SOLICITATION - official.pdf

RFP 24361820R0002

Federal Flexible Spending Account Program

(FSAFEDS)

Administration Services

Multiple Agency Contract (MAC), Indefinite Quantity

Request for Proposal Number

24361820R0002

Issue date: April 14, 2020

United States Office of Personnel Management

1. PURPOSE

The Purpose of this RFP is to solicit responses for a contractor to provide FSAFEDS Program Administration Services described in the Performance Work Statement (PWS) attached.

2. BACKGROUND

This solicitation is associated to the Sources Sought Notice (SSN) #24361819S0005. Offerors responding to this solicitation are NOT required to have participated in the market research phase or responded to the SSN in order to be considered eligible to respond to this solicitation.

3. CONTRACT TYPE and NUMBER OF AWARDS The Government anticipates awarding a single competitive procurement action, open market, unrestricted as to business size. Contract type will be a Multiple Agency Contract (MAC), Indefinite Quantity, available for use by all federal agencies Government wide.

The Indefinite Quantity MAC will have a minimum order guarantee equal to the value of the first task order. The first task order will obligate funds for the Start Up Period / Start Up Costs only.

Performance beyond the Start Up Period cannot occur unless and until the Contractor has achieved Authorization to Operate (ATO) during the Start Up Period, and therefore no guarantees can be given for any work beyond the Start Up Period. Agencies whose employees enroll in FSAFEDS benefits will be required to award their own task orders against the MAC for payment of their share of costs to the Contractor. The maximum order value for the MAC shall not exceed an aggregate total of $250 million.

Although the work may include multiple NAICS codes, the primary NAICS Code for this requirement will be 524292, Third Party Administration of Insurance and Pension Funds. The small business size standard for this NAICS is $35.0 million. The Product Service Code (PSC) is R711, Support – Management: Banking.

4. PRICING

Contract pricing will be Fixed Price, but quantities of those Fixed Price services will be indefinite. Pricing quoted in response to this RFP will be valid for the entire period of the contract and is not subject to redetermination, other than as applicable under the Service Contract Act. Offerors shall include any price increases for performance in future years in their quoted pricing.

5. DATE OF AWARD

Anticipated date of award is on or about June 30, 2020.

6. PERIODS OF PERFORMANCE

The contract will have a maximum of 54 months of performance periods available. Anticipated Periods of Performance and Dates are as noted below.

Start-Up Period Approximately 6 months Date of Award through December 31, 2020 (ATO to be achieved by December 31, 2020)

BASE PERIOD ONE 12 months January 1, 2021 through December 31, 2021 BASE PERIOD TWO 12 months January 1, 2022 through December 31, 2022 BASE PERIOD THREE 12 months January 1, 2023 through December 31, 2023 OPTION PERIOD ONE 12 months January 1, 2024 through December 31, 2024

Refer to PWS for further details.

The start and end dates for each task order will be specified at the time of issuance of each call and shall not extend beyond the stated periods of performance in the master contract.

7. COMMITMENT OF PUBLIC FUNDS

A warranted, Government Contracting Officer (CO) is the only individual who can legally commit the Government to the expenditure of public funds in connection with the proposed acquisition or any task orders. Any other commitment, either explicit or implied, is invalid.

8. COMMUNICATIONS PRIOR TO AWARD

All communications are to be in writing. Phone calls will not be accepted. All communications shall be directed to the attention of:

Shireen Belanger, Contract Specialist Shireen.Belanger@opm.gov

NOTICE: In keeping with the Federal Acquisition Regulation (FAR), OPM adheres to the guidelines outlined in the FAR Part 1.102-2(c), which is to conduct business with integrity, fairness, and openness. In order to avoid any appearance of impropriety, the OPM Contracting Officer reserves the right to terminate contractor participation in a Request for Proposal for unauthorized contact with customers, presentation of gifts to Government officials, use of defamatory statements, or other inappropriate behavior.

9. QUESTIONS

All questions regarding this solicitation must be submitted to the email address indicated above no later than 2:00 pm Eastern Time (ET) on April 20, 2020. Telephone calls will not be accepted.

10. EXCEPTIONS, DEVIATIONS AND ASSUMPTIONS

All offeror proposals shall be devoid of any exceptions or deviations. Any stated exceptions or deviations shall be considered non-responsive. It is the offeror’s responsibility to seek clarification of any conditional assumptions PRIOR to the closing date for the RFP by asking questions during the specified period.

11. PREPARATION COSTS

This RFP does not commit the Government to pay for the preparation and submission of a proposal or any part of a proposal.

