RFP75R60224R00008 - OPTN Operations Transition.pdf

5600 Fishers Lane Rockville, MD 20857

Health Resources and Services Administration www.hrsa.gov

February 5, 2024

You are invited to submit a proposal in accordance with the requirements of the OPTN Operations Transition Solicitation, RFP No. 75R60224R00008, and Federal Acquisition Regulation (FAR) Part 15 and Part 16. The purpose of this requirement is to establish an Indefinity Delivery Indefinite Quantity (IDIQ) for the Organ Procurement and Transplantation Network (OPTN) Operations Transition solicitation. The period of performance will be a 12-month base period plus four (4) 12-month option periods. The NAICS code for this requirement is 541611, Administrative Management and General Management Consulting Services with a size standard of $24.5M and Product Service Code Q999, Medical-Other.

IMPORTANT NOTICE: This solicitation is in DRAFT form and is subject to potential revisions before the final version is officially posted on SAM.gov. Please be advised that the content of this draft solicitation may undergo amendments, and Offerors are encouraged to monitor SAM.gov for subsequent updates. The final solicitation is scheduled for release in March/April 2024.

Note that HRSA is not currently accepting proposals based on this draft solicitation. The primary purpose of releasing this draft is to signal HRSA’s intent to provide additional time for Offerors to familiarize themselves with the requirements of the upcoming final solicitation.

I. PRE-PROPOSAL CONFERENCE:

The Government intends to conduct a Preproposal Conference for the OPTN Transition IDIQ contracts.

The purpose of this conference is to provide interested Offerors with details related to the draft solicitations.

Date: February 15, 2024 Time: 1:00 – 1:45 PM EST Registration Link:

https://hrsa-gov.zoomgov.com/meeting/register/vJItcOuorjgpHXdT2UykucCzbBhUF8PNVTg

II. CONTRACT CLINIC:

The Government will host a contract clinic to aid interested Offerors in comprehending the OPTN Operations Transition solicitation. This clinic aims to acquaint Offerors with the Federal Acquisition Regulations and requirements outlined in the draft solicitation.

Contract Clinic for Operations Transition Date: February 21, 2024 Time: 1:00 – 3:00 PM EST Registration Link:

https://hrsa-gov.zoomgov.com/meeting/register/vJItd-ipqTIjGd1Niu3pCyw3UEHX4L5iWlk

III. QUESTIONS (for Draft RFP) Questions or issues for which you require clarification or correction by the Government must be submitted via the following vendor question intake form:

• OPTN Operations Transition: https://forms.office.com/g/FF1ccQn4GZ

In order to allow a reply to be provided to all prospective Offerors, your questions must be received no later than 12:00 PM Eastern Time (ET) on February 28, 2024. Questions received after the due date and time will not be considered. NO EXCEPTIONS.

https://hrsa-gov.zoomgov.com/meeting/register/vJItcOuorjgpHXdT2UykucCzbBhUF8PNVTg https://hrsa-gov.zoomgov.com/meeting/register/vJItd-ipqTIjGd1Niu3pCyw3UEHX4L5iWlk https://forms.office.com/g/FF1ccQn4GZ

Health Resources and Services Administration www.hrsa.gov

IV. QUESTIONS (for Final RFP) Please be advised that the Government will permit an additional period (TBD) for questions upon the release of the final solicitation.

V. ELECTRONIC PROPOPSAL SUBMISSION

Your Request for Proposal (RFP) shall be prepared in accordance with Sections L and M and the Performance Work Statement. This RFP does not commit the Government to pay any costs for the preparation and submission of a proposal nor does it commit the Government to make an award. Your proposal shall be received by the Contracting Officer, via email at ninazawa@hrsa.gov. Please submit as soon as possible, but no later than the dates in the table below:

ITEM DUE DATE DUE TIME

Phase 1, Vol I 4/26/2024 12pm EST Phase 2, Vol II 6/25/2024 12pm EST Phase 2, Vol III 6/25/2024 12pm EST Phase 2, Vol IV 6/25/2024 12pm EST Phase 2, Vol V 6/25/2024 12pm EST

It is the Offeror’s responsibility to obtain confirmation of proposal receipt. In the rare event of an e-mail malfunction, Offerors shall immediately notify the Contracting Officer or Contract Specialist via telephone prior to the solicitation closing date and time. Failure to do so will automatically deem an Offeror’s quote as late. Failure to submit a complete proposal prior to the solicitation closing date and time will render the quote late and unacceptable.

Your proposal must provide a contact name and number, your company name and complete address, including street, city, county, state, zip code, e-mail address, Tax Identification Number (TIN), and Unique Entity Identifier (UEI). The TIN must match the name of the vendor to whom the payments will be made.

Please note that FAR 52.204-7 System for Award Management (OCT 2018) applies to this acquisition.

The Contractor must be registered in the SAM database at www.sam.gov. "Registered in the SAM database" means that (1) the Contractor has entered all mandatory information into the SAM database; and (2) The Government has validated all mandatory data fields and has marked the record "Active". If you are not registered in the SAM, you may obtain information on registration and annual confirmation requirements via the internet at http://www.sam.gov or at 1-207-438-1690.

