RFP_COOP2016_Final.docx
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- NIHOD2016092
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SOL # NIHOD2016092
B. 1. Brief Description of Supplies or Services
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested. A written solicitation will not be issued. This requirement is set aside for small businesses. The North American Industry Classification System (NAICS) code is 541611 and the small business size standard is $15 million.
This Request for Proposal, RFP number NIHOD2016092, is for the acquisition of emergency management services and Continuity of Operations Program (COOP) support. The purpose of this contract is to provide emergency evacuation drills and general emergency management support at the NIH. NIH is required by the HHS Safety Manual to conduct an evacuation drill in every facility housing NIH Staff; in addition to this requirement, the Joint Commission requires quarterly drills to be conducted in space that is used to care for patients.
B.2. Pricing Schedule
Independently, and not as an agent of the government, the Contractor shall provide the service detailed in the Statement of Work using the following labor categories. The Contractor shall be paid in accordance with the fixed loaded hourly rates shown below for the number of hours actually incurred in the performance of work specified herein. Overtime rates shall be authorized by the Project Officer. Travel is on a cost-reimbursement basis.
Basic Contract Period: through [specific dates to be completed at time of award]
| Labor | Fixed Loaded | Estimated | |||
| Category | Hourly Rate | Quantity | Unit | Total |
Project Manager $ 208 Hours $
Drafter $ 1248 Hours $
Principal $ 1248 Hours $
Lead Evacuation $ 1248 Hours $ Specialist
Evacuation $ 1248 Hours $ Specialist
Evacuation $ 1248 Hours $ Specialist
Associate $ 1248 Hours $
| Not to | |||
| Travel | Exceed | Annual | $_____ |
Estimated Total - Base Period $
Basic Contract Period - Overtime Hourly Rates
| Labor | Fixed Loaded | |
| Category | Overtime Hourly Rate |
Project Manager $
Drafter $
Principal $
Lead Evacuation $ Specialist
Evacuation $ Specialist
Evacuation $___________ Specialist
Associate $___________
1st Option Period: through [specific dates to be completed at time of award]
| Labor | Fixed Loaded | Estimated | |||
| Category | Hourly Rate | Quantity | Unit | Total |
Project Manager $ 208 Hours $
Drafter $ 1248 Hours $
Principal $ 1248 Hours $
Lead Evacuation $ 1248 Hours $ Specialist
Evacuation $ 1248 Hours $ Specialist
Evacuation $ 1248 Hours $ Specialist
Associate $ 1248 Hours $
| Not to | |||
| Travel | Exceed | Annual | $_____ |
Estimated Total – 1st Option Period $
1st Option Period - Overtime Hourly Rates
| Labor | Fixed Loaded | |
| Category | Overtime Hourly Rate |
Project Manager $
Drafter $
Principal $
Lead Evacuation $ Specialist
Evacuation $ Specialist
Evacuation $___________ Specilaist
Associate $____________
2nd Option Period: through [specific dates to be completed at time of award]
| Labor | Fixed Loaded | Estimated | |||
| Category | Hourly Rate | Quantity | Unit | Total |
Project Manager $ 208 Hours $
Drafter $ 1248 Hours $
Principal $ 1248 Hours $
Lead Evacuation $ 1248 Hours $ Specialist
Evacuation $ 1248 Hours $ Specialist
Evacuation $ 1248 Hours $ Specialist
Associate $ 1248 Hours $
| Not to | |||
| Travel | Exceed | Annual | $_____ |
Estimated Total – 2nd Option Period $
2nd Option Period - Overtime Hourly Rates
| Labor | Fixed Loaded | |
| Category | Overtime Hourly Rate |
Project Manager $
Drafter $
Principal $
Lead Evacuation $ Specialist
Evacuation $ Specialist
Evacuation $___________ Specialist
Associate $___________
TOTAL CEILING BASE + OPTION YEARS $__________________
Section C Statement of Work
C.1 Statement of Work – Emergency Management and Continuity of Operations (COOP) Support
OBJECTIVE
The objective of the Emergency Evacuation Services contract is to support the Division of Emergency Management (DEM) critical activities.
BACKGROUND
The DEM has developed an Emergency Management (EM) program that delineates responsibility and requirements to prepare for and manage an emergency event. The DEM is responsible for maintaining the NIH EM Program and advancing the EM program, while also ensuring the safety and security of the NIH through emergency evacuation drills, shelter-in-place (SIP) programs, employee awareness programs, developing the NIH Emergency Operations Plan (EOP), ensuring the NIH has a compliant Continuity of Operations (COOP) Plan, and other emergency preparedness initiatives. NIH must develop contingency plans, processes, and procedures to ensure that NIH can protect its employees and maintain all programs such as clinical protocols, patient care, National Critical Infrastructure activities, and protection of research.
