PRESOL | R | Public Health Service Active Duty Personnel and Payroll Program (PHS CCP) - Solicitation with attachments

FBO DAILY ISSUE OF JUNE 05, 2011 FBO #3480
SOLICITATION NOTICE

R -- Public Health Service Active Duty Personnel and Payroll Program (PHS CCP) - Solicitation with attachments

Notice Date: 6/3/2011
Notice Type: Combined Synopsis/Solicitation
NAICS: 541214 — Payroll Services
Contracting Office: Department of Health and Human Services, Program Support Center, Division of Acquisition Management, Parklawn Building Room 5-101, 5600 Fishers Lane, Rockville, Maryland, 20857
ZIP Code: 20857
Solicitation Number: 11-233-SOL-00050
Archive Date: 7/5/2011
Point of Contact: Frank E. Barnett, Phone: 3014439432, Joseph Pirrone, Phone: 3014439367
E-Mail Address: Frank.Barnett@PSC.hhs.gov, joseph.pirrone@psc.hhs.gov
(Frank.Barnett@PSC.hhs.gov, joseph.pirrone@psc.hhs.gov)
Small Business Set-Aside: Total Small Business
Description: Table B.4 Glossary External Interfaces SF LLL Wage Determination Solicitation SECTION B - SERVICES AND PRICE/COST B.1. Pricing The Contractor shall be responsible for providing the goods and services as set forth in Section C at a Firm Fixed Price. The period of performance shall be two (2) months with four (4), 12-month option periods (see Section F.1, Period of Performance). Base Period (9/1/2011-10/31/2011) Option 1 (11/1/2011-10/31/2012) Option 2 (11/1/2012-10/31/2013) Option 3 (11/1/2013-10/31/2014) Option 4 (11/1/2014-10/31/2015) SECTION C - STATEMENT OF WORK C.1 TITLE Public Health Service Active Duty Personnel and Payroll Program (PHS CCP) C.2 INTRODUCTION: The Commissioned Corps of the U.S. Public Health Service (Corps) is comprised of more than 6,500 full-time public health professionals dedicated to delivering the Nation's public health promotion and disease prevention programs and advancing public health science. Corps officers serve in a variety of positions throughout the U.S. Department of Health and Human Services (HHS) and certain non-HHS Federal agencies and programs that focus on key areas of disease control and prevention; biomedical research; regulation of food, drugs, and medical devices; mental health and drug abuse; health care delivery; and international health. As one of America's seven uniformed services, the Corps fills essential public health leadership and service roles within the Nation's Federal Government agencies and programs. The Corps has officers in the following professions: • Medical Doctor • Nurse • Dietitian • Environmental Health • Health Services • Therapist • Dental • Pharmacist • Engineer • Scientist/Researcher • Veterinarian The contract will be a Firm-Fixed Priced type for two (2) months with four (4), 12- month option periods. C.3 BACKGROUND Payroll services are currently provided by the staff of the Office of Commissioned Corps Support Services (OCCSS) using a web-based software system that collects data from source documents through user-accessible transactions calculates gross compensation and processes gross-to-net disbursements. Personnel orders are processed by both the Office of Commissioned Corps Operations (OCCO) and the Commissioned Corps Compensation Branch (CB) who collect records, maintain files, and perform personnel related transactions using the integrated personnel order and payroll system. The Administrative Operations Service (AOS) is responsible for maintaining and overseeing the production of the Commissioned Corps officer's payroll using the Commissioned Corps Personnel and Payroll system (CCP). CCSB, an organization within AOS, transmits all Commissioned Corps Payroll to the Department of Treasury after each monthly payroll is computed, validated and certified. Direct Access (DA). Direct Access is currently the System of Record for Licenses and Certifications, Readiness compliance and some officer HR. It is maintained for the benefit of the Corps by the United States Coast Guard. The Office of the Assistant Secretary for Health (OASH), Coast Guard and OMB are committed to migrating positions, the recruitment system, the applicant system, and the electronic call to active duty system, the promotion system, and the officer evaluation system to Direct Access over the next 5 years. This will necessitate ongoing changes to the pay and personnel system to accommodate these Direct Access implementations. Commissioned Corps Personnel and Payroll System (CCP). CCP is the current web based, real-time, workflow enabled, personnel and payroll management system providing electronic initiation and processing of military personnel actions, computing compensation and maintaining personnel and payroll records for Active Duty and Retired Officers of the Commissioned Corps. The CCP system provides a full range of services from call to duty through retirement. Commissioned Corps Compensation Branch (CB). The Commissioned Corps Compensation Branch (CB) collects records, maintains files, audits individual payees, performs payroll transactions using CCP and administers a system of basic pay, allowances, and special or incentive pay for active duty Corps. CB also administers a pay system for retired officers and survivor annuitants. The Branch provides these services in coordination with the Departments of Defense (DOD), Veterans Affairs, and Treasury. Office of Commissioned Corps Operations (OCCO). The Office of Commissioned Corps Operations collects records, maintains files, and performs personnel related transactions using CCP. Current System Overview The current software system is a web-based application running on servers housed in an off-site collocation facility. It provides for data input from personnel and payroll source documents. The transactions are edited at point of origin and then combined with any other input documents for that employee to determine all changes since the last instance. Pay determination is by exception only; the default is to receive the same pay as the previous (monthly) cycle. In addition to proactive changes, the system is able to detect changes due to longevity milestones. This longevity changes occur for both base pay and several types of specialty pay to which an officer may be entitled. The system stores large tables provided by the DOD to determine the amount of housing allowance to which officers are entitled based on their grade, dependent status, and duty station zip code. Since officers can be called to duty, transferred, or separated at any point during the payroll cycle, the system must be able to determine prorated earnings for all categories of pay. As supporting documentation may arrive after the fact (i.e., change in marital status), the system shall be able to perform retroactive adjustments for, at a minimum, all pay cycles in the current tax year. The Offeror's system should be web-based using modern tools according to accepted standards. It must allow for different levels of roles and responsibilities. Certain transactions that do not affect an officer's gross pay (i.e. tax withholding, payroll address, savings allotment, etc.) should be available to the Officers via self service. Transactions that require review and approval (i.e. dependent certification) must be initiated by the officer and forwarded to a payroll technician before being finalized. Other transactions (i.e. bonus pays) are initiated and/or approved by members of the officer's organization prior to being forwarded to the payroll technician. The system displays an earnings statement on the web that shows each element of pay, both current and year-to-date, indicates whether it is taxable or non-taxable, and lists each deduction and allotment to gross pay. Before the end of January each year, the system will display the officer's W-2/1099R statement. Both of these documents shall be available for printing. The data base engine must be accessible for standard and ad-hoc reports using commercially available packages. The current system stores all the data necessary to perform gross-to-net calculations, and maintain both taxable and non-taxable earnings. It performs federal, state, and local tax calculations using tables provided by a third-party vendor. It creates output files for Electronic Funds Transfer (EFT) transactions to banks, insurance companies, Federal Thrift Savings Plan, charities, U.S. Savings Bonds, tax entities, etc. It provides output data in a format suitable for auditors and historical review. It does not dispense funds but rather provides data to the U.S. Treasury in predefined formats. The existing systems have interfaces to numerous internal and external data systems. These are summarized in attachment D. System Overview The Corps operates two payrolls on an exception-based nature, determining monthly pay for Active Duty and Retired Officers. The Offeror's system shall produce timely and accurate pay on a monthly basis for all 6,500+ Active Duty and 6,100+ retired Officers, as well as their Former Spouses and Annuitants. The descriptions below provide a conceptual overview of the key components of the desired payroll solution. 1. Calculation Engine a. Pay Rules i. The Offeror's payroll engine shall support the Corps pay rules including its payee classes, wage tables, source to net calculations and post tax computations. In accordance with Congressional and Secretarial mandates, rules may be added, removed or amended to fit changing criteria within the Corps. ii. Pay rules shall work in conjunction with the payroll and personnel transactions needed by the Payroll Technicians and Human Resources Specialists who process changes to selected Officer's pay. iii. Pay rules shall support all Special Pays as applied to the various categories of Officers in the diverse circumstances they may be assigned. b. Retroactive Processing The Offeror's solution must support retroactive processing such that transactions may be entered with effective dates prior to the current period, even prior periods in earlier tax years. In this event, the Offeror's system shall calculate the adjustments to pay. The collection of retroactive overpayments shall be negotiated with the Officer in accordance with Corps policies and procedures, while the disbursement of retroactive underpayments shall be taxed in the current period, in accordance with IRS regulations, specifically those documented in IRS Publication 15, Circular E: Employer's Tax Guide. c. Future Dated Processing The offered solution must support transactions entered with effective dates in future pay periods, even in subsequent tax years. In this event, the Offeror's system shall calculate the adjustments to pay when that future period becomes effective. d. Annual Calculations Once successfully implemented, the offered solution or system must be kept current, both for routine pay table adjustments and for changes to pay calculations as required by the Secretary of HHS or Congress. The offered solution must support annual adjustments to the following tables which inspire calculations to all payees: Basic Allowance for Housing (BAH), Basic Allowance for Subsistence (BAS), Base Pay, Cost of living adjustment and the Veteran's Administration compensation benefits. In addition the solution shall support adjustments to standard amounts for FICA, Thrift Savings Plan, and Taxes. 2. Year End Processing In January of each year, the offeror shall print/mail W-2 statements to each Active Duty Officer and 1099R statements to each Retired Officer, Former Spouse and Annuitant paid in the prior calendar year in accordance with IRS regulations on behalf of the Corps. The offeror shall also prepare and submit W-3 statements to the IRS, and prepare/submit equivalent statements to each State tax office (as required). W2/1099R statements shall be available for viewing, saving and printing to all payees via a web-based self service capability inherent in the solution. 