W81K00-19-Q-0067_Solicitation_Final_Version.pdf
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- Solicitation number
- W81K00-19-Q-0067
- Issued by
-
Department of the Army Medical Command
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Solicitation W81K00-19-Q-0067; 5 FTE's CRNA's Carl R. Darnall Army Medical Center, Fort Hood, Texas.
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SEE ADDENDUM
(No Collect Calls)
W81K0019Q0067 06-Feb-2019
b. TELEPHONE NUMBER
254-286-7205
8. OFFER DUE DATE/LOCAL TIME
10:00 AM 20 Feb 2019
5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA – FAR (48 CFR) 53.212
(TYPE OR PRINT)
(SIGNATURE OF CONTRACTING OFFICER)
ADDENDA X ARE
26. TOTAL AWARD AMOUNT (For Gov t. Use Only )
23.
CODE 10. THIS ACQUISITION IS
SUCH ADDRESS IN OFFER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT
BELOW IS CHECKED
TELEPHONE NO.
W81K009. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
ANTHONY D. BROWNER
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER
(TYPE OR PRINT)
30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA
1 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X
25. ACCOUNTING AND APPROPRIATION DATA
1. REQUISITION NUMBER
20.
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
0011275579
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
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
. YOUR OFFER ON SOLICITATION
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
% FOR:SET ASIDE:UNRESTRICTED OR X
SMALL BUSINESS
17a.CONTRACTOR/ CODE FACILITY
OFFEROR CODE
W40M USA HLTH CONTRACTING ACT
REGIONAL HEALTH CONTRACT OFF CENTRAL
2539 GARDEN AVENUE
JBSA FT SAM HOUSTON TX 78234-0000
18a. PAYMENT WILL BE MADE BY CODE
RATED ORDER UNDER
DPAS (15 CFR 700)
13a. THIS CONTRACT IS A
13b. RATING
CODE15. DELIVER TO CODE W45XTR 16. ADMINISTERED BY
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
X SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
W2M5 CARL R DARNALL ARMY MED C
POP SEE LINE ITEM(S)
MEDICAL SUPPLY OFFICER DACH
BLDG 36065 SANTE FE AVE
FORT HOOD TX 76544-5063
TEL: . FAX: .
FAX:
TEL: SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
X 8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
$38,500,000
NAICS:
622110
X
OFFER DATED
29. AWARD OF CONTRACT: REF.
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
EMAIL:
TEL:
31c. DATE SIGNED
SEE SCHEDULE
SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT
24.22.21.19.
WOMEN-OWNED SMALL BUSINESS (WOSB)
ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
(CONTINUED)
PAGE 2 OF81
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
37. CHECK NUMBER
FINALPARTIALCOMPLETE
36. PAYMENT35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER
FINAL
33. SHIP NUMBER
PARTIAL
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
STANDARD FORM 1449 (REV. 2/2012) BACK
Prescribed by GSA – FAR (48 CFR) 53.212
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
SEE SCHEDULE
20.
SCHEDULE OF SUPPLIES/ SERVICES
21.
QUANTITY UNIT
22. 23.
UNIT PRICE
24.
AMOUNT
19.
ITEM NO.
Section SF 1449 - CONTINUATION SHEET
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
BASE Period CRNA Regular Hours
FFP
Personal services of four (4) FTE's Certified Registered Nurse Anesthetist (CRNA's) in accordance with the terms and conditions of the Performance Based Work Statement. Period of Perfomance: 1 April 2019 - 30 September 2019.
PURCHASE REQUEST NUMBER: 0011275579
NET AMT
0001AA 3,840 Hours BASE Period CRNA Regular Hours
FFP
Regular Hours. Personal services of four (4) FTE's Certified Registered Nurse Anesthetist (CRNA's) FOB: Destination
0001AB 25 Hours Excess Hours
FFP
Excess Hours. Personal services of four (4) FTE's Certified Registered Nurse Anesthetist (CRNA's)
0001AC 1 Each Contract Manpower Reporting
FFP
Contract Manpower Reporting (CMR). This is a one-time annual fee. Covering Period of Performance: 1 April 2019 - 30 September 2019.
