FINAL_RFP_16-100-SOL-00006.pdf

The Office of Acquisitions Management, Contracts & Grants (AMCG) is issuing this Request for Proposal (RFP) on behalf of The Assistant Secretary for Preparedness and Response (ASPR).

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. If you are interested in competing for this effort, you or your team may participate by submitting your proposal in accordance with the procedures in this RFP.

The solicitation number is HHS-ASPR-16-100-SOL-00006 and this solicitation is issued as a RFP and incorporates provisions and clauses of Federal Acquisition Circular 2005-83, with an effective date of November 1, 2015. This is NOT a small business set aside. The associated NAICS code is 524291, Claim Adjusting and small business size standard in number of employees is $20.5M. All responsible sources may submit a proposal which shall be considered by the agency.

It is expected that a Fixed Price Indefinite Delivery Requirements Contract type [FAR 16.503] will be awarded as a result of this RFP. The Requirement Contracts will allow fixed price and/or cost reimbursement task orders to be issued, on an as needed basis. It is unrealistic to provide an estimated total quantity for the resulting contract;

however, it is expected that an initial Task Order [#1] may be issued immediately upon execution of contract award to initiate the Pre-Activation Phase and Maintenance of the EPAP and subsequent Task Orders will be issued on an as needed basis (e.g. in the event of a national disaster) for the Activation and De-Activation Phase Based on past historical events, the Government is preparing for a minimum of three to four disasters per year. The number of executed Task Orders may increase as the need arises. In addition, historical data (Appendix A) will be provided.

The requirement is to perform the activities related to adjudicating prescription drug claims for medications, specific medical supplies, vaccines and durable medical equipment (DME) and reimbursing pharmacies enrolled in the Emergency Prescription Assistance Program (EPAP) to support ASPR in the event of a national disaster described further in the Statement of Work (SOW), below provided as part of this RFP. The overall period of performance for this requirement will be one 12-month base period, with four 12-month option periods.

CLIN STRUCTURE TABLE

CLIN# Description of Supply or Services Fixed Price Amount

Emergency Prescription Assistance Program (EPAP) to support ASPR in the event of a national disaster - Base Period

Pre-Activation Phase Maintenance

Emergency Prescription Assistance Program (EPAP) to support ASPR in the event of a national disaster - Base Period

Activation Phase De-Activation Phase

EPAP to support ASPR in the event of a national disaster - Option One

EPAP to support ASPR in the event of a national disaster - Option One

0005 EPAP to support ASPR in the event of a national disaster - Option Two

0006 EPAP to support ASPR in the event of a national disaster - Option Two https://acquisition.gov/far/current/html/Subpart%2012_6.html%23wp1088488 https://acquisition.gov/far/current/html/Subpart%2012_6.html%23wp1088488

0007 EPAP to support ASPR in the event of a national disaster - Option Three Maintenance

EPAP to support ASPR in the event of a national disaster - Option Three

0009 EPAP to support ASPR in the event of a national disaster - Option Four

EPAP to support ASPR in the event of a national disaster - Option Four

STATEMENT OF WORK

OBJECTIVE

The purpose of this requirement is to obtain services to perform the activities related to adjudicating prescription drug claims for medications, specific medical supplies, vaccines and durable medical equipment (DME) and reimbursing pharmacies enrolled in the Emergency Prescription Assistance Program (EPAP) on the Government’s behalf. Additionally, this requirement will permit the adjudication and reimbursement for the administration or dispensing of specific medications and vaccines by community pharmacies. This effort will allow any participating pharmacy in the United States and its territories (Puerto Rico and the US Virgin Islands) to use existing electronic pharmacy systems as an infrastructure to efficiently process prescription drugs, specific medical supplies, vaccines and DME for uninsured individuals that are eligible for the EPAP.

EPAP activities provide “essential assistance” to support state and local jurisdictions as defined in Section 403 and 502 of the Stafford Act, 42 USC 5170b. Program activation will occur under the Robert T. Stafford Disaster Relief and Emergency Assistance Act or under the authorities of the National Disaster Medical System (NDMS) to provide emergency medical care to the uninsured individuals of public health emergencies and catastrophic events that overwhelm the capacity of state and local emergency medical systems to respond to these disasters.

