HT0011-20-R-0023-0003.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The reason for this amendment is to extend the offer due date and add FAR provision 52.222-46 Evaluation of Compensation For Professional Employees. Potential offerors should be aw are that a later amendment w ith changes to the solicitation w ill be forthcoming.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 12

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 23-Jul-2020

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X HT001120R0023

X 9B. DATED (SEE ITEM 11)

20-Jun-2020

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X is extended, is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

23-Jul-2020

CODE

DHA CONTRACTING OFFICE-(PS-CD) HT0011

7700 ARLINGTON BLVD

FALLS CHURCH VA 22042

HT0011 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

HT001120R0023

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

SOLICITATION/CONTRACT FORM

The required response date/time has changed from 29-Jul-2020 09:00 AM to 05-Aug-2020 09:00 AM.

The following have been added by full text:

52.222-46 EVALUATION OF COMPENSATION FOR PROFESSIONAL EMPLOYEES (FEB 1993)

(a) Recompetition of service contracts may in some cases result in lowering the compensation (salaries and fringe benefits) paid or furnished professional employees. This lowering can be detrimental in obtaining the quality of professional services needed for adequate contract performance. It is therefore in the Government's best interest that professional employees, as defined in 29 CFR 541, be properly and fairly compensated. As part of their proposals, offerors will submit a total compensation plan setting forth salaries and fringe benefits proposed for the professional employees who will work under the contract. The Government will evaluate the plan to assure that it reflects a sound management approach and understanding of the contract requirements. This evaluation will include an assessment of the offeror's ability to provide uninterrupted high-quality work. The professional compensation proposed will be considered in terms of its impact upon recruiting and retention, its realism, and its consistency with a total plan for compensation. Supporting information will include data, such as recognized national and regional compensation surveys and studies of professional, public and private organizations, used in establishing the total compensation structure.

(b) The compensation levels proposed should reflect a clear understanding of work to be performed and should indicate the capability of the proposed compensation structure to obtain and keep suitably qualified personnel to meet mission objectives. The salary rates or ranges must take into account differences in skills, the complexity of various disciplines, and professional job difficulty. Additionally, proposals envisioning compensation levels lower than those of predecessor contractors for the same work will be evaluated on the basis of maintaining program continuity, uninterrupted high-quality work, and availability of required competent professional service employees.

Offerors are cautioned that lowered compensation for essentially the same professional work may indicate lack of sound management judgment and lack of understanding of the requirement.

(c) The Government is concerned with the quality and stability of the work force to be employed on this contract.

Professional compensation that is unrealistically low or not in reasonable relationship to the various job categories, since it may impair the Contractor's ability to attract and retain competent professional service employees, may be viewed as evidence of failure to comprehend the complexity of the contract requirements.

(d) Failure to comply with these provisions may constitute sufficient cause to justify rejection of a proposal.

(End of provision)

The following have been modified:

ADDENDUM TO 52.212-1

(b) Submission of offers. This is a FAR Part 15 acquisition. The Offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. The Government reserves the right to seek information through clarifications or communications with the Offerors. The Government also reserves the right to hold discussions or negotiations if the Contracting Officer finds it necessary to do so. The offer shall not simply rephrase or restate the

Government’s requirements, but shall provide convincing rationale to address how the Offeror intends to meet the requirements. Only one contract award is anticipated resulting from this Request for Proposal (RFP); however, the Government reserves the right to withdraw, modify, or eliminate various aspects of the requirement determined to be too costly or impractical prior to award. By submitting an offer, the Offeror indicates their intent to comply with all requirements of the solicitation and perform all work within the scope of an anticipated contract award. Offers that do not comply with RFP instructions may be rejected without consideration or evaluation. This is a reminder to all offerors to see Organizational Conflict of Interest (OCI) provisions and clauses. All offerors are required to submit the list of contracts/task orders and OCI mitigation plan and other documents as required by the OCI provisions and clauses in this solicitation by the offer due date and time. ALL OFFERORS ARE REQUIRED TO SUBMIT AN OCI MITIGATION PLAN even if the offeror has NEVER performed contracts for DHA.

(1) Questions must be submitted to the POC’s via email no later than June 24, 2020, 9:00 a.m. Eastern Time.