1st Option Period CRNA Regular Hours
FFP
Personal services of four (4) FTE's Certified Registered Nurse Anesthetist (CRNA's) in accordance with the terms and conditions of the Performance Based Work Statement. Period of Perfomance: 1 October 2019 - 30 September 2020.
Personal Services of one (1) additional FTE Certified Registered Nurse Anesthetist (CRNA) in accordance with the terms and conditions of the Performance Based Work Statement. Period of Perfomance: 1 January 2020 - 30 September 2020.
1001AA 7,680 Hours OPTION 1st Option Period CRNA Regular Hours
FFP
Regular Hours. Personal services of four (4) FTE's Certified Registered Nurse Anesthetist (CRNA's)
1001AB 30 Hours 1st Option Period Excess Hours
FFP
Excess Hours. Personal services of five (5) FTE's Certified Registered Nurse
1001AC 1,920 Hours OPTION 1st Option Period CRNA Regular Hours
FFP
Regular Hours. Personal services of one (1) FTE Certified Registered Nurse Anesthetist (CRNA). Start date: 1 January 2020. POP: 1 January 2020 - 30 September 2020.
1001AD 1 Each OPTION Contract Manpower Reporting (CMR)
FFP
Contract Manpower Reporting (CMR). This is a one-time annual fee. Covering Period of Performance: 1 October 2019 - 30 September 2020.
OPTION 2nd Option Period CRNA Regular Hours
FFP
Personal services of five (5) FTE's Certified Registered Nurse Anesthetist (CRNA's) in accordance with the terms and conditions of the Performance Based Work Statement. Period of Perfomance: 1 October 2020 - 30 September 2021.
2001AA 7,680 Hours OPTION 2nd Option Period CRNA Regular Hours
FFP
Regular Hours. Personal services of four (4) FTE's Certified Registered Nurse
2001AB 30 Hours 2nd Option Period Excess Hours
FFP
Excess Hours. Personal services of five (5) FTE's Certified Registered Nurse
2001AC 1,920 Hours OPTION 2nd Option Period CRNA Regular Hours
FFP
Regular Hours. Personal services of one (1) FTE Certified Registered Nurse Anesthetist (CRNA).
2001AD 1 Each OPTION Contract Manpower Reporting (CMR)
FFP
Contract Manpower Reporting (CMR). This is a one-time annual fee. Covering Period of Performance: 1 October 2020 - 30 September 2021.
OPTION 3rd Option Period CRNA Regular Hours
FFP
Personal services of five (5) FTE's Certified Registered Nurse Anesthetist
Work Statement. Period of Perfomance: 1 October 2021 - 30 September 2022.
3001AA 7,680 Hours OPTION 3rd Option Period CRNA Regular Hours
FFP
Regular Hours. Personal services of four (4) FTE's Certified Registered Nurse
3001AB 30 Hours 3rd Option Period Excess Hours
FFP
Excess Hours. Personal services of five (5) FTE's Certified Registered Nurse
3001AC 1,920 Hours OPTION 3rd Option Period CRNA Regular Hours
FFP
Regular Hours. Personal services of one (1) FTE Certified Registered Nurse
3001AD 1 Each OPTION Contract Manpower Reporting (CMR)
FFP
Contract Manpower Reporting (CMR). This is a one-time annual fee. Covering Period of Performance: 1 October 2021 - 30 September 2022.
OPTION 4th Option Period CRNA Regular Hours
FFP
Personal services of five (5) FTE's Certified Registered Nurse Anesthetist
Work Statement. Period of Perfomance: 1 October 2022 - 30 September 2023.
4001AA 7,680 Hours OPTION 4th Option Period CRNA Regular Hours
FFP
Regular Hours. Personal services of four (4) FTE's Certified Registered Nurse
4001AB 30 Hours 4th Option Period Excess Hours
FFP
Excess Hours. Personal services of five (5) FTE's Certified Registered Nurse
4001AC 1,920 Hours OPTION 4th Option Period CRNA Regular Hours
FFP
Regular Hours. Personal services of one (1) FTE Certified Registered Nurse
4001AD 1 Each OPTION Contract Manpower Reporting (CMR)
FFP
Contract Manpower Reporting (CMR). This is a one-time annual fee. Covering Period of Performance: 1 October 2022 - 30 September 2023.
