N62645-13-R-0024_Amendment_0001.docx

N62645-13-R-0024

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been added by full text:

ANSWERS TO OFFERORS QUESTIONS

1. In accordance with Solicitation Number N62645-13-R-0024, page 11 of 143, paragraph C.3.2.3; the Contractor is responsible for replacing a HCW who, for any reason, misses more than 2 hours of a shift…Approximately all of the lot SOWs indicate privileging only one HCW for each position. Can you please explain how this can be accomplished if no additional privileging is allowed?

Paragraph C.3.2.3. refers to replacement coverage for individuals filling coverage positions. Each statement of work will specify whether the position is coverage or leave accrual. All the lot statements of work, included in Solicitation N62645-13-R-0024, are leave accrual positions; thus, paragraph C.3.2.3. does not apply to the lots.

2. In accordance with Solicitation Number N62645-13-R-0024, page 18 of 143, paragraph C.8.2.1; the personnel must possess a Doctorate Degree in Medicine from an accredited college approved by the Liaison Committee on Medical Education and Hospitals of the American Medical Association, a Doctorate degree in Osteopathy from a college accredited by the American Osteopathic Association, or permanent certification by the Educational Commission for Foreign Medical Graduates (ECFMG)…

Can you please clarify if our key personnel should possess a MD or Ph.D.?

Per paragraph C.8.2.1., physicians must possess either 1) a Doctorate Degree in Medicine, 2) a Doctorate degree in Osteopathy or 3) permanent certification by the ECFMG

3. Are there any incumbents for this opportunity? If so, who are they?

Refer to Question 4 below.

4. Can you tell me if these services are currently (or previously) being performed by a contractor? If so, could you please provide the Incumbent name as well as the contract number?

N62645-08-D-5008 – TCMP Staffing Services, LLC N62645-08-D-5009 – Chesapeake Education Services, LLC N62645-08-D-5010 – CasePro, Inc.

N62645-08-D-5011 – Magnificus Corporation N62645-08-D-5012 – Professional Performance Development Group, Inc.

N62645-08-D-5013 – Kuhana-Spectrum Joint Venture, LLC N62645-08-D-5014 – Absolute Arora Joint Venture, LLC N62645-09-D-5019 – CasePro, Inc.

N62645-09-D-5020 – Professional Performance Development Group, Inc.

N62645-09-D-5021 – Chesapeake Educational Services, LLC N62645-09-D-5022 – InGenesis Arora

5. If this is a new requirement, is there an estimated dollar value, or NTE value associated with this requirement?

Indefinite Delivery Indefinite Quantity (IDIQ)/ Multiple Award Task Orders (MATO) type contracts will be awarded. Negotiated task orders will be awarded under a firm-fixed-price basis. The quantities shall not exceed the maximum quantities outlined in Section B. A total contract value cannot be determined at this time.

6. Is this related to contract numbers N62645-12-D-5016 through 5020?

Yes, refer to Question 4 above.

7. This solicitation covers at least 9 healthcare facilities and 19 states. Anticipating that the Government will indicate that market research should discuss all areas in the solicitation, kindly expand the page limit to a maximum of 15 pages. It is very challenging to show the Government that we understand the marketplace when all the information needs to be covered in a paragraph, in order to meet the page limit guidelines and answer all of the other requirements.

The Government’s determination to limit Volume II (Technical) to 10 pages remains unchanged.

8. Who are the contractors providing services on the current contract?

Refer to Question 4 above.

9. Page 26 of RFP (a) If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall, in place of actual damages, pay to the Government liquidated damages: Did the government charge or could have charged liquidated damages for the current contract?

Yes, liquidated damages could have been charged under the current/previous contracts; however, the amount of liquidated damages assessed under other MATO contracts may not be an accurate reflection of how a different company will perform in the marketplace over the next several years.

10. Which HCW position(s) under the current contract were assessed or could have been assessed liquidated damages?

HCW positions falling under the Physician or Allied Health labor bands could have been assessed liquidated damages; however, the amount of liquidated damages assessed under other MATO contracts may not be an accurate reflection of how a different company will perform in the marketplace over the next several years.

11. What was the total dollar amount of liquidated damages assessed or could have been assessed for each HCW position?

The total amount of liquidated damages will not exceed $20,000 per SLIN, per Task Order. The amount of liquidated damages assessed under other MATO contracts may not be an accurate reflection of how a different company will perform in the marketplace over the next several years.

12. Page 27 of RFP (c) The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the control and without the fault or negligence of the Contractor as defined in the Default--Fixed-Price Supply and Service clause in this contract. Does this include credentialing time for replacements and initial Placements? This time can be as much as 60 days.

As stated in FAR 52.211-11, refer to FAR 52.249-8 Default (Fixed-Price Supply and Service), which is referenced in the solicitation and can be found in full text under the website provided in clause 52.252-2.

13. At what point during the credentialing process does liquidated damages become an issue for the contractor for initial placements or replacement workers?

Refer to Question 12 above.

