FBODaily.com | FedBizOpps: PRESOL | R | Life Care Planning Services for CICP Reconsideration Panel

FBO DAILY - FEDBIZOPPS ISSUE OF JANUARY 14, 2015 FBO #4799
SOLICITATION NOTICE

R -- Life Care Planning Services for CICP Reconsideration Panel

Notice Date: 1/12/2015
Notice Type: Combined Synopsis/Solicitation
NAICS: 541990 — All Other Professional, Scientific, and Technical Services
Contracting Office: Department of Health and Human Services, Health Resources and Services Administration, Office of Acquisitions Management and Policy, 5600 Fisher Ln., Room 13A-19, Rockville, Maryland, 20857, United States
ZIP Code: 20857
Solicitation Number: 15-250-SOL-00023
Archive Date: 2/26/2015
Point of Contact: Timothy J Corrigan, Phone: 3019450859
E-Mail Address: tcorrigan@hrsa.gov
(tcorrigan@hrsa.gov)
Small Business Set-Aside: Total Small Business
Description: The Health Resources and Services Administration (HRSA) is contemplating issuance of a Blanket Purchase Agreement pursuant to Federal Acquisition Regulations (FAR), Part 12and 13. The purpose of this procurement is to purchase life care planning services for the CICP Reconsideration Panel. The Government anticipates issuing a Blanket Purchase Agreement (BPA) for this requirement, with the ability to issue firm-fixed price, or time and materials type BPA Call Orders. The anticipated period performance is one (1) 12 month base period from date of award and four (4) 12 month option periods`. The North American Industry Classification System (NAICS) for this requirement is 541990, All Other Professional, Scientific, and Technical Services. 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. This solicitation is a Request for Quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect though Federal Acquisition Circular (FAC) 2005-78. This is a 100% Total Small Business Set Aside. The associated North American Industrial Classification System (NAICS) code for this procurement is 541990, All Other Professional, Scientific, and Technical Services with a small business size standard of $15.0 M. PRICE QUOTE INSTRUCTIONS The Offeror's Price Quote shall consist of the following sections: 1. Standard Form 18, Request for Quotations The contractor must complete the following Blocks: BLOCK 8 State the Name and Address of your organization. BLOCK 11 Enter the organization's Tax ID Number or Federal Identification Number; Enter the organization's DUNS (Digital Universal Numbering System) number. This information can be obtained from your accounting office; however, if your organization does not have a DUNS number, please call Duns & Bradstreet at 1-800-333-0505 to obtain a DUNS number. BLOCK 13 State the name and address of the individual providing the price Quote. BLOCK 14 Signature of the person authorized to commit your organization to the contract. BLOCK 16 Print or type the name and title of the person authorized to commit your organization to the contract. PRICE QUOTE SUPPORTING DOCUMENTATION The Offeror shall provide the following pricing chart in for a Base Period and four (4) Option Periods. Labor categories and hourly rates shall be submitted as follows. Please provide and indicate proposed discounts. Base Period Labor Category Hourly Rate _____________ __________ Option Period I Labor Category Hourly Rate _____________ ___________ Option Period II Labor Category Hourly Rate _____________ __________ Option Period III Labor Category Hourly Rate _____________ __________ Option Period IV Labor Category Hourly Rate _____________ __________ STATEMENT OF WORK COUNTERMEASURES INJURY COMPENSATION PROGRAM RECONSIDERATION PANEL LIFE CARE PLANNER BLANKET PURCHASE AGREEMENT (BPA) JANUARY 5 2015 I. BACKGROUND The Countermeasures Injury Compensation Program (CICP) within the Health Resources and Services Administration's (HRSA), Healthcare Systems Bureau administers the compensation program specified by the CICP Administrative Implementation, Final Rule, and the Public Readiness and Emergency Preparedness Act (PREP Act). The PREP Act authorizes compensation to individuals thought to be seriously injured by countermeasures such as vaccines, drugs, biologics, or medical devices defined in PREP Act declarations that are administered or used for pandemic, epidemic, or security threats pursuant to section 319 F-3(b) of the Public Health Service Act (PHS Act) (42 U.S.C. 247 d-6 d). Declarations issued by the Secretary of the Department of Health and Human Services (DHHS) specify the categories of health threats or conditions for which countermeasures are recommended, the time period that liability protections are in effect, the population of individuals protected, and the geographic areas for which the protections are in effect. II. PURPOSE The contractor shall provide all labor and materials to provide detailed review and comments regarding the adequacy of documentation submitted by persons requesting benefits under the CICP, whose benefits have been denied, and who are seeking reconsideration. A description of available benefits may be found in the CICP Administrative Implementation, Final Rule, Subpart D (110.30-110.33) http://www.hrsa.gov/cicp/about/forms/admininterimfinalrule101510.pdf. The contractor's life care planning expertise and recommendations will support the work of the CICP Reconsideration Panel. III. PERIOD OF PERFORMANCE The BPA shall have one (1) 12 month base period and four (4) 12 month option periods. The primary place of performance will be the contractor's facility. IV. SPECIFIC TASKS The contractor shall provide all labor and materials to accomplish the specific tasks listed. Task 1: Obtain and review the case file from the Chair of the CICP Reconsideration Panel. The case file will include the request for benefits package, medical records, and other relevant documentation. Task 2: Consult on the case with the Chair of the CICP Reconsideration Panel and assigned Vocational Counselor. Task 3: Provide a detailed written review of the case file and comments regarding the adequacy of documentation submitted by persons requesting benefits under the CICP, whose benefits have been denied, and who are seeking reconsideration. The written review shall be provided to the Contracting Officer and the Contracting Officer's Representative (COR) 15 business days after the receipt of the case file. The written review should include an overview of the case documentation reviewed, the recommended action(s) on the case, and the justification for the