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 N/A N/A N/A N/A 0001AA N/A N/A N/A Government 0001AB N/A N/A N/A Government 0001AC N/A N/A N/A Government 1001 N/A N/A N/A N/A 1001AA N/A N/A N/A Government 1001AB N/A N/A N/A Government 1001AC N/A N/A N/A Government
1001AD N/A N/A N/A Government 2001 N/A N/A N/A N/A 2001AA N/A N/A N/A Government 2001AB N/A N/A N/A Government 2001AC N/A N/A N/A Government 2001AD N/A N/A N/A Government 3001 N/A N/A N/A N/A 3001AA N/A N/A N/A Government 3001AB N/A N/A N/A Government 3001AC N/A N/A N/A Government 3001AD N/A N/A N/A Government 4001 N/A N/A N/A N/A 4001AA N/A N/A N/A Government 4001AB N/A N/A N/A Government 4001AC N/A N/A N/A Government 4001AD N/A N/A N/A Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 N/A N/A N/A N/A
0001AA POP 01-APR-2019 TO
30-SEP-2019
N/A W2M5 CARL R DARNALL ARMY MED C
POP SEE LINE ITEM(S)
MEDICAL SUPPLY OFFICER DACH
BLDG 36065 SANTE FE AVE
FORT HOOD TX 76544-5063
W45XTR
0001AB POP 01-APR-2019 TO
30-SEP-2019
N/A (SAME AS PREVIOUS LOCATION)
0001AC POP 01-APR-2019 TO
30-SEP-2019
N/A (SAME AS PREVIOUS LOCATION)
1001 N/A N/A N/A N/A
1001AA POP 01-OCT-2019 TO
30-SEP-2020
N/A W2M5 CARL R DARNALL ARMY MED C
POP SEE LINE ITEM(S)
MEDICAL SUPPLY OFFICER DACH
BLDG 36065 SANTE FE AVE
FORT HOOD TX 76544-5063
1001AB POP 01-OCT-2019 TO
30-SEP-2020
N/A (SAME AS PREVIOUS LOCATION)
1001AC POP 01-JAN-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
1001AD POP 01-OCT-2019 TO
N/A (SAME AS PREVIOUS LOCATION)
2001 N/A N/A N/A N/A
2001AA POP 01-OCT-2020 TO
30-SEP-2021
N/A W2M5 CARL R DARNALL ARMY MED C
POP SEE LINE ITEM(S)
MEDICAL SUPPLY OFFICER DACH
BLDG 36065 SANTE FE AVE
FORT HOOD TX 76544-5063
2001AB POP 01-OCT-2020 TO
30-SEP-2021
N/A (SAME AS PREVIOUS LOCATION)
2001AC POP 01-OCT-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
2001AD POP 01-OCT-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
3001 N/A N/A N/A N/A
3001AA POP 01-OCT-2021 TO
30-SEP-2022
N/A W2M5 CARL R DARNALL ARMY MED C
POP SEE LINE ITEM(S)
MEDICAL SUPPLY OFFICER DACH
BLDG 36065 SANTE FE AVE
FORT HOOD TX 76544-5063
3001AB POP 01-OCT-2021 TO
30-SEP-2022
N/A (SAME AS PREVIOUS LOCATION)
3001AC POP 01-OCT-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
3001AD POP 01-OCT-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
4001 N/A N/A N/A N/A
4001AA POP 01-OCT-2022 TO
30-SEP-2023
N/A W2M5 CARL R DARNALL ARMY MED C
POP SEE LINE ITEM(S)
MEDICAL SUPPLY OFFICER DACH
BLDG 36065 SANTE FE AVE
FORT HOOD TX 76544-5063
4001AB POP 01-OCT-2022 TO
30-SEP-2023
N/A (SAME AS PREVIOUS LOCATION)
4001AC POP 01-OCT-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
4001AD POP 01-OCT-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
CLAUSES INCORPORATED BY REFERENCE
52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018
52.212-4 ADDENDUM
(w) The non-FAR Part 12 discretionary FAR and DFARS clauses included herein are incorporated into this contract either by reference or in full text. If incorporated by reference, see clause 52.252-2 herein for locations where full text can be found.