Questions must be submitted utilizing the Solicitation Attachment 18, Q&A Template. Interested parties should fill out Columns A, B, and C of Attachment 18. Questions submitted that do not use the Attachment 18, Q&A Template will not be considered. Late or follow-up/additional questions will not be accepted or acknowledged after this date and time. Answers to submitted questions will be provided via solicitation amendment and posted to the Government wide point of entry. Answers will not be provided via email. It is the responsibility of the offerors to monitor the Government wide point of entry for question and answers and for any future solicitation amendments.

(2) Points of Contact. Points of Contact (POC) for this RFQ are stephanie.l.marsh6.civ@mail.mil and Robert.e.leblanc6.civ@mail.mil. The Offeror to the solicitation is responsible for ensuring receipt by the POCs.

(3) Electronic Submittal: Offers shall be electronically submitted via e-mail to the Points of Contact identified above. The firewall utilized by the Government contracting office does not authorize or accept zip files. The email system cannot accept emails with a file size greater than 6 MB. It is the Offeror’s responsibility to ensure electronic submission is received timely by the POCs. This RFP shall not be considered direction to proceed with the subject effort, nor a promise of future direction to proceed. Contractors are solely responsible for this RFP’s submission expense.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 180 calendar days from the date specified for receipt of offers.

(d) Product samples. Not applicable.

(e) Multiple offers. Offerors shall submit only one offer presenting terms and conditions and commercial items/services for satisfying the requirements of this solicitation. In the event an Offeror submits more than one offer, only the last offer received prior to the due date and time for offers will be considered for evaluation.

(h) Multiple Awards. Only one contract award is anticipated resulting from this Request for Proposal (RFP);

however, the Government reserves the right to withdraw, modify, or eliminate various aspects of the requirement determined to be too costly or impractical prior to award.

(m) Offer Content and Format. An offer shall consist of 1 separate cover letter and four (4) separate volumes:

Volume 1 for material to be reviewed under the Technical Factor, Volume 2 for all Past Performance Information, Volume 3 for all Price Information, and Volume 4 for material submitted regarding the Organizational Conflict of Interest (OCI) mitigation plan, OCI contract list and that which is related to OCI provisions and clauses. An offer page is 8.5 inches by 11 inches with 1-inch margins using single lines in Times New Roman font of no less than 12-point size font. Tables, graphics, and call-outs may use 10-point font. Narrative shall be submitted in MS Word or searchable PDF Format. Detailed pricing information shall be submitted in tabular format compatible with MS Excel. All Excel cells shall be unlocked and editable, with formulas shown extended out two decimal places. All pages of the offer volumes shall be numbered, using a uniform numbering system. Page numbers, headers and footers may be outside the page margins and are not bound by the font and point size requirement. For any segments of an offer with a defined page limit, pages exceeding the specified limit will be removed and not forwarded for evaluation. Any offer containing proprietary information shall be clearly marked. All pricing information shall be addressed ONLY in the Price Volume. Each volume shall contain a title page and glossary of all abbreviations and acronyms used, and with an explanation for each. Each volume title page shall include the mailto:stephanie.l.marsh6.civ@mail.mil mailto:Robert.e.leblanc6.civ@mail.mil offeror’s name, address, and Cage Code. Each volume may contain a Table of Contents. Title pages, glossaries, and tables of content do not count against the page limitations for their respective volumes.

Cover Letter Instructions. The cover letter shall reference the solicitation/RFP number and include the Company Name, Address, Contract and Government Entity (CAGE) code, and DUNS number. The cover letter shall identify the name, address (if different from the company address), telephone number, and e-mail address of the individual authorized to provide clarifications and have communications with the Government. Cover letters shall state offer validity at least 180 days from the date of submittal and shall provide a statement specifying the extent of agreement with terms, conditions, provisions, and representations and certifications included in the solicitation.

Cover letters shall indicate receipt of all solicitation amendments by incorporating one copy of each Standard Form 30 or by listing each solicitation amendment. The cover letter should include any other information required for compliance with the solicitation and solicitation provisions, but not specified for inclusion in an offer volume. The cover letter has no page limit. The cover letter must address the offerors response to DFARS provision 252.239- 7009, Representation of Use of Cloud Computing.

(1) Volume 1, Technical Instructions. This volume shall not include information related to the offeror’s price.