3. Active Duty Transaction Processing The modification of pay is by exception only; the default is to receive the same pay as the previous (monthly) pay period. The likely cause of a pay change is modification to the Officer's data, caused by execution of payroll and personnel transactions. Within a given month, the number of transactions processed currently range from a minimum of 2,500 to twice that amount, possibly more. The offered system shall be structured to support this processing capacity. Transaction's are categorized by type and belong to four (4) functional areas: Compensation, Personnel, Retirement and System. a. Active Duty Compensation Vendors shall propose a Web based solution which collects data from source documents summarizing changes to pay. These transactions fall within the following categories, as defined by military payroll rules: i. Administrative - One-time payment, Payroll Address Change, etc. ii. Entitlements - Lump Sum Leave, Quarters Allowance, etc. iii. Deductions - Bonds, Charity Allotment, Federal/State taxes, garnishments, etc. iv. Benefits - Insurance Allotment, Life Insurance, Thrift Savings Plan, etc. v. Retirement - Retire an Active Duty Officer, Start/Stop retirement pay, Annuity setup, former spouse setup, etc. vi. Special Pays - Accession Bonus, Dental Special Pay, Medical Special Pay, etc. b. Active Duty Personnel Upon receipt of source documents, personnel transactions are entered into the same personnel system which is fully integrated with the payroll system. As many personnel transactions immediately affect pay, vendors shall describe how the offered solution shall integrate personnel transactions with pay rules. Within a given month, the number of personnel transactions processed range from a minimum of 1,500 to twice that amount, and possibly more. The number of personnel transactions fall within the following categories: i. CAD - Call to Active Duty, Assimilation into Regular Corps, etc. ii. Transfer - from/to Billet, Program and/or Station, etc. iii. Grade Change - Permanent or Temporary Promotion or Reversion iv. Separation - Death, Inactivation or Termination v. Miscellaneous - Address Change, Permissive Order, etc. vi. Other - Assimilation into Regular Corps, Statement of Service, etc. 4. Workflow Processing a. Peer Review Each transaction updates different data elements. The data elements modified in each transaction must be viewed and validated by at least 2 experienced personnel within CB or Division of Commissioned Corps Assignments. Given the volume of data changes and transactions processed each month, the Human Resource Specialists and Payroll Technicians have come to rely on an ordered peer review and approval (workflow) process. Within the workflow, data changed in each transaction undergoes peer review, and possibly approval, before being permanently committed to the database. b. Personnel Orders For personnel transactions the offered system shall produce an accompanying legal document - a Personnel Order (PO) document - typically fitting on a single sheet of paper which shall be electronically stored on each officer's record within the system. The contents of the PO shall differ from transaction to transaction, reflecting the transaction type, data elements within the transaction and the individual data of that Officer. Each PO shall be finalized and stored only after the transaction has been successfully vetted through the peer review and approval stages. Secure access to personnel orders by users with differing roles is a mandatory requirement of the offered solution. c. Personnel Order Close Process Each PO shall be finalized and stored only after the transaction has successfully proceeded through the peer review and supervisory approval stages - the PO CLOSE process. d. Personnel Order Amendment Process From time-to-time new information is received regarding a CLOSED (already committed to the database) transaction, forcing that transaction to be significantly modified, invalidated or run on a different effective date. The vendor shall describe how the offered solution shall support this requirement. e. Personnel Data - ORACLE/ Direct Access Interface The data modified by transactions that are in CLOSED status are electronically transmitted to the Corps database on a periodic basis. 5. Retirement Processing Each month approximately 15 to 45 officers retire from Active Duty, and then begin to receive pay in accordance with one of three retirement plans: Final Pay, REDUX, or High 36. In addition, officers may retire on temporary or permanent disability, or they may be granted Separation Pay. A retiring officer's pay rate is individually determined through a Retirement Calculator function that utilizes source data and CC business rules to compute the creditable service time. This calculator simultaneously functions as a base pay determinant for officers newly on active duty, who have creditable service to begin receiving pay at the appropriate level. The offered solution shall support both active duty and retirement functions of the Retirement calculator, its rules, processes and reports. In the months preceding retirement, personnel within the CB begin to identify, gather and store specific information regarding retirement candidates. The process of retirement within the offered system is known as the Retirement Tracking System (RTS). The RTS is an integral function of the pay and personnel system of the Commissioned Corps, and as such a mandatory requirement of the offered solution. 6. Retired Pay Compensation Transactions Pay for the 6,100+ retired officers, annuitants and former spouses is also calculated on an exception only basis in accordance with the rules prescribed in Chapters 71 and 73, Title 10, United States Code. The default is to receive the same pay as the previous (monthly) pay period; however, modifications to pay tables, external compensation or tax tables are often changed. The offered solution shall support the computation of retired pay. Retiree transactions are categorized by type and belong to seven (7) functional areas: Annuitant, Death, Disability, Former Spouse, Other, Retired Officer and VA/Concurrent Receipt. 7. Monthly Payroll Processing a. Payroll Calendar Each pay period begins on the 1st day of each calendar month with officers being paid on a 30-day month. Payday for active-duty officers, retired officers, and former spouses is typically the first day of the following month, or the previous workday, if the first day of the month is not a workday. In some years, Active duty officers are paid twice in December; on the 1st and last workday of the month. For annuitants, payday is the first day of the month, providing that it does not fall on a weekend (Saturday or Sunday). If the first day of the month is not a workday, retired officers, former spouses, and annuitants shall receive their pay on the first workday following the first day of the month. b. Payroll Master Files Upon completion of payroll, the offered services shall produce several master files containing pay, personnel and benefit data. These master files are known as the XMaster, COMaster and D&L respectively. The offered system shall support the requirements of the Payments and Accounting Team, who are responsible for payroll reconciliation each month. A package of reports shall also be made available to the team. c. Payroll Data Files Officers may purchase Series I and Series EE Bonds in available denominations through payroll deduction. The offered system shall create a Bond Payment file that can be used to transmit payment information in accordance with the rules of the United States Treasury department. d. Interface Files/Reporting The existing systems have interfaces to numerous internal and external data systems, including DEERS, 3rd Party, TSP, VA, etc. In addition, data in the offered solution must accept input from and export data to Corps human resource applications. These include the database tables supporting the applicant system, the electronic call to active duty system, the promotion system, the officer evaluation system, and the electronic officer personnel file (eOPF). 8. Data Structures: Initial Load & Updates The database used within the offered system shall be structured to store a myriad of actionable information, including: Admin Codes, Bank Routing Numbers, Bonus Amounts, Common Accounting Numbers, GEO Codes, Special Pays, State Tax Amounts and the like. Several of these tables are updated monthly, including DEERS, etc. Other records are updated on an annual basis, including: Base Pay tables, Base Area for Housing, BAS, Cost of Living Allowance, etc. The database used within the offered system shall be structured to store a myriad of actionable information, including: Admin Codes, Bank Routing Nos., Bonus Amounts, Common Accounting Numbers, GEO Codes, Special Pays, State Tax Amounts and the like. Several of these tables are updated monthly, including DEERS, etc. Other records are updated on an annual basis, including: Base Pay tables, Base Area for Housing, BAS, Cost of Living Allowance, etc. 9. Audit Given the magnitude of transactions processed by Payroll Technicians and HR Specialists, the offered solution shall support a system-based audit trail. In addition the offeror shall provide technical expertise or facilitate technical resources to support the ongoing Government audit programs as prescribed by FISMA. a. Audit Trail Each data entry, action and event shall be time-stamped, providing a complete access to a historical audit trail and enabling tracking of input errors. b. C&A: Security Certification and Security Accreditation As mandated by HHS, all Information Technology systems must undergo an annual Certification and Accreditation (C&A) program, in accordance with NIST SP 800-37, Guide for the Security Certification and Accreditation of Federal Information Systems. The information security program must include periodic testing and evaluation of the effectiveness of information security policies, procedures, practices, and security controls. This testing should be performed with a frequency depending on risk, but no less than annually. Security certification is a comprehensive assessment of the management, operational, and technical security controls in an information system, made in support of security accreditation, that determines the extent to which the controls are implemented correctly, operating as intended, and producing the desired outcome with respect to meeting the security requirements for the system. The results of a security certification are used to reassess the risks and update the system security plan, thus providing the factual basis for an authorizing official to render a security accreditation decision. The offeror shall support the Corps in its performance of the Certification and Accreditation of the offered system. c. Examination SSAE 16 The Government Management Reform Act (GMRA) expanded the CFO Act of 1990 to require the issuance of audited financial statements by HHS and other agencies. Under the HHS plan to implement GMRA, the Corps is required to complete an annual examination of the offered system. The auditors have determined that independent examinations of internal controls shall be completed annually under the guidelines of the American Institute of Certified Public Accountants Statement on Standards for Attestation Engagements (SSAE) No. 16, Reporting on Controls at a Service Organization.. The SSAE 16 shall result in the issuance of reports on controls placed in operation and tests of operating effectiveness in accordance with AU § 324.41 324.57. The period of examination is October 1st of the current year, through June 30th of the following year. The scope of the engagement shall cover all controls and processes required by the Federal Financial Management Improvement Act (FFMIA) criteria and relevant governing agencies, such as Treasury or Office of Management and Budget (OMB), as applicable to SSAE 16 testing procedures, up to and including: • Elements of Internal Controls • Systems Development Life Cycle (SDLC) • General Computer Controls • Additional General Controls • Application Controls • Additional Material As a service provider, AOS must continuously provide documented, reasonable assurance that the offered system has adequate controls and safeguards in place. Results shall be used in the audit of the HHS-wide financial statements and relied upon by other firms in examining operating division financial statements. 