14. Is there a time frame for replacement of workers? Or will liquidated damages be assessed upon the first day following the resignation or termination of a worker until the new worker starts?

Per C.3.2.1. of the solicitation, “The Contractor shall have sufficient qualified reserve personnel so that all services are provided in the event a HCW scheduled to work becomes ill, resigns, is terminated, or is otherwise unavailable to work. Contract requirements are not mitigated by inclement weather.”

Refer to FAR 52.211-11 Liquidated Damages—Supplies, Services or Research and Development, which is referenced in the solicitation.

15. If there are incumbents, could you please provide the contractor names and contract numbers?

Refer to Question 4 above.

16. The solicitation states that the ordering period is from July 1, 2014 through September 30, 2017. The Synopsis stated that the PoP would be NTE 51 months, which would put the PoP end date September 30, 2018. Which is the correct date?

Per Section F of the solicitation, the contract awarded as a result of this solicitation will have an ordering period starting on 01 July 2014. The contract ordering period shall not exceed 39 months.

17. Can you provide the incumbent contract numbers for this opportunity?

Refer to Question 4 above.

18. I was reviewing the subject solicitation and was not clear if it was service disabled veteran owned set aside. If you would please advise at your earliest convenience, I would greatly appreciate it.

Per paragraph K.1. of the solicitation, “In accordance with FAR 52.204-8, the offeror must complete the Online Representations and Certifications Application (ORCA) to include representation as a Service Disabled Veteran Owned Small Business concern under the North American Industry Classification System (NAICS) code applicable to this solicitation (621111). (Please note that the Online Representations and Certifications Application (ORCA) has been replaced with the System for Award Management (SAM) https://www.sam.gov/portal/public/SAM/).”

19. Reference FAR Clause 52.211-11, Liquidated Damages used for Naval Medical Center Portsmouth and associated branch clinics. Marginal or unsatisfactory past performance reports significantly limit contractors from getting new contract awards. This provides more than sufficient incentive for contractors to meet or exceed contract requirements. Requiring liquidated damages does little to influence contractors to meet requirements beyond what contractors would do to achieve satisfactory or better past performance reports. A liquidated damages clause increases risk to contractors, and higher risk requires higher pricing. The government will likely pay higher contract rates without any probability of improved performance. This solicitation is set-aside for Service-Disabled Veteran-Owned Small Business (SDVOSB). It doesn’t appear to be in the best interest of the Government to support SDVOSB with set-aside solicitations and then embed a liquidated damages clause that has not been used in prior Navy MATO small-business set-asides. Many SDVOSBs may view this clause as a poison pill. Will the Government consider eliminating this clause from the solicitation?

The Government’s determination to include FAR Clause 52.211-11, Liquidated Damages in Solicitation N62645-13-R-0024 remains unchanged.

20. Please clarify the work locations…Page 7, Section C.1 of the SOW states the following locations:

· Naval Medical Center Portsmouth, VA

· Naval Health Clinic Annapolis, MD

· Naval Health Clinic Patuxent River, MD

· Naval Health Clinic Quantico, VA

· Naval Health Clinic Newport, RI

· Naval Health Clinic Great Lakes, IL

· Naval Branch Health Clinic Groton, CT

· Naval Branch Health Clinic Portsmouth, NH

· Naval Branch Health Clinic Saratoga Springs, NY

· and any associated branch clinics in the Northeast Region of the United States

Physician and Allied Health services may be required in the Northeastern Region of the United States to include the locations specified above and in Section C.1. of the SOW.

21. The pricing worksheet LOTS A-G only lists the Naval Medical Center, Portsmouth, VA for each CLIN. Are any of these positions for any of the above locations? If so, please provide corrected pricing worksheet to reflect the location for each CLIN in each LOT.

Initial lots are for services at NMC Portsmouth, VA. Future task orders may be for services at any of the locations specified in Section C.1. of the SOW.

22. In Attachment AE, you provide the Current Contract Prices for each position with all locations listed as Portsmouth, VA. There are four Clinical Psychologists listed, each with a different price; and 2 Psychiatrists listed, with the same price each. Are these prices all for Portsmouth, VA? If so, do you know why the price differences for the same CLIN for Clinical Psychologists?

Yes, the hourly rates listed in Attachment AE are for services being performed at NMC Portsmouth, VA. Each task order is awarded on a Firm Fixed Price basis at a negotiated rate at the time the services are procured.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

The following have been added by full text:

SUP 5252.204-9400 Contractor Unclassified Access to Federally Controlled Facilities, Sensitive Information, Information Technology (IT) Systems or Protected Health Information (July 2013)

Homeland Security Presidential Directive (HSPD)-12, requires government agencies to develop and implement Federal security standards for Federal employees and contractors. The Deputy Secretary of Defense Directive-Type Memorandum (DTM) 08-006 - "DoD Implementation of Homeland Security Presidential Directive - 12 (HSPD-12)" dated November 26, 2008 (or its subsequent DoD instruction) directs implementation of HSPD-12. This clause is in accordance with HSPD-12 and its implementing directives.