(End of Addendum)
52.203-2 Certificate Of Independent Price Determination APR 1985 52.203-3 Gratuities APR 1984 52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 52.203-11 Certification And Disclosure Regarding Payments To
Influence Certain Federal Transactions
SEP 2007
52.203-12 Limitation On Payments To Influence Certain Federal Transactions
OCT 2010
52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights
APR 2014
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper
MAY 2011
52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier
Subcontract Awards
OCT 2018
52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-21 Basic Safeguarding of Covered Contractor Information
Systems
JUN 2016
52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment
OCT 2015
52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters
OCT 2018
52.214-34 Submission Of Offers In The English Language APR 1991 52.219-8 Utilization of Small Business Concerns OCT 2018 52.219-14 Limitations On Subcontracting JAN 2017 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-24 Preaward On-Site Equal Opportunity Compliance Evaluation FEB 1999
52.222-26 Equal Opportunity SEP 2016 52.222-35 Equal Opportunity for Veterans OCT 2015 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-37 Employment Reports on Veterans FEB 2016 52.222-41 Service Contract Labor Standards AUG 2018 52.222-43 Fair Labor Standards Act And Service Contract Labor
Standards - Price Adjustment (Multiple Year And Option Contracts)
AUG 2018
52.222-50 Combating Trafficking in Persons MAR 2015 52.222-54 Employment Eligibility Verification OCT 2015 52.223-18 Encouraging Contractor Policies To Ban Text Messaging
While Driving
AUG 2011
52.224-1 Privacy Act Notification APR 1984 52.224-2 Privacy Act APR 1984 52.224-3 Privacy Training JAN 2017 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.225-25 Prohibition on Contracting with Entities Engaging in Certain
Activities or Transactions Relating to Iran-- Representation and Certifications.
AUG 2018
52.228-5 Insurance - Work On A Government Installation JAN 1997 52.229-6 Taxes--Foreign Fixed-Price Contracts FEB 2013 52.232-18 Availability Of Funds APR 1984 52.232-33 Payment by Electronic Funds Transfer--System for Award
Management
OCT 2018
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
DEC 2013
52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.242-13 Bankruptcy JUL 1995 252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By
The Government of a Country that is a State Sponsor of Terrorism
OCT 2015
252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.225-7041 Correspondence in English JUN 1997 252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
JUN 2012
252.232-7010 Levies on Contract Payments DEC 2006 52.212-1 Instructions to Offerors--Commercial Items OCT 2018
52.212-1 ADDENDUM
I. GENERAL
A. The Solicitation will be posted to FedBizOpps website.
B. Contract POCs: The Contracting Officer and Contract Specialist are the sole points of contact for this procurement. Questions regarding this solicitation are to be submitted electronically to the Contract
Specialist, at Anthony D. Browner; anthony.d.browner.civ@mail.mil no later than 1:00 pm CST on 8 February 2019. Questions will be addressed on or about 12 February 2019.
II. ADMINISTRATIVE
A. Contractor shall complete and return the following:
1. Pricing for the Base and All Option Years.
2. Compensation Plan(s) for the Base and Option Years. Each plan shall reflect compensation for the base period and option years. A sample compensation plan worksheet is included as an attachment. (Attachment 1) for Direct Hourly Rates and Excess Hours use one compensation plan worksheet for each skill set, use a separate worksheet for direct hourly rates and separate worksheet for excess hours.
3. Past Performance: List of two references being supplied the for Past Performance
Questionnaires to include the POC name and telephone number. (See 52.212-2 for details).