Volume 1 shall include the Technical Approach Narrative, Incoming Transition Plan, Key Personnel Resumes and Key Personnel Letters of Intent. The Volume 1 Technical Approach Narrative and Incoming Transition Plan shall not exceed a total of 20 pages when combined. Key Personnel Resumes and Key Personnel Letters of Intent are not included in the total aforementioned 20 page count. Key Personnel Resumes shall not exceed 3 pages each. Key Personnel Letters of Intent shall not exceed 1 page each. The aforementioned 20 page count limit does not include the cover page, table of contents or glossaries. The Technical Volume shall clearly indicate where (by page number) the Technical Approach Narrative, the Incoming Transition Plan, Key Personnel Resumes, and Key Personnel Letters of Intent, each begins and ends. For any segment of an offer with a defined page limit, pages exceeding the defined page limit will be removed and not forwarded for evaluation.

(i) Technical Approach Narrative. The Technical approach narrative must be written to demonstrate a clear understanding of each bulleted area below. The Technical approach narrative must be written to demonstrate each offeror’s competency in each bulleted area below. The technical approach narrative must provide convincing rational of how the work will be accomplished and not simply restate or rephrase the bulleted tasks. The technical approach narrative must also detail a work plan or methodology that ensures achievement of each of the bulleted requirements as listed below:

Communication and Outreach

• The Offeror’s Communication and Outreach plan to recommended courses of action to provide communications and conduct outreach with internal and external stakeholders to include but not limited to the Military Departments, Department of Labor, Veterans Affairs and non-governmental organizations providing support to wounded, ill and injured Service members and their caregivers. Additionally, the plan must include the offeror’s approach to providing quality and frequency of contact with stakeholders.

Caregiver Support

• The Offeror’s Caregiver Support plan to provide ongoing resource identification and collaboration with community-based entities such as Military Departments’ Wounded Warrior Programs, Military Community and Family Policy, Morale Welfare and Recreation with the goal of connecting referred caregivers with opportunities to participate in programs, events, and receive assistance.

Education and Employment Initiative (E2I)

• The Offeror’s E2I plan and methodology to build relationships and collaborate with potential providers of education and training assistance (such as: academic, vocational, licensure, certifications, and apprenticeships), to include the identification and sharing of innovative approaches to training Recovering Service Members (RSMs) during their recovery period.

National Resource Directory (NRD)

• The Offeror’s NRD plan during GAT, to identify non-conforming issues and provide remediation

(recommended courses of action to resolve non-conforming issues) within twenty-four (24) hours of the end of each GAT session.

• The Offeror’s NRD plan to establish a thorough vetting process to ensure all new nongovernmental resources are appropriate, valid, and support the mission of the NRD.

• The Offeror’s NRD plan to ensure that organizations listed in the NRD are non-profit, do not have significant or numerous complaints against them, and that the hyperlinks still work.

Information Technology

• The Offeror’s Information Technology plan to conduct IV&V of programs in its Full Operation Capability configuration including service level interfaces, support resources, and reporting features.

• The Offeror’s Information Technology plan to conduct Government Acceptance Testing (GAT) when enhancements to existing or future software programs for the Recovery Care Program are needed, to include, but not limited to the National Resource Directory.

(ii) Transition Plan (Incoming). The Transition-in Plan (Incoming) shall include, but is not limited to:

• Demonstration of a reasonable and realistic approach for assuming full contractual responsibility without disruption or degradation of performance during the transition in period including how the contractor plans to staff all positions within the 30 day transition in period,

• Explanation how the offeror intends to plan for efficient collaboration, coordination and communications, and show the offeror’s ability to lower and mitigate risks to minimize disruption of the Recovery Care Program,

• Approach to ensuring that DHA’s Information Assurance (IA) requirements are met during the transition period.

• Understanding of the key challenges,

• Planned approach for transitioning from the incumbent contractor to the new contractor; including knowledge, transfer or business and/or technical documentation, Government Furnished Information, government keys, ID/access cards, security codes, hardware warranties, software licenses, processes, content, etc.

• Government-approved training and certification process,

• Orientation phase and program to introduce Government personnel, programs, and users to the

Contractor’s team, tools, methodologies, and business processes,

• Applicable DHA briefings and personnel in-processing procedures,

• Coordinate with the Government to account for government keys, ID/access cards, and security codes.

• Illustrate how the transition will progress from phase to phase, identify exit criteria for each phase, key decision points and milestones, and

• Include a high-level project plan in Gantt chart form, for the proposed project, depicting your implementation approach, including: schedule, work streams, activities, duration, milestones and dependencies.

(iii) Key Personnel.

Key Personnel Resumes. The offeror shall include resumes of all Key Personnel included in PWS Section 1.12.

There are 12 positions that are designated as Key Personnel. Key Personnel Resumes shall not exceed 3 pages each.