APPLICABILITY

This clause applies to contractor employees requiring physical access to any area of a federally controlled base, facility or activity and/or requiring access to a DoN or DoD computer/network/system to perform certain unclassified sensitive duties. This clause also applies to contractor employees who access Privacy Act and Protected Health Information, provide support associated with fiduciary duties, or perform duties that have been identified by DON as National Security Position, as advised by the command security manager. It is the responsibility of the responsible security officer of the command/facility where the work is performed to ensure compliance.

Each contractor employee providing services at a Navy Command under this contract is required to obtain a Department of Defense Common Access Card (DoD CAC). Additionally, depending on the level of computer/network access, the contract employee will require a successful investigation as detailed below.

ACCESS TO FEDERAL FACILITIES

Per HSPD-12 and implementing guidance, all contractor employees working at a federally controlled base, facility or activity under this clause will require a DoD CAC. When access to a base, facility or activity is required contractor employees shall in-process with the Navy Command's Security Manager upon arrival to the Navy Command and shall out-process prior to their departure at the completion of the individual's performance under the contract.

ACCESS TO DOD IT SYSTEMS

In accordance with SECNAV M-5510.30, contractor employees who require access to DoN or DoD networks are categorized as IT-I, IT-II, or IT-III. The IT-II level, defined in detail in SECNAV M-5510.30, includes positions which require access to information protected under the Privacy Act, to include Protected Health Information (PHI). All contractor employees under this contract who require access to Privacy Act protected information are therefore categorized no lower than IT-II. IT Levels are determined by the requiring activity's Command Information Assurance Manager. Contractor employees requiring privileged or IT-I level access, (when specified by the terms of the contract) require a Single Scope Background Investigation (SSBI) which is a higher level investigation than the National Agency Check with Law and Credit (NACLC) described below. Due to the privileged system access, a SSBI suitable for High Risk public trusts positions is required. Individuals who have access to system control, monitoring, or administration functions (e.g. system administrator, database administrator) require training and certification to Information Assurance Technical Level 1, and must be trained and certified on the Operating System or Computing Environment they are required to maintain.

Access to sensitive IT systems is contingent upon a favorably adjudicated background investigation. When access to IT systems is required for performance of the contractor employee's duties, such employees shall in-process with the Navy Command's Security Manager and Information Assurance Manager upon arrival to the Navy command and shall out-process prior to their departure at the completion of the individual's performance under the contract. Completion and approval of a System Authorization Access Request Navy (SAAR-N) form is required for all individuals accessing Navy Information Technology resources. The decision to authorize access to a government IT system/network is inherently governmental. The contractor supervisor is not authorized to sign the SAAR-Ni therefore, the government employee with knowledge of the system/network access required or the COR shall sign the SAAR-N as the "supervisor".

The SAAR-N shall be forwarded to the Navy Command's Security Manager at least 30 days prior to the individual's start date. Failure to provide the required documentation at least 30 days prior to the individual's start date may result in delaying the individual's start date.

When required to maintain access to required IT systems or networks, the contractor shall ensure that all employees requiring access complete annual Information Assurance (IA) training, and maintain a current requisite background investigation. The Contractor's Security Representative shall contact the Command Security Manager for guidance when reinvestigations are required.

INTERIM ACCESS

The Navy Command' s Security Manager may authorize issuance of a DoD CAC and interim access to a DoN or DoD unclassified computer/network upon a favorable review of the investigative questionnaire and advance favorable fingerprint results. When the results of the investigation are received and a favorable determination is not made, the contractor employee working on the contract under interim access will be denied access to the computer network and this denial will not relieve the contractor of his/her responsibility to perform.

DENIAL OR TERMINATION OF ACCESS

The potential consequences of any requirement under this clause including denial or termination of physical or system access in no way relieves the contractor from the requirement to execute performance under the contract within the timeframes specified in the contract. Contractors shall plan ahead in processing their employees and subcontractor employees. The contractor shall insert this clause in all subcontracts when the subcontractor is permitted to have unclassified access to a federally controlled facility, federally-controlled information system/network and/or to government information, meaning information not authorized for public release.

CONTRACTOR'S SECURITY REPRESENTATIVE

The contractor shall designate an employee to serve as the Contractor's Security Representative. Within three work days after contract award, the contractor shall provide to the requiring activity's Security Manager and the Contracting Officer, in writing, the name, title, address and phone number for the Contractor's Security Representative. The Contractor's Security Representative shall be the primary point of contact on any security matter. The Contractor's Security Representative shall not be replaced or removed without prior notice to the Contracting Officer and Command Security Manager.