(Attachment 2)
B. Quoters shall submit quotes to Regional Health Contracting Office - Central (RHCO-C) to arrive no later than the date and time stated in block 8 of the SF1449. Quotes can be submitted via email to anthony.d.browner.civ@mail.mil. Facsimile offer and electronic (e-mail) offer are also acceptable, provided they meet the requirements listed above. Facsimile offers and electronic (e-mail) offers are the preferred methods for submitting proposals. Offer shall clearly identify each part of their proposal, as described below.
C. The quoter will provide information below regarding points of contact (POCs) for administration of the contract during quoter’s normal business hours and after normal business hours. The POC for other than normal business hours will be contacted only in the event of an emergency. Accordingly, the named individuals should possess sufficient corporate authority to effectively deal with emergency situations and the telephone number provided should be functioning at all times other than normal business hours.
If there are different POCs for different conditions, such as weekdays, weekends, holidays, etc., please furnish all and explain.
1. Quoter’s normal business hours/days:
2. POCs during normal business hours: Name(s): Telephone Number(s):
3. POCs during other than normal business hours: Name(s): Telephone Number(s):
D. Submit pricing for all Contract Line Item Numbers (CLINs) and sub-CLINs (as applicable) for the base year and all option years. Provide total pricing for the base year and each option year, as well as a grand total for the price of your entire quote.
E. 12-3, Representations and Certifications –
Commercial Items. If the offeror has completed the Online Representations and Certifications
Application (ORCA) at https://www.uscontractorregistration.com/ the offeror shall indicate such on the FAR clause. DFARS 252.212-7000, Offeror Representations and Certifications – Commercial Items. All offerors must be registered in the Central Contractor Registration (CCR) prior to award, and lack of registration shall make an offer ineligible for award
Special Delivery Mail
a. Offeror is cautioned that the United States Postal Service (USPS) does not deliver directly to the
RHCO-C, Fort Hood Health Contracting Cell. All USPS mail is delivered to a central location at Carl R. Darnall Army Medical Center. Offer should be sent in sufficient time to ensure arrival at the contracting office by the specified date and time. Offeror should consider the additional time needed for mail distribution when preparing their offers.
b. Offeror may drop-off their proposal at the RHCO-C, Fort Hood Health Contracting Cell prior to the specified due date and time. For directions to the contracting office, contact Anthony D. Browner at:
anthony.d.browner.civ@mail.mil
F. Contractors shall complete and return all information requested in Addendum to 52.212-1 above no later than the date and time stated in block 8 of the SF1449. Quotes received after the deadline will be considered untimely, will not be evaluated and will not be eligible for award.
M. The non-FAR Part 12 discretionary FAR, DFARS, AFARS, and LOCAL provisions included herein are incorporated into this solicitation either by reference or in full text. If incorporated by reference, see provision 52.252-1 herein for locations where full text can be found.
(End of Provision)
52.212-2 Evaluation - Commercial Items OCT 2014
ADDENDUM TO FAR 52.212-2
Award will be made using the Tradeoff source selection process. This process permits tradeoffs among cost or price and non-cost factors and allows the Government to accept other than the lowest priced proposal. Award will be made to the responsible offeror whose proposal conforms to the solicitation and is deemed best value to the Government. Award may be made without discussions with offerors (except communications conducted for the purpose of minor clarification). Therefore, each initial offer should contain the offeror's best terms from a technical and price standpoint. However, the Government reserves the right to conduct discussions if it is later determined by the contracting officer to be necessary.
(a). The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforms to the solicitation and is the most advantageous to the Government, price and other factors considered.
The following factors shall be used to evaluate offers:
Offerors receiving a rating of “unacceptable” in any of the factors will not be further evaluated.
1. Compensation Plans: Compensation plans shall be submitted for each specialty reflected in this solicitation.
Each plan shall reflect compensation hourly rate and a compensation plan worksheet for excess hour rate for the base period and each option period. A sample compensation plan worksheet is included at Attachment 1. The elements of the plan will be evaluated to ensure that the proposed compensation hourly rate and excess hour rate are sufficient to attract and retain quality HCPs. This factor will be rated as either “acceptable” or “not acceptable”. The hourly rate and the overtime hour rate must both be found technically acceptable.