recommendations. After approval from the COR, the written review will be provided to the CICP Reconsideration Panel in advance of their discussions. Task 4: As a non-voting member, participate in the CICP Reconsideration Panel meeting discussions by phone. The contractor will only be involved in Reconsideration Panel meetings when a request for reconsideration of a benefits package is being reviewed. Task 5: Review and provide written comments on the draft Report of Findings provided by the Chair of the CICP Reconsideration Panel within 10 business days of receipt of the draft. The draft Report of Findings shall include an overview of the case documentation reviewed and any other materials submitted by the Panel members, a synopsis of the Panel's discussion, and the recommended action(s) on the case. Task 6: Respond within three (3) business days to any inquiries from the Associate Administrator of HSB. Task7: Return, shred, or destroy all records within two (2) days after written notification and approval from the COR. Task 8: Comply with the following requirements regarding protection of Personally Identifiable Information (PII) and Personal Health Information (PHI): • PII/PHI, or other sensitive information, shall not be shared with third-parties, unless given advanced written permission from the COR. • PII/PHI shall not be stored on removable/portable computing devices (e.g., laptops, thumb drives, PDAs) or transmitted via email unless encrypted with a FIPS 140-2 compliant encryption solution approved in advance by the COR. • PII/PHI shall not be stored on all computing devices. • Personal computing devices shall have antivirus software with the latest updates and anti-spyware and personal firewalls installed and enabled • Actual or potential security violations and privacy breaches shall be reported to the COR immediately upon discovery. V. SCHEDULE OF DELIVERABLES The Contract Work Item references the requirements identified in the Statement of Work. The format of the deliverables will be specified in each BPA Call Order. This is a sample of the deliverables that will be required for each BPA Call Order. The deliverables will be identified on each individual call order. DELIVERABLES Item Contract Work Item Description Quantity Due Date 1 Written Review A detailed written review of the case file and comments regarding the adequacy of the submitted documentation in accordance with Section IV, Task 3 One Specified in each BPA Call Order (15 business days after the receipt of the case file.) 2 Participation in Case Discussions Participation in case discussions in accordance with Section IV, Task 4 As directed by the COR Specified in each BPA Call Order 3 Written Response to Draft Report of Findings Written response to draft Report of Findings provided by the Chair of the CICP Reconsideration Panel in accordance with Section IV, task 5 One Specified in each BPA Call Order (10 business days after receipt of the draft.) FAR 52.212-1, INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS (APR 2014), APPLIES TO THIS ACQUISITION AND ADDENDA TO THIS PROVISION ARE INCLUDED. INSTRUCTIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS OR QUOTERS General Instructions A. To facilitate the evaluations, two (2) volumes title technical proposal and price proposal shall be submitted separately and clearly labeled. Each of these parts shall be separate and complete in itself so that the evaluation of one may be accomplished independently of the evaluation of the other. Volume I-Technical Proposal must not contain references to price; however, resource information such as data concerning labor hours and categories, materials, subcontracts, etc., must be contained in the Technical Proposal so that your understanding of the statement of work may be evaluated. It must disclose your approach in sufficient detail to provide a clear and concise presentation that includes the requirements of the proposal instructions. Volume I must include a statement indicating whether any exceptions are taken to the terms and conditions of the Request for Task Order Proposal (RFTOP) as part of the transmittal letter. Any exceptions must include identification of the specific paragraphs and rationale for each exception. Exceptions shall also be noted in the proposal at the location of the exception. Volume Title I Technical Proposal II Price Proposal B. Technical Proposal shall be submitted electronically in the following format: single spaced on 8.5 x 11 inch paper orientation containing text no smaller than 12 pitch/10 point. Each page shall be numbered and each volume shall be tabbed to correspond to the table of contents. Offerors may include 11 x 17 inch paper orientation only to display graphics, flow charts, organizational charts, or drawings. C. Where data/information appears in one part, it does not have to be repeated in any other part. However, it shall be cross referenced by indicating the specific location including the volume and page number as a minimum. The clarity, relevance, and conciseness of the proposal is important. The page limit for each volume is 25 pages. Note: The Resumes are not counted as part of this page limit and shall be provided as appendices in the technical proposal. D. The proposal must be signed by an official authorized to bind your organization. Please submit the Technical Proposal Volume and Price Proposal Volume in separate files. Please submit one (1) original proposal in Adobe PDF format to the following e-mail address: Tim Corrigan TCorrigan@hrsa.gov E. The RFQ does not commit the Government to pay any cost for the preparation and submission of a proposal. In addition, the Contracting Officer is the only individual who can legally commit the Government to the expenditure of public funds in connection with this proposed acquisition. Technical Quote Instructions To facilitate the technical quote evaluation, the offeror shall submit as part of the RFQ, a separate enclosure entitles, "Technical Quote." The data and information should be keyed to each paragraph of the Technical Quote requirements as outlined below. 1. Technical Approach 2. Personnel 3. Organizational Experience 4. Past Performance EVALUATION Award Criteria The technical factors when combined are significantly more important than the price factor. However, if two or more proposals are approximately technically equal then price becomes more important. In any event, the Government reserves the right to make an award to the best advantage of the Government, price, and other factors considered. Selection of Offerors 1. The acceptability or unacceptability of the technical quote will be based upon a technical evaluation. Each quote will be evaluated in strict conformity with the RFQ, utilizing point scores and written critiques. 