Section 2812 of the PHS Act provides that the Secretary may activate the NDMS to “provide health services, health-related social services, other appropriate human services, and appropriate auxiliary services to respond to the needs of victims of a public health emergency (whether or not determined to be a public health emergency under section 319).

BACKGROUND

Section 2811 of the Public Health Service Act establishes within the Department of Health and Human Services (HHS) the position of the Assistant Secretary for Preparedness and Response (ASPR) to serve as the principal advisor to the Secretary on all matters related to Federal public health and medical preparedness and response for public health emergencies. ASPR has agreed to accept a subtask from the Department of Homeland Security, Federal Emergency Management Agency to provide pharmaceutical supplies, specific medical supplies, vaccines, limited DME and personnel sufficient to support disaster response operations.

In the aftermath of several natural disasters, community retail pharmacies were ready, willing and able to assist evacuees. Indeed, in many disaster areas, community pharmacists were on the scene before any other medical professionals providing first aid and prescription drug assistance to evacuees. Through the coordinating efforts of HHS, community pharmacists were able to set up and serve the emergency needs of evacuees from Katrina at the Astrodome, Kelly Air Force Base, the Convention Center and hundreds of other evacuee sites using the existing private prescription drug distribution system.

Conflicting directions from Federal, State, local and private agencies, along with the lack of any established process for enlisting the help from this community resource were among the biggest challenges for these pharmacies. In fact, many pharmacies that dispensed medications to evacuees were unable to settle claims due to the lack of clarity about what agency is responsible for paying which prescription drugs dispensed during the disaster response.

Prescription drugs, specific medical supplies, vaccines and DME are critical first line therapies in treating both acute and chronic conditions. For this reason, assuring an adequate and readily available supply should be a priority for emergency planning.

As a byproduct of our experience with several natural disasters, the federal government established the EPAP to fully leverage private sector resources for efficient prescription drugs, specific medical supplies, vaccines and DME distribution. The EPAP will provide access to necessary prescription drugs, specific medical supplies, vaccines and limited DME for uninsured individuals who were affected by a major disaster or emergency and have a need for prescription drugs, medical supply, or DME coverage at any pharmacy in the nation or U.S. territories.

Additionally, the EPAP will facilitate communications between government and private industry to identify and address any potential pharmaceutical and medical supply needs during the initial disaster response.

SCOPE

The Contractor shall provide access, at any EPAP-enrolled network retail pharmacy in the nation or U.S. territory to ASPR- identified prescription drugs, specific medical supplies, vaccines and limited DME for uninsured individuals who were affected by a major disaster or emergency. The activation of this requirement for adjudication and reimbursement for the administration or dispensing of specific prescription drugs, specific medical supplies, vaccines and limited DME by community pharmacies in response to a public health emergency will be by determined by the ASPR. EPAP should be the payer of last resort for prescription drugs, specific medical supplies, vaccines and limited DME with coverage effective only after other insurances (private insurance, Medicare, and Medicaid) cannot be identified by the patient, pharmacy or by the EPAP contractor through an eligibility database (Surescripts or similar database capability). This Third Party Liability (TPL) program is meant to limit EPAP coverage only to individuals with no other forms of applicable coverage. The EPAP shall reject claims to individuals who have other prescription drugs, medical supplies, vaccines and DME coverage identified through the Third Party Liability (TPL) program (see sample attachment #1). If other payer information is identified by the EPAP contractor through the TPL program, the Contractor shall correct payer information to the dispensing pharmacy to facilitate patient access through appropriate coverage channels. The claims should be for prescription drugs written by an appropriately licensed clinical provider or prescription drugs refills on file at the pharmacy provided doing so is within the authority provided by the state, and the prescription drug or medical item is on the approved list. Prescription drug bottles with refills remaining on a current prescription drugs are considered adequate proof of an existing prescription where such prescription is not for a controlled substance, except if such prescription drug otherwise meets applicable state law requirements for emergency refills.

Contractor shall make reasonable efforts to review and monitor the cost effectiveness, interaction and resulting therapeutic implications of various prescription drugs, medical supplies, vaccines and DME. The EPAP consists of three Phases.

