1. THIS CONTRACT IS A RATED ORDER RATING PAGE OF PAGES SOLICITATION, OFFER AND AWARD UNDER DPAS (15 CFR 700) 1 72 2. CONTRACT NO. 3. SOLICITATION NO. 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE NO. [ ] SEALED BID (IFB) N00189-11-R-Z051 19 Sep 2011 [ X ] NEGOTIATED (RFP) 7. ISSUED BY CODE N00189 8. ADDRESS OFFER TO (If other than Item 7) CODE NAVSUP FLC NORFOLK CONTRACTING PHILADELPHIA OFFICE 700 ROBBINS AVENUE, BLDG 2B PHILADELPHIA PA 19111-5083 TEL: See Item 7 TEL: FAX: FAX: NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder". SOLICITATION 9. Sealed offers in original and 3 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in until 04:00 PM local time 19 Oct 2011 (Hour) (Date) CAUT ION - LAT E Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation. 10. FOR INFORMATION A. NAME B. TELEPHONE (Include area code) (NO COLLECT CALLS) C. E-MAIL ADDRESS CALL: MARY MEZZATESTA 215-697-9691 mary .mezzatesta@navy .mil 11. T ABLE OF CONT ENT S (X) SEC. DESCRIPT ION PAGE(S) (X) SEC. DESCRIPT ION PAGE(S) PART I - THE SCHEDULE PART II - CO NTRACT CLAUSES X A SOLICIT AT ION/ CONT RACT FORM 1 X I CONT RACT CLAUSES 48 - 70 X B SUPPLIES OR SERVICES AND PRICES/ COST S 2-5 PART III - LIST O F DO CUMENTS, EXHIBITS AND O THER ATTACHMENTS X C DESCRIPT ION/ SPECS./ WORK ST AT EMENT 6 - 31 X J LIST OF AT T ACHMENT S 50 X D PACKAGING AND MARKING 32 PART IV - REPRESENTATIO NS AND INSTRUCTIO NS X E INSPECT ION AND ACCEPT ANCE 33 REPRESENT AT IONS, CERT IFICAT IONS AND X K 51 X F DELIVERIES OR PERFORMANCE 34 - 39 OT HER ST AT EMENT S OF OFFERORS X G CONT RACT ADMINIST RAT ION DAT A 40 - 44 X L INST RS., CONDS., AND NOT ICES T O OFFERORS 63 X H SPECIAL CONT RACT REQUIREMENT S 45 - 47 X M EVALUAT ION FACT ORS FOR AWARD 69 OFFER (Must be fully completed by offeror) NOT E: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period. 12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule. 13. DISCOUNT FOR PROMPT PAYMENT (See Section I, Clause No. 52.232-8) 14. ACKNOWLEDGMENT OF AMENDMENT S AMENDMENT NO. DAT E AMENDMENT NO. DAT E (T he offeror acknowledges receipt of amendments to the SOLICIT AT ION for offerors and related documents numbered and dated): 15A. NAME CODE FACILIT Y 16. NAME AND T IT LE OF PERSON AUT HORIZED T O AND SIGN OFFER (T ype or print) ADDRESS OF OFFEROR 15B. T ELEPHONE NO (Include area code) 15C. CHECK IF REMITTANCE ADDRESS 17. SIGNAT URE 18. OFFER DAT E IS DIFFERENT FROM ABOVE - ENTER SUCH ADDRESS IN SCHEDULE. AWARD (To be completed by Government) 19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION 22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION: 23. SUBMIT INVOICES T O ADDRESS SHOWN IN IT EM 10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified) 24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE 26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE TEL: EMAIL: (Signature of Contracting Officer) IMPORT ANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice. Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97) Prescribed by GSA FAR (48 CFR) 53.214(c) N00189-11-R-Z051 Page 2 of 70 Section B - Supplies or Services and Prices BASE PERIOD: 01 February 2012 or date of award, whichever is later, through 31 January 2013 ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0001 12 Months $__________________ $__________________ FFP Financial Management Data and Systems Support (FMDSS) Services for the Department of the Navy, Bureau of Medicine and Surgery in accordance with the Performance Work Statement (PWS) requirements specified herein. FOB: Destination NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0002 1 Lot $140,000.00 $140,000.00 COST Travel in support of the required FMDSS services designated via CLIN 0001 FOB: Destination MAX ESTIMATED $140,000.00 NTE COST ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0003 12 Months $________________ $__________________ FFP FASTDATA Web Testing and Deployment Services in support of the Department of the Navy, Bureau of Medicine and Surgery in accordance with the Performance Work Statements specified herein. FOB: Destination NET AMT N00189-11-R-Z051 Page 3 of 70 ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0004 1 Lot $80,000.00 $80,000.00 Travel in support COST the required FASTDATA Web testing and deployment services designated via CLIN 0003. FOB: Destination MAX ESTIMATED $80,000.00 NTE COST ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0005 1 Lot NSP NSP Technical Data in support of CLIN 0001 and CLIN 0003. FOB: Destination NSP – Not Separately Priced OPTION 1 PERIOD: 01 February 2013 through 31 January 2014 ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 1001 12 Months $__________________ $_____________________ OPTION 1 FFP Financial Management Data and Systems Support (FMDSS) Services for the Department of the Navy, Bureau of Medicine and Surgery in accordance with the Performance Work Statement (PWS) requirements specified herein. FOB: Destination NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 1002 1 Lot $140,000.00 $140,000.00 OPTION 1 COST Travel in support of the required FMDSS services designated via CLIN 1001 FOB: Destination MAX ESTIMATED $140,000.00 NTE COST N00189-11-R-Z051 Page 4 of 70 ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 1003 12 Months $_________________ $_____________________ OPTION 1 FFP FASTDATA Web Testing and Deployment Services in support of the Department of the Navy, Bureau of Medicine and Surgery in accordance with the Performance Work Statements specified herein. FOB: Destination NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 1004 1 Lot $137,000.00 $137,000.00 OPTION 1 COST Travel in support the required FASTDATA Web testing and deployment services designated via CLIN 1003. FOB: Destination MAX ESTIMATED $137,000.00 NTE COST ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 1005 1 Lot NSP NSP OPTION 1 Technical Data in support of CLIN 1001 and CLIN 1003. FOB: Destination NSP – Not Separately Priced OPTION 2 PERIOD: 01 February 2014 through 31 January 2015 N00189-11-R-Z051 Page 5 of 70 ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 2001 12 Months $__________________ $____________________ OPTION 2 FFP Financial Management Data and Systems Support (FMDSS) Services for the Department of the Navy, Bureau of Medicine and Surgery in accordance with the Performance Work Statement (PWS) requirements specified herein. FOB: Destination NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 2002 1 Lot $140,000.00 $140,000.00 OPTION 2 COST Travel in support of the required FMDSS services designated via CLIN 2001 FOB: Destination MAX ESTIMATED $140,000.00 NTE COST ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 2003 1 Lot NSP NSP OPTION 2 Technical Data in support of CLIN 2001 and CLIN 2003. FOB: Destination NSP – Not Separately Priced N00189-11-R-Z051 Page 6 of 70 Section C - Descriptions and Specifications PERFORMANCE WORK STATEMENT Bureau of Medicine and Surgery (BUMED) Financial Management Data & Systems Support 1.0 INTRODUCTION 1.1 Organization 1.1.1 Identification U. S. Navy, Bureau of Medicine and Surgery, 2300 E. Street, NW, Washington, DC 20372-5300 1.1.2 Mission - Policy development and oversight of the Navy Healthcare system for all Uniformed Service Members 1.2 Background and Objective. 1.2.1 Background - The Bureau of Medicine and Surgery (BUMED) has developed and implemented a robust and dynamic financial management program in support of the Defense Health Program and the strategic goals and objectives of the Department of Defense, Department of the Navy, and BUMED. The program encompasses virtually all aspects of resource management at over 200 medical and dental facilities worldwide and is heavily dependent upon a complex network of automated systems for management information. In consonance with the Chief Financial Officer (CFO) Act, Federal Managers’ Financial Integrity Act (FMFIA), and Government Performance Results Act (GPRA), the Comptroller of BUMED seeks to improve the quality of BUMED financial management services by improving the quality of the data supporting financial management, expanding the integration of the automated information systems containing financial data; and providing support to the users and operators of automated information systems used to manage financial operations with the BUMED. Post implementation support is required for FASTDATA; development and implementation support is required for the M84 Portal, Tri-Annual Review, On Line Financial Guidance (OFG), CITRIX Configuration Support, Oracle Database Support, Maintenance of System Administration Training Materials, and Software Maintenance; and systems integration support for financial data contained in STARS/FL, STARS ONEPAY, STARS HQ, DMHRSi, DMLSS, MEPRS/EAS, TFMS, BAERS, SPS, FASTDATA, CITIDIRECT, SMART, DTS, STORES, TPOCS, SLDCADA, DCPS, CHCS/AHLTA, DDRS-B, DDRS-AFS, DCAS, and DAASC. (See Appendix B for Acronym definitions). 1.2.2 Objective - This task statement identifies a support requirement to provide data integration and automated information system support. BUMED requires support in: Item: 0001, 1001 and 2001: Financial Management Data & Systems Support: A. Financial Data Management. B. Automated Systems Operations and Maintenance. C. Data Quality: Cost Accounting. D. FASTDATA Project Management. E. Logistical Financial Analysis. F. Metrics Reporting: Establishing Goals, Collecting, and Monitoring. G. Onsite Visits. Item 0003, 1003, and 2003 (Optional Services CLIN): FASTDATA WEB Version A. Testing N00189-11-R-Z051 Page 7 of 70 B. Deployment C. Travel 1.3 Environment. 1.3.1 Hardware - The Government will provide 36 servers to the resultant contractor for performance of the required services (servers are currently Dell Power Edge 2950 with Windows 2003 and Oracle 10G database). See Appendix A for server listing and locations. Databases are comprised of but not limited to: Online Financial Guidance Databases inc. Tri-annual Review, Training Matrix, Spotlight Matrix and test copies of FASTDATA. Additionally, the Government will provide the Contractor with a Pentium class computer configured with the standard BUMED operating systems, electronic mail, and a standard integrated software suite for use during the contract period, while working at government site only. The Overarching Joint CTO only requires a Pentium class computer configured with BUMED operating systems, etc, when the contractor is working at a government site (not during site visits); however, the Navy CTO requires this whenever connecting to NIPRNET, the contractor is required to comply with the Joint and Navy CTO current rules, Regulations should be referenced via https://esportal.med.navy.mil and in conjunction with the BUMED ITACS department. The NIPRNET, is an Unclassified but Sensitive Internet Protocol Router Network owned by the Department of Defense (DOD). The NIPRNET is used to exchange unclassified but sensitive information between "internal" users. The contractor would be required to connect to the NIPRNET in order to access .mil websites or the BUMED email and common drives. 1.3.2 Software - The government will provide the contractor with access to the following systems. This access will be at both government sites and contractor sites. Access at the contractor site will be provided via NIPRNET (PKI certificate required). Not all contractor personnel require access to the listed systems nor do all personnel require access to all systems. Additional access privileges may be required depending upon task; Government to designate access level through course of contract. Access will require obtainment of a Common Access Card (CAC). Listing of systems include the following: SMART System User accounts (user privileges) FASTDATA System accounts (admin privileges) STARS-FL System accounts DMHRSi (user privileges) MEPRS/EAS (user privileges) CISCO SYSTEMSVPN CLIENT (configured for access to the BUMED Network) 1.3.3 Applicable Documents and Systems - The Government will provide the contractor with the following documents as information that is critical to the performance of this work. Documents will be provided by the Government at time of award. System and Users Guides for the following systems: STARS/FL, CHCS/AHLTA, DMHRSi, DMLSS, TFMS, BAERS, SPS, FASTDATA, CITIDIRECT, SMART, DTS, STORES, TPOCS, SLDCADA, DCPS, CHCS, DDRS, DCAS, and DAASC. Data Element tables for the above systems Medical Expense and Performance Reporting System (MEPRS) Handbook Uniform Business Office Guide Current BUMED Financial Guidance 2.0 TECHNICAL REQUIREMENTS 2.1 Financial Management Data and Systems Support. A. Financial Data Management. The Contractor shall: N00189-11-R-Z051 Page 8 of 70 (1) Implement headquarters resource management plans for BUMED AOR, such as organizational structures, systems and/ or processes in the areas of fund management, OPTAR management, standard job order number systems, cost accounting, and personnel and manpower data capture and reporting. (see (4) for specific deliverable). (2) Provide project management coordination and monitoring of financial management related systems at BUMED activities. Specifically within this requirement is planning and coordination responsibility for systems implemented by the Defense Finance and Accounting Service (DFAS) at BUMED activities and the data interfaces between DFAS and BUMED systems. The task includes collaboration with DFAS on various tasking and on an ad hoc basis, documenting new system requirements and providing feedback on current processes and legacy systems, and the impact of implementing new systems and financial business processes. (3) Develop graphical data models, data diagrams as well as perform fit-gap analyses 15 calendar days following notification of a system/policy change by the BUMED client representative code M8 and include an analysis of data collection activities from both functional and technical perspectives and the impact to various systems that support financial data reporting requirements. (4) Conduct analysis of the current data flow processes for all resource systems and recommend appropriate interim (1-2 years) and target (3-5 years) financial resource systems integration. This is an ongoing task; an annual detailed schedule and analysis is to be provided by the first quarter of each Fiscal Year and again at Mid Fiscal Year. Coordinate goals and objectives with BUMED Management including all related Roll over schedules and ramifications. Provide data flow diagrams, system integration schematics, database field correlation and timing constructs for resource systems integration. (See related reporting requirements in Para 2.2 Deliverables). (5) Research and identify corrective actions to integrate and apply consistent business rules and standard definitions for entire BUMED AOR and DoD MHS enterprise wide systems, which include confirmation that systems/programs interfaces reflect the associated corrective action changes. The Contractor shall develop tests to ensure compliance and monitor on an ongoing basis. (6) Review and update Defense Medical Information System (DMIS) Vector file, UIC BSO 18 table, on a monthly basis. Ensure DMIS ID Re-alignments are coordinated within 72-hours of notification. Additionally, ensure that all centralized system tables, such as but not limited to those used for MEPRS/EAS, WAM, SPMS, DMHRSi, are correct as reconciled against the source system and implemented at sites, within 7 business days of notification. (7) Manage the Cost Accounting Dictionary (CAD) including but not limited to: ensuring BAG/MEPRS alignment, Base alignments and training LOA’s, along with special accounting structures necessary for Overseas Contingency Operations (OCO) on an ongoing basis. (8) Ongoing Table Update Requirements include: - Test Online Financial Guidance with updates for current FY and provide findings. - Cost Accounting Dictionary (CAD) and STARS-FL Master Tables. - MLOA tables in STARS-FL. For instance, CUIC job order numbers (those fallen out of JON Summary Report) and MEPR indicators. - Navy UIC Table: For instance, identify JUIC job order numbers falling out of JON Summary Report, initiate purpose code updates as necessary for Org/UIC realignments. - Add BJON’s and Cost Accounting Combinations to CAD and update Fastdata and all related tables in STARS-FL. - Master SAG table in STARS-FL for cost accounting combinations for all BUMED AOR UIC’s. - FORG Map. N00189-11-R-Z051 Page 9 of 70 - Master CAC table with cost accounting combinations that fail to pass edit checks. (9) Research and provide BJON’s, Data Elements, and Cost Accounting Combinations to entire BUMED AOR as inquires develop and on an ad hoc basis; including all related Functions, Appropriations, Reimbursables, and Special Programs. Recommending SCR’s for any needed system improvements. (10) Identify manual processes and conduct evaluations for possible development into an automated system environment. Encouraging a paperless and efficient resource management environment. (11) Develop training materials for off-site class presentations (PowerPoint format, etc.), onsite presentations, and provide training of personnel for BUMED AOR and DoD MHS enterprise wide systems as well as provide draft letters, memorandums, e-mails, manual updates and responses on various issues and/or trouble tickets brought forward by BUMED management and/or MTFs. Conducted at the scheduled site visits and on an ad hoc basis. The training audience will consist of the navy Medicine resource management community. (12) Attend and participate in ongoing and Ad hoc BUMED/NAVY/OASD/HA/TMA meetings, scheduled on daily, monthly, quarterly and yearly basis and communicate relevant action items and major decisions made throughout the meeting to BUMED Management via email. The Navy anticipates that most meetings will allow teleconference dial in; however, some meetings may require on-site attendance. (13) Resource Management Desk guide (RMDG): The Contractor shall develop proposed updates to the RMDG, coordinate its review with the appropriate BUMED personnel and make the required editing changes within two business weeks of receiving feedback from BUMED. The Contractor shall post the publication on the BUMED website. Semi-annual updates are required and must take into account FASTDATA guidance, Financial Management regulations and Manpower Personnel which are in addition to the contract proposed updates. (14) Ensure compliance with relevant finance initiatives such as but not limited to the CFO Act and the Government Performance and Results Act. (15) Systems Integrations: Review, coordinate and validate data analysis for various initiatives related to base re-alignments and there affect on resource management systems such as but not limited to STARS, DCPS, DCPDS, SLDCADA, Citibank, DTS, FASTDATA, and DMLSSS proving expertise and point papers. (16) Update the FY Annual Roll Plan on an ongoing basis to adjust for site visit slippage and the time required for known OFG updates required for year-end processing. FY Annual Roll Plan is required quarterly (as referenced in Deliverable Schedule – para 2.2). B. Automated System Operations and Maintenance (Inc. Fastdata, BUMED M8 Portal, and Online Financial Guidance). The Contractor shall: (1) Monitor entire BUMED AOR to ensure connectivity to each FASTDATA server 24/7 (location and number of servers listed per server list in Appendix A) that includes System Backup, Database Usage and Configuration, Software Configuration, FTP Configuration, Disk Storage, OS/IIS upgrades and workstation connection type. Servers being used are Dell Power Edge. Required on an ongoing basis. BUMED will measure the contractor performance on whether or not FASTDATA connectivity is up and running 24/7 and if FASTDADA reconciles to source systems: STARS-FL, SPS, and DMLSS. (2) Monitor entire BUMED AOR to ensure access and connectivity for the obtainment of the following critical information: System Utilization, Action Items, and External System Interface N00189-11-R-Z051 Page 10 of 70 (DMLSS, DAASC and ECAT) FTP Activity/Usage, Suspended Transactions, Automated Processes Reports, Oracle environment and system patches. (3) Work with local System Administrators at the activity’s IT department to resolve any problems or questions concerning the FASTDATA system hardware and the operation of current Microsoft Windows application within 24hrs of inquiry. Provide a central point of contact for FASTDATA System Administrators to contact in the event of server configuration problems or hardware failure. The Contractor shall be available by phone, email and from 0700-1800 Monday through Friday each week and reply to the customer within 24 business hours of initial help request. (4) The Contractor shall continuously maintain and update System Administration Training Materials at a minimum annual basis to include: Data Management procedures, System administrator procedures, and Operator procedures System