OND-S-09-0010-9-23-09-1.pdf

1. GENERAL INFORMATION

1.1 PURPOSE

The objective of this contract is to develop a Performance Reporting System (PRS) for the National Drug Control Strategy that is responsive to the requirements of the Office of National Drug Control Policy (ONDCP) Reauthorization Act of 2006 (P. L. 109-469) (Title II – The National Drug Control Strategy of the Act is presented as Attachment “A”), and provides the ONDCP Director and leadership with sound and timely information for policy, planning, and evaluation activities.

1.2 BACKGROUND/MISSION

Section 202 of the Office of National Drug Control Policy Reauthorization Act of 2006 (P. L.

109-469) requires that ONDCP establish and report on a performance measurement system with two and five-year performance measures and targets for each National Drug Control Strategy goal for reducing drug use, availability, and consequences. In addition to identifying programs and data sources, the system is required to evaluate the contributions of demand reduction and supply reduction activities. This system should provide ONDCP leadership with assessments to make informed decisions and gauge progress towards the goals of the National Drug Control Strategy.

2. SCOPE:

2.1 GENERAL

The contractor shall develop the Performance Reporting System (PRS) and provide assessments of the system, incorporating new data collection efforts as needed, and assist in the implementation of the system - drawing upon performance and evaluation research in addition to the knowledge and experience of drug-control agencies, state and local recipients of federal drug control funds, and substance abuse researchers and practitioners. The contractor is responsible for providing the PRS solution. For implementation, the contractor should also be prepared to work with drug control agencies to identify which metrics and data items will constitute an agency’s contribution to the PRS.

2.2 PERIOD OF PERFORMANCE:

The period of performance is for a base year of 12-months from date of award and four (4) 12-month option years.

2.3 PLACE OF PERFORMANCE:

The contractor is responsible for providing appropriate workplace facilities and equipment, and being available for meetings at ONDCP and other Federal agencies in the Washington DC Metropolitan Area.

2.4 STATEMENT OF OBJECTIVES (SOO):

The contractor shall accomplish the following performance objectives:

1. Contractor shall develop a comprehensive Performance Reporting System that satisfies ONDCP's Reauthorization Act of 2006, primarily Sections 201 and 202. The contractor shall be required to develop the System in collaboration with ONDCP and other relevant drug control agencies as needed. The contractor shall provide an brief concept paper of the new Performance Reporting System by December 1, 2009. The contractor shall provide a document that sets forth the first draft of the system by April 1, 2010. The contractor shall provide a final document describing the system in detail by June 30, 2010 and complete initial implementation by September 30, 2010.

2. Contractor shall provide an annual assessment of the system, including whether agencies are appropriately using the system. A separate contract is in progress for the establishment of a database for the Performance Reporting System. The contractor shall be responsible for providing assistance for the implementation of the system and the database. In circumstances where ONDCP determines the need for a more detailed evaluation of a drug control program, the contractor shall conduct no more than 2 evaluations per year, such evaluation(s) may include identifying why a desired end result has not occurred.

3. The contractor shall make any necessary modifications to the Performance Reporting System. The Performance Reporting System may require changes based on the outline, the first draft of PRS, or annual assessments of its implementation.

2.5 DELIVERABLES:

*December 1, 2009 - Brief concept paper describing the concept and approach for the PRS with examples of the types of measures planned in order to fulfill the requirements of the Reauthorization Act; steps and timeline for implementation of the plan; and anticipated obstacles and suggestions for addressing them. Also, identify relevant data sources, databases, and recommendations for issues that need to be resolved.

*April 1, 2010 – First draft of the PRS system including performance measures for the PRS; the resolution of technical problems relating to the validity and feasibility of these measures; and targets for the measures.

*June 30, 2010 – The final document should describe the details of the PRS and its implementation – including measures, targets, and relevant databases. Issues raised earlier should be addressed.

*First Month – Weekly briefings (slides) to the Office of Performance and Budget (OPB) on progress-to-date.

*Second Month – Semi-weekly briefings (slides) to OPB on progress-to-date.

*Quarterly briefings (slides) to OPB thereafter on progress-to-date.

*Ad hoc briefings as requested.

*Meetings as necessary with drug control agencies to address issues related to PRS and its implementation.

*Additional documents (to address issues and present the system to stakeholders) may also be required as needed to establish this system.

2.6 CONSTRAINTS:

Physical Security Constraints

• All Contractor personnel must be at least 18 years of age and U.S. Citizens.

• Personnel working on behalf of the EOP require security approval by the EOP Security

Office. Approval is granted after suitability is determined by considering the results from a name check performed by the Federal Bureau of Investigation (FBI).

• The Contractor is responsible for providing appropriate workplace facilities and equipment for fulfilling this contract requirement. Contractor shall also be available for meetings at ONDCP and other Federal agencies within the Washington, DC metro area.