By submission of an offer, the Offeror acknowledges the requirement that a prospective awardee shall be registered in the System Award Management (SAM) database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation. If not registered in the SAM, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. SAM requires any prospective awardee to have a UEI number and be registered in the SAM database prior to award, during performance, and through final payment of any award resulting from this solicitation.

It is brought to your attention that the Contracting Officer is the only individual who can legally commit the Government to expenditure of public funds in connection with this proposed acquisition.

Requests for additional information concerning this RFP should be referred to Naomi Inazawa at ninazawa@hrsa.gov.

Sincerely yours, Naomi Inazawa Contract Specialist mailto:ninazawa@hrsa.gov http://www.sam.gov/ mailto:ninazawa@hrsa.gov

75R60224R00008

SOLICITATION, OFFER AND AWARD

4. TYPE OF SOLICITATION2. CONTRACT NUMBER 3. SOLICITATION NUMBER

7. ISSUED BY CODE 8. ADDRESS OFFER TO (If other than Item 7)

ORDER UNDER DPAS (15 CFR 700)

6. REQUISITION/PURCHASE NUMBER

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

NEGOTIATED (RFP)

SEALED BID (IFB)

5. DATE ISSUED

1. THIS CONTRACT IS A RATED RATING PAGE OF PAGES

1 2

C. E-MAIL ADDRESS

EXT.NUMBERAREA CODE

B. TELEPHONE (NO COLLECT CALLS)A. NAME

10. FOR

INFORMATION

CALL:

CAUTION: LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

(Date)(Hour) local timeuntildepository located in copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if hand carried, in the

SOLICITATION

9. Sealed offers in original and

PART IV - REPRESENTATIONS AND INSTRUCTIONS

OTHER STATEMENTS OF OFFERORS

EVALUATION FACTORS FOR AWARD

INSTRS., CONDS., AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND

LIST OF ATTACHMENTS

CONTRACT CLAUSES

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

I

J

K

L

M SPECIAL CONTRACT REQUIREMENTS

CONTRACT ADMINISTRATION DATA

DELIVERIES OR PERFORMANCE

INSPECTION AND ACCEPTANCE

PACKAGING AND MARKING

DESCRIPTION/SPECS./WORK STATEMENT

SUPPLIES OR SERVICES AND PRICES/COSTS

SOLICITATION/CONTRACT FORM

PART II - CONTRACT CLAUSESPART I - THE SCHEDULE

H

G

F

E

D

C

B

A

SEC. DESCRIPTION PAGE(S) (X) DESCRIPTION SEC. (X)

11. TABLE OF CONTENTS

18. OFFER DATE17. SIGNATURE

SUCH ADDRESS IN SCHEDULE.

IS DIFFERENT FROM ABOVE - ENTER

15C. CHECK IF REMITTANCE ADDRESS

EXT.NUMBERAREA CODE

15B. TELEPHONE NUMBER

(Type or print)AND

ADDRESS

OF

OFFEROR

CODE FACILITY

16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER15A. NAME

DATEAMENDMENT NO.DATEAMENDMENT NO.

and related documents numbered and dated):

amendments to the SOLICITATION for offerors

(The offeror acknowledges receipt of

14. ACKNOWLEDGEMENT OF AMENDMENTS

CALENDAR DAYS (%)30 CALENDAR DAYS (%)20 CALENDAR DAYS (%)10 CALENDAR DAYS (%)

(See Section I, Clause No. 52.232.8)

13. DISCOUNT FOR PROMPT PAYMENT

designated point(s), within the time specified in the schedule.

by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

OFFER (Must be fully completed by offeror)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

28. AWARD DATE

(Signature of Contracting Officer)

27. UNITED STATES OF AMERICA

25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print)

CODE 24. ADMINISTERED BY (If other than Item 7)

ITEM

(4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

41 U.S.C. 253 (c) ( 10 U.S.C. 2304 (c) (

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

21. ACCOUNTING AND APPROPRIATION20. AMOUNT19. ACCEPTED AS TO ITEMS NUMBERED

AWARD (To be completed by government)

CODE

02/05/2024 X

OAMP

HHS/HRSA/OO/OAMP

Office of Acquisition Management and Policy 5600 Fishers Lane, Rm 14W26B Rockville MD 20857

1200 ES 06/25/2024

NAOMI L INAZAWA

NInazawa@hrsa.gov

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PAGE(S)

JIMMY K. HUPALAR

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (Rev. 9-97)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

2-5

9-10 11-14 15-16

17-26

28-36

37-50

51-59

12. In compliance with the above, the undersigned agrees, if this offer is accepted within _____0_________ calendar days (60 calendar days unless a different period is inserted

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 2

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

75R60224R00008

(A) (B) (C) (D) (E) (F)

CONTRACT TITLE: Organ Procurement and

Transplantation Network (OPTN) Operations

Transition

PROCUREMENT ID: HSB115 C 6045

CONTRACT TYPE: Indefinite Delivery Indefinite

Quantity (IDIQ)

CONTRACTING OFFICE POINT OF CONTACT:

Naomi Inazawa

Health Resources and Services Administration

Office of Acquisition Management and Policy

5600 Fishers Lane

Rockville, MD 20857

Phone: 240-461-7245

Email: ninazawa@hrsa.gov

OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

NSN 7540-01-152-8067

OPTN Operations Transition IDIQ RFP No. 75R60224R00008

SECTION A – STANDARD FORM (SF) 33

This page intentionally left blank.