2. The Government reserves the right to make an award without further discussion of the quotes received. Therefore, it is important that your quote be submitted initially on the most favorable terms from both the technical and cost standpoints. 3. The Government reserves the right to make a single award, multiple awards, or no award as a result of this RFQ. In addition, the RFQ may be amended if determined to be in the best interest of the Government. Evaluation Criteria Weights The evaluation will be based on the demonstrated capabilities of the prospective contractor in relation to the needs of the project as set forth in the RFQ. The following criteria are those that will be applied in the evaluation of your technical quote. The proposal will be evaluated using the following criteria and weights. Evaluation Criteria Points a. Technical Approach 45 b. Personnel 40 c. Organizational Experience 10 d. Past Performance 5 Technical Evaluation Criteria Countermeasures Injury Compensation Program Reconsideration Panel Life Care Planner Blanket Purchase Agreement (BPA) I. Technical Approach (45 points) The proposed technical approach shall demonstrate an understanding of the requirements specified in the Statement of Work (SOW). It shall contain the following: a. The Offeror shall explain, in its own words, its understanding of the requirements in detail. b. The Offeror's proposal shall be written in a comprehensive, uniform, and grammatically accurate manner. c. The Offeror shall fully describe the proposed technical approach to meet each of the tasks, and respective subtasks in the SOW. The technical approach should include a discussion of anticipated major problem areas and potential approaches for their solution. II. Personnel (40 points) The Offeror shall indicate the names, educational preparation, number of years of experience, and types of professional experience of contractor personnel that will be working on this contract. Resumes for all personnel must be submitted and shall indicate the labor categories/positions that persons within the organization will occupy for this project along with their key functions. The Offeror should delineate the staff's competence and demonstrated experience in the skills necessary for the requirements in this SOW. Contractor staff performing on this contract must have a current certification as either a Certified Life Care Planner (CLCP) or a Certified Nurse Life Care Planner (CNLCP) and evidence of two (2) years' life care planning or review of life care plan experience within the past 5 years. The Offeror shall submit a project work plan, time schedule, and person loading matrix, including all work to be performed and deliverables. III. Organizational Experience (10 Points) The Offeror shall demonstrate the organization's experience in successfully managing contracts involving life care planning services or the review of life care plans. The Offeror must demonstrate a minimum of two (2) years' experience within the past 5 years. IV. Past Performance (5) The Offeror shall be responsible for requesting three (3) written professional references to submit to the Contract Specialist. The contractor shall not submit more than three (3) references. The Government reserves the right to obtain past performance information from any source. The Offeror's past performance will be evaluated in conjunction with the technical review. The overall total score for the past performance rating for each Offeror will be determined by calculating the average of the surveys received. The overall total score will be rounded to the nearest whole number to assign an appropriate adjectival rating (0 = Unsatisfactory, 1 = Poor, 2 = Fair, 3 = Good, 4 = Excellent, 5 = Outstanding). The elements being rated are as follows: Quality of Product or Service Unsatisfactory- Non-conformances is jeopardizing the achievement of contract requirements, despite use of Agency resources. Recovery is not likely. If performance cannot be substantially corrected, it constitutes a significant impediment in consideration for future awards containing similar requirements. Poor - Overall compliance requires significant Agency resources to ensure achievement of contract requirements. Fair - Overall compliance requires minor Agency resources to ensure achievement of contract requirements. Good - There are no, or very minimal, quality problems, and the Contractor has met the contract requirements. Excellent - There are no quality issues, and the Contractor has substantially exceeded the contract performance requirements without commensurate additional costs to the Government. Outstanding - The contractor has demonstrated an outstanding performance level that was significantly in excess of anticipated achievements and is commendable as an example for others, so that it justifies adding a point to the score. It is expected that this rating will be used in those rare circumstances where contractor performance clearly exceeds the performance levels described as "Excellent". Cost Control Unsatisfactory - Ability to manage cost issues is jeopardizing performance of contract requirements, despite use of Agency resources. Recovery is not likely. If performance cannot be substantially corrected, this level of ability to manage cost issues constitutes a significant impediment in consideration for future awards. Poor - Ability to manage cost issues requires significant Agency resources to ensure achievement of contract requirements. Fair - Ability to control cost issues requires minor Agency resources to ensure achievement of contract requirements. Good - There are no, or very minimal, cost management issues and the Contractor has met the contract requirements. Excellent - There are no cost management issues and the Contractor has exceeded the contract requirements, achieving cost savings to the Government. Outstanding - The contractor has demonstrated an outstanding performance level that justifies adding a point to the score. It is expected that this rating will be used in those rare circumstances where the contractor achieved cost savings and performance clearly exceeds the performance levels described