VA119A-16-R-0349-060.docx
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- VECTOR Federal contract opportunity
- Solicitation number
- VA119A16R0349
About this file
This document is a solicitation for an Indefinite Delivery, Indefinite Quantity (IDIQ) contract called Veteran Enterprise Contracting for Transformation and Operational Readiness (VECTOR). The contract will provide a broad range of general management and business support services across six service groups: Management and Improvement, Analyses, Training, Outreach, Supply Chain, and Human Resources and Staffing. The contract has a five-year base period with one five-year option period. It is a 100% Service-Disabled Veteran-Owned Small Business (SDVOSB) set-aside with a minimum guaranteed amount of $2,500 per awardee and a maximum aggregate value of $25 billion for all awards. Proposals are due by March 14, 2017. The government will issue Task Order Proposal Requests against the IDIQ contract, and task orders may be awarded on a firm-fixed-price or labor-hour basis.
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VA119A-16-R-0349
Contract Type: Multiple Award, IDIQ
PAGE 1 OF
1. REQUISITION NO.
2. CONTRACT NO.
3. AWARD/EFFECTIVE DATE
4. ORDER NO.
5. SOLICITATION NUMBER
6. SOLICITATION ISSUE DATE
a. NAME
b. TELEPHONE NO. (No Collect Calls)
8. OFFER DUE DATE/LOCAL
TIME
9. ISSUED BY
CODE
10. THIS ACQUISITION IS
UNRESTRICTED OR
SET ASIDE:
% FOR:
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
8(A)
NAICS:
SIZE STANDARD:
11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
13a
. THIS
CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13b. RATING
14. METHOD OF SOLICITATION
RFQ
IFB
RFP
15. DELIVER TO
CODE
16. ADMINISTERED BY
CODE
17a. CONTRACTOR/OFFEROR
CODE
FACILITY CODE
18a. PAYMENT WILL BE MADE BY
CODE
TELEPHONE NO.
DUNS:
DUNS+4:
PHONE:
FAX:
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED
SEE ADDENDUM
19.
20.
21.
22.
23.
24.
ITEM NO.
SCHEDULE OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA
26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
ARE
ARE NOT ATTACHED.
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
ARE
ARE NOT ATTACHED
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________
29. AWARD OF CONTRACT: REF. ___________________________________ OFFER
COPIES TO ISSUING OFFICE.
CONTRACTOR AGREES TO FURNISH AND
DATED ________________________________.
YOUR
OFFER ON SOLICITATION
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED
SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
(REV. 2/2012)
PREVIOUS EDITION IS NOT USABLE
Prescribed by GSA - FAR (48 CFR) 53.212
7. FOR SOLICITATION
INFORMATION CALL:
STANDARD FORM 1449
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
VA119A-16-R-0349
02/14/2017 Joshua Dean (joshua.dean@va.gov) 2402151640 03/14/2017 10:00am
EST
Strategic Acquisition Center - Frederick Department of Veterans Affairs 321 Ballenger Center Drive, Suite 125 Frederick MD 21703 X X 541611 $15 Million X N/A X Strategic Acquisition Center - Frederick Department of Veterans Affairs 321 Ballenger Center Drive, Suite 125 Frederick MD 21703 Strategic Acquisition Center - Frederick Department of Veterans Affairs 321 Ballenger Center Drive, Suite 125 Frederick MD 21703
Strategic Acquisition Center - Frederick Department of Veterans Affairs 321 Ballenger Center Drive, Suite 125 Frederick MD 21703 Veteran Enterprise Contracting for Transformation and Operational Readiness (VECTOR) Submit proposal intentions /questions to Terrie.Bloom@va.gov and and and
Joshua.Dean@va.gov by February 22, 2017 at 10:00am
EST
Contract Type: Multiple Award, IDIQ Set Aside: 100% SDVOSB X Terrie Bloom Contracting Officer Table of Contents
| SECTION A | 1 |
| A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS | 1 |
| SECTION B – CONTRACT ADMINISTRATION | 4 |
| B.1 CONTRACT ADMINISTRATION DATA | 4 |
| B.2 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011) | 6 |
| B.3 PERFORMANCE WORK STATEMENT | 7 |
| SECTION C – SOLICITATION/CONTRACT CLAUSES | 16 |
| C.1 NOTICE OF HYBRID CONTRACT | 16 |
| C.2 52.203-99 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS (DEVIATION) (FEB 2015) | 16 |