10. Reports The offered system shall provide reporting tools and utilities that allow authorized Payroll Technicians and expert users to validate calculations, outputs and payments as they process payroll each month. The reporting tools and utilities shall provide unencumbered access to PHS pay and personnel data, system and individual parameters, transactions, workflow events, calculations and tables, on a 24 by 7 basis throughout the year. Specifically, the following services are required: a. Ad-hoc Reporting Tool While each payroll calculation is verified by the originator and a reviewer before the final processing of any transaction, variance reports are desired as a method to identify changes in payroll from period to period and to identify the reasons for the changes. The ad hoc reporting utility shall allow expert users to seek and identify errors in payroll processing before the completion of payroll each period. AOS has an obligation to provide accurate results before payroll is released. The need for ad hoc reporting extends further as well. There are numerous requests for information from management, auditors, one time questions, and report requests resulting from problems identified in reconciliation. b. Payroll Processing Payroll processing is typically conducted in two stages: a preliminary run is performed mid-month and payroll is finalized at the end of the month. Thus, the CB requires that, at any time in the pay period, a System Administrator or Payroll Supervisor may initiate a process that will lock the payroll of all changes, calculate a draft of final pay and create a set of payroll reports that are available online for detailed review. Later in the month, the final pay process shall be initiated, allowing the System Administrator or Payroll Supervisor to review the status for all payees, including: all earnings, deductions, taxes and net payments, before initiating final disbursement through the Department of Treasury. c. Post Payroll Processing The offered solution shall provide a set of reports formatted in accordance with the requirements of the Payments and Accounting Team (PACT) of the Commissioned Corps Systems Branch (CCSB). PACT provides payroll accounting, certification and reporting services for the CCSB. No less than 33 reports are produced post payroll for PACT and downstream clients of the Corps. d. Accounting for Pay System (AFPS) The offered solution shall also provide a set of master reports formatted in accordance with the requirements of the Financial Management Service (FMS). FMS maintains the Accounting for Pay System (AFPS) interface, which provides Department-wide payroll accounting services for HHS civilian employees and Corps Officers. For the Corps, AFPS is also responsible for: • Payroll accounting for disbursements, obligations and accruals for personnel costs. • Collection and disbursement of payroll income taxes and reporting of those items to the Treasury Department, 50 States, the Internal Revenue Service, and the U.S. Department of Labor. 11. System a. Backup/Replication The offeror shall propose a detailed process and procedure for the restoration of employee and payroll data. Consideration shall be given to system availability and security requirements. The offeror shall maintain a backup/disaster recovery system that shall also be available as a test system. This system shall be located in a Government facility. b. Service Redundancy The offeror shall identify which components of its system are redundant, clustered, and single-point-of-failure. We define these terms as: i. Redundant - failure of this unit will cause no loss of service or performance ii. Clustered - these items share the full load. When failure to one item occurs; the system shall continue operating with the remaining units, but at a reduced performance level. iii. Single-point-of-failure - means discontinuation of service and potential activation if this item fails c. Hosting and Data Ownership The offeror shall provide host environments to allow testing and secure backup of Corps personnel and payroll data. This personnel and payroll data will be the property of the Corps, not the property of the contractor. A disposition plan shall describe how OASH will be protected from a situation in which the offeror is incapable of supporting the payroll service. The offeror's personnel shall also ensure that the backup/disaster recovery/test site is kept in monthly or weekly synchronization with the primary system production database. When necessary, the offeror's operators shall be required to remove the Test Site from operation to enable the disaster recovery site. 12. User Roles, Accounts and Related Functions Within the offered system, access of registered users to system transactions, information views and other user functionality shall be assigned on a role-by-role basis by the System Administrator. Users shall not be limited to any particular role. The offeror shall provide to the government the ability to maintain user accounts (Add, Delete, or Modify functionality) for all registered government users. a. Liaison Officers Commissioned Corps officers are assigned to a variety of positions throughout HHS and certain non-HHS Federal agencies and programs. The Liaison Officer's role is to serve as the point of contact for assisting and coordinating activities between the Corps and a particular agency or program. The offered solution shall allow Liaison officers to view appropriate data changes, transactions and personnel records of officers assigned to their agency or program. b. Self Service The offered system shall include a self service module that will allow both Active and Retired Officers significant control of the distribution of their gross pay (W-4, state tax allotments, net check to bank, etc.), and online access to view, print and manage personal information at any time. C.4 SCOPE OF WORK This SOW identifies the services that will be required on a Firm Fixed Price (FFP) basis. The Government is contracting for the following payroll services: • An out-source approach that provides for equipment, configurable COTS software, and production support without the direct involvement of Government personnel. C.5 REQUIREMENTS C.5.1 General Requirements C.5.1.A. Implementation Phase Services to be performed will be within the scope of work as described below, including but not limited to: 1. Providing a Project Plan Services to be performed will be within the scope of work as described below, including but not limited to: • A Project schedule; • Clarification of the scope and purpose of the proposed project standards; • Determination of compliance with Corps procedures and policies; • Identification of commitments to and from all individuals and organizations; and, • Provides the basis for the estimate of the project's effort, cost and time to implementation. 2. Perform an Analysis of the Requirements including • A review of existing requirement documentation; • Conducting interviews with technical, functional, and process experts; • Deliver a document that includes: • A detailed account of all pay rules • A detailed account of all interface specifications • An account of all roles, responsibilities, and access controls Data migration requirements • Interaction requirements • Report requirements • Leave management requirements • Personnel order requirements from DCCA - for example, moving instructions, travel instructions, expense reimbursement instructions • Pay provisions for the Ready Reserve 3. Develop an Application Design including • A data element dictionary • A workflow design • Data migration plan and integrity test procedures • An implementation plan and integrity test procedures A training plan • A fail-safe plan should unforeseen problems arise 4. Add the following standard deliverables as prescribed by HHS's EPLC. • Functional Requirements Document • Risk Management Plan • Change Control Plan 5. Build and configure the solution according to the Application Design 6. Conduct training for all user types according to the training plan 7. Test the solution according to migration and test plans 8. Rollout the application according to the implementation plan 9. Provide post-implementation guidance on supporting the application C.5.1.B. Production and Maintenance Phase Services to be provided during this phase include, but are not limited to: 1. Monthly payroll processing for all eligible active duty, retired, annuitants, and former spouses 2. Supplementary payroll production runs according to existing HHS regulations and policy 3. Timely delivery of interface files or data to support the existing interface methodologies 4. Maintenance of all payroll database tables in accordance with written instructions provided by the Contract Officer's Technical Representative (COTR) 5. Maintenance of all the payroll processing rules in accordance with written instructions provided by the COTR 6. Maintenance of a continuation of operations facility as a backup to the primary site 7. Appropriate updates and technical input to the OMB-required Analysis of Alternatives, Earned Value Management (EVM), annual Operations Analysis and other required documentation such as OMB-300 8. Annual SSAE 16 9. Provide access to other Government Agency or their designated agent for evaluation of business rules and/ or data. 10. Provide to OASH or their designated agent information regarding data structures, algorithms, and other processing activities contained within the Vendor proposed Pay and Personnel application. 11. Update the offered application so that it processes information from the Direct Access Position data rather than information from the Billet Description Number. Direct Access position Data is a superset of the Billet data. 12. Update the offered application to support the movement of Corps HR functions, including, but not limited to position management, recruitment, applicant processing, calls to active duty, promotion boards, and officer evaluations, to the Direct Access application. C.5.1.B.1 Application Operation The Contractor shall ensure that the Offered system - both online and batch processes - operate in accordance with established production schedules. C.5.1.B.2 Interfaces The Contractor shall ensure that interfaces between the Offered system and existing internal and external data systems are functioning properly. The Contractor shall assist Government workers to facilitate new interface requirements as they are mandated. C.5.1.B.3 Application Maintenance It is expected that the Contractor will keep the application current with Corps databases, business processes, and HHS's minimum standards for web browsers and, with proper notification, be prepared to adapt the application to other industry standards should they be mandated by HHS. C.5.2 Section 508 Compliance: All materials developed and disseminated through this contract must meet compliancy standards to be accessible to all and be able to be posted on the website as appropriate. All materials shall be compliant with Section 508 of the Rehabilitation Act of 1973, as amended. The HHS Web Standards that need to be followed can be found at http://www.hhs.gov/web. The Usability Standards can be found at http://www.usability.gov SECTION D PACKAGING AND MARKING D.1 PACKAGING All deliverables (i.e., reports and documentation) shall be preserved, packaged and packed in accordance with normal commercial practices to meet the packing requirements of the carrier including that which is necessary to prevent deterioration and damages due to hazards of shipping, handling and storing. D.2. MARKING Each package/container shall be delivered to the COTR at the address shown at Section G.3, and shall be marked as follows: (a) Name and Address of Contractor (b) Contract Number (c) Description of the item(s) contained therein; and (d) Consignee's name and address SECTION E INSPECTION AND ACCEPTANCE E. 1 INSPECTION AND ACCEPTANCE The Contracting Officer Technical Representative (COTR), as a duly authorized representative of the Contracting Officer, shall assume the responsibilities for monitoring the Contractor's performance, evaluating the quality of services provided by the contractor, and performing final inspection and acceptance of all deliverables and services called for by the contract. All items delivered to the COTR will be deemed to have been approved 30 calendar days after date of delivery, except as otherwise specified in this contract, if written approval or disapproval has not been given within this period. E.2 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 shall make their full text available. Also, the full text of a clause may be accessed electronically at these addresses: http://www.acqnet.gov/far/. CLAUSE TITLE FAR 52.212.4(a) Contract Terms and Conditions-Commercial Items.