BACKGROUND INVESTIGATION REQUIREMENTS AND SECURITY APPROVAL PROCESS FOR CONTRACTORS ASSIGNED TO NATIONAL SECURITY POSITIONS OR PERFORMING SENSITIVE DUTIES Navy security policy requires that all positions be given a sensitivity value based on level of risk factors to ensure appropriate protective measures are applied. Navy recognizes contractor employees under this contract as Non-Critical Sensitive [ADP/IT-II] when the contract scope of work require physical access to a federally controlled base, facility or activity and/or requiring access to a DoD computer/network, to perform unclassified sensitive duties. This designation is also applied to contractor employees who access Privacy Act and Protected Health Information (PHI), provide support associated with fiduciary duties, or perform duties that have been identified by DON as National Security Positions. At a minimum, each contractor employee must be a US citizen and have a favorably completed NACLC to obtain a favorable determination for assignment to a non-critical sensitive or IT-II position. The NACLC consists of a standard NAC and a FBI fingerprint check plus law enforcement checks and credit check. Each contractor employee filling a non-critical sensitive or IT-II position is required to complete:

• SF-86 Questionnaire for National Security Positions (or equivalent OPM investigative product)

• Two FD-258 Applicant Fingerprint Cards (or an electronic fingerprint submission)

• Original Signed Release Statements

Failure to provide the required documentation at least 30 days prior to the individual's start date shall result in delaying the individual's start date. Background investigations shall be reinitiated as required to ensure investigations remain current (not older than 10 years) throughout the contract performance period. The Contractor's Security Representative shall contact the Command Security Manager for guidance when reinvestigations are required.

Regardless of their duties or IT access requirements ALL contractor employees shall in-process with the Navy Command's Security Manager upon arrival to the Navy command and shall out process prior to their departure at the completion of the individual's performance under the contract. Employees requiring IT access shall also check-in and check-out with the Navy Command's Information Assurance Manager. Completion and approval of a System Authorization Access Request Navy (SAAR-N) form is required for all individuals accessing Navy Information Technology resources. The SAAR-N shall be forwarded to the Navy Command's Security Manager at least 30 days prior to the individual's start date. Failure to provide the required documentation at least 30 days prior to the individual's start date shall result in delaying the individual's start date.

The contractor shall ensure that each contract employee requiring access to IT systems or networks complete annual Information Assurance (IA) training, and maintain a current requisite background investigation. Contractor employees shall accurately complete the required investigative forms prior to submission to the Navy Command Security Manager. The Navy Command's Security Manager will review the submitted documentation for completeness prior to submitting it to the Office of Personnel Management (OPM). Suitability/security issues identified by the Navy may render the contractor employee ineligible for the assignment. An unfavorable determination made by the Navy is final (subject to SF-86 appeal procedures) and such a determination does not relieve the contractor from meeting any contractual obligation under the contract. The Navy Command's Security Manager will forward the required forms to OPM for processing. Once the investigation is complete, the results will be forwarded by OPM to the DON Central Adjudication Facility (CAF) for a determination.

If the contractor employee already possesses a current favorably adjudicated investigation, the contractor shall submit a Visit Authorization Request (VAR) via the Joint Personnel Adjudication System (JPAS) or a hard copy VAR directly from the contractor's Security Representative. Although the contractor will take JPAS "Owning" role over the contractor employee, the Navy Command will take JPAS "Servicing" role over the contractor employee during the hiring process and for the duration of assignment under that contract. The contractor shall include the IT Position Category per SECNAV M-5510.30 for each employee designated on a VAR. The VAR requires annual renewal for the duration of the employee's performance under the contract.

BACKGROUND INVESTIGATION REQUIREMENTS AND SECURITY APPROVAL PROCESS FOR CONTRACTORS ASSIGNED TO OR PERFORMING NON-SENSITIVE DUTIES Contractor employee whose work is unclassified and non-sensitive (e.g., performing certain duties such as lawn maintenance, vendor services, etc ...) and who require physical access to publicly accessible areas to perform those duties shall meet the following minimum requirements:

• Must be either a US citizen or a US permanent resident with a minimum of 3 years legal residency in the United States (as required by The Deputy Secretary of Defense DTM 08-006 or its subsequent DoD instruction) and

• Must have a favorably completed National Agency Check with Written Inquiries (NACI) including a FBI fingerprint check prior to installation access.

To be considered for a favorable trustworthiness determination, the Contractor's Security Representative must submit for all employees each of the following:

• SF-85 Questionnaire for Non-Sensitive Positions

• Two FD-258 Applicant Fingerprint Cards (or an electronic fingerprint submission)

• Original Signed Release Statements

The contractor shall ensure each individual employee has a current favorably completed National Agency Check with Written Inquiries (NACI) or ensure successful FBI fingerprint results have been gained and investigation has been processed with OPM.

Failure to provide the required documentation at least 30 days prior to the individual's start date may result in delaying the individual's start date.

* Consult with your Command Security Manager and Information Assurance Manager for local policy when IT-III (non-sensitive) access is required for non-US citizens outside the United States.

The following have been modified:

SECTION H

NOTE 1: Before submitting a proposal in response to the solicitation, prospective offerors are encouraged to investigate the potential tax consequences should they elect to perform on the resulting contract by using individuals who are not carried on their payrolls as employees. Under this RFP, resulting contracts or its task orders, the Navy does not dictate whether the individual health care workers would be classified by the successful offeror as an "independent contractor" or an "employee” for federal tax purposes. This determination shall be made solely by the offeror. If subsequent to award the successful offeror's determination is challenged, this shall be a matter to be resolved between the offeror and the Internal Revenue Service. The Navy will not consider favorably any request for the equitable adjustment to the contract upon the successful offeror's receipt of an adverse action by the IRS.