SCOPE OF WORK
The Contractor will provide all labor, supervision, management, and administrative resources necessary for providing emergency evacuations, SIP, and exercise support for the National Institutes of Health. Work will be primarily performed in Bethesda and Rockville, MD but will also require work to regularly be conducted in Baltimore, MD; Frederick, MD; and Poolesville, MD. Occasionally, travel may be required to Research Triangle Park, NC and Hamilton, MT.
SPECIFIC WORK REQURIEMENTS
The Contractor will conduct all evacuation drills on the NIH Campus in Bethesda, MD and at all owned and leased NIH Facility to include: Baltimore, MD; Frederick, MD; and Montgomery County, MD including Poolesville, MD. In addition, the Contractor shall provide training to the Occupant Evacuation Teams in each facility; designate and map shelter-in-place locations; and provide support for testing the NIH EOP.
1. Emergency Evacuation Drills – Non-Building 10 The Contractor will conduct a fire drill at every NIH facility in Maryland, see Technical Exhibit 1 for a list of current NIH Facilities and required frequency of fire drills. Each facility must receive at a minimum one (1) fire evacuation training session per calendar year, at the facility’s discretion additional training sessions may be requested.
a. Scheduling
i. Fire Drill Schedule. The Government will schedule the evacuation drill and coordinate necessary support services for the drill; this schedule will be provided no later than (NLT) five (5) days prior to the fire drill. The Contractor will conduct the fire drill.
ii. Fire Evacuation Training Schedule. The Government will schedule and provide NLT five (5) days prior to the session the date and location of the training. The Government and the Contractor will work jointly to develop the training and incorporate previous lessons from fire drills. Training sessions will typically last for 90 minutes.
b. Conducting Fire Drills
i. General. The Contractor shall conduct the fire drills as scheduled by the Government based on the frequency found in Technical Exhibit 1; Exhibit 1 is subject to change by the Government. The Contractor shall contact necessary entities in accordance with the DEM Standard Operating Procedure (SOP) for conducing drills.
ii. Unannounced Fire Drills. The Government and Building Occupant Emergency Coordinator will be responsible for determining if a fire drill will be announced ahead of time. The Building Occupant Emergency Coordinator will be responsible for disseminating the message if the drill will be announced ahead of time.
iii. Observations. The Contractor shall observe the actions taken during the fire drill and document time taken to evacuate the facility, deficiencies, actions properly performed, and recommendations for the staff.
iv. Documentation. The Contractor shall submit their observations to the COR by the end of the next scheduled business day using DEM provided forms.
c. Fire Evacuation Training
i. Training Lesson Plan. The Government, in conjunction with the Contractor, shall prepare training lesson plans that are sufficient to ensure that all required and appropriate fire evacuation areas are covered in each session. The Contractor shall develop a recommended list of fire safety handout material and submit to the COR to approve and obtain by the Government.
ii. Coordination. The Government will coordinate with the Building Occupant Emergency Coordinator to schedule the training. This date and time will be provided NLT 5 days prior to the session.
iii. Training Performance Feedback. The Contractor shall prepare a training feedback form and submit to the COR for approval two weeks prior to the first training session. The Contractor shall distribute the feedback forms for comment at each session, collect them at the end of the session and submit to the COR.
iv. Documentation. The Contractor shall document the training performed to include, but not limited to, the topics covered, group trained, supervisory person in attendance, and an attendance listing of the personnel trained for each session. The documentation shall be submitted by the Contractor to the COR NLT the 5th day of every month.
2. Emergency Evacuation Drills – Building 10 Complex Non-Joint Commission Areas The Contractor shall provide fire drills in the non-patient care areas of the Building 10 Complex on the NIH Campus in Bethesda, MD. See Technical Exhibit 2 for a current listing of non-Joint Commission Areas in Building 10 and required frequency of fire drills; this listing is subject to change by the government.
a. Scheduling
i. Fire Drill Schedule. The Contractor shall prepare a schedule of fire drills for the month and submit to the COR NLT Monday of the last full week of the preceding month.
ii. Zone Points of Contacts. The Contractor shall work with the occupants of each of the identified evacuation zones in Technical Exhibit 2 to identify, at a minimum, two (2) individuals that will work with the Contractor to schedule the drills. The points of contact will be updated on a semi-annual basis, and will be posted on the appropriate form in the sign holders in each evacuation zone.
iii. Activation of the Fire Alarm. The Contractor shall coordinate with the Fire Alarm staff in Building 10 to activate the fire alarm in the appropriate zone.