2.7 KEY PERSONNEL

The Government desires a balanced team of key personnel to ensure that both operational and technical aspects of the BPA calls are successful. The Contractor shall propose appropriate personnel who shall be designated as “key” and identify the relevant labor categories for these positions. The following personnel are hereby designated as “key”:

For this Contract, Key Personnel shall be assigned for a minimum period of 12 months, barring circumstances outside the control of the Contractor, e.g., death, and disability. Should any Key Personnel choose to leave for another reason (e.g., higher pay, job dissatisfaction) prior to six months in place, then any costs incurred by the Government for security investigation for replacement personnel shall be the sole responsibility of the Contractor. Their replacement shall have equal or superior qualifications and be provided within 30 calendar days of their known departure.

2.7.1 Replacement Personnel

(a) Security investigations are very costly to the Government. The Contractor shall make every effort to preclude incurrence of costs by the Government for security investigations for replacement of employees, and in so doing shall ensure that otherwise satisfactory and physically able employees assigned hereunder remain in contract performance for at least one (1) year. The Contractor shall take all necessary steps to ensure that Contractor personnel selected for assignment are professionally qualified, personally reliable, of reputable background and sound character, and meet all other requirements stipulated herein.

(b) The fact that the Government performs security investigations shall not in any manner relieve the Contractor of its responsibility to ensure that personnel furnished are reliable and of reputable background and sound character. Should a security investigation conducted by the Government render ineligible a Contractor-furnished employee, the Contracting Officer will investigate the cause and determine whether the Contractor has abdicated its responsibilities to make every effort to select reliable employees of reputable background and sound character. Should there be a need to replace a contract employee due to non-performance; the Contracting Officer will investigate whether the Contractor has abdicated its responsibilities to select trained and experienced employees.

(c) Should the Contracting Officer determine that the Contractor has failed to comply with the terms of Section 7.5.1(a), the Contractor may be held monetarily responsible, at a minimum, for all reasonable and necessary costs incurred by the Government to (a) provide coverage (performance) through assignment of individuals employed by the Government or third parties in those cases where absence of Contractor personnel would cause either a security threat or program disruption and (b) conduct security investigations in excess of those which would otherwise be required.

(d) Nothing in this clause shall require the Contractor to bear costs involved in the conduct of security investigations for replacement of an employee who becomes deceased or severely ill for a long period of time.

(e) Acceptance by the Government of consideration to which the Government may be entitled shall not be construed to establish a course of conduct which will serve to limit the rights and remedies otherwise available to the Government. Under no circumstances shall the Contractor fail to comply with the terms and conditions set forth herein without assuming liability for such failure as may be established pursuant to the clause. The rights and remedies conferred upon the Government by this clause are in addition to all other rights and remedies specified elsewhere in the agreement and BPA call or established by law.

2.8 GOVERNMENT FURNISHED PROPERTY (GFP)/GOVERNMENT

FURNISHED INFORMATION (GFI):

Government Furnished Property

There will be no Government Furnished Property issued on this contract.

Government Furnished Information

ONDCP will provide contractor with access to information required to successfully complete the task. Contractors are required to comply with EOP security policies and procedures at all times with respect to protecting and controlling the use of this information. All government-furnished information will be provided to the contractor on a need to know basis.

3. ADMINISTRATIVE INFORMATION

3.1 Contracting Officer (CO)

Executive Office of the President (EOP) Office of Administration (OA) ATTN: Doris Wood Telephone: (202) 395-1126 Fax: (202) 395-3982 Email: dwood@oa.eop.gov

3.1.2 Contracting Officer’s Technical Representative (COTR)

a. The CO’s authorized COTR will be designated after award.

b. The COTR is the individual within the Program Management function who has overall technical responsibility for this effort. The COTR supports the CO during administration of this effort by:

1) Making final decisions regarding any recommended rejection of deliverables;

2) Providing technical clarification relative to overall workload matters;

3) Providing advice and guidance to the Contractor in the preparation of deliverables and services; and

4) Providing acceptance of deliverable products to assure compliance with requirements.

c. The COTR also provides technical direction to the Contractor, i.e., shifting work emphasis between areas of work, fills in details or otherwise serves to accomplish the purposes of this effort. Technical direction shall be within the general scope for this effort. The COTR does NOT have the authority to and may NOT issue any technical direction which:

1) Constitutes an assignment of work outside the general scope of this effort;

2) Constitutes a change as defined in the “Changes” clause;

3) In any way causes an increase or decrease in cost or the time required for performance;

4) Changes any of the terms, conditions, or other requirements of this effort; or

5) Suspends or terminates any portion of this effort.

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d. All technical direction shall be issued in writing by the COTR or will be confirmed by the COTR in writing within 10 calendar days after verbal issuance. A copy of the written direction shall be furnished to the CO.

e. In addition to providing technical direction, the COTR will:

1) Monitor the Contractor’s technical progress, including surveillance and assessment of performance, and recommend to the CO any changes in the requirement;

2) Assist the Contractor in the resolution of technical problems encountered during performance; and

3) Perform inspection and acceptance or recommendation for rejection of Contractor deliverables and identify deficiencies in delivered items. This does not replace any other quality assurance inspection requirements that are specified elsewhere within this SOO.