| C.4 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (MAY 2015) ALTERNATE I (MAY 2014) | 21 |
| C.5 ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS | 29 |
| C.6 FAR 52.216-18 ORDERING (OCT 1995) | 29 |
| C.7 FAR 52.216-19 ORDER LIMITATIONS (OCT 1995) | 30 |
| C.8 FAR 52.216-22 INDEFINITE QUANTITY (OCT 1995) | 30 |
| C.9 FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) | 30 |
| C.10 FAR 52.228-5 INSURANCE - WORK ON A GOVERNMENT INSTALLATION (JAN 1997) | 31 |
| C.11 FAR SUPPLEMENTAL INSURANCE REQUIREMENTS | 31 |
| C.12 VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008) | 31 |
| C.13 VAAR 852.203-71 DISPLAY OF DEPARTMENT OF VETERAN AFFAIRS HOTLINE POSTER (DEC 1992) | 32 |
| C.14 FAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012) | 32 |
| C.15 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984) | 33 |
| C.16 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 33 |
| C.17 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013) | 34 |
| C.18 FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JUN 2016) | 34 |
| C.19 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (DEC 2009) | 38 |
| C.20 FAR 52.211-11 LIQUIDATED DAMAGES – SUPPLIES, SERVCES, OR RESEARCH AND DEVELOPMENT | 39 |
| 4.0 MANDATORY WRITTEN DISCLOSURES | 40 |
| SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS | 41 |
| ATTACHMENT A - LABOR CATEGORIES | 41 |
| ATTACHMENT B - CONTRACT DISCREPANCY REPORT | 41 |
| ATTACHMENT C - VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY REQUIREMENT | 41 |
| ATTACHMENT D - VA CONTRACTOR BACKGROUND INVESTIGATION REQUEST WORKSHEET | 41 |
| ATTACHMENT E - NON-DISCLOSURE AGREEMENT | 41 |
| ATTACHMENT F – TASK ORDER PROCEDURES | 41 |
| ATTACHMENT G – PROPOSAL BOOKLET | 41 |
| SECTION E - SOLICITATION PROVISIONS | 42 |
| E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (OCT 2015) | 42 |
| E.2 ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS | 45 |
| E.3 INSTRUCTIONS TO OFFERORS | 45 |
| E.4 52.203-98 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS—REPRESENTATION (DEVIATION) (FEB 2015) | 48 |
| E.5 FAR 52.209-5 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (DEVIATION)(MAR 2012) | 49 |
| E.6 FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013) | 49 |
| E.7 FAR 52.216-1 TYPE OF CONTRACT (APR 1984) | 50 |
| E.8 FAR 52.227-15 REPRESENTATION OF LIMITED RIGHTS DATA AND RESTRICTED COMPUTER SOFTWARE (DEC 2007) | 50 |
| E.9 FAR 52.233-2 SERVICE OF PROTEST (SEP 2006) | 50 |
| E.10 VAAR 852.209-70 ORGANIZATIONAL CONFLICTS OF INTEREST (JAN 2008) | 51 |
| E.11 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (JAN 2008) | 51 |
| E.12 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (JAN 1998) | 52 |
| E.13 FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 52 |
| E.14 FAR 52.212-2 EVALUATION—COMMERCIAL ITEMS (JAN 1999) | 53 |
| E.15 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (DEC 2014) | 55 |
| E.16 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008) | 65 |
| E.17 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (OCT 2014) | 65 |
SECTION B – CONTRACT ADMINISTRATION
B.1 CONTRACT ADMINISTRATION DATA
1. Contract Administration: All contract administration matters will be handled by the following individuals:
1. CONTRACTOR: TBD
1. GOVERNMENT:
The Contracting Officer (CO) for Veteran Enterprise Contracting for Transformation and Operational Readiness (VECTOR) is as follows:
Terrie Bloom, Contracting Officer Office of Acquisition Operations Strategic Acquisition Center – Frederick Department of Veterans Affairs (VA) 321 Ballenger Center Drive, Suite 125 Frederick, MD 21703
1. The VECTOR CO is responsible for providing overall scope oversight, maintaining communication between contractors and VA, ensuring contract compliance, and administering base contract and modifications. Each task order (TO) will have an identified CO who will be responsible for ensuring that TOs are within the scope of the Indefinite Delivery Indefinite Quantity (IDIQ) base contracts, administering all TO awards, overseeing payment or rejection of invoices, and ensuring that annual performance evaluations are completed at the TO level.
