A07_Combined_Synopsis_Solicitation_W81XWH-17-T-0306_ISO_Audit.docx

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

The solicitation number: W81XWH-17-T-0306. This solicitation was issued as a request for proposals (RFP). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-88. This requirement is being set-aside 100% for small business. The North American Industry Classification System (NAICS) number is 541611 and the small business size standard is $15,000,000.00. Contract Line Item Numbers (CLIN), Items, Quantities and Unit of Measure:

Base Period

Option Period 1

Option Period 2

Option Period 3

Option Period 4

Description. USAMMA has a requirement to obtain the ISO 9001:2015 certification. The Contractor shall evaluate the Quality Management System (QMS) of M3D, USAMMA. The Contractor shall determine the acceptability of USAMMA’s QMS against the ISO 9001:2015 standard with the goal of obtaining the appropriate ISO registration certificate. The audits to be conducted under this contract shall include USAMMA’s four (4) Maintenance Operations Divisions (MOD) located in Tracy, CA; Herlong, CA; Hill Air Force Base, UT; and Tobyhanna Army Depot, PA; with the option to include the Army Medical Department (AMEDD) National Maintenance Program (NMP) located at Fort Detrick, MD. The Contractor shall provide re-certification (re-registration) audits and surveillance audits for ISO 9001:2015. The period of performance for this contract shall be for a base period of twelve (12) months from the date of award and four (4) twelve (12) month option periods.

Questions and Proposal Due Dates:

Questions concerning this Request for Proposal (RFP) are due no later than 4:30pam Eastern Time on 13 July 2017. Questions received after this time will not be accepted or answered. Questions shall be submitted in writing to the Contract Specialist, Mr. Christopher Sult, at christopher.m.sult.civ@mail.mil by the closing date and time as stated. The e-mail must have a subject title of “W81XWH-17-T-0306: Solicitation Questions.” Telephone inquiries will NOT be accepted at any time. The Government will issue a solicitation amendment containing answers to questions. Proposals are due No Later Than: 4:30pm Eastern Time on 24 July 2017. Proposal shall be emailed to the Contract Specialist, Mr. Christopher Sult. Proposals shall clearly indicate the offeror’s company name, address, and Point of Contact (POC).

Performance Work Statement (PWS) For ISO 9001:2015, Quality Management Systems Certification

1.0 INTRODUCTION

1.1 The U.S. Army Medical Material Agency (USAMMA) Medical Maintenance Management Directorate (M3D) and its parent command, the U.S. Army Medical Research and Materiel Command (USAMRMC) are located at Fort Detrick in Frederick, Maryland, approximately 60 miles northwest of Washington, DC. USAMMA is a unique and multifaceted organization that serves as the Army Surgeon General’s central focal point and executive agent for strategic medical logistics programs and initiatives. The agency mission is to develop, acquire, provide, and sustain world class solutions and capabilities to enable medical readiness globally. USAMMA principal skills and technologies focus on the medical logistician’s role in lifecycle management, sustaining and modernizing the medical force (Active, Guard, and Reserve), supporting exercises and contingency operations, and promoting medical logistics information and knowledge. USAMMA M3D provides a fully integrated enterprise to support America's premier medical maintenance team with innovative medical logistics solutions. M3D ensures every healthcare provider has the required mission capable medical equipment to deliver optimal healthcare support to America’s warfighter.

2.0 BACKGROUND

2.1 The Medical Maintenance Management Directorate (M3D) at USAMMA is comprised of the Maintenance Operations Divisions (MOD): Medical Maintenance Medical Operations Division (MMOD) - Tobyhanna, PA; Tracy, CA; Hill AFB, UT; Sierra Army Depot, CA; and the Army Medical Department (AMEDD) National Maintenance Program (NMP) at Fort Detrick, MD. M3D is ISO 9001:2008 registered and is seeking certification for the new requirement of ISO 9001:2015. Organizations are required to conduct yearly surveillance audits and recertify every three (3) years. ISO is the world’s largest developer of voluntary International Standards which provide state-of-the-art specifications for products, services, and good practice helping to make industry more efficient and effective. An ISO 9001:2015 registration offers independence and flexibility that no other alternative can claim.