3.2 Invoice Submission

3.2.1 Address for Submission of Invoices

The Contractor shall submit invoices via email (.pdf format) for services provided, to the following:

Financial Management Division Office of Administration invoices@oa.eop.gov

Address questions to 202-395-7259

3.2.2 Invoice Description

Invoices shall be submitted to the Government office designated in the contract to receive invoices. To constitute a proper invoice, the invoice must include the following information and/or documentation:

• Name of business concern and invoice date

• Contract number, or other authorization for delivery of property or services

• Description, price, and services actually provided for each item billed

• Payment terms

• Name (where practicable, title, phone number, and complete mailing address of responsible official to whom payment is to be sent).

• Other substantiating documentation or information as required by the contract.

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4. EOP SPECIFIC REQUIREMENTS

4.1 RESTRICTION AGAINST DISCLOSURE

The Contractor agrees, in the performance of this Contract, to keep the information contained in the source documents or otherwise furnished by the EOP in the strictest confidence, said information being the sole property of the EOP. The Contractor also agrees not to publish, reproduce or otherwise divulge such information, in whole or in part, in any manner or form, nor authorize or permit others to do so, taking reasonable measures as are necessary to restrict access to the information, while in his or her possession, to those employees who must have the information to perform the work provided herein on a “need-to-know” basis, and agrees to immediately notify the Contracting Officer in writing in the event the Contractor determines, or has reason to suspect, a breach of this requirement. The Contractor is responsible for ensuring all employees involved in the performance of this Contract sign an “EOP Non-Disclosure Agreement” (Attachment B). The Contractor shall provide an original copy of each signed agreement to the Contracting Officer prior to each employee beginning work.

4.2 PROHIBITION OF ADVERTISING OF AWARD

The Contractor shall not refer to this award in commercial advertising or similar promotions in such a manner as to state or to imply that the product or services provided is endorsed, preferred, or is considered superior to other products or services by the Executive Office of the President (EOP), the Office of National Drug Control Policy, or the White House. This includes advertising or similar promotions, in all forms or electronic, broadcast, and print media.

In addition, the Contractor is restricted from reproducing the image(s) of the EOP or the White House in any form of commercial advertising or similar promotion. This includes images of official seals and buildings. The reproduction of official seals and the images of buildings are a matter controlled by regulation and Executive Order. Any proposed usage of such symbols must be brought to the attention of the Contracting Officer (CO).

4.3 POTENTIAL CONFLICTS OF INTEREST (FAR 9.5)

(1) There is potential for conflicts of interest (see FAR Subpart 9.5, Organizational and Consultant Conflicts of Interest) due to the nature of the work contemplated under this contract.

(2) As a part of the quote, the offeror shall provide the Contracting Officer with complete information about previous or ongoing work that is in any way associated with the contemplated acquisition and which may present a conflict of interest or the appearance of a conflict of interest

(3) The offeror shall inform the contracting officer whether, to the best of its knowledge and belief, it has any conflicts of interest as defined below:

a. “Conflict of interest” means a situation in which the Contractor (or any of its personnel, employees, or agents) has interests, either due to other activities or relationships with other organizations, which place it in a position that may be unsatisfactory or unfavorable (1) from the Government’s standpoint in being able to secure impartial, technically sound, objective assistance and advice from the Contractor, or (2) from industry’s standpoint in that unfair competitive advantages may accrue to the Contractor in question.

(4) If during the course of performance of this contract, the Contractor discovers an organizational conflict of interest with respect to the contract which has not been reported to the Government; the Contractor shall notify the Government of the conflict immediately and submit a proposed mitigation plan to the Government for approval. If the conflict cannot be avoided, eliminated or mitigated to the satisfaction of the contracting officer, the contract may be terminated.

(5) If during the course of performance of this contract, the Contractor discovers a personal conflict of interest with respect to one of its personnel working on the contract, the Contractor shall notify the Government of the conflict immediately and submit a proposed mitigation plan to the Government for approval. Personal conflicts of interest will be handled by the contracting officer on a case-by-case basis. Depending on the severity of the conflict, alternative staff may be appointed to work on the contract.

However, if substitution of personnel does not eliminate the conflict or the appearance of a conflict, the contract may be terminated.

(6) The Contractor shall also inform the Government of any business or other relationships which arise during the course of performance of this contract which create a potential conflict of interest or present an appearance of a conflict of interest on the part of the Contractor or the Contractor’s personnel.

4.4 PERSONNEL SECURITY REQUIREMENTS

For performance of this award, Contractors may need physical and logical access to the Executive Office of the President (EOP) Complex. This access requires approval by the EOP Security and Emergency Preparedness Office (OSEP). Approval is granted after suitability is determined by considering the results from a name check performed by the Federal Bureau of Investigation (FBI). Contractors may be granted access only after the approval. All Contractor personnel must be at least 18 years of age and U.S. citizens.

Contractors are responsible for providing personnel who meet EOP personnel security requirements. In this regard, Contractors are expected to perform initial background checks of potential employees. Failure to do so results in an unnecessary delay of beginning of contract performance; results in a waste of Government resources to do background checks on individuals who Contractors should have pre-screened; may result in unfavorable past performance evaluations for the Contractor, because of a failure to meet contract requirements; and may be a factor for evaluation of any award fees, if applicable.