Acceptable Rating - Based on Regional Health Contracting Office - Central’s market research, the proposed compensation plan hourly rate and overtime hour rate, is sufficient to attract and retain quality HCPs.
Unacceptable Rating – Based on Regional Health Contracting Office - Central’s market research, the proposed compensation hourly rate and/or overtime hour rate, to the HCP is not sufficient to attract and retain quality HCPs
2. Past Performance: Provide two references (i.e., name, title, telephone phone number, and project title/description) who can verify that YOUR company provided recent and relevant services either as the Prime Contractor or Sub- Contractor. "Relevant" is defined as "for the same or similar services". "Recent" is defined as "within the past three years". If your Company does not have relevant past performance as a Prime Contractor or a Sub-Contractor, the Contracting Officer intends to rate your past performance as "Unknown", even if you submit a sub-contractor with relevant past performance. Past Performance must be with MEDCOM, other US Government departments or agencies, state and local governments and/or private sector clients. You may also submit Past Performance for work performed by YOUR company as a subcontractor. Past Performance references may be contacted. Narratives are required on questionnaires for ratings other than satisfactory. If the narratives do not support the rating or if there is no narrative for a rating other than satisfactory, the questionnaire rating will be changed to satisfactory. Offerors are reminded the government may elect to consider any additional past performance information that is available and obtained from other sources, to include the Past Performance Information Retrieval System (“PPIRS”).
The Government may also consider any additional past performance information that is available. Offerors are reminded that, while the Government may elect to consider data obtained from other sources, the burden of providing thorough and complete performance information rests with the Offeror. In the case of a offeror without a record of relevant past performance or for whom information on past performance is not available, the offer will not be evaluated either favorably or unfavorably on past performance and will be assessed an Unknown rating.
DoD Source Selection Performance Confidence Assessment Rating Method in Table 5.
Sources: DoD Source Selection Guide dated: 31 March 2016
Table 5. Performance Confidence Assessments Rating Methods Rating Description
Substantial Confidence
Based on the offeror’s recent/relevant performance record, the Government has a high expectation that the offeror will successfully perform the required effort.
Satisfactory Confidence
Government has a reasonable expectation that the offeror will
W81K0019Q0067
Neutral Confidence
No recent/relevant performance record is available or the offeror’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned.
Limited Confidence
Government has a low expectation that the offeror will
No Confidence
Government has no expectation that the offeror will successfully perform the required effort.
3. Price: Price will be evaluated using various price analysis techniques and procedures IAW FAR 15.404-1(b) including, but not limited to, comparison of proposed price received in response to the solicitation with a comparison to the Independent Government Estimate (IGE). Pricing must be found to be fair and reasonable.
Compensation Plan and Past Performance are of equal importance and are more important than price when combined; however Past Performance is more significant when weighted adjectively. Price could become the determing factor, if the quotes are determined to be essentially equal. The trade-off between compensation plan and past performance could result in awarding to other than low quoter.
(b). Options. The Government will evaluate quotes for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that a offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).
(c). Given that FAR 52.217-8 provides that the Government may exercise the Option to Extend Services at the rates specified in the contract (i.e., the rates in effect when the Extension of Services option is exercised), for purposes of evaluating the Option to Extend Services, the Contracting Officer will consider the prices submitted for the base year and each option year, since those are the binding prices should the Option to Extend be exercised.
(d). Award will made to the responsible offeror whose proposal conforms to the solicitation, whose Compensation is found acceptable, who past performance is acceptable and whose price is determined to be fair and reasonable.
Offerors receiving a rating of “unacceptable” in compensation plan will not be eligible for award.
CLAUSES INCORPORATED BY FULL TEXT
52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (OCT 2015)
(a) Definitions. As used in this clause--
Agent means any individual, including a director, an officer, an employee, or an independent Contractor, authorized to act on behalf of the organization.