b. Conducting Fire Drills
i. General. The Contractor shall conduct the fire drills as scheduled for the facility areas and frequencies specified in Technical Exhibit 2.
ii. Fire Drills. The Contractor shall perform a fire drill for each fire zone in accordance with Technical Exhibit 2. The Contractor shall notify the Zone Point of Contact two (2) weeks prior to the evacuation drill and provide them with a flyer stating the date and time of the evacuation drill. On average these drills are ½ hour in length.
iii. Observations. The Contractor shall observe the actions taken during the fire drill and document deficiencies, actions, properly performed, and recommendations for the staff. Upon completion of the drill, the Contractor shall meet with occupants and review actions taken along with recommendations for the future. The Contractor shall lead a short discussion on fire evacuation with the staff.
iv. Documentation. The Contractor shall document the fire drill; this documentation will be available to the COR by the next business day.
3. Joint Commission Required Fire Drills and Fire Evacuation Training
The Contractor shall provide required quarterly fire drills and fire evacuation training for the nursing staff and hospital departments at the NIH Clinical Center in accordance with the requirements of the Joint Commission.
a. Scheduling
i. Fire Drill Schedule. The Contractor shall prepare a schedule of quarterly fire drills for the month and submit to the COR NLT Monday of the last full week of the preceding month. The schedule shall not be shared with other individuals to maintain “unannounced” for the areas concerned.
ii. Fire Evacuation Training Schedule. The Contractor shall prepare an annual schedule of training and coordinate scheduling with the Clinical Center Safety Office, by February 1st of the calendar year. The coordinated schedule will be provided to the COR and the Clinical Center Safety Office. Any requirements for schedule adjustments shall be submitted to the COR for approval.
iii. Shift Training. The contractor will perform the required quarterly nurses fire drills/training for day, evening, and night shifts. The Contractor will adjust work schedules to accommodate all evening and night work related to nurses training.
b. Unannounced Fire Drills
i. General. The Contractor shall conduct the fire drills as scheduled for the facility areas and frequencies specified in Technical Exhibit 3.
ii. Fire Drills. The Contractor will perform an unannounced fire drill for each patient care area and each shift (up to 3 shifts per day) on a quarterly basis. The ambulatory care units and day hospitals shall be trained quarterly during their operational day shift period. On the average these drills are ½ hour in length.
iii. Observations. The Contractor shall observe the actions taken during the fire drill and document deficiencies, actions properly performed, and recommendations for the staff. Upon completion of the fire drill, the Contractor shall meet with the nursing staff and review the actions taken along with recommendations for the future. The Contractor shall lead a short discussion on fire evacuation with the nursing staff and address all items in the Joint Commission guidelines.
iv. Documentation. The Contractor shall document the Joint Commission review and submit a copy to the COR within 24 hours of the completed drill.
c. Annual Fire Evacuation Training for Clinical Center Departments
i. Training Lesson Plan. The Contractor shall prepare a training lesson plan and demonstration outline for the training sessions that is sufficient to ensure that all required and appropriate fire evacuation areas are covered in each session. The Contractor shall develop a recommended list of fire safety handout materials and submit to the COR to approve and obtain by the Government. The training syllabus and training material shall be submitted to the COR NLT one month prior to the scheduled date.
ii. Coordination. The Contractor shall coordinate the fire evacuation training with the Clinical Center department a minimum of one month in advance of the scheduled training. Follow-up coordination shall be made the week prior to the training session.
iii. Training Sessions. The Contractor shall conduct fire evacuation training for personnel in the Clinical Center departments that include, but are not limited to, Pharmacy, Phlebotomy, and Housekeeping. Training sessions are generally in a classroom setting and scheduled for one hour in duration. The Contractor shall conduct informative training sessions that cover all fire evacuation issues. The sessions shall be prepared and presented with knowledge of the audience involved to ensure comprehension of the information. Training sessions shall include methods to involve the audience and provide feedback of information received.
iv. Training Performance Feedback. The Contractor shall prepare a training feedback form and submit to the COR for approval two weeks prior to the first training session. The Contractor shall distribute the feedback forms for comment at each session, collect them at the end of the session, and submit to the COR.
v. Documentation. The Contractor shall document the training performed to include, but not limited to, the topics covered, group trained, supervisory person in attendance, and an attendance listing of the personnel trained for each session. The documentation shall be submitted by the Contractor to the COR NLT the 5th day of every month.
d. Reporting
The Contractor shall document all fire drills and fire evacuation training activities. Additionally, the Contractor will provide a progress report of drills conducted that month, progress to quarterly Joint Commission drills, and progress to annual Joint Commission drills. Training documentation for fire drills and fire evacuation training to include attendance sheets required for Joint Commission will be prepared and submitted to the COR monthly by the 5th working day of the month.