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 Purpose of Contract

The purpose of these Indefinite-Delivery-Indefinite-Quantity (IDIQ) contracts are to provide the services necessary to ensure the Organ Procurement and Transplantation Network (OPTN) and the Board of Directors can effectively carry out all mandated functions, including the operation and enhancement of the OPTN.

B.2 Compensation

1. Minimum Dollar Guarantee and Maximum Contract Limitation

Services will be acquired on an as-needed basis through the issuance of task orders across domains. A minimum of $2,500 is guaranteed during the life of the contract. The total cost of all task orders awarded during the life of the contract shall not exceed $450 million for all domains.

It is estimated that the maximum ceiling for each domain is as follows: $30 million for Domain 1, $145 million for Domain 2, $235 million for Domain 3, and $40 million for Domain 4.

Individual task orders may be awarded on a cost reimbursement, cost share, labor hour, time and material, firm-fixed price, or any combination. Task orders will be fully funded at the time of award and may contain option periods.

2. Unloaded Labor Category (LCAT) Ceiling Rates

The maximum unloaded hourly rates (specified below) are ceiling rates for the life of the contract.

These rates will be utilized as the rates for all types of TOs. Contractors shall not exceed these rates, for any reason. Contractors must adhere to HHSAR 352-231-70 Salary Rate Limitation (DEC 2015) and cannot bill the Government for more than the Executive Level II annual salary.

For task orders whose period of performance extends beyond the base contract period of five years, Contractors shall use the same escalation rate used to escalate rates for year four (4) and beyond.

Labor Category* Base Period Option Period One

Option Period Two

Option Period Three

Option Period Four

6-Month Extension

(FAR 52.217-8)

*The offeror shall include a description of the labor categories as part of the Business Proposal.

B.3 Cost Reimbursable Task Order

In accordance with the requirements stated in the contract, and in consideration of the satisfactory performance of the work performed in Section J, Attachment A, Performance Work Statement, the Government will reimburse the contractor on a cost-reimbursement basis for task orders of this type.

Each task order awarded under the contract on a cost-reimbursement basis shall include one or more of the labor categories in Section B.2, proposed labor rates for specific contracts shall not exceed the maximum rates set forth in B.2. All other direct costs, e.g., travel, supplies, etc., shall be reimbursed in accordance with individual cost proposals received under the task order and the requirements stated in the task order.

The Government is not obligated to reimburse the Contractor for any cost incurred in excess of each task order amount unless and until the Contractor has received written notification from the Contracting Officer, which modifies the task order amount. The Contractor shall notify the Contracting Officer in accordance with FAR 52.232-22 Limitation of Funds (APR 1984). No notice, communication or representation in any other form or from any person other than the Contracting Officer shall affect the value of the task orders.

1. Allowable Costs

Costs shall be determined by the Contracting Officer to be allowable in accordance with FAR Clause 52.216-7, Allowable Cost and Payment (Aug 2018) of the General Provisions and provisions of this Article.

2. Direct Costs

If a cost-reimbursement type task order is awarded, the contractor shall be reimbursed for all costs described below, incurred directly and specifically in the performance of the contract, claimed by the contractor and accepted by the Contracting Officer:

a. Salaries and wages of the contractor’s employees directly employed in performing the work required by the contract. Related fringe benefits if treated as a direct cost; otherwise, fringe benefits may be claimed as part of indirect costs below.

b. Materials and services required in the performance of the contract, after deducting all discounts for the purchase of such materials and services.

c. Consultant fees or other payments to consultants required in the performance of this contract shall not exceed the daily rate of $750/day, exclusive of travel costs. Consultant fees or other payments over the daily rate shall receive written approval by the Contracting Officer.

d. Travel and subsistence expenses exclusively in direct performance of the contract. The contractor shall be reimbursed for transportation costs and travel allowances in accordance with the established policy of the contractor, but subject to the following limitations:

i. Such transportation cost shall not be reimbursed in an amount greater than the cost of first-class rail or of economy air travel, unless economy air travel and economy air travel space are not available, and the contractor certifies to the facts in the voucher or other documents submitted for reimbursement. Travel allowances for per diem shall not exceed the prevailing Government rate except within the corporate limits of those cities and other specified areas where higher ceiling rates have been established by the General Services Administration (GSA) for Civil Service employees in travel status.

ii. The contractor shall be reimbursed for the cost of travel performed by its personnel in their privately owned automobile at the prevailing Government rate set by the Federal Travel Regulations, not to exceed the cost by the most direct economy air route between the points so traveled. If more than one person travels in such automobile, no additional charge shall be made by the contractor for such travel between such points.

iii. HRSA will not reimburse travelers for unauthorized or excess expenses.

3. Prior Authorization of Certain Direct Costs

Subcontracts and Purchase Orders:

a. Requirements for purchase orders and subcontracts are governed by FAR Clause

52.244-2, Subcontracts (Jun 2020) of the General Provisions except as may be indicated herein. The extent of subcontracting shall be in compliance with FAR 52.219-14 Limitations on Subcontracting (Oct 2022).

b. The contractor shall not incur any of the following costs without the prior written approval of the Contracting Officer. Incurrence of such costs with the intent of claiming reimbursement as direct costs under this contract shall be at the Contractors own risk:

i. Purchase or rental of any item of equipment, including furniture or office equipment, regardless of cost;

ii. Any rental agreement for real or personal property, or any term contract for maintenance;

iii. Travel for general scientific meetings; and

iv. Rearrangement, alternation, or relocation of facilities.