CONTRACTOR REQUIREMENTS:

1. PRE-ACTIVATION PHASE and MAINTENANCE (ONE TIME SYSTEM SET-UP)

• Set up the EPAP to become fully operational within 15 days of requirement being awarded

• Establish an interface with an eligibility database (Surescripts or similar database capability) to allow for real-time eligibility queries during the activation phase

• Implement a mandatory fill program for the lowest price alternative between brand and generic, unless prescribed Dispense As Written (DAW) for a brand medication

• Establish a 24/7 Call Center capable of providing telephonic Customer Service Representative

(“CSR”) support using an existing (“CSR”) 800 number, including an Interactive Voice Response (“IVR”) phone system or similar non-IVR decision tree phone system, immediately of activation, or in the case of OCONUS within 24 hours, to provide automated information concerning the EPAP to:

o Retail Pharmacy Providers o Uninsured Individuals/Beneficiaries o Develop an appeal process if uninsured individuals want to appeal (so it will notify

HHS/ASPR COR if there is an appeal)

• Maintain or establish enrollment of existing pharmacy nation-wide network (50,000+ retail pharmacies) as the EPAP pharmacy network. This network should be capable of providing eligible uninsured individuals with covered prescription drugs, medical supplies, vaccines and

DME

• Establish a testing and maintenance plan on the system to ensure EPAP workflow [see Appendix A] process is properly functioning

2. ACTIVATION PHASE (SYSTEM OPERATING)

• Notify enrolled EPAP retail pharmacies in the affected areas of EPAP activation through fax, email message, text or other direct message

• Activate EPAP and become fully operational within 24 hours of receiving issuance of task order from Contracting Officer

Provide EPAP coverage for prescription drugs, specific medical supplies, vaccines and limited DME [see Appendix B] determined by preset formulary for uninsured individuals who present a valid prescription at enrolled retail pharmacies across the nation during a qualifying event, at no cost to the uninsured individuals.

The limited Durable Medical Equipment is cane, walker, crutch and wheelchair, however, additional DME may be added in the future.

• Implement or use existing systems that enables real-time point-of-sale eligibility checks and edits for claims where the pharmacist has found no coverage

• Adjudicate payment of legitimate pharmacy claims from participating network pharmacies on an as-needed basis

• Allow enrollment of legitimate pharmacies (including during activation) into EPAP nation-wide network provided pharmacies are willing to accept the standard terms and conditions of the EPAP pharmacy network contract

• Communicate with network pharmacies for claims processing instructions, including updated payer sheets, eligibility criteria, approved prescription drugs, specific medical supplies, vaccines and limited DME, and program limitations within 24 hours

3. DE-ACTIVATION PHASE (SYSTEM END)

• De-activate EPAP within 24 hours of receiving notification

• Close out and pay all claims in accordance with the terms and conditions of task order

• Auditing of claims to evaluate fraud and abuse of claims (average of 12,000 claims per response), review of prior authorization appropriateness, and validation of payer of last resort status. The results of the report may require redirecting payments to an appropriate third party payer or other payment reconciliation with ASPR

• Notify enrolled EPAP retail pharmacies in the affected areas of EPAP de-activation through fax, email, text or other direct message

REPORTING/DELIVERABLES SCHEDULE

Item Description Phases Delivery Schedule

Addressee Method of Delivery

Deliverable Program Management Plan Pre- Activation

30 Days After Award

COR and CO Electronic

Deliverable Maintenance system to ensure adjudicating claims is working

Pre- Activation

30 Days After Award and every 6 months afterwards

COR and CO Conference

Deliverable (1) Presentation of activation/deactivation and (2) real life

Pre- Activation

30 Days After Award

COR and CO Face-to-Face Conference

Deliverable Finalized EPAP Workflow Process – see Appendix A

Pre- Activation

30 Days After Award

COR and CO Electronic

Deliverable Finalized DME Listing – see Appendix B

Pre- Activation

30 Days After Award

COR and CO Electronic

Deliverable Finalized Event Guide – see Appendix C

Pre- Activation

30 Days After Award

COR and CO Electronic

Reports Activation Claim Reports (detail) – see Appendix D

Activation 3x/week COR and CO Electronic (Microsoft excel or other

Reports Fraudulent Activity Reports

Activation Daily COR and CO Electronic (Microsoft excel or other

Reports Progress Conference Calls Activation As Needed COR and CO Teleconference

Reports Rejection Claims Activation Weekly COR and CO Electronic (MS Excel or other