4. Emergency Floor Plans
The Contractor will identify and mark on a floor plan map, locations that staff can shelter-in-place in the event of a HAZMAT or severe weather event. The Contractor will also review and approve shelter-in-place maps that are developed and submitted by the Institutes and Centers.
a. Floor Plan Design
i. Design. The floor plans will follow the standards set forth by the Government. In some instances, the Contractor will need to update the floor plans provided by the Government to reflect the actual layout of the space.
ii. Program. The floor plan work will be done in a Computer Aided Design (CAD) program that will be supplied by the Government.
b. Selection of Shelter-In-Place Locations
i. Selection. The Government will work with the Contractor to identify appropriate locations for staff to shelter-in-place. This will be done by walking the buildings with the Drafter.
c. Review of Floor Plans
i. Review. ICs may submit floor plans indicating their shelter-in-place locations to the Division of Emergency Management. The Drafter will be responsible for reviewing the submitted floor plans and providing approval or disapproval in concurrence with the Government. If a floor plan is disapproved, the Drafter will write a brief statement on why it is disapproved and provide it to the submitting IC and the Government. The Government will supply the standard that floor plans must meet.
ii. Approval. The Government will have final approval of all floor plans prior to dissemination.
5. Exercises
a. Institute and Center Exercises
i. General. Institutes and Centers are encouraged to conduct a tabletop exercise on an annual basis.
ii. Development. The Contractor will work with the Institute or Center point of contact to develop the scenario based on what the Institute or Center is trying to test during the exercise. The Contractor will provide the COR the exercise scenario and injects NLT 14 days prior to the exercise.
iii. Exercise. The Contractor will support each exercise by being present and formally identifying deficiencies and areas for improvement. The Contractor will develop an After-Action Report containing corrective action items due to the COR NLT 14 days after the exercise.
b. Emergency Response Exercises
i. General. Tabletop, operational, and full scale exercises will be conducted between the response groups at NIH, including but not limited to Fire, Police, Facilities, and Emergency Management.
ii. Development. The Contractor will develop the exercise based on the parameters set forth by the Government. The Contractor will provide a copy of the scenario and injects to the COR NLT 14 days prior to the exercise date.
iii. Exercise. The Contractor will facilitate the exercise, identify deficiencies, and develop an After-Action Report. The After-Action Report will contain corrective action items and is due to the COR NLT 14 days after the exercise.
6. Technical Writing
a. Plans Writing
i. General. The Contractor will develop emergency management plans at the request of the Government to include, but not limited to, Emergency Operations Plans, Continuity of Operations Plans, Occupant Emergency Plans, and Standard Operating Procedures.
ii. Development. The Government will work with the Contractor to develop the general outline of the plan. The Contractor will be expected, upon completion, to submit a final document for use by the Government.
b. After-Action Reports
i. General. Following the activation of any Division of Emergency Management response plan, the Contractor will be responsible for supporting the After-Action Meeting. The Contractor will capture any after-action items that are identified during the meeting and develop an After-Action Report.
7. Emergency Operations Support
a. General. When the Division of Emergency Management is required to respond to emergencies impacting NIH facilities, the Contractor may be requested to provide remote and/or on-site support to the Government. This may include times that would be considered outside normal business hours (after-hours and weekends).
PERSONNEL AND LEVEL OF EFFORT
The Contractor will provide qualified management, supervisory, technical, and administrative personnel to accomplish all work and services required by this Contract in a timely and efficient manner. All work and services will be accomplished within the specified time frames. Past staffing levels may not indicate future requirements. The Contractor is expected to implement efficiencies where feasible to minimize NIH employee disruption.
For the purpose of this SOW, the term “Contractor Employee(s)” applies to all Contractor employees and subcontractor employees performing work under this SOW. The Contractor shall be responsible for all actions of the subcontractor personnel in the performance of this Contract to include, but not be limited to, work/trade qualifications, security, safety, and quality control.
1. Key Personnel This section describes the positions that will be considered key personnel for this contract. Any changes to key personnel will be submitted to the COR for approval. Requests will include a detailed resume and the position with responsibilities along with appropriate NIH clearance/access information requirements.
a. Working Status. Any changes to the working status of key personnel will be submitted to the COR for approval within five (5) working days prior to the change. Changes to the working status of key personnel new to the NIH Contract will be submitted at least 15 calendar days prior to their anticipated arrival to duty.
b. Substitutes. All requests for substitution must include a complete resume for the proposed substitute, and any other information requested by the COR in order to concur or non-concur with the proposed substitution. All proposed substitutes must have qualifications that are equal to, or higher than, the qualification of the position to be replaced. The COR will evaluate such requests and will promptly notify the Contractor of approval or disapproval.