Contractors shall be required to provide the following information of the Contractor staff that will need approval to gain access to the EOP Complex for performance of this contract:

- Full Name

- Date of Birth

- Social Security Number

- Mailing Address

- Phone Number

- Place of Birth

- Country of Citizenship

Contractors may be required to provide other information necessary to be granted access to the EOP Complex.

The Contractor shall provide this information to the designated COTR or the Contracting Officer.

Contractor personnel who require access to the complex for longer than 90 days will also be required to undergo a full-field FBI investigation, and other background investigations as deemed appropriate. Contractors must provide information to complete the full field background investigation on their start date at the EOP Complex or within two weeks of being notified that their work will extend for longer than a 90 day period. Permanent access (beyond 90 days) is granted only after EOP OSEP review and approval of the results of the investigations.

5. FAR CLAUSES

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more 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 http://www.acquisition.gov/far :

52.217-8 Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days before the contract expires.

52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days before the contract expires; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

6. ATTACHMENTS

• Attachment A – Title II—The National Drug Control Strategy

• Attachment B - EOP Non Disclosure Agreement

• Attachment C – Past Performance Survey

7. INSTRUCTIONS FOR SUBMISSION OF QUOTES

7.1 General Instructions

a. Contractors shall furnish the information required by this solicitation. A Standard Form 1449 shall be completed and signed by the Contractor and constitutes the Offeror's acceptance of the terms and conditions of the RFQ. Therefore, the form must be executed by a representative of the Contractor authorized to commit the offeror to contractual obligations.

b. Contractors are expected to examine this entire solicitation document including any attachments. Failure to do so will be at the Contractor's own risk.

c. The Government intends to make award based on initial quotes received without discussion of such quotes. Quotes shall set forth full, accurate, and complete information as required by this RFQ, including any Attachments. The penalty for making false statements in quotes is prescribed in 18 USC1001.

d. The Government will not pay any Contractor for preparation costs of its quote.

e. Contractors submitting restrictive data will mark it as follows: Contractors who include in their quotes data they do not want disclosed to the public for any purpose or used by the Government except for evaluation purposes, shall –

Mark the title page with the following legend:

"This quote includes data that shall not be disclosed outside the Government and shall not be duplicated, used or disclosed--in whole or in part--for any purpose other than to evaluate this quote. If, however, a Contract is awarded to this Contractor as a result of--or in connection with--the submission of this data, and the Government incorporates the quote as part of the award, the Government shall have the right to duplicate, use, or disclose the data. Also, this restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to the restriction is contained in sheets (insert numbers or other identification of sheets)"; and

Mark each sheet of data it wishes to restrict with the following legend:

"Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this quotation."

f. The Government assumes no liability for disclosure or use of unmarked data and may use or disclose the data for any purpose.

7.2 RESPONSE DUE DATES

7.2.1 Due Date for Quotes

The Contractor shall submit Parts I and II of the Quote by 10/20/2009 on the Standard Form 1449. Quotes shall be submitted by the designated due date/time via Federal Express to the Office of Administration, Procurement and Contract Management Office, c/o GSD/RDS, Anacostia Naval Annex, 250 Murray Lane, SW, Bldg. 410, Door 123, Washington, DC 20509;

Attn: Doris Wood (no faxes will be accepted). Your entire offer must be received by the time and date specified above in order to be considered for award.

NOTE: All questions regarding this RFQ/Solicitation are due by 12:00 noon on 9/28/2009, to solicitations@oa.eop.gov and dwood@oa.eop.gov .

Part I is the written Technical Quote and shall contain the following: (Sections shall be separated and appropriately labeled.)

• Technical Approach

• Management Approach

• Past Performance

• Assumptions

Part II is the written Price Quote and shall contain the following:

• Request For Quote / Contract / Order for Commercial Items (SF 1449)

• Price Supporting Data

• Assumptions

7.3 SUBMISSION OF QUOTE

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7.3.1 Part I – Technical Submission

The Technical Offer shall consist of the following:

Factor 1 - Technical Approach

Overview of Per formance-Based Solution

The Contractor shall provide an overview of the proposed solution, technical approach, to meet the performance objectives. The description of the proposed solution shall include a Requirements Traceability Matrix (RTM) that cross references the Offeror’s proposed services to the Office of National Drug Control’s requirements identified in the Statement of Objectives.

The strategy shall include a narrative explanation of the RTM, including a discussion of the strategy for structuring of the Contractor’s services. The description shall present the rationale for the proposed performance standards and performance measurement methodology and discuss how the total solution will ensure that the performance standards are met.

Per formance Work Statement for the Per formance-Based Solution

The contractor shall submit a detailed description of the work to be performed under this Contract and a work breakdown structure (WBS) that maps to the firm fixed-price Contract Line Items (CLINS) that will be proposed. The Performance Work Statement (PWS) shall include 1) Purpose, (2) Background, (3) Scope of Work, (4) Specific Requirements, (5) Schedule of Deliverables, and (6) Inspection and Acceptance and be numbered consistent with the WBS and shall incorporate proposed deliverable(s) description.