as "Excellent". Timeliness of Performance Unsatisfactory-Delays are jeopardizing the achievement of contract requirements, despite use of Agency resources. Recovery is not likely. If performance cannot be substantially corrected, it constitutes a significant impediment in consideration for future awards. Poor-Delays require significant Agency resources to ensure achievement of contract requirements. Fair-Delays require minor Agency resources to ensure achievement of contract requirements. Good-There are no, or minimal, delays that impact achievement of contract requirements. Excellent-There are no delays and the contractor has exceeded the agreed upon time schedule. Outstanding-The contractor has demonstrated an outstanding performance level that justifies adding a point to the score. It is expected that this rating will be used in those rare circumstances where contractor performance clearly exceeds the performance levels described as "Excellent". Business Relations Unsatisfactory-Response to inquiries and/or technical, service, administrative issues is not effective. If not substantially mitigated or corrected it should constitute a significant impediment in considerations for future awards. Poor - Response to inquiries and/or technical, service, administrative issues is marginally effective. Fair-Response to inquiries and/or technical, service, administrative issues is somewhat effective. Good-Response to inquiries and/or technical, service, administrative issues is consistently effective. Excellent-Response to inquiries and/or technical, service, administrative issues exceeds Government expectation. Outstanding-The contractor has demonstrated an outstanding performance level that justifies adding a point to the score. It is expected that this rating will be used in those rare circumstances where contractor performance clearly exceeds the performance levels described as "Excellent". The evaluation will be based on the demonstrated capabilities of the prospective contractor in relation to the needs of the project as set forth in the RFQ. The merits of the proposal will be evaluated carefully. The technical factors are significantly more important than price. The following criteria and assigned weight for each criterion will be applied in the evaluation of your Technical Proposal: Evaluation Criteria Points a. Technical Approach 45 b. Personnel 40 c. Organizational Experience 10 d. Past Performance 5 Total 100 Price proposal will be evaluated for total price and reasonableness of the requirements. 1. Reasonableness. Normally, competition establishes price reasonableness. In limited situations, additional analysis will be required by the Government to determine reasonableness. If, after receipt of a proposal, the Contracting Officer determines that adequate price competition does not exist for the efforts and a determination is made that none of the exceptions in FAR 15.403-1(b) apply, the Offeror shall be required to provide data other than certified cost and pricing data in accordance with FAR 15.403-3. Administrative information submitted will be evaluated for completeness. All offerors shall include a completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items (MAY 2014), with its offer. FAR 52.212-4 (ALTERNATE I MAY 2014) CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS (DEC 2014) Applies To This Acquisition. FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (DEC 2014) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014) (2) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). ___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)"(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: XX (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). __ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509)). __ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) XX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note). __ (5) [Reserved]. __ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). __ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). XX (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013) (31 U.S.C. 6101 note). __ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). __ (10) [Reserved]. __ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). __ (ii) Alternate I (Nov 2011) of 52.219-3. __ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). __ (ii) Alternate I (JAN 2011) of 52.219-4. __ (13) [Reserved] XX (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644). __ (ii) Alternate I (Nov 2011). __ (iii) Alternate II (Nov 2011). __ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). __ (ii) Alternate I (Oct 1995) of 52.219-7. __ (iii) Alternate II (Mar 2004) of 52.219-7. __ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)). __ (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2014) (15 U.S.C. 637(d)(4)). __ (ii) Alternate I (Oct 2001) of 52.219-9. __ (iii) Alternate II (Oct 2001) of 52.219-9. __ (iv) Alternate III (Oct 2014) of 52.219-9. __ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)). __ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). __ (20) 52.219-16, Liquidated Damages-Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). __ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f). XX (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)). __ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)). __ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)). XX (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). __ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126). XX (27) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). XX (28) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). __ (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014)(38 U.S.C. 4212). XX (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). __ (31) 52.222-37, Employment Reports on Veterans (JUL 2014) (38 U.S.C. 4212). __ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). __ (33) 52.222-54, Employment Eligibility Verification (AUG 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) __ (34)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (35)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O. 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-13. __ (36)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (E.O. 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-14. __ (37) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b). __ (38)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (JUN 2014) (E.O. 