Reports Auditing for fraud and abuse claims

De- Activation

30 days after De-

COR and CO Electronic (MS Excel or other

GOVERNMENT FURNISHED RESOURCES AND INFORMATION

• EPAP Historical Data – Appendix A

• EPAP Workflow Process – Appendix B

• Sample of Prescription Drug Formulary, Medical Supplies, Vaccines and DME Listing – Appendix C

• Sample EPAP Eligibility Sheet – Appendix D

• Sample of Claim Report – Appendix E

• Sample Notification for Pharmacies on EPAP – Appendix F

INSPECTION AND ACCEPTANCE CRITERIA

During Pre-Activation Phase (system set up and maintenance phase), the contractor shall perform EPAP workflow demonstration, testing and presentation of the Activation/De-Activation Phases to COR in accordance to the Reporting/Deliverable Table above. Upon successful passing of testing, final acceptance will be provided by COR. Ongoing testing will occur on a quarterly basis via online or in-person to ensure the EPAP system is functional.

REQUIREMENTS FOR HANDLING SENSITIVE/PROPRIETARY INFORMATION

All documents that contain information covered under the Privacy ACT, 5 USC 552(a), and/or the Health Insurance Portability and Accountability Act (PL 104-191) and its various implementing regulations and must be protected in accordance with those provisions. Healthcare information is personal and sensitive and must be treated accordingly.

FAR 52.212-1, Instructions to Offerors—Commercial, applies to this acquisition. In addition, the Offeror shall include a Cover Letter and the information posted in this notice. The cover letter shall include, at a minimum, the Offeror’s name, address, and point of contact with phone number and email address. The proposal must be signed by an authorized individual representing the Offeror.

Written proposals shall be submitted in two distinct Parts respectively labeled as "Part I – Technical Proposal" and, "Part II – Business/Cost Proposal", and submitted as two distinct, clearly labeled electronic files. Each proposal Part shall be further divided into sections as described below.

Proposal text must be formatted for 8 ½ by 11 inch paper. Minimum margins for top, bottom, and sides are (1) inch, excluding headers and footers. The font and print size selected shall make the proposal easily readable. Information may be formatted for single or double-sided sheets, but shall not exceed the applicable page limitations. The type color for all documents submitted (including charts and graphs) shall be black. Bolding, underlining, and italics may be used to identify topic demarcations or points of emphasis. Graphic presentations, including pricing and other tables, while not subject to the margin and page size restrictions, shall use spacing and text that is easily readable. Information that exceeds the applicable page limitations will not be considered.

POST PROPOSAL CONFERENCE: A post-proposal conference will be held with the top two – three that rank most technically superior. The conference will consist of a face to face power point presentation that outlines the Offeror’s proposed EPAP Pre-Activation [as applicable], Activation and De-Activation Phases, along with a question and answer period.

PART I – TECHNICAL PROPOSAL must be divided into the sections corresponding to the numbering structure below and must not exceed 20 pages. Appendices and Attachments are excluded from the page limit. The technical approach shall, at a minimum, be prepared in a format consistent with the evaluation criteria for award set forth in the addendum to FAR clause 52.212-2, of this RFP. PLEASE NOTE: The Mandatory Criteria (under Evaluation Process) must be addressed under a separate tab under Part I.

The technical qualification shall be a stand-alone document containing all information necessary for the Government to perform a complete technical evaluation. The technical proposal must explain in detail and not simply state the Offeror can/will perform the SOW. Specifically, the technical proposal must address in detail the following:

1) Technical Approach - The Offeror shall provide its approach to successfully performing in accordance to the Statement of Work. The response approach shall include the following:

a. Pre-Activation Phase

b. Maintenance

c. Activation Phase

d. De-Activation Phase

At a minimum, the technical proposal must address each of the following:

• Claims Payment: Demonstrate the ability to establish a claims payment system for real time/point of sale pharmacy payment of eligible claims.

• Approach to Handling Multiple Disasters or Large Scale Events: The Offeror shall describe their approach to expanding their solution to accommodate a large scale disaster or the possibility of multiple disasters requiring reimbursement services simultaneously.

Please describe your ability and approach to adjudicating claims to be defined as part of the base contract. If the Offeror plans to subcontract as part of its solution, please describe the role and scope of the subcontractor.