NOTE 2: For those offerors planning to engage in a teaming arrangement or to use subcontractors, a conflict of interest may be created if a company is identified as a prime contractor, teaming partner/subcontractor, or as a member of a Joint Venture on more than one proposal. A conflict of interest may also be created if key personnel from a prime contractor, teaming partner/subcontractor, or a Joint Venture are identified on more than one proposal. The Government's strong preference is that each company and its key personnel participate in only one proposal. If the Contracting Officer concludes during proposal evaluation that a potential conflict of interest exists the contracting officer reserves the right to require a conflict of interest mitigation plan from the prime contractors (offerors) of those proposals. If an offeror fails to submit a plan, or submits an inadequate plan, the offer may not be considered.

H.1. TASK ORDER CONTRACT.

H.1.1. The Government intends this solicitation to result in award of multiple award task order, indefinite delivery indefinite quantity (ID/IQ), contracts. Services will be procured via the award of Task Orders issued against the basic contracts. Task Orders will be awarded on a firm fixed price basis via a DD Form 1155 signed by the Contracting Officer. Task Orders will be executed in writing by the Contracting Officer and transmitted electronically via e-mail.

H.1.2. Scope of Each Task Order. The Contracting Officer may negotiate a modification with a current contractor to increase previously competed services if the additional services do not exceed the scope of the contract. To remain within scope of the task order the additional services shall not represent more than one full time equivalent position or more than 20% of the total competed labor hours on the entire task order, whichever is greater.

H.1.3. The contractor shall, when requested by the Contracting Officer, provide the pay statement(s) of an individual(s) providing services under this contract. The pay statement(s) shall not contain Personally Identifiable Information (PII). The Government reserves the right to require additional documentation.

H.1.4. The resultant contract shall be performed in accordance with detailed obligations to which the contractor committed itself to in its proposal dated (To be filled in at contract award) in response to NMLC Solicitation N62645-13-R-0024. Note that the Technical volume will be incorporated as part of any subsequent award in Section J, Attachment AI of the contract.

H.1.4.1. The contractor shall not engage a teaming partner (subcontractor, partner, mentor, protégé, parent company, sister company, etc.) that is not mentioned in their technical proposal to procure services under the resultant contract without prior written approval of the Contracting Officer. Changes regarding teaming partners or duties and roles of the teaming partners as described in the technical proposal shall not be made under the resultant contract without prior written consent of the Contracting Officer.

H.1.5. The Contractor shall furnish qualified health care workers in accordance with Section C (Statement of Work), individual Task Orders for these services, and all other terms and conditions set forth herein. Government requirements for contracted health care personnel shall be filled in response to Task Orders issued by the Government against the contract.

H.1.6. The following activity is the sole authority to issue Task Orders:

Naval Medical Logistics Command Acquisition Management Directorate, Code 02 693 Neiman Street Fort Detrick, MD 21702

H.1.7. Each Task Order will contain at a minimum the following information:

· The date of order

· Contract number and order number

· Description of services (labor category, position qualifications, place of performance, hours of operation, and quantity required)

· The unit price

· The period of performance

· Option periods may be included as appropriate.

· Accounting and appropriation data

· Payment office address

· Invoicing and acceptance instructions

· Name of the Contracting Officer’s Representative (COR)

· Any other pertinent data

H.1.8. Location of services.

H.1.8.1. Performance of various Physician services to include Physician and Allied Health labor categories at Military Treatment Facilities in the Northeastern Region of the United States to include: Naval Health Clinic Annapolis, MD; Naval Health Clinic Great Lakes, IL; Naval Health Clinic Newport, RI; Naval Health Clinic Patuxent River, MD; Naval Health Clinic Quantico, VA; Naval Medical Center Portsmouth, VA, and any associated branch clinics. Supplementation of personnel at any DoD or Coast Guard Military Treatment Facility (MTF) who have been granted authority under §10 USC 1091 and whose personnel are located within the states of Connecticut, Delaware, Illinois, Indiana, Kansas, Maine, Maryland, Massachusetts, Missouri, New Hampshire, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, Virginia, West Virginia, and District of Columbia shall be considered within the scope of the solicitation.

H.1.8.2. In the event that performance requirements at a particular facility differ slightly from that expressed in Section C, those differences shall be defined in the Task Order statement of work.

H.1.8.3. The Government reserves the right to reassign health care workers within an MTF to meet patient demand.

H.1.9. Maximum Quantities. All available quantities for this contract are given in Contract Line Item Numbers (CLINs) 0001, 0002, 0009, and 0010 in Section B. CLIN 0008 is cost reimbursable and is based on joint travel regulations. CLINs 0003, 0004, 0005, 0006, and 0007 are not applicable for this solicitation and are designated as reserved. Refer to Section J, Attachment AH for an explanation of CLINs.