Security. Relevant updates are to be communicated to BUMED end users via email based on user access POC listing which is to be maintained by the Contractor. (5) Provide technical support for the operation of the FASTDATA Citrix environment (As per FASTDATA server listing referenced in Appendix A.). FASTDATA Citrix environment is currently supporting all FASTDATA throughout BUMED AOR. This support shall include: maintaining server security and the Citrix OS, managing user accounts and permissions, managing FASTDATA software baseline, performing system backup and handling remote connection. In addition, the Contractor shall maintain and manage the FASTDATA servers for each Citrix site listed in Appendix A. (6) Provide technical support for the operation of Oracle on the FASTDATA server. Oracle is paid for by Navy although contractor shall ensure licenses are renewed; install any upgrades (Oracle security and FASTDATA application patches) to the FASTDATA server and its application tools on an ongoing basis. (7) Liaise with FASTDATA System Administrators to manage user access and maintain system security and optimize the performance of the FASTDATA database. Plan and expand database storage for high usage sites as needed based on anticipated site re-alignments. (8) Maintain FASTDATA software configuration baseline to include server and client installations. Contractor support shall include ensuring the maintenance/upgrades and distribution of the upgrades to the FASTDATA System Administrators. (9) Contractor shall perform Software Testing and Software Verification & Validation prior to any implementations on FASTDATA Client version. Contractor shall liaise with the FASTDATA Joint Review Board for any changes regarding FASTDATA web version. (10) As the Government provides new servers for use under this contract, the contractor shall be responsible to configure and install the new equipment at various sites. This includes servers transferred from sites being closed or replacements for existing servers that become inoperable. (11) BUMED M8 Portal: perform as a web-master for all the contents and software upgrade. In addition, the Contractor shall host and provide system security for the website according to Joint and Navy CTO Rules and in conjunction with the BUMED ITACS department. ( See Para 4.6- Privacy and Security) (12) The contractor shall upgrade (on a weekly and quarterly basis) based on communication with relevant SME’s and maintain the On Line Financial Guidance application within the BUMED M84 portal and it’s supporting database. (13) Update business rules and as specified by BUMED Code M84 to allow approved users to add, retire or modify CAD, Unit Identifier, and master tables on an ongoing basis. (14) Load and maintain all information that supports BUMED Financial Guidance and Tri-annual Review on an ongoing basis. N00189-11-R-Z051 Page 11 of 70 C. Data Quality: Cost Accounting. The Contractor shall: (1) Provide subject matter system expertise (functional and technical) on MEPRS/EAS, CHCS/AHLTA, and DMHRSi to work closely with senior level management on MEPRS/ Core financial file, CHCS/AHLTA, and DMHRSi performance metrics and all related data elements. The contractor shall act as an SME on the systems and metrics from a technical and functional perspective meeting tasks deadlines. Tasks include: Table updates, data analysis, research, as needed. Meetings occur weekly, monthly, and quarterly. (2) Access MHS Standard Systems Databases (EAS IV Repository, M2, DMRHSi) to provide analysis support for various projects. Many projects/tasks are required on a weekly or monthly basis; some are not planned and may require adjusting priorities and other tasks. An example of historical data is comparison of inpatient and outpatient cost per workload factor for the past 10 years. (3) Maintain a working knowledge of the current data flows, from source system to data storage system. Contractor shall conduct necessary research, develop descriptive flow charts and continuously update, providing on a quarterly basis. If the charts submitted are not current the BUMED Program Manager will advise the contractor of required changes. (4) Conduct data pulls from multiple databases to derive data quality anomalies to the patient level. Data could be either raw data, or an analysis/report package. Frequency will be defined by the Government as tasks arise. Examples or historical data include: comparison of Standard Ambulatory Data Record (SADR) and Standard Inpatient Data Record (SIDR), Encounters by Provider ID to Provider DMHRSi Timecard. Finished product examples can be found at MEPRSINFO.COM (5) Work independently to ensure DQ/MEPRS Program annual goals, objectives defined in the annual BUMED DQMC Reporting and Processing Requirements are monitored on a monthly basis ensuring to highlight abnormalities. If the annual goal is not met the contractor is required to monitor the goal and advise of the related issues. (6) Provide in-depth analysis on assigned projects, to include trends over 5 years and account for changes in reporting policies and procedures. Projects include DQ and Cost Accounting Projects. An example will be provided to the contractor upon award. (7) Review and develop packages and briefings for use by both government and contractual staff such as lectures support via power point and process checklists to support MEPRS data transmission, DQMC reporting and Labor reporting via DMHRSi. Training and briefings shall be developed based on the subject, for example for MEPRS Processing/Transmission the Contractor shall use source documents such as system user guides, data quality manual, and anomalies noted in reporting. The briefings and packages shall be made available for presentation by both the Government and Contractor. The government must approve the packages presented by the contractor. An example will be provided to the contractor upon award. (8) Maintain a comprehensive reference file for policies, procedures, meeting minutes, pertaining to the DQMC and MEPRS program to be filed electronically within the BUMED DQ SharePoint drive. (9) Provide administrative support for meetings and projects; the contractor shall be part of the BUMED DQ/MEPRS Team and provide administrative support for formal meetings hosted by BUMED DQ/MEPRS Program Manager or other formal meetings such as the TMA DQMC Working Group meeting. For example, agenda, handouts, minutes or decision points/ action items and invitations. N00189-11-R-Z051 Page 12 of 70 (10) Provide backup support for Government MEPRS/DQMC program manager as needed. Government will provide advance notification of need. As an example, schedule conflicts that require the contractor to provide back-up as needed. The Government will provide 24 hour notice. (11) Support DQ/MEPRS Program Manager in reviewing various notifications, policy updates (Quest Workshop Guidance (determined to remove); FY 11 FCC code table and MEPRS codes guidance; MEPRS Work Center Establishment Update; Contractor Reporting Requirements;), and other correspondence. (12) Facilitate DQMC Sub Working Group meetings for identification and resolution of DQMC related issues. This task shall be performed by Contractor as needed, but not more than weekly. (13) Update and finalize the Systems Processing Schedule and DMHRSi Authorization Reports Schedule for submission to the M8 Portal. This task shall be performed by the Contractor as needed, but not more than monthly. (14) Most work can be accomplished remotely; however some on site time is required depending on the task. On site time should not extend over 2-days within a work week. On site time will be determined based on tasks requirements and contractor will be notified 24 hours in advance of the availability of the Government spaces. Contractors requiring remote access to the network will be furnished with GFE and will be required to go through a formal check-in process with BUMED IT department prior to obtaining access to the GFE. D. Fastdata Project Management: The Contractor shall: (1) Coordinate the FASTDATA functional requirements with DOD/HA to ensure inclusion of Navy requirements and prevent duplication of effort. Participate in FASTDATA Weekly Joint Review Board teleconference and obtain and sustain ATO for current client version (BUMED’s current FASTDATA version) and ATO for FASTDATA web version (BUMED version to be implemented during Fiscal Year 2012 and 2013). Liaise with the FASTDATA design contractors and multiple Navy commands to share problems and communicate Navy Medicine needs within FASTDATA, including but not limited to BUPERS, Reserves, and DON/AA. (2) Participate in ad hoc meetings and FASTDATA testing occurrences in Pensacola, Florida approximately twice annually. (3) Act as lead for the implementation of the new FASTDATA web version system to entire BUMED AOR (see CLINs 0003, 1003, and 2003). (4) Provide functional support for the FASTDATA application and resource management standard operating procedures. When requested, participate in the development of and subsequent updates to Standard Operating Procedures when a systems perspective is required. (5) Participate in ad hoc periodic accounting meetings with BUMED staff and regional personnel to review and discuss critical issues related to FASTDATA. E. Logistical Financial Analysis. The Contractor shall: (1) Act as a liason between the Logistics and Accounting Communities. Provide subject matter expertise for all systems that affect logistical accounting to include: STARS, FASTDATA, DMLSS, and Citibank. Provide advice regarding DLA and NAVMEDLOGCOM's role in supply along with MILSTRIP transactions. (2) Build related system interface/overview charts. Research previously documented As-Is processes by FIP/ FIAR team and update to reflect BUMED’s current logistical process. Provide subject matter expertise regarding logistical transactions affect on the various USSGL accounts and accounting transaction codes. These tasks shall be performed by the Contractor on a quarterly N00189-11-R-Z051 Page 13 of 70 basis. The Government will measure the contractor’s completion of this task by monitoring the reconciliation reports provided by the Contractor between logistical and financial systems, and developing and monitoring reports to validate depreciation, logistical transactions and their affect on the financial statements. Formatting designed by Contractor and approved by BUMED Management. (3) Research availability of reporting of logistical undelivered orders, devise a report to track and monitor the decrease of undelivered orders based on DMLSS aged due in report, and other undelivered reporting tools. Research current systems of undelivered orders reporting and validate if duplication is possible and whether an ATO is necessary. F. Metrics Reporting. The Contractor shall: (1) Extract data and reports quarterly for Resource Management personnel in establishing goals, collecting, reporting and monitoring following metrics based on various resource systems. (2) Coordinate with senior level management staff on the establishment, development, execution and monitoring of performance metrics (developed by BUMED and contractor together as situations develop requiring additional monitoring if a field activity or as new policy changes occur) developed to monitor trends and accomplishments. (3) Metrics to include but not limited to: - Aging Unmatched Disbursements and Trends - Aging Unmatched Labor and Trends - Over obligated reimbursable segments - Aging RSC 6 or TPC uncollected/unbilled(aging means more than 30 days) - Aging RSC E or IAB uncollected/unbilled(aging means more than 30 days) - PPA interest paid with root causes - Aging Travel Advances - Aging unprocessed FASTDATA files to STARS FL (aging means more than 2 days) - FASTDATA DMLSS Project center/Expense Center differences. - Aging Purchases Card invoices past 30 days - GOVCC Split Disbursement percentages - Fuel Transaction errors - Food Transaction errors - Invalid DTS job orders (not in FD) - Undistributed Labor errors (Invalid Distribution Codes; invalid job orders. - ADL quantity and value by FY, aged Undelivered Orders-quantity and amount by FY - aged and trend - Undelivered Orders with no Ob/Exp-Aged > 60 days - Trading Partner errors-trend - Country Code errors-trend - Reconciliation balance between STARS, DMLSS, and FASTDATA trends. - JON synchronization (STARS/FD) errors trends. - JON/CAD mismatch errors trend - EE4 SAG M8 transaction errors trend. EE4 SAG M8 transaction Errors uncorrected current balance - Contract Close-outs age and trend - Purchase Card Year-End Bulk Balance-aged and trend - Year End Contingent Liability balances-aged and trend N00189-11-R-Z051 Page 14 of 70 - NC 2275 Close-out- aged and trend - TEXV errors due to insufficient Obligation-trends G. Onsite Visits. The Contractor shall: (1) Attend site assistance visits planned each year to provide on-site financial and resource management expertise to the BUMED Expense Operating Budget activities for financial realignments, new programs. Per the listing of locations in Appendix A, the goal for site assistance visits each year is one per year per activity with one trip covering several collocated activities. The Navy Medicine Regional locations require two (2) visits per year visits (Navy Medicine East Region, Portsmouth, VA; Navy Medicine West Region, San Diego, CA; and Navy Medicine Support Command, Jacksonville, FL. Overall, BUMED anticipates 38 visits annually. (2) Ensure On-site efforts include: validation of compliance with established BUMED standard operating procedures and financial guidance (which will be provided to the Contractor upon award); validation of proper use of FASTDATA software; assistance in developing internal procedures for optimum resource management effectiveness; focused training of personnel in use of FASTDATA software; and focused training in the use of Business Objects InfoView for FASTDATA. (3) Train resource management personnel. Tasks/ Training and subsequent Site Report shall include: - Executive Summary - Standard Process Review - FASTDATA System Configuration: security and settings. - General Funding Document Process: Funds management, Document management, Travel Process, Job Order Number Dictionary. - FASTDATA: Daily, Weekly, Monthly, Quarterly processes. - Reconciling FASTDATA and STARS-FL - Reconciling FASTDATA and DMLSS and STARS-FL - Purchase Card Program - Business Improvement Review - BUMED M8 Web Portal - Comptroller’s Spotlight Metrics - Focused Assistance - Additional Reviews - Outstanding Issues (4) Provide a trip report to document all findings and provide recommendations for resolution within 10 calendar days after site visit completed. 2.2. FASTDATA WEB VERSION TESTING and DEPLOYMENT (FY12:FY13). Applicable to CLINs 0003, 1003, and 2003 only. 2.2.1. All BUMED commands are currently utilizing the legacy version of FASTDATA. The BUMED Budget Submitting Office (BSO) is scheduled to migrate to FASTDATA Web release commencing in Fiscal Year 2013. The BSO must develop a comprehensive training package consisting of web collaboration training, site visits and on-line interactive training utilizing current real time information to achieve a successful migration to the web. Concurrent with the migration, the BSO must provide sustainment support to the users remaining on the current version 3.1. BUMED will require an outside source with Oracle and FASTDATA expertise to support this project. The BUMED BSO has successfully standardized FASTDATA business processes across the enterprise and now needs to work to ensure the web release and command is ready for the transition to the Navy’s FASTDATA web application. N00189-11-R-Z051 Page 15 of 70 A. Testing. (Base Period – Fiscal Year 2012 -01 February 2012 to 30 September 2012). The Contractor shall: (1) Work extensively with the FASTDATA web design contractor to ensure BUMED SCR’s are successfully implemented into the FASTDATA web version. (2) Provide expertise to the Design contractor regarding FASTDATA legacy version, STARS, and FASTDATA interfaces such as DMLSS, DTS, and SPS. (3) Establish a BUMED pilot site and conduct all necessary tests to ensure full functionality, ensuring BUMED specific SCR’s are successfully implemented. B. Deployment. Commencing 01 October 2012 and continuing through 30 September 2013 (the Option 1 Period, as exercised), the Contractor shall: (1) Provide the necessary technical and functional expertise to sustain BSO commands on the current FASTDATA version 3.1 and train activity personnel for conversion to the new FASTDATA Web application. (2) The Contractor shall provide help desk services and furnish functional support to sustain users on the current application during the conversion to the Web application. Help desk support shall include assistance with the FASTDATA Business Processes, access issues, system interfaces and STARS-FL research, on an “as required basis”. (3) Conduct activity specific training on FASTDATA Web release. Activity specific training for release requires the development of a BSO standard training manual that can be delivered in an electronic format to users. The Contractor shall deliver the BSO standard training manual electronically in Microsoft Word, Excel or PDF. The delivery method shall also encompass the use of live interactive training utilizing the already established training database. (4) The training requires site visits to each activity for 3 days and a 2 day assist during the go-live timeframe. Naval Medical Activities will complete a post training survey developed by the contractor to validate training effectiveness. Follow-up training will be accomplished utilizing web collaboration training, site visits, phone conferences or a combination of these methods, as required. The Contractor shall furnish a completed site visit Trip Report to PERS70421 with a copy to the COR in an Excel format NLT 5 business days after completion of the training. The report shall identify the business processes covered in the training, an assessment of the effectiveness of the training and any outstanding issues identified as a result of the training. C. Travel (FY12:FY13): Travel Requirements: . (1) Total Number of Trips, Days per Trip, and FTE’s: TRIPS DAYS PEOPLE RQMTS Test 6 6 3 Integration Test 1 10 2 Acceptance Test 1 10 3 Site Implementation 31 10 2 (2) Site Implementation: Command, O/CONUS, Number of Days per Trip, and FTE’s: Days People YORKTOWN (NOSTRA) CONUS 63439 10.0 2 BEAUFORT (NH) CONUS 61337 10.0 2 SAN ANTONIO (NAVMISSA) CONUS 68901 10.0 2 N00189-11-R-Z051 Page 16 of 70 PENSACOLA (NH) CONUS 00203 10.0 1 FT DETRICK (NMLC) CONUS 62645 10.0 2 SAN DIEGO (NMC)/NMW CONUS 00259 10.0 2 PORTSMOUTH (NMC)/NME CONUS 00183 10.0 2 BETHESDA (NMMPT&E) CONUS 0622A 10.0 2 TWENTYNINE PALMS (NH) CONUS 35949 10.0 2 BETHESDA (NNMC)/JTF CONUS 00168 10.0 2 CAMP PENDLETON (NH) CONUS 68094 10.0 2 GUANTANAMO (NH) OCONUS 61564 10.0 2 NORFOLK (NMCPH/NEPMU2) CONUS 68546 10.0 2 ROTA (NH) OCONUS 66101 10.0 2 YOKOSUKA (NH) OCONUS 68292 10.0 2 OKINAWA (NH) OCONUS 68470 10.0 2 JACKSONVILLE (NH)/NMSC CONUS 00232 10.0 2 BUMED HQ CONUS 00018 10.0 2 GUAM (NH) OCONUS 68096 10.0 2 OAK HARBOR (NH) CONUS 66097 10.0 2 CHERRY POINT (NHC) CONUS 66094 10.0 2 LEMOORE (NH) CONUS 66095 10.0 2 PEARL HARBOR (NMCL) OCONUS 68098 10.0 2 CAMP LEJEUNE (NH) CONUS 68093 10.0 2 NEWPORT, RI (NHCNE) CONUS 32185 10.0 2 CORPUS CHRISTI (NHC) CONUS 00285 10.0 2 SIGONELLA (NH) OCONUS 39163 10.0 2 NAPLES (NH) OCONUS 66096 10.0 2 BREMERTON (NH) CONUS 68095 10.0 2 PORTSMOUTH (NMC) CONUS 00183 10.0 2 CHARLESTON (NHC) CONUS 68084 10.0 2 SILVER SPRING NRMC CONUS 32398 10.0 2 2.3 Data Item Deliverables. All deliverables must meet professional standards and meet the requirements set forth in contractual documentation. The contractor shall provide the following deliverables: Paragraph Deliverable Due Date Format Referral N00189-11-R-Z051 Page 17 of 70 Conduct analysis of the current data flow processes and recommend appropriate interim (1-2 years) and target (3-5 years) goals. Ongoing task; detailed schedule and anlaysis is required including FY roll over Financial Resource schedule and applicable guidance. Systems Integration Quarterly throughout Fiscal Established by contractor and approved by Para Report Year. BUMED. 2.1. A Monthly Progress 15th business day of Established by contractor and approved by Para 2.1. Report following month BUMED. A:G FASTDATA System Established by contractor and approved by Para Status Daily via email BUMED. 2.1A:G 15 business days following Sys Admin Training notification of system/policy Established by contractor and approved by Para Matls change BUMED. 