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-16. XX (39) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513). __ (40) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83). __ (41)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43. __ (ii) Alternate I (May 2014) of 52.225-3. __ (iii) Alternate II (May 2014) of 52.225-3. __ (iv) Alternate III (May 2014) of 52.225-3. __ (42) 52.225-5, Trade Agreements (NOV 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). XX (43) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). __ (44) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). __ (45) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (46) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). __ (47) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). __ (48) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). XX (49) 52.232-33, Payment by Electronic FundsTransfer-System for Award Management (Jul 2013) (31 U.S.C. 3332). __ (50) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). __ (51) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). __ (52) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ (53)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). __ (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: __ (1) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67). __ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). __ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). __ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). __ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67). XX (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67). __ (7) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O.13495). __ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). __ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)). __ (10) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (Executive Order 13658). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509). (ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17. (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212). (vi) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (vii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212) (viii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (ix) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67). (x) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). ___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (xi) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67). (xii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67). (xiii) 52.222-54, Employment Eligibility Verification (AUG 2013). (xiv) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xvi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (Executive Order 13658). (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of clause) FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) -This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at www.acquisition.gov/far. Clause No. Title Date 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights APR 2014 52.204-7 System for Award Management JUL 2013 52.222-22 Previous Contracts and Compliance Reports FEB 1999 52.222-25 Affirmative Action Compliance APR 1984 52.224-1 Privacy Act Notification APR 1984 52.224-2 Privacy Act APR 1984 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications DEC 2012 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within one (1) day. (End of clause) FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within one (1) day provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 14 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months. (End of clause) DEPARTMENT OF HEALTH AND HUMAN SERVICES ACQUISITION REGULATION (HHSAR) (48 CFR CHAPTER 3) CLAUSES 1. HHSAR 352.222-70 CONTRACTOR COOPERATION IN EQUAL EMPLOYMENT OPPORTUNITY INVESTIGATIONS (JANUARY 2010) (a) In addition to complying with the clause in FAR 52.222-26, Equal Opportunity, the Contractor shall, in good faith, cooperate with the Department of Health and Human Services (Agency) in investigations of Equal Employment Opportunity (EEO) complaints processed pursuant to 29 C.F.R. Part 1614. For purposes of this clause, the following definitions apply: (1) "Complaint" means a formal or informal complaint that has been lodged with Agency management, Agency EEO officials, the Equal Employment Opportunity Commission (EEOC), or a court of competent jurisdiction. (2) "Contractor employee" means all current Contractor employees who work or worked under this contract. The term also includes current employees of subcontractors who work or worked under this contract. In the case of Contractor and subcontractor employees, who worked under this contract, but who are no longer employed by the Contractor or subcontractor, or who have been assigned to another entity within the Contractor's or subcontractor's organization, the Contractor shall provide the Agency with that employee's last known mailing address, e-mail address, and telephone number, if that employee has been identified as a witness in an EEO complaint or investigation. (3) "Good faith cooperation" cited in paragraph (a) includes, but is not limited to, making Contractor employees available for: (i) formal and informal interviews by EEO counselors or other Agency officials processing EEO complaints; (ii) formal or informal interviews by EEO investigators charged with investigating complaints of unlawful discrimination filed by federal employees; (iii) reviewing and signing appropriate affidavits or declarations summarizing statements provided by such Contractor employees during the course of EEO investigations; (iv) producing documents requested by EEO counselors, EEO investigators, Agency employees, or the EEOC in connection with a pending EEO complaint; and (v) preparing for and providing testimony in hearings before the EEOC and U.S. District Court. (b) The Contractor shall include the provisions of this clause in all subcontract solicitations and subcontracts awarded at any tier under this contract. (c) Failure on the part of the Contractor or its subcontractors to comply with the terms of this clause may be grounds for the Contracting Officer to terminate this contract for default. (End of clause) 2. HHSAR 352.224-70 PRIVACY ACT (JANUARY 2006) This contract requires the Contractor to perform one or more of the following: (a) design; (b) develop; or (c) operate a federal agency system of records to accomplish