SOLICITATION NOTICE
D -- Establishment Evaluation System (EES) - Instructions to Offerors and Statement of Work
- Notice Date
- 8/10/2009
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 541512
— Computer Systems Design Services
- Contracting Office
- Department of Health and Human Services, Food and Drug Administration, Office of Acquisitions and Grants Services, 5630 Fishers Lane, Room 2129, Rockville, Maryland, 20857-0001
- ZIP Code
- 20857-0001
- Solicitation Number
- 1059906
- Archive Date
- 9/9/2009
- Point of Contact
- Tamara Williams, Phone: 3018277154
- E-Mail Address
-
tamara.williams@fda.hhs.gov
(tamara.williams@fda.hhs.gov)
- Small Business Set-Aside
- Total Small Business
- Description
- Instructions to Offerors and Statement of Work This is a combined synopsis /solicitation for commercial items prepared in accordance with FAR 13.5 and the format in FAR 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation. Quotations are being requested and a written solicitation will not be issued. This solicitation is issued as a Request for Quotation (RFQ) using Simplified Acquisition Procedures. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-35. This is a Total Small Business set-aside. This will be a firm fixed price contract with an IDIQ line item. The NAICS Code is 541512. The size standard is $25M. The period of performance is from Base Period 09/15/2009 – 09/14/2010 plus two1 year option periods. The contractor shall provide resources to accomplish the analysis, need/change request, requirements definitions, system testing, documentation, upgrade and installation of modifications to the FDA’s Establishment Evaluation System (EES). The Statement of Work for this solicitation is attached. The provisions at FAR 52.212-1 Instructions to Offerors- Commercial Items (June 2008), FAR 52.212-4 Contract Terms and Conditions-Commercial Items- (Mar 2009), and 52.212-2, Evaluation - Commercial Items (Jan 1999) are hereby incorporated by reference and apply to this acquisition. The following factors shall be used to evaluate offers: 1. Technical Understanding and Approach. The offeror demonstrates the ability to perform operations and maintenance support for a large mission critical application, demonstrates an understanding of the scope (Section 3) and objectives of the tasks 4.1, 4.2 and 4.3 as outlined in the SOW which is attached. The offeror demonstrates the capability and experience to utilize the System Development Life Cycle methodology. 2. Project Management and Operations. The offeror demonstrates the ability to implement sound project management principles, methodologies, preparation, performance measures, management tools, quality control, risk mitigation, and communications. Demonstrates the ability to rapidly ramp up and support additional tasks of similar nature and manage sub-contractors appropriately, if proposed. 3. Key Personnel and Staffing. The offeror demonstrates the applicability of skills and experience with respect to the tasks delineated in the SOW. Can ensure that staffing is currently available and/or committed to the contract as of the start of the proposed period of performance. Labor resources are available locally to FDA Headquarters and possess the ability to add personnel within 3 weeks upon request of the Government. 4. Past performance. Offeror should provide three references of similar efforts performed during the last three years. Include a description of the project, project title, contract number, contract amount, client identification including agency or company name, contracting and technical reviewing official, address and telephone number. Price- Offerors must provide labor categories and fully loaded hourly rates for the duration of the contract. The work shall be performed at the contractor’s facility, off-site rates must be proposed. Separate Business and Technical proposal. Selection of an offeror for contract award will be based on an evaluation of proposals against four factors and price. Technical factors are listed by order of importance. All evaluation factors other than price, when combined are significantly more important than price. In any case, the Government reserves the right to make an award without discussions. Technical proposals are limited to 15 pages. Offerors shall comply with the provision at FAR 52.212-1(b) and submit 1) an electronic copy to Tamara Williams via email at tamara.williams@fda.hhs.gov. 2) A technical description of the services being offered in sufficient detail to evaluate compliance with the requirements in this solicitation. 