The CO reserves the right to designate a Contracting Officer’s Representative (COR) at the IDIQ contract or individual TO level. The CO will issue a designation letter to the COR and the contractor to ensure that all parties understand the limited authority of the COR.
Funding is not currently committed for this contract. SAC leadership expects that funding will be available; however, a contract will not be awarded until and unless funds become available. The VA will not reimburse bid and proposal costs in the event a contract is not awarded.
1. Minimum Guaranteed Amount and Maximum Value:
1. The minimum guaranteed amount for this contract is $2,500.00, which will be obligated at the time of IDIQ award to each awardee. Orders beyond the minimum will be determined by department needs and the results of fair opportunity competitions, other than exceptions as noted in section B.1.B(1) above. The Government has no obligation to award TOs beyond the minimum guaranteed amount.
1. The maximum aggregate value of all awards and TOs under VECTOR is $25,000,000,000. This ceiling is neither divided nor multiplied by the number of awardees.
1. Interrelationships of Contractors:
The Government has entered into other contractual relationships in order to provide technical services throughout VA. These services are separate from VECTOR, but may be related to or in close proximity to those provided under VECTOR. Contractors may be required to coordinate with other contractors in providing its services. All contractors shall sign a Non-Disclosure Agreement (NDA), Attachment E, prior to commencing services under the base contract or a TO award.
1. Future Competitions
In performing services of VECTOR, contractors may gain access to procurement sensitive information or be asked to provide support services in developing acquisition packages. Contractors are advised that such access or support may deem the contractor ineligible for award as a prime contractor, subcontractor or teaming partner on future procurements. Contractor’s failure to recuse itself from future competitions or present a mitigation plan in light of an Organizational Conflict of Interest (OCI), where applicable, may be grounds for termination under this contract and non-selection for future contracts in accordance with FAR Part 9.5.
1. Options
In accordance with FAR 17.2, TOs may contemplate the use of options. Inclusion of options at the TO level will be properly documented and approved in accordance with the FAR and agency procedures and will be clearly stated in the TOPR. FAR 52.217-9 will be included in any TOs that include options.
1. Invoicing
1. All payments by the Government to the contractor will be made in accordance with 52.232-33, Payment by Electronic Funds Transfer – System for Award Management.
1. Specific invoicing instructions will be specified at the TO level.
1. On-Ramping/Off-Ramping
Contractors are not required to respond to all TOPRs for which they are afforded the opportunity, however they are expected to do so. Contractors unable to perform the requirements as stated in a TOPR must submit a “no-bid” to the CO with a brief, yet specific, explanation. Repeated failure to provide a proposal or adequate rationale for failure to propose may result in off-ramping at no cost to the Government.
Contractors will be required to recertify small business status annually from the effective date of contract award. This will not automatically result in the off-ramping of a contractor that exceeds the size standard at that time; however, the Government reserves the right to do so at no cost to the Government.
The Government reserves the right to “on-ramp” additional contractors throughout the ordering period to ensure adequate competition in each service group. Should the Government exercise this right, a new solicitation with identical requirements, terms, and conditions will be issued to the FBO. Awardees will be added to the pool of VECTOR contractors for future competitions. Contracts awarded via the “on-ramp” process will share in, but not increase, the previously established ceiling. The “on-ramping” process will not extend the ordering period.
“On-ramping” and “off-ramping” processes may occur independently and are not guaranteed as a result of the other. The decision to “on-ramp” and “off-ramp” is at the sole discretion of the Government.
1. Subcontracting
Prime contractors may propose different subcontractors at the TO level than initially proposed at the IDIQ level. Contractors in Tier 1 for the base award, will not automatically fall into Tier 1 for subsequent Task Orders. For each TO proposal, the size standards of the proposed team will determine what tier the contractor will be evaluated in for that TO. (For example, prime contractors may be in Tier 1 for the base award, and Tier 2 or 3 for a specific task order proposal.) This provides the flexibility for the prime contractor to build its team to best meet each requirement.