2.1A:G 15 business days following notification of system/policy Established by contractor and approved by Para 2.1. Training Matls change BUMED. A:G 4th business day following cutoff to active, 9th business day following cutoff avail to field, 20th business day following cutoff close Established by contractor and approved by Para 2.1. TriAnnual Review availability BUMED. B Schedule established 30-days prior to new FY & Established by contractor and approved by Para 2.1. FASTDATA Site Visits is a living document BUMED. D&G 15 business days following BUMED M84 Portal notification of system/policy Established by contractor and approved by (Content Management) change BUMED. Para 2.1. B Onsite Assistance Trip 10 business days following Established by contractor and approved by Report completion BUMED. Para 2.1. G th Monthly Metrics Trend 15 business day of Established by contractor and approved by Para 2.1. Report following month BUMED. F Monthly Logistical 15th business day of Established by contractor and approved by Para 2.1. Trend Report following month BUMED. E All deliverables shall be submitted to: Mr. Miguel Santos, Code M8 Pgm & Sys Mgmt Branch Comptroller Accounting Div BUMED 2300 E Street, NW Washington, DC 20372-5300 2.3.1 Reports (see above deliverable schedule). 2.3.2 Criteria for Acceptance. All reports must be submitted to the designated recipient by the specified deadline. All deadlines specified in terms of days or days of the month are “business days”, therefore 10 days means 10 business days, and the 15 th of the month is the first business day following if the 15th is a Saturday, Sunday, or holiday. N00189-11-R-Z051 Page 18 of 70 2.4. Expertise. Subject matter expert, Technical and Analytical staff will require knowledge of the DOD/Navy information technology management regulations and structure, knowledge of the financial management systems and the data contained in them used by BUMED, and extensive knowledge of current Navy resource management systems and processes. Emphasis is placed on experience with DOD and Navy standard accounting and workload reporting systems including STARS/FL, DMHRSi, DMLSS, TFMS, BAERS, SPS, FASTDATA, CITIDIRECT, SMART, DTS, STORES, TPOCS, SLDCADA, DCPS, CHCS, DDRS, DCAS, and DAASC. 2.4.1 IT Skills. Personnel assigned must possess skills in software/hardware systems, documents and systems as specified in paragraph 1.3 of this work statement. 2.4.2 Functional Skills. Personnel must be capable of working independently and with demonstrated working knowledge of the network hardware & software component types noted in paragraph 1.3 of this work statement. 2.4.3 Hardware/Languages. Contractor personnel will possess experience in using the hardware/software as indicated in paragraph 1.3 in the work statement. 3.0 GOVERNMENT FURNISHED RESOURCES 3.1. Facilities, Supplies and Services. office space, office supplies, computer equipment and time, telephone, and reproduction facilities will be provided for up to three contractor personnel while making onsite visits. Servers will be located at each site as referenced in server list in Appendix A. 3.2. Information. The following information will be provided by the government 3.2.1. Manuals, texts, briefs and other materials associated with the hardware/software noted in paragraph 2.2.3 of this work statement. Standard Operational Procedures will be made available to the contractor upon contract award, as listed in section fined in 1.3.3. 4.0 ADMINISTRATIVE CONSIDERATIONS 4.1 Points of Contact. 4.1.1 Client Representative\User Project Manager: To be named at time of award 4.1.2 Contracting Officer’s Representative: To be named at time of award 4.2 Place of Performance. Work is to be performed primarily in the Contractor’s facility; however, travel will be required as specified herein. The Government will provide office space for up to three employees in the BUMED complex in Medical Command Headquarters for use by the contractor. The contractor will be provided the use of Government phones and copiers for official use as advantageous to the Government. 4.3 Hours of Work. While working on site or visiting customer facilities, contractor personnel will conform to customer agency normal business operating hours. 4.4 Ownership of Deliverables/Products: All deliverables and products developed by the contractor for the government during the POP will be the exclusive ownership of the government. 5.0. Privacy and Security N00189-11-R-Z051 Page 19 of 70 5.1.. Privacy Act. Work on this project requires that personnel have access to Privacy Information. Personnel shall adhere to the Privacy Act, Title 5 of the U.S. Code, Section 552a and applicable agency rules and regulations. 5.2. Personally Identifiable Information (PII), Protected Health Information (PHI) and Federal Information Laws The Contractor shall establish appropriate administrative, technical, and physical safeguards to protect any and all Government data. The Contractor shall also ensure the confidentiality, integrity, and availability of Government data in compliance with all applicable laws and regulations, including data breach reporting and response requirements, in accordance with DFAR Subpart 224.1 (Protection of Individual Privacy), which incorporates by reference DoDD 5400.11, “DoD Privacy Program,” May 8, 2007, and DoD 5400.11-R, “DoD Privacy Program,” May 14, 2007. The contractor shall also comply with federal laws relating to freedom of information and records management. Health Insurance Portability and Accountability Act (HIPAA) The Contractor shall comply with all requirements of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) (Pub. L. 104-191), as implemented by the HIPAA Privacy and Security Rules codified at 45 C.F.R. Parts 160 and 164, and as further implemented within the Military Health System (MHS) by DoD 6025.18-R, "DoD Health Information Privacy Regulation," January 24, 2003, and DoD 8580.02-R, “DoD Health Information Security Regulation, July 12, 2007. The Contractor shall also comply with all applicable HIPAA-related rules and regulations as they are published and as further defined by later-occurring Government requirements and DoD guidance, including current and forthcoming DoD guidance implementing applicable amendments under the American Recovery and Reinvestment Act of 2009 (ARRA). Any rules and regulations that are published, and/or requirements that are defined after the award date of this contract, and that require expenditure of additional Contractor resources for compliance, may be considered “changes” and will be subject to the “changes” clause under the contract. Breach Response DoD 5400.11-R, “DoD Privacy Program,” May 14, 2007, defines a breach as the “actual or possible loss of control, unauthorized disclosure, or unauthorized access of personal information where persons other than authorized users gain access or potential access to such information for other than authorized purposes where one or more individuals will be adversely affected.” Within one hour of discovery, the breach must be reported to the US Computer Emergency Readiness Team (US CERT) at https://forms.us-cert.gov/report/ and to the TMA Privacy Office at PrivacyOfficerMail@tma.osd.mil. The Contractor shall adhere to the reporting and response requirements set forth in the Office of the Secretary of Defense (OSD) Memorandum 1504-07, “Safeguarding Against and Responding to the Breach of Personally Identifiable Information,” June 5, 2009; DoD 5400.11-R, and applicable TMA Privacy Office guidance, including current and forthcoming DoD guidance on ARRA breach notification requirements, available at: http://www.tricare.mil/tma/privacy/breach.aspx. Systems of Records In order to meet the requirements of 5 U.S.C. 552a, the Privacy Act of 1974, and its implementation within the Military Health System (MHS) under DoD 5400.11-R, “ DoD Privacy Program,” May 14, 2007, Contractors must identify to the Contracting Officer Representative (COR) systems of records that are maintained or operated for TMA where records of personally identifiable information (PII) collected from individuals are maintained and specifically retrieved using a personal identifier. Upon identification of such systems to the COR, and prior to the lawful operation of such systems, Contractors must coordinate with the TMA Privacy Office at SORmail@tma.osd.mil to complete systems of records notices (SORNs) for submission and publication in the Federal Register as coordinated by the Defense Privacy Office, and as required by DoD 5400.11-R. N00189-11-R-Z051 Page 20 of 70 Following proper SORN publication and Government confirmation of Contractor authority to operate the applicable system(s), Contractors must also comply with the additional systems of records and SORN guidance, in coordination with the TMA Privacy Office, regarding periodic system review, amendments, alterations, or deletions set forth by DoD 5400.11-R, Office of Management and Budget (OMB) Memorandum 99-05, Attachment B, and OMB Circular A-130. Privacy Impact Assessment (PIA) The Contractor shall provide for the completion of a Privacy Impact Assessment (PIA) for any applicable systems that collect, maintain, use or disseminate personally identifiable information (PII) or protected health information (PHI) about members of the public, federal personnel, contractors, or in some cases foreign nationals. To begin the PIA process, Contractors are responsible for the completion of the PIA Determination Checklist. This Checklist provides basic system information to the TMA Privacy Office and ensures that the appropriate decision concerning PIA requirements is made. The Checklist can be downloaded from http://www.tricare.mil/tma/privacy/downloads/2010513/TMAPIADeterminationChecklist.pdf. Contractors are responsible for the employment of practices that satisfy the requirements and regulations of: Section 208 of E-Government (E-Gov) Act of 2002, (Pub. L. 107-347); DoDI 5400.16, “DoD Privacy Impact Assessment (PIA) Guidance,” February 12, 2009; and, Office of Management and Budget (OMB) Memorandum 03-22, “OMB Guidance for Implementing the Privacy Provisions of the E-Government Act of 2002,” September 26, 2003. When completing a PIA, the Contractor is responsible for using the DoD-approved PIA Template, DD Form 2930, available at http://www.dtic.mil/whs/directives/infomgt/forms/eforms/dd2930.pdf. Completed PIA Determination Checklists and DD Form 2930s will be sent to the TMA Privacy Office at email@example.com. Data Use Agreement (DUA) A Data Use Agreement (DUA) is currently used to request and control the disclosure, use, storage and/or destruction of MHS data that is owned and/or managed by TMA to ensure that applicable privacy and security requirements are followed. In addition, research requests for MHS data that include protected health information (PHI) must be reviewed for HIPAA compliance by the TMA Privacy Board. Under DoD 6025.18-R, “DoD Health Information Privacy Program,” January 24, 2003, reasonable steps must be taken to implement appropriate procedural, administrative, technical and physical safeguards to prevent the unauthorized use and/or disclosure of any personally identifiable information (PII) or PHI. Likewise, all uses, disclosures, and destruction of PII and PHI data are generally subject to DoD 5400.11-R, “DoD Privacy Program,” May 14, 2007, as well as DoDI 8500.2, “Information Assurance (IA) Implementation,” Feb. 6, 2003, and DoD 8580.02-R, “DoD Health Information Security Regulation,” July 12, 2007. To begin the DUA request process, the contractor should choose the applicable request template at http://www.tricare.mil/tma/privacy/Templates.aspx, or should contact DUAmail@tma.osd.mil. After receiving DUA approval, anyone needing access to information system applications or data sources must contact the responsible system program office. DUAs are active for one year, or until the end of the current option year, whichever comes first. If the DUA will not be renewed, the TMA contractor must provide a Certificate of Data Destruction (CDD) to the TMA Privacy Office. Privacy Act and HIPAA Training The Contractor shall ensure that all staff including subcontractors and consultants comply with the training requirements of the Privacy Act of 1974 (5 U.S.C. 552a) and Health Insurance Portability and Accountability Act of 1996 (HIPAA) (Pub. L. 104-191). The training requirements are mandated by OSD Memorandum 15041-07, “Safeguarding Against and Responding to the Breach of Personally Identifiable Information”: DoD 6025.18-R, N00189-11-R-Z051 Page 21 of 70 “DoD Health Information Privacy Regulation”, January 24, 2003; and the TMA Workforce Training Policy Memorandum, dated May 28, 2008, on the subject, “Workforce Training Policy Pursuant to the Department of Defense Privacy Act Regulations and the Department of Defense Health Insurance Portability and Accountability Act Privacy and Security Regulations”. The Contractor shall ensure that the annual Privacy Act and HIPAA training is completed by all staff assigned to or performing on this Task Order, including subcontractors and consultants. All required Privacy Act and HIPAA training will be conducted online through Military Health System Learn (MHS Learn) at https://mhslearn.csd.disa.mil or the current TMA learning management system (LMS) in place to deliver training to meet the above requirements. The Contractor shall ensure all employees and subcontractors supply a certificate of Privacy Act and HIPAA training completion to the Contracting Officer Representative (COR) within 30 days of being assigned to the Task Order and on an annual basis based on the trainee’s birth month thereafter. Records Management When creating and maintaining official government records, the Contractor shall comply with all federal requirements established by 44 United States Code (USC), 41 USC, 36 Code of Federal Regulations (CFR), Department of Defense (DOD) Administrative Instruction No. 15 (DOD AI-15), “Records Management, Administrative Procedures and Records Disposition Schedules,” and Chapter 2 of the TRICARE Operations Manual. 5.3. Business Associates. In accordance with DoD 6025.18-R “Department of Defense Health Information Privacy Regulation,” January 24, 2003, the Contractor meets the definition of Business Associate. Therefore, a Business Associate Agreement is required to comply with both the Health Insurance Portability and Accountability Act (HIPAA) Privacy and Security regulations. This clause serves as that agreement whereby the Contractor agrees to abide by all applicable HIPAA Privacy and Security requirements regarding health information as defined in this clause, and in DoD 6025.18-R and DoD 8580.02-R, as amended. Additional requirements will be addressed when implemented. (a) Definitions. As used in this clause generally refer to the Code of Federal Regulations (CFR) definition unless a more specific provision exists in DoD 6025.18-R or DoD 8580.02-R. Individual has the same meaning as the term “individual” in 45 CFR 160.103 and shall include a person who qualifies as a personal representative in accordance with 45 CFR 164.502(g). Privacy Rule means the Standards for Privacy of Individually Identifiable Health Information at 45 CFR part 160 and part 164, subparts A and E. Protected Health Information has the same meaning as the term “protected health information” in 45 CFR 160.103, limited to the information created or received by the Contractor from or on behalf of the Government pursuant to the Contract. Electronic Protected Health Information has the same meaning as the term “electronic protected health information” in 45 CFR 160.103. Required by Law has the same meaning as the term “required by law” in 45 CFR 164.103. Secretary means the Secretary of the Department of Health and Human Services or his/her designee. N00189-11-R-Z051 Page 22 of 70 Security Rule means the Health Insurance Reform: Security Standards at 45 CFR part 160, 162 and part 164, subpart C. Terms used, but not otherwise defined, in this Clause shall have the same meaning as those terms in 45 CFR 160.103, 160.502, 164.103, 164.304, and 164.501. (b) The Contractor shall not use or further disclose Protected Health Information other than as permitted or required by the Contract or as Required by Law. (c) The Contractor shall use appropriate safeguards to prevent use or disclosure of the Protected Health Information other than as provided for by this Contract. (d) The Contractor agrees to use administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the electronic protected health information that it creates, receives, maintains, or transmits in the execution of this Contract. (e) The Contractor shall, at their own expense, take action to mitigate, to the extent practicable, any harmful effect that is known to the Contractor of a use or disclosure of Protected Health Information by the Contractor in violation of the requirements of this Clause. These mitigation actions will include as a minimum those listed in the TMA Breach Notification Standard Operating Procedure (SOP), which is available at: http://www.tricare.mil/tma/privacy/breach.aspx. (f) The Contractor shall report to the Government any security incident involving protected health information of which it becomes aware. (g) The Contractor shall report to the Government any use or disclosure of the Protected Health Information not provided for by this Contract of which the Contractor becomes aware. (h) The Contractor shall ensure that any agent, including a subcontractor, to whom it provides Protected Health Information received from, or created or received by the Contractor, on behalf of the Government, agrees to the same restrictions and conditions that apply through this Contract to the Contractor with respect to such information. (i) The Contractor shall ensure that any agent, including a subcontractor, to whom it provides electronic Protected Health Information, agrees to implement reasonable and appropriate safeguards to protect it. (j) The Contractor shall provide access, at the request of the Government, and in the time and manner reasonably designated by the Government to Protected Health Information in a Designated Record Set, to the Government or, as directed by the Government, to an Individual in order to meet the requirements under 45 CFR 164.524. (k) The Contractor shall make any amendment(s) to Protected Health N00189-11-R-Z051 Page 23 of 70 Information in a Designated Record Set that the Government directs or agrees to pursuant to 45 CFR 164.526 at the request of the Government, and in the time and manner reasonably designated by the Government. (l) The Contractor shall make internal practices, books, and records relating to the use and disclosure of Protected Health Information received from, or created or received by the Contractor, on behalf of the Government, available to the Government, or at the request of the Government to the Secretary, in a time and manner reasonably designated by the Government or the Secretary, for purposes of the Secretary determining the Government’s compliance with the Privacy Rule. (m) The Contractor shall document such disclosures of Protected Health Information and information related to such disclosures as would be required for the Government to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR 164.528. (n) The Contractor shall provide to the Government or an Individual, in time and manner reasonably designated by the Government, information collected in accordance with this Clause of the Contract, to permit the Government to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR 164.528. General Use and Disclosure Provisions Except as otherwise limited in this Clause, the Contractor may use or disclose Protected Health Information on behalf of, or to provide services to, the Government for treatment, payment, or healthcare operations purposes, in accordance with the specific use and disclosure provisions below, if such use or disclosure of Protected Health Information would not violate the HIPAA Privacy Rule, the HIPAA Security Rule, DoD 6025.18-R or DoD 8580.02-R if done by the Government. Specific Use and Disclosure Provisions (a) Except as otherwise limited in this Clause, the Contractor may use Protected Health Information for the proper management and administration of the Contractor or to carry out the legal responsibilities of the Contractor. (b) Except as otherwise limited in this Clause, the Contractor may disclose Protected Health Information for the proper management and administration of the Contractor, provided that disclosures are required by law, or the Contractor obtains reasonable assurances from the person to whom the information is disclosed that it will remain confidential and used or further disclosed only as required by law or for the purpose for which it was disclosed to the person, and the person notifies the Contractor of any instances of which it is aware in which the confidentiality of the information has been breached. (c) Except as otherwise limited in this Clause, the Contractor may use Protected Health Information to provide Data Aggregation services to the Government as permitted by 45 CFR 164.504(e)(2)(i)(B). N00189-11-R-Z051 