c. Performance Period Start Substitutions. During the first 90 days of the Contract performance period, no personnel substitutions will be permitted unless such substitutions are necessitated by an individual’s sudden illness, death, or termination of employment. In any of these events, the Contractor will promptly notify the COR, and the Contractor’s plan for mission accomplishment and personnel replacement. After the initial 90-day period, all proposed substitutions must be in writing, at least 15 days in advance of the proposed substitution to the COR.
| Title |
| Number of Positions |
| Position Description |
| Maximum Level of Effort (Yearly Hours) |
| Project Manager |
| 1 |
| Responsible for the overall management of the Contract, including submission of monthly reports to the COR, substitution of key personnel |
| 208 |
| Drafter |
| 1 |
| Experience with developing floor plans in Computer Aided Design (CAD) software. Will be responsible for developing floor plans indicating SIP locations, and reviewing and approving floor plans submitted by the Institutes and Centers. |
| 1248 |
| Lead Evacuation Specialist (Project Leader) |
| 1 |
| Responsible for the day supervision of the contract personnel, and ensures that all fire drills and emergency evacuation training are conducted. Must have experience in direct emergency fire and rescue response, emergency management planning, emergency evacuation of patients and hospital staff and emergency evacuation within a research or similar environment. |
| 1248 |
| Evacuation Specialist (Project Coordinator) |
| 2 |
| The ability to conduct fire drills, emergency evacuation training, document findings, and present to staff and managers. |
| 1248 |
| Principal |
| 1 |
| Experience in direct emergency management plan development, and Continuity of Operations (COOP) planning. Supervisory and program management experience in emergency management planning within a Federal biomedical research or similar environment. |
| 1248 |
| Associate |
| 1 |
| The ability to conduct research, conduct interviews, analyze obtained information and develop briefings, reports and other documents as required, and present findings to staff and managers. |
| 1248 |
QUALITY CONTROL
The Contractor will be responsible for the quality of services provided under the terms of this SOW. The Contractor shall establish, plan, provide, and maintain a Quality Control System that ensures consistent quality performance in all areas of the Contract. The quality control system procedures, planning, and all other documentation and data shall be made available to the COR for review. Existing quality control systems or documents that meet the requirements of this Contract may be used. The Contractor will develop an effective and consistent program of complete and auditable documentation of all Quality Control performed by the Contractor.
The Quality Control Plan will include:
1. A description of the Contractor’s Quality Control Program and will cover all Contract services, specify work to be inspected on either a scheduled or unscheduled basis, and describe how inspections are conducted.
2. The name and qualifications of the individuals responsible for performing the quality control inspections and the extent of their authority. An employee performing the work shall not inspect his/her own work
3. Provisions for recording the results of quality control inspections and for recoding when corrective actions were taken.
4. Provisions to update and revise the Quality Control Plan during the performance of the Contract.
5. A description of the methods used for identifying and preventing defects in the quality of service performed.
6. A description of the Contractor’s approach to accomplishing the Contractor’s total Quality Control as specified here-in.
REPORTING
The Contractor shall prepare the following monthly reports for submission to the Project Officer. All monthly reports will be due on or before the 15th day of the following month.
1. Status Report – one copy of a brief monthly status report outlining each service area provided documenting the number of outputs and staff hours expended.
2. Quality Control Report – one copy to include all activities performed.
3. Joint Commission Report – one copy to include all activities performed in support of Joint Commission Accreditation and Certification within the Clinical Center.
SOL # NIHOD2016092
4.
Page | 15
Section D Marking and Shipping
D.1 Packaging, Marking and Shipping
All deliverables required under this contract shall be packaged, marked and shipped in accordance with Government specifications. At a minimum, all deliverables shall be marked with the contract number and Contractor name. The Contractor shall guarantee that all required materials shall be delivered in immediate usable and acceptable condition.
Section E Inspection and Acceptance
E.1 Inspection and Acceptance
1. The Contracting Officer or the duly authorized representative will perform inspection and acceptance of materials and services to be provided.
1. For the purpose of this SECTION, TBA is the authorized representative of the Contracting Officer.
1. Inspection and acceptance will be performed at:
Section F Deliveries or Performance
F.1 Period of Performance
The period of performance of this contract shall be from through .
2. If the Government exercises its option(s) pursuant to the OPTION PROVISION Article in Section H of this contract, the period of performance will be increased as listed below:
| Option |
| Option Period |
Section G Contract Administration Data
G. 1 Contracting Officer’s Representative (COR) The following Contracting Officer's Representative (COR) will represent the Government for the purpose of this contract:
[To be Determined upon Award]
The COR is responsible for: (1) monitoring the Contractor's technical progress, including the surveillance and assessment of performance and recommending to the Contracting Officer changes in requirements; (2) interpreting the statement of work and any other technical performance requirements; (3) performing technical evaluation as required; (4) performing technical inspections and acceptances required by this contract; and (5) assisting in the resolution of technical problems encountered during performance.