B.2 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011)
The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) retained by VA to assist in assessing the contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to contractor's offices where the contractor's business records or other proprietary data are retained and to review such business records regarding the contractor's compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.
Limitations on Subcontracting requirements are applicable to each Task Order.
B.3 PERFORMANCE WORK STATEMENT
1.0 SCOPE
This Performance Work Statement (PWS) describes the requirements for support of the Department of Veterans Affairs (VA) program offices and its customers in order to accomplish VA’s mission and strategic goals, priorities, and initiatives. Much of this support work is best performed through the use of expert contractor support, with critical market-based skills that augment the internal activities of VA program offices. This acquisition, referred to as Veteran Enterprise Contracting for Transformation and Operational Readiness (VECTOR), will provide a department-wide vehicle for a broad range of general management and business support services and solutions. VECTOR consists of six groups of services: Group 1 – Management and Improvement, Group 2 – Analyses, Group 3 – Training, Group 4 – Outreach, Group 5 – Supply Chain, and Group 6 – Human Resources and Staffing.
For the base contract and any subsequent Task Order (TO) awards, the contractor shall provide the contractor personnel, comprehensive management, materials, equipment, facilities, travel, supervision of contractor resources, and any required deliverables necessary to satisfy the requirement. Each contract will specify the scope of the service groups for which award is being made. The contractor shall perform the work in accordance with the resultant base contract, and any TO awards. Information Technology (IT) development and administrative or clerical tasks which are not strictly incidental to the requirements are outside the scope of this contract.
This PWS provides the scope of the base contract and general requirements. Specific requirements will be defined in each individual TO. Each TO will include requirements from one or more of the six groups. Each TO will be managed by a Government Contracting Officer’s Representative (COR) who has direct experience in the business requirement on which the TO is focused.
The services within the scope of this Indefinite Delivery Indefinite Quantity (IDIQ) contract, as described in Section 3.0 below, can be used by all VA organizations.
2.0 GENERAL INFORMATION
2.1 Type of Contract
The contract shall be an IDIQ contract. TOs shall be issued on a firm fixed price basis or labor hour basis as specified in the TO. VA organizations will issue Task Orders Proposal Requests (TOPRs) against this IDIQ contract. Awardee contractors may submit a proposal in response to a TOPR, using the terms and evaluation factors found in the TOPR, as well as the terms and conditions set forth in Section B of the base contract, as guidance for preparing a proposal. A TO will be awarded to the Contractor that has proposed the best value solution to the requirement set out in the TOPR. Services will be performed by contractors in labor categories defined by Section 3 of this PWS. For each TO, the contractor shall provide the contractors requested, comprehensive management, and supervision of contractor resources, and any required deliverables.
2.2 Contract Ordering Period
The ordering period for the base IDIQ contract is five years with one option period of five years. Each TO shall specify a period of performance that will govern that particular TO.
2.3 Place of Performance
The place of performance will be specified in each TO. Work may be required to be performed at a contractor facility (off-site), Government furnished facility (on-site), or any other location with the Continental United States. When work is performed on-site, the Government anticipates that the majority of the work will be performed in Washington D.C.
2.4 Travel
The travel requirements will be specified in each TO.
Contractor travel will be in accordance with FAR 31.205-46, Travel costs. For purposes of calculating travel reimbursement, the contractor shall use its provided facility as the duty station. Local travel expenses will not be reimbursed. Non-local travel will require a 10 business day written authorization from the COR. Expenses for travel will be reimbursed based on actual expenses incurred up to the limits authorized by the current General Services Administration’s (GSA) per diem rates published on the GSA website. Each contractor invoice shall include copies of all receipts that support the travel costs claimed in the invoice. The contractor is only entitled to actual cost spent while on travel that falls within the parameters as set forth within the Federal Travel Regulations, to include food.
Local travel within a 50-mile radius from the contractor’s facility or assigned Government facility is considered the cost of doing business and will not be reimbursed. This includes travel, subsistence, and associated labor charges for travel time. Travel performed for personal convenience and daily travel to and from work at the contractor’s facility will not be reimbursed. Travel, subsistence, and associated labor charges for travel time for travel beyond a 50-mile radius of the contractor’s facility may be authorized on a case-by-case basis and must be pre-approved by the COR. G&A is prohibited and will not be reimbursed.