Page 24 of 70 (d) Contractor may use Protected Health Information to report violations of law to appropriate Federal and State authorities, consistent with 45 CFR 164.502(j)(1). Obligations of the Government Provisions for the Government to Inform the Contractor of Privacy Practices and Restrictions (a) The Government shall provide the Contractor with the notice of privacy practices that the Government produces in accordance with 45 CFR 164.520. (b) The Government shall provide the Contractor with any changes in, or revocation of, permission by Individual to use or disclose Protected Health Information, if such changes affect the Contractor’s permitted or required uses and disclosures. (c) The Government shall notify the Contractor of any restriction to the use or disclosure of Protected Health Information that the Government has agreed to in accordance with 45 CFR 164.522. Permissible Requests by the Government The Government shall not request the Contractor to use or disclose Protected Health Information in any manner that would not be permissible under the HIPAA Privacy Rule, the HIPAA Security Rule, or any applicable Government regulations (including without limitation, DoD 6025.18-R and DoD 8580.02-R) if done by the Government, except for providing Data Aggregation services to the Government and for management and administrative activities of the Contractor as otherwise permitted by this clause. Termination (a) Termination. A breach by the Contractor of this clause, may subject the Contractor to termination under any applicable default or termination provision of this Contract. (b) Effect of Termination. (1) If this contract has records management requirements, the records subject to the Clause should be handled in accordance with the records management requirements. If this contract does not have records management requirements, the records should be handled in accordance with paragraphs (2) and (3) below (2) If this contract does not have records management requirements, except as provided in paragraph (3) of this section, upon termination of this Contract, for any reason, the Contractor shall return or destroy all Protected Health Information received from the Government, or created or received by the Contractor on behalf of the Government. This provision shall apply to Protected Health Information that is in the possession of subcontractors or agents of the Contractor. The Contractor shall retain no copies of the Protected Health Information. N00189-11-R-Z051 Page 25 of 70 (3) If this contract does not have records management provisions and the Contractor determines that returning or destroying the Protected Health Information is infeasible, the Contractor shall provide to the Government notification of the conditions that make return or destruction infeasible. Upon mutual agreement of the Government and the Contractor that return or destruction of Protected Health Information is infeasible, the Contractor shall extend the protections of this Contract to such Protected Health Information and limit further uses and disclosures of such Protected Health Information to those purposes that make the return or destruction infeasible, for so long as the Contractor maintains such Protected Health Information. Miscellaneous (a) Regulatory References. A reference in this Clause to a section in DoD 6025.18-R, DoD 8580.02-R, Privacy Rule or Security Rule means the section currently in effect or as amended, and for which compliance is required. (b) Survival. The respective rights and obligations of Business Associate under the “Effect of Termination” provision of this Clause shall survive the termination of this Contract. (c) Interpretation. Any ambiguity in this Clause shall be resolved in favor of a meaning that permits the Government to comply with DoD 6025.18-R, DoD 8580.02-R, the HIPAA Privacy Rule or the HIPAA Security Rule. 5.4. Freedom of Information Act (FOIA) Office TRICARE Freedom of Information (FOIA) procedures require a written request under the Act to be addressed to the FOIA Officer, TMA, 16401 East Centretech Parkway, Aurora, Colorado 80011-9066. The request shall describe the desired record as completely as possible to facilitate its retrieval from files and to reduce search fees which may be borne by the requestor. No more than ten working days shall elapse after a request has been received by the Freedom of Information Officer before notification is sent that the request has been granted or denied. The administrative time limit for responding to FOIA requests does not begin until the request is received by TMA. In response to requests received by contractors for the release of information, unclassified information, documents and forms which were previously provided to the public as part of routine services shall continue to be made available in accordance with previously established criteria. All other requests from the public for release of TRICARE records and, specifically, all requests that reference the Freedom of Information Act shall be immediately forwarded to TMA, ATTENTION: Freedom of Information Officer, for appropriate action. Direct contact, including interim replies, between TRICARE contractors and such requestors is not authorized. The contractor shall process requests by individuals for access to records about themselves under the Privacy Act procedures when those procedures are more advantageous to the requestor. 5.5. System Security. The contractor is required to ensure Firewalls are set-up to protect all servers. The contractor is required to manage and scan servers to ensure no outside intrusions and to use tools such as but not limited to, Host Intrusion Software and Virus Protection. The contractor is to ensure that all security patches are implemented in compliance with Navy Medicine and DoD Policy. 6.0 SPECIAL INSTRUCTIONS 6.1 General. All documents and deliverables described in this work statement and amendments or modifications, shall be submitted in a professional manner and on the prime contractor's letterhead (be sure to coordinate this paragraph with para 2.2 above). All work (hardware, software and services) will be Year 2003 Compliant. N00189-11-R-Z051 Page 26 of 70 6.2 Progress Report. Progress reports must be submitted to the COR (see para 4.1.1) no later than the 15th workday of every month. Reports shall be discussed during the monthly task management review meeting, which can be physical, virtual or electronic response to progress report. Progress reports must be submitted electronically. Failure to provide reports correctly will cause resubmission by your company. The monthly Progress Report will include, but not limited to: 6.2.1 Contract number, Order number and Project number 6.2.2 Brief task description 6.2.3 A narrative review of work accomplished during the reporting period and/or significant events 6.2.4 Problems areas 6.2.5 Anticipated activity for the next reporting period 6.2.6 Summary of costs, both labor and ODCs as reflected in the latest invoice. 5.3 Delivery Instructions. All deliverables shall be delivered to the COR specified in the work statement. Deliverables are to be transmitted with a cover letter, on the prime contractor's letterhead, describing the contents. 7.0 OTHER CONSIDERATIONS 7.1 Proprietary Information Statement. The government will retain right to all intellectual property produced in the course of developing, deploying, training, using and supporting the manuals and other deliverables developed under this task statement. All modifications to any software models will be the property of the government. APENDIX A FASTDATA SERVER and CITRIX LOCATIONS: FASTDATA ADDITIONAL UIC Site Name Server DATABASE Deployed ROOSEVELT N00018 BUMED HQ WASHINGTON DC X ROAD N00183 NMC PORTSMOUTH X N00203 NH PENSACOLA X N00211 NHC GREAT LAKES X N00232 NH JACKSONVILLE X N00259 NMC SAN DIEGO X N00285 NH CORPUS CHRISTI X NAVY MANPOWER PERSONNEL N0622A X TRAINING & EDUCATION (NNMPT&E) N0751A NOMI PENSACOLA X N32185 NHC NEW ENGLAND (NEWPORT) X N35949 NH TWENTY-NINE PALMS X N00189-11-R-Z051 Page 27 of 70 N39163 NH SIGONELLA X N61337 NH BEAUFORT X N61564 NH GUANTANAMO BAY X NEMSCOM N62645 NMLC FT DETRICK X (N68610) N63439 NOSTRA YORKTOWN X N68901 NAVMISSA X N66094 NHC CHERRY POINTS X N66095 NH LEMOORE X LONDON N66096 NH NAPLES X (N46491) N66097 NH OAK HARBOR X N66101 ROTA - NH X N68084 NHC CHARLESTON X N68093 NH CAMP LEJEUNE X N68094 NH CAMP PENDLETON X N68095 NH BREMERTON X N68096 NH GUAM X N68098 NHC PEARL HARBOR X N68292 NH YOKOSUKA X N68470 NH OKINAWA X N68546 NAVMCPUBHLTHCEN PORTSMOUTH VA X N68906 NAVYMED WEST SAN DIEGO X N68907 NMSC JACKSONVILLE X N68908 NAVYMED EAST NORFOLK X N46896 JTF-CAP MED X N00168 NNMC BETHESDA X NOMI (N0751A), ANNAPOLIS (N00162), PAX RIVER (N66098), ARCHIVE DATABASES & TEST SERVER - QUANTICO N00168 X RESIDES @ NNMC BETHESDA (N00231), KEFLAVIK (N68875), MMSO (NN68903) AND A TEST DATABSE APENDIX B ACRONYMS N00189-11-R-Z051 Page 28 of 70 ACO Administrative Contracting Officer ADP Automated Data Processing ANSI American National Standards Institute BAERS Budget Analysis Evaluation Reporting System BRAC Base Realignment and Closure BUMED Bureau of Medicine and Surgery CAD Cost Accounting Dictionary CAI Change Architect Inc CBA Centrally Billed Account CFO Chief Financial Officer CFR Code of Federal Regulations CHCS Composite Health Care System CLIN Contract Line Item Number CNO Chief of Naval Operations COMSEC Communications Security CONUS Continental United States COR Contracting Officer's Representative CPFF Cost plus Fixed Fee CSR Computer Service Request CTO Commercial Travel office CTO Chief Technology Officer CUI Controlled Unclassified Information CY Calendar Year DAASC Defense Automatic Addressing System Center DFAR Defense Financial Accounting Regulation DFAS Defense Finance and Accounting Service DHP Defense Health Program DMHRSi Defense Medical Human Resources System - internet DMIS Defense Medical Information System DMLSS Defense Medical Logistics Standard Support DOD Department of Defense DODAAC Department Of Defense Activity Address Code DON Department of Navy DPAS Defense Priorities and Allocations System DQ Data Quality DTF Dental Training Facility DTIS Defense Technical Integration Services DTS Defense Travel System DUA Data Use Agreements EAS-III Expense Assignment System III EAS-IV Expense Assignment System IV ECAT Electronic Catalog EDI Electronic Data Interchange EKM Enterprise Knowledge Management ETNAC Entrance National Agency Check FAR Federal Acquisitions Regulation FASTDATA Fund Administration and Standardized Document Automation FIAR Financial Improvement and Audit Readiness FISC Fleet and Industrial Supply Center FMDSS Financial Management Data & Systems Support FMFIA Federal Managers Financial Integrity Act FOB Freight on Board FTP File Transfer Protocol FY Fiscal Year N00189-11-R-Z051 Page 29 of 70 GPRA Government Performance Results Act GTCC Government Travel Charge Card HA Health Affairs HCM Headquarters Command Module HIPAA Health Insurance Portability and Accountability Act HSO Health Support Office IAM Information Assurance Manager IAO Information Assurance Officer ISR Individual Subcontracting Report ISSO Information System Security Officer IT Information Technology JFMIP Joint Financial Management Improvement Program JPAS Joint Personnel Adjudication System JTR Joint Travel Regulations LPO Local Processing Office MEPRS Medical Expense Performance Reporting System MHS Medical Health System MILSTRIP Military Standard Requisitioning and Issue Procedures MTF Medical Training Facility NAC National Agency Check NACLC National Agency Check Local Check NAVMISSA Navy Medicine Information Systems Support NCIS Naval Criminal Investigative Services NGIT Northrop Grumman Information Technology NIPRNET Unclassified but Sensitive Internet Protocol Router Network NKO Navy Knowledge Online NMETC Naval Medical Education Training Command NMIMC Navy Medical Information Management Center NNMC National Naval Medical Center OASD Office of the Assistant Secretary of Defense OCONUS Out side the Continental United States OFG Online Financial Guidance OPM Office of Personnel Management OS Operating System PCO Procurement Contracting Officer PHI Protected Health Information PIA Privacy Impact Assessments PII Personally Identifiable Information PKI Public Key Infrastructure PLI Personal Liability Insurance POM Program Objective Memoranda PPA Prompt Payment Act RMDG Resource Management Desk Guide SAAR System Authorization Access Request SLIN Sub-line Item Number SMART Summarized Management Analysis Resource Tool SME Subject Matter Expert SOR System of Records SPMS Standard Personnel Management System SPS Standard Procurement System SSBI Single Scope Background Investigation SSR Summary Subcontracting Report STARS Standardized Accounting & Reporting System STARS/FL Standardized Accounting & Reporting System/Field Level N00189-11-R-Z051 Page 30 of 70 TDA Temporary Duty Assignment TDY Temporary Duty TFMS Transportation Financial Management System TLS Transport Layer Security TMA Tricare Management Activity TPOCS Third Party Outpatient Collections System UBO Uniform Business Office USSGL United States Standard General Ledger UIC Unit Identification Code VPN Virtual Private Network WAM Workload Assignment Module WAWF Wide Area Work Flow WinS Web invoicing System REQUIRED STANDARD OF WORKMANSHIP (OCT 1992) Unless otherwise specifically provided in this contract, the quality of all services rendered hereunder shall conform to the highest standards in the relevant profession, trade or field of endeavor. All services shall be rendered by or supervised directly by individuals fully qualified in the relevant profession, trade or field, and holding any licenses required by law. (End of Provision) REIMBURSEMENT OF TRAVEL COSTS (OCT 1998) (a) Travel (1) Area of Travel. Performance under this contract may require travel by contractor personnel. If travel, domestic or overseas, is required, the contractor is responsible for making all needed arrangements for his personnel. This includes but is not limited to the following: Medical Examinations Immunization Passports, visas, etc. Security Clearances All contractor personnel required to perform work on any U.S. Navy vessel will have to obtain boarding authorization from the Commanding Officer of the vessel prior to boarding. (2) Travel Policy. The Government will reimburse the contractor for allowable travel costs incurred by the contractor in performance of the contract and determined to be in accordance with FAR subpart 31.2, subject to the following provisions: Travel required for tasks assigned under this contract shall be governed in accordance with rules set forth for temporary duty travel in FAR 31.205-46. (3) Travel. Travel, subsistence, and associated labor charges for travel time are authorized, whenever a task assignment requires work to be accomplished at a temporary alternate worksite. N00189-11-R-Z051 Page 31 of 70 Travel performed for personal convenience and daily travel to and from work at contractor’s facility will not be reimbursed. (4) Per Diem. Per diem for travel on work assigned under this contract will be reimbursed to employees consistent with company policy, but not to exceed the amount authorized in the Department of Defense Joint Travel Regulations. (5) Shipboard Stays. Whenever work assignments require temporary duty aboard a Government ship, the contractor will be reimbursed at the per diem rates identified in paragraphs C8101.2C or C81181.3B(6) of the DOD Joint Travel Regulations, Volume 2. (6) Air/Rail Travel. In rendering the services, the contractor shall be reimbursed for the actual costs of transportation incurred by its personnel not to exceed the cost of tourist class rail, or plane fare, to the extent that such transportation is necessary for the performance of the services hereunder and is authorized by the Ordering Officer. Such authorization by the Ordering Officer shall be indicated in the order or in some other suitable written form. NOTE: To the maximum extent practicable without the impairment of the effectiveness of the mission, transportation shall be tourist class. In the event that only first class travel is available, it will be allowed, provided justification therefore is fully documented and warranted. (7) Private Automobile. The use of privately owned conveyance within the continental United States by the traveler will be reimbursed to the contractor at the mileage rate allowed by Joint Travel Regulations. Authorization for the use of privately owned conveyance shall be indicated on the order. Distances traveled between points shall be shown in standard highway mileage guides. Any deviations from distance shown in such standard mileage guides shall be explained by the traveler on his expense sheet. (8) Car Rental. The contractor shall be entitled to reimbursement for car rental, exclusive of mileage charges, as authorized by each order, when the services are required to be performed outside the normal commuting distance from the contractor’s facilities. Car rental for TDY teams will be limited to a rate of one car for every four (4) persons on TDY at one site. (End of Provision) ALLOWABILITY OF MATERIAL AND GENERAL BUSINESS EXPENSES As used in this clause, the term “material” includes supplies, equipment, hardware, automatic data processing equipment, and software. This is a services contract, and the procurement of material of any kind, other than that incidental to, and necessary for the furnishing of the required services is not authorized and will not be considered an allowable cost under the contract. No such material of any kind may be procured without the prior written approval of the contracting officer. EMPLOYMENT OF DEPARTMENT OF DEFENSE PERSONNEL RESTRICTED In performing this contract, the contractor will not use as a consultant or employ (on either a full or part time basis) any current Department of Defense (DoD) personnel (civilian or military) without the prior approval of the Contracting Officer. Such approval may be given only in circumstances where it is clear that no laws and no DoD or Navy instructions, regulations, or policies might possibly be contravened and no appearance of a conflict of interest will result. N00189-11-R-Z051 Page 32 of 70 Section D - Packaging and Marking MARKING OF SHIPMENTS (COMMERCIALLY PACKAGED ITEMS) (MAR 1999) “ ” Marking shall be in accordance with ASTM D-3951-95 Standard Practice for Commercial Packaging. (End of Provision) N00189-11-R-Z051 Page 33 of 70 Section E - Inspection and Acceptance INSPECTION AND ACCEPTANCE TERMS Supplies/services will be inspected/accepted at: CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY 0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government 1004 Destination Government Destination Government 1005 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government CLAUSES INCORPORATED BY FULL TEXT The following clauses are hereby incorporated into section E by reference: 52.246-3 Inspection of Supplies - Cost Reimbursement (MAY 2001) 52.246-4 Inspection of Services - Fixed Price (AUG 1996) 52.246-5 Inspection of Services - Cost Reimbursement (APR 1984) 52.246-16 Responsibility for Supplies (APR 1984) (End of Clauses) INSPECTION AND ACCEPTANCE (SERVICES) (OCT 1992) Inspection and acceptance of services to be furnished hereunder shall be made at destination , upon completion of the services, by the Bureau of Medicine and Surgery (BUMED). (End of Provision) N00189-11-R-Z051 Page 34 of 70 Section F - Deliveries or Performance DELIVERY INFORMATION CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC 0001 POP 01-FEB-2012 TO See Schedule Department of the Navy, N00018 31-JAN-2013 Bureau of Medicine and Surgery 2300 E Street, NW Washington, DC 20372 FOB: Destination 0002 POP 01-FEB-2012 TO Same As Above Same As Above 31-JAN-2013 0003 POP 01-FEB-2012 TO Same As Above Same As Above 31-JAN-2013 0004 POP 01-FEB-2012 TO Same As Above Same As Above 31-JAN-2013 0005 POP 01-FEB-2012 TO Same As Above Same As Above 31-JAN-2013 1001 POP 01-FEB-2013 TO Same As Above Same As Above 31-JAN-2014 1002 POP 01-FEB-2013 TO Same As Above Same As Above 31-JAN-2014 1003 POP 01-FEB-2013 TO Same As Above Same As Above 31-JAN-2014 1004 POP 01-FEB-2013 TO Same As Above Same As Above 31-JAN-2014 1005 POP 01-FEB-2013 TO Same As Above Same As Above 31-JAN-2014 2001 POP 01-FEB-2014 TO Same As Above Same As Above 31-JAN-2015 2002 POP 01-FEB-2014 TO Same As Above Same As Above 31-JAN-2015 2003 POP 01-FEB-2014 TO Same As Above Same As Above 31-JAN-2015 N00189-11-R-Z051 Page 35 of 70 The following clauses are hereby incorporated into section F by reference: Clause No. Title 52.242-15 Stop-Work Order (AUG 1989) 52.242-17 Government Delay of Work (APR 1984) 52.247-34 F.O.B. Destination (NOV 1991) DELIVERY OF DATA (FISC DET PHILA) (OCT 1992) Place and time of delivery of data shall be as specified on the DD Form 1423 (Contract Data Requirements List) which is an exhibit to this contract, unless delivery is deferred at the Government’s option by written order of the Contracting Officer. PROGRESS AND FINANCIAL REPORTS (FISC DET PHILA) (OCT 1992) (a) Progress and Financial Reports. A monthly progress and financial report will be submitted to the Contracting Officer Representative (COR) with a copy to the Contracting Officer. In addition, a separate report of the number of man-hours charged to the contract will be submitted (monthly) to the Contracting Officer. (b) Technical Reports. Technical reports and conclusions reflecting the work accomplished under each task set forth in task orders issued under this contract will be prepared and delivered to the Government when and in the form required by the Contracting Officer’s Representative, in accordance with the requirements of the Dd Form 1423. (c) Final Delivery. The delivery date of the last of the above reports is not to be later than 60 days after end of the performance period of the contract. DURATION OF CONTRACT PERIOD (FISC DET PHILA) (OCT 1992) (a) This contract shall commence on 01 February 2012 or date of award, whichever is later, and the performance period shall continue in effect through 31 January 2013. Should options be exercised, the performance period will be changed to read as follows: Option 1 01 February 2013 to 31 January 2014 Option 2 01 February 2014 to 31 January 2015 (b) Subject to the provisions of the “Limitation of Costs” clause, the Contractor shall not be required to perform any work under this contract beyond the performance period set forth above unless such period is extended in writing by mutual agreement prior to the expiration date specified in the contract; provided however, and notwithstanding the provisions of Clause entitled “Indefinite Quantity” and “Ordering,” that the Contracting Officer may at his election, issue Delivery/task orders beyond the ordering period and require the Contractor to continue to perform work beyond the performance period set forth above until the total estimated maximum cost of the contract shall have been expended. TRANSPORTATION OF SUPPLIES BY SEA (DFARS 252.247-7023)(MAY 2002) (a) Definitions. As used in this clause- (1) "Components" means articles, materials, and supplies incorporated directly into end products at any level of manufacture, fabrication, or assembly by the Contractor or any subcontractor. N00189-11-R-Z051 Page 36 of 70 (2) "Department of Defense" (DoD) means the Army, Navy, Air Force, Marine Corps, and defense agencies. (3) "Foreign flag vessel" means any vessel that is not a U.S.