12. RESPONSIVENESS

Only those proposals that fully meet all the requirements as outlined in this solicitation and respond in accordance with the instructions to offerors will be considered responsive. Proposals that fail in any of the categories included, but not limited to those below may be considered non-responsive:

Failure to submit all required documents Failure to adhere to page limitations or font restrictions Failure to utilize provided templates when required Failure to follow directions on the Quote Schedule regarding pricing Failure to submit documents in separate files as specified Failure to provide proper signature types on documents requiring signature (see Section

16 below)

The Government reserves the right not to seek replacement of missing documents. The Government reserves the right not to seek correction or resubmission of proposals or parts of proposals considered non-responsive or non-compliant. Non-responsive offerors may be eliminated from further consideration.

13. POTENTIAL AWARD WITHOUT DISCUSSIONS

The Government reserves the right to award based on its evaluation of the proposals submitted without discussions.

14. INSTRUCTIONS TO OFFERORS - GENERAL

a) Refer to FAR 52.212-1, Instructions to Offerors – Commercial Items

b) Definitions:

Proposal modification is a change made to a proposal before the solicitation’s closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.

Proposal revision is a change to the proposal made after the solicitation closing date, at the request of or as allowed by a CO as a result of negotiations.

c) Amendments to solicitations – If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).

d) Proposal expiration date – Proposals in response to this solicitation shall be valid at least through December 31, 2020.

15. FORMATTING AND PAGE LIMITATIONS

All documents submitted in response to this solicitation must use a minimum 11-point font size, and paragraphs must be separated by at least one blank line. Documents shall include appropriate page numbering and identify the company name, solicitation number and date in either the header or footer of each page.

Margins – Top, Bottom, Left, Right – 1” Gutter – 0”

From Edge – Header, Footer - 0.5” Page Size, Width – 8.5” Page Size, Height – 11” Orientation - Portrait

Tables and illustrations may use a reduced font size of not less than 8-point and may be landscape.

Any pages beyond the stated page limits will not be evaluated. Page limits are applicable to tables, graphs, drawings and any other attachments submitted with the proposals and not specifically excluded by the solicitation. Index, divider tabs, table of contents, glossary and Past Performance Questionnaires (PPQs) will not be counted toward the maximum page limitations.

16. SIGNATURES

On any documents which require a signature or dated signature, the Government requires either:

a “wet-ink” signature made on paper with a pen then scanned to a pdf file, or an electronic signature which contains a digital certificate proving the identity of the signer A typed name in script font is NOT acceptable on any form submitted to the Government which calls for a signature.

The Government reserves the right not to seek replacement or correction of documents requiring a signature which do not comply with the signature requirements above.

17. SUBCONTRACTING

The Government considers the prime offeror and any subcontractors as a single entity. The prime contractor must demonstrate the capability of performing the required services, including at a minimum, the management and oversight. Management and oversight functions shall not be subcontracted. Post award changes involving subcontracting shall not be considered. If the offeror intends to use ANY subcontractors, proposal responses MUST provide details of the subcontracting plan.

For this solicitation, ALL subcontractors proposed regardless of business size of the prime or the subcontractor, MUST:

a) Be actively registered in SAM, not subject to any offsets, and not have any active exclusions; AND

b) Be a U.S. owned company, doing business physically in the U.S. or its outlying areas, performing under this contract from within the U.S. or its outlying areas, and all employees supporting the performance of this contract must be physically located within the U.S. or its outlying areas; AND

c) Disclose any previous company names / DUNS, parent company or subsidiary, related to the current company (including but not limited to any mergers, acquisitions, consolidations, novation, or other changes in name, DUNS number, or structure) for the past eleven (11) years, as well as any bankruptcies filed by any of those entities.

Subcontractors shall have had no bankruptcies under any company names or DUNS used at present or for the past eleven (11) years.

Teaming Agreements and Joint Ventures:

a) Contractor Teaming Agreements: OPM is not considering Contractor Teaming Agreements in response to this solicitation.

b) Joint Ventures: A Joint Venture (JV) is equivalent to a single entity and will be considered as one (1) company. Offerors proposing as a JV shall submit their JV agreement. Post-award changes shall not be considered.

NOTE: Other than Small Business offerors must also submit a Small Business Subcontracting Plan using Attachment 9. Large businesses must submit acceptable subcontracting plans to be eligible for award. Subcontracting plans shall reflect and be consistent with the commitments offered in the Small Business Participation Commitment Document (Attachment 7).