2.5 Hours of Contractor Operations (Government-Provided Work Site)
Work performed on TOs issued under this contract are anticipated to occur Monday through Friday, within the hours of 0600 Eastern Standard Time (EST) and 1800 EST, except as authorized by the COR.
Federal law (5 U.S.C. § 6103) establishes the public holidays listed in these pages for Federal employees. Please note that most Federal employees work on a Monday through Friday schedule. For these employees, when a holiday falls on a non-workday - Saturday or Sunday - the holiday usually is observed on Monday (if the holiday falls on Sunday) or Friday (if the holiday falls on Saturday). Visit www.opm.gov to see holidays for a specific year.
2.6 Government-Furnished Information, Equipment, and Facilities
Government-Furnished Information (GFI), Government-Furnished Equipment (GFE), and Government-Furnished Facilities (GFF), if applicable, will be specified as necessary by each individual TO.
2.7 Contract Minimum and Maximum Dollar Values
In accordance with FAR 16.504(a)(4)(ii) the maximum aggregate dollar value for all TOs awarded under this IDIQ is $25,000,000,000.00 and the minimum dollar guarantee for each awardee is $20,000.00.
3.0 SERVICE GROUPS AND LABOR CATEGORIES
3.1 General Requirements
Contractor personnel shall have the level of experience necessary to accomplish the requirements of this PWS. In addition, contractor personnel shall be acceptable to the Government in terms of personal and professional conduct, and in technical knowledge. Furthermore, contractor personnel are expected to be proficient in using office automation equipment and software, and have sufficient written and verbal communication skills to support VA program offices, their customers and any other VA organizations. Should any contractor personnel be determined to be unacceptable in terms of technical competency or unacceptable conduct or behavior while on-site or while working on contract activities, the contractor shall immediately remove and replace the unacceptable on-site personnel at no additional cost to the Government. Contractor personnel are to serve in a support role; therefore, final decisions regarding inherently governmental functions will always be made by Government personnel.
3.2 Service Requirements
Services performed shall be of a non-personal nature. VA organizations will not provide supervision of contractor personnel. Contractor personnel shall at no time allow an employer-employee relationship to develop with VA organizations or their staff. VA organizations will refrain from any activities that create the appearance of such a relationship.
Contractors shall not perform inherently governmental functions including: decision-making, supervision of Government employees, supervision of other contractors on other contracts, and activities that create the appearance of performing such functions.
3.3 Service Groups
The contractor shall provide services, labor categories, and solutions necessary to fulfill the scope of one or more of the following groups:
3.3.1 Group 1 – Management and Improvement
The contractor shall provide services as they relate to program and project management, strategic planning, performance measurement, quality measurement, business process reengineering, business process improvement, and business process management, and change management and transition, as outlined below.
3.3.1.1 Program and Project Management
The contractor shall provide support to assist the Government in implementing disciplined, comprehensive, and flexible program and project management processes, including monitoring of project metrics, rigorous risk management, and prompt reporting on Government-approved cost, schedule, performance, and risk baseline. The contractor shall also assist in the development of procurement request packages, including statements of work and cost estimates.
3.3.1.2 Strategic Planning
The contractor shall provide support of strategic planning, including development of strategic goals, objectives, strategies, performance measures, targets, improved programmatic outcomes, and linkages to programming, budgeting and evaluations.
3.3.1.3 Performance Measurement
The contractor shall provide support of strategic performance measurement development, including improved linkage between VA-wide strategic planning and goals and VA programmatic outcomes; and implementation of the Government Performance and Results Act (GPRA) Modernization Act (GPRAMA).
3.3.1.4 Business Process Reengineering, Improvement and Management
The contractor shall conduct studies in support of system redesign and business process reengineering, improvement and management. The contractor shall develop and execute implementation plans and support the process of implementing and sustaining improvements.
3.3.1.5 Change Management and Transition
The contractor shall support all activities associated with organizational change, including transition management, implementation of major initiatives, communications associated with major initiatives, risk assessment, stakeholder engagement, organizational transformation, and culture change.
3.3.1.6 Quality Measurement
The contractor shall provide support of quality management systems, tools, and techniques to help organizations transform, including, Lean Six Sigma (LSS), ISO 9000/9001, and the Malcolm Baldrige Quality Award criteria.