4. Indirect Costs

a. The allowable indirect costs under this contract shall be established in accordance with the General Provisions of this contract and FAR 52.216-7, Allowable Cost and Payment (Aug 2018).

b. Pending the establishment of the negotiated indirect cost rates the provisional rates below are approved for billing purposes only.

c. The fixed ceiling contract rates should be used for the life of the contract unless the cognizant auditing agency established lower rates.

Type Provisional Rate Fixed Ceiling Contract Rate

Fringe Benefits

Overhead

G&A

d. If the contractor does not have a current rate agreement, within the first ninety (90) days after the effective date of this contract, the contractor shall initiate a request for indirect cost rate agreement from the following:

Division of Financial Advisory Services

OAMP/OALM

National Institutes of Health

6011 Executive Blvd Room 549C-1 Rockville, MD 20852 301-496-4137 Inquiry Email: dfas-idc@nih.gov Submission Email: indirectproposalsub@nih.gov Website: https://oamp.od.nih.gov/division-of-financial-advisory-services/indirect-cost-branch/indirect-cost-submission

The request shall be accompanied by an indirect cost rate proposal and its supporting data. If the contractor does not comply with these requirements within the allotted time frame, then the Contracting Office will suspend all indirect costs being billed after ninety

(90) days. Failure to initiate an indirect rate agreement shall preclude the contractor from future task order awards.

e. The final indirect cost rates applicable to this contract shall not exceed the ceiling rates listed above; provided, however, that in the event the rates are determined by the cognizant negotiated indirect cost official, on the basis of actual allowable costs to be less than the provisional and ceiling rates agreed to herein, then the lower rates as established by such cognizant official shall apply.

f. Notwithstanding the foregoing, the contractor shall comply with the requirements of FAR

52.232-20 – Limitation of Cost (Apr 1984).

5. Fixed Fee

The Offeror shall propose a fixed fee structure for cost reimbursement and firm fixed price type Task Orders.

Cost Reimbursement Firm Fixed Price

Fixed Fee Range

The fixed fee shall be payable in monthly installments or in accordance with the established payment schedule in accordance with FAR Clause 52.216-8 Fixed Fee (Jun 2011) of the General Provisions upon determination by the Contracting Officer that the performance was satisfactory.

6. Task Order Payment Schedule

Task Order payment schedules shall be determined at the Task Order level.

mailto:indirectproposalsub@nih.gov https://oamp.od.nih.gov/division-of-financial-advisory-services/indirect-cost-branch/indirect-cost-submission https://oamp.od.nih.gov/division-of-financial-advisory-services/indirect-cost-branch/indirect-cost-submission

SECTION C – DESCRIPTION / SPECIFICATIONS

C.1 Performance Work Statement

Independently and not as an agent of the Government, the contactor shall furnish all personnel, material, facilities, services, and equipment as needed to perform the services under this contract and as set forth in Section J, Attachment A and made part of this contract.

SECTION D – PACKAGING AND MARKING

All reports and documents shall have, at a minimum in the document header, the contract number, and the COR’s name. All reports and documents shall have, at a minimum in the document footer, the author in the lower left corner, the page # of total # of pages in the center bottom of the page, and the date and /or version of the document (not the auto date) in the lower right corner.

The contractor shall deliver all items at the time indicated in the Deliverables Schedule at the Task Order level.

All deliverable reports are to carry at the top of the first page the following information:

1. Contract number

2. Deliverable item number

3. Deliverable item delivery due date

4. Date of submission

SECTION E – INSPECTION AND ACCEPTANCE

E.1 Inspection and Acceptance

The Contracting Officer Representative (COR), as a duly authorized representative of the Contracting Officer, shall assume the responsibilities for monitoring contractor performance, evaluating the quality of services provided by the contractor and performing final inspection and acceptance of all deliverables. Each Task Order issued under this contract will designate a COR to inspect and accept all work and services performed.

E.2 Inspection

FAR 52.246-4 Inspection of Services - Fixed-Price (Aug 1996) applies to fixed-price type task orders and is hereby incorporated by reference.

FAR 52.246-5 Inspection of Services - Cost Reimbursement (Apr 1984) applies to cost-reimbursement type task orders and is hereby incorporated by reference.

FAR 52.246-6 Inspection Time-and-Material and Labor-Hour (May 2001) applies to Time-and- Material and Labor Hour type task orders and is hereby incorporated by reference.

E.3 Quality Assurance Surveillance Plan (QASP)

The Government will monitor the Contractor’s performance under this contract in accordance with the

QASP.

The contractor shall perform all the requirements identified in this contract/task orders. The contractor shall supervise the reviews in accordance with Government Auditing Standards. The Task Order COR shall review and approve all work products and deliverables submitted by the contractor in accordance with the terms and conditions identified under the contract/task orders.