[The alternate COR is responsible for carrying out the duties of the COR only in the event that the COR can no longer perform his/her duties as assigned.] The Contracting Officer is the only person with authority to act as agent of the Government under this contract. Only the Contracting Officer has authority to: (1) direct or negotiate any changes in the statement of work; (2) modify or extend the period of performance; (3) change the delivery schedule; (4) authorize reimbursement to the Contractor for any costs incurred during the performance of this contract; (5) otherwise change any terms and conditions of this contract; or (6) sign written licensing agreements. Any signed agreement shall be incorporated by reference in Section K of the contract The Government may unilaterally change its COR designation.
G. 2 Method Of Ordering
1. Orders issued under this contract may be placed as follows:
[X] in writing [ ] via telephone [ ] via facsimile (fax) [ ] via electronic mail (e-mail) [ ] Oral [Oral Orders will be confirmed in writing within days of issuance.
[ ] Other Specify:
1. The Contracting Officer is authorized to issue orders and provide written confirmation of oral orders, if applicable, under the contract.
G.3 Government Property
If this RFP will result in the acquisition or use of Government Property provided by the contracting agency or if the Contracting Officer authorizes in the preaward negotiation process, the acquisition of property (other than real property), this ARTICLE will include applicable provisions and incorporate the HHS Publication, entitled, "HHS Contracting Guide for Contract of Government Property," which can be found at: http://oamp.od.nih.gov/sites/default/files/appendix_q_hhs_contracting_guide.pdf .
G. 4 On-Site Contractor Access to Government Property
The Contractor shall be held responsible for Government Property, regardless of dollar value, when:
· The contract requires contractor personnel to be located on a Government site or installation;
· The property utilized by contractor personnel is incidental to the place of performance; and,
· The property used by the contractor remains accountable to the Government Responsibility includes physical presence, proper use and handling, normal maintenance, and reporting loss, damage or destruction.
Responsibility for government property shared by two or more contractors or located in space shared by two or more contractors, shall be determined and documented by the contractors involved. In cases where the parties cannot reach agreement on shared responsibility, the matter will be referred to the NIH Property Officer for resolution.
G. 5 Post Award Evaluation of contractor Performance
1. Contractor Performance Evaluations
Interim and Final evaluations of Contractor performance will be prepared on this contract in accordance with FAR Subpart 42.15. The Final performance evaluation will be prepared at the time of completion of work. In addition to the Final evaluation, Interim evaluation(s) shall be submitted to coincide with the anniversary dates of the contract.
Interim and Final evaluations will be provided to the Contractor as soon as practicable after completion of the evaluation. The Contractor will be permitted thirty days to review the document and to submit additional information or a rebutting statement. If agreement cannot be reached between the parties, the matter will be referred to an individual one level above the Contracting Officer, whose decision will be final.
Copies of the evaluations, Contractor responses, and review comments, if any, will be retained as part of the contract file, and may be used to support future award decisions.
1. Electronic Access to Contractor Performance Evaluations
Contractors may access evaluations through a secure Web site for review and comment at the following address:
http://www.cpars.gov
G. 6 Type of Contract and Number of Awards
It is anticipated that award from this solicitation will be a labor hour type contract with a one (1) year base period of performance with two (2) option periods. The Government reserves the right to make a single award, multiple awards, or no award as a result of this solicitation.
Section H Special Contract Requirements
H.1 Availability of Funds for the Next Fiscal Year (FAR 52.232-19)(APR 1984)
Funds are not presently available for performance under this contract beyond the Government's current fiscal year. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond the Government's current fiscal year, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.
H.2 Reporting Matters Involving Fraud, Waste and Abuse
Anyone who becomes aware of the existence or apparent existence of fraud, waste and abuse in NIH funded programs is encouraged to report such matters to the HHS Inspector General's Office in writing or on the Inspector General's Hotline. The toll free number is 1-800-HHS-TIPS (1-800-447-8477). All telephone calls will be handled confidentially. The website to file a complaint on-line is: http://oig.hhs.gov/fraud/hotline/ and the mailing address is:
US Department of Health and Human Services Office of Inspector General
ATTN: OIG HOTLINE OPERATIONS
P.O. Box 23489 Washington, D.C. 20026
H.3 HHS-Controlled Facilities and Information Systems Security
a. To perform the work specified herein, Contractor personnel are expected to have routine (1) physical access to an HHS-controlled facility; (2) physical access to an HHS-controlled information system; (3) access to sensitive HHS data or information, whether in an HHS-controlled information system or in hard copy; or (4) any combination of circumstances (1) through (3).