(MAR 2009) a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights- SECTION F DELIVERIES OR PERFORMANCE F. 1 PERIOD OF PERFORMANCE The period of performance shall be two months, September 1st, 2011 through October 31st, 2011, for the base with four options of 12 months each. F.2 PLACE OF PERFORMANCE F.2.A All meetings, requirements gathering, presentations, beta testing, etc. will be conducted at one of two following Government locations as determined by the COTR: Parklawn Building 5600 Fishers Lane Rockville, MD 20857 OR Tower Building 1101 Wootton Pkwy, Suite 100 Rockville, MD 20852 F.2.B Performance will be conducted at the Contractor's facility, as required. F.3 DELIVERABLE SCHEDULE The Contractor shall provide bi-weekly status reports indicating all activities performed since the last report and progress toward upcoming milestones. Milestone deliverables shall include: The Contractor shall provide metrics and reports to document performance of the following tasks: 1. Application Operation 2. Interfaces 3. Application Maintenance 4. Service Delivery 5. Updated System Documentation 6. System Test Results of Software Changes All text deliverables should be submitted in four (4) hardcopies and a soft copy in Microsoft Word format. Other types of deliverables (spreadsheets, Gantt charts, presentations, etc.) should be submitted in two (2) hardcopies and in a soft copy using other Microsoft Office products (e.g. MS Word, MS Excel, MS PowerPoint, MS Project, etc.). F.4 DELIVERY REQUIREMENTS Pick-up and delivery of items under this contract shall be accomplished between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday unless changed by mutual agreement between the COTR and the Contractor. When a deliverable due date occurs on a weekend or a Government holiday, the deliverable will be due on the next Government business day, following the holiday or weekend. F.4.1 GOVERNMENT HOLIDAYS 1. New Year's Day January 1 2. Martin Luther King's Birthday Third Monday in January 3. Inauguration Day January 2013 (MLK's Birthday) 4. President's Day Third Monday in February 5. Memorial Day Last Monday in May 6. Independence Day July 4 7. Labor Day First Monday in September 8. Columbus Day Second Monday October 9. Veteran's Day November 11 10. Thanksgiving Day Fourth Thursday November 11. Christmas Day December 25 SECTION G CONTRACT ADMINISTRATION DATA G.1 AUTHORITIES OF GOVERNMENT PERSONNEL Notwithstanding the Contractor's responsibility for total management during the performance of this contract, the administration of this contract will require maximum coordination between the Government and the Contractor. The following individuals will be the Government's points of contact during the performance of this contract. G.2 CONTRACT SPECIALIST RESPONSIBILITY The Contract Specialist shall perform all contract administration. All communications pertaining to contractual and/or administrative matters shall be addressed to the contract specialist and reference the contract number. The contract specialist may be contacted at: HHS/Program Support Center Division of Acquisition Management, SAS 5600 Fishers Lane, Room 5-101 Rockville, MD 20857 G.3 CONTRACTING OFFICER RESPONSIBILITY The Contracting Officer is responsible for the administrative and contractual issues concerning this contract and is the only individual authorized to modify this contract. The Contracting Officer may be contacted at: HHS/Program Support Center Division of Acquisition Management, SAS 5600 Fishers Lane, Room 5-101 Rockville, MD 20857 G.4 CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE (COTR) RESPONSIBILITY The COTR will be designated on the authority of the Contracting Officer at the time of contract award to monitor all technical aspects of the contract. The types of actions within the purview of the COTR's responsibilities are to assure that the Contractor performs the technical requirements of the contract and to notify both the Contractor and the Contracting Officer of any deficiencies observed. A letter of designation shall be issued to both the COTR and the Contractor at the time of contract award setting forth in full the responsibilities and limitations of the COTR. G.5 TECHNICAL MONITORING (a) Performance of work under this contract must be subject to the technical direction of the Contracting Officers' Technical Representative identified above, or a representative designated in writing. The term "technical direction" includes, without limitation, direction to the contractor that directs or redirects the labor effort, shifts the work between work areas or locations, fills in details and otherwise serves to ensure that tasks outlined in the work statement are accomplished satisfactorily. (b) Technical direction must be within the scope of the specification(s)/work statement. The Contracting Officers' Technical Representative does not have authority to issue technical direction that: (1) Constitutes a change of assignment or additional work outside the specification(s)/statement of work; (2) Constitutes a change as defined in the clause entitled "Changes"; (3) In any manner causes an increase or decrease in the contract price, or the time required for contract performance; (4) Changes any of the terms, conditions, or specification(s)/work statement of the contract; (5) Interferes with the contractor's right to perform under the terms and conditions of the contract; or (6) Directs, supervises or otherwise controls the actions of the contractor's employees. (c) Technical direction may be oral or in writing. The Contracting Officer's Technical Representative shall confirm oral direction in writing within five work days, with a copy to the Contracting Officer. (d) The contractor shall proceed promptly with performance resulting from the technical direction issued by the Contracting Officer's Technical Representative. If, in the opinion of the contractor, any direction of the Contracting Officer's Technical Representative, or his/her designee, falls within the limitations in (b), above, the contractor shall immediately notify the Contracting Officer no later than the beginning of the next Government work day. (e) Failure of the contractor and the Contracting Officer to agree that technical direction is within the scope of the contract shall be subject to the terms of the clause entitled "Disputes." G.6 INVOICING AND PAYMENT Each invoice will be billed separately. The invoice should show the type of services provided, quantities and rate and extended costs. One original voucher, complete with all required back-up documentation shall be submitted to the Contract Specialist and addressed to: HHS/Program Support Center Division of Acquisition Management, SAS 5600 Fishers Lane, Room 5-101 Rockville, MD 20857 ATTN: Joseph Pirrone, Contracting Specialist One copy of the voucher with copies of all required back-up documentation shall be emailed to PSC_EAPPROVAL.CPMT@PSC.HHS.GOV or they may be submitted to: PSC/FMS/DFO/Commercial Payments Section Parklawn Building, Room 16A-12 5600 Fishers Lane Rockville, Maryland 20857 Contract Number: The Contractor shall list the COTR name and phone number on the face page of the voucher. One copy of the voucher shall be sent to the Contracting Officer Technical Representative, who is responsible to complete receiving and approve payment in UFMS (Unified Financial Management System). All calls concerning contract payments shall be directed to the general helpline for contract payments on (301) 443-6766. Payment shall be made by the Program Support Center, Financial Management Service. In addition to the information required by FAR Clause 52.232-25 - Prompt Payment - the following information is also required for submission of a proper voucher: a. Contractor's name, voucher number and date; b. Contract Number; c. Description, cost and quantity of services/products actually delivered; d. Date of service; e. Payment terms; f. Tax identification number; g. Other substantiating documentation or information as required by the contract; h. Signature of an authorized official certifying the voucher to be correct and proper for payment; and i. COTR's name and telephone number. Notwithstanding the requirement to register and update the Central Contractor Registration database, the contractor shall submit its electronic funds transfer information to the address in G.6.above. SECTION H SPECIAL CONTRACT REQUIREMENTS H.1. PRIVACY The contractor shall perform all work in accordance with Office of Management and Budget (OMB) Circular A-130, Appendix III, "Security of Federal Automated Information Systems," and the HHS AISSP Handbook. Any contractor who uses a HHS computer or has access to HHS Automated Information Systems (AIS) resources must have at least a National Agency Check and Inquiry Investigation (NACIC) check. Anyone with access to sensitive data (e.g., personnel or payroll data) must have at least a Minimum Background Investigation (MBI) or Background Investigation (BI). HHS, Personnel Security, and Drug Testing Program Division must adjudicate all reports. The contractor shall submit a completed security clearance package, available from the Project Manager (PM), for each person expected to support the project, to the attention of the PM within five working days of contract award. Any time the contractor adds personnel in support of the Work Order, additional clearance packages must be submitted to the PM within five business days. At the time the contractor submits the security clearance package(s), the contractor shall identify the type of work the contractor's employee(s) will perform so that HHS can determine the anticipated level of systems involvement. The contractor shall include this information with the security clearance package in narrative. There is no specific form to be used for this submission. Provision of this information will expedite the clearance process. Investigations must be conducted and documented before any individual can have access to HHS computer systems or information. When any contractor employee completes involvement with the Work Order and will no longer report to the work site, s/he is required to fill out a contractor exit form. This form can be obtained from the PM and must be returned to the PM, along with all assigned access cards and/or keys, on the contractor employee's final day at the work site. The Offeror must acknowledge, in writing, its understanding of the security requirements detailed in this Statement of Work. H2. SECURITY HHS-Controlled Facilities and Information Systems Security: (a) To perform the work specified herein, Contractor personnel are expected to have routine (1) physical access to an HHS-controlled facility; (2) logical access to an HHS-controlled information system; (3) access to sensitive HHS data or information, whether in an HHS-controlled information system or in hard copy; or(4) any combination of circumstances (1) through (3). (b) To gain routine physical access to an HHS facility, logical access to an HHS-controlled information system, and/or access to sensitive data or information, the Contractor and its employees shall comply with Homeland Security Presidential Directive (HSPD)-12, Policy for a Common Identification Standard for Federal Employees and Contractors; Office of Management and Budget memorandum (M- 05-24); and Federal Information Processing Standards Publication (FIPS PUB) Number 201; and with the personal identity verification and investigation procedures contained in the following documents: (1) HHS Information Security Program Policy. (2) HHS Office of Security and Drug Testing, Personnel Security/Suitability Handbook, dated February 1, 2005. (3) HHS HSPD-12 Policy Document, v. 2.0. (c) This contract/order will entail the following position sensitivity level(s): Level 5 MBI\BI. The Government reserves the right to increase the position sensitivity level(s), as required. (d) The personnel investigation procedures for Contractor personnel require that the Contractor prepare and submit background check/investigation forms based on the type of investigation required. The minimum Government investigation for a non-sensitive position is a National Agency Check and Inquiries (NACI) with fingerprinting. More restricted positions--i.e., those above non-sensitive, require more extensive documentation and investigation. As part of its proposal, and if the anticipated position sensitivity levels are specified in paragraph (c) above, the Offeror shall notify the Contracting Officer of (1) its proposed personnel who will be subject to a background check/investigation and (2) whether any of its proposed personnel who will work under the contract have previously been the subject of national agency checks or background investigations. (e) Investigations are expensive and may delay performance, regardless of the outcome of the investigation. Delays associated with rejections and consequent reinvestigations may not be excusable in accordance with the FAR clause, Excusable Delays--see FAR 52.249 14. Accordingly, if position sensitivity levels are specified in paragraph (c), the Offeror shall ensure that the employees it proposes for work under this contract have a reasonable chance for approval. (f) Typically, the Government investigates personnel at no cost to the Contractor. However, multiple investigations for the same position may, at the Contracting Officer's discretion, justify reduction(s) in the contract price of no more than the cost of the additional investigation(s). (g) The Contractor shall include language similar to this ``HHS-Controlled Facilities and Information Systems Security'' language in all subcontracts that require subcontractor personnel to have the same frequency and duration of (1) physical access to an HHS-controlled facility; (2) logical access to an HHS-controlled information system; (3) access to sensitive HHS data/information, whether in an HHS-controlled information system or in hard copy; or (4) any combination of circumstances (1) through (3). (h) The Contractor shall direct inquiries, including requests for forms and assistance, to the Contracting Officer or designee. (i) Within 7 calendar days after the Government's final acceptance of the work under this contract, or upon termination of the contract, the Contractor shall return all