HRSA reserves the right to obtain and review working papers from the contractor for the period beginning with the effective date of the contract/task orders through its termination. These reviews shall be conducted at HRSA’s discretion at either the contractor’s site or at the appropriate HRSA office. When reviewed at the HRSA’s site, the working papers will be sent to the HRSA office for review and evaluation by HRSA staff. After completion of the review, HRSA may hold a conference with the contractor to discuss any issues. HRSA may choose to visit the contractor or subcontractor site during the audit to assess performance of the review.

The contractor shall maintain an internal quality control program adequate to ensure that the requirements of the contract/task orders are met.

As with the working paper review, HRSA reserves the right to obtain and review all working papers associated with the contractor’s internal quality control program. These reviews shall be conducted at HRSA’s site, the working papers will be sent to the HRSA office for review and evaluation by HRSA staff. After completion of the review, HRSA may hold a conference with the contractor to discuss any issues. HRSA may choose to visit the contractor and/or the subcontractor’s site during the review to assess performance of the reviews.

The QASP will be completed at task order award.

SECTION F – DELIVERIES OR PERFORMANCE

F.1 Period of Performance

The period of performance shall be a base period of (12) months and four (4) twelve-month option periods.

F.2 Place of Performance

The Place of Performance for this contract may vary and will be determined at the Task Order level, based on HRSA needs.

F.3 Observance of Federal Holidays

It is anticipated that no services or deliveries shall be performed on Saturdays, Sundays or Federal legal holidays, or any other Government closures unless superseded by the language set forth in individual task orders.

Official Holidays:

New Year’s Day January 1st Martin Luther King, Jr. Birthday 3rd Monday in January Washington’s Birthday 3rd Monday in February Memorial Day Last Monday in May Juneteenth National Independence Day June 19th Independence Day July 4th Labor Day 1st Monday in September Columbus Day 2nd Monday in October Veterans Day November 11th Thanksgiving Day 4th Thursday in November Christmas Day December 25th *Inauguration Day January 20th (following a Presidential election)

For work to be performed at Government site(s):

1. No services or deliveries shall be performed, nor shall HRSA reimburse a contractor for work performed on Saturdays, Sundays, Federal legal holidays, holidays set forth by Presidential Executive Order and any other Government closures, including closures for inclement weather, unless otherwise provided for in the terms of the contract. The contractor may not bill for hours not worked.

2. When the Government site is closed, there may be a rare emergency situation or a necessity for critical work to continue where the Contracting Officer or the Head of Contracting Activity may authorize work at the fixed hourly rate set forth in the contract.

F.4 Schedule of Deliverables

The contractor shall ensure all products and services delivered under Task Orders and this IDIQ contract are compliant with Section 508 in accordance with the Health and Human Services Acquisition Regulation (HHSAR). These Section 508 Standards were issued by the United States Access Board (https://www.access-board.gov/) and published in the Federal Register, on January 18, 2017, as the final rule (https://www.access-board.gov/guidelines-and-standards/communications-and- it/about-the-ict-refresh/final-rule). The final rule updates the Section 508 Standards along with accessibility guidelines for telecommunication products and equipment covered by section 255 of the Communications Act.

http://www.access-board.gov/) http://www.access-board.gov/) http://www.access-board.gov/guidelines-and-standards/communications-and-http://www.access-board.gov/guidelines-and-standards/communications-and-http://www.access-board.gov/guidelines-and-standards/communications-and-

The Section 508 Standards applicable to this contract are:

• Section 508 Standards and Guidelines (https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards-and- guidelines)

• Web Content Accessibility Guidelines (WCAG) 2.0

• Success Criteria, Level A and AA

• Chapter 3: Functional Performance Criteria (FPC)

• Chapter 5: Software

• Chapter 6: Support Documentation and Services

Regardless of format, all digital content or communications materials produced as a deliverable under this contract must conform to applicable Section 508 standards to allow federal employees and members of the public with disabilities to access information that is comparable to information provided to persons without disabilities. The contractor is responsible for remediating all deliverables that do not comply with the applicable requirements as set forth below.

HHS guidance regarding accessibility of documents can be found at http://www.hhs.gov/web/section-508/making-files-accessible/index.html

ICT vs. EIT In various places throughout HHS procurements and other Federal agencies’ contracting documents, you will see references to “EIT” (Electronic and Information Technology) and “ICT” (Information and Communications Technology). HHS considers these terms to be interchangeable, and “EIT” should always be interpreted to be “ICT” in any HHS procurement.

Note – The HHS Section 508 Product Assessment Template (PAT), that is referenced in Health and Human Services Acquisition Regulation (HHSAR) 352.239-73 Electronic Information and Technology Accessibility Notice (Dec 2015). Paragraph (c) and HHSAR 352.239-74 Electronic and Information Technology Accessibility (Dec 2015). Paragraph (b), (d) and (e) has been replaced with the Voluntary Product Accessibility Template (VPAT) Version 2.1 or later, is considered to meet HHS PAT requirement. The new form can be downloaded from https://www.itic.org/policy/accessibility/vpat.

Each Task Order shall require a specific list of deliverables and required due dates. Delivery dates shall be based on calendar days. Submission email address or physical address, and submission format will be identified in each Task Order.