Resumes shall include a list of relevant training, degree, education, certifications, technical experience, years of experience, and specific task related experience and abilities cited in the Solicitation for each Key Personnel position.

Key Personnel minimum requirements are described in RFP Attachment 9. Every bullet point and minimum requirement for each Key Personnel position must be addressed in each resume submitted. Evaluators will not assume that a Key Person has the necessary minimum standards required. Therefore, each minimum standard must be clearly explained and accounted for in the Key Personnel Resumes. Job titles for Key Personnel identified in the successful offer will be incorporated into the award document and those positions will be subject to limitations on reassignment of Key Personnel.

Key Personnel Letters of Intent. Key Personnel Letters of Intent shall not exceed 1 page each. The offer shall include letters of intent for those Key Personnel who are not current employees of the prime offeror. Letters of Intent are not required for employees of the prime offeror. Letters of intent are required if the Key Person is an employee of a proposed sub-contractor, teaming partner, or outside entity of the prime.

(2) Volume 2, Past Performance Instructions. This volume shall not include information related to the proposed price. The Past Performance volume page limit is 30 pages. The volume shall include the following information:

(i) References. The Offeror shall submit no more than five (5) past performance references. The past performance references submitted may be those of the Offeror, a combination of references of the Offeror and the Offeror’s proposed subcontractors and/or teaming partners. At least one of the five references must be from the prime offeror.

If the prime offeror cannot submit at least one reference a detailed explanation must be provided as to why the offeror cannot submit the reference. The work covered by any past performance reference may have been with Federal, State, City agencies and/or commercial customers.

***Each Reference (and associated submitted Past Performance Questionnaire) may only cite one (1) contract number. If the contract is an IDIQ contract or a Blanket Purchase Agreement, only one (1) delivery/task order or call order (under BPA) may be cited. A reference is defined as 1 contract or order; not a long term contract (i.e. 5 years) and various follow on contracts, i.e. bridge contracts. If a single reference (and associated PPQ) provides more than (1) one contract number or more than (1) one associated order, that entire reference will not be provided to the evaluation team, will not be evaluated, and the offeror’s past performance rating may be negatively impacted.***

(ii) Past Performance Definitions: Relevant is defined as work similar in size, scope, and complexity of the work described in the Performance Work Statement and which demonstrates the Offeror’s ability to perform the effort proposed. Recent is defined as contracts/orders where the Offeror performed on a contractual effort within the past 3 years from release of this solicitation.

(iii) Reference Content: It is the Offeror’s responsibility to provide valid, current and verifiable information. Each submission of Past Performance Information should include the following:

• Project title.

• Description of the project.

• Cage Code under which work was completed

• Name of Prime/Subcontractor/or teaming partner that performed work

• Government Agency or Organization name that contracted for the performance.

• COR’s name, address, and phone number (Person responsible for acceptance and verifying compliance).

• Contracting Officer’s name, address, and phone number.

• Contract Number and, if applicable, Task/Deliver/Call Order Number

• Current status, e.g. completed and/or if in progress, work start and estimated completion dates.

• Dollar value and type of contract. Dollar value should be based on the base plus 4 option period awarded for entire period of performance.

• PWS paragraphs that the reference applies to.

• Key personnel, if applicable (highlight those individuals who worked on the relevant project(s) and are also being proposed for this effort.)

• A narrative of why you deem the reference relevant to this effort.

• For each past performance record submitted, the Offeror should fill out the Past Performance Questionnaire

(Attachment #16, titled “Past Performance Questionnaire for Solicitation HT0011-20-R-0023, RCP”) from the beginning of the questionnaire and complete through Part 1 only. The Offeror must transmit the questionnaire to their reference (person responsible for acceptance and can verify compliance), for completion by the reference, of Part 2 of the questionnaire. The REFERENCE must then submit each questionnaire via email, directly to the government POC listed in the Past Performance Questionnaire. A Past Performance Questionnaire submitted directly by the Offeror to the Government POC or reference information provided by or for POCs who work directly for your company, or indirectly (i.e. in a prime or subcontractor relationship), will NOT be considered relevant. All Past Performance Questionnaires (PPQ) are due to the DHA POC listed on the PPQ Attachment, by the offer due date and close time, listed in block 8 of page 1 of the solicitation or of the most recent amendment, if amended. It is the offeror’s responsibility to ensure PPQs are received by the Government.

(iv) Subcontractor Past Performance Consent Forms are required to be included in the Past Performance Volume.