2.2 MMOD’s have provided quality depot level maintenance for medical equipment for several years. While a level of excellence has been achieved in addition to consistently providing high quality service, the ISO 9001:2008 certification has prompted the divisions to achieve increased excellence. ISO 9001:2015 ensures the maintenance divisions maintain the level of excellence required in today's marketplace. NMP promotes medical maintenance support for the Army Medical Department through development, review, and update of maintenance policy; provides support for special initiatives; and exercises strategic oversight for the development, acquisition, and sustainment of medical equipment. M3D has established a Quality Management System (QMS) comprised of a Quality Policy, Quality Manual, Quality Objectives, System Level Procedures, Work Instructions, and forms. QMS has been in place since May 2002 and the ISO certification was obtained on 8 October 2003.

2.3 Scope

2.3.1 USAMMA has a requirement to obtain the ISO 9001:2015 certification. The Contractor shall evaluate the Quality Management System (QMS) of M3D, USAMMA. The Contractor shall determine the acceptability of USAMMA’s QMS against the ISO 9001:2015 standard with the goal of obtaining the appropriate ISO registration certificate. The audits to be conducted under this contract shall include USAMMA’s four (4) Maintenance Operations Divisions (MOD) located in Tracy, CA; Herlong, CA; Hill Air Force Base, UT; and Tobyhanna Army Depot, PA; with the option to include the Army Medical Department (AMEDD) National Maintenance Program (NMP) located at Fort Detrick, MD. The Contractor shall provide re-certification (re-registration) audits and surveillance audits for ISO 9001:2015.

3.0 GENERAL REQUIREMENTS

3.1 Period of Performance

3.1.1 The period of performance for this contract shall be for a base period of twelve (12) months from the date of award and four (4) twelve (12) month option periods.

3.2 Place of Performance

3.2.1 The Contractor shall perform services at the following locations:

3.2.1.1 Tracy, CA;

3.2.1.2 Herlong, CA;

3.2.1.3 Hill Air Force Base, UT; and

3.2.1.4 Tobyhanna Army Depot, PA;

3.2.1.5 The Army Medical Department (AMEDD) National Maintenance Program (NMP) located at Fort Detrick, MD.

3.3 Key Personnel. The following positions are estimated to be filled by Key Personnel:

Position Title:

Auditors

3.4 Certifications and Registrations

3.4.1 The Contractor shall be an accredited certification body by the ANSI-ASQ National Accreditation Board (ANAB) (http://www.anab.org/). The ANAB assesses and accredits certification bodies (CBs) that demonstrate competence to audit and certify organizations conforming with management systems standards.

3.4.2 The Contractor shall be registered at the Registrar Office for International Organization for Standardization (ISO) 9001:2015.

3.5. Quality Control Plan (QCP) (Deliverable 1). The Contractor shall include a draft QCP as an attachment to their technical proposal. The QCP shall document how the Contractor will meet and comply with the quality standards established in this PWS. At a minimum, the QCP must include a self-inspection plan, an internal staffing plan, and an outline of the procedures that the Contractor shall use to maintain quality, timeliness, responsiveness, customer satisfaction, and any other requirements set forth in this solicitation.

3.6 Organizational Conflicts of Interest (OCI) (Deliverable 2, Attachment 1). This contract will be used to procure USAMRMC OCI Category 3 Product Support that falls within the scope of the PWS. The contractor shall provide an OCI certification with their proposal. If there is an OCI, the contractor shall provide a draft OCI Mitigation plan with their proposal.

3.7 Non-Disclosure Statement (NDS) (Deliverable 3, Attachment 2). The contractor shall ensure that all contractor personnel are advised of nondisclosure policies as well as restrictions from communicating official business to media outlets. The contractor’s employees may be required to sign specific non-disclosure statements as required by contract. The contractor shall provide signed non-disclosure statements from each personnel assigned, prior to performing any services.

4.0 PERFORMANCE REQUIREMENT

4.1 Documentation Review Phase. The Contractor shall conduct a review of USAMMA’s Quality Management System (QMS) documentation prior to the initial registration audit to determine the documentation adequately addresses the requirements of ISO 9001:2015 where applicable. All significant omissions shall be reported to the COR as a deliverable in writing in the form of a Document Review Report (Deliverable 4).

4.2 Assessment Phase. The Contractor shall conduct an assessment that comprises of an on-site evaluation (initial audit) of USAMMA’s implemented Quality Management System (QMS) against ISO 9001:2015 requirements (Deliverable 5). In reviewing the adequacy and effectiveness of USAMMA’s QMS, the Contractor shall evaluate conformance to the ISO standard and the QMS procedures. The evaluation shall be completed by interviewing personnel in the departments or areas to be designated by the COR after contract award, the required management levels who possess the responsibilities, and authorities associated with USAMMA’s intended scope of registration.

4.3 Recommendation for Registration (Deliverable 6). Following the on-site audit, when the Contractor determines USAMMA has met all the requirements, an ISO 9001:2015 Registration Certificate for the evaluation of USAMMA’s QMS shall be issued. USAMMA should provide a Corrective Action Plan (CAP) to the Registrar (Contractor) for all non-conformances identified during the audit. The certificate will be valid for three (3) years subject to satisfactory completion of surveillance audits.

4.4 Surveillance Audits. The Contractor shall conduct annual surveillance audits to ensure USAMMA’s QMS continues to be implemented in accordance with (IAW) the "planned arrangements" stated in USAMMA’s QMS and the system continues to be compliant with ISO 9001:2015. Annual surveillance means surveillance audits shall be conducted on an annual basis following the date of issue of the Registration Certificate (Deliverable 7).

4.5 Performance Requirement Summary

5. SPECIAL REQUIREMENTS

5.1 Duty Hours

5.1.1 Contractor personnel shall perform services during regular duty hours 8:00 A.M. to 5:00 P.M., Monday through Friday, excluding Federal Holidays as listed in paragraph 5.1.4 below. Contractor shall implement a system that accurately records hours worked and that is available to the Contracting Officer’s Representative (COR).

5.1.2 Contractor shall not perform services on those days designated as a Federal Holiday by the Federal Status, Executive Order, Presidential Proclamation, or Installation Commander.

5.1.3 Contractor shall not perform services or report to work on those days the Government or installation is closed due to local determination relating to inclement weather conditions, national emergencies, energy conversation, requiring the closures.

5.1.4 The following is a list of legal federal holidays that services shall not be performed. Services shall not be performed on any other day declared a federal holiday.

5.1.4.1 New Year’s Day, January 1st

5.1.4.2 Martin Luther King's Birthday, 3rd Monday in January

5.1.4.3 President’s Day, 3rd Monday in February

5.1.4.4 Memorial Day, Last Monday in May

5.1.4.5 Independence Day, July 4th

5.1.4.6 Labor Day, 1st Monday in September

5.1.4.7 Columbus Day, 2nd Monday in October

5.1.4.8 Veteran’s Day, November 11th

5.1.4.9 Thanksgiving Day, 4th Thursday in November

5.1.4.10 Christmas Day, December 25th

5.1.5 Any of the above holidays falling on a Saturday will be observed on the preceding Friday; holidays falling on a Sunday will be observed on the following Monday.

5.2 Travel

5.2.1 Travel Request Procedures. The contractor shall coordinate with the COR for all travel. The contractor shall provide a travel estimate in an official memorandum format for approval no later than 15 calendar days prior to the travel date. The travel estimate shall include the cost for airline tickets, car rentals, per diem, registration fees and any other allowable costs associated with the travel request.

5.2.2 Travel Approval Process. The COR is designated as the travel order approval authority by the KO. All travel requirements (including plans, agenda, itinerary, or dates) shall be pre-approved by the COR. The COR will provide the contractor a signed approval of a Government Contractor Official Travel Letter of Identification before the contractor is authorized to travel. Travel to other Government facilities or other contractor facilities may be required and will be specified in each travel authorization letter.

5.2.3 Travel Claim Procedures. The contractor shall provide a Trip Report (Deliverable 11) following each trip. The COR will verify that travel receipts are valid and match the travel requirements identified in the travel request and letter of authorization. Contractor invoices to include costs associated with the travel are due to the COR within 10 calendar days after the completion of the trip. All travel costs shall be billed within 30 days after completion of travel, unless approved by the COR for later billing. Travel costs shall provide detail of all authorized expenses associated with the travel and all receipts including ticket stubs to substantiate claims for all expense items in excess of $75.00. Travel costs are billed on a strictly cost-reimbursable basis and shall be IAW the regulatory implementation of Public Law 99-234 and FAR 31.205-46 Travel Costs (subject to local policy and procedures).

5.3 Other Direct Costs (ODCs)

5.3.1 Travel ODCs. The Government’s estimated cost for Travel is as follows:

5.3.1.1 Base Period Travel ODCs Estimate: $6,500.00

5.3.1.2 Option Period 1 Travel ODCs Estimate: $6,500.00

5.3.1.3 Option Period 2 Travel ODCs Estimate: $6,500.00

5.3.1.4 Option Period 3 Travel ODCs Estimate: $6,500.00

5.3.1.5 Option Period 4 Travel ODCs Estimate: $6,500.00

5.3.2 Miscellaneous ODCs. The Government does not anticipate miscellaneous ODCs.

5.4 Security and Safety

5.4.1 The contractor shall protect classified information involved in performance under this contract. The Department of Defense (DD) Form 441 Depart of Defense Security Agreement will outline responsibilities in the following areas: contractor security supervision; standard practice procedures; access, accountability, storage, and transmission of classified material; marking requirements; security education; personnel security clearances; reports; security checks; security guidance; emergency protection; protection of government resources; DD Forms 254, Contract Security Classification Specification, Department of Defense; periodic security reviews; and other responsibilities, as required.

5.4.2 Access to Army-controlled installations, facilities, and personnel badges.

5.4.2.1 Contractor and all associated sub-contractors employees shall provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

5.4.2.2 Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05/AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative), or, at OCONUS

5.4.2.3 The Contractor shall have a law enforcement background check through the National Crime Information Center (NCIC) and a credit check through appropriate credit bureau entity completed for all proposed personnel who will be entering Army-controlled installations and facilities. The contractor shall provide the results of the preliminary checks to the KO and COR, in writing prior to commencement of work (Deliverable 9). The Contractor will receive notification for those proposed contractor personnel who have been cleared through Fort Detrick’s Security Office.

5.4.2.4 Prior to commencement of services, the contractor shall provide the COR, within seven (7) calendar days in advance of the event, full names, date of birth, place of birth and Social Security numbers (or equivalent identification numbers for non-U.S. citizens) of all personnel who will be entering Army-controlled installation and facilities (Deliverable 10).

5.4.2.5 The contractor shall ensure that its personnel entering Army-controlled installations or facilities have obtained access badges and passes IAW facility regulations and that these badges and passes are obtained in advance so as not to delay the accomplishment of contracted services. The contractor shall contact the COR who is responsible to facilitate and sponsoring contractor’s Army Knowledge Online (AKO) registration and TASS in-processing and out-processing, to include approval, rejection and re-verification.

5.4.2.6 The contractor shall return all issued U.S. Government Common Access Cards, installation badges, access badges to the COR when the contract is completed or when a contractor personnel no longer requires access to the installation and facility.

5.4.3 Force Protection Condition (FPCON) impact on work levels. The contractor workforce shall comply with all personal identity verification requirements as directed by DoD, Headquarters Department of the Army (HQDA), and local policy. In addition to the changes otherwise authorized by the changes clauses of this contract, should the FPCON at any individual facility or installation change, the Government may require changes in contractor security matters or process. IAW Department of Defense Instructions (DoDI) 2000.16, DoD AT Standards, the FPCON is defined as follows:

5.4.3.1 FPCON ALPHA. This condition applies when there is a general threat of possible terrorist activity against personnel and facilities, the nature and extent of which are unpredictable, and circumstances do not justify full implementation of FPCON BRAVO measures. However, it may be necessary to implement certain measures from higher the Terrorist Threat Conditions (THREATCONS) resulting from intelligence received or as a deterrent. The measures in this THREATCON must be capable of being maintained indefinitely.

5.4.3.2 FPCON BRAVO. This condition applies when an increased and more predictable threat of terrorist activity exists. The measures in this THREATCON must be capable of being maintained for weeks without causing undue hardship, affecting operational capability, and aggravating relations with local authorities.

5.4.3.3 FPCON CHARLIE. This condition applies when an incident occurs or intelligence received indicating some form of terrorist action against personnel and facilities is imminent. Implementation of measures in this THREATCON for more than a short period probably will create hardship and affect the peacetime activities of the unit and its personnel.

5.4.3.4 FPCON DELTA. This condition applies in the immediate area where a terrorist attack has occurred or when intelligence has been received that terrorist action against a specific location or person is likely. Normally, this THREATCON is declared as a localized condition. See also anti-terrorism

5.4.3.5 During FPCONs Charlie and Delta, non-essential services are discontinued. Designated essential service will resume when the FPCON level is reduced to level Bravo or lower.

5.4.3.6 When contractor personnel are considered mission essential, all contractor personnel are required to report for duty and remain on duty during declared emergencies or elevated FPCON levels unless otherwise directed by the contracting officer via the appropriate COR.

5.4.4 Generation, handling and storage of classified material. The contractor shall not generate, handle or store classified material for this contract.

5.4.5 Security Requirements. The contractor shall not possess or store classified information at the contractor’s facility; therefore, level of safeguarding required is not applicable to this contract.

5.4.5.1 Unclassified Contract Security Requirements: The contractor shall ensure all personnel performing under this contract have a favorable National Agency Check with written inquires (NACI), including a favorable completion of Federal Bureau of Investigation (FBI) fingerprint check, which the ACOR will coordinate with the United States Army Garrison (USAG) Fort Detrick Security Office. The security requirements shall be maintained for the life of the contract, and citizenship shall be verified by presenting an original birth certificate or a U.S. passport or the original Naturalization Certificate to the USAG Fort Detrick Security office at the time of in processing for all contract personnel assigned to the contract. In order to maintain the security requirements any derogatory information, to include law enforcement issues, mental health issues, or alcohol/drug related issues shall be reported to the COR, ACOR, and USAG Fort Detrick Security Office.

5.4.5.2 DD Form 254 is not required for this contract.

5.4.6 Proprietary Information Assurance and Security. The contractor shall comply with Office of Management and Budget (OMB) Circular A-130, “Management of Federal Information Resources,” which requires Certification and Accreditation (C&A) of all federal information systems every three (3) years at a minimum or as changes that require re-accreditation occur. This C&A requirement ensures the effective safeguarding of sensitive but unclassified (SBU) data against unauthorized modification, disclosure, destruction, and denial of service, as directed by the DoD.

5.4.6.1 The contractor shall protect all data in the strictest confidence; prevent the unauthorized duplication, use and disclosure of information that is subject to the Privacy Act of 1974, HIPAA IAW applicable statutory, regulations, local policies and procedures.

5.4.6.2 All data received, processed, evaluated, loaded, and created as a result of this contract shall remain the sole property of the Government and shall be returned to the Government at the conclusion of the contract unless the contracting officer grants specific exception.

5.4.6.3 The contractor is prohibited from appropriation, disclosure, or unauthorized use of proprietary information that is acquired in the execution of this contract.

5.4.6.4 All products including files, software, and other information, which are created, produced or developed during the period of performance is the property of the Government and shall be returned unless the Government grants the contractor permission to retain the materials and products for continued development or publication.

5.4.6.5 The contractor and all associated sub-contractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This local developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the certifications provided to the COR NLT 45 calendar days after contract award (Deliverable 8).

6.0 DELIVERABLES

6.1 Deliverables Table. The contractor shall provide deliverables as described.

7.0 RELATED DOCUMENTS

7.1 Attachment 1 – Organizational Conflict of Interest

7.2 Attachment 2 – Non-Disclosure Statement

ATTACHMENT 1: ORGANIZATIONAL CONFLICT OF INTEREST (OCI)

1. The U.S. Army Medical Research Materiel Command (USAMRMC) has categorized all service procurements into one of the following three as defined below, for purpose of identifying, avoiding or mitigating against Organizational Conflicts of Interests (OCIs) in accordance with (IAW) the Federal Acquisition Regulation (FAR) Subpart 9.5. These categories are defined as follows:

Category 1 – USAMRMC Internal. Services which, by their very nature, give the Contractor access to non-public procurement sensitive data about the contract requirements, other contractors’ proprietary information, or put the contractor in a position to influence the award decision on a contract in which they are participating. Services would be characterized as having access to Command Wide procurement sensitive information, or work that could likely have an influence over follow-on awards or contracts within subordinate directorates/Commands.

Category 2 - Program and/or Administrative Support. Services which assist in planning and managing an organization’s activities and programs. These include, for example: requirements analysis, acquisition support, budget planning and management, business, process reengineering, program planning and execution support, and independent technical management support. Services would be characterized as having access to only Directorate or Subordinate Command level procurement sensitive information or work that would have little influence on follow-on requirements or requirements of other directorates/Subordinate Commands.

Category 3 - Product Support. Services or end items required to meet the mission requirements of the organization’s activities and programs. These include, for example: concept exploration and development, system design, system development and integration, commercial off the shelf (COTS) procurement and integration, internal development testing, deployment, installation, operations, and maintenance. Services can be characterized as having little or no access to procurement sensitive information other then the immediate requirement and little chances of follow-on work that can be influenced by the immediate requirement.

2. Contractor participation in more than one of these areas may give rise to an unfair competitive advantage resulting from access to advance acquisition planning, source selection sensitive or proprietary information. Furthermore, contractor participation in more than one area may give rise to a real or apparent loss of contractor impartiality and objectivity where its advisory or planning assistance in one area potentially affects its present or future participation in another area.

3. The purpose of this categorization is to accomplish the following three objectives: (1) to inform prospective Offerors that USAMRMC presumes that award of a contract or order in the subject category will give rise to real or apparent OCIs with respect to requirements in the other two categories; (2) to assist current contractors and prospective Offerors in developing their own business strategies regarding participation in the U.S. Army Medical Material Agency (USAMMA) requirements and in identifying and, where possible, avoiding or mitigating against OCIs; and (3) to ensure that all current contractors and prospective Offerors are afforded the maximum practicable opportunity to compete for all USAMMA requirements consistent with the restrictions required under FAR Subpart 9.5 and sound business practices.

4. For purposes of identifying, avoiding and mitigating against OCIs, USAMMA will examine all its service requirements and acquisitions regardless of the cognizant contracting activity (e.g., U.S. Army Medical Research Acquisition Activity (USAMRAA), GSA, other agency Multiple Award Schedules, etc.) or the type of contract vehicle used (e.g., FSS order, Fair Opportunity competitive order under Multiple Award Indefinite Delivery Indefinite Quantity IDIQ Contracts, competitively negotiated awards under FAR Part 15, etc.).

5. Each USAMMA’s service procurement solicitation will therefore be designated as falling within one of the three above defined categories. The work called for under this contract has been determined by USAMRAA to fall within the following USAMRMC OCI categories:

Category 3 - Product Support.

6. USAMRAA will administer this clause for purposes of award eligibility for each solicitation as follows:

a. An Offeror that has never provided support to USAMMA in any of the categories is eligible for award in any category without any further action required under this clause.

b. An Offeror that provides or has provided support to USAMMA in only one category of work and has never supported USAMMA in any other category (a single-category Contractor) is eligible for award for any future requirement in that single category without further action under this clause.

(1) A single-category Offeror/Contractor wishing to submit an offer in a different category, or any Offeror/Contractor which now provides or previously has provided support in more than one category, must include the following as part of its offer:

(i) Perform a comparative analysis of the potential new work against all current and previous work performed in support of USAMMA in any category other than that of the new work being offered. The comparative analysis must be included in the proposal for the new work, and must include a statement certifying whether the Contractor believes that its performance of the proposed new work would create a real or apparent OCI. If the Contractor believes that no real or perceived OCI will result from an award of the proposed work, no additional action by the Contractor is required.

(ii) If the Offeror/Contractor believes that a real or apparent OCI may exist as a result of an award, the Contractor shall also submit an OCI Avoidance or Mitigation Plan with its proposal.

(iii) Inclusion of the comparative analysis and OCI Avoidance or Mitigation Plan will not be counted against any offer page limitations otherwise stated in the solicitation.

7. The Contracting Officer (and when applicable the appropriate program office, acquisition manager, and legal counsel) will review the comparative analysis and, if provided, the Avoidance or Mitigation Plan, IAW the requirements of FAR Subpart 9.5 (Organizational Conflict of Interest) to determine whether award to that Offeror would be consistent with those requirements.

a. If it is unilaterally determined by the Contracting Officer that no OCI would arise or that the OCI Avoidance or Mitigation Plan adequately protects the interests of the government in the event of award to that Offeror, the Offeror will be determined, for purposes of this clause, to be eligible for award.

b. If the Contracting Officer reasonably determines that a Contractor has not provided either a comparative analysis or avoidance/mitigation plan, or both, or that the analyses or plan provided is inadequate, sanctions including elimination from the award process, or termination of the related contract effort already awarded, as well as other appropriate sanctions will be considered.

c. If the Offeror/Contractor knows of no OCI in accepting work under this contract, it shall certify its OCI status and submit the certification at the end of this clause with its proposal and any later award, if awarded the contract. The Contractor shall also obtain a similar certification of OCI status from all subcontractors, teaming partners or consultants prior to tasking any such party under this contract. The Contractor shall appropriately modify and include this clause, including this paragraph, in all consulting agreements and subcontracts of any tier to preserve the rights of the Government.

8. For breach of any of the above restrictions or for nondisclosure or misrepresentation of any relevant facts required to be disclosed concerning this contract, the Government may terminate this contract, disqualify the Contractor from subsequent related contractual efforts, and pursue any remedies as may be permitted by law or this contract.

9. Prior to a contract modification involving a change to the Performance Work Statement, or an increase in the level of effort or extension of the term of the contract, the Contractor shall submit any applicable organizational conflict of interest disclosure or an update of the previously submitted disclosure or representation.

10. The Offeror/Contractor should review the considerations below in determining whether or not a conflict of interest exists.

a. Does the Offeror or any intended subcontractors, teaming partners, proposed employees, or affiliates have Unequal Access to Information? Would award to the Offeror result in the Offeror having the opportunity to access nonpublic information that may give the Offeror a competitive advantage in a later competition for a government contract? Specifically, will the Offeror/Contractor have access to any of the following information?

(1) Budget(s), or Budget Information?

(2) Acquisition Sensitive Information related to the procurement process to include, but not limited to Acquisition Plans, Requirements, Statements of Work, or Evaluation Criteria?

(3) Does the Offeror or any intended subcontractors, teaming partners, proposed employees, or affiliates have “impaired objectivity” because the Offeror’s ability to render impartial judgments may be compromised because of its conflicting role(s) on this effort and other government contracts?

(4) Do “biased ground rules” exist? Most commonly, this would include a situation where the Offeror has, as a government Contractor, written specifications or a statement of work for this effort, which could skew competition in favor of itself?

(5) Is the Offeror aware of any other information relating to this proposed contract/order, which could reasonably be construed as creating an OCI?

11. The Offeror/Contractor hereby certifies to the best of its knowledge its OCI status below:

(Offeror: Choose one of the following two statements. Indicate which one applies by placing an X in the box to the left of the statement.)

____ No real or perceived OCI, as defined in FAR 2.1 and discussed in FAR 9.5, will result from an award of the proposed work (there are no ‘Yes’ responses to the questions above).

____ A real or apparent OCI may exist as a result of an award and therefore an appropriate OCI Avoidance or Mitigation Plan is attached (Offeror shall include an appropriate OCI Avoidance or Mitigation Plan, as required by this clause, with its quote to the Contracting Officer).

Upon award the Contractor agrees that it will provide timely OCI training to all employees and subcontractor employees working on this effort, which will include emphasis on how work performed by Contractor employees (either prime Contractor, subcontractor, or other teaming partners) under one USAMRMC OCI category can exclude the Contractor as well as its teaming partners from performing related tasks under a different OCI category of work.

____________________________ (Signature) ____________________ (Date)

____________________________ (Printed Name) ____________________ (Title

ATTACHMENT 2: NON-DISCLOSURE STATEMENT (NDS)

Non-Disclosure Agreement for Contractor Employees and Subcontractors.

I, __________, am an employee of or a subcontractor to [Company Name], a Contractor acting under contract to the U.S. Army Medical Materiel Agency (USAMMA) Medical Maintenance Management Directorate (M3D) under Prime Contract No. W81XWH-17-P-XXXX. I understand that in the performance of this task, I may have access to sensitive or proprietary business, technical, financial, and/or source selection information belonging to the Government or other Contractors. This information includes, but is not limited to, cost/ pricing data; Government spend plan data; Planning, Programming, Budgeting and Execution (PPBE) documents and information, as defined in Department of Defense (DoD) Directive 7045.14; Contractor technical proposal data; independent government cost estimates; negotiation strategies and Contractor data presented in negotiations; contracting plans and statements of work. I agree not to use, discuss, divulge, or disclose any such information or data to any person or entity except those persons directly concerned with the use or performance of this delivery order. I have been advised that the unauthorized disclosure, use or negligent handling of the information by me could cause irreparable injury to the owner of the information. The injury could be source sensitive procurement information of the government or proprietary/trade secret information of another company.

I understand that the United States Government may seek any remedy available to it to enforce this Agreement, including, but not limited to, application for a court order prohibiting disclosure of information in breach of this agreement. Court costs and reasonable attorney fees incurred by the United States Government may be assessed against me if I lose such action. I understand that another company might file a separate claim against me if I have misused its proprietary information.

In the event that I seek other employment, I will reveal to any prospective employer the continuing obligation in this agreement prior to accepting any employment offer.

The obligations imposed herein do not extend to information/data which is:

a. in the public domain at the time of receipt or it came into the public domain thereafter through no act of mine;

b. disclosed with the prior written approval of the USAMMA designated Contracting Officer;

c. demonstrated to have been developed by [Company Name], or me independently of disclosures made hereunder;

d. disclosed pursuant to court order, after notification to the USAMMA designated Contracting Officer;

e. disclosed inadvertently despite the exercise of the same reasonable degree of care a party normally uses to protect its own proprietary information.

I have read this agreement carefully and my questions, if any, have been answered to my satisfaction.

(Printed Name of Employee or Subcontractor) Date

(Signature) Organization

(Signature of Corporate Official) Date

(Printed Name of Corporate Official) (Printed Title –Task Manager or higher)

KEY PERSONNEL (June 2015) (USAMRAA)

a. The Contractor agrees to utilize the following Key Personnel on this contract:

Position Title:

Auditors

b. The above Key Personnel shall be utilized as necessary to fulfill the requirements of this contract.

c. The contractor must provide thorough and detailed documentation of the experience, abilities, and background for Key Personnel under this contract in the form of resumes or equivalent statements of qualifications. Such documentation shall include but not be limited to: name, curriculum vitae, type and description of experience.

d. The contractor agrees that during the contract performance period substitution for Key Personnel shall not be permitted unless such substitution is necessitated by sudden illness, death, or termination of employment. In any of these events, the contractor shall promptly notify the Contracting Officer and provide the information required by paragraph (e) below.

e. All requests for substitutions must provide a detailed explanation of the circumstances necessitating the proposed substitution(s), a complete resume for the proposed substitute(s), and any other information requested by the Contracting Officer needed to approve or disapprove the proposed substitution(s). All proposed substitutes shall have qualifications that are equal to or higher than the qualifications of the person to be replaced. The Contracting Officer or his authorized representative will evaluate such requests and promptly notify the contractor of his approval or disapproval thereof.

f. If any of the listed Key Personnel are subcontractor personnel, the contractor shall include the substance of this clause in any subcontract which he awards under this contract.

CONTRACTOR IDENTIFICATION (June 2015) (USAMRAA)

When contractor personnel perform the services required in this contract on a Government installation they are required to possess and wear an identification badge that displays his or her name and the name of the Company. The contractor shall ensure that contractor personnel identify themselves as contractors when attending meetings, answering Government telephones, providing any type of written correspondence, or working in situations where their actions could be construed as official Government acts.

While performing in a contractor capacity, contractor personnel shall refrain from using their retired or reserve component military rank or title in all written or verbal communications.

Contractor Manpower Reporting (CMR) (June 2015) (USAMRAA)

"The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the USAMMA, W05JAA, W25MWY via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: ARMY:https://cmra.army.mil/Login.aspx. Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2013. Contractors may direct questions to the applicable help desk at: ARMY:https://cmra.army.mil/Login.aspx.

The provision at 52.212-1, Instructions to Offerors – Commercial, applies to this acquisition. The provision at 52.212-2, Evaluation – Commercial Items, applies to this acquisition. Offerors shall include a completed copy of provision 52.212-3, Offeror Representations and Certifications – Commercial Items, in their offer. The provision at 52.212-4, Contract Terms and Conditions – Commercial Items, applies to this acquisition. The provision at 52.212-5 (Dev), Contract Terms and Conditions Required To Implement Statutes Or Executive Orders – Commercial Items, applies to this acquisition.

The following Federal Acquisition Regulation (FAR) clauses are applicable:

52.204-16 52.204-18 52.204-21 52.217-5 52.232-40

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JAN 2017)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at https://www.sam.gov/portal. 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 --

“Administrative merits determination” means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Arbitral award or decision” means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Civil judgment” means—

1. In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.

(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: ``Guidance for Executive Order 13673, `Fair Pay and Safe Workplaces' ''. The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.

“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…