F.5 Reporting Requirements and Deliverables

1. The Contractor shall submit the items in quantities and during the time periods indicated above to the following address or electronically as mutually agreed:

[To be completed at time of task order award]

2. The Contractor shall submit each deliverable items individually per the deliverable schedule.

F.6 Clauses and Provisions

Clause No. Title Date 52.242-15 Stop-Work Order AUG 1989 52.242-15 Stop-Work Order, Alternate I APR 1984 52.242-17 Government Delay of Work APR 1984 http://www.access-board.gov/guidelines-and-http://www.access-board.gov/guidelines-and-http://www.hhs.gov/web/section-508/making-files-accessible/index.html http://www.itic.org/policy/accessibility/vpat http://www.itic.org/policy/accessibility/vpat

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 Designation of Contracting Officer Representative (COR)

The person identified below is hereby designated as the IDIQ Contracting Officer Representative (COR). Each task order will designate a Task Order COR to ensure the technical objectives are met.

The Task Order COR shall provide the necessary information, direction, coordination, within the contractual work description.

Base IDIQ Contract COR:

TBD

U.S. Dept. of Health and Human Services Health Resources and Services Administration 5600 Fishers Lane Rockville, MD 20857

Phone Number: TBD Email: TBD

G.2 Contracting Officer’s Representative’s Responsibility

1. Technical Direction

The COR will provide the necessary information, direction, and coordination within the confines of the existing contractual work description in order for the contract to have a successful outcome for the government.

This includes providing technical direction to the contractor to guide the contract effort in order to accomplish the contractual performance work statement. This may include providing information to the contractor for assistance in the interpretation of government provided information, specifications or technical portions of the work description, and where required by the contract, review and approval of product deliverables of the contractor to the Government under the contract.

2. Contract Progress and Performance Management

The COR will be responsible for preparing performance evaluations in accordance with FAR 42.1502.

G.3 Restrictions on the Contracting Officer’s Representative’s Authority

Direction given by the COR to the contractor must be within the parameters of the performance work statement as stated in the Contract.

The COR may not issue any direction to the contractor that:

1. Solicits a proposal, or

2. Constitutes an assignment of additional work outside the performance work statement of this Contract, or

3. In any manner causes an increase in the total contract cost or the time required for contract performance, or

4. Changes any of the express terms, conditions, or specifications of the Contract (e.g., changes in the price or scope of work, instructions to start or stop work, approval of any actions that will result in additional charges to the government).

Issuance of changes that affect the articles, terms, or conditions of this contract will be accomplished through the Contracting Officer, who is the only party who can determine if a direction is within the performance work statement.

G.4 Key Personnel

The following individuals are designated as Personnel and considered to be essential to the work being performed under this contract:

Pursuant to the Key Personnel clause (HHSAR 352.242-70) referenced in Section I of this contract, the following individual(s) is (are) designated as Key Personnel and considered to be essential to the work being performed under this contract:

Key Personnel for the IDIQ:

• Project Manager

Key Personnel for Task Orders (TOs) will be determined at the TO level.

Prior to removing, replacing, or diverting the specified individual(s), the Contractor shall notify the Contracting Officer in writing and reasonably in advance, and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the contract. No diversion shall be made by the Contractor without the written consent of the Contracting Officer, provided that the Contracting Officer may ratify in writing changes made due to events beyond the control of the Contractor, and such ratification shall constitute the consent of the Contracting Officer required by this clause. Examples of events beyond the control of the Contractor are: (1) prolonged sickness, (2) termination of employment, and (3) death. Key personnel, with the consent of the Contracting Officer, may be amended from time to time during the course of the contract to either add or delete personnel, as appropriate.

G.5 Staffing Requirements

In performing duties under this contract and task orders, all personnel shall act in a professional manner. The general responsibilities of all contract/task order personnel are as follows:

1. Consistently exhibit teamwork (including with other vendors) and provides best value for customers by improving the quality of customer interaction and communication, and internally improving communication to increase the quality and value of service provided.

2. Demonstrate proactive behavior, provides timely responsiveness, and exhibits a sense of ownership and commitment in all dealings.

3. Consistently perform timely follow through to ensure quality completion of customer actions. Actively engages in customer partnering sessions and lessons learned sessions.

On a regular basis, shows initiative in problem identification and resolution.

4. Maintain the integrity and security of federally-owned property, including equipment, supplies, and information technology related hardware, software and data.

5. Effectively plan, organize, and prioritize work to accommodate agreed to dates/timelines as noted in task orders and produce clear and effective results of acceptable quality.

6. Refer new or unusual circumstances in a timely manner to the COR for guidance.

G.6 Evaluation of Contractors Performance

Interim and final evaluation of contractor performance (including options) on this contract shall be conducted in accordance with FAR Subpart 42.15 and entered into the Contractor Performance Assessment Reporting System (CPARS) (www.cpars.gov) (see Section J, Attachment D).

The Government will conduct an evaluation of contractor performance based on the completion of task orders issued under this contract that exceed $250,000.00.

G.7 Request for Task Order Proposal (RFTOP) Procedures

1. The contractor will be provided with an RFTOP, which shall include a performance work statement, statement of work, statement of Objective, schedule of deliverables, period of performance, surveillance plan (if required), evaluation criteria, task order type, and additional instructions as needed for each individual task order request.