The PWS shall also include:

- Reference to Performance Work Statement

- ONDCP’s Performance Objectives(s) Supported

- Service Description

- Schedule of Deliverables

- Performance Standard (Service level to be provided)

Performance Measurement Methodology (Methods/tools/systems used to measure attainment and performance standards)

Frequency of Measurement Organizational Element Responsible for Measuring Performance Point of Collection Incentives/Disincentives (Based on performance standards)

The Performance Work Statement (PWS) and its attachments will be incorporated into the Contract.

Factor 2 - Management Approach

Management Plan

The Contractor shall provide a Management Plan describing its proposed management and performance of this effort and the experience, capability, roles and responsibilities for all personnel on your proposed project team to support the tasks described in the Statement of Objective and resulting Performance Work Statement. The Contractor shall identify the individual who will act as overall project manager and coordinator, and who will serve as a point of contact for its organization.

The Contractor shall provide resumes of all proposed staff, including subcontractors, limited to 2 pages per resume (no limit on number of resumes). Descriptions shall address such items as the individual's background, education, work experience, and accomplishments.

If subcontractors are proposed, the Contractor shall include a brief history of its relationship with this resource and how you propose to manage and assure the quality of work provided by them.

The discussion should also include the Contractor’s and Subcontractor’s physical location that will be used to accomplish services.

The Contractor shall also include in its plan a description of the project team's position within the structure of the corporate organization, the organization roles and responsibilities, and a discussion of how decisions will be made and projects will be monitored to assure quality and timeliness.

Quality Control (QC) and Per formance Measurement Approach: The contractor shall describe its QC and Performance Measurement approach, including how proposed performance standards will be monitored, evaluated and reported. Describe how the performance reporting system will ensure that performance evaluations will be used to effect performance improvement. The QC and Performance Measurement Approach shall be consistent with the Offeror’s corporate Quality Control Plan.

Factor 3 - Past Per formance

Contractor shall complete and submit summaries for three (3) relevant work projects. Each reference is limited to 2 pages. Identify contracts/task orders with the Federal Government and/or commercial customers that demonstrate recent and relevant past performance related to the purpose, scope and complexity of this requirement. Recent is defined as within the last three years. Relevant is defined as experience in providing similar services as stated in the Statement of Objectives. Past performance references shall include the following information:

• Government Agency/Organization;

• Contracting Officer’s Technical Representative (COTR's)/Point of Contact (POC) name, address, telephone number and email address;

• Contracting Officer's name, address, telephone number, and email address;

• Contract and, if applicable, task order number;

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

• Dollar value and type of contract;

• Name of company being referenced;

• SOO paragraphs that the reference applies to;

• Key personnel (please highlight those individuals who worked on the contract and who are also proposed for this effort); and

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

NOTE: The Contractor is responsible for ensuring information provided on the Agency/Organization’s points of contacts is accurate and complete. Contractor shall ensure that the points of contacts listed are aware they may be contacted for performance feedback.

It is critical that the Contractor include the CO and COTR telephone numbers and email addresses.

The Government may also consider information obtained through other sources.

Assumptions

Contractors must submit assumptions (if any) upon which the Technical Offer is based. The Government reserves the right to reject any Quote that includes any assumption or condition that is contrary to or takes exception to the Government’s requirements.

7.3.2

Factor 4 – Cost/Pr ice

The quote shall contain the following:

Solicitation / Contract / Request For Quote (SF 1449) When completed and signed by the Contractor constitutes the Contractor's acceptance of the terms and conditions of the RFQ.

Therefore, the SF1449 must be executed by representatives of the Contractor authorized to commit the Contractor to contractual obligations.

Price Schedule. The Contractor shall provide firm fixed prices for each contract line item.

Price Supporting Documentation The information requested in the quote is required to enable the Government to perform a price analysis. The Contractor is required to provide full back-up documentation to support the firm-fixed price for each contract line item/deliverable.

Assumptions Contractors must submit assumptions (if any) upon which the Price Quote is based. The Government reserves the right to reject any Quote that includes any assumption or condition that is contrary to or takes exception to the Government’s requirements.

8. EVALUATION AND AWARD

8.1 Method of Award

The Government anticipates awarding a Contract to one (1) Contractor as a result of this RFQ.

Unless all offers are rejected, the Government will award a contract resulting from this RFQ/Solicitation to the responsible Contractor whose offer conforming to the RFQ/Solicitation is determined to be the best overall value based on an evaluation of Technical Approach, Management Approach, Past Performance, and Price.

The Government intends to evaluate offers and award without discussions with Contractors;

however, the Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. Therefore, the Contractor’s initial quote should contain the best terms from a price and technical standpoint. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities or minor irregularities in offers received.

The Government may select for award the Contractor who is not necessarily the lowest priced, but whose technical quote represents the best value to the Government thus warranting the additional cost. The Government reserves the right to reject any Quote that includes any assumption or condition that is contrary to or takes exception to the Government’s requirements.

The Technical Factors of Past Performance, Technical Approach and Management Approach are in descending order of importance and, when combined, are considered more important than price.