-flag vessel. (4) "Ocean transportation" means any transportation aboard a ship, vessel, boat, barge, or ferry through international waters. (5) "Subcontractor" means a supplier, materialman, distributor, or vendor at any level below the prime contractor whose contractual obligation to perform results from, or is conditioned upon, award of the prime contract and who is performing any part of the work or other requirement of the prime contract. (6) "Supplies" means all property, except land and interests in land, that is clearly identifiable for eventual use by or owned by the DoD at the time of transportation by sea. (i) An item is clearly identifiable for eventual use by the DoD if, for example, the contract documentation contains a reference to a DoD contract number or a military destination. (ii) "Supplies" includes (but is not limited to) public works; buildings and facilities; ships; floating equipment and vessels of every character, type, and description, with parts, subassemblies, accessories, and equipment; machine tools; material; equipment; stores of all kinds; end items; construction materials; and components of the foregoing. (7) "U.S.-flag vessel" means a vessel of the United States or belonging to the United States, including any vessel registered or having national status under the laws of the United States. (b)(1) The Contractor shall use U.S.-flag vessels when transporting any supplies by sea under this contract. (2) A subcontractor transporting supplies by sea under this contract shall use U.S.-flag vessels if- (i) This contract is a construction contract; or (ii) The supplies being transported are- (A) Noncommercial items; or (B) Commercial items that- (1) The Contractor is reselling or distributing to the Government without adding value (generally, the Contractor does not add value to items that it subcontracts for f.o.b. destination shipment); (2) Are shipped in direct support of U.S. military contingency operations, exercises, or forces deployed in humanitarian or peacekeeping operations; or (3) Are commissary or exchange cargoes transported outside of the Defense Transportation System in accordance with 10 U.S.C. 2643. (c) The Contractor and its subcontractors may request that the Contracting Officer authorize shipment in foreign-flag vessels, or designate available U.S.-flag vessels, if the Contractor or a subcontractor believes that- (1) U.S.-flag vessels are not available for timely shipment; N00189-11-R-Z051 Page 37 of 70 (2) The freight charges are inordinately excessive or unreasonable; or (3) Freight charges are higher than charges to private persons for transportation of like goods. (d) The Contractor must submit any request for use of other than U.S.-flag vessels in writing to the Contracting Officer at least 45 days prior to the sailing date necessary to meet its delivery schedules. The Contracting Officer will process requests submitted after such date(s) as expeditiously as possible, but the Contracting Officer's failure to grant approvals to meet the shipper's sailing date will not of itself constitute a compensable delay under this or any other clause of this contract. Requests shall contain at a minimum- (1) Type, weight, and cube of cargo; (2) Required shipping date; (3) Special handling and discharge requirements; (4) Loading and discharge points; (5) Name of shipper and consignee; (6) Prime contract number; and (7) A documented description of efforts made to secure U.S.-flag vessels, including points of contact (with names and telephone numbers) with at least two U.S.-flag carriers contacted. Copies of telephone notes, telegraphic and facsimile message or letters will be sufficient for this purpose. (e) The Contractor shall, within 30 days after each shipment covered by this clause, provide the Contracting Officer and the Maritime Administration, Office of Cargo Preference, U.S. Department of Transportation, 400 Seventh Street SW, Washington, DC 20590, one copy of the rated on board vessel operating carrier's ocean bill of lading, which shall contain the following information: (1) Prime contract number; (2) Name of vessel; (3) Vessel flag of registry; (4) Date of loading; (5) Port of loading; (6) Port of final discharge; (7) Description of commodity; (8) Gross weight in pounds and cubic feet if available; (9) Total ocean freight in U.S. dollars; and (10) Name of steamship company. (f) The Contractor shall provide with its final invoice under this contract a representation that to the best of its knowledge and belief- N00189-11-R-Z051 Page 38 of 70 (1) No ocean transportation was used in the performance of this contract; (2) Ocean transportation was used and only U.S.-flag vessels were used for all ocean shipments under the contract; (3) Ocean transportation was used, and the Contractor had the written consent of the Contracting Officer for all non-U.S.-flag ocean transportation; or (4) Ocean transportation was used and some or all of the shipments were made on non-U.S.-flag vessels without the written consent of the Contracting Officer. The Contractor shall describe these shipments in the following format: ITEM CONTRACT LINE QUANTITY DESCRIPTION ITEMS TOTAL (g) If the final invoice does not include the required representation, the Government will reject and return it to the Contractor as an improper invoice for the purposes of the Prompt Payment clause of this contract. In the event there has been unauthorized use of non-U.S.-flag vessels in the performance of this contract, the Contracting Officer is entitled to equitably adjust the contract, based on the unauthorized use. (h) In the award of subcontracts for the types of supplies described in paragraph (b)(2) of this clause, the Contractor shall flow down the requirements of this clause as follows: (1) The Contractor shall insert the substance of this clause, including this paragraph (h), in subcontracts that exceed the simplified acquisition threshold in Part 2 of the Federal Acquisition Regulation. (2) The Contractor shall insert the substance of paragraphs (a) through (e) of this clause, and this paragraph (h), in subcontracts that are at or below the simplified acquisition threshold in Part 2 of the Federal Acquisition Regulation. PLACE OF DELIVERY: DESTINATION (FISC DET PHILA) (OCT 1992) (a) The articles to be furnished hereunder shall be delivered all transportation charges paid by the contractor to: Naval Criminal Investigative Service (NCIS) Code 15, L3, Area 4 27130 Telegraph Road Quantico, VA 22134 (b) Offers submitted on a basis other than F.O.B. destination will be rejected as nonresponsive and may be deemed unacceptable. CONTRACT PERIOD (a) The Government anticipates to award a contract by 31 December 2011. If award is not made by 31 December 2011, there will be a day for day delay in the performance start date and transition schedule. N00189-11-R-Z051 Page 39 of 70 (b) The contract performance start date is anticipated to be 01 February 2012 through 31 January 2013 (31 January 2015 if all options are exercised) based on award by 31 December 2011. The resultant contractor’s transition schedule (start-up) shall be completed by 01 February 2012 if a contract is awarded on or before 31 December 2011. (c) The Contracting Officer will give written notice of extension of the contract in accordance with FAR clause 52.217-9 incorporated herein in Section I entitled Option to Extent the Term of the Contract not later than 30 days before the basic or option periods expire. N00189-11-R-Z051 Page 40 of 70 Section G - Contract Administration Data CLAUSES INCORPORATED BY FULL TEXT NAVSUP 5252.232-9402 INVOICING AND PAYMENT (WAWF) INSTRUCTIONS (April 2008) (a) Invoices for goods received or services rendered under this contract shall be submitted electronically through Wide Area Work Flow -- Receipt and Acceptance (WAWF): (1) The vendor shall have their cage code activated by calling 866-618-5988. Once activated, the vendor shall self-register at the web site https://wawf.eb.mil. Vendor training is available on the Internet at http://www.wawftraining.com. Additional support can be obtained by calling the NAVY WAWF Assistance Line: 1-800-559-WAWF (9293). (2) WAWF Vendor “Quick Reference” Guides are located at the following web site: http://www.acquisition.navy.mil/navyaos/content/view/full/3521. (3) Select the invoice type within WAWF as specified below. Back up documentation (such as timesheets, receiving reports etc.) can be included and attached to the invoice in WAWF. Attachments created in any Microsoft Office product are attachable to the invoice in WAWF. Total limit for each file is not to exceed 2MB. Multiple attachments are allowed. (b) The following information, regarding invoice routing DODAAC’s, must be entered for completion of the invoice in WAWF: TO BE COMPLETED AT TIME OF AWARD Routing Table Contracting Officer Notes WAWF Invoice Type -- Select 2-in-1 for FFP Services Only. -- Select Combo for Supplies, or Supplies AND FFP Services. -- Select Cost Voucher for all Cost Type Contracts. If none of the above applies, please call 1-800-559-WAWF (9293). Contract Number -(Enter Contract Number) Delivery Order Number -(Enter DO Number) Issuing Office DODAAC - (Enter DODAAC of the activity issuing the contact.) Admin Office DODAAC -(Enter Contract Admin Office DODAAC) Inspector DODAAC (usually only -(Enter Inspector DODAAC (plus extension if used when Inspector & Acceptor applicable.)) are different people) Ship To DoDAAC (for Combo), - (Enter DODAAC (plus extension, if applicable.)) Service Acceptor DODAAC (for 2 in 1), Service Approver DODAAC (Cost Voucher) Acceptance At Other -(Enter Other Acceptance Address if different from above (plus extension if applicable)) N00189-11-R-Z051 Page 41 of 70 Local Processing Office - Enter LPO DODAAC (Local Admin) (plus (Certifier) extension, if applicable)) or leave blank. DCAA Office DODAAC (Used -(Enter DCAA Office DODAAC when Applicable) on Cost Voucher’s only) - Check on DCAA website: www.dcaa.mil/ Paying Office DODAAC - Enter Paying Office DODAAC located on Contract.) Acceptor/COR Email Address -(Enter the Acceptor Email address for this Contract if applicable) (c) Contractors approved by DCAA for direct billing will not process vouchers through DCAA, but may submit directly to DFAS. Vendors MUST still provide a copy of the invoice and any applicable documentation that supports payment to the Acceptor/Contracting Officer's Representative (COR) if applicable. Additionally, a copy of the invoice(s) and attachment(s) at time of submission in WAWF must also be provided to each point of contact identified in section (d) of this clause by email. If the invoice and/or receiving report are delivered in the email as an attachment it must be provided as a .PDF, Microsoft Office product or other mutually agreed upon form between the Contracting Officer and vendor. (d) For each invoice / cost voucher submitted for payment, the contractor shall include the following email addresses for the WAWF automated invoice notification to the following points of contact: Name Email Phone Role COMMUNICATIONS (a) Except as specified in paragraph (b) below, no order, statement, or conduct of Government personnel who visit the Contractor's facilities or in any other manner communicates with Contractor personnel during the performance of this contract shall constitute a change under the “Changes” clause of this contract. (b) The Contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and signed by the Contracting Officer, or is pursuant to specific authority otherwise included as a part of this contract. (c) The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract and, notwithstanding provisions contained elsewhere in this contract, the said authority remains solely the Contracting Officer’s. In the event the contractor effects any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in charges incurred as a result thereof. The address and telephone number of the Principal Contracting Officer is: NAVSUP Fleet Logistics Center Norfolk Conrtracting Department, Philadelphia Office 700 Robbins Ave., Bldg. 2B Philadelphia, PA 19111-5083 Leanne Hanger (215) 697-9691 N00189-11-R-Z051 Page 42 of 70 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE GOVERNMENT OF A TERRORIST COUNTRY (252.209-7004) (DEC 2006) a) Unless the Government determines that there is a compelling reason to do so, the Contractor shall not enter into any subcontract in excess of $30,000 with a firm, or a subsidiary of a firm, that is identified in the Excluded Parties List System as being ineligible for the award of Defense contracts or subcontracts because it is owned or controlled by the government of a terrorist country. (b) A corporate officer or a designee of the Contractor shall notify the Contracting Officer, in writing, before entering into a subcontract with a party that is identified, on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs, as being ineligible for the award of Defense contracts or subcontracts because it is owned or controlled by the government of a terrorist country. The notice must include the name of the proposed subcontractor and the compelling reason(s) for doing business with the subcontractor notwithstanding its inclusion on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs. PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (FAR 52.204-9) (JAN 2006) (a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201. (b) The Contractor shall insert this clause in all subcontracts when the subcontractor is required to have physical access to a federally-controlled facility or access to a Federal information system. (End of Clause) NAVSUP 5252.204-9400 Contractor Access to Federally Controlled Facilities and/or Unclassified Sensitive Information or Unclassified IT Systems (May 2010) Homeland Security Presidential Directive (HSPD)-12, requires government agencies to develop and implement Federal security standards for Federal employees and contractors. The Deputy Secretary of Defense Directive-Type Memorandum (DTM) 08-006 – “DoD Implementation of Homeland Security Presidential Directive – 12 (HSPD-12)” dated November 26, 2008 (or its subsequent DoD instruction) directs implementation of HSPD-12. This clause is in accordance with HSPD-12 and its implementing directives. This clause applies to contractor employees requiring physical access to any area of a federally controlled base, facility or activity and/or requiring access to a DoD computer/network, to perform certain unclassified both non-sensitive and sensitive duties. It is the responsibility of the command/facility where the work is performed to ensure compliance. The requirement to control access to sensitive information applies to all US government IT systems and/or areas where unclassified but sensitive information may be discussed, displayed or maintained. DON policy prescribes that all unclassified data that has not been approved for public release and is stored on mobile computing devises must be treated as sensitive data and encrypted using commercially available encryption technology. Whenever granted access to sensitive information, contractor employees shall follow applicable DoD/DoN instructions, regulations, policies and procedures when reviewing, processing, producing, protecting, destroying and/or storing that information. Operational Security (OPSEC) procedures and practices must be implemented by both the contractor and contract employee to protect the product, information, services, operations and missions related to the contract. The contractor shall designate an employee to serve as the Contractor’s Security Representative. Within three work days after contract award, the contractor shall provide to the Navy Command’s Security Manager and the Contracting Officer, in writing, the name, title, address and phone number for the Contractor’s Security Representative. The Contractor’s Security Representative shall be the primary point of contact on any security matter. The Contractor’s Security Representative shall not be replaced or removed without prior notice to the Contracting Officer. N00189-11-R-Z051 Page 43 of 70 Non-Sensitive Positions Contractor employee whose work is unclassified and non-sensitive (e.g., performing certain duties such as lawn maintenance, vendor services, etc ...) and who require physical access to publicly accessible areas to perform those duties shall meet the following minimum requirements: Must be either a US citizen or a US permanent resident with a minimum of 3 years legal residency in the US (as required by The Deputy Secretary of Defense DTM 08-006 or its subsequent DoD instruction) and Must have a favorably completed National Agency Check with Written Inquiries (NACI) including a Federal Bureau of Investigation (FBI) fingerprint check prior to installation access. To be considered for a favorable trustworthiness determination, the Contractor’s Security Representative must submit for all employees each of the following: SF-85 Questionnaire for Non-Sensitive Positions Two FD-258 Applicant Fingerprint Cards Original Signed Release Statements The contractor shall ensure each individual employee has a current favorably completed NACI. The Contractor’s Security Representative shall be responsible for initiating reinvestigations as required. Failure to provide the required documentation at least 30 days prior to the individual’s start date shall result in delaying the individual’s start date. Sensitive Positions Contractor employee whose duties require accessing a DoD unclassified computer/network, working with sensitive unclassified information (either at a Government or contractor facility), or physical access to a DoD facility must be a US citizen and possess a favorable trustworthiness determination prior to installation access. To obtain a favorable trustworthiness determination, each contractor employee must have a favorably completed National Agency Check with Local Credit Checks (NACLC) which consists of a NACI including a FBI fingerprint check plus credit and law enforcement checks. Each contractor employee applying for a trustworthiness determination is required to complete: SF-85P Questionnaire for Public Trust Positions Two FD-258 Applicant Fingerprint Cards Original Signed Release Statements Failure to provide the required documentation at least 30 days prior to the individual’s start date shall