Past performance information concerning subcontractors and teaming partners cannot be disclosed to a private party without the subcontractor’s or teaming partner’s consent. Because a prime contractor is a private party, the Government will need that consent before disclosing subcontractor/teaming partner past and present performance information to the prime during exchanges. In an effort to assist the Government in assessing your past performance relevancy, a consent form must be completed by the subcontractors/teaming partners identified in your proposal.

The completed consent forms should be submitted by the offering contractor in the past performance volume. The Solicitation Attachment 19 - Sample Consent Letter shall be used by all offerors.

(v) Past Performance Information From Other Sources: The Government may also seek and consider past performance information obtained through other sources.

(3) Volume 3, Price Instructions. The Price Volume has no page limit and may contain any information the Offeror deems relevant to the proposed pricing. The Government intends to award a Firm Fixed Price contract. The Government will not evaluate any offers that contain Other Direct Costs. There will be only firm fixed priced travel on this contract. Travel CLINS proposed must use the Plug In Value of $1,600,313.00 for the Base Period and 4 Option Periods. The Plug In Value of $800,156.50 must be used for the 6 month 52.217-8 period. There will be no Other Direct Costs (ODCs) CLIN provided on this contract. Therefore, offerors should ensure that the Firm Fixed Price CLIN prices are all inclusive of the offeror’s approach to fulfill the entire Performance Work Statement. The offeror is expected to price all of the work required by the Performance Work Statement under the Firm Fixed Price CLINs. The offeror’s prices shall NOT include any assumptions that change the terms or provisions of this solicitation. The priced offer must include a detailed basis of estimate for the offered prices. The Government reserves the right to not accept deviations, exceptions, or conditional assumptions taken to the requirements of the solicitation. Note that any deviations, exceptions, or conditional assumptions taken to the requirements of the solicitation will make your offer unawardable. Based on the availability of funds at time of award, the Government reserves the right to decrease the duration of the period of performance for the Base Period and any other Option Period before awarding a contract. CLINs 0008, 1008, 2008, 3008, and 4008 have been Reserved in Solicitation Amendment 0002. Offerors shall price these CLINS using $0.00 in the Pricing Sheet and anywhere in the Price Volume the Offeror intends to propose a price for these CLINS.

(i) Pricing Sheet. The offer shall include a completed pricing sheet in accordance with Attachment 15 – “Pricing Sheet” in a Microsoft Excel format. The offeror shall fill out all tabs (CLINS TOTAL, CLIN BREAKDOWN), within the pricing sheet and ensure mathematical computations are correct and proposed prices shown are consistent throughout each tab extended out two decimal places. Every cell in the CLIN BREAKDOWN Tab shall have an input and be filled out in its entirety; as the Government also uses this sheet to check for subcontracting entities that are similarly situated and for compliance with FAR clause 52.219-14. Offerors shall offer a fully loaded labor rate for each labor category being offered. Offerors shall propose on all contract line items. A line item price left blank will be considered nonresponsive to this request and the offer may not be considered for award. Offers shall remain valid for a minimum of 180 days from the date of submission. All formulas must be shown (unlocked and editable). Offeror’s pricing for FAR 52.217-8 option to extend services, shall equal one-half of the Offeror’s 4th option period prices. The Travel Plug In Value of $800,156.50 must be used for the 6 month 52.217-8 period.

Offerors shall price CLINS 0008, 1008, 2008, 3008, and 4008 using $0.00.

(ii) Estimated Level of Effort. The Government estimates that this acquisition will require an approximate level of effort, as outlined under Solicitation Attachment 10 – Estimated Workload Data and Attachment 7 – Estimated Workload Data for (Optional) MASP Training Camps and Clinics, to accomplish all the tasks identified in the PWS. Please note that the Government estimate is only put in place for Offerors to ascertain the approximate or estimated level of effort for this requirement. However, this is not to be construed as either mandatory or necessarily the best technical approach. It is only in place as a reference to allow offerors to better understand the general scope of this effort from the Government’s perspective. The Government is seeking the best level of effort and labor mix your company has determined is right to accomplish the mission contained in this PWS. You are not bound to offer these labor categories or quantities, rather you are expected to provide your best solution citing the labor mix and quantity required to accomplish the tasks. You are strongly encouraged and expected to submit a level of effort consistent with all of the price and non-price aspects of your approach.