8.2 TECHNICAL EVALUATION FACTORS

TECHNICAL EVALUATION FACTORS

Factor 1: Technical Approach Factor 2: Management Approach Factor 3: Past Performance

Factor 1: Technical Approach

Overview of Performance-Based Solution will be evaluated on how thoroughly it meets all of the Performance Objectives. The Government will evaluate the Contractor’s rationale for the proposed performance standards and performance measurement methodology and assess whether the total solution will ensure that the performance standards are met. The Government will also assess the soundness of the methodology and analytics and technical approach; feasibility of the proposed project and awareness of any pitfalls; innovation and creativity; and use of existing resources to conserve costs.

Performance Work Statement for the Performance-Based Solution and attachments shall be evaluated for completeness and consistency with the work-breakdown structure.

Factor 2: Management Approach

Management Plan. The Government will evaluate the Management Plan based upon the degree to which it provides:

• A sound approach to identifying and applying resources to accomplish the requirements in the Statement of Objectives in an appropriate and efficient manner;

• The sufficiency of qualified personnel to fulfill the requirements of the RFQ;

• Resumes shall be evaluated for the depth, breadth and quality of experience in

Performance Reporting Systems and assessments

• Clear lines of communication between the Contractor’s team and the Government for timely problem identification, mitigation and resolution;

• The adequacy of the Contractor’s proposed organizational structure to successfully perform, including quality control and contract compliance; and

Risk Management Plan shall be evaluated to assess risks related to performance of the proposed services to determine the adequacy of the risk avoidance/mitigation strategies.

Quality Control shall be evaluated to assess how the approach to measuring, evaluating, and improving performance is consistent with the proposed technical approach. Based on this approach, it will be determined whether the Contractor will be able to provide valid, timely performance information to the Government.

Factor 3: Past Per formance

The Contractor’s past performance will be evaluated based in part on the relevant experience in developing Performance Reporting Systems.

The information provided by the Contractor in the Relevant Past Performance Summaries may not serve as the sole basis of evaluation of past performance. The Government reserves the right to obtain and utilize information from sources other than those identified by the Contractor to include the Past Performance Information Retrieval System (PIPRS).

Past performance will be evaluated as a measure of the Government’s confidence in the Contractor’s ability to successfully perform. Thus, confidence ratings will be assigned based on the information obtained from the past performance evaluations.

In assessing the Contractor’s past performance, evaluators will consider the Contractor’s demonstrated ability to effectively manage resources, meet performance requirements, and ensure customer satisfaction. As such, the Contractor’s history of reasonable and cooperative behavior and commitment to customer satisfaction will be assessed, based on an overall assessment of the following criteria:

a. Quality of Products and Services--Assess the Contractor’s conformance to contract requirements, specifications, and standards of good workmanship;

b. Schedule – Assess the Contractor’s timeliness of performance against the schedule of activities;

c. Management Effectiveness – Assess the Contractor’s ability to provide and maintain personnel and other resources for the contract; and

d. Customer Satisfaction – Assess the Contractor’s responsiveness to customer Concerns.

Assumptions

All assumptions will be evaluated as part of the individual factor to which they apply. The Government reserves the right to reject any Quote that includes any assumption or condition that is contrary to or takes exception to the Government’s requirements.

8.4 PRICE QUOTE EVALUATION

Factor 4: Pr ice Quote Evaluation

The Contractor’s written price quote will be evaluated to determine whether the pricing for each deliverable is fair and reasonable. Prices that are excessively high or low (without sufficient justification) may be considered unrealistic and unreasonable and may receive no further consideration. The prices for each contract line item will be evaluated for each year of the contract to determine a total contract price.

Assumptions

All assumptions will be evaluated as part of the price quote. The Government reserves the right to reject any Quote that includes any assumption or condition that is contrary to or takes exception to the Government’s requirements.

ATTACH ME NT ‘‘A’’

TITLE I I ------TH E NATIONAL DR UG

CONTR OL STR ATE GY

SE C. 201. ANNUAL P R E P AR ATION AND SUBMISSION OF NATIONAL

DR UG CONTR OL STR ATE GY.

Sect ion 706 is amended to read as follows:

‘‘SE C. 706. DE VE LOP ME NT, SUBMISSION, IMP LE ME NTATION, AND

ASSE SSME NT OF NATIONAL DR UG CONTR OL STR ATE GY.

‘‘(a ) TIMING, CONTENTS, AND PROCESS FOR DEVELOPMENT AND

SUBMISSION OF NATIONAL DRUG CONTROL STRATEGY.------

‘‘(1) TIMING.------Not la ter than February 1 of each year , the President sha ll submit to Congress a Nat ional Drug Cont rol St ra tegy, which sha ll set for th a comprehensive plan for the year to reduce illicit drug use and the consequences of such illicit drug use in the United Sta tes by limit ing the availability of, and reducing the demand for , illegal drugs.

‘‘(2) CONTENTS.------

‘‘(A) IN GENERAL.------The Nat iona l Drug Cont rol St ra tegy submit ted under paragraph (1) sha ll include the following:

President .