an agency function in accordance with the Privacy Act of 1974 (Act) [5 U.S.C. 552a(m)(1)] and applicable agency regulations. The term ‘‘system of records'' means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. Violations of the Act by the Contractor and/or its employees may result in the imposition of criminal penalties [5 U.S.C. 552a(i)]. The Contractor shall ensure that each of its employees knows the prescribed rules of conduct and that each employee is aware that he/she is subject to criminal penalties for violation of the Act to the same extent as Department of Health and Human Services employees. These provisions also apply to all subcontracts the Contractor awards under this contract which require the design, development or operation of the designated system(s) of records [5 U.S.C. 552a(m)(1)]. The contract work statement: (a) identifies the system(s) of records and the design, development, or operation work the Contractor is to perform; and (b) specifies the disposition to be made of such records upon completion of contract performance. (End of clause) 3. HHSAR STANDARD FOR ENCRYPTION LANGUAGE (JANUARY 2010) (a) The Contractor shall use Federal Information Processing Standard (FIPS) 140-2-(PDF) compliant encryption (Security Requirements for Cryptographic Module, as amended) to protect all instances of HHS sensitive information during storage and transmission. (Note: The Government has determined that HHS information under this contract is considered "sensitive" in accordance with FIPS 199, Standards for Security Categorization of Federal Information and Information Systems, dated February 2004.) (b) The Contractor shall verify that the selected encryption product has been validated under the Cryptographic Module Validation Program (see http://csrc.nist.gov/cryptval/) to confirm compliance with FIPS 140-2 (as amended). The Contractor shall provide a written copy of the validation documentation to the Contracting Officer and the Contracting Officer's Technical Representative. (c) The Contractor shall use the Key Management Key (see FIPS 201, Chapter 4, as amended) on the HHS personal identification verification (PIV) card; or alternatively, the Contractor shall establish and use a key recovery mechanism to ensure the ability for authorized personnel to decrypt and recover all encrypted information (see http://csrc.nist.gov/drivers/documents/ombencryption-guidance.pdf). The Contractor shall notify the Contracting Officer and the Contracting Officer's Technical Representative of personnel authorized to decrypt and recover all encrypted information. (d) The Contractor shall securely generate and manage encryption keys to prevent unauthorized decryption of information in accordance with FIPS 140-2 (as amended). (e) The Contractor shall ensure that this standard is incorporated into the Contractor's property management/control system or establish a separate procedure to account for all laptop computers, desktop computers, and other mobile devices and portable media that store or process sensitive HHS information. (f) The Contractor shall ensure that its subcontractors (at all tiers) which perform work under this contract comply with the requirements contained in this clause. (End of clause) BPA TERMS, CONDITIONS, SERVICE AND SPECIAL REQUIREMENTS 1. Printing and Duplicating The printing of government documents must be accomplished through the Government Printing Office or its field printing plants, unless otherwise approved by the Congressional Joint Committee on Printing (JCP). Contractors and grantees are not intended to be prime or substantial sources of printing for government agencies. Contractors may prepare copy, illustrative material (forms, etc.) and/or camera ready documents for the purpose of producing publications. Unless otherwise specified in this contract, the Contractor shall not engage in, nor subcontract for, any printing (as that term is defined in Title I of the Government Printing and Binding Regulations in effect on the effective date of this contract) in connection with the performance of work under this contract; except that performance of a requirement under this contract involving the reproduction of less than 5,000 production units of any one page, or less than 25,000 production units in the aggregate of multiple pages will not be deemed to be printing. A production unit is defined as one sheet, size 82 by 11 inches, one side only, and one color. Regarding the use of private funds for printing, the regulations state that when appropriated funds are used to create information for publication, the printing of that information cannot be made available to a private publisher for publication without prior approval of the JCP. 2. Clearance/Production of Information Products and Services A. The Department of Health and Human Services (HHS), Office of the Assistant Secretary for Public Affairs (OASPA) requires clearance for any external publication, audiovisual, exhibit, or public affairs service produced for or by HRSA through this contract as a deliverable (an external publication is one of which 50 copies or more are to distributed outside HHS). The Project Officer through HRSA's Office of Communications obtains this clearance, which takes approximately four (4) weeks. B. Individual printed products and/or electronic communication products produced under this contract shall be submitted to HRSA/OC and OASPA for individual clearance. All material and products posted on organ donor.gov or other HRSA Web sites must meet HHS Web standards and 508 compliance. It is the policy of HHS and HRSA that HHS must be prominently and dominantly identified as the primary publisher/producer, to include use of the HHS logo, on all communication materials, including those produced by Contractors (This requirement may be satisfied by displaying the HHS logo on the back cover of a publication). HRSA must be displayed in a position of prominence second only to HHS as the identifier on all communication materials produced on behalf of HRSA, whether by Agency staff, Contractors, or other entities. Communication materials are any and all documents and presentations intended for audiences outside the Agency, including but not limited to: • fact sheets, newsletters, brochures, flyers • press releases, advisories, other media materials • exhibits, posters • summaries, monographs, proceedings • slides, overhead transparencies, posters • audio and videotapes, films • Internet publications Internal Publications (not more than 50 copies are to be distributed outside HHS) are excepted from this requirement. Only the HHS and HRSA logo may be used, if appropriate. C. Title 44 of the U.S. Code requires that the Government Printing Office shall do the printing of any publication developed under this contract. Printing shall be coordinated through the Project Officer. OMB clearance must be obtain if you intend to survey or interview more than 9 people outside of HRSA and/or the Department, including grantees. 