Full cooperation—
(1) Means disclosure to the Government of the information sufficient for law enforcement to identify the nature and extent of the offense and the individuals responsible for the conduct. It includes providing timely and complete response to Government auditors' and investigators' request for documents and access to employees with information;
(2) Does not foreclose any Contractor rights arising in law, the FAR, or the terms of the contract. It does not require-
(i) A Contractor to waive its attorney-client privilege or the protections afforded by the attorney work product doctrine; or
(ii) Any officer, director, owner, or employee of the Contractor, including a sole proprietor, to waive his or her attorney client privilege or Fifth Amendment rights; and
(3) Does not restrict a Contractor from--
(i) Conducting an internal investigation; or
(ii) Defending a proceeding or dispute arising under the contract or related to a potential or disclosed violation.
Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).
Subcontract means any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract.
Subcontractor means any supplier, distributor, vendor, or firm that furnished supplies or services to or for a prime contractor or another subcontractor.
United States means the 50 States, the District of Columbia, and outlying areas.
(b) Code of business ethics and conduct. (1) Within 30 days after contract award, unless the Contracting Officer establishes a longer time period, the Contractor shall--
(i) Have a written code of business ethics and conduct;
(ii) Make a copy of the code available to each employee engaged in performance of the contract.
(2) The Contractor shall--
(i) Exercise due diligence to prevent and detect criminal conduct; and
(ii) Otherwise promote an organizational culture that encourages ethical conduct and a commitment to compliance with the law.
(3)(i) The Contractor shall timely disclose, in writing, to the agency Office of the Inspector General (OIG), with a copy to the Contracting Officer, whenever, in connection with the award, performance, or closeout of this contract or any subcontract thereunder, the Contractor has credible evidence that a principal, employee, agent, or subcontractor of the Contractor has committed--
(A) A violation of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in Title 18 of the United States Code; or
(B) A violation of the civil False Claims Act (31 U.S.C. 3729-3733).
(ii) The Government, to the extent permitted by law and regulation, will safeguard and treat information obtained pursuant to the Contractor's disclosure as confidential where the information has been marked “confidential” or “proprietary” by the company. To the extent permitted by law and regulation, such information will not be released by the Government to the public pursuant to a Freedom of Information Act request, 5 U.S.C. Section 552, without prior notification to the Contractor. The Government may transfer documents provided by the Contractor to any department or agency within the Executive Branch if the information relates to matters within the organization's jurisdiction.
(iii) If the violation relates to an order against a Governmentwide acquisition contract, a multi-agency contract, a multiple-award schedule contract such as the Federal Supply Schedule, or any other procurement instrument intended for use by multiple agencies, the Contractor shall notify the OIG of the ordering agency and the IG of the agency responsible for the basic contract.
(c) Business ethics awareness and compliance program and internal control system. This paragraph (c) does not apply if the Contractor has represented itself as a small business concern pursuant to the award of this contract or if this contract is for the acquisition of a commercial item as defined at FAR 2.101. The Contractor shall establish the following within 90 days after contract award, unless the Contracting Officer establishes a longer time period:
(1) An ongoing business ethics awareness and compliance program.
(i) This program shall include reasonable steps to communicate periodically and in a practical manner the Contractor's standards and procedures and other aspects of the Contractor's business ethics awareness and compliance program and internal control system, by conducting effective training programs and otherwise disseminating information appropriate to an individual's respective roles and responsibilities.
(ii) The training conducted under this program shall be provided to the Contractor's principals and employees, and as appropriate, the Contractor's agents and subcontractors.
(2) An internal control system.
(i) The Contractor's internal control system shall--
(A) Establish standards and procedures to facilitate timely discovery of improper conduct in connection with Government contracts; and
(B) Ensure corrective measures are promptly instituted and carried out.
(ii) At a minimum, the Contractor's internal control system shall provide for the following:
(A) Assignment of responsibility at a sufficiently high level and adequate resources to ensure effectiveness of the business ethics awareness and compliance program and internal control system.
(B) Reasonable efforts not to include an individual as a principal, whom due diligence would have exposed as having engaged in conduct that is in conflict with the Contractor's code of business ethics and conduct.