21 USC 1705.

Not ifica t ion .

Deadline.

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120 STAT. 3514 PUBLIC LAW 109---469------DEC. 29, 2006

‘‘(i) Comprehensive, research-based, long-range, quant ifiable goa ls for reducing illicit drug use and the consequences of illicit drug use in the United Sta tes.

‘‘(ii) Annual quant ifiable and measurable object ives and specific ta rgets to accomplish long-term quant ifiable goa ls tha t the Director determines may be ach ieved dur ing each year beginning on the da te on which the Nat ional Drug Cont rol St ra tegy is submit ted.

‘‘(iii) A 5-year project ion for program and budget pr ior it ies.

‘‘(iv) A review of in terna t iona l, Sta te, loca l, and pr iva te sector drug cont rol act ivit ies to ensure tha t the United Sta tes pursues coordina ted and effect ive drug cont rol a t a ll levels of government .

‘‘(v) An assessment of cur ren t illicit drug use (including inha lan ts and steroids) and ava ilability, impact of illicit drug use, and t rea tment availability, which assessment sha ll include------ ‘‘(I) est imates of drug preva lence and frequency of use as measured by nat iona l, Sta te, and loca l surveys of illicit drug use and by other specia l studies of nondependent and dependent illicit drug use;

‘‘(II) illicit drug use in the workplace and the product ivity lost by such use; and ‘‘(III) illicit drug use by a rrestees, proba t ioners, and parolees.

‘‘(vi) An assessment of the reduct ion of illicit drug availability, as measured by------ ‘‘(I) the quant it ies of cocaine, heroin , mar ijuana , methamphetamine, ecstasy, and other drugs available for consumpt ion in the United Sta tes;

‘‘(II) the amount of mar ijuana , cocaine, heroin , methamphetamine, ecstasy, and precursor chemica ls and other drugs en ter ing the United Sta tes;

‘‘(III) the number of illicit drug manufactur ing labora tor ies seized and dest royed and the number of hecta res of mar ijuana , poppy, and coca cu lt iva ted and dest royed domest ica lly and in other count r ies;

‘‘(IV) the number of met r ic tons of mar ijuana , heroin , coca ine, and methamphetamine seized and other drugs; and ‘‘(V) changes in the pr ice and pur ity of heroin , methamphetamine, and cocaine, changes in the pr ice of ecstasy, and changes in tet rahydrocannabinol level of mar ijuana and other drugs.

‘‘(vii) An assessment of the reduct ion of the consequences of illicit drug use and ava ilability, which sha ll include------ ‘‘(I) the burden illicit drug users placed on hospita l emergency depar tments in the United Sta tes, such as the quant ity of illicit drug-rela ted services provided;

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PUBLIC LAW 109---469------DEC. 29, 2006 120 STAT. 3515

‘‘(II) the annua l na t ional hea lth ca re cost of illicit drug use; and ‘‘(III) the exten t of illicit drug-rela ted cr ime and cr imina l act ivity.

‘‘(viii) A determina t ion of the sta tus of drug t rea tment in the United Sta tes, by assessing------ ‘‘(I) public and pr iva te t rea tment u t iliza t ion ;

and ‘‘(II) the number of illicit drug users the Director est imates meet diagnost ic cr iter ia for t rea tment .

‘‘(ix) A review of the research agenda of the

Counterdrug Technology Assessment Center to reduce the ava ilability and abuse of drugs.

‘‘(x) A summary of the effor t s made to coordina te with pr iva te sector en t it ies to conduct pr iva te research and development of medica t ions to t rea t addict ion by------ ‘‘(I) screening chemica ls for potent ia l therapeut ic va lue;

‘‘(II) developing promising compounds;

‘‘(III) conduct ing clin ica l t r ia ls;

‘‘(IV) seeking Food and Drug Administ ra t ion approva l for drugs to t rea t addict ion ;

‘‘(V) market ing the drug for the t rea tment of addict ion ;

‘‘(VI) urging physicians to use the drug in the t rea tment of addict ion; and ‘‘(VII) encouraging insurance companies to reimburse the cost of the drug for the t rea tment of addict ion .

‘‘(xi) An assessment of Federa l effect iveness in ach ieving the Nat iona l Drug Cont rol St ra tegy for the previous year , including a specific evalua t ion of whether the object ives and ta rgets for reducing illicit drug use for the previous year were met and reasons for the success or fa ilu re of the previous year ’s St ra tegy.

‘‘(xii) A genera l review of the sta tus of, and t rends in , demand reduct ion act ivit ies by pr iva te sector ent it ies and community-based organiza t ions, including fa ith -based organiza t ions, to determine their effect iveness and the exten t of coopera t ion , coordina t ion , and mutua l suppor t between such en t it ies and organiza t ions and Federa l, Sta te, loca l, and t r iba l government agencies.

‘‘(xiii) Such addit ional sta t ist ica l da ta and informat ion as the Director considers appropr ia te to demonst ra te and assess t rends rela t ing to illicit drug use, the effect s and consequences of illicit drug use (including the effect s on ch ildren of substance abusers), supply reduct ion , demand reduct ion , drug-rela ted law enforcement , and the implementa t ion of the Nat iona l Drug Cont rol St ra tegy.