H.1.10. The estimated ordering period is for 39 months, beginning at the start of contract services, or until the time the Government has issued Task Orders totaling the sum of the maximum quantities. The period of performance for the base period or any option periods of a Task Order shall be of one year or less in duration.

H.2. LOT AWARDS FOR INITIAL QUANTITIES

H.2.1. Lots consist of initial quantities to be awarded at the time basic contracts are awarded. The Government reserves the right to adjust the quantities within each lot based on need and/or available funding. The details for each Lot are outlined in Section L, enclosures 3-9 of solicitation N62645-13-R-0024.

H.2.2. Past Performance and Technical volumes submitted in response to solicitation N62645-13-R-0024 will be evaluated in accordance with the evaluation factors listed in the solicitation and used to determine contract awardees only. The Past Performance and Technical volumes will not be considered for lot award purposes; each lot award determination will be based solely on the price reasonableness and price realism for that Lot.

H.2.3.The Business volume submitted in response to solicitation N62645-13-R-0024 will be evaluated with consideration to the following factors for lot awards:

H.2.3.1. Reasonableness. The offeror’s Business volume will be examined to determine the degree to which the proposed hourly prices and total price for each lot compares to the prices a reasonable prudent person would expect to incur for the same or similar services. The Contracting Officer reserves the right to award at a premium, provided that the proposed price is determined to be reasonable.

H.2.3.2. Realism. The Contracting Officer will use the minimum compensation information to determine the price realism of the proposed compensation and may use the minimum and average compensation information to assist with lot award determinations. The proposed compensation rates will be examined to identify the risk of personnel recruitment and retention problems during contract performance. The realism examination will be performed for the base period and any option periods. The Contracting Officer will determine if the proposed compensation is realistic compared to the compensation currently being paid by the incumbent. Refer to FAR Provision 52.222-46. The compensation currently being paid by the incumbent will be compared to the proposed compensation for the base period only. The offeror’s pricing sheet (see section L.2.4.5.) will constitute a total compensation plan described in FAR Provision 52.222-46.

H.2.4. Lot awards may be made on the basis of initial offers without discussions. Lot awards may be made to the lower priced proposal. It should be noted that a lot award may be made to other than the lowest priced offeror if the Government determines that a premium is warranted when the percent difference in compensation rates is commensurate to or exceeds the premium percentage. A premium may also be considered to facilitate the award of lots to meet the requirements of Section M.1.1. Offerors are therefore cautioned that their initial offer should contain the offeror’s best terms.

H.2.5. A single award will be made per lot. Each contract awardee will be awarded a minimum of one lot. The number of lots, amount of services required, and the total dollar value of the lots awarded to each contract awardee may vary. Within the parameters established by H.2, the Contracting Officer has broad discretion in determining which contract awardee should receive an individual lot award.

H.3. TASK ORDER PROCEDURES FOR SUBSEQUENT AWARDS

H.3.1. After lot awards are determined all additional requirements will be issued under task order procedures for subsequent awards.

H.3.2. When placing orders, the Contracting Officer is not required to prepare formal evaluation plans, score offers, post notice on the Federal Business Opportunities (FedBizOpps) web site (except when using an exception to fair opportunity) or hold discussions or negotiations with each awardee. Even though the Contracting Officer is not required to comply with the competition rules in Part 6 of the Federal Acquisition Regulation and is not required to conduct discussions before issuing an order, there will be an internal record of why a particular offeror provided the best value based on the particular requirements of each Task Order.

H.3.3. Fair Opportunity For Consideration. One or more Task Orders will be issued during the performance period of the contract. The Government will provide all awardees a fair opportunity for consideration. In accordance with FAR 16.505(b), the Contracting Officer will give each awardee a "fair opportunity" to be considered for each order in excess of $3,000 unless one of the conditions in paragraph H.3.4 applies.

H.3.4. Exceptions to Fair Opportunity for Consideration. Awardees will not be given a fair opportunity to be considered for Task Orders which are expected to exceed $3,000 when the Contracting Officer determines one of the following conditions apply:

H.3.4.1. The agency need for services is of such urgency that providing such an opportunity would result in unacceptable delays;

H.3.4.2. Only one awardee is capable of providing the services required at the level of quality required because the services ordered are unique or highly specialized;

H.3.4.3. The order should be issued on a sole-source basis in the interest of economy and efficiency as a logical follow-on to a Task Order already issued under this contract, provided that all awardees were given fair opportunity to be considered for the original order. For the purposes of this solicitation the contracting officer may negotiate a sole source logical follow-on Task Order with the current contractor providing previously competed services. In the event an increase in the amount of previously competed services is required by the Government, the Contracting Officer may negotiate a sole source logical follow-on Task Order with the current contractor provided the required additional services do not represent more than one full time equivalent position or 20% of the total competed labor hours on the entire Task Order, whichever is greater. When deciding whether to negotiate a sole source logical follow-on Task Order with the current contractor, consideration will be given to the contractor's Past Performance, continuity of HCW services, and price.