result in delaying the individual’s start date. To maintain continuing authorization for an employee to access a DoD unclassified computer/network, and/or have access to sensitive unclassified information, the contractor shall ensure that the individual employee has a current requisite background investigation. The Contractor’s Security Representative shall be responsible for initiating reinvestigations as required and ensuring that background investigations remain current (not older than 10 years) throughout the contract performance period. IT Systems Access When access to IT systems is required for performance of the contractor employee’s duties, such employees shall in-process with the Navy Command’s Security Manager and Information Assurance Manager upon arrival to the Navy command and shall out-process prior to their departure at the completion of the individual’s performance under the contract. Completion and approval of a System Authorization Access Request Navy (SAAR-N) form is required for all individuals accessing Navy Information Technology resources. The SAAR-N shall be forwarded to the Navy Command’s Security Manager at least 30 days prior to the individual’s start date. Failure to provide the N00189-11-R-Z051 Page 44 of 70 required documentation at least 30 days prior to the individual’s start date shall result in delaying the individual’s start date. When required to maintain access to required IT systems or networks, the contractor shall ensure that all employees requiring access complete annual Information Assurance (IA) training, and maintain a current requisite background investigation. The Contractor’s Security Representative shall contact the Command Security Manager for guidance when reinvestigations are required. Security Approval Process The Contractor’s Security Representative shall ensure that each individual employee pending assignment shall accurately complete the required forms for submission to the Navy Command’s Security Manager. The Contractor’s Security Representative shall screen the investigative questionnaires for completeness and accuracy and for potential suitability/security issues prior to submitting the request to the Navy Command’s Security Manager. Forms and fingerprint cards may be obtained from the Navy Command’s Security Manager. These required items, shall be forwarded to the Navy Command's Security Manager for processing at least 30 days prior to the individual employee’s anticipated date for reporting for duty. The Navy Command’s Security Manager will review the submitted documentation for completeness prior to submitting it to the Office of Personnel Management (OPM). Suitability/security issues identified by the Navy Command’s Security Manager may render the contract employee ineligible for the assignment. A favorable review of the questionnaire and advance fingerprint results are required as an interim measure prior to the contract employee start date. An unfavorable determination made by the Navy Command’s Security Manager is final and such a determination does not relieve the contractor from meeting any contractual obligation under the contract. If contractor employees already possess a current favorably adjudicated investigation, the Navy Command’s Security Manager will use the Visit Authorization Request (VAR) via the Joint Personnel Adjudication System (JPAS). The contractor shall include the IT Position Category per SECNAV M-5510.30 for each employee designated on a VAR. The VAR requires annual renewal for the duration of the employee’s performance under the contract. The Navy Command’s Security Manager will forward the required forms to OPM for processing. Once the investigation is complete, the results will be forwarded by OPM to the DON Central Adjudication Facility (CAF) for a position of trust determination. When a favorable determination is not made, contractor employees shall not be permitted to work on this contract effort and if already working on the contract shall be removed immediately. The potential consequences of any requirements under this clause including denial of access for a proposed contractor employee who fails to obtain a favorable trustworthiness determination in no way relieves the contractor from the requirement to execute performance under the contract within the timeframes specified in the contract. Contractors shall plan ahead in processing their employees and subcontractor employees for working in non-sensitive positions, with sensitive information, and/or on Government IT systems. The contractor shall insert this clause in all subcontracts when the subcontractor is permitted to have physical access to a federally controlled facility and/or access to a federally-controlled information system/network and/or access to government information. N00189-11-R-Z051 Page 45 of 70 Section H - Special Contract Requirements LIABILITY INSURANCE (COST TYPE CONTRACTS) (FISC DET PHILA) (OCT 1992) The following types of insurance are required in accordance with the clause entitled, INSURANCE-LIABILITY TO THIRD PERSONS (FAR 52.228-7) and shall be maintained in the minimum amounts shown: (1) Comprehensive General Liability: $200,000 per person and $500,000 per accident for bodily injury. No property damage general liability insurance is required. (2) Automobile Insurance: $200,000 per person and $500,000 per accident for bodily injury and $20,000 per accident for property damage. Comprehensive form of policy is required. (3) Standard Workmen’s Compensation and Employer’s Liability Insurance (or, where maritime employment is involved, Longshoremen’s and Harbor Worker's Compensation Insurance) in the minimum amount of $100,000. PREDETERMINATION OF RIGHTS IN TECHNICAL DATA (FISC DET PHILA) (OCT 1992) (a) The offeror is requested to identify in his proposal which of the below listed data (including data to be furnished in whole or in part by a subcontractor) when delivered, he intends to identify as limited rights data in accordance with paragraph (b) of the Rights in Technical Data and Computer Software clause of this solicitation. This identification need not be made as to data, which relate to standard commercial items, which are manufactured by more than one source of supply. (b) Limited rights data may be identified as such, pursuant to (a) above only if it pertains to items, components or processes developed at private expense. Nevertheless, it cannot be so identified if it comes within paragraph (b)(1) of the Rights in Technical Data and Computer Software clause. At the request of the Contracting Officer or his representative, the offeror agrees to furnish clear and convincing evidence that the data, which will be so identified comes within the definition of limited rights data. (c) The listing of a data item in paragraph (a) above does not mean that the Government considers such item to come within the definition of limited rights data. (d) If completion of predetermination proves impracticable before award, the Contractor shall promptly complete the identification of limited rights with respect to that data listed in the solicitation for which predetermination was proposed. If contractual requirements relating to design or data items are changed during the course of a contract, the Contractor shall promptly identify limited rights data relating to the changed requirements. APPOINTMENT OF CONTRACTING OFFICER’S REPRESENTATIVE (FISC DET PHILA) (OCT 1992) (a) The Contracting Officer hereby designates the following individual as Contracting Officer’s Representative(s) (COR) for this contract: TO BE NAMED AT TIME OF CONTRACT AWARD NAME CODE __________________________________________ MAIL ADDRESS N00189-11-R-Z051 Page 46 of 70 __________________________________________ TELEPHONE NUMBER (b) In the absence of the COR named above, all responsibilities and functions assigned to the COR shall be the responsibility of the alternate COR acting on behalf of the COR. The Contracting Officer hereby appoints the following individual as the alternate COR: __________________________________________ NAME CODE __________________________________________ MAIL ADDRESS __________________________________________ TELEPHONE NUMBER (c) The COR will act as the Contracting Officer’s representative for technical matters, providing technical direction and discussion as necessary with respect to the specification or statement of work, and monitoring the progress and quality of contractor performance. The COR is not an Administrative Contracting Officer and does not have authority to take any action, either directly or indirectly, that would change the pricing, quantity, quality, place of performance, delivery schedule, or any other terms and conditions of the contract (or delivery/task order), or to direct the accomplishment of effort which goes beyond the scope of the statement of work in the contract (or delivery/task order). (d) It is emphasized that only a Contracting officer has the authority to modify the terms of the contract, therefore, in no event will any understanding, agreement, modification, change order, or other matter deviating from the terms of the basic contract between the contractor and any other person be effective or binding on the Government. When/if, in the opinion of the contractor, an effort outside the existing scope of the contract (or delivery/task order) is requested, the contractor shall promptly notify the PCO in writing. No action shall be taken by the contractor under such direction unless the PCO or ACO has issued a contractual change or otherwise resolved the issue. DRUG-FREE WORK FORCE (DFARS 252.223-7004) (SEP 1988) (a) Definitions. (1) Employee in a sensitive position, as used in this clause, means an employee who has been granted access to classified information; or employees in other positions that the Contractor determines involve national security, health or safety, or functions other than the foregoing requiring a high degree of trust and confidence. (2) Illegal drugs, as used in this clause, means controlled substances included in Schedule I and II, as defined by section 802(6) of Title 21 of the United States Code, the possession of which is unlawful under Chapter 13 of that Title. The term illegal drugs does not mean the use of a controlled substance pursuant to a valid prescription or other uses authorized by law. (b) The Contractor agrees to institute and maintain a program for achieving the objective of a drug-free work force. While this clause defines criteria for such a program, contractors are encouraged to implement alternative approaches comparable to the criteria in paragraph (c) that are designed to achieve the objectives of this clause. (c) Contractor programs shall include the following, or appropriate alternatives: (1) Employee assistance programs emphasizing high level direction, education, counseling, rehabilitation, and coordination with available community resources; (2) Supervisory training to assist in identifying and addressing illegal drug use by Contractor employees; (3) Provision for self-referrals as well as supervisory referrals to treatment with maximum respect for individual confidentiality consistent with safety and security issues; N00189-11-R-Z051 Page 47 of 70 (4) Provision for identifying illegal drug users, including testing on a controlled and carefully monitored basis. Employee drug testing programs shall be established taking account of the following: (i) The Contractor shall establish a program that provides for testing for the use of illegal drugs by employees in sensitive positions. The extent of and criteria for such testing shall be determined by the Contractor based on considerations that include the nature of the work being performed under the contract, the employee’s duties, the efficient use of Contractor resources, and the risks to health, safety, or national security that could result from the failure of an employee adequately to discharge his or her position. (ii) In addition, the Contractor may establish a program for employee drug testing- (A) When there is a reasonable suspicion that an employee uses illegal drugs; or (B) When an employee has been involved in an accident or unsafe practice; (C) As part of or as a follow-up to counseling or rehabilitation for illegal drug use; (D) As part of a voluntary employee drug testing program. (iii) The Contractor may establish a program to test applicants for employment for illegal drug use. (iv) For the purpose of administering this clause, testing for illegal drugs may be limited to those “ substances for which testing is prescribed by section 2.1 of Subpart B of the Mandatory Guidelines for Federal Workplace Drug Testing Programs, (53 FR 11980 (April 11, 1988)), issued by the Department of Health and Human Services. (d) Contractors shall adopt appropriate personnel procedures to deal with employees who are found to be using drugs illegally. Contractors shall not allow any employee to remain on duty or perform in a sensitive position who is found to use illegal drugs until such time as the Contractor, in accordance with procedures established by the Contractor, determines that the employee may perform in such a position. (e) The provisions of this clause pertaining to drug testing programs shall not apply to the extent they are inconsistent with state or local law, or with an existing collective bargaining agreement; provided that with respect to the latter, the Contractor agrees that those issues that are in conflict will be a subject of negotiation at the next collective bargaining session. N00189-11-R-Z051 Page 48 of 70 Section I - Contract Clauses CLAUSES – ALL CONTRACT TYPES The following contract clauses are hereby incorporated by reference: Clause No. Title 52.202-1 Definitions (JUL 2004) 52.203-5 Covenant Against Contingent Fees (APR 1984) 52.203-7 Anti-Kickback Procedures (OCT 2010) 52.204-4 Printing/Copying Double-Sided on Recycled Paper (AUG 2000) 52.222-50 Combating Trafficking in Persons (FEB 2009) 52.223-14 Toxic Chemical Release Reporting (AUG 2003) 52.225-13 Restrictions on Certain Foreign Purchases (MAR 2005) 252.225-7031 Secondary Arab Boycott of Israel (JUN 2005) 252.231-7000 Supplemental Cost Principles (DEC 1991) 52.203-3 Gratuities (APR 1984) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (JAN 1997) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (JAN 1997) 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (SEP 2007) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (OCT 2010) 52.204-7 Central Contractor Registration (APR 2008) 52.204-9 Personal Identity Verification Of Contractor Personnel (JAN 2011) 52.204-10 Reporting Subcontract Awards (JUL 2010) 52.209-5 Prohibition On Contracting With Inverted Domestic Corporations—Representation (JUL 2009) 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (DEC 2010) 52.209-7 Information Regarding Responsibility Matters (JAN 2011) 52.215-2 Audit and Records - Negotiation (MAR 2009) 52.215-8 Order of Precedence-Uniform Contract Format (OCT 1997) 52.215-14 Integrity of Unit Prices (OCT 1997) 52.219-8 Utilization of Small Business Concerns (JAN 2011) 52.219-9 Small Business Subcontracting Plan (JAN 2011) 52.219-16 Liquidated Damages-Subcontracting Plan (JAN 1999) 52.219-28 Post Award Small Business Program Re-representation (APR 2009) 52.222-3 Convict Labor (JUN 2003) 52.222-21 Prohibition of Segregated Facilities (FEB 1999) 52.222-26 Equal Opportunity (APR 2002) 52.222-35 Equal Opportunity for Veterans (SEP 2010) 52.222-36 Affirmative Action for Workers with Disabilities (OCT 2010) 52.222-37 Employment Reports on Veterans (SEP 2010) 52.222-38 Compliance With Veterans' Employment Reporting Requirements (SEP 2010) 52.222-50 Combating Trafficking in Persons – ALTERNATE I (AUG 2007) 52.223-5 Pollution Prevention and Right-to-Know Information (AUG 2003) 52.223-6 Drug-Free Workplace (MAY 2001) 52.223-10 Waste Reduction Program (AUG 2000) 52.224-1 Privacy Act Notification (APR 1984) N00189-11-R-Z051 Page 49 of 70 52.224-2 Privacy Act (APR 1984) 52.225-13 Restrictions on Certain Foreign Purchases (FEB 2006) 52.226-1 Utilization of Indian Organizations and Indian-Owned Economic Enterprises (JUN 2000) 52.230-2 Cost Accounting Standards (OCT 2008) 52.230-3 Disclosure and Consistency of Cost Accounting Practices (OCT 2008) 52.230-6 Administration of Cost Accounting Standards (JUN 2010) 52.230-7 Proposal disclosure – Cost Accounting Practice Changes (APR 2005) 52.232-17 Interest (OCT 2008) 52.232-18 Availability of Funds (APR 1984) 52.232-23 Assignment of Claims (JAN 1986) 52.232-23 ALTERNATE I (APR 1984) 52.232-25 Prompt Payment (OCT 2008) (a)(5)(i)___7 days____________ (b)(1) 30 days 52.232-33 Payment by Electronic Funds Transfer - Central Contractor Registration (OCT 2003) 52.233-1 Disputes (JUL 2002) 52.239-1 Privacy or Security Safeguards (AUG 1996) 52.242-1 Notice of Intent to Disallow Costs (APR 1984) 52.242-13 Bankruptcy (JUL 1995) 52.244-2 Subcontracts (JUN 2007) 52.244-6 Subcontracts for Commercial Items (DEC 2010) 52.245-1 Government Property (AUG 2010) 52.248-1 Value Engineering (OCT 2010) 52.253-1 Computer Generated Forms (JAN 1991) 252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense-Contract-Related Felonies (MAR 1999) 252.204-7003 Control of Government Personnel Work Product (APR 1992) 252.205-7000 Provision of Information to Cooperative Agreement Holders (DEC 1991) 252.219-7003 Small Business Subcontracting Plan (DoD Contracts) (APR 2007) 252.225-7001 Buy American Act and Balance of Payments Program (JUN 2005) 252.225-7002 Qualifying Country Sources as Subcontractors (APR 2003) 252.225-7012 Preference for Certain Domestic Commodities (JUN 2004) 252.225-7021 Trade Agreements (MAR 2007) 252.226-7001 Utilization of Indian Organization, Indian-Owned Economic and Native Hawaiian Small Business Concerns (SEP 2004) 252.227-7013 Rights in Technical Data - Noncommercial Items (NOV 1995) 252.227-7016 Rights in Bid or Proposal Information (JUN 1995) 252.227-7030 Technical Data - Withholding of Payment (MAR 2000) 252.227-7037 Validation of Restrictive Markings on Technical Data (SEP 1999) 252.232-7003 Electronic Submission of Payment Requests (MAR 2007) 252.232-7010 Levies On Contract Payments (DEC 2006) 252.242-7004 Material Management and Accounting System (NOV 2005) 252.243-7001 Pricing of Contract Modifications (DEC 1991) 252.246-7000 Material Inspection and Receiving Report (MAR 2003) 252.246-7001 Warranty of Data (DEC 1991) CLAUSES - FIXED-PRICE SERVICE The following contract clauses are hereby incorporated by reference: Clause No Title N00189-11-R-Z051 Page 50 of 70 52.203-6 Restrictions on Subcontractor Sales to the Government (JUL 1995) 52.232-1 Payments (APR 1984) 52.233-3 Protest after Award (AUG 1996) 52.217-8 Option to Extend Services (NOV 1999) 52.222-50 Combating Trafficking in Persons (APR 2006) 52.228-5 Insurance-Work on a Government Installation (JAN 1997) 52.229-3 Federal, State, and Local Taxes (APR 2003) 52.229-4 Federal, State, and Local Taxes (Noncompetitive Contract) (APR 2003) 52.232-8 Discounts for Prompt Payment (FEB 2002) 52.232-11 Extras (APR 1984) 52.232-19 Availability of Funds for the Next Fiscal Year (APR 1984) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984) 52.237-3 Continuity of Services (JAN 1991) 52.245-2 Government Property (Fixed-Price Contracts) (AUG 2010) 52.246-25 Limitation of Liability-Services (FEB 1997) 52.249-2 Termination for Convenience of the Government (Fixed-Price)(MAY 2004) 52.249-8 Default (Fixed-Price Supply and Service) (APR 1984) 252.201-7000 Contracting Officer’s Representative (DEC 1991) CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://farsite.hill.af.mil/vffara.htm (FAR/DFARS) OPTION TO EXTEND THE TERM OF THE CONTRACT (FAR 52.217-9) (MAR 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 30 days before the contract expires. (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 36 months. SECTION J - LIST OF EXHIBITS/ATTACHMENTS Attachment I- Contract Administration Plan (CAP) for both CPFF and FFP contracts Attachment II - Quality Assurance Surveillance Plan (QASP) Attachment III– Corporate Experience Past Performance Information Form N00189-11-R-Z051 Page 51 of 70 Section K Representations, Certifications, and Other Statements of Offeror The following provisions are hereby incorporated into section K by reference: Provision No Title 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (SEP 2005) 252.247-7022 REPRESENTATION OF EXTENT OF TRANSPORTATION BY SEA (AUG 1992) (b) Representation. The Offeror represents that it-- _______ Does anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation. _______ Does not anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation. 