• Claims Processing Technology: In an accurate, efficient and innovative manner, the Offeror should have access to a claims processing software system capable of adjudicating claims. The Offeror shall name their network of partner(s) in which they will utilize for claims processing and shall detail how this network of partner(s) will be utilized.

• Claims Adjudication Process: The Offeror shall detail the proposed workflow for https://acquisition.gov/far/current/html/52_212_213.html%23wp1179124 processing claims once received. The workflow should outline the most logical, efficient distribution of resources the Offeror intends to validate that the pharmacies have validated to participate in the EPAP.

• Provider Payment Processing: The Offeror shall detail how it will make payments to pharmacies for adjudicated claims approved by the Government. The response should describe the payment techniques available and any vendor registration process required by the Offeror from providers. Please describe the content of a remittance advice and other communication to be provided by the Offeror to providers that will facilitate payment posting and reconciliation by providers. The Offeror should describe what documents will be submitted to the Government as proof of payment. Offerors that address all the necessary documentation and provide an efficient reimbursement system that pays providers within the timeframes established in the SOW shall receive the highest ratings.

• Data Access and Reporting: The Government’s assumption is that the adjudication of claims and production of remittance advices will occur using systems from the Offeror.

Please describe the content and format of any information regarding claims, remittance advices and payments that can be supplied to the Government in electronic format to facilitate tracking, claim denial reviews and further investigation as needed.

• Customer Service and Communication Process: In order to communicate information about the program to providers and pharmacies, the Offeror shall be responsible for establishing dedicated phone lines. Describe how inquiries from providers will be tracked, serviced and escalated as needed. The Offeror shall detail all other customer service techniques and tools it plans to implement to support the program.

• Fraud and Abuse Prevention: The Offeror shall detail a comprehensive processing and due diligence steps required to meet or exceed the Government’s minimum requirements for Fraud and Abuse Prevention. Using the assumptions about access to patient lists and previous claims as outlined in the Statement of Work, the Offeror shall describe how these data sources will be combined with the Offeror’s own processes and tools to facilitate Fraud and Abuse Prevention before claim payment is made.

2) Project Management Approach - The Offeror shall identify the management approach that will be used for this effort. The Offeror shall state the percentage of time these key personnel will devote to work on this effort, if less than 100% (e.g. the percentage of the person’s weekly work time that the Offeror expects will be devoted to this requirement).

At a minimum, the technical proposal must address each of the following:

• Management Structure: The Offeror shall identify the management structure for this project--including the project manager and the corporate executive who will be responsible for the account. Resumes and an organization chart must be provided outlining the roles and resources of who/which are planned to support the account.

Resumes shall be provided as attachments to the proposal for the project manager and the corporate executive.

• Project Management Plan (Draft Project Management Plan): A draft Project Management Plan shall be provided as an attachment to the proposal. The Project Management Plan shall include the Offeror’s approach for risk management, and identify the top risks and associated mitigation strategies that the Offeror sees for the project in responding to a natural disaster. A complete and detailed project plan that covers all work identified under the SOW. The project plan shall detail the methodology, proposing staff, processes (tasks, sub-tasks, etc.) to be undertaken by the contractor, level of effort for each process; and project milestones and delivery dates for performance (if different than the SOW).

3) Past Performance - The Government will evaluate the offeror's past performance based on information obtained from references provided by the offeror, other relevant past performance information obtained from other sources known to the Government, and any information supplied by the offeror concerning problems encountered on the identified contracts and the corrective action(s) taken. In addition, relative risks associated with each offeror will be assessed and considering the likelihood [or not] of success in performing the acquisition requirements as indicated by that offeror's record of past performance. The currency and relevance of the information, source of the information, context of the data, and general trends in the offeror's performance will also be considered.

The Offeror shall send the past performance survey (ATTACHMENT #1) for three references and have them submit completed surveys to the contracting officer via email prior to the date for submission of proposals. Offeror s shall provide surveys to references for which they provided work similar in size, scope, and nature to that required in the statement of work as prime contractors or significant subcontractors, whether for Government or private entities. The surveys will not count towards the page limitation.

PART II – BUSINESS/COST PROPOSAL The business/cost proposal must consist of all pricing, and price-related information only. The offeror shall provide a complete and detailed FIXED-PRICE proposal based on the requested items above in the technical proposal as a separate package from the technical proposal. The offeror shall provide a budget narrative that fully describes its pricing methodology and include all applicable costs into its rates and/or pricing. Pricing shall be broken down in accordance with the phases of the project detailed in the SOW (e.g.