(4) Volume 4 – Organizational Conflict of Interest (OCI) Instructions. The OCI Volume 4 has no page limit. The OCI Volume 4 should include an OCI mitigation plan (even if the offeror has never performed on contracts at DHA or TRICARE Management Activity) and list of contracts/task orders (see Solicitation Attachment #17 –OCI Contract List Template) which disclose all past (preceding five (5) years) and present contracts/orders and subcontracts in support of the Defense Health Agency (DHA) to include those with former TRICARE Management Activity (TMA), held by the Offeror. The Offeror shall submit one list containing all of the contracts and additional information found on Attachment #17 for their own contracts and those of their proposed subcontractors and/or Teaming Partners. The Agency will not accept separate Attachment #17 submissions from proposed subcontractors and/or Teaming Partners. Failure to follow these Instructions will result in the proposal being found noncompliant, the proposal will not be forwarded for evaluation, and the Offeror will be ineligible for award. If the offeror and its proposed subcontractors and/or Teaming Partners do not have past (preceding five (5) years) and present contracts/orders and subcontracts in support of the Defense Health Agency (DHA) to include those with former TRICARE Management Activity (TMA), then the Offeror must specifically state that within their Volume 4 OCI submission. If the Agency determines that the Offeror or one of its proposed subcontractors and/or Teaming Partners have held a contract within the preceding five years and/or currently holds a contract then the proposal will be found noncompliant, the proposal will not be forwarded for evaluation and the Offeror will be ineligible for award. Offerors are further reminded that the OCI Volume 4 should include an OCI mitigation plan (even if the offeror has never performed on contracts at DHA or TRICARE Management Activity) and list of contracts/task orders (see Attachment #17 –OCI Contract List Template) which disclose all past (preceding five (5) years) and present contracts/orders and subcontracts in support of the Defense Health Agency (DHA) to include those with former TRICARE Management Activity (TMA). Failure to follow these instructions will result in the proposal being found noncompliant, the proposal will not be forwarded for evaluation, and the Offeror will be ineligible for award. See DHA Organizational Conflicts of Interest provisions and clauses in this solicitation for more information on OCI submission and what needs to be included.

ATTENTION: All offerors must comply with the OCI instruction, by providing a plan for future OCI mitigation and a different OCI mitigation plan .if there is an existing OCI. If an offer does not include the required plan(s), the Government reserves the right to remove it from consideration for non-compliance with the solicitation instructions. Even if an offeror or its proposed subcontractors have never performed work for DHA, every offeror is required to submit an OCI Mitigation Plan.

(n) Non-Government Advisors. Contract support personnel from Amyx will be providing administrative support to the solicitation and contract administration support functions related to this contract effort. Contractor personnel (current and future) have/will have executed Non-Disclosure Agreements and their contracts include clauses prohibiting Organizational Conflicts of Interest and requiring screening for personal conflicts of interest.

(o)The non-FAR Part 12 discretionary FAR and DFARS provisions included herein are incorporated into this solicitation either by reference or in full text. If incorporated by reference, see provision 52.252-1 for locations where full text can be obtained.

(p) Reference DHA PD 03-03 IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF

INTEREST (AUGUST 21, 2014)

1. The Offeror’s attention is directed to FAR, Part 3 and DFARS, Part 203, “Improper Business Practices and Personal Consultant Conflicts of Interest.”

2. 252.203-7005 Representation Relating to Compensation of Former DoD Officials (Nov 2011)

(a) Definition. “Covered DoD official” is defined in the clause at 252.203-7000, Requirements Relating to Compensation of Former DoD Officials.

(b) By submission of this offer, the offeror represents, to the best of its knowledge and belief, that all covered DoD officials employed by or otherwise receiving compensation from the offeror, and who are expected to undertake activities on behalf of the offeror for any resulting contract, are presently in compliance with all post-employment restrictions covered by 18 U.S.C. 207, 41 U.S.C. 2101-2107, and 5 CFR parts 2637 and 2641, including Federal Acquisition Regulation 3.104-2.

3. Use of Former DoD/Defense Health Agency (DHA) Employees and Uniformed Service Members in Proposal Preparation.

The involvement of a former DoD/DHA employee/member in an offeror’s proposal preparation may give rise to an unfair competitive advantage or the appearance thereof, if the former DoD/DHA employee/ member acquired non-public, competitively-useful information in his or her former position. Such knowledge could include proprietary information of competitor’s performance on past or current contracts with similar requirements or source selection sensitive information pertaining to this procurement. Consequently, the Offeror must notify the Contracting Officer prior to the involvement in the proposal preparation by a former DoD/DHA employee/member reasonably expected to have had access to such information. Based on the notification, the Contracting Officer will make a determination whether involvement of the former DoD/DHA employee/member in proposal preparation could create an unfair competitive advantage or appearance thereof. The Contracting Officer will further determine whether any mitigation measures taken or proposed by the offeror are adequate to alleviate this concern or whether the offeror will be disqualified from the competition. Failure to comply with these procedures may result in the offeror’s disqualification for award.