2. The due date for task order proposals will be stated in each RFTOP and determined on a case-by-case basis, depending on the complexity of the requirement.

3. The contractor shall submit separate technical and cost/price proposals for each RFTOP issued unless expressly stated otherwise within the RFTOP.

4. Task orders may be awarded on a unilateral basis by the Government. If a task order is issued unilaterally, the contractor must begin work immediately, adhering to the dollar limit and period of performance stated on the face page of the task order.

G.8 Task Order Issuance

Task Orders may be issued by email or other electronic methods. Each task order awarded under this IDIQ contract will contain the following minimum information:

• Date of task order award

• Contract number and task order number

• Labor rates and hours of the proposed staff (if applicable)

• Pricing arrangement (i.e., fixed-price or cost-reimbursement)

• Total cost/price of task order

• Accounting and appropriation data

• Statement of work or performance work statement, schedule of deliverables, surveillance plan, and any special instructions

• Period of performance

• Key Personnel (if applicable)

• Name and contact information of the Task Order COR

G.9 Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP)

All Invoice submissions for goods and or services delivered to facilitate payments must be made electronically through the U.S. Department of Treasury’s Invoice Processing Platform System (IPP).

Invoice Submission for Payment means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial items contracts. The IPP website address is: https://www.ipp.gov.

The Department of Treasury will enroll the Contractors new to IPP. The Contractor must follow the https://www.ipp.gov/

IPP registration email instructions for enrollment to register the Collector Account for submitting invoice requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive Registration email from the Federal Reserve Bank of St. Louis (FRBSTL) within 3 to 5 business days of the contract award for new contracts or date of modification for existing contracts.

Registration emails are sent via email from ipp.noreply@mail.eroc.twai.gov. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email to IPPCustomerSupport@fiscal.treasury.gov or phone (866) 973-3131.

The Contractor POC will receive two emails from IPP Customer Support, the first email contains the initial administrative IPP User ID. The second email, sent within 24 hours of receipt of the first email, contains a temporary password. You must log in with the temporary password within 30 days.

If your company is already registered to use IPP, you will not be required to re-register.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment as authorized by HHSAR 332.7002, a written request must be submitted to the Contracting Officer to explain the circumstances that require the authorization of alternate payment procedures.

Additional HRSA Invoice Requirements:

(i) The contractor shall submit invoices under this contract once per month or as specified in the payment schedule. For indefinite delivery vehicles, separate invoices must be submitted for each order.

(ii) Invoices must break-out price/cost by contract line item number (CLIN) as specified in the pricing section of the contract.

(iii) Invoices that include time and materials or labor hours CLINS must include supporting documentation to (1) substantiate the number of labor hours invoiced for each labor category, and

(2) substantiate material costs incurred (when applicable).

(iv) Invoices that include cost-reimbursement CLINs must be submitted in a format showing expenditures for that month, as well as contract cumulative amounts. At a minimum the following cost information shall be included, in addition to supporting documentation to substantiate costs incurred.

Direct Labor - include all persons, listing the persons name, title, number of hours worked, hourly rate, the total cost per person and a total amount for this category;

Indirect Costs (i.e., Fringe Benefits, Overhead, General and Administrative, Other Indirects) - show rate, base and total amount;

Consultants (if applicable) - include the name, number of days or hours worked, daily or hourly rate, and a total amount per consultant;

Travel - include for each airplane or train trip taken the name of the traveler, date of travel, destination, the transportation costs including ground transportation shown separately and the per diem costs. Other travel costs shall also be listed;

Subcontractors (if applicable) - include, for each subcontractor, the same data as required for the prime Contractor;

Other Direct Costs - include a listing of all other direct charges to the contract, i.e., office supplies, telephone, duplication, postage; and

Fee - amount as allowable in accordance with the Schedule and FAR 52.216-8 if applicable.

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 Minimum Eligibility Requirements

Offerors submitting proposals for the OPTN Operations contract shall be subject to certain restrictions.

• Offeror must be able to perform as an independent and separate contractor from other OPTN contractor(s). For the purposes of this solicitation, this means that the OPTN Operations contractor is neither financially nor operationally dependent, in whole or in part, on any OPTN Board Support IDIQ contractor or subsidiary. This includes not being a Prime or subcontractor on any OPTN Board Support IDIQ contract or task order for the life of the contract.

H.2 Organizational Conflict of Interest (OCI)

1. PRE-AWARD ORGANIZATIONAL CONFLICT OF INTEREST

General: In accordance with FAR Subpart 9.5, all contractors submitting proposals in response to this solicitation must:

(1) Identify any actual, potential or perceived organization conflicts of interest or, in the absence of such conflicts, represent that no such organizational conflicts of interest exist.

(2) If any perceived organizational conflict is identified, provide an explanation why an actual or potential organizational conflict of interest does not exist.

(3) If any actual or potential organizational conflict exists, include a mitigation plan for addressing the conflict.

Disclosure: The contractor may be disqualified from award if it fails to provide or makes any misrepresentation in connection with required OCI disclosures.

The contractor shall disclose all OCIs that arise during the solicitation.

The contractor is required to flow down to its subcontractor OCI restrictions.

Misrepresenting or failing to disclose information related to OCIs may result in termination for default, debarment, prosecution for making of false statement, or other severe consequences.