The Small Business Subcontracting Plan is not a requirement for evaluation, but rather, a requirement for award to a large business and will be incorporated and conformed into resulting contract. Other than Small Business Offerors that have commercial subcontracting plans must still submit both Attachments 7 and 9.

18. SMALL BUSINESS PARTICIPATION

All offerors (regardless of business size) shall complete and submit a Small Business Participation Commitment Document (SBPCD). A template is provided for use as Attachment

7. The SBPCD will be evaluated on the extent of proposed participation/commitment to use of U.S. small businesses in the performance of this requirement (as small business prime offerors or small business subcontractors) relative to the objectives and requirements established. Refer to Evaluation Factors for further detail. If assistance is needed to locate small business sources, please contact the Small Business Administration (SBA).

Small business prime contractors are required to perform at least 51% of the work under the contract themselves, including the management and oversight before subcontracting any remaining portions. Management and oversight of the contract shall not be subcontracted, regardless of the business size of the prime or the subcontractor.

The baseline percentage required for Small Business Participation on this solicitation is 25% of Total Contract Value.

The work to be performed directly by a small business prime offeror will also be considered as Small Business Participation. The Small Business Participation Commitment Document will become part of the resultant contract. Offerors whose proposal includes an enforceable commitment to include more than the baseline percentages and involve small business in more technically complex work will be evaluated more favorably for the relative evaluation factor.

As a point of reference, the U.S. Office of Personnel Management (OPM) has the following Small Business goals as an agency for Fiscal Year 2020:

50% for all small businesses 5% for small disadvantaged businesses 5% for women-owned small businesses 3% for HUBZone small businesses 3% for service-disabled, veteran owned small business concerns

19. EVALUATION PROCEDURE and FACTORS FOR AWARD In accordance with FAR 52.212-2 Evaluation – Commercial Items, the Government will award a SINGLE Indefinite Quantity Multiple Agency Contract (MAC) to the responsible offeror whose offer conforming to the solicitation is considered most advantageous to the Government, price and other factors considered.

The Government will utilize a Two-Part Evaluation Process, with both Pass/Fail and Adjectival Ratings, and perform a Firm Downselect after completion of the Pass/Fail Evaluations.

a) In Part One of the Evaluation process, the Government will utilize PASS/FAIL criteria to determine the Offerors who meet certain minimum standards. Following completion of the PASS/FAIL Evaluations, a firm downselect will take place, which will remove offerors from further consideration who have FAILED in one or more of the PASS/FAIL Factors. All PASS/FAIL Factors are of equal importance. Only offerors who have PASSED all PASS/FAIL Factors will remain in consideration and have the remainder of their proposal package evaluated.

The following factors will be evaluated with PASS/FAIL criteria in Phase One:

Factor 1: Financial Capability and Financial Risk The Offeror shall submit the past two years of 10K Annual Reports. If the Offeror is not required (by SEC regulation) to complete a 10K Annual Report, then the Offeror shall submit an audited report for each of the past two years, which includes, at a minimum, the below information. The Government will review the Offeror’s annual or audited reports and evaluate the following elements:

Current Assets Total Assets Current Liabilities Total Liabilities Net Worth Premium Revenue

Benefits Expense Total Revenue Total Expense Net Income (Loss) Operating Margin Working Capital

Using elements drawn from the annual reports, the Government will calculate a set of ratios and determine trends which will help us determine favorability. Those ratios are as follows:

a) Current Ratio (Current Assets / Current Liabilities) – This ratio is used to measure a company’s ability to pay its short-term liabilities from short-term assets. It is a test to determine the ability of a company to liquidate its current obligations and to finance operations. Generally the higher the current ratio is, the greater the “cushion” is between obligations and a company’s ability to pay them. A ratio of at least 1.00 indicates that a company has adequate current assets to cover current obligations. When ratios and ratio trends are positive and increasing they are considered “favorable”

b) Quick Ratio (Quick Assets / Current Liabilities) – This ratio measures a company’s ability to pay off its short-term obligations from assets readily convertible to cash. Quick assets are cash, short term investments, and accounts receivable. Generally, the higher the quick ratio is, the greater the “cushion” is between obligations and a company’s ability to pay them. A ratio of at least 1.00 indicates that a company has adequate current assets to cover current obligations. When ratios and ratio trends are positive and increasing they are considered “favorable”

c) Return on Investment Ratio (ROI) (Net Income / Total Assets) – This ratio is a measure of economic performance, and it is used as an indicator of management’s effectiveness, a measure of a company’s ability to earn a satisfactory return on investment, and a method of projecting earnings. It is a key indicator of profitability for a firm. A company efficiently using its assets will have a relatively high ROI ratio, while in less efficient businesses, it will be relatively low. A positive ROI ratio is considered favorable.