Pre-Activation, Activation, and Post-Activation Phases) - See ATTACHMENT #2 - CLIN STRUCTURE TABLE for more information. Labor categories and applicable rates should be shown in back up documentation so that the level of effort can be assessed during the price review to ensure that the labor-mix meets the Government expectation.

The pricing submission should be formatted using ATTACHMENT #2 – CLIN STRUCTURE TABLE and ATTACHMENT #3 PRICE TABLE. PLEASE NOTE: Since both Attachments represent one submission, the grand totals of each must be consistent. Each Offeror’s proposal shall also, as appropriate, disclose, describe, or submit the following information in Part II:

• Level of Effort entries on Attachment #3 are examples only. Offerors may submit other percentages.

• Offerors must include labor categories, number of hours, and fully burden labor rates so that the government may review how the price was derived for each Labor CLIN.

• Offerors must provide the pricing in Excel Spreadsheet (ATTACHMENT 3) when submitting pricing.

• Contact information for the person most responsible for composing this proposal, including his or her name, telephone number and e-mail address.

EVALUATION PROCESS

FAR 52.212-2, Evaluation—Commercial Items applies to this acquisition and specific evaluation criteria is included in paragraph (a) below:

The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: (i) technical approach; ;(2) project management approach; and (3) past performance. Technical, project management approach and past performance are significantly more important than price. It is the Government’s objective to obtain the highest technical quality at a fair and reasonable price.

The Government intends to evaluate proposals and make award without discussions.

The Mandatory Criteria [below] must be addressed under a separate tab. PLEASE NOTE: Proposals that do not meet the Mandatory Criteria will not be further evaluated.

MANDATORY CRITERIA FOR ELIGIBILITY:

• Proof of established relationship with a large retail pharmacy network (50,000+) throughout the U.S.

• Proof of established call center (or the ability to have one up and running within 24 hours) – methodology must be evident that the ability to be functional within 24 hours of issuance of subsequent task order)

• Proof of established pharmacy benefit management (PBM) service (prescription adjudication) https://acquisition.gov/far/current/html/52_212_213.html%23wp1179178

• Proof of established a fully operational EPAP within 15 days of contract being awarded

Factor 1 - Technical Approach

The Offeror's technical proposal will be evaluated on the overall detailed methodology, approach and milestone schedule for implementation of each Phase (1) Pre-Activation; (2) Activation; and (3) De-Activation in response to SOW. Proposals will also be evaluated on the Offeror's ability and approach to implementation of the EPAP communication center within 24 hours in the activation phase.

Factor 2 – Project Management Approach

Technical proposal will be evaluated on the experience of proposed personnel, clarity of the roles and responsibilities of each personnel during each Phase of SOW, individuals’ roles in responding to a natural disaster and a Program Management Plan (PMP) that fully documents its management approach for this contract.

Factor 3 - Past Performance

The Offeror shall send the past performance survey of three references and have them submit completed surveys to the contracting officer via email prior to the date for submission of proposals. Offerors shall provide surveys to references for which they provided work similar in size, scope, and nature to that required in the statement of work as prime contractors or significant subcontractors, whether for Government or private entities. The Government will evaluate the offeror's past performance based on customer service satisfaction information obtained from references provided by the offeror, other relevant past performance information obtained from other sources known to the Government, and any information supplied by the offeror concerning problems encountered on the identified contracts and the corrective action(s) taken.

EVALUATION METHODOGY

First, each offeror will be evaluated using the Mandatory Criteria above as Acceptable (EACH of the mandatory criteria MET) or Unacceptable (one or more of the mandatory criteria NOT MET). Unacceptable responses will not be considered. In accordance with FAR 12.602 (b), Offers shall be evaluated in accordance with the criteria contained in the solicitation (as stated above), specifically technical approach, project management approach and past performance.