In addition, given the work required under the OPTN Board Support solicitation, a perceived organizational conflict has been identified for offerors under all other OPTN Transition solicitations for OPTN Transformation Services, OPTN Operations; Organ Allocation and Distribution (Matching) System, Information Technology, and Data; and Communications. The services and products under these contracts shall be independent and beyond the question of integrity. It is perceived that the performance of these services biases the Contractor's judgment for the services required for the OPTN Board Support solicitation; therefore, OPTN Transition Offerors are prohibited from performing the OPTN Board Support solicitation's services.

Resolution: In the event the Contracting Officer determines that a conflict of interest exists, the Contracting Officer shall take action which may include requesting a mitigation plan from the Contractor, terminating part or all of the contract, modifying the contract or obtaining a waiver in accordance with applicable law, including FAR 9.503 as applicable.

2. POST-AWARD ORGANIZATIONAL CONFLICT OF INTEREST

Ongoing Contractor Monitoring and Mitigation: The Contractor shall have programs in place to identify, report to HRSA, and mitigate actual and potential conflicts of interest for itself, its employees, subcontractors and consultants. Any proposed mitigation plans must be approved by HRSA. The existence of such programs and the disclosure of known actual or potential conflicts are material performance requirements of this contract.

Disclosure and Reporting to HRSA: The Contractor shall report all actual and potential conflicts of interest pertaining to this contract to the Contracting Officer, including those that would be caused by a contemplated modification to this contact or another contract. Such reports shall be in writing (including by email). Upon request, the Contractor shall respond to a Contracting Officer's request for an OCI mitigation plan.

Resolution: In the event the Contracting Officer determines that a conflict of interest exists, based on disclosure from the Contractor or from other sources, the Contracting Officer shall take action which may include requesting a mitigation plan from the Contractor for HRSA’s review and approval, terminating part or all of the contract, modifying the contract or obtaining a waiver in accordance with applicable law, including FAR 9.503 as applicable.

H.3 Use of Appropriated Funds to acquire Food/Light Refreshments

It is the Department's policy that appropriated funds (whether from an annual appropriation, multi-year appropriation, appropriated user fee, mandatory appropriation, gift funds, or reimbursements from such appropriations, etc.) shall not be used to purchase food (whether for conferences or meetings; for meals, light refreshments, or beverages) for federal or nonfederal participants.

H.4 Equal Employment Opportunity Posters

In order to comply with the notice posting requirements of FAR clause 52.222-26 Equal Opportunity as incorporated into the contract, the contractor shall obtain the posters from the following link:

https://www.eeoc.gov/employers/poster.cfm.

SECTION I – CONTRACT CLAUSES

I.1 Federal Acquisition Regulation (FAR) (48 CFR Chapter 1) Contract Clauses

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) The 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. In addition, the full text of a clause may be accessed electronically at http://www.acquisition.gov/far/.

FAR 52.252-5 Authorized Deviations in Clauses (Nov 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Health and Human Services Acquisition Regulation (48 CFR Chapter 3) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions on Subcontractor Sales to the Government JUN 2020 52.203-7 Anti-Kickback Procedures JUN 2020 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal MAY 2014 Or Improper Activity 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity MAY 2014 52.203-12 Limitation of Payments to Influence Certain Federal JUN 2020 Transactions 52.203-13 Contractor Code of Business Ethics and Conduct NOV 2021 52.203-17 Contractor Employee Whistleblower Rights and Requirement JUN 2020 To Inform Employees of Whistleblower Rights 52.203-18 Prohibition on Contracting with Entities that Require Certain JAN 2017 Internal Confidentiality Agreements or Statements – Representation 52.203-19 Prohibition on Requiring Certain Internal Confidentiality JAN 2017 Agreements or Statements 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber MAY 2011 Content Paper 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier JUN 2020 Subcontract Awards 52.204-13 System for Award Management Maintenance OCT 2018 52.204-15 Service Contract Reporting Requirements for Indefinite OCT 2016 Delivery Contracts 52.204-22 Alternative Line Item Proposal JAN 2017 52.209-6 Protecting the Government’s Interest When Subcontracting NOV 2021 with Contractors Debarred, Suspended, or http://www.acquisition.gov/far/

Proposed for Debarment 52.209-9 Updates of Publicly Available Information Regarding OCT 2018 Responsibility Matters 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations NOV 2015 52.210-1 Market Research NOV 2021 52.215-2 Audit and Records—Negotiation JUN 2020 Alternate II AUG 2016 52.215-8 Order of Precedence—Uniform Contract Format OCT 1997 52.215-10 Price Reduction for Defective Certified Cost or Pricing Data AUG 2011 52.215-12 Subcontractor Certified Cost or Pricing Data JUN 2020 52.215-15 Pension Adjustments and Asset Reversions OCT 2010 52.215-17 Waiver of Facilities Capital Cost of Money OCT 1997 52.215-18 Reversion or Adjustment of Plans for Postretirement JUL 2005 Benefits (PRB) Other Than Pensions 52.215-19 Notification of Ownership Changes OCT 1997 52.215-21 Requirements for Certified Cost or Pricing Data and Data NOV 2021 Other Than Certified Cost or Pricing…