3) Quotation. Offeror shall include a completed copy of the provision FAR 52-212-3 Offeror Representations and Certifications- Commercial Items (Jun 2009) which can be accessed electronically from the INTERNET at the following address: https://orca.bpn.gov/. All Offerors responding to this RFQ must be registered with the Central Contractor Registration (CCR), http://www.ccr.gov/ FAR 52-212-4 Contract Terms and Conditions- Commercial Item (Mar 2009) and FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Mar 2009), 52.212-5(b)(1) Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995), 52.212-5(b)(8)(i) Notice of Total Small Business Set-Aside (June 2003), 52.212-5(b)(10)Utilization of Small Business Concerns (May 2004), 52.212-5(b)(12)Limitations on Subcontracting (Dec 1996), 52.212-5(b)(13) Liquidated Damages—Subcon-tracting Plan (Jan 1999), 52.212-5(b)(18) Post Award Small Business Program Rerepresentation (Apr 2009), 52.212-5(b)(19)Convict Labor (June 2003), 52.212-5(b)(21) Prohibition of Segregated Facilities (Feb 1999), 2.212-5(b)(23) Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006), 2.212-5(b)(24) Affirmative Action for Workers with Disabilities (Jun 1998), 2.212-5(b)(25)Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006), 2.212-5(b)(34)Restrictions on Certain Foreign Purchases (June 2008), 2.212-5(b)(39) Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003), 2.212-5(b)(42) Privacy or Security Safeguards (Aug 1996), 2.212-5(c)(3)Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option Contracts) (Nov 2006), 52.233-3 Service of Protest (Sept 2006), 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004), 52.203-6 Restrictions on Subcontractor Sales to the Government (Sept 2006), 52.219-6 Notice of Total Small Business Set-Aside (June 2003), 52.219-8 Utilization of Small Business Concerns (May 2004), 52.219-9 Small Business Subcontracting Plan (Apr 2008), 52.219-16 Liquidated Damages—Subcontracting Plan (Jan 1999), 52.222-3 Convict Labor (June 2003), 52.222-21 Prohibition of Segregated Facilities (Feb 1999), 52.222-26 Equal Opportunity (Mar 2007), 52-222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006), 52.222-36 Affirmative Action for Workers with Disabilities (June 1998), 52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006), 52.225-13, Restrictions on certain foreign purchases (June 2008), 52.232-33 Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003), 52.239-1 Privacy or Security Safeguards (Aug 1996). 52.217-5 Evaluation of Options (July 1990), 52.217-8 Option to Extend Services (Nov 1999), 52.217-9 Option to Extend the Term of the Contract (Mar 2000). 52.216-27 Single or Multiple Award (OCT 1995), 52.224-1 Privacy Act Notification (APR 1984), 52.224-1 Privacy Act (APR 1984), 52.227-14 Alt III Rights in Data - General (DEC 2007), 52.232-22 Limitation of Funds (Apr 1984), 52.216-18 Ordering (Oct 1995), 52.216-19 Order Limitations (Oct 1995). FAR provisions and clauses may be found at http://www.acquisition.gov/far/index.html. Department of Health and Human Services Acquisition Regulation (HHSAR) (48 CHAPTER 3) Clauses: REPORTING MATTERS INVOLVING FRAUD, WASTE AND ABUSE Anyone who becomes aware of the existence or apparent existence of fraud, waste and abuse in FDA funded programs is encouraged to report such matters to the HHS Inspector General’s Office in writing or on the Inspector General’s Hotline. The toll free number is 1-800-HHS-TIPS (1-800-447-8477). All telephone calls will be handled confidentially. The e-mail address is Htips@os.dhhs.gov and the mailing address is: Office of Inspector General Department of Health and Human Services TIPS HOTLINE P.O. Box 23489 Washington, D.C. 20026 PROHIBITION ON CONTRACTOR INVOLVEMENT WITH TERRORIST ACTIVITIES The contractor acknowledges that U.S. Executive Orders and Laws, including but not limited to E.O. 13224 and P.L. 107-56, prohibit transactions with, and the provision of resources and support to, individuals and organizations associated with terrorism. It is the legal responsibility of the contractor to ensure compliance with these Executive Orders and Laws. This clause must be included in all subcontracts issued under this contract. HHSAR 352.270-5 - KEY PERSONNEL (JANUARY 2006) The key personnel specified in this contract are considered to be essential to work performance. At least 30 days prior to diverting any of the specified individuals to other programs or contracts (or as soon as possible, if an individual must be replaced, for example, as a result of leaving the employ of the Contractor), the contractor shall notify the Contracting Officer and shall submit comprehensive justification for the diversion or