(q.) ORGANIZATIONAL CONFLICTS OF INTEREST

a. Definitions

The term organizational conflict of interest (OCI), as used in this provision, carries the meaning set forth in FAR Part 2.

As used in this provision, the term Offeror encompasses the Offeror itself, its subsidiaries, affiliates (as defined in FAR 2.101), partners, subcontractors, team members, marketing consultants (as defined by FAR subpart 9.501), and any of its successors or assignees.

b. Types of OCIs.

(A) Biased Ground Rules – Consists of situations in which an Offeror, as part of its performance of a Government contract, helped (or is in a position to help) set the ground rules for another Government acquisition by, for example, writing the statement of work or the specifications, or establishing source-selection criteria. In the “biased ground rules” cases, the primary concern is that the Offeror may have (or could), whether intentionally or not, establish ground rules that will give it an advantage in competing for that acquisition.

(B) Impaired Objectivity – Consists of situations where an Offeror has an interest (typically financial) that may conflict with the interests of the Government to whom the Offeror has (or will have) a contractual obligation, and the Offeror’s work under the Government contract could give it the opportunity to benefit its other business interests. If the Offeror is providing recommendations, judgment, or advice, and its other business interests could be affected by that recommendation, judgment or advice, the Offeror’s objectivity may be impaired. An example is where the Offeror will be evaluating its own work or the work of a competitor (or potential competitor), either through an assessment of performance under another contract or an evaluation of proposals.

(C) Unequal Access to Information - Consists of situations in which an Offeror has access to nonpublic information (including proprietary information and nonpublic source-selection information) as part of its performance of a Government contract and that information may provide the Offeror with an advantage in competing for some future Government contract. In these “unequal access to information” cases, the concern is limited to the risk of the firm gaining an unfair competitive advantage; there is no issue of bias. Note: Incumbency status alone does not confer an Offeror with an unfair competitive advantage.

(c) Means of addressing and resolving OCIs include, but are not limited to, the following:

(A) Avoidance – Government action taken in one acquisition that is intended to prevent an OCI from arising in that acquisition or in a future acquisition.

(B) Mitigation – Contractor action taken on an existing contract to reduce the risk (to a level acceptable to the Contracting Officer) that an OCI will arise on that contract or on a future contract.

(C) Neutralization – Government action taken on an existing contract to restrict the contractor from performing, whether as a prime contractor or as a subcontractor, on future related contracts. This method current, as the protects the Government’s interests in cases where there is a risk that the contractor’s work on the contract could be biased or impaired by virtue of its expectation of future work or when the Contractor a result of performing the existing contract, would have an unfair advantage in competing for award of future work.

(d). Notice.

(A) The Contracting Officer has determined that the nature of the work to be performed in the contract resulting from this solicitation is such that it may give rise to OCIs for the contractor performing the work (see FAR Subpart 9.5, Organizational and Consultant Conflicts of Interest) – either during the performance of the resulting contract or in performing future Government contracts.

(B) Description of the OCI. The nature of the OCI(s) is as follows: NONE IDENTIFIED AT TIME OF

SOLICITATION

(C) Limitation of Future Contracting. NONE IDENTIFIED AT TIME OF SOLICITATION

(D) Information regarding presently existing OCIs.

(1) The following contractors participated in preparing the statement of work or other requirements documents or cost and budget estimates or otherwise had preliminary access to information that would give them an unfair advantage in competing for the contract resulting from this solicitation (and can’t provide an offer as a prime or subcontractor for this effort):

Amyx

(2) The Offeror shall provide a statement with its offer which describes, in a concise manner, all relevant facts concerning any past (preceding five (5) years), present, or currently planned interests (e.g., other contracts – government or commercial, business interests, organizational arrangements, or otherwise) that may create (or appear to create) an OCI relating to the work described in this solicitation. The Offeror’s statement should:

(3) Address whether, in its performance of any current or expired government contract (whether as a prime contractor or subcontractor), the Offeror assisted in setting the ground rules for this acquisition or had access to competitively useful information pertinent to this acquisition – such as budget or funding data, the government cost estimate, the acquisition or source selection plan, or the like.