3.3.1.7 Data Governance
The contractor shall support in the management of the availability, usability, integrity, and security of the VA’s data. Services may include consultations, and process improvements.
3.3.2 Group 2 – Analyses
The contractor shall provide services as they related to studies and analyses and information and records management, as outlined below.
3.3.2.1 Studies/Surveys
The contractor shall provide studies as they relate to staffing, evaluation, human resources, organization, leadership, efficiency, effectiveness, gap analyses, organization development, and emergency preparedness. These services may include management analyses, including organizational studies that specifically assess and analyze current organization states and management systems and perform gap analyses of differences between current and targeted states, including findings and recommendations, return of investment analysis conducting surveys, focus groups, and other accepted techniques for data collection in support of organization studies that specifically assess and analyze current organization states and management systems.
3.3.2.2 Statistical and Actuarial Analysis
The contractor shall evaluate, recommend, design, and develop solutions to compile, evaluate, analyze, control, secure, and disseminate timely, relevant, objective, and accurate data and information to VA and VA stakeholders, including web-based designs, operational systems, document storage, applications, models, and assessment of existing legacy systems.
3.3.2.3 Management Analysis
The contractor shall conduct organizational studies and evaluations, design systems and procedures, conduct work simplification and measurement studies, and prepare operations and procedures manuals to assist management in operating more efficiently and effectively.
3.3.2.4 Records Information Management
The contractor shall conduct the proper practice of life cycle managing and editing the records of a VA entity. These services may include the digitization of hard records to electronic media, disposition of records, and storage of records in accordance with specific regulations.
3.3.2.5 Financial and Business Performance Auditing
The contractor shall conduct independent audits of designated programs and financial services to ensure compliance of applicable laws and statutes for various VA entities. These services may include pre-audit activities to ensure compliance, adherence to Generally Accepted Governmental Auditing Standards (GAGAS), and attestation engagements.
3.3.3 Group 3 – Training
The contractor shall design, conduct, and evaluate training in support of projects and programs.
3.3.3.1 Training Development
The contractor shall create training in various mediums for delivery to assigned staff for training.
3.3.3.2 Training Delivery
The contractor shall provide delivery of training in various formats to include: face to face, online, or hybrid formats.
3.3.4 Group 4 – Outreach
The contractor shall provide services as they relate to outreach, promotional materials, and advertising.
3.3.4.1 Advertising Services
The contractor shall develop materials to promote the public and private awareness of the Veteran’s Affairs mission, goals, initiatives and objectives to ensure complete understanding of the complex and technical aspects of the VA. Services may include the following components: advertising objective determination, message decision / creation, media selection, outdoor marketing and media services, broadcast media (radio, TV and public service announcements), direct mail services, media planning, media placement services, advertising evaluation, and related activities to advertising services.
3.3.4.2 Media Buying
The contractor shall assist in the procurement of advertising and outreach activities that can be in the form of television stations time, periodicals ads, internet advertisement, and etc. for the VA. The contractor shall provide support in negotiating media in accordance with research and analysis and purchasing paid advertising to impact targeted audiences; generating excitement and awareness of VA benefits and services.
3.3.4.3 Public Relations Services/Outreach
The contractor shall assist in the strategic communication plan that builds beneficial relationships between the VA, the public, and other entities. The Contractor shall provide support to assist in developing plans for various Department-wide outreach campaigns and recommending the most effective way of communicating a message in print, electronic format, or both, including social media and web-based outreach.
3.3.4.4 Conference, Events, and Tradeshow Planning Services
The contractor shall develop and support the VA in preparation of conference, seminars, events and tradeshow planning services by providing materials that can be presented and/or provided to participants of these events. Services may include the following components for a show, event and/or booth: project management, coordination and implementation of third party participation, collection management of third party payment for participation, liaison support with venue, audiovisual and information technology support, topic and speaker identification, site location research, reservation of facilities, on-site meeting and registration support, editorial services, automation and telecommunications support, design and editing productions; and mailing and other communication with attendees including pre/post meeting mailings/travel support and computer database creation.
3.3.4.5 Promotional Materials
The contractor shall develop promotional materials in multiple medium. This type of medium can include pamphlets, posters, brochures, and etc. Services may include the following components: developing conceptual design and layouts, providing copywriting and technical writing services, creating sketches, drawings, publication designs, and typographic layouts; and furnishing custom or stock artwork (including electronic artwork).