3. Language Disclaimer The views expressed in write conference materials or publications and by speakers and moderators at HHS-sponsored conferences, do not necessarily reflect the official policies of the Department of Health and Human Services; nor does mention of trade names, commercial practices or organizations imply endorsement by the U.S. Government. NOTE: Failure on the part of the contractor to comply with the printing and duplicating, and publication clearance requirements stated above will be deemed unauthorized services and reimbursement will be denied. 4. Rights in Data The Contractor will be prohibited from publishing or disseminating information resulting from work performed under this contract, and/or, using data produced or obtained under this contract, and/or any other information or products provided by the Government, or which the Contractor develops, for any purpose other than performance under this contract without prior written approval from the Project Officer. Ownership of Documents, Materials and Records: All documents, materials or records provided to the Contractor, developed or maintained by the Contractor in the performance of this contract are deemed to be property of the Government. 5. Security Requirements The Contractor providing the technical support to OIT, agrees to comply with the applicable AIS security requirements. The Contractor agrees to establish and follow security precautions considered by OIT to be necessary (which are subject to change during the contract) to ensure proper and confidential handling of data and information. This information is more specifically addressed in the HHS Information Security Program Policy. 6. Disclosure of Information Information made available to the contractor by the Government for the performance or administration of this effort shall be used only for those purposes and shall not be used in any other way without the written agreement of the Contracting Officer. The contractor agrees to assume responsibility for protecting the confidentiality of Government records, which are not public information. Each contractor or employee of the contractor to whom information may be made available or disclosed shall be notified in writing by the contractor that such information may be disclosed only for a purpose and to the extent authorized herein. 7. Limited Use of Data Performance of this effort may require the contractor to access and use data and information proprietary to a Government agency or Government contractor which is of such a nature that its dissemination or use, other than in performance of this effort, would be adverse to the interests of the Government and/or others. Contractor and/or contractor personnel shall not divulge or release data or information developed or obtained in performance of this effort, until made public by the Government, except to authorize Government personnel or upon written approval of the Contracting Officer (CO). The Contractor shall not use, disclose, or reproduce proprietary data that bears a restrictive legend, other than as required in the performance of this effort. Nothing herein shall preclude the use of any data independently acquired by the contractor without such limitations or prohibit an agreement at no cost to the Government between the contractor and the data owner which provides for greater rights to the Contractor. 8. Acceptance All reports, processes, and product deliverables are subject to approval by the COR. If any of the services performed do not conform to contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, for no additional fee. When the defects in services cannot be corrected by performance, the Government may (1) require the Contractor to take necessary action to ensure that future performance conforms to contract requirements and (2) reduce any fee payable under the contract to reflect the reduced value of the services performed. 9. Equipment HRSA does not intend to provide funds for the purchase or lease of any equipment. 10. Section 508 Compliance Pursuant to Section 508 of the Rehabilitation Act of 1973 (19 U.S.C. 794d), all Electronic and Information Technology developed, procured, maintained and/or used under this contract shall be in compliance with the "Electronic Information Technology Accessibility Standards" set forth by the Architectural and Transportation Barriers Compliance Board (also referred to as the "Access Board") in 36 CFR part 1194. HHS Policy for Section 508, Electronic and Information Technology (E&IT) (January 2005) may be found at http://www.hhs.gov/od/Final_Section_508_policy.html The Contractor shall indicate for each line item in the schedule whether each product or service is compliant or noncompliant with the accessibility standards at 36 CFR 1194. Further, the proposal must indicate where full details of compliance can be found (e.g., vendor's website or other exact location). Regardless of format, all Web content or communications materials produced for publication on or delivery via HHS Web sites - including text, audio or video - must conform to applicable Section 508 standards to allow federal employees and members of the public with disabilities to access information that is comparable to information provided to persons without disabilities. All contractors (including subcontractors1) or consultants responsible for preparing or posting content intended for use on an HHS-funded or HHS-managed Web site must comply with applicable Section 508 accessibility standards, and where applicable, those set forth in the referenced policy or standards documents below. Remediation of any materials that do not comply with the applicable provisions of 36 CFR Part 1194 as set forth in the SOW, shall be the responsibility of the contractor or consultant retained to produce the Web-suitable content or communications materials. 