b. To gain routine physical access to an HHS-controlled information system, and/or access to sensitive data or information, the Contractor and its employees shall comply with Homeland Security Presidential Directive (HSPD)-12, Policy for a Common Identification Standard for Federal Employees and Contractors; Office of Management and Budget Memorandum (M-05-24); and Federal Information Processing Standards Publication (FIPS PUB) Number 201; and with the personal identity verification and investigations procedures contained in the following documents:
0. HHS-OCIO Information Systems Security and Privacy Policy ( http://www.hhs.gov/ocio/policy/#Security )
0. HHS HSPD-12 Policy Document, v. 2.0 ( http://www.whitehouse.gov/sites/default/files/omb/assets/omb/memoranda/fy2005/m05-24.pdf )
0. Information regarding background checks/badges ( http://idbadge.nih.gov/background/index.asp )
c. Position Sensitivity Levels:
This contract will entail the following position sensitivity levels:
[ ] Level 6: Public Trust - High Risk. Contractor/subcontractor employees assigned to Level 6 positions shall undergo a Suitability Determination and Background Investigation (MBI).
[X] Level 5: Public Trust - Moderate Risk. Contractor/subcontractor employees assigned to Level 5 positions with no previous investigation and approval shall undergo a Suitability Determination and a Minimum Background Investigation (MBI), or a Limited Background Investigation (LBI).
[ ] Level 1: Non-Sensitive. Contractor/subcontractor employees assigned to Level 1 positions shall undergo a Suitability Determination and National Check and Inquiry Investigation (NACI).
d. The personnel investigation procedures for Contractor personnel require that (upon award) the Contractor prepare and submit background check/investigation forms based on the type of investigation required. The minimum Government investigation for a non-sensitive position is a National Agency Check and Inquiries (NACI) with fingerprinting. More restricted positions - i.e., those above non-sensitive, require more extensive documentation and investigation.
As part of its proposal, and if the anticipated position sensitivity levels are specified in paragraph (d) above, the Offeror shall notify the Contracting Officer of (1) its proposed personnel who will be subject to a background check/investigation and (2) whether any of its proposed personnel who will work under the contract have previously been the subject of national agency checks or background investigations.
Upon award, the Contractor shall submit a roster, by name, position, e-mail address, phone number and responsibility, of all staff (including subcontractor staff) working under the contract who will develop, have the ability to access and/or maintain a Federal Information System(s). The roster shall be submitted to the Contracting Officer's Representative (COR), with a copy to the Contracting Officer, within 14 calendar days after the effective date of the contract. The Contracting Officer shall notify the Contractor of the appropriate level of suitability investigations to be performed. An electronic template, "Roster of Employees Requiring Suitability Investigations," is available for contractor use at: https://ocio.nih.gov/aboutus/publicinfosecurity/acquisition/Documents/SuitabilityRoster_10-15-12.xlsx .
Upon receipt of the Government's notification of applicable Suitability Investigations required, the Contractor shall complete and submit the required forms within 30 days of the notification.
The Contractor shall notify the Contracting Officer in advance when any new personnel, who are subject to a background check/investigation, will work under the contract and if they have previously been the subject of national agency checks or background investigations.
All contractor and subcontractor employees shall comply with the conditions established for their designated position sensitivity level prior to performing any work under this contract.
Contractors may begin work after the fingerprint check has been completed.
e. Investigations are expensive and may delay performance, regardless of the outcome of the investigation. Delays associated with rejections and consequent re-investigations may not be excusable in accordance with the FAR clause, Excusable Delays - see FAR 52.249-14. Accordingly, the Contractor shall ensure that any additional employees whose names it submits for work under this contract have a reasonable chance for approval.
f. Typically, the Government investigates personnel at no cost to the Contractor. However, multiple investigations for the same position may, at the Contracting Officer's discretion, justify reduction(s) in the contract price of no more than the cost of the additional investigation(s). Accordingly, if position sensitivity levels are specified in paragraph (d) above, the Offeror shall ensure that the employees it proposes for work under this contract/order have a reasonable chance for approval.
g. The Contractor shall include language similar to this "HHS Controlled Facilities and Information Systems Security" language in all subcontracts that require subcontractor personnel to have the same frequency and duration of (1) physical access to an HHS-controlled facility; (2) logical access to an HHS-controlled information system; (3) access to sensitive HHS data/information, whether in an HHS-controlled information system or in hard copy; or (4) any combination of circumstances (1) through (3).
h. The Contractor shall direct inquiries, including requests for forms and assistance, to the Contracting Officer.
i. Within 7 calendar days after the Government's final acceptance of the work under this contract, or upon termination of the contract, the Contractor shall return all identification badges to the Contracting Officer or designee.