(C) Periodic reviews of company business practices, procedures, policies, and internal controls for compliance with the Contractor's code of business ethics and conduct and the special requirements of Government contracting, including--
(1) Monitoring and auditing to detect criminal conduct;
(2) Periodic evaluation of the effectiveness of the business ethics awareness and compliance program and internal control system, especially if criminal conduct has been detected; and
(3) Periodic assessment of the risk of criminal conduct, with appropriate steps to design, implement, or modify the business ethics awareness and compliance program and the internal control system as necessary to reduce the risk of criminal conduct identified through this process.
(D) An internal reporting mechanism, such as a hotline, which allows for anonymity or confidentiality, by which employees may report suspected instances of improper conduct, and instructions that encourage employees to make such reports.
(E) Disciplinary action for improper conduct or for failing to take reasonable steps to prevent or detect improper conduct.
(F) Timely disclosure, in writing, to the agency OIG, with a copy to the Contracting Officer, whenever, in connection with the award, performance, or closeout of any Government contract performed by the Contractor or a subcontractor thereunder, the Contractor has credible evidence that a principal, employee, agent, or subcontractor of the Contractor has committed a violation of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in Title 18 U.S.C. or a violation of the civil False Claims Act (31 U.S.C. 3729-3733).
(1) If a violation relates to more than one Government contract, the Contractor may make the disclosure to the agency OIG and Contracting Officer responsible for the largest dollar value contract impacted by the violation.
(2) If the violation relates to an order against a Governmentwide acquisition contract, a multi-agency contract, a multiple-award schedule contract such as the Federal Supply Schedule, or any other procurement instrument intended for use by multiple agencies, the contractor shall notify the OIG of the ordering agency and the IG of the agency responsible for the basic contract, and the respective agencies' contracting officers.
(3) The disclosure requirement for an individual contract continues until at least 3 years after final payment on the contract.
(4) The Government will safeguard such disclosures in accordance with paragraph (b)(3)(ii) of this clause.
(G) Full cooperation with any Government agencies responsible for audits, investigations, or corrective actions.
(d) Subcontracts.
(1) The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts that have a value in excess of $5.5 million and a performance period of more than 120 days.
(2) In altering this clause to identify the appropriate parties, all disclosures of violation of the civil False Claims Act or of Federal criminal law shall be directed to the agency Office of the Inspector General, with a copy to the Contracting Officer.
(End of clause)
52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--
REPRESENTATION (NOV 2015)
(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).
(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.
(c) Representation. The Offeror represents that--
(1) It [ ___ ] is, [ ___ ] is not an inverted domestic corporation; and
(2) It [ ___ ] is, [ ___ ] is not a subsidiary of an inverted domestic corporation.
(End of provision)
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (NOV 2015)
(a) Definitions. As used in this clause--
Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
Subsidiary means an entity in which more than 50 percent of the entity is owned--
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
(b) If the contractor reorganizes as an inverted domestic corporation or becomes a subsidiary of an inverted domestic corporation at any time during the period of performance of this contract, the Government may be prohibited from paying for Contractor activities performed after the date when it becomes an inverted domestic corporation or subsidiary. The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause.
(c) Exceptions to this prohibition are located at 9.108-2.
(d) In the event the Contractor becomes either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation during contract performance, the Contractor shall give written notice to the Contracting Officer within five business days from the date of the inversion event.
52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A
FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)
(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or
(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.
(b) The Offeror represents that--
(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and
(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (OCT 2018)
ALTERNATE I (OCT 2014)
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u)) of this provision.
(a) Definitions. As used in this provision--
“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
“Forced or indentured child labor” means all work or service—
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
“Sensitive technology”—
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
“Service-disabled veteran-owned small business concern”—
(1) Means a small business concern—
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.
“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
“Subsidiary” means an entity in which more than 50 percent of the entity is owned—
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
“Veteran-owned small business concern” means a small business concern—
(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.
“Women-owned small business concern” means a small business concern --
(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.
(b)
(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.
(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.
[Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any.
These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]
(c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply.
(1) Small business concern. The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a small business concern.
(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a veteran-owned small business concern.
(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in…
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