d) Debt to Equity Ratio (Total Debt / Equity) – All liabilities (both short and long term) and all stockholder’s equity, including retained earnings, are included in this calculation. This ratio assists in determining the relative size of the claims of the creditors compared to the claims of the owners. High levels of debt can restrict management and increase risk to the owners. A lower ratio, normally indicates greater long-term financial safety. In general, total liabilities should not exceed stockholders’ equity (a ratio of 1.00). Decreasing, positive ratios less than

1.00 are favorable.

e) Capital Turnover Ratio (Working Capital / Total Assets) – Working Capital is defined as the difference between current assets and liabilities. The working capital to assets ratio is a measure of the net liquid assets of the company relative to its total capitalization. Ordinarily a company experiencing consistent operating losses will have shrinking current assets in relation to total assets. Generally, a working capital ratio of < 1.0 is taken as indicative of potential future liquidity problems, while a ratio of 1.5 to 2 is interpreted as indicating a company on solid financial ground in terms of liquidity.

f) Cash Flow to Debt Ratio (Cash Flow / Total Debt) – Cash flow is defined as Net Income plus Depreciation, Depletion, and Amortization. The cash flow to total debt ratio is an indicator of the adequacy of available funds to satisfy debt obligations. In general, a cash debt coverage of over 1.5 is considered a favorable ratio result, which means that the company’s operating cash flow is 1.5 times greater than its total liabilities. That's to say, the company can easily cover its debt obligations by using its current operating cash flow.

Once these calculations and assessments have been completed, the Government will assess Financial Risk with regards to the potential to disrupt schedule, cost or performance, as well as the level of effort required on the part of the Government to overcome these risks.

For the PASS/FAIL portion of the Evaluation process, only Offerors who have a Financial Capability rating of “Marginally Acceptable” or higher, and a Financial Risk Rating of either “Moderate” or “Low” Risk will receive a “PASS”

For Financial Capability, “Marginally Acceptable” is defined as “One (1) of the six (6) ratios calculated as defined above is somewhat unfavorable for one or both years, but shows an improvement trend between years one and two; OR Two (2) of the ratios are somewhat unfavorable for the earlier year, and favorable for the later year, but both show an improvement trend between years one and two.”

For Financial Capability, “Moderate Risk” is defined as “Can potentially cause some disruption of schedule, increased cost, or degradation of performance.

Special Contractor emphasis and close Government monitoring will most likely be sufficient to overcome any difficulties.”

Factor 2: Bankruptcies (Prime Offeror) Using the provided form, Offerors shall disclose any bankruptcies filed under their current name / DUNS for the past eleven (11) years. Offerors shall also disclose any previous company names / DUNS, parent company or subsidiary, related to the current company (including but not limited to any mergers, acquisitions, consolidations, novation, or other changes in name, DUNS number, or structure) for the past eleven (11) years, as well as any bankruptcies filed by any of those entities. Only Offerors with no history of bankruptcy in the past 11 years in their current or any previous or affiliated company name will PASS.

Factor 3: Experience (Prime Offeror) Offerors will complete the provided form. The offeror must have FSA administration experience within the past 10 years, including at least the HCFSA and DCFSA account types, administering concurrent program(s) totaling at least 40% the number of current FSAFEDS participants and encompassing more than ten (10) separate companies / agencies / billing entities.(The current participation is approximately 460,000 employees.) Only those with the recent and relevant experience described in this paragraph will PASS.

Factor 4: Place(s) of Performance Using the provided form, Offerors must disclose (1) whether they are a U.S. Owned company, (2) from where their contract performance will operate, and where employees will be located, and (3) that they understand the restrictions regarding the type of financial institutions that must be used. The solicitation will clearly state that they must be U.S. owned, physically doing business within the 50 U.S. states only, that performance under this contract must be conducted within the 50 U.S. states only, and all employees supporting the performance of this contract must be located physically within the 50 U.S. states. Offerors must disclose the cities and states in which they plan on performing services under this contract so that the appropriate Service Contract Act Wage Determinations can be added to the successful offeror’s contract prior to award.

Offerors must acknowledge that they understand that all financial institutions used to house participant accounts for FSAFEDS must also be U.S. owned and have FDIC insurance, and that they have included full details of the financial institutions they intend to utilize in their full proposal package. Responses that indicate full compliance and acceptance of these conditions will PASS.