Adjectival Rating Definitions

• Excellent: Submission exceeds or meets all specified requirements; technically sound submission pertinent to program goals and objectives

• Good: Submission meets most specified requirements; scientifically is technically acceptable

• Fair: Submission does not meet some specified requirements or the submission contains weaknesses that may be correctable without major revision. May be recommended for acceptance but at a lower priority

• Poor: Submission fails to meet specified requirements or contains significant weakness; does not meet program requirements; not correctable without major revision. Submissions with a “Poor” rating are not awardable

SOLICITATION PROVISIONS:

FAR 52.212-3, Offeror Representations and Certifications—Commercial Items - Offerors must include a completed copy of the provision at with its offer.

FAR 52.212-4, Contract Terms and Conditions—Commercial Items, applies to this acquisition and a statement regarding any addenda to the clause.

FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items, applies to this acquisition. In addition, the following provisions also are applicable to the acquisition:

FAR 52.203-6, Restrictions on Subcontract Sales to the Government FAR 52.203-13, Contractor Code of Business Ethics and Conduct FAR 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards FAR 52.209-6, Protecting the Governments Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment FAR 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters FAR 52-222-3, Convict Labor FAR 52.222-19, Child Labor – Cooperation with Authorities and Remedies FAR 52.222-21, Prohibition of Segregated Facilities FAR 52.222-26, Equal Opportunity FAR 52.222-35, Equal Opportunity for Veterans FAR 52.222-36, Equal Opportunity for Workers with Disabilities FAR 52.222-37, Employment Reports on Veterans FAR 52.222-40, Notification of Employee Rights Under the National Labor Relations Act FAR 52.222-51 Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment - Requirements FAR 52.222-54, Employment Eligibility Verification FAR 52.225-3, Buy American – Free Trade Agreements – Israeli Trade Act FAR 52.225-13, Restrictions on Certain Foreign Purchases FAR 52.232-33 Payment by Electronic Funds Transfer – System for Award Management

ADDITIONAL CLAUSES:

FAR 52.216-19 -- Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than _____________ [insert dollar figure or quantity], the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor --

(1) Any order for a single item in excess of _____________ [insert dollar figure or quantity];

(2) Any order for a combination of items in excess of ______________ [insert dollar figure or quantity];

or

(3) A series of orders from the same ordering office within _____________ days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within _____ days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

FAR 52.216-21 – Requirements (Oct 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government’s requirements do not result in https://acquisition.gov/far/current/html/52_212_213.html%23wp1179194 https://acquisition.gov/far/current/html/52_212_213.html%23wp1179465 https://acquisition.gov/far/current/html/52_212_213.html%23wp1203358 orders in the quantities described as “estimated’’ or “maximum” in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after _________________ [insert date].

FAR 52.217-3 -- Evaluation Exclusive of Options (Apr 1984).

The Government will evaluate offers for award purposes by including only the price for the basic requirement; i.e., options will not be included in the evaluation for award purposes.

FAR 52.217-5 -- Evaluation of Options (Jul 1990) Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

FAR 52.217-8 -- Option to Extend Services.

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within ______ [insert the period of time within which the Contracting Officer may exercise the option].

FAR 52.217-9 -- Option to Extend the Term of the Contract.

(a) The Government may extend the term of this contract by written notice to the Contractor within _____ [insert the period of time within which the Contracting Officer may exercise the option]; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least ___ days [60 days unless a different number of days is inserted] before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed ___________ (months)(years).

Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

A written notice of award or acceptance of an offer mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

Questions and Comments: The Government welcomes questions regarding this RFP. Questions and comments will be accepted by the point of contact identified herein via email until 5:00 P.M. EST, January 14, 2016. No other form of questions or comments will be accepted. Responses to all questions will be publicly posted to www.fbo.gov.

Proposals and Submissions must be received no later than 5:00 P.M. EST, February 5, 2016. Proposals and Proposal/proposal submissions received after the time and date specified will be determined to be late and may not be considered.

ASPR/AMCG prefers that all submittals, including attachments, be submitted electronically to roshawn.simpson@hhs.gov and Francine.hemphill@hhs.gov.

If e-mail is your method of submission, please include “HHS/ASPR EPAP REQUIREMENT–LONG TERM” Proposal Submission (Contractors Name and DUNS)/CIPP)” in the subject line of your e-mail. Information provided will not be released but please mark PROPRIETARY on all documents submitted. Attach a copy of System for Award Management (SAM) Report no later than the response date stated in this notice.

http://www.fbo.gov/ mailto:roshawn.simpson@hhs.gov mailto:Francine.hemphill@hhs.gov