H.3.5. Task Order Proposal Request (TOPR).

H.3.5.1. The Contracting Officer will issue a written Task Order Proposal Request (TOPR) and will forward it to all awardees unless one of the exceptions to the fair opportunity for consideration listed above in H.3.4 applies.

H.3.5.2. The TOPR will include as a minimum the following information:

* The due date for proposal submission (generally between 7 and 14 days following the date of the TOPR).

* A description of the services, including minimum qualification requirements and specific factors.

* The place of performance.

* The period of performance including the quantity required.

* Option periods may be included as appropriate.

* Any additional instructions for proposal submission not contained in this section.

* Any other information deemed appropriate by the Contracting Officer.

H.3.6. Proposal Submission.

H.3.6.1. If an awardee is unable to submit a proposal, they must notify the Contracting Officer in writing as soon as practicable. A brief written statement as to why the awardee is unable to submit a proposal is required. Failure to submit a Task Order proposal without sufficient justification may be considered as negative Past Performance information which may jeopardize the award of future Task Orders.

H.3.6.2. The contractor's Task Order proposal shall always be required to contain a price section and may be required to include a past performance or technical section. The price section shall include a completed Supplemental Pricing Worksheet for each proposed CLIN/SLIN for the base period of performance and any option periods. The proposal shall be forwarded to the Naval Medical Logistics Command. Certified cost or pricing data is not required for individual Task Orders. Direct labor rates must be consistent with that currently being paid in the geographic location where services are to be performed. If the position(s) is filled by a contract employee(s), direct labor rates must also be consistent with the compensation currently being paid by the incumbent. Refer to FAR Provision 52.222-46. If required, the proposal shall include the personnel and past performance information required by the TOPR.

H.3.7. Proposal Evaluation.

H.3.7.1. The Contracting Officer has broad discretion in determining which awardee should receive a Task Order. Each Task Order award decision will consider the following three factors (i.e., H.3.7.2., H.3.7.3., and H.3.7.4.). Other factors (i.e., H.3.7.5., H.3.7.6., and H.3.7.7.) may be considered as described in the Task Order Proposal Request (TOPR).

H.3.7.2. The price of the Task Order. The factors to be considered in evaluating prices proposed are:

H.3.7.2.1. Completeness. All price information required by the Task Order proposal request has been submitted and supplemental price worksheets have been completed for the base period and any option periods.

H.3.7.2.1.1. In order for a proposal that contains option periods to be considered complete, all options must be priced. In the event that required option periods are not proposed, the Contracting Officer may reject the contractor’s proposal and it will not be considered for award.

H.3.7.2.2. Reasonableness. The degree to which the proposed prices (base period and any option periods) compare to the prices a reasonably prudent person would expect to incur for the same or similar services.

H.3.7.2.3. Realism. The offeror’s Line Item prices and information provided on the Supplemental Pricing Worksheets (see Section J, Attachment AG) will be used in the evaluation of the offeror's proposal. The Contracting Officer will use the minimum compensation information to determine the price realism of the proposed compensation and may use the minimum and average compensation information for best value determinations. The offeror’s Line Item prices and the Supplemental Pricing Worksheets will be examined to identify unusually low price estimates, understatements of costs, inconsistent pricing patterns, potential misunderstandings of the requirements, and the risk of personnel recruitment and retention problems during contract performance. The realism examination will be performed for the base period and any option periods. The Contracting Officer will determine if the proposed compensation is realistic compared to the compensation currently being paid by the incumbent. Proposed compensation that is lower than current compensation 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. Lowered compensation for the same professional work may indicate lack of sound management judgment and lack of understanding of the requirement. 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 may impair the Contractor’s ability to attract and retain competent professional service employees and may be viewed as evidence of failure to comprehend the complexity of the contract requirements. Refer to FAR Provision 52.222-46. The compensation currently being paid by the incumbent will be compared to the proposed compensation for the base period only.

H.3.7.3. Timeliness of submission of Task Order proposal. Task Order proposals which are submitted late may not be considered for award.

H.3.7.4. The Past Performance and management record of the awardee in previous Task Orders and Task Order proposals under this contract will be evaluated. Performance within the past three years on other contracts may also be considered. This Past Performance evaluation will include a review of all aspects of contract performance, both positive and negative, including but not limited to performance enhancements or problems, management enhancements or problems, timeliness of proposal submission, continuity of HCWs, shift fill rates, and quality of HCWs provided.

H.3.7.5. Quality of the HCW(s) proposed under the Task Order. General ranking factors of HCWs will be detailed in each Task Order Proposal Request (TOPR), but may include the following.

H.3.7.5.1. The quality and characteristics of the proposed personnel mix in relationship to the labor mix requirements specified in the Task Order.

H.3.7.5.2. Quality and quantity of qualifications, including education, training, and experience, as they relate to the duties in the Task Order. Prior experience in a military medical/dental setting may enhance the candidate’s ranking.