Factor 5: SAM Registration (Prime Offeror) Using the provided form, Offerors shall disclose the DUNS number they will use to submit their proposal. The Government will search that DUNS number in SAM.gov. In order to receive a PASS for this criteria, the Offeror’s DUNS must be (1) actively registered in SAM, (2) not subject to any offsets, and (3) not have any active exclusions.

Offerors are cautioned to maintain an active SAM registration valid at least through August 31, 2020 in order to allow adequate time for award to occur without any registration issues which would otherwise prevent award.

Factor 6: Exceptions & Assumptions Using the provided form, Offerors must state that in submitting their proposal package, they have asked any questions as necessary to obtain a clear understanding of the requirements, and in submitting their proposal, take no exceptions to the stated requirements in the PWS, and make no assumptions about the requirements in their proposal (All assumptions must be clarified prior to submission of proposal).

Affirmative response will PASS; any stated assumptions, exceptions or additional questions will FAIL.

b) As previously stated, following completion of the PASS/FAIL Evaluations, a firm downselect will take place, which will remove offerors from further consideration who have FAILED in one or more of the above factors. Only offerors who have PASSED all the PASS/FAIL factors will remain in consideration. The Government will notify unsuccessful offerors of their removal from consideration.

c) In Part Two of the Evaluation process, the Government will utilize BEST VALUE

TRADE OFF to determine the best value from among the Offerors remaining in consideration after the PASS/FAIL factors have been evaluated. Award will be made to the responsible Offeror whose proposal provides the best value to the Government. The Government will evaluate each technical proposal against the technical evaluation factors described below. These technical factors, when combined, are considered significantly more important than price. If there are no significant technical differences among two or more of the most highly rated Offerors, and they are considered “technically equal,” then price will be the determining factor for selection.

The Government will use the following technical / non-price evaluation factors for the Best Value Evaluation process, listed in descending order of importance:

Factor 1: General Technical Approach Offerors will describe their Technical Approach in detail and include ALL of the following topics, clearly identified by headings and/or table of contents (in no particular order):

Implementation (Start Up and Transition-In Plan) Financial Management Plan (How they plan to segregate the FSAFEDS funds from other funds they handle for other clients) Banking / Financial Institution (all financial institutions used to house participant accounts for FSAFEDS must be U.S. owned and have FDIC insurance, and the Offeror has provided names and addresses of the financial institutions along with the ownership status of same in their proposal)

Claims Administration Plan Customer Service Plan (Their plan for how to deliver good customer service)

Education, Marketing, and Enrollment Plan (how they will spread the word among federal employees about the value of and enrollment for the program, a detailed plan for the annual enrollments that occur during the Federal Benefits Open Season)

Communications Plan (the Offeror’s proposal for how to best use the Communication Vehicles listed in Appendix C)

Debit Card Implementation Process (Offerors are asked to detail their debit card implementation process as an optional requirement that may or may not be implemented and accepted into the program at the Government’s discretion)

End of Contract / Transition-Out Plan

Factor 1 will be evaluated to determine how well the Offeror’s described Technical Approach meets the requirements of the solicitation, conveys the Offeror’s understanding of the requirements and how well it indicates the probability of success in contract performance. Additionally, Technical Approach will receive a risk assessment rating to assess the potential for disruption of schedule, degradation of performance and the need for close Government monitoring to ensure success. Offerors who simply “mirror back” the Government’s requirements as stated in the PWS, attachments, appendices, or exhibits, or make statements that they “will comply” without providing detail addressing “how”, will be considered non-responsive and deemed Unacceptable.

Factor 2: IT Compliance & Technical Approach Offerors will describe their IT Compliance & Technical Approach in detail and include ALL of the following topics, clearly identified by headings and/or table of contents (in no particular order):

IT Systems and Systems Administration (Describe the systems they will use to perform the services) Compliance with IT Clauses (evaluate the details of their proposal to determine if each proposal meets or exceeds the IT clause requirements based on detailed description of HOW they will comply with the IT Clauses/requirements)

Offeror’s plan for achieving FedRAMP compliance, if Cloud Computing will be utilized.

Offeror’s plan for achieving initial ATO during start-up period, prior to December 31, 2020, in accordance with OPM Clauses 1752.239-76 and 78.

Validation Certificate number referenced in OPM Clause 1752.239-84(b) Diagrams depicting system boundaries and data flows.

Qualifications of the IT Key Personnel

Offerors will provide signed dated resumes of all IT Key Personnel as an attachment to their proposal, as resumes are excluded from page limitations.