(4) Address whether performing the work described in this solicitation could create conflicts for the Offeror any conflicts relating to work it already is performing under any other government contract or could give the Offeror an opportunity to benefit any of its other business interests.

(5) Discuss what structures it already has established and/or actions it already has taken to address any OCIs that would otherwise exist if the government awarded it the contract resulting from this solicitation. (See paragraph (e) below regarding the separate requirement for Offerors to submit an OCI mitigation plan.)

(6) Disclose all past (preceding five (5) years) and present contracts/orders and subcontracts in support of the Defense Health Agency (DHA), to include those with the former TRICARE Management Activity, held by the Offeror (see definition of Offeror in paragraph (a) using the table below. This table has been provided in an Excel spreadsheet external to the solicitation – Attachment #17 – OCI Contract List Template:

Contract Name of Contract role: Period of Total Description Is there an Applicable name Customer Prime Performance Contract Value of Contract OCI OCI and With Contractor, Requirement associated Category:

Number. Which Subcontractor, with this Biased you are or other contract? Ground Under “Yes” or Rules, Contract “No” Impaired

Objectivity, or Unequal Access

(7) Based on the information provided and any other information solicited or obtained by or provided to the Contracting Officer, the Contracting Officer will assess whether a significant OCI exists for the Offeror. The Contracting Officer will not award a contract until the Agency has determined that all identified significant OCIs are reasonably addressed or resolved. The Contracting Officer has the sole authority to determine whether a significant OCI exists and to determine whether the OCI has been reasonably addressed or resolved. The Contracting Officer may ultimately determine that an OCI exists which warrants disqualifying an Offeror from award of the contract.

(8) If the successful Offeror was aware, or should have been aware, of an OCI before award of this contract, and the Offeror either misrepresented or failed to fully disclose to the Contracting Officer the facts associated with the OCI, the Government may terminate the resulting contract for default.

(d) Representation. By submission of its offer, the Offeror represents, to the best of its knowledge and belief, that it has disclosed all relevant information regarding any OCIs associated with the work to be performed under the contract resulting from this solicitation.

(e) Mitigation Plans.

(1) The Offeror shall submit an OCI mitigation plan (even if the offeror has never performed on contracts at DHA or TMA) and list of contracts/orders WITH ITS PROPOSAL that explains the actions it intends to take or techniques it intends to employ in order to mitigate any OCIs that may arise during performance of the resulting contract or in connection with future government contracts. Mitigation techniques employed by an Offeror may include (but are not limited to) establishing information firewalls, providing OCI training to employees, restricting personnel re-assignments, or subcontracting work to non-conflicted vendors. The mitigation plan shall include at a minimum the following:

a. Declaration as to whether the plan is an initial submission with its proposal, or a post- award revision

b. Description/Nature of the conflict or potential conflict

c. Rational for its identification

d. Mitigation Strategy for addressing or resolving the conflict

e. Time frame for resolving

f. Plans for monitoring

g. Plan for how the offeror intends to mitigate any future OCIs

(2) If the Contracting Officer has not included a Limitation of Future Contracting clause in the solicitation, the Offeror may request inclusion of such a clause in its proposal if it believes a limitation on future contracting is necessary to properly address any potential future OCI.

(3) If an Offeror’s proposed action to mitigate an OCI is not acceptable, the Contracting Officer will notify the Offeror and explain why its proposed resolution is not considered acceptable and will then allow the Offeror a reasonable opportunity to respond before making a final decision regarding the acceptability of the mitigation plan. The Contracting Officer will not award a contract until the Agency determines that the Offeror’s mitigation plan effectively addresses all OCIs. The Government may communicate with an Offeror at any time during the evaluation process concerning its OCI mitigation plan.

(4) An Offeror’s failure to submit a mitigation plan and list of contracts/orders at the time described in paragraph (e)(1) above may result in the Offeror being eliminated from the competition. It is up to the Contracting Officer’s discretion to remove an offeror from the competition for failure to submit a mitigation plan or list of contracts/orders with it’s proposal.

(5) If the successful Offeror was aware, or should have been aware, of an OCI before award of this contract, and the Offeror either misrepresented or failed to fully disclose to the Contracting Officer the facts associated with the OCI, the Government may terminate the resulting contract for default.

(End of Addendum to 52.212-1)

(End of Summary of Changes)