11. Homeland Security Presidential Directive-12 To perform the work specified herein the contractor personnel may require access to sensitive data, regular access to HHS-controlled facilities and/or access to HHS information systems, the Government may require that this effort entail a sensitivity level 5 (Public Trust) background investigation.* Upon receipt of the Government's notification of applicable Suitability Background Investigation required, the contractor shall complete and submit required forms within 30 days of the notification. Additional submission instructions can be found at the NCI Information Technology Security Policies, Background Investigation Process: (http://ais.nci.nih.gov/). The Contractor shall submit a roster, by name, position and responsibility, of all IT staff working under the contract. The roster shall be submitted to the Project Officer, with a copy to the Contracting Officer, within 14 days of the effective date of the contract. Any revisions to the Roster as a result of staffing changes shall be submitted within fifteen (15) calendar days of the change. The Project Officer will submit the list to the HRSA Personnel Security Officer for determination of the appropriate level of suitability investigations to be performed. Contractors should ensure that the employees whose names they submit have a reasonable chance for approval. While delays in performance caused by successful investigations will be the Government's responsibility, delays associated with rejections will be the contractor's responsibility. Typically, the Government conducts investigations and checks at no cost to the contractor. Multiple investigations for the same position, whether- resulting from rejections or resulting from an employee's move to another position(s) or company, may at the Contracting Officer's discretion, justify reductions(s) in the contract price of no more than the cost of the extra investigation. * A level 5 is a Public Trust position, which requires a higher level background investigation, including personal interviews, credit checks, etc. Level 5 positions would require access to IT systems with sensitive data including all of the OIT contractors, and/or access to pre-decisional grant information, etc. BPA Call Order Procedures A. The Contractor will be provided with a Request for Services, Schedule of Deliverables and other additional instructions as needed for each individual BPA call Order to be issued under this contract. These documents, collectively referred to as a BPA Call Order may be issue by mail, facsimile or electronic commerce. B. The basis for award of any BPA call order will be determined by the specific needs of the requesting office and included in the BPA call order request. The BPA call order request will specify if the contractor will be required to submit separate price and/or a technical quote. The request will include any special instructions that are particular to the requirement and information concerning the basis for award. C. The Contractor shall be required to submit a price for each BPA call order request issued under this BPA. D. The placement of a given call order shall depend upon factors such as awardees records of past performance, quality of deliverables, cost control, price, cost and other factors that the Contracting Officer, in the exercise of sound business judgment, believes are relevant to the placement of orders. The package will include the specific evaluation criteria and the basis for award. All Contractors will be given a fair opportunity to be considered for each award. E. Fixed price or Time and Material call orders may be issued under this BPA. F. The Government shall reserve the right to award a BPA call order without discussions. However, if negotiations are necessary, the Government may conduct them with offeror's determined to be in the competitive range. G. BPA call orders may be awarded on a unilateral basis. If a BPA call order is issued unilaterally, the Contractor must begin work immediately, adhering to the dollar limit and period of performance stated on the face page of the BPA call order. Questions or issues for which you require clarification or correction by the Government must be furnished electronically via email to Tim Corrigan at tcorrigan@hrsa.gov. In order to allow a reply to be provided to all prospective Offerors before submission of their technical quote, your questions must be received no later than 2:00 PM Eastern Standard Time (EST) on January 20, 2015. Questions received after the due date and time will not be considered. No Exceptions. One (1) original quote shall be received via email in Adobe PDF format by the Contract Specialist as soon as possible, but no later than February 11, 2015 at 10:00 AM EST. Offerors shall submit their quotes to the following email address: Tim Corrigan tcorrigan@hrsa.gov Your RFQ shall be prepared in accordance with Section entitled "Instructions, Conditions, and Notices to Offerors'. This RFQ does not commit the Government to pay any costs for the preparation and submission of a proposal nor does it commit the Government to make an award. It is also brought to your attention that the Contracting Officer is the only individual who can legally commit the Government to expenditure of public funds in connection with this proposed acquisition. Your proposal must provide a contact name and number, your company name and complete address, including street, city, county, state, zip code, e-mail address, Tax Identification Number (TIN), and Dun & Bradstreet Number (DUNS). The TIN must match the name of the vendor to whom the payments will be made. The Contractor must be registered in the SAM database at www.sam.gov. "Registered in the SAM database" means that (1) the Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the SAM database; and (2) The Government has validated all mandatory data fields and has marked the record "Active". 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, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation. If not registered in the SAM database within the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror System for Award Management (SAM) requires any prospective awardee to have a DUNS number and be registered in the SAM database prior to award, during performance, and through final payment of any award resulting from this solicitation. Requests for additional information concerning this RFQ should be referred to Tim Corrigan at tcorrigan@hrsa.gov.
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