identification badges to the Contracting Officer or designee. H.3 STAFFING The Contractor must possess the demonstrated ability to satisfy all the deliverables in phase I and phase II. In addition, the vendor's staff will have access to sensitive but unclassified information subject to protection under the Privacy Act. The vendor's staff will serve as the Government's agent and therefore, is subject to the Privacy Act. All vendor staff must have favorable NACI background checks with credit report prior to reporting to duty. Prior to replacing any contractor staff designated as key personnel, the contractor will obtain the prior approval of the PSC Contracting Officer. H.4 KEY PERSONNEL HHSAR 352.242-70 (JAN 2006): The individuals/positions cited below are considered to be essential to the work being performed hereunder. Prior to diverting any of the specified individuals to other programs, the Contractor shall notify the Contracting Officer reasonably in advance and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the program. No diversion shall be made by the Contractor without prior written consent of the Contracting Officer, provided, that the Contracting Officer may ratify in writing such diversion and such ratification shall constitute the consent of the Contracting Officer. The Contract may be modified from time to time during the course of the contract to either add or delete personnel, as appropriate. Name Title TBD Project Manager SECTION I CONTRACT CLAUSES 52.212-4 Contract Terms and Conditions-Commercial Items. (JUNE 2010) (a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or performance of nonconforming services at no increase in contract price. If repair/replacement or performance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights- (1) Within a reasonable time after the defect was discovered or should have been discovered; and (2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. (b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Government-wide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract. (c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties. (d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract. (e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. (f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. (g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include- (i) Name and address of the Contractor; (ii) Invoice date and number; (iii) Contract number, contract line item number and, if applicable, the order number; (iv) Description, quantity, unit of measure, unit price and extended price of the items delivered; (v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading; (vi) Terms of any discount for prompt payment offered; (vii) Name and address of official to whom payment is to be sent; (viii) Name, title, and phone number of person to notify in event of defective invoice; and (ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract. (x) Electronic funds transfer (EFT) banking information. (A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract. (B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer-Other Than Central Contractor Registration), or applicable agency procedures. (C) EFT banking information is not required if the Government waived the requirement to pay by EFT. (2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315. (h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings. (i) Payment.- (1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract. (2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315. (3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause. (4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made. (5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall- (i) Remitthe overpayment amount to the payment office cited in the contract along with a description of the overpayment including the- (A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment); (B) Affected contract number and delivery order number, if applicable; (C) Affected contract line item or subline item, if applicable; and (D) Contractor point of contact. (ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer. (6) Interest. (i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid. (ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract. (iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if- (A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days; (B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or (C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2). (iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment. (v) Amounts shall be due at the earliest of the following dates: (A) The date fixed under this contract. (B) The date of the first written demand for payment, including any demand for payment resulting from a default termination. (vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on- (A) The date on which the designated office receives payment from the Contractor; (B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or (C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor. (vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract. (j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon: (1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or (2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination. (k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties. (l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided. (m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience. (n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession. (o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. (p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items. (q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract. (r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity. (s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) The schedule of supplies/services. (2) The Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts paragraphs of this clause. (3) The clause at 52.212-5. (4) Addenda to this solicitation or contract, including any license agreements for computer software. (5) Solicitation provisions if this is a solicitation. (6) Other paragraphs of this clause. (7) The Standard Form 1449. (8) Other documents, exhibits, and attachments. (9) The specification. (t) Central Contractor Registration (CCR). (1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (2)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of Subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name. (ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract. (3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor's CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract. (4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757. 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items. (APR 2011) (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) 52.222-50, 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)). (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78). (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: _x_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). _x_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). __ (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.) _x_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2010) (Pub. L. 109-282) (31 U.S.C. 6101 note). __ (5) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (Jul 2010) (Pub. L. 111-5). _x_ (6) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (DEC 2010) (31 U.S.C. 6101 note). (Applies to contracts over $30,000). (Not applicable to subcontracts for the acquisition of commercially available off-the-shelf items). __ (7) 52.219-3, Notice of Total HUBZone Set-Aside or Sole-Source Award (Jan 2011) (15 U.S.C. 657a). __ (8) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). __ (9) [Reserved] _x_ (10)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644). __ (ii) Alternate I (Oct 1995) of 52.219-6. __ (iii) Alternate II (Mar 2004) of 52.219-6. __ (11)(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. _x_ (12) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)). __ (13)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (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 (Jul 2010) of 52.219-9. __ (14) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)). __ (15) 52.219-16, Liquidated Damages-Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). __ (16)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). __ (ii) Alternate I (June 2003) of 52.219-23. __ (17) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). __ (18) 52.219-26, Small Disadvantaged Business Participation Program- Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). __ (19) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f). _x_ (20) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)). __ (21) 52.219-29 Notice of Total Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2011). __ (22) 52.219-30 Notice of Total Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2011). _x_ (23) 52.222-3, Convict Labor (June 2003) (E.O. 11755). __ (24) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jul 2010) (E.O. 13126). _x_ (25) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). _x_ (26) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). _x_ (27) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212). _x_ (28) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). _x_ (29) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212). _x_ (30) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). _x_ (31) 52.222-54, Employment Eligibility Verification (JAN 2009). (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.) __ (32)(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.) __ (33) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b). __ (34)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423). __ (ii) Alternate I (DEC 2007) of 52.223-16. _x_ (35) 52.223-18, Contractor Policy to Ban Text Messaging While Driving (SEP 2010) (E.O. 13513). _x_ (36) 52.225-1, Buy American Act-Supplies (Feb 2009) (41 U.S.C. 10a-10d). __ (37)(i) 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act (June 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110-138). __ (ii) Alternate I (Jan 2004) of 52.225-3. __ (iii) Alternate II (Jan 2004) of 52.225-3. _x_ (38) 52.225-5, Trade Agreements (AUG 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _x_ (39) 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). __ (40) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (41) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). _x_ (42) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). _x_ (43) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). _x_ (44) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003) (31 U.S.C. 3332). __ (45) 52.232-34, Payment by Electronic Funds Transfer-Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332). __ (46) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332). _x_ (47) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ (48)(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: [Contracting Officer check as appropriate.] _x_ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). _x_ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). _x_ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 351, et seq.). __ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.). _x_ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). _x_ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)). (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) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (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) [Reserved] (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). (vii) 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. (viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). (ix) 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)). (x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.). (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.). (xii) 52.222-54, Employment Eligibility Verification (JAN 2009). (xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xiv) 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. (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. I.1.2 DEPARTMENT OF HEALTH AND HUMAN SERVICES ACQUISITION REGULATION (HHSAR) (48 CFR CHAPTER 3) CLAUSES HHSAR CLAUSE TITLE AND DATE 352.202-1 Definitions (JAN 2006) 352.203-70 Anti-Lobbying (JAN 2006) 352.222-70 Contractor Cooperation in Equal Employment Opportunity Investigations (JAN 2010) 352.231-71 Pricing of Adjustments (JAN 2001) 352.239-70 Standard for Security Configurations (JAN 2010) 352.239-71 Standard for Encryption Language (JAN 2010) 352.239-72 Security Requirements for Federal Information Technology Resources (JAN 2010) I.1.3 FEDERAL ACQUISITION REGULATIONS (FAR) 48 CFR CHAPTER CLAUSES) 1. 