H. 4 Access to National Institutes of Health (NIH) Electronic Mail All Contractor staff that have access to and use of NIH electronic mail (e-mail) must identify themselves as contractors on all outgoing e-mail messages, including those that are sent in reply or are forwarded to another user. To best comply with this requirement, the Contractor staff shall set up an e-mail signature ("AutoSignature") or an electronic business card ("V-card") on each Contractor employee's computer system and/or Personal Digital Assistant (PDA) that will automatically display "Contractor" in the signature area of all e-mails sent.
H.5 Technical Direction Performance of the work under this contract shall be subject to the technical direction of the Project Officer. The term "Technical Direction" is defined to include, without limitation, the following:
a. Directions to the Contractor which redirect the contract effort, shift work emphasis between work areas or tasks, require pursuit of certain lines of inquiry, fill in details or otherwise serve to accomplish contractual statement of work.
b. Provision of information to the Contractor which assists in the interpretation of drawings, specifications or technical portions of the work description.
c. Review and, where required by the contract, approval of technical reports, drawings, specifications and technical information to be delivered by the Contractor to the Government under the contract.
Technical direction must be within the general scope of work stated in the contract. The Project Officer does not have the authority to and may not issue any technical direction which (i) constitutes an assignment of additional work outside the general scope of the contract; (ii) constitutes a change as defined in the contract clause entitled "Changes; (iii) in any manner causes an increase or decrease in the total estimated contract cost, the fixed fee or the time required for contract performance; or (iv) changes any of the expressed terms, conditions, or specifications of the contract.
All technical directions shall be issued in writing by the Project Officer or shall be confirmed by him in writing five (5) working days after issuance.
The Contractor shall process promptly with the performance of technical directions duly issued by the Project Officer in the manner prescribed by this article and within his authority under the provisions of this article.
If, in the opinion of the Contractor, any instruction or direction issued by the Project Officer is within one of the categories defined in (i) through (iv) above, the Contractor shall not proceed but shall notify the Contracting Officer within five (5) working days after the receipt of any such instruction or direction and shall request the Contracting Officer to modify the contract accordingly. Upon receiving such notification from the Contractor, the Contracting Officer shall issue an appropriate contract modification or advise the Contractor in writing that, in his opinion, the technical direction is within the scope of this article and does not constitute a change under the Changes Clause of the contract. The Contractor shall thereupon proceed immediately with the direction given. A failure of the parties to agree upon the nature of the instruction or direction or upon the contract action to be taken with respect thereto shall be subject to the provisions of the contract clause entitled "Disputes.”
H. 6 Ordering (FAR 52.216-18)(OCT 1995)
b. Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from through .
c. All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
d. If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.
H. 7 Delivery Order Limitations (FAR 52.216-19) (OCT 1995)
As prescribed in 16.506(b), insert a clause substantially the same as follows:
| (a) | Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than minimum hours stated, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. |
| (b) | Maximum order. The Contractor is not obligated to honor— |
(1) Any order for a single item in excess of the maximum hours stated;
(2) Any order for a combination of items in excess of the maximum hours stated; or
(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b) (1) or (2) of this section.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.
(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 10 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source. (End of clause) Note: The contractor shall NOT provide any service over the maximum number of hours stated for the base period or option.
H. 8 Evaluation of Options
It is anticipated that any contract(s) awarded from this solicitation will contain option provision(s) and period(s).
In accordance with FAR Clause 52.217-5, Evaluation of Options, (July 1990), the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement, except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests. Evaluation of options will not obligate the Government to exercise the option(s).
Section I Contract Clauses
I.1 Solicitation Provisions Incorporated by Reference (FAR 52.252-1, February 1998) & Clauses Incorporated by Reference (FAR 52.252-2, February 1998)
This Solicitation incorporates some FAR provisions/clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://www.acquisition.gov/far/index.html.
The provisions and clauses applicable to and incorporated in this RFP are those in effect through Federal Acquisition Circular (FAC) 2005-89.
I. 2 Provisions for Commercial Items
52.212-1 Instructions to Offerors—Commercial Items (Oct 2016)
52.212-4 -- Contract Terms and Conditions -- Commercial Items.
As prescribed in 12.301(b)(3), insert the following clause:
Contract Terms and Conditions -- Commercial Items (May 2015)
(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights --
(1) Within a reasonable time after the defect was discovered or should have been discovered; and
(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C.3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.
(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.
(d) Disputes. This contract is subject to 41 U.S.C. chapter 71,Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.
(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.
(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers.
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