H.3.7.5.3. Letters of Recommendation.

H.3.7.5.4. Additional certifications and licensure, as applicable.

H.3.7.5.5. Total continuing education within the 3 years immediately preceding the Task Order.

H.3.7.6. Management plan for accomplishment of the Task Order requirements.

H.3.7.7. Certificate of availability.

H.3.8. Task Order Award.

H.3.8.1. Upon completion of the evaluation of the Past Performance, Technical and/or Business volumes, the Contracting Officer will issue a Task Order to the contractor whose proposal is most advantageous to the Government considering the evaluation factors specified in H.3.7 above.

H.3.8.2. In the event issues pertaining to a proposed Task Order cannot be resolved to the satisfaction of the Contracting Officer, the Contracting Officer reserves the right to withdraw or cancel the proposed Task Order. In such event, the contractor will be notified, via letter or email, of the Contracting Officer's decision and this decision shall be final and conclusive and shall not be subject to the "Disputes" clause or the "Contract Disputes Act".

H.3.8.3. Issues arising from the placement of orders are not protestable to the Government Accountability Office unless the protest alleges that the order exceeded the value, scope, or period of the contract or in the case where a single Task Order exceeds $10 million IAW FAR 16.505(a)(10) and FAR 33.104.

H.3.9. Commencement of Performance.

H.3.9.1. Upon award, a Task Order will be transmitted to the contractor on a DD Form 1155. Approved HCWs will generally be required to begin performance between 30 and 60 days after execution of the Task Order by the Contracting Officer. Urgent requirements may require expedited processing and a shortened performance start up period. Conversely, some difficult to fill positions may require a longer performance start up period. If a HCW who was proposed in response to the Task Order Proposal Request is not available to begin performance on the Task Order, the contractor must notify the Contracting Officer immediately.

H.3.9.2. Failure to begin performance with the approved HCW may result in termination of the Task Order and reconsideration of the other Task Order proposals received in response to the Task Order Proposal Request. The contractor may or may not be given the opportunity to propose a new HCW. The Government reserves the right to terminate the contract for default if the contractor fails to begin performance.

H.3.9.3. The contractor shall notify the Contracting Officer in writing, 60 days in advance, whenever it has reason to believe that the quantities the Contractor expects to expend under a task order shall exceed the quantities available on the applicable CLIN in Section B of the task order. Only an appropriately executed task order modification can authorize any increase to available quantities.

H.3.10. Option Periods Under Task Orders

H.3.10.1. The Government at its sole discretion may issue Task Orders with a base period of performance as well as option periods that provide for continued performance of the Task Order. Task Orders issued with option periods will include FAR clause 52.217-9 “Option to Extend the Term of the Contract.”

H.3.10.2. Option periods will be exercised in writing by task order modifications.

H.3.10.2.1. Task order modifications will be issued unilaterally by the Contracting Officer when the written notices required by FAR 52.217-9 have been provided within the timeframes listed therein.

H.3.10.2.2. Task order modifications may be issued bilaterally as agreed upon by the Contracting Officer and the contractor in cases where the written notices or timeframes required by FAR 52.217-9 have not been met.

H.3.10.3. Provision 52.217-5 and clause 52.217-9 are listed below for the purposes of inclusion on the Task Order if the Contracting Officer determines options are applicable.

H.3.11. Economic Price Adjustment – Labor

H.3.11.1. Economic Price Adjustment (EPA). Task Orders under this contract with option periods may include an Economic Price Adjustment. The following language will be included in a task order with option periods for which the Government determines a mechanism for an EPA adjustment is appropriate.

H.3.11.1.1. The Contractor agrees to incorporate the substance of this section in all subcontracts for HCW services.

H.3.11.2. EPA terms will apply only to rates for performance commencing with the third year of performance (Option Period 2) of a task order that includes this section.

H.3.11.2.1. The contractor shall provide written notification to the Contracting Officer if the medical care services expenditure category of the Consumer Price Index (CPI) has increased or decreased since contract award, and shall propose increases or decreases to the unburdened rates of pay for labor (including fringe benefits) for its HCWs beginning in the third year of performance (Option Period 2) under this task order. The Contractor shall furnish this notice not later than 90 calendar days prior to the beginning of the next applicable option period, and any adjustments shall be applicable only in the next option period(s). The Contractor is limited to one adjustment in labor rates per annual performance period. The notice shall include the Contractor's proposal for an adjustment in the labor rates, its revised compensation plan which shall include the Contractor’s initial proposed base labor and fringe benefits for all affected HCWs and its proposed increases or decreases in labor and fringe benefits, a breakout of all cost components (e.g., to include but not limited to general and administrative costs, overhead, and profit) of its original and proposed rates, and the applicable CPI rate and supporting underlying data. For proposed increases, the Contractor's proposal shall also include an explanation of how the change in the CPI has affected its ability to recruit and retain qualified HCWs to perform under the contract, using specific examples if available.

H.3.11.3. The Contracting Officer and Contractor shall negotiate a rate adjustment and its effective date…