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 _30_ days of expiration of the contract. (End of clause) 2. 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 sixty days before contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 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 sixty (60) months. (End of clause) I.2 352.239-73(a) ELECTRONIC INFORMATION AND TECHNOLOGY ACCESSIBILITY (JAN 2010) (a) Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), as amended by the Workforce Investment Act of 1998, and the Architectural and Transportation Barriers Compliance Board Electronic and Information (EIT) Accessibility Standards (36 CFR Part 1194), require that, unless an exception applies, all EIT products and services developed, acquired, maintained, or used by any Federal department or agency permit- (1) Federal employees with disabilities to have access to and use information and data that is comparable to the access and use of information and data by Federal employees who are not individuals with disabilities; and (2) Members of the public with disabilities seeking information or services from a Federal agency to have access to and use of information and data that is comparable to the access and use of information and data by members of the public who are not individuals with disabilities. (b) Accordingly, any vendor submitting a proposal/quotation/bid in response to this solicitation must demonstrate compliance with the established EIT accessibility standards. Information about Section 508 is available at http://www.section508.gov/. The complete text of Section 508 Final Provisions can be accessed at: http://www.accessboard.gov/sec508/provisions.htm. (c) The Section 508 accessibility standards applicable to this solicitation are identified in the Statement of Work/Specification/Performance Work Statement. In order to facilitate the Government's evaluation to determine whether EIT products and services proposed meet applicable Section 508 accessibility standards, Offerors must prepare an HHS Section 508 Product Assessment Template, in accordance with its completion instructions, and provide a binding statement of conformance. The purpose of the template is to assist HHS acquisition and program officials in determining that EIT products and services proposed support applicable Section 508 accessibility standards. The template allows vendors or developers to self-evaluate their products or services and document in detail how they do or do not conform to a specific Section 508 accessibility standard. Instructions for preparing the HHS Section 508 Evaluation Template may be found under Section 508 policy on the HHS Office on Disability Web site (http://www.hhs.gov/od ). (d) Respondents to this solicitation must also provide any additional detailed information necessary for determining applicable Section 508 accessibility standards conformance, as well as for documenting EIT products or services that are incidental to the project, which would constitute an exception to Section 508 requirements. If a vendor claims its products or services, including EIT deliverables such as electronic documents and reports, meet applicable Section 508 accessibility standards in its completed HHS Section 508 Product Assessment Template, and it is later determined by the Government- i.e., after award of a contract/order, that products or services delivered do not conform to the described accessibility standards in the Product Assessment Template, remediation of the products or services to the level of conformance specified in the vendor's Product Assessment Template will be the responsibility of the Contractor and at its expense. (End of provision) I.3 352.239-73(b) ELECTRONIC AND INFORMATION TECHNOLOGY ACCESSIBILITY (JAN 2010) (a) Pursuant to Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), as amended by the Workforce Investment Act of 1998, all electronic and information technology (EIT) products and services developed, acquired, maintained, or used under this contract/order must comply with the "Electronic and Information Technology Accessibility Provisions" set forth by the Architectural and Transportation Barriers Compliance Board (also referred to as the "Access Board") in 36 CFR part 1194. Information about Section 508 is available at: http://www.section508.gov/. The complete text of Section 508 Final Provisions can be accessed at: http://www.access-board.gov/sec508/provisions.htm. (b) The Section 508 accessibility standards applicable to this contract/order are identified in the Statement of Work/Specification/Performance Work Statement. The Contractor must provide a written Section 508 conformance certification due at the end of each contract/order exceeding $100,000 when the contract/order duration is one year or less. If it is determined by the Government that EIT products and services provided by the Contractor do not conform to the described accessibility standards in the Product Assessment Template, remediationof the products or services to the level of conformance specified in the Contractor's Product Assessment Template will be the responsibility of the Contractor at its own expense. (c) In the event of a modification(s) to this contract/order, which adds new EIT products or services or revises the type of, or specifications for, products or services the Contractor is to provide, including EIT deliverables such as electronic documents and reports, the Contracting Officer may require that the contractor submit a completed HHS Section 508 Product Assessment Template to assist the Government in determining that the EIT products or services support Section 508 accessibility standards. Instructions for documenting accessibility via the HHS Section 508 Product Assessment Template may be found under Section 508 policy on the HHS Office on Disability Web site (http://www.hhs.gov/od ). I.4 352.239-73(c) ELECTRONIC AND INFORMATION TECHNOLOGY ACCESSIBILITY (JAN 2010) Prior to the Contracting Officer exercising an option for a subsequent performance period/additional quantity or adding funding for a subsequent performance period under this contract, as applicable, the Contractor must provide a Section 508 Annual Report to the Contracting Officer and Project Officer. Unless otherwise directed by the Contracting Officer in writing, the Contractor shall provide the cited report in accordance with the following schedule. Instructions for completing the report are available in the Section 508 policy on the HHS Office on Disability Web site under the heading Vendor Information and Documents. The Contractor's failure to submit a timely and properly completed report may jeopardize the Contracting Officer's exercising an option or adding funding, as applicable. SECTION J LIST OF ATTACHMENTS Identifier Description Number of Pages Attachment A Wage Determination 2005-2103 13 Revision: 8, Dated 06/2/2009 Attachment B SF LLL- Disclosure of Lobbying Activities 1 Attachment C External Interfaces to the Current Payroll 1 Environment Attachment D Glossary of Pay Rules 8 Attachment E Table B.4 Base Year (September 1, 2011 through 1 August 31, 2015) SECTION K REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS K.1 FAR 52.212-3 Offeror Representations and Certifications-Commercial Items. (APR 2011) As prescribed in 12.301(b)(2), insert the following provision: An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) of this provision. (a) Definitions. As used in this provision- "Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program. "Forced or indentured child labor" means all work or service- (1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or (2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties. "Inverted domestic corporation" means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 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 Federal Supply Classes (FSC) 1000-9999, except- (1) FSC 5510, Lumber and Related Basic Wood Materials; (2) Federal Supply Group (FSG) 87, Agricultural Supplies; (3) FSG 88, Live Animals; (4) FSG 89, Food and Related Consumables; (5) FSC 9410, Crude Grades of Plant Materials; (6) FSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) FSC 9610, Ores; (9) FSC 9620, Minerals, Natural and Synthetic; and (10) FSC 9630, Additive Metal Materials. "Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture. "Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate- (1) Are conducted under contract directly and exclusively with the regional government of southern Sudan; (2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; (3) Consist of providing goods or services to marginalized populations of Sudan; (4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization; (5) Consist of providing goods or services that are used only to promote health or education; or (6) Have been voluntarily suspended. "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. "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 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 Online Representations and Certifications Application (ORCA) website. (2) The offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), 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 (o) 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 on ORCA.] (c) Offerors must complete the following representations when the resulting contract will 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 o is, o 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 o is, o 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 o is, o 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, for general statistical purposes, that it o is, o is not a small disadvantaged business concern as defined in 13 CFR 124.1002. (5) Women-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 that it o is, o is not a women-owned small business concern. Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold. (6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that- (i) It * is, * is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It * is, * is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate in reference to the WOSB concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern or concerns that are participating in the joint venture: __________.] Each WOSB concern participating in the joint venture shall submit a separate signed copy of the WOSB representation. (7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that- (i) It * is, * is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It * is, * is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(ii) of this provision is accurate in reference to the EDWOSB concern or concerns that are participating in the joint venture. The offeror shall enter the name or names of the EDWOSB concern or concerns that are participating in the joint venture: __________. Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation. (8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it o is a women-owned business concern. (9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:____________________________________ (10) [Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns, or FAR 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.] (i) General. The offeror represents that either- (A) It o is, o is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the CCR Dynamic Small Business Search database maintained by the Small Business Administration, and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or (B) It o has, o has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted. (ii) o Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(10)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. [The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ________________.] (11) HUBZone 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- (i) It o is, o is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and (ii) It o is, o is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(11)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation. (d) Representations required to implement provisions of Executive Order 11246- (1) Previous contracts and compliance. The offeror represents that- (i) It o has, o has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and (ii) It o has, o has not filed all required compliance reports. (2) Affirmative Action Compliance. The offeror represents that- (i) It o has developed and has on file, o has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 cfr parts 60-1 and 60-2), or (ii) It o has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made. (f) Buy American Act Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act-Supplies, is included in this solicitation.) (1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." The terms "commercially available off-the-shelf (COTS) item" "component," "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American Act-Supplies." (2) Foreign End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (g)(1) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms "Bahrainian, Moroccan, Omani, or Peruvian end product," "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act." (ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act": Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, or Peruvian End Products) or Israeli End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." Other Foreign End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (2) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act": Canadian End Products: Line Item No. _______________________________________ _______________________________________ _______________________________________ [List as necessary] (3) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act": Canadian or Israeli End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (4) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(4)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled "Trade Agreements." (ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products. Other End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American Act. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation. (h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals- (1) o Are, o are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (2) o Have, o have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; (3) o Are, o are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and (4) o Have, o have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied. (i) Taxes are considered delinquent if both of the following criteria apply: (A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. (B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. (ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. (D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code). (i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).] (1) Listed end products. Listed End Product Listed Countries of Origin ___________________ ___________________ ___________________ ___________________ (2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.] [ ] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. [ ] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor. (j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly- (1) o In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) o Outside the United States. (k) Certificates regarding exemptions from the application of the Service Contract Act. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.] [ ] (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror o does o does not certify that- (i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations; (ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and (iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. [ ] (2) Certain services as described in FAR 22.1003-4(d)(1). The offeror o does o does not certify that- (i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations; (ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii)); (iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and (iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers. (3) If paragraph (k)(1) or (k)(2) of this clause applies- (i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Act wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and (ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause. (l) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to a central contractor registration database to be eligible for award.) (1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS). (2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN. (3) Taxpayer Identification Number (TIN). o TIN: ________________________________. o TIN has been applied for. o TIN is not required because: o Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; o Offeror is an agency or instrumentality of a foreign government; o Offeror is an agency or instrumentality of the Federal Government. (4) Type of organization. o Sole proprietorship; o Partnership; o Corporate entity (not tax-exempt); o Corporate entity (tax-exempt); o Government entity (Federal, State, or local); o Foreign government; o International organization per 26 CFR 1.6049-4; o Other ________________________________. (5) Common parent. o Offeror is not owned or controlled by a common parent; o Name and TIN of common parent: Name ________________________________. TIN _________________________________. (m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan. (n) Prohibition on Contracting with Inverted Domestic Corporations. (1) Relation to Internal Revenue Code. A foreign entity that is treated as an inverted domestic corporation for purposes of the Internal Revenue Code at 26 U.S.C. 7874 (or would be except that the inversion transactions were completed on or before March 4, 2003), is also an inverted domestic corporation for purposes of 6 U.S.C. 395 and for this solicitation provision (see FAR 9.108). (2) Representation. By submission of its offer, the offeror represents that it is not an inverted domestic corporation and is not a subsidiary of one. (o) Sanctioned activities relating to Iran. (1) Unless a waiver is granted or an exception applies as provided in paragraph (o)(2) of this provision, by submission of its offer, the offeror certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act of 1996. (2) The certification requirement of paragraph (o)(1) of this provision does not apply if- (i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable agency provision); and (ii) The offeror has certified that all the offered products to be supplied are designated country end products. (End of provision) SECTION L INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR QUOTERS L.1 FAR 52.212-1 Instructions to Offerors-Commercial Items. As prescribed in 12.301(b)(1), insert the following provision: INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS (JUNE 2008) (a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees. (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. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the 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) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. 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 30 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 preaward 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- GSA Federal Supply Service Specifications Section Suite 8100 470 East 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 (http://assist.daps.dla.mil). (ii) Quick Search (http://assist.daps.dla.mil/quicksearch). (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 (http://assist.daps.dla.mil/wizard); (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) 697-2667/2179, 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 all offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the Central Contractor Registration (CCR) 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 CCR 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 a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office. (k) Central Contractor Registration. 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 CCR 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 CCR 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 internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757. (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 the 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 the 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. (End of provision) L.1.3 The proposal must be signed by an official authorized to bind your organization. Please submit on hard copy original to the address below and complete proposals shall also be submitted electronically to frank.barnett@psc.hhs.gov. Please put solicitation number in subject line. (Adobe Acrobat or Microsoft Word 2003 or later format) Hard copy submissions need to be submitted to the following address: Division of Acquisition Management, SAS/PSC Parklawn Building, Room 5-101 5600 Fishers Lane Rockville, Maryland 20857 ATTN: Frank Barnett, Contract Specialist Request For Proposal: 11-233-SOL-00050 L.1.4 You may, at your discretion, submit an alternate proposal, or a proposal that deviates from the requirements; provided, that you also submit a proposal for the performance of the work as specified in the statement of work. This proposal may be considered if overall performance would be improved or not compromised, and if it is in the best interests of the Government. An alternate proposal, or deviations from any of the requirements of this RFP, must be clearly identified. It is understood that your proposal shall become a part of the official contract file. L.1.5 This RFP does not commit the Government to pay any of the costs associated with the preparation and submission of your proposal. In addition, the Contracting Officer is the only individual authorized to legally commit the Government to the expenditure of public funds in connection with this requirement. The Government will evaluate your proposal in accordance with the evaluation criteria set forth in Section M of this solicitation. L.1.6 All questions must be SUBMITTED NO LATER THAN June 8th, 2011, 8:00 AM Eastern Time via E-mail to frank.barnett@psc.hhs.gov. L.2 VOLUME I - TECHNICAL PROPOSAL A proposal, which merely offers to conduct a program in accordance with the requirements of the Government's scope of work, will not be eligible for award. Proposals shall clearly demonstrate the Offeror's competence, technical understanding and approach in order to accomplish the requirements set forth in Section C. While technical proposals are not limited to a certain number of pages, you are encouraged to be succinct and economical in your presentation. Excessive volume and elaborate presentations are unnecessary and should be avoided. L.2.1 The technical proposal shall consist of the following information: L.2.1.1 Technical Approach The Offeror's proposal should include a detailed work plan depicting how each aspect of the statement of work is to be accomplished. It should be in as much detail as considered necessary to fully explain the proposed technical approach or methodology in delivering military pay and personnel services. Milestone and or phasing charts should be included. The proposal shall include a description of the techniques and procedures to be employed in achieving the proposed end results in compliance with the requirements of the Government's statement of work. Additionally, the Offeror must be capable of providing details on how they will ensure compliance with mandated Section 508 requirements. The Offeror is hereby advised that the Government, unless otherwise specified, i.e., by law will acquire the right to use, duplicate, or disclose in any manner and for any purpose whatsoever, and have or permit others to do so, all subject data required to be delivered under any contract resulting from this solicitation. Any reservations to those stated Government rights to data should be enunciated in your proposal and will be resolved during any subsequent negotiations. L.2.1.2 Qualifications of Proposed Personnel The Offeror's proposal should include a list of names and proposed duties of professional personnel, consultants, and key subcontractor employees assigned to the project. These individuals must have relevant experience in the delivery of military pay and personnel systems and services. L.2.1.3 Management Plan The Offeror's proposal should include a management plan on how the project is to be organized, staffed and managed. The plan should include the percentage of time each individual will be available to the project, allocate staff hours against each task or subtask and include a discussion of day-to-day management operations. It must explain how the management and coordination of consultant and/or subcontractor efforts will be accomplished. L.2.1.4 Organizational Experience The Offeror should include the general background, experience, and qualifications of the organization in its proposal, as it relates to the delivery of military pay and personnel systems and services. Information on similar or related contracts, subcontracts, or grants should be included in the proposal. The proposal should contain the name of the customer, contract or grant number, dollar amount, time of performance, and the names and telephone numbers of the Project Officer and Contracting/Grants Officer for each reference given. L.3 VOLUME II - BUSINESS PROPOSAL The Business Proposal shall consist of the following information: L.3.1 Cover Letter The cover letter must stipulate that the Offeror's proposal is predicated upon the terms and conditions of this solicitation. In addition, it must contain a statement to the effect that the offer is firm for a period