Factor 2 will be evaluated to determine how well the Offeror’s described IT Compliance & Technical Approach (including the qualifications of Key IT Personnel) meets the requirements of the solicitation, conveys the Offeror’s understanding of the requirements and how well it indicates the probability of success in contract performance.

Additionally, IT Compliance & Technical Approach will receive a risk assessment rating to assess the potential for disruption of schedule, degradation of performance and the need for close Government monitoring to ensure success. Offerors who simply “mirror back” the Government’s requirements as stated in the PWS, attachments, appendices, or exhibits, or make statements that they “will comply” without providing detail addressing “how”, will be considered non-responsive and deemed Unacceptable.

Factor 3: Management, Staffing and Supervision Plan Offerors will describe how will they recruit, train, and retain qualified employees, how many employees they will need for each type of service, how employees will be trained for their positions, and any benefits offered to their employees to encourage recruitment and retention. Management of the contract also includes the intent and plan for subcontracting, if any. The prime offeror must perform management and oversight of the contract themselves, regardless of the business size of the prime.

Offerors shall provide signed dated resumes of all non-IT Key Personnel as an attachment to their proposal, as resumes are excluded from page limitations.

Furthermore, all subcontractors must (PASS/FAIL) the criteria stated in Section XIV of the PWS with regard to SAM registration, ownership, place of business, employee location, and bankruptcies.

Factor 3 will be evaluated to determine how well the Offeror’s described Management, Staffing and Supervision Plan (including the qualifications of Key Personnel) meets the requirements of the solicitation, conveys the Offeror’s understanding of the requirements and how well it indicates the probability of success in contract performance.

Additionally, the Management, Staffing and Supervision Plan will receive a risk assessment rating to assess the potential for disruption of schedule, degradation of performance and the need for close Government monitoring to ensure success. Offerors who simply “mirror back” the Government’s requirements as stated in the PWS, attachments, appendices, or exhibits, or make statements that they will comply without providing detail addressing “how”, will be considered non-responsive and deemed Unacceptable.

When assigning Risk ratings to Factors 1-3, the Government reserves the right to consider the Offerors’ compliance with Solicitation Instructions and Attention to Detail in evaluation of proposals. Offerors who failed to comply with all Solicitation Instructions with regard to formatting, page limitations, section breaks, completeness, timeliness, or which contain spelling or other editing errors may indicate an Offeror who may require significant Government oversight post-award in order to get reports and other deliverables submitted correctly or timely and an increased risk of performance problems post award. The Government reserves the right to reject any Offeror’s proposal which is found non-compliant with Solicitation Instructions.

Factor 4: Financial Capability Based on the financial reports the evaluation team reviewed for minimum acceptability (PASS/FAIL) in Part One, the Government will utilize adjectival ratings to determine the level of financial capability and financial risk.

Factor 5: History of HIPAA Compliance Offerors will describe, in broad terms, and without violating HIPAA regulations in the process, any compliance issues or violations noted, as well as describe how the concern was resolved / addressed. Factor 5 will be evaluated to determine the level of attention to HIPAA compliance that the Offeror has had in the past.

Factor 6: Past Performance Offerors will request that previous FSA clients / customers (for whom performance occurred anywhere within the past 5 years) complete and submit a Past Performance Questionnaire (PPQ) directly to the Contract Specialist on their behalf using the form provided as Attachment 6 to this solicitation. Additionally, the Government may utilize data regarding Past Performance from other sources such as CPARS. Factor 6 will be evaluated to determine the relative quality of past performance considering all sections of the PPQ and CPARS ratings. The Government reserves the right to also review and consider the CPARS for any of the offeror’s previous DUNS or company names (which were provided in response to the Part One Evaluation Factor 2 Bankruptcies, above).

Offerors for whom no PPQs are received or for whom no record exists in CPARS will receive a NEUTRAL rating relative to Past Performance. The Government also reserves the right to review and consider the CPARS for any of the proposed subcontractors having more than a 10% participation in the contract by total contract value, or which will be performing any of the Key Personnel roles identified in Section XV of the PWS.

DO NOT have subcontractors submit PPQ’s.

Factor 7: Small Business Participation All offerors (regardless of business size) shall complete and submit a Small Business Participation Commitment Document (SBPCD). A template will be provided for use.

The SBPCD will be evaluated on the extent of proposed participation/commitment to use of U.S. small businesses in the performance of this requirement (as small business prime offerors or small business subcontractors) relative to the objectives and requirements established. The Government will evaluate the following to determine if the offeror met or exceeded the requirements for Small Business participation.