‘‘(xiv) A supplement reviewing the act ivit ies of each individual Nat ional Drug Cont rol Program agency dur ing the previous year with respect to the Nat iona l Drug Cont rol St ra tegy and the Director ’s assessment VerDate 14-DEC-2004 20:21 Jan 13, 2007 Jkt 059139 PO 00469 Frm 00015 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL469.109 APPS22 PsN: PUBL469

120 STAT. 3516 PUBLIC LAW 109---469------DEC. 29, 2006

of the progress of each Nat iona l Drug Cont rol Program agency in meet ing it s responsibilit ies under the Nat ional Drug Cont rol St ra tegy.

‘‘(B) CLASSIFIED INFORMATION.------Any conten ts of the Nat ional Drug Cont rol St ra tegy tha t involve in format ion proper ly classified under cr iter ia established by an Execut ive order sha ll be presen ted to Congress separa tely from the rest of the Nat iona l Drug Cont rol St ra tegy.

‘‘(C) SELECTION OF DATA AND INFORMATION.------In select ing da ta and informat ion for inclusion under subparagraph (A), the Director sha ll ensure------ ‘‘(i) the inclusion of da ta and informat ion tha t will permit analysis of cur ren t t rends aga inst previously compiled da ta and informat ion where the Director believes such ana lysis enhances long-term assessment of the Nat iona l Drug Control St ra tegy; and ‘‘(ii) the inclusion of da ta and informat ion to permit a standardized and uniform assessment of the effect iveness of drug t rea tment programs in the United Sta tes.

‘‘(3) P ROCESS FOR DEVELOPMENT AND SUBMISSION.------In developing and effect ively implement ing the Nat iona l Drug Cont rol St ra tegy, the Director ------ ‘‘(A) sha ll consult with------ ‘‘(i) the heads of the Nat ional Drug Cont rol Program agencies;

‘‘(ii) Congress;

‘‘(iii) Sta te, loca l, and t r iba l officia ls;

‘‘(iv) pr iva te cit izens and organiza t ions, including community and fa ith -based organiza t ions with exper ience and exper t ise in demand reduct ion ;

‘‘(v) pr iva te cit izens and organiza t ions with exper ience and exper t ise in supply reduct ion ; and ‘‘(vi) appropr ia te representa t ives of foreign governments;

‘‘(B) in sa t isfying the requirements of subparagraph (A), sha ll ensure, to the maximum exten t possible, tha t Sta te, loca l, and t r iba l officia ls and relevant pr iva te organiza t ions commit to suppor t and take steps to ach ieve the goals and object ives of the Nat ional Drug Cont rol St ra tegy;

‘‘(C) with the concurrence of the At torney Genera l, may require the El Paso In telligence Center to under take specific tasks or project s to suppor t or implement the Nat ional Drug Cont rol St ra tegy; and ‘‘(D) with the concurrence of the Director of Nat ional In telligence and the At torney Genera l, may request tha t the Nat ional Drug In telligence Center under take specific tasks or project s to suppor t or implement the Nat iona l Drug Cont rol St ra tegy.

‘‘(b) SUBMISSION OF REVISED STRATEGY.------The President may submit to Congress a revised Nat iona l Drug Cont rol St ra tegy tha t meets the requirements of th is sect ion------ ‘‘(1) a t any t ime, upon a determinat ion of the President , in consulta t ion with the Director , tha t the Nat iona l Drug Control St ra tegy in effect is not sufficien t ly effect ive; or ‘‘(2) if a new President or Director takes office.’’.

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PUBLIC LAW 109---469------DEC. 29, 2006 120 STAT. 3517

SE C. 202. P E R F OR MANCE ME ASUR E ME NTS.

Sect ion 706 is amended by adding a t the end the following:

‘‘(c) PERFORMANCE MEASUREMENT SYSTEM.------Not la ter than February 1 of each year , the Director sha ll submit to Congress as par t of the Nat ional Drug Cont rol St ra tegy, a descr ipt ion of a na t ional drug cont rol performance measurement system, tha t ------ ‘‘(1) develops 2-year and 5-year per formance measures and ta rgets for each Nat iona l Drug Cont rol St ra tegy goa l and object ive established for reducing drug use, ava ilability, and the consequences of drug use;

‘‘(2) descr ibes the sources of informat ion and da ta tha t will be used for each performance measure incorpora ted in to the per formance measurement system;

‘‘(3) iden t ifies major programs and act ivit ies of the Nat ional Drug Cont rol Program agencies tha t suppor t the goals and annual object ives of the Nat ional Drug Cont rol St ra tegy;

‘‘(4) eva lua tes the cont r ibu t ion of demand reduct ion and supply reduct ion act ivit ies as defined in sect ion 702 implemented by each Nat ional Drug Cont rol Program agency in suppor t of the Nat iona l Drug Cont rol St ra tegy;

‘‘(5) monitors consistency between the drug-rela ted goa ls and object ives of the Nat ional Drug Cont rol Program…