of at least 60 days from the date of receipt by the Government. L.3.2 Section B - Services and Pricing The Offeror shall include 1 completed copy of Section B of the solicitation in its proposal. L.3.3 Pricing Information All cost or pricing information must be submitted in sufficient detail to allow for a complete price analysis by the Government. The price proposal shall contain information that will validate that the proposed prices are consistent with the technical proposal and provide the supporting rationale needed to permit a determination of price realism. At a minimum, the Offeror should itemize the costs for each service provided. This breakdown of prices must be shown for each year of the contract. This format should be used for each year of contract performance and to summarize pricing for the entire contract period. Proposed rates shall be supported by the submission of the Contractor's dated price list. The Offeror's proposal should indicate whether escalated rates are used. If escalation is included, state the percent and methodology, e.g. annual flat rate applied to a base rate as of a specific date or a midpoint rate for the period of performance. Additional documentation such as vendor quotes, published catalog pricing/price lists, receipts, invoices and historical data shall be submitted to support of pricing proposed. L.3.4 Disclosure of Lobbying Activities If the Offeror has activity to report, it shall complete Standard Form - LLL "Disclosure of Lobbying Activities", which is available online, and shall include one originally signed copy with the original business proposal. L.3.5 Representations and Certifications A completely executed copy of Section K - Representations, Certifications and Other Statements of Offerors, must be included as a part of your business proposal. L.4 Additional Information The following statements are also included in this solicitation: a. The Offeror must identify all Government-owned property in your possession and all property acquired with Federal funds, to which you have title, that is proposed to be used in the performance of the prospective contract. b. The management and control of Government property must be in accordance with HHS Publication (0S) 686 entitled, "Contractor's Guide for Control of Government Property (2007)," a copy of which can be obtained from the Contracting Officer upon request. L.5 FAR 52.216-1 TYPE OF CONTRACT (APR 1984) The Government contemplates award of a Firm-Fixed Price contract resulting from this solicitation. L.6 FAR 52.233-2 SERVICE OF PROTEST (SEP 2006) (a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the General Accounting Office (GAO) shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from the Department of Health and Human Services, Program Support Center, Division of Acquisitions Management, SAS, Parklawn Building, Room 5-101, 5600 Fishers Lane, Rockville, Maryland 20857. (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. L.7 FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) This solicitation incorporates one or more solicitation provisions 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. The Offeror is cautioned that the listed provisions may include blocks that must be completed by the Offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the Offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a clause may be accessed electronically at these addresses: http://www.acqnet.gov/far/. SECTION M EVALUATION FACTORS FOR AWARD M.l 52.212-2 Evaluation-Commercial Items. (JAN 1999) (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: See M.3 Technical Evaluation. (b) 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). (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) GENERAL INFORMATION To be acceptable and eligible for evaluation, the Offeror's proposal must (1) be prepared in accordance with and comply with the instructions given in this solicitation and (2) address all of the requirements set forth in Section C. A proposal which fails to address all of the requirements of Section C, inadvertently omits a particular requirement of Section C, or which merely offers to conduct a program in accordance with the requirements of the Government's scope of work may not be subjected to further consideration/evaluation and will not be eligible for an award. M.2 AWARD An award will be made only in the event that the Offeror's proposal is found technically acceptable, and the Offeror is determined responsive and responsible in accordance with the terms and conditions of this solicitation. All proposed pricing must be determined fair, and reasonable, and the best value to the Government, price and other non-cost/price factors considered. The Government may elect to award to other than the lowest priced Offeror, or other than the highest technically rated Offeror. As competing proposals become more equal in terms of technical merit, cost becomes a more important factor in the overall cost/technical tradeoff analysis. Award may be made without discussions; therefore, the Offeror's initial proposal should contain the Offeror's best terms from a price and technical standpoint. The Government reserves the right to negotiate with only the highest ranked proposals. M.3 TECHNICAL EVALUATION The technical proposal will not be point scored. The following criteria will be used to technically evaluate the proposal submitted in response to this solicitation and must be consistent with the requirements of the Statement of Work under Section C and the technical proposal submission requirements in L2. The merits of the proposal will be judged solely on the written material provided by the Offeror: • Demonstrated Technical Approach and Capability • Organizational Experience and Qualifications of Key Personnel M.3.1 TECHNICAL CAPABILITY The technical approach is succinct and logical in format and shall demonstrate a methodology consistent with the task to be accomplished, and in accordance with the requirements under L2. It shall include the following: a. Understanding of the scope of work and requirements of DHHS' mission. b. Feasibility, practicability, and appropriateness of proposed methods for accomplishing the tasks and deliverables identified. c. The Contractor's technical approach regarding operational capabilities and expertise to support the management, customer service, ordering, and delivery of ordered services (military pay and personnel systems). d. Compliance with Section 508 mandates: The proposed technical approach will be evaluated to determine, (1) the extent to which the Offeror provides evidence of methodological competence and capability to carry out the purposes and requirements of this contract and the requirements of DHHS. The proposal should specifically describe the technical approach, resources and activities necessary to ensure success in achieving each task required in the Statement of Work. The description should be clear, concise, and demonstrate practicality and feasibility in its proposed implementation. Milestones and/or phasing charts should illustrate a logical sequence of proposed events, and (2) feasibility, practicability, and appropriateness of proposed methods for accomplishing the tasks and deliverables identified. M.3.2 ORGANIZATIONAL EXPERIENCE AND QUALIFICATIONS OF KEY PERSONNEL The proposal's demonstration of organizational experience and personnel qualifications that addresses the following: a. Examples of at least three projects of similar purpose and scale to the Statement of Work, as it relates to military pay and personnel systems, with Health and Human Services agencies\sub agencies. b. Description of technical infrastructure, project management capabilities, systems development, and network maintenance experience of the Offeror's organization c. Technical qualifications, professional experience and training of the key personnel to be assigned major responsibilities. The description of organizational experience is to include software and web based development capabilities, technical assistance/support, and project management, as it relates to military pay and personnel systems. M.3.3 PRICE EVALUATION: Price will be evaluated for price realism and reasonableness, as well as total evaluated price. The price analysis must take into account that there is historical pricing data available; however, the discounted price may be unrealistic if the base rate (the salary the employee receives) is insufficient to retain quality personnel and keep turnover to a reasonable level. The Government will conduct its price analysis using a best value approach, as specified in FAR 15.101. M. 4 PAST PERFORMANCE The Past Performance Factor evaluation will assess the relevance and breadth of the Offeror's experience and the quality of the Offeror's past performance. The Government is seeking to determine whether the Offeror has experience that will enhance its technical capability to perform and whether the Offeror consistently delivers quality services in a timely and cost effective manner. In evaluating past performance, HHS will only take into consideration the relevant experience and past performance assessments from the Offeror's customers. However, the HHS reserves the right to use other relevant past performance information it obtains through other sources including other agency databases and information contained in trade literature. Relevance of Experience: The Offeror's experience will be evaluated on the degree of relevance to the requirements of the RFQ (delivery of military pay and personnel services) on the basis of similarity in size, scope, complexity, technical difficulty, contract type, and period of performance. Only recent experience will be evaluated. Evaluations may include interviews with previous clients of the prime contractor and subcontractors and may include interviews with previous clients of proposed personnel. The Offeror's experience with and knowledge of issues and problems of large organizations will be evaluated. Past Performance Assessments: The Offeror's past performance will be evaluated on the basis of information contained in the Offeror's proposal and the information that the Government obtains through other means. The past performance evaluation will assess the Offeror's record of providing high quality services of a similar nature in a manner that ensures maximum accuracy, throughput, cost effectiveness and overall client satisfaction. If some of the Offeror's experience is relevant and the rest is not, only the relevant experience will be evaluated for purposes of past performance. If no experience is relevant or the experience that is relevant cannot be evaluated due to a reference's failure to respond, a rating of neutral will be assigned for past performance as defined below. The Government will evaluate the Past Performance Factor using the following adjectival ratings. Rating Symbol Definition Neutral N No past performance available for evaluation. Offeror has asserted that it has no directly related or similar relevant past performance experience. Proposal receives no merit or demerit for this factor. Outstanding O Based on the Offeror's record of past performance, no issues, concerns, or risks are associated with receiving timely services and contract performance. Past performance surveys and the Offeror's experiences indicate that the Offeror is capable of exceeding the requirements of the delivery order. The Contractor has demonstrated significant experience with and knowledge of the issues and problems of large organizations. Good G The Offeror's record of past performance indicates there is very little risk associated with receiving quality products, timely services and full contract performance. Past performance surveys and the Offeror's experience indicate the Offeror will meet or exceed the requirements of the delivery order. The Contractor has demonstrated experience with and knowledge of the issues and problems of large organizations. Acceptable A The Offer's record of past performance indicates that there is some potential risk associated with receiving quality products, timely services, and contract performance. Past performance surveys and the Offeror's experience indicate the Offeror may have some problems during performance of the delivery order. The Contractor has demonstrated limited experience with and knowledge of the issues and problems of large organizations. Unsatisfactory U The Offeror's record of past performance indicates it will be unable to perform successfully on the delivery order. M.5 RESPONSIBILITY To be eligible for an award, the Offeror must be determined responsible in accordance with the standards in FAR Part 9.104. M.6 FAR 52.217-5 EVALUATION OF OPTIONS (July 1990) Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s). (End of provision)
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