252.247-7024 NOTIFICATION OF TRANSPORTATION OF SUPPLIES BY SEA (MAR 2000) TECHNICAL DATA OR COMPUTER SOFTWARE PREVIOUSLY DELIVERED TO THE GOVERNMENT (DFARS 252.227-7028) (JUN 1995) The Offeror shall attach to its offer an identification of all documents or other media incorporating technical data or computer software it intends to deliver under this contract with other than unlimited rights that are identical or substantially similar to documents or other media that the Offeror has produced for, delivered to, or is obligated to deliver to the Government under any contract or subcontract. The attachment shall identify- (a) The contract number under which the data or software were produced; (b) The contract number under which, and the name and address of the organization to whom the data or software were most recently delivered or will be delivered; and (c) Any limitations on the Government’s rights to use or disclose the data or software, including, when applicable, identification of the earliest date the limitations expire. TAXPAYER IDENTIFICATION (FAR 52.204-3) (OCT 1998) (a) Definitions. “Common parent,” as used in this solicitation provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member. “Taxpayer Identification Number (TIN),” as used in this provision, means the number required by the Internal Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be either a Social Security Number or an Employer Identification Number. (b) All offerors must submit the information required in paragraphs (d) through (f) 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 IRS. If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract. N00189-11-R-Z051 Page 52 of 70 (c) 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. (d) Taxpayer Identification Number (TIN) TIN:___________________. TIN has been applied for. TIN is not required because: 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; Offeror is an agency or instrumentality of a foreign government; Offeror is an agency or instrumentality of the Federal Government. (e) Type of Organization Sole proprietorship; Partnership; Corporate entity (not tax-exempt); Corporate entity (tax-exempt); Government entity (Federal, State, or local); Foreign government; International organization per 26 CFR 1.6049-4; Other: _________________________________________________ (f) Common Parent. Offeror is not owned or controlled by a common parent. Name and TIN of common parent: Name_____________________________ TIN _____________________________ AUTHORIZED NEGOTIATORS (APR 1998) The offer or quote represents that the following persons are authorized to negotiate on its behalf with the Government in connection with this request for proposals or quotations: [list names, titles, and telephone numbers of authorized negotiators] NAME TITLE TELEPHONE NO. _______________________________ ____________________________ _______________________ _______________________________ ____________________________ _______________________ _______________________________ ____________________________ _______________________ (End of Provision) Certification Regarding Responsibility Matters (FAR 52.209-5) (Dec 2008) (a) N00189-11-R-Z051 Page 53 of 70 (1) The Offeror certifies, to the best of its knowledge and belief, that -- (i) The Offeror and/or any of its Principals -- (A) Are * are not * presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (B) Have * 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 public (Federal, state, or local) 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; and (C) Are * are not * presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision; and (D) Have [ ], 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. (1) Federal taxes are considered delinquent if both of the following criteria apply: (i) 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. (ii) 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. (2) Examples. (i) 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. (ii) 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 N00189-11-R-Z051 Page 54 of 70 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. (iii) 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. (iv) 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). (ii) The Offeror has [ ] has not [ ], within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency. (2) “Principal,” for the purposes of this certification, means an officer; director; owner; partner; or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment, and similar positions). This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code. (b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. (c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror’s responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible. (d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. (e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default. (End of Provision) PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FAR 52.222-22) (FEB 1999) The offeror represents that (a) It ___ has, ___ has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; N00189-11-R-Z051 Page 55 of 70 (b) It ___ has, ___ has not, filed all required compliance reports, and; (c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards. AFFIRMATIVE ACTION COMPLIANCE (FAR 52.222-25) (APR 1984) The offeror represents that (a) it ___ has developed and has on file, ___ has not developed and does not have on file, at each establishment, affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2), or (b) it ___ has not previously held contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. REPRESENTATION REGARDING EMPLOYMENT OF DEPARTMENT OF DEFENSE PERSONNEL (FISC DET PHILA) (OCT 1992) The contractor represents that he does ( ), does not ( ), now employ or intend to employ (on either a full or part time basis) any current Department of Defense (DoD) personnel (civilian or military) for work or consultation under this contract. Affirmative representations must be fully explained in writing and attached hereto [include the names of such persons and the DoD activity employs them]. WOMEN-OWNED BUSINESS (FAR 52.204-5) (MAY 1999) (a) Definition. “Women-owned business concern,” as used in this provision, means a concern 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 its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women. (b) Representation. [Complete only if the offeror is a women-owned business concern and has not represented itself as a small business concern in paragraph (b)(1) of FAR 52.219-1, Small Business Program Representation, of this solicitation.] The offeror represents that it [ ] is a women-owned business concern. SMALL BUSINESS PROGRAM REPRESENTATIONS (52.219-1) (JAN 2011) (a) (1) The North American Industry Classification System (NAICS) code for this acquisition is _________________________ [insert NAICS code]. (2) The small business size standard is _____________ [insert size standard]. (3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees. (b) Representations. (1) The offeror represents as part of its offer that it * is, * is not a small business concern. N00189-11-R-Z051 Page 56 of 70 (2) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents, for general statistical purposes, that it * is, * is not, a small disadvantaged business concern as defined in 13 CFR 124.1002. (3) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents as part of its offer that it * is, * is not a women-owned small business concern. (4) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents as part of its offer that it * is, * is not a veteran-owned small business concern. (5) [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (b)(4) of this provision.] The offeror represents as part of its offer that is * is, * is not a service-disabled veteran-owned small business concern. (6) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents, as part of its offer, that – (i) It * is, * 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 * is, * is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (b)(6)(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. (c) Definitions. As used in this provision-- “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 the size standard in paragraph (a) of this provision. “Veteran-owned small business concern” means a small business concern— N00189-11-R-Z051 Page 57 of 70 (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 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. (d) Notice. (1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be furnished. (2) Under 15 U.S.C. 645(d), any person who misrepresents a firm’s status as a small, HUBZone small, small disadvantaged, or women-owned small business concern in order to obtain a contract to be awarded under the preference programs established pursuant to section 8(a), 8(d), 9, or 15 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall -- (i) Be punished by imposition of fine, imprisonment, or both; (ii) Be subject to administrative remedies, including suspension and debarment; and (iii) Be ineligible for participation in programs conducted under the authority of the Act. (End of Provision) DISCLOSURE OF OWNERSHIP OR CONTROL BY THE GOVERNMENT OF A TERRORIST COUNTRY (DFARS 252.209-7001) (SEP 2004) (a) Definitions. As used in this provision— (1) “Government of a terrorist country” includes the state and the government of a terrorist country, as well as any political subdivision, agency, or instrumentality thereof. (2) “Terrorist country” means a country determined by the Secretary of State, under section 6(j)(1)(A) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(i)(A)), to be a country the government of which has repeatedly provided support for acts of international terrorism. As of the date of this provision, terrorist countries subject to this provision include: Cuba, Iran, Libya, North Korea, Sudan, and Syria. (3) “Significant interest” means— (i) Ownership of or beneficial interest in 5 percent or more of the firm’s or subsidiary’s securities. Beneficial interest includes holding 5 percent or more of any class of the firm’s securities in “nominee shares,” “street N00189-11-R-Z051 Page 58 of 70 names,” or some other method of holding securities that does not disclose the beneficial owner; (ii) Holding a management position in the firm, such as a director or officer; (iii) Ability to control or influence the election, appointment, or tenure of directors or officers in the firm; (iv) Ownership of 10 percent or more of the assets of a firm such as equipment, buildings, real estate, or other tangible assets of the firm; or (v) Holding 50 percent or more of the indebtedness of a firm. (b) Prohibition on award. In accordance with 10 U.S.C. 2327, no contract may be awarded to a firm or a subsidiary of a firm if the government of a terrorist country has a significant interest in the firm or subsidiary or, in the case of a subsidiary, the firm that owns the subsidiary, unless a waiver is granted by the Secretary of Defense. (c) Disclosure. If the government of a terrorist country has a significant interest in the Offeror or a subsidiary of the Offeror, the Offeror shall disclose such interest in an attachment to its offer. If the Offeror is a subsidiary, it shall also disclose any significant interest the government of a terrorist country has in any firm that owns or controls the subsidiary. The disclosure shall include— (1) Identification of each government holding a significant interest; and (2) A description of the significant interest held by each government. DISCLOSURE OF OWNERSHIP OR CONTROL BY A FOREIGN GOVERNMENT (DFARS 252.209-7002) (JUN 2005) (a) Definitions. As used in this provision— (1) “Effectively owned or controlled” means that a foreign government or any entity controlled by a foreign government has the power, either directly or indirectly, whether exercised or exercisable, to control the election, appointment, or tenure of the Offeror’s officers or a majority of the Offeror’s board of directors by any means, e.g., ownership, contract, or operation of law (or equivalent power for unincorporated organizations). (2) “Entity controlled by a foreign government”— (i) Means— (A) Any domestic or foreign organization or corporation that is effectively owned or controlled by a foreign government; or (B) Any individual acting on behalf of a foreign government. (ii) Does not include an organization or corporation that is owned, but is not controlled, either directly or indirectly, by a foreign government if the ownership of that organization or corporation by that foreign government was effective before October 23, 1992. (3) “Foreign government” includes the state and the government of any country (other than the United States and its outlying areas) as well as any political subdivision, agency, or instrumentality thereof. N00189-11-R-Z051 Page 59 of 70 (4) “Proscribed information” means— (i) Top Secret information; (ii) Communications Security (COMSEC) information, except classified keys used to operate secure telephone units (STU IIIs); (iii) Restricted Data as defined in the U.S. Atomic Energy Act of 1954, as amended; (iv) Special Access Program (SAP) information; or (v) Sensitive Compartmented Information (SCI). (b) Prohibition on award. No contract under a national security program may be awarded to an entity controlled by a foreign government if that entity requires access to proscribed information to perform the contract, unless the Secretary of Defense or a designee has waived application of 10 U.S.C. 2536(a). (c) Disclosure. The Offeror shall disclose any interest a foreign government has in the Offeror when that interest constitutes control by a foreign government as defined in this provision. If the Offeror is a subsidiary, it shall also disclose any reportable interest a foreign government has in any entity that owns or controls the subsidiary, including reportable interest concerning the Offeror’s immediate parent, intermediate parents, and the ultimate parent. Use separate paper as needed, and provide the information in the following format: Offeror’s Point of Contact for Questions about Disclosure (Name and Phone Number with Country Code, City Code and Area Code, as applicable) Name and Address of Offeror Name and Address of Entity Controlled by a Foreign Description of Interest, Ownership Percentage, and Government Identification of Foreign Government ANNUAL REPRESENTATIONS AND CERTIFICATIONS (52.204-8) (Jan 2011) (a) (1) The North American Industry classification System (NAICS) code for this acquisition is ____________ [insert NAICS code]. (2) The small business size standard is ____________ [insert size standard]. (3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees. (b) N00189-11-R-Z051 Page 60 of 70 (1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies. (2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certification in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes: [_] (i) Paragraph (d) applies. [_] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation. (c) (1) The following representations or certifications in ORCA are applicable to this solicitation as indicated: (i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless— (A) The acquisition is to be made under the simplified acquisition procedures in Part 13; (B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or (C) The solicitation is for utility services for which rates are set by law or regulation. (ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000. (iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the clause at 52.204-7, Central Contractor Registration. (iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that— (A) Are not set aside for small business concerns; (B) Exceed the simplified acquisition threshold; and (C) Are for contracts that will be performed in the United States or its outlying areas. (v) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold. (vi) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government. N00189-11-R-Z051 Page 61 of 70 (vii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government. (viii) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas. (A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard. (B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard. (ix) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas. (x) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity. (xi) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity. (xii) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items. (xiii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (xiv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items. (xv) 52.225-2, Buy American Act Certificate. This provision applies to solicitations containing the clause at 52.225-1. (xvi) 52.225-4, Buy American Act--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternate I, and Alternate II) This provision applies to solicitations containing the clause at 52.225- 3. (A) If the acquisition value is less than $25,000, the basic provision applies. (B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies. (C) If the acquisition value is $50,000 or more but is less than $67,826, the provision with its Alternate II applies. (xvii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5. N00189-11-R-Z051 Page 62 of 70 (xviii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations. (xix) 52.225-25, Prohibition on Engaging in Sanctioned Activities Relating to Iran—Certification. This provision applies to all solicitations. (xx) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to— (A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and (B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns. (2) The following certifications are applicable as indicated by the Contracting Officer: [Contracting Officer check as appropriate.] ___ (i) 52.219-19, Small Business Concern Representation for the Small Business Competitiveness Demonstration Program. ___ (ii) 52.219-21, Small Business Size Representation for Targeted Industry Categories Under the Small Business Competitiveness Demonstration Program. ___ (iii) 52.219-22, Small Disadvantaged Business Status. ___ (A) Basic. ___ (B) Alternate I. ___ (iv) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products. ___ (v) 52.222-48, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Certification. ___ (vi) 52.222-52 Exemption from Application of the Service Contract Act to Contracts for Certain Services--Certification. ___ (vii) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only). ___ (viii) 52.223-13, Certification of Toxic Chemical Release Reporting. ___ (ix) 52.227-6, Royalty Information. ___ (A) Basic. ___ (B) Alternate I. ___ (x) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software. (d) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov . After reviewing the ORCA N00189-11-R-Z051 Page 63 of 70 database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within 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 the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. 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. FAR Clause Title Date Change 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. (End of Provision) Section L Instrtuctions, Conditions, and Notices to Offerors The following provisions are hereby incorporated into section L by reference: Provision No. Title 52.204-6 Data Universal Numbering System (DUNS) Number (OCT 2003) 52.215-1 Instructions to Offerors - Competitive Acquisition (JAN 2004) 52.215-16 Facilities Capital Cost of Money (JUN 2003) 52.222-24 Preaward On-Site Equal Opportunity Compliance Evaluation (FEB 1999) 52.222-46 Evaluation of Compensation for Professional Employees (FEB 1993) 52.232-38 Submission of Electronic Funds Transfer Information With Offer (MAY 1999) COMMERCIAL AND GOVERNMENT ENTITY (CAGE) CODE REPORTING (DFARS 252.204-7001) (AUG 1999) (a) The Offeror is requested to enter its CAGE code on its offer in the block with its name and address. The CAGE code entered must be for name and address. Enter CAGE before the number. (b) If the Offeror does not have a CAGE code, it may ask the Contracting Officer to request one from the Defense Logistics Services Center (DLSC). The Contracting Officer will - (1) Ask the Contractor to complete Section B of the DD Form 2051, Request for Assignment of a Commercial and Government Entity (CAGE) Code; (2) Complete Section A and the form to DLSC; and (3) Notify the Contractor of its assigned CAGE code. (c) Do not delay submission of the offer pending receipt of a CAGE code. TYPE OF CONTRACT (FAR 52.216-1) (APR 1984) The Government contemplates award of a Firm Fixed Price Contract resulting from this solicitation. N00189-11-R-Z051 Page 64 of 70 SUBMISSION OF PROPOSALS (BEST VALUE/TRADE-OFF) I. GENERAL In addition to instructions to offerors contained elsewhere in this solicitation, the following instructions are provided. Initial proposals and any modifications thereto are to be submitted to the Contracting Officer on or before the closing date and time cited elsewhere in this Request for Proposals. Faxes, e-mails, and/or responses through NECO or any method other than Hard Copy format are not acceptable. Hand-carried proposals are not encouraged. The Contracting Office is located on a secured compound. Only personnel with current DoD Common Access Cards (CACs) or appropriate military credentials will be able to access the compound. There will be no ability to drop off the proposals outside the compound. Offerors shall submit their proposals in two separate volumes as follows: Volume I Non-price Proposal Original and 3 copies Volume II Price Proposal Original and 1 copies In addition, offers consist of and shall include the following items as part of Volume II: Solicitation cover sheet with appropriate blocks completed by the offeror Solicitation pricing pages completed by the offeror Acknowledgement of solicitation amendments pursuant to FAR 52.215-1 (if not previously acknowledged). Representations and Certifications completed by the offeror in accordance with instructions contained elsewhere in this solicitation. If the offeror has completed all of the representations and certifications required by this solicitation in ORCA in accordance with FAR 52.204-8 and DFARS 252.204-7007 ALT A, then the offeror need not submit the hardcopy Representations and Certifications. The offeror’s Small Business Subcontracting Plan (this Plan not required for Small Business offerors). The completion and submission of the above items will constitute an offer (proposal) and will be considered the offeror’s unconditional assent to the terms and conditions of this solicitation and any attachments and/or exhibits hereto. Alternate proposals are not authorized. An objection to any of the terms and conditions of the solicitation will constitute a deficiency (see FAR 15.001) which will make the offer unacceptable. Volume I Non-price Proposal This volume shall address Performance/Management Approach, Corporate Experience, Past Performance, and Socio-Economic Plan and include all information required for proposal evaluation. This volume of the proposal shall exclude any pricing information, except for the information required to be provided under the Socio-economic Plan factor, that would reveal the total pricing detailed in Volume II of the proposal. Each page of each copy should include the following legend: N00189-11-R-Z051 Page 65 of 70 Source Selection Information - See FAR 2.101 and 3.104 Volume II Price Proposal This volume shall include the completed solicitation documents and a complete and detailed price breakdown with all supporting information. Each page of each copy should include the following legend: Source Selection Information - See FAR 2.101 and 3.104 IMPORTANT NOTES: (1) Offerors shall respond to all requirements of the solicitation document. Offerors are cautioned not to alter the solicitation. (2) In the event any person who is not a bona fide employee of the offeror participated in the creation, formulation, or writing of any portion of the proposal, a certificate to this effect shall be included in the proposal which shall be signed by an officer of the offeror. Such certificate shall identify the name of the person who is not a bona fide employee, that person’s employment capacity, the name of the person’s firm, the relationship of that firm to the offeror, and the portion of the proposal in which the person participated. II. REQUIREMENTS FOR PROPOSAL CONTENT (1) Any offeror who will be submitting CLASSIFIED data in its Non-price proposal shall first notify the Contracting Officer by contacting the point of contact in the solicitation. CLASSIFIED data that is forwarded as part of an offeror’s proposal shall be housed in its own binder, separate from the unclassified portion. (2) Introduction and Purpose - This section specifies the format that offerors should use in proposals submitted in response to this solicitation. The intent is not to restrict the offerors in the manner in which they will perform their work but rather to ensure a certain degree of uniformity in the format of the proposals for evaluation purposes. (3) Each volume should contain the following items in addition to the other information required by this solicitation: Cover: The cover should indicate the following: Title of the proposal Volume Number (I or II) Solicitation number Name and address of offeror Identification of original signature copies Table of Contents: The table of contents should provide detail sufficient to allow the important elements to be easily located. The use of tabs and dividers is encouraged. (4) Requirements for Style: Each offeror shall submit a proposal that clearly and concisely sets forth the contractor’s response to the requirements of the solicitation. Unnecessary elaboration or other presentations beyond that sufficient to present a complete and effective proposal are not desired and may be construed as an indication of the offeror’s lack of cost consciousness. Elaborate artwork, expensive paper or bindings, and expensive visual or other presentation aids are neither necessary nor desired. The proposal shall contain all the pertinent information in sufficient detail in the one area of the proposal where it contributes most critically to the discussion. When necessary, the offeror shall refer to the initial discussion and identify its location within its proposal. N00189-11-R-Z051 Page 66 of 70 (5) Page Limitations Volume I, “Non-price Proposal,” is limited to a maximum of 28 pages in length inclusive of any charts, diagrams, and/or other graphics. Non-Price Evaluation Factor Page Limit (# of Pages) Performance/Management Approach 20 pages Corporate Experience and Past Performance (Use the form provided as an attachment to the Solicitation plus continuation sheets, if necessary) 6 pages Socio-Economic Plan 2 pages Each “page” is defined as one sheet, 8 ½ “ x 11”, with at least one inch margins on all sides, using a font with a point size of 12 or greater (e.g., "Times New Roman" style with 12 point font). Lines shall, at a minimum, be single-spaced. Pages shall be consecutively numbered. Multiple pages, double pages, two-sided pages, or foldouts will count as an equivalent number of 8 ½" x 11" pages. The cover sheet, table of contents (not to exceed one page per volume), tabs, and dividers will not count toward the page limit. The one exception to the font size requirement shown above is that the "corporate experience and past performance information forms" may be completed with a point size of 10 or greater. Pages submitted in excess of the page limitations described above will not be evaluated. Volume II, “Price Proposal,” is not page limited. III. PROPOSAL CONTENT (1) Volume I – Non-price Proposal The Non-price evaluation factors are listed below in descending order of importance with Corporate Experience and Past Performance being of equal importance and Performance/Management Approach, Corporate Experience, and Past Performance each being significantly more important than the Socio-Economic Plan: Performance/Management Approach Corporate Experience Past Performance Socio-Economic Plan (a) Performance/Management Approach The offeror shall provide in detail a performance/management approach that will successfully accomplish the requirements of the solicitation, including the Performance Work Statement. The offeror should describe any risks associated with the solicitation, including the Performance Work Statement and any risks associated with implementation of the offeror’s performance/management approach; describe any techniques and actions to mitigate such risks; and explain whether the techniques and actions identified for risk mitigation have been successfully used by the offeror. The offeror should describe its complete work flow, including the extent and type of resources and manpower to be utilized in performance of the resultant contract, along with a timeline of events addressing its transition of BUMED’s Financial Management Data and Systems Support (FMDSS) Program without interruption under the new resultant contract. The offeror should provide any other information the offeror considers relevant to the solicitation. (b) Corporate Experience N00189-11-R-Z051 Page 67 of 70 The offeror shall demonstrate relevant corporate experience. Relevant corporate experience is experience within the past five years that is the same as, or similar to, the scope, magnitude, and complexity of the work described by this solicitation. To demonstrate its corporate experience, the offeror shall identify up to THREE (3) of its most relevant contracts or efforts within the past five (5) years, and provide any other information the offeror considers relevant to the requirements of the solicitation. Offerors shall provide a detailed explanation demonstrating the relevance of the contracts or efforts to the requirements of the solicitation. If subcontractor experience is provided as part of the THREE (3) of its most relevant contracts or efforts, the subcontractor experience will be given weight relative to the scope, magnitude and complexity of the aspects of the work under the solicitation that the subcontractor is proposed to perform. Therefore, the offeror’s proposal shall detail clearly the aspects of the work in the solicitation that the subcontractor is proposed to perform. The corporate experience references will be evaluated in the aggregate in order to allow offerors who may not have the entire scope, magnitude, and complexity of the requirement under one individual contract to still be considered acceptable if experience with the full scope, magnitude, and complexity of the requirement can be demonstrated within the allotted number of references as described above. The offeror should complete a “Corporate Experience and Past Performance Information Form” for each reference submitted. The form is an attachment to the solicitation. The forms will count toward the Volume I page limit described above. For additional information regarding a particular reference beyond that which will fit on the form, the offeror may continue onto another sheet of paper. Such continuation sheet(s) for submitted references will count toward the Volume I page limit. Relevant references submitted under the Corporate Experience factor will also be considered in the evaluation of Past Performance. Only a single set of up to THREE (3) references shall be submitted. The corporate experience proposed for each offeror will be used to assess the extent of the offeror’s understanding of the scope, magnitude, and complexity of the requirement and the extent of risk of unsuccessful performance. NOTE: The Corporate Experience factor is defined by what relevant experience the offeror has gained under specific contracts within the five years immediately preceding the submission of its proposal; while the Past Performance factor, identified below, is defined by how well the offeror has performed over those five years. The primary focus of the Past Performance evaluation will be on those contracts identified in the proposal that are found to be relevant to the solicitation’s requirements. While Corporate Experience and Past Performance are separate evaluation factors, they principally focus on different aspects of the same contracts. Accordingly, offerors shall submit a single set of corporate experience and past performance information (maximum of [insert number] of its most relevant contracts) to satisfy the submission requirements for both factors. (c) Past Performance The offeror shall demonstrate relevant past performance or affirmatively state that it possesses no relevant past performance. Relevant past performance is performance under contacts or efforts (within the past five years) that is the same as, or similar to, the scope, magnitude, and complexity to that which is described in the solicitation. The Government will evaluate the relevant references submitted under Corporate Experience factor. Only a single set of up to THREE (3) references shall be submitted. The offeror should address its past performance in complying with requirements of the clauses at FAR 52.219-8, "Utilization of Small Business Concerns," and 52.219-9, "Small Business Subcontracting Plan." (d) Socio-Economic Plan The offeror shall address the extent of participation of small businesses, small disadvantaged businesses, women-owned small businesses, historically black colleges or universities and minority institutions, veteran-owned small businesses, service-disabled veteran-owned small businesses, and HUBZone small businesses in performance N00189-11-R-Z051 Page 68 of 70 of any resultant contract. The solicitation, however, does not require participation by such entities. The offeror shall provide targets, expressed as dollars and percentages of total contract value, for small businesses, small disadvantaged businesses, women-owned small businesses, historically black colleges or universities and minority institutions, veteran-owned small businesses, service-disabled veteran-owned small businesses, and HUBZone small businesses in any of the North American Industry Classification System (NAICS) Major Groups as determined by the Department of Commerce. The targets may provide for participation by a prime contractor, joint venture partner, teaming arrangement member, or subcontractor. Targets will be incorporated into and become part of any resultant contract. If the offeror fails to provide targets for the contract and/or any of the seven socio-economic factors, the offeror's proposal will be evaluated at zero percent and/or zero dollars for the contract and/or any socio-economic factor for which a target is not provided. However, an offeror that provides no socio-economic plan in response to this factor may be rated unacceptable. (2) Volume II – Price Volume II shall include the completed solicitation documents and a complete and detailed price breakdown with all supporting documentation. The price proposal shall support the non-price proposal. If the price proposal does not support the non-price proposal, the offeror’s proposal rating may be downgraded. The price proposal shall include a complete breakdown with all supporting data considered appropriate to support the offeror’s proposal. The pricing information shall be completed in accordance with the following: (a) Separate pricing information shall be submitted for all CLINs and for each time period specified in the pricing pages of the solicitation. (b) Supporting data including labor rates and hours, burden rates, material lists and costs, travel charges, and “other direct costs” used in developing the price breakdown shall be furnished. The supporting data for “other direct costs” shall include an itemization of those costs and an explanation and justification for each cost so itemized. (c) The following amounts (plus applicable G&A) will be utilized by the Government for evaluation purposes only in determining the total evaluated price/cost of a proposal. Travel Not To Exceed (NTE) Amount Base Period CLIN 0002 $140,000.00 CLIN 0004 $ 80,000.00 Option 1 CLIN 1002 $140,000.00 CLIN 1005 $137,000.00 Option 2 CLIN 2002 $140,000.00 CLIN 2005 $ 0.00 (i) Travel estimated above is for travel and subsistence associated with performance under any resultant contract which will be reimbursed in accordance with the clause entitled “Reimbursement of Travel Costs.” (iii) Any offeror having an accounting system which includes, within overhead or G&A, travel shall specifically state this fact within the price proposal. (f) Any and all subcontracts identified in the Non-price proposal shall be identified and priced in the price proposal. Subcontracts (regardless of dollar value) shall be adequately documented. Subcontractor price breakdowns may be submitted in separate sealed envelopes. N00189-11-R-Z051 Page 69 of 70 (g) If the offeror is currently being audited, or has been audited, by either the Defense Contract Audit Agency of the Defense Contract Management Agency (DCMA), the name and location of the assigned DCAA or DCMA office should be furnished with the price proposal. Section M Evaluation Factors for Award The following provisions are hereby incorporated into section M by reference: Provision No. Title 52.217-5 Evaluation of Options (Jul 1990) EVALUATION CRITERIA AND THE BASIS FOR AWARD (1) The Government intends to award a contract resulting from this solicitation to the responsible offeror whose proposal represents the best value after evaluation in accordance with the factors in the solicitation. The offeror’s proposal shall be in the form prescribed by, and shall contain a response to each of the areas identified in the Section L solicitation provision entitled “Submission of Proposals.” The evaluation of proposals will consider the offeror’s Non-price proposal more important than the offeror’s price proposal. (2) The non-price evaluation factors are listed below in descending order of importance with Corporate Experience and Past Performance being of equal importance and Performance/Management Approach, Corporate Experience, and Past Performance each being significantly more important than the Socio-Economic Plan: Performance/Management Approach Corporate Experience Past Performance Socio-Economic Plan The Government reserves the right to obtain information for use in the evaluation of past performance from any and all sources including sources outside of the Government. Offerors lacking relevant past performance history will not be evaluated favorably or unfavorably on past performance. However, the proposal of an offeror with no relevant past performance history, while not rated favorably or unfavorably for past performance, may not represent the most advantageous proposal to the Government and thus, may be an unsuccessful proposal when compared to the proposals of other offerors. The offeror should provide the information requested above for past performance evaluation, or affirmatively state that it possesses no relevant directly related or similar past performance. If an offeror fails to provide any past performance information which is similar in scope, magnitude and complexity to that which is detailed in the RFP or fails to affirmatively state that it possesses no relevant directly related or similar past performance, the offer may not be awardable. The Government will consider the quality of offeror’s past performance. This consideration is separate and distinct from the Contracting Officer’s responsibility determination. The assessment of the offeror’s past performance will be used as a means of evaluating the relative capability of the offeror and other competitors to successfully meet the requirements of the RFP. In determining the rating for the past performance evaluation factor, the Government will give greater consideration to the contracts which the Government feels are most relevant to the RFP. If the offeror’s proposal is determined unacceptable in any of the non-price evaluation factors and/or subfactors, the proposal may not be considered for award. The Government reserves the right to award the contract to other than the lowest priced offeror. N00189-11-R-Z051 Page 70 of 70 For CLINs 0001, 0003, 1001, 1003, and 2001, proposed prices will be evaluated on the basis of price realism. Price realism pertains to the offeror’s ability to submit a firm fixed price proposal which is realistic and reasonable for the full contract performance and which indicates that the offeror understands the nature and scope of work to be performed. An unrealistic overall firm fixed price proposal, as well as unrealistic individual costs that were used to develop the offeror’s overall firm fixed price proposal, as determined by the Contracting Officer, may also be considered in risk assessment and the offeror’s overall proposal may be downgraded. Evaluation of personnel compensation will be part of the price realism evaluation. Unrealistic rates, as determined by the Contracting Officer, may also be considered in risk assessment and the offeror’s overall proposal may be downgraded. For the purpose of preparing a price proposal, the offeror shall assume that the Base Period of Performance shall be from 01 February 2012 through 31 January 2013 with two (2) option periods as follows: OPTION 1: 01 February 2013 through 31 January 2014 OPTION 2: 01 February 2014 through 31 January 2015 The Government has estimated travel as specified below: Travel Not To Exceed (NTE) Amount Base Period CLIN 0002 (FFP) $140,000.00 CLIN 0005 (CPFF) $ 80,000.00 Option 1 CLIN 1002 (FFP) $140,000.00 CLIN 1005 (CPFF) $137,000.00 Option 2 CLIN 2002 (FFP) $140,000.00 CLIN 2005 (CPFF) $ 0.00 The Government’s estimated travel costs (plus applicable burden) shall be used for the purpose of evaluating the price proposal. Therefore, offerors shall use these estimates in preparing their price proposal. Application of G&A rates, as appropriate, will be allowed only if the contractor maintains separate accounts for such costs and will be in addition to the common evaluation amounts.
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