replacement request (including proposed substitutions for key personnel) to permit evaluation by the Government of the impact on performance under this contract. The contractor shall not divert or otherwise replace any key personnel without the advance, written consent of the Contracting Officer. The Government may modify the contract to add or delete key personnel at the request of the contractor or Government. HHSAR 352.270-6 - PUBLICATIONS AND PUBLICITY (JANUARY 2006) (a) Unless otherwise specified in this contract and the Confidentiality of Information clause is included, the Contractor is encouraged to publish the results of its work under this contract. A copy of each article submitted by the Contractor for publication shall be promptly sent to the COTR. The Contractor shall also inform the COTR when the article or other publication is published, and furnish a copy of it as finally published. (b) The Contractor shall include in any publication resulting from work performed under this contract a disclaimer reading as follows: ‘‘The views expressed in written conference materials or publications and by speakers and moderators at HHS-sponsored conferences, do not necessarily reflect the official policies of the Department of Health and Human Services; nor does mention of trade names, commercial practices, or organizations imply endorsement by the U.S. Government.’’ (c) Unless authorized by the COTR, the contractor shall not display the HHS logo on any conference materials or publications. HHSAR 352.270-10 - ANTI-LOBBYING (JANUARY2006) Pursuant to the current HHS annual appropriations act, except for normal and recognized executive-legislative relationships, the Contractor shall not use any HHS contract funds for (i) publicity or propaganda purposes; (ii) the preparation, distribution, or use of any kit, pamphlet, booklet, publication, radio, television or video presentation designed to support or defeat legislation pending before the Congress or any State legislature, except in presentation to the Congress or any State legislature itself; or (iii) payment of salary or expenses of the Contractor, or any agent acting for the Contractor, related to any activity designed to influence legislation or appropriations pending before the Congress or any State legislature. HHSAR 352.270-11 - PRIVACY ACT (JANUARY 2006) This contract requires the Contractor to perform one or more of the following: (a) Design; (b) develop; or (c) operate a Federal agency system of records to accomplish an agency function in accordance with the Privacy Act of 1974 (Act) (5 U.S.C. 552a(m)(1)) and applicable agency regulations. The term ‘‘system of records’’ means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. Violations of the Act by the Contractor and/or its employees may result in the imposition of criminal penalties (5 U.S.C. 552a (i)). The Contractor shall ensure that each of its employees knows the prescribed rules of conduct and that each employee is aware that he/she is subject to criminal penalties for violation of the Act to the same extent as HHS employees. These provisions also apply to all subcontracts awarded under this contract which require the design, development or operation of the designated system(s) of records (5 U.S.C. 552a (m) (1)). The contract work statement: (a) identifies the system(s) of records and the design, development, or operation work to be performed by the Contractor; and (b) specifies the disposition to be made of such records upon completion of contract performance. 45 CFR Part 5b contains additional information which includes the rules of conduct and other Privacy Act requirements and can be found at: http://www.access.gpo.gov/nara/cfr/waisidx_06/45cfr5b_06.html. HHSAR 352.270-13 - TOBACCO-FREE FACILITIES (JANUARY 2006) In accordance with Department of Health and Human Services (HHS) policy, the Contractor and its staff are prohibited from using tobacco products of any kind (e.g., cigarettes, cigars, pipes, and smokeless tobacco) while on any HHS property, including use in personal or company vehicles operated by Contractor employees while on an HHS property. This policy also applies to all subcontracts awarded under the contract or order. The term ‘‘HHS properties’’ includes all properties owned, controlled and/or leased by HHS when totally occupied by HHS, including all indoor and outdoor areas of such properties. Where HHS only partially occupies such properties, it includes all HHS-occupied interior space. Where HHS leases space in a multi-occupant building or complex, the tobacco-free HHS policy will apply to the maximum area permitted by law and compