Call_Center_Clauses-Provisions_Instructions-Evaluations_Attachment_03.docx

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Attachment 03

Combined Synopsis/Solicitation For U.S. Army Medical Command Wounded Soldiers and Family Hotline

W9124J-19-R-0006

Clauses/Provisions and Instructions/Evaluations

a. The following Clauses/Provisions are incorporated by reference in combined synopsis/solicitation W9124J-19- R-0006:

52.202-1
Definitions of Words and Terms Provisions and Clauses
NOV 2013
52.203-3
Gratuities
APR 1984
52.203-5
Covenant Against Contingent Fees
MAY 2014
52.203-6
Restrictions on Subcontractor Sales to the Government
SEP 2006
52.203-6 Alt I
Restrictions on Subcontractor Sales to the Government
OCT 1995
52.203-7
Anti-Kickback Procedures
MAY 2014
52.203-12
Limitation on Payments to Influence Certain Federal
OCT 2010

Transactions

52.203-13
Contractor Code of Business Ethics and Conduct
OCT 2015
52.203-17
Contractor Employee Whistleblower Rights and Requirement
APR 2014

To Inform Employees of Whistleblower Rights

52.203-19
Prohibition on Requiring Certain Internal Confidentiality
JAN 2017

Agreements or Statements

52.204-4
Printed or Copied Double Sided on Postconsumer Fiber
MAY 2011

Content Paper

52.204-7
System for Award Management
OCT 2018
52.204-9
Personal Identity Verification of Contractor Personnel
JAN 2011
52.204-10
Reporting Executive Compensation and First-Tier
OCT 2018

Subcontract Awards

52.204-13
System for Award Management Maintenance
OCT 2018
52.204-16
Commercial and Government Entity Code Reporting
JUL 2016
52.204-18
Commercial and Government Entity Code Maintenance
JUL 2016

52.207-3 52.209-6 Right of First Refusal of Employment Protecting the Government’s Interest When Subcontracting

MAY 2006

OCT 2015

With Contractors Debarred, Suspended, or Proposed for

Debarment

52.209-7
Information Regarding Responsibility Matters
OCT 2018
52.209-9
Updates of Publicly Available Information Regarding
OCT 2018

Responsibility Matters

52.209-10
Prohibition on Contracting With Inverted Domestic
NOV 2015

Corporations

52.211-10 Alt. I
Commencement, Prosecution, and Completion of Work
APR 1984
52.212-4
Contract Terms and Conditions--Commercial Items -
OCT 2018

Alternate I

52.215-21
Requirements for Certified Cost or Pricing Data and Data Other
OCT 2010

Than Certified Cost or Pricing Data – Modifications

52.217-5
Evaluation of Options
JUL 1990
52.219-1
Small Business Program Representations
OCT 2014
52.219-14
Limitations on Subcontracting
DEV 2019-O0003
52.219-3
Notice of HUBZone Set-Aside or Sole Source Award JAN 2019
DEV 2019-O0003
52.219-28
Post-Award Small Business Program Representation
JUL 2013
52.222-3
Convict Labor
JUN 2003
52.222-37
Employment Reports on Veterans
FEB 2016
52.222-17
Nondisplacement of Qualified Workers
MAY 2014
52.222-37
Employment Reports on Veterans
FEB 2016

52.222-41 52.222-42 52.222-43

Service Contract Labor Standards Statement of Equivalent Rates for Federal Hires Fair labor Standards Act and Service Contract Labor standards—Price Adjustment (Multiple Year And Option Contracts

AUG 2018

MAY 2014

AUG 2018

AUG 2011

52.223-18 52.224-1 52.224-2 52.224-3

Encourage Contractor Policies to Ban Text Mess. While Driving Privacy Act Notification Privacy Act Privacy Training

AUG 2011

APR 1984

APR 1984

JAN 2017

52.232-33
Payment by Electronic Funds Transfer—System for Award
OCT 2018

52.232-39 Management Unenforceability of Unauthorized Obligations

JUN 2013

52.232-40
Providing Accelerated Payments to Small Business
DEC 2013

52.233-2 Subcontractors Service of Protest

SEP 2006

52.233-3
Protest After Award
AUG 1996
52.233-4
Applicable Law for Breach of Contract Claim
OCT 2004

52.237-3

Continuity of Services

JAN 1991

52.242-13
Bankruptcy
JUL 1995
52.250-4 Alt I
SAFETY Act Pre-qualification Designation Notice Alternate I
FEB 2009
52.252-6
Authorized Deviations In Clauses
APR 1984
52.253-1
Computer Generated Forms
JAN 1991
252.201-7000
Contracting Officer’s Representative
DEC 1991
252.203-7000
Requirements Relating to Compensation of Former DoD
SEP 2011

252.203-7002 Officials Requirement to Inform Employees of Whistleblower Rights

SEP 2013

252.203-7005
Representation Relating to Compensation of Former DoD
NOV 2011

252.204-7003 Officials Control of Government Personnel Work Product

APR 1992

252.204-7008
Compliance With Safeguarding Covered Defense Information
OCT 2016

252.204-7012 Controls Safeguarding Covered Defense Information and Cyber Incident Reporting

OCT 2016

252.204-7015
Notice of Automated Disclosure of Information
MAY 2016
252.205-7000
Provision of Information to Cooperative Agreement Holders
DEC 1991
252.209-7004
Subcontracting With Firms is a State Sponsor of Terrorism
MAY 2019
252.209-7998 (Dev)
Representation Regarding Conviction of a Felony Criminal Violation under any Federal or State Law
MAR 2012
252.209-7999 (Dev)
Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under any Federal Law (Deviation)
JAN 2012
252.222.7007
The Government of a Country that is a State Sponsor of Terrorism Representation Regarding Combating Trafficking in Persons
JAN 2015
252.227-7015
Technical Data – Commercial Items
FEB 2014
252.232-7003
Electronic Submission of Payment Requests and Receiving Reports
DEC 2018
252.232-7006
Wide Area Workflow Payment Instructions
DEC 2018
252.232-7010
Levies on Contract Payments
DEC 2006

252.232-7998

252.239-7001

OBLIGATIONS IN ADVANCE OF FISCAL YEAR 2014 FUNDING (DEVIATION 2014-00001)

Information Assurance Contractor Training and Certification

OCT 2013

JAN 2008

252.243-7001
Pricing of Contract Modifications
DEC 1991
252.243-7002
Requests for Equitable Adjustments
DEC 2012
252.244-7000
Subcontracts for Commercial Items
JUN 2013

b. The following Clauses/Provisions are incorporated by reference in combined synopsis/solicitation

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2018)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition is 541690, Other Scientific and Technical Consulting Services with a size standard of $15M.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. As a minimum, offers must show --

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) “Remit to” address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during pre- award testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)

(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and—

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation. (1)

(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--

17 July 2019 GSA Federal Supply Service Specifications Section Suite 8100 470 L’Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925)

Facsimile (202 619-8978).

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites--

(i) ASSIST (https://assist.dla.mil/online/start/ ).

(ii) Quick Search (http://quicksearch.dla.mil/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by—

(i) Using the ASSIST Shopping Wizard ( https://assist.dla.mil/wizard/index.cfm );

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4 Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697/2197, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Data Universal Numbering System (DUNS) Number. (Applies to offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the offeror’s name and address. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1- 866-705-5711 or via the Internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.

(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.

(2) The overall evaluated cost or price and technical rating of the successful and debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source- selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

A. SOLICITATION/PROPOSAL REQUIREMENTS-Instructions, Conditions, and Notices to Offerors

1. Proposal Submittal and Inquiries.

a. The solicitation (up to and including this and any future solicitation amendments, if any) will constitute to the Offeror's complete "proposal" for the subject services and shall be submitted NOT LATER THAN 12:00 (noon) CENTRAL DAYLIGHT TIME (CDT) Friday 2 Aug 2019.

b. All proposals shall be submitted electronically via email to the attention of:

CONTRACT SPECIALIST: Osvaldo Vela, e-mail: osvaldo.c.vela.mil@mail.mil CONTRACTING OFFICER: Regina Espinoza, e-mail: regina.m.espinoza.civ@mail.mil Offerors shall review the solicitation and its amendments (if applicable) and submit only written questions and/or comments with the Subject Line Reference: Questions/Comments/Exceptions for the Wounded Soldiers and Family Hotline, W9124J-19-R-0006. All inquiries, questions and or comments shall be directed to the attention of:

CONTRACT SPECIALIST: Osvaldo Vela, e-mail: osvaldo.c.vela.mil@mail.mil CONTRACTING OFFICER: Regina Espinoza, e-mail: regina.m.espinoza.civ@mail.mil The deadline for the submittal of all Questions/Comments/Exceptions is Tuesday, 23 July 2019 at 12:00 P.M. (noon) CDT.

2. Time for Acceptance: Unless the Offeror inserts a different period of time on the combined Synopsis/Solicitation, the proposal shall remain valid for 60 days after the date identified in preceding paragraph.

B. General Instructions

1. The selection of a source for award purposes will be conducted in accordance with Federal Acquisition Regulation (FAR) Part 12, “Acquisition of Commercial Items,” in conjunction with FAR Subpart 13.5 “Simplified Procedures for Certain Commercial Items”. Offers will be evaluated using the criteria under Addendum to FAR Clause 52.212-2, “Evaluation Factors for Award.”

2. Award will be made to a single Offeror who is deemed responsible in accordance with the Federal Acquisition Regulation (FAR), whose proposal is judged by an overall assessment of the evaluation criteria and other considerations specified in this solicitation, which will represent the Lowest Priced Technical Acceptable offer. Trade-offs between cost/price and non-cost/price factors are not permitted.

3. Noncompliance with the Request for Quote (RFQ) requirements may hamper the Government's ability to properly evaluate the proposal and may result in elimination of the proposal from further consideration for contract award.

4. The submission of the documentation specified will constitute the Offeror's acceptance of the terms and conditions of the RFQ and contract type.

5. The applicable NAICS Code for this RFQ is 624190, Other Individual and Family Services, with a corresponding Small Business Size Standard of $11 million.

6. It is the Government's intention to award without discussions. Offerors are encouraged to present their best technical proposal and price in their initial proposal submission. However, in accordance with FAR Part 15.306(a)(3), should discussions become necessary, the Government reserves the right to hold them.

7. Instructions outlined in paragraph C below, prescribe the format for the proposal, and describe the approach for the development and presentation of proposal data. These instructions are designed to ensure the submission of necessary information to provide for the understanding and comprehensive evaluation of proposals.

8. If an Offeror believes that the requirements in these instructions contain an error, an ambiguity, omission, or are otherwise deemed unsound, the Offeror shall immediately notify the Contracting Officer in writing with supporting rationale. The Offeror is reminded that the Government reserves the right to award this effort based on the initial proposal, as received, without discussion.

9. In accordance with FAR Subpart 4.8, Government Contract Files, the Government will retain one copy of all unsuccessful proposals. Unless the Offeror requests otherwise, the Government will destroy extra copies of such unsuccessful proposals.

10. Debriefings: Upon written request unsuccessful offerors may request to receive a brief explanation in accordance with the requirements of FAR 52.212-1(1).

C. Proposal Content:

Volume I – General: Offerors are required to include all Representation, Certifications, and Other Statements of Offerors. Failure to follow Contract Proposal preparation instructions may cause Offeror’s proposal to be deemed unacceptable by the Government. The General Volume shall be organized as follows and contain the identified information.

The Offeror shall acknowledge any amendments to the RFQ in accordance with the instructions at time of release. The Offeror shall provide the name, title and telephone number of the company/division point of contact regarding decisions made with respect to your proposal and who can obligate your company contractually. Also, identify those individuals authorized to negotiate with the Government.

Complete FAR Provisions 52.212-3—Offeror Representations and Certification—Commercial Items; 52.219-1— Small Business Program Representations with Alternate I; and 52.222-22—Previous Contract and Compliance Reports. The Offeror shall ensure that these provisions are submitted thoroughly completed with all blocks in each certification/representation completed truthfully and completely.

In the event the Offeror is a joint venture, the Offeror shall provide a copy of the joint venture agreement signed by all partners. The joint venture agreement shall specify the rights and responsibilities of each partner and shall identify the managing partner. In addition, the Offeror shall provide a summary narrative that specifically delineates what each partner will do in regard to performing the contract. The responsibilities of the managing partner are significantly more important than the responsibilities of all other partners combined.

In the event the Offeror will be subcontracting with another or multiple businesses, the Offeror shall certify whom the Offeror intends to subcontract with and will also certify that at least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the Small Business in accordance with FAR 52.219-14, Limitations on Subcontracting.

Volume II: Technical Volume Capability: The Technical Capability portion shall be clear, concise and include sufficient detail for effective evaluation and for substantiating the validity of stated claims in the Offer’s proposal. Legibility, clarity and coherence are very important. Proposal will be evaluated against the technical factors defined in Addendum to FAR Clause 52.212-2, Evaluation Factors for Award. The proposal should not simply rephrase or restate the Government’s requirements, but rather shall provide convincing rationale to address how the Offeror intends to meet these requirements. Statements that the Offeror understands, can, or will comply with the Performance Work Statement (including referenced publications, technical data, etc.), statements paraphrasing the PWS or parts thereof (including applicable publications, technical data, etc.), and phrases such as “standard Procedures will be employed” or “well known techniques will be used” will be considered unacceptable. Offerors shall assume that the Government has no prior knowledge of their facilities and experience, and will base its evaluation on the information presented in the Offeror’s proposal. The Offeror shall address as specifically as possible the actual methodology used for accomplishing the PWS tasks. Any assumptions, exceptions, or deviations must be addressed and communicated to the Contracting Officer no later than instructed above.

The Technical Capability portion shall be organized according to the following general outline:

Factor 1: Technical Capability

Subfactor 1: Corporate Experience. This subfactor will evaluate the Offeror’s corporate experience and ability to work successfully with Government personnel in furtherance of the call center mission. Specifically, this subfactor will determine:

a. Experience in managing and operating a call center that relates to medical care or medical administrative issues;

b. Experience in identifying and documenting best practices in handling caller issues; and.

c. Experience in coordinating with government personnel in addressing military/veterans/retirees medical care.

Subfactor 2: Understanding the Requirement. This subfactor will evaluate the extent to which the Offeror demonstrates a thorough understanding of the complexity, tasks, and effort required to operate a medical call center in support of the delivery of medical care to the military members, their dependents, veterans and retirees.

a. Capabilities and skills are need to be able handle a call surge or address new call issues coming into the call center.

b. Offeror must be able to demonstrate understanding of the program by addressing the execution of the task found in the PWS Part 5 Specific Task.

Subfactor 3: Staffing Plan/Qualifications of Key Personnel. This subfactor will evaluate the Offeror’s proposed staffing and key personnel qualifications. Specifically, this subfactor must address each of the following elements:

a. Narrative outlining the staffing approach; and

b. Proposed Staffing Plan (e.g. program manager and shift leaders).

The Program Manager must be on site and shall have the following qualifications:

- Minimum of 7 years Military Medical/Veteran Department administrative and/or clinical management experience, or have 3 years military/veteran medical call center management experience.

- Possess a Bachelor's degree from an accredited college/university.

Each shift shall have a Shift Leader and shall have the following qualifications:

- Minimum of 5 years Military Medical/Veteran Department administrative and/or clinical Team Lead experience and/or 2 years military medical call center Team Lead experience.

- Shift leaders will possess at least an Associate's degree from an accredited college/university.

Subfactor 4: Quality Control Approach: This subfactor must address each of the following elements:

a. How the Offeror will monitor the performance of the contract tasks;

b. Offeror’s internal quality inspection process of deliverables prior to submission to Contracting Officer’s Representative (COR) to ensure correctness and timeliness;

c. How the Offeror will correct any deficiencies identified by internal reviews by the Contracting Officer’s Representative (COR).

Volume III Past Performance: Past Performance: Past Performance will be evaluated based on information obtained using internal systems. Offerors are not required to submit Past Performance information. The Government will use information obtained using other sources, such as the Contract Performance Assessment Reporting System (CPARS) or similar systems. The offeror will either be deemed acceptable or non-acceptable in this area. Any offeror which has no relevant Past Performance will be deemed acceptable.

Volume IV Price: The Offeror shall submit prices for each Contract Line Item (CLIN), and in format, as identified in Attachment 2, CLIN schedule, of this combined synopsis/solicitation. Evaluation of price will be performed utilizing one or more of the price analysis techniques in FAR 13.106-3. While competition is anticipated for the award of this contract the Government reserves the right to require the submission of Other Than Certified Cost or Pricing Data as deemed necessary to arrive at a fair and reasonable price.

Travel Contract Line Items (CLINs). Please do not propose on CLINs for Travel. CLINs 0002, 1002, 2002 - Travel shall be based on the following plug figure: $4,000. Funds for Travel shall be paid in accordance with FAR 31.205-46.

ADDENDUM TO CLAUSE 52.212-2 - EVALUATION – COMMERCIAL ITEMS

Evaluation Factors for Award

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Factor 1: Technical Capability

Factor 2: Past Performance

Factor 3: Price

Award will be made to a single Offeror who is deemed responsible in accordance with the Federal Acquisition Regulation (FAR), whose proposal judged by an overall assessment of the evaluation criteria and other considerations specified in this solicitation, represents the Lowest Priced Technically Acceptable offer. Trade-offs between cost/price and non-cost/price factors are not permitted. Please see Addendum to FAR Clause 52.212-2 for further information.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision) Award for All of the Work.

The Government intends to award a Firm Fixed Price contract as a result of this solicitation. Offers received for less than the stated number of items listed in the Bid Schedule (Attachment 02) will be considered ineligible for award. The Government intends to evaluate proposals and award a contract without discussions with Offerors with the exception of clarifications. Therefore, the Offeror’s initial proposal should contain the Offeror’s best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary.

a. Evaluation Criteria

(1) Evaluation criteria will consist of factors and subfactors. The proposals will be evaluated under three (3) evaluation factors: Technical Capability, Past Performance, and Price.

Factor 1: Technical Capability Subfactor 1: Corporate Experience Subfactor 2: Understanding the Requirement Subfactor 3: Staffing Plan/Qualifications of Key Personnel Subfactor 4: Quality Control Approach Factor 2: Past Performance

Factor 3: Price

(2) Factor 1 - Technical Capability.

Subfactor 1: Corporate Experience. This subfactor will evaluate the Offeror’s corporate experience and ability to work successfully with Government personnel with the call center mission. At a minimum, the proposal must clearly describe, demonstrate and address each of the following specified requirement:

a. Provide relevant experience in managing and operating a call center that relates to medical care or medical administrative issues;

b. Demonstrate experience in identifying and documenting best practices in handling caller issues; and.

c. Experience in coordinating with government personnel in addressing military/veterans/retirees medical care.

Subfactor 2: Understanding the Requirement. Understanding the utilization of a medical call center to support delivery of military medical care. This sub-factor will evaluate the extent to which the Offeror demonstrates a thorough understanding of the complexity, tasks, and effort required to operate a medical call center in support of the delivery medical care to the military members, their dependents, veterans and retirees.

a. Demonstrate what capabilities and skills are need to be able handle a call surge or address new call issues coming into the call center.

b. Offeror must be able to demonstrate understanding of the program by addressing the execution of the task found in the PWS Part 5 Specific Task.

Subfactor 3: Staffing Plan/Qualifications of Key Personnel. This subfactor will evaluate the Offeror’s proposed staffing and key personnel qualification. At a minimum, the Offeror’s proposal must address in detail each of the following specified minimum requirement:

a. Demonstrate and provide a narrative outlining the staffing approach and proposed Staffing Plan (e.g. program manager and shift leaders).

b. Demonstrate personnel experience or qualifications and their personnel availability

The Program Manager must be on site and shall have the following qualifications:

· Minimum of 7 years Military Medical/Veteran Department administrative and/or clinical management experience, or have 3 years military/veteran medical call center management experience.

· Possess a Bachelor's degree from an accredited college/university.

Each shift shall have a Shift Leader and shall have the following qualifications:

· Minimum of 5 years Military Medical/Veteran Department administrative and/or clinical Team Lead experience and/or 2 years military medical call center Team Lead experience.

· Shift leaders will possess at least an Associate's degree from an accredited college/university.

Subfactor 4: Quality Control Approach. In this subfactor, the Government will evaluate proposed Quality Control approach and processes that clearly demonstrate their understanding of the requirements and how they plan to ensure an effective and appropriate quality control program for continuous service outlines in the PWS.

a. How the Offeror will monitor the performance of the contract tasks;

b. Offeror’s internal quality inspection process of deliverables prior to submission to Contracting Officer’s Representative (COR) to ensure correctness and timeliness;

c. How the Offeror will correct any deficiencies identified by internal reviews by the Contracting Officer’s Representative (COR).

The Technical Factors will receive one of the adjectival ratings defined below. The subfactor ratings will be used to determine an overall rating for the factor. To receive a rating of Acceptable, all subfactors must receive a rating of Acceptable.

Technical Acceptable/Unacceptable Ratings

Rating
Description
Acceptable
Proposal meets the requirements of the solicitation.
Unacceptable
Proposal does not meet the requirements of the solicitation.

Factor 2 - Past Performance. The Past Performance evaluation will assess the offeror’s probability of meeting the solicitation’s requirements as indicated by that offeror’s record of past performance. Past performance is assessed at the factor level after evaluating aspects of the offeror’s recent past performance and focusing on performance that is recent and relevant to the services being procured under this solicitation. Offerors are advised the Government will utilize data in the offeror’s proposal and data obtained from other sources (i.e. Contract Performance Assessment Reporting System (CPARS) to determine the relevancy and recency of past performance.

In the case of an Offeror without a record of relevant past performance or from whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the Offeror may not be evaluated favorably or unfavorably. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable” for the purposes of this evaluation.

The past performance factor will be assigned one of the rating defined below:

Past Performance Evaluation Ratings

Rating
Description
Acceptable
Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown.
Unacceptable
Based on the offeror’s performance record, the Government does not have a reasonable expectation that the offeror will be able to successfully perform the required effort.

Factor 3 – Price. Price will not be scored or rated. Evaluation of price will be performed using one or more of the price analysis techniques in FAR 13.106-3. Through these techniques, the Government will determine whether prices are fair and reasonable.

If the Government is unsure of the reasonableness of the prices, the Government reserves the right to request other than Cost or Pricing Data.

Award will be made to a single Offeror who is deemed responsible in accordance with the Federal Acquisition Regulation (FAR), whose proposal judged by an overall assessment of the evaluation criteria and other considerations specified in this solicitation, represents the Lowest Priced Technically Acceptable offer.

Travel Contract Line Items (CLINs). Please do not propose on CLINs for Travel. CLINs 0002, 1002, 2002- Travel shall be based on the following plug figure: $4,000. Funds for Travel shall be paid in accordance with FAR 31.205-46.

Options: The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). As part of price evaluation, the government will evaluate its option to extend services (see FAR Clause 52.217-8) by adding one-half of the offeror's final option period price to the offeror's total price. Offerors are not required to enter a price for the six-month period.

A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

52.212-3 -- OFFEROR REPRESENTATIONS AND CERTIFICATIONS -- COMMERCIAL ITEMS (OCT

2018)

The offeror shall complete only paragraphs (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 http://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--

“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—

(6) 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

(7) 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.

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“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.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

“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 posted on the SAM website.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation 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), as of the date of this offer 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 paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business…

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