3.3.4.6 Video/Film Production
The contractor shall develop video and/or film materials in multiple mediums to include digital media for the use by the VA. Services may include final editing, copyrights and editing to fit various formats, i.e. High-Definition, streaming, Moving Picture Experts Group (MPEG), etc.
3.3.4.7 Graphics Design
The contractor shall support in the development of visual communication through the use of photography, illustration, visual arts, page layout, etc. Services may include logo design, periodical design, web design, and signage.
3.3.5 Group 5 – Supply Chain
The contractor shall provide services as they relate to the discipline of supply chain management concepts to include process improvement, cold chain management, delivery and storage of goods, and cost benefit analytical studies.
3.3.5.1 Supply Chain Analysis
The contractor shall provide support in the analysis of supply chain efficiency and improvement measures. The services include all phases of planning, acquisition and management of logistics systems. These services may include planning, acquisition, design, development, testing, production, fielding, management, operation, maintenance, sustainment, improvement, modification and disposal.
3.3.5.2 Supply Chain Management
The contractor shall provide support in the management and analysis of the system of the VA, personnel, and resources involved in the moving and procurement of supplies from the supplier to the VA. These activities may include analysis of the transformation of raw materials to the finished product, the coordination and collaboration with channel partners, and responsibility for linking business functions and processes.
3.3.5.3 Supply Chain Planning
The contractor shall provide support in the process of predicting future requirements to balance supply and demand of the VA. Services may include the analysis of supply stock, future forecast, etc.
3.3.5.4 Inventory Management and Operation
The contractor shall provide support in the practice of overseeing and controlling the systemic ordering, storage and use of resources in stock of supplies and inventory for the VA. These activities may include the analysis of mitigating risks to increase value from the vendors used in the procurement process, cost control processes, and analysis of quality measurements of consumables, expendables, and supplies.
3.3.5.5 Supply Chain Optimization
The contractor shall provide support in the analytical study of identifying efficiencies or lack of efficiencies in the supply chain of the VA. Services may include providing consultation on process improvements of the supply chain, presentation of best practices by industry, quality management and assessment of supply chain.
3.3.6 Group 6 – Human Resources and Staffing
The contractor shall provide human resources and staffing solutions as they relate to the development of position descriptions, manpower surveys, personnel record transactions in the support of human capital management.
3.3.6.1 Performance Development Planning
The contractor shall provide support in the development of position description and qualification documents for human resource activities to include document generation for hiring officials and amendments to position description and responsibility documents, by utilizing Office of Personnel Management (OPM) and the Department of Veterans Affairs policies. Services may include providing position descriptions, levels of performance by experience matrices, and performance metrics.
3.3.6.2 Human Resources Operations
The contractor shall provide support in the human resources personnel payroll processes. Services may include relaying official job offers once approved in writing by a Federal HR Director or designee, assisting with payroll validation, uploading evaluations, record management, to include SF-50 “Notification of Personnel Action”, SF-52 “Request for Personnel Action”, VA-3918 “Intra-Agency Transfer Request”, VA-4659 “Incentive Awards Recommendation and Approval”, and performance management.
3.3.6.3 Manpower Surveys
The contractor shall provide support in the design and analysis of manpower studies for the VA. Services may include assisting in the analysis of labor categories per task, man hours expended per task, and recommendation of human resource allocation.
3.3.6.4 Collective Bargaining Analysis and Assessments
The contractor shall provide support in the creation and evaluation of collective bargaining agreements, standard operating procedures, and other documents deployed for collective bargaining activities.
3.4 Labor Categories
Attachment A, Labor Categories, provides a comprehensive list of labor categories, descriptions, minimum education and experience requirements, as well as identification for which service groups the labor categories are applicable.
It is expected that the minimum education and experience will be in a field or specialty that directly relates to the labor category and TO requirements. The CO reserves the right to grant waivers for the education and experience requirements at the task order level. Waivers for education may be on the basis of additional years of experience, industry certifications, or equivalent trainings. Waivers for experience may be on the basis of additional years of education and exceptionally specialized experience. Individual TOs may cite additional equivalencies that will be recognized. Contractor’s request for waiver must be provided in writing to the CO, and the CO’s authorization must be provided in writing to the contractor.