The extent to which small business firms as defined in FAR Part 19, are specifically identified in proposals;

The extent of commitment to use small business firms (and enforceable commitments will be considered more favorably than non-enforceable ones);

Identification of the type and variety of the work small firms are to perform;

The extent of participation of small business prime offerors and small business subcontractors in terms of the percentage of the value of the Total Contract Value (TCV).

The TCV for purposes of this solicitation is the Total Evaluated Price as identified on the offerors’ submitted Quote Schedule using the estimated quantities provided by the Government.

The extent to which the offeror meets or exceeds goals established in the solicitation for small business participation.

The Government will evaluate each proposal to determine the extent to which the offeror includes Small Business Participation. The work to be performed directly by a small business prime offeror will also be evaluated as Small Business Participation. The Small Business Participation Commitment Document will become part of the resultant contract.

As indicated in Section 18 of this document, the baseline percentage required for Small Business Participation on this solicitation is 25% of Total Contract Value.

Offerors whose SBPCD includes an enforceable commitment to include more than the baseline percentages and involve small business in more technically complex work will be evaluated more favorably than those whose SBPCD indicates more minimal small business involvement.

Note: Because the SBPCD form includes contract dollar value figures, the Contract Specialist will sanitize the document before providing it to the Technical Evaluation Panel for review, so as not to taint the non-price evaluations. Only the percentages of Total Contract Value will be available for review by the Technical Evaluation Panel.

d) In addition to the Evaluation Factors noted above, the Contract Specialist / Contracting Officer will review the Offeror’s responses to the FAR 52.212-3 Reps & Certs, either those submitted online if the Offeror asserts they are fully compliant, or those submitted separately, specific to this solicitation. In either case, the CS/CO will review responses to at least the following paragraphs to ensure there are no answers that would prevent award or which are inconsistent with responses to any other evaluation criteria from either Part One or Part Two: Paragraphs (c), (h), (k)(2), (n), (p), (q) and (r).

The current online Reps & Certs for FAR 52.212-3 must already include the NAICS code for this solicitation and the Offeror’s business size in relation to that NAICS code, otherwise the Offeror shall submit separate Reps and Certs for this solicitation which address that specific NAICS code. The Government reserves the right to reject any Offeror’s proposal whose Reps & Certs contain any information that would prevent award, or which contradicts or conflicts with the information contained elsewhere in their proposal.

e) In Evaluation of Price, the Government will use a pre-determined level of effort / quantity for evaluation purposes only, as stated on the Quote Schedule. The grand total of all periods of performance and all options will be evaluated using the sample quantities indicated. These estimated quantities do not establish a guaranteed minimum or maximum for the eventual contract award. The Government may determine that an offer is unacceptable, if prices are significantly unbalanced across all periods/options. The Government will determine pricing to be fair and reasonable in accordance with FAR Part

12. If there are no significant technical differences among two or more of the most highly rated offerors, and they are considered “technically equal,” then price will be the determining factor for award.

20. SUBMISSION OF DOCUMENTS FOR EVALUATION

Offerors shall submit all required documentation by the date and time listed below. Please be sure you submit all documents required. The Government reserves the right not to seek replacement of missing documents.

All proposal documents must be submitted via email no later than 2:00 pm Eastern Time (ET) on May 4, 2020 to Shireen Belanger, Contract Specialist, Shireen.Belanger@opm.gov.

The following documents are required, separated into the following sections. It is highly recommended that Offerors submit only one Section per email submission, as emails with large attachments may be rejected by the Government’s email server. Please reference the Section numbers below in the Subject line of each email. You may submit more than one email per section if files are particularly large, but please be sure to let the Contract Specialist know how many total emails to expect. Please keep attachment file names brief.

Section I is documents required for PART ONE of the evaluation.

Section I shall include ONLY the following items:

The past two years of 10K Annual Reports. If the Offeror is not required (by SEC regulation) to complete a 10K Annual Report, then the Offeror shall submit an audited report for each of the past two years, which includes, at a minimum, the required information indicated in Part One Evaluation, Factor 1 above.

Summary of FSA experience that is sufficient for the Government to evaluate Experience as stated in the Part One Evaluation, Factor 3 above.

All Forms and Questionnaires included as Attachment 5 to this Solicitation:

o Bankruptcy Disclosure Form (completed for Prime Offeror) o Experience Questionnaire o Place of Performance / Ownership & SAM Registration Form (completed for

Prime Offeror) o Exceptions & Assumptions Response Form

DO NOT include any additional documents in Section I of your submission. Refer to Section 16 of this document to ensure compliant signatures.

Section II is your Technical Proposal.

Section II of the Offeror’s submission shall include the following headings / subheadings and the narrative to accompany them (in no particular order):

General Technical Approach (including all detail noted under Part Two Evaluation, Factor 1 above)

IT Compliance & Technical Approach (including all detail noted under Part Two Evaluation, Factor 2 above)

Management, Staffing and Supervision Plan (including all detail noted under Part Two Evaluation, Factor 3 above)

History of HIPAA Compliance (refer to Part Two Evaluation, Factor 5 above) The first four bullets above are limited to a total of twenty (20) pages maximum. Refer to Section 15 of this document for Formatting Limitations relative to Section II of your proposal submission package. The following shall also be provided in Section II, but are exempt from the stated page limitation:

Small Business Participation Commitment Document (SBPCD) (refer to Part Two Evaluation, Factor 7 above, and use Attachment 7)

Completed and signed IT & Security Affirmation (use Attachment 8) Dated, Signed resumes of all IT Key Personnel

Dated, Signed resumes of all Non-IT Key Personnel

NOTE: Offerors utilizing any sort of subcontracting must also submit the following documentation for every subcontractor proposed, regardless of business size of either the prime or the subcontractor:

Bankruptcy Disclosure Form Place of Performance / Ownership & SAM Registration Form

Failure to provide and include these forms may cause your proposal submission to be considered incomplete. As stated throughout this solicitation, the Government reserves the right not to request replacement of missing documents.

Section II shall be either Microsoft Word (.doc) or Adobe Acrobat (.pdf) file(s). Refer to Section 16 of this document to ensure compliant signatures.

Section III shall include ONLY the completed Quote Schedule (Attachment 2), which must be submitted in Excel format. ALL TABS of the Quote Schedule Excel file are required. Refer to the Quote Schedule for further instructions. Do not convert this file to any other format. Do not send a pricing proposal or other narrative document to accompany the Quote Schedule Excel file.

DO NOT include any additional documents in Section III of your submission.

Section IV of the Offeror’s submission shall include the Offeror’s responses to the following provisions:

FAR 52.204-20

FAR 52.209-2

FAR 52.209.11

FAR 52.212-3: Submit EITHER (1) a statement that the FAR 52.212-3 submission presently uploaded to SAM.gov is complete and accurate for this solicitation with no exceptions required, OR (2) a completed FAR 52.212-3 tailored specific to this solicitation. The current online Reps & Certs must already include the NAICS code for this solicitation and the Offeror’s business size in relation to that NAICS code, otherwise the Offeror would need to submit separate Reps and Certs for this solicitation which address that specific NAICS code. Failure to submit either (1) the affirmative statement or (2) the completed FAR 52.212-3 may cause your proposal to be considered incomplete and non-responsive.

Any other FAR provisions referenced in Attachment 4 which require Offeror response or fill in which differ from those the Offeror has already posted to SAM.gov

As stated throughout this solicitation, the Government reserves the right not to request replacement of missing documents, and missing documents may reduce the rating of a proposal.

If all clauses / provisions listed above are already uploaded to SAM.gov and are applicable to the offeror’s proposal for this solicitation, please submit an affirmative statement to that effect. An email entitled Section IV will suffice. Please do not make the Government have to hunt through Sections I-III of your submission looking for the affirmative statement in lieu of these documents.

Additionally, Section IV of an “Other than Small Business” Offeror’s proposal shall include the completed Small Business Subcontracting Plan (Attachment 9). Small Business Subcontracting

Plan is not evaluated for award but is incorporated in the award of the successful offeror. An “Other than Small Business” offeror’s proposal will be considered incomplete if the Small Business Subcontracting Plan is not provided. Although the two documents (SBPCD and Small Business Subcontracting Plan) contain much of the same data, both are required. The Government reserves the right not to request replacement of missing documents.

DO NOT include any additional documents in Section IV of your submission which belong in other sections of the proposal.

21. ATTACHMENTS TO THE RFP:

Attachment 1 – Performance Work Statement (PWS), Appendices A through H, and Exhibit A

Attachment 2 – Quote Schedule (CLIN Structure) Attachment 3 – FAR & OPM Specific Clauses Attachment 4 – FAR & OPM Specific Solicitation Provisions Attachment 5 – Forms and Questionnaires Required for Evaluation Attachment 6 – Past Performance Questionnaire (PPQ) Template Attachment 7 – Small Business Participation Commitment Document (SBPCD) Template Attachment 8 – IT and Security Affirmation Attachment 9 – Small Business Subcontracting Plan Template (required for all “Other than

Small Business” Offerors)