4.0 DELIVERABLES
The contractor shall provide all deliverables identified in the individual TOs in formats as specified in the TO. All deliverables, unless otherwise specified, shall use Microsoft Office compatible formats.
All deliverables shall be compliant with Section 508, 1998 Amendment to the Rehabilitation Act of 1973 according to the particular requirements for each such deliverable.
5.0 QUALITY ASSURANCE
5.1 Quality Assurance Surveillance Plan (QASP)
In accordance with FAR 37.102, TOs issued under this IDIQ will be performance-based to the maximum extent practicable. Each TO will define the QASP, to include specific performance standards and measures at the TO level.
5.2 Contractor Performance
Attachment B, Contractor Discrepancy Report (CDR), may be issued by a CO or COR to document less than acceptable performance by the contractor at any point during the period of performance. It should be noted that issuance of a CDR should not be the first form of communication or plan of resolution unless the seriousness of the situation warrants such formal documentation from onset. The CO, COR, and contractor shall maintain open and effective communications to avoid the issuance of CDRs to the maximum extent practicable. All parties acknowledge that a finalized CDR will become part of the official file and will be used to report on annual performance under the IDIQ. If use of a CDR is warranted, the CO/COR shall complete the CDR, citing the IDIQ and/or TO number and the specific IDIQ and/or TO section or clause related to the performance issue. The CO/COR shall provide a detailed and descriptive narrative of the background and issue. Upon receipt of the CDR, the contractor shall provide a timely and detailed response to the CO/COR. The contractor’s response shall include any important or relevant information or justification for the performance issue and a proposed resolution. The CO/COR will review the response from the contractor and the CO will issue a final recommendation or plan of action. The CO, COR, and contractor will maintain communication to ensure that the recommendation or plan of action is carried out.
The contractor’s performance on all TOs will be reported to the Contractor Performance Assessment Reporting System (CPARS) on an annual basis. The CO and COR will make use of information from CDRs and the TO Performance Evaluations, as well as any additional knowledge and information available to them with respect to the contractor’s performance, to complete the CPARS. Contractors shall familiarize themselves with the CPARS process and be prepared to respond to reports entered by the CO and COR.
6.0 SECURITY AND PRIVACY REQUIREMENTS
All contractors and contractor personnel shall be subject to the same Federal security and privacy laws, regulations, standards and VA policies as VA personnel, including the Privacy Act, 5 U.S.C. § 552a, regarding information and information system security. Contractors must follow all security and privacy requirements, per applicable VA regulations and directives.
SECTION C – SOLICITATION/CONTRACT CLAUSES
C.1 NOTICE OF HYBRID CONTRACT
This is an Indefinite Delivery Indefinite Quantity (IDIQ) contract that will result in Firm-Fixed Price and Labor-Hour task orders.
C.2 52.203-99 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS (DEVIATION) (FEB 2015)
(a) The Contractor shall not require employees or contractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.
(b) The contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.
(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.
(d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.
(2) The Government may seek any available remedies in the event the contractor fails to comply with the provisions of this clause.
(End of Clause)
C.3 FAR 52.212-4 CONTRACT TERMS AND CONDITIONS -- COMMERCIAL ITEMS (MAY 2015)
(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—
(1) Within a reasonable time after the defect was discovered or should have been discovered; and
(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.
(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.
(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.
(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.
(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.
(g) Invoice.
(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—
(i) Name and address of the Contractor;
(ii) Invoice date and number;
(iii) Contract number, contract line item number and, if applicable, the order number;
(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;
(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;
(vi) Terms of any discount for prompt payment offered;
(vii) Name and address of official to whom payment is to be sent;
(viii) Name, title, and phone number of person to notify in event of defective invoice; and
(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.
(x) Electronic funds transfer (EFT) banking information.
(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.
(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.
(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.
(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.
(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.
(i) Payment.—
(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.
(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.
(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.
(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.
(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—
(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—
(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);
(B) Affected contract number and delivery order number, if applicable;
(C) Affected contract line item or subline item, if applicable; and
(D) Contractor point of contact.
(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.
(6) Interest.
(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.
(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.
(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—
(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;
(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or
(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).
(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.
(v) Amounts shall be due at the earliest of the following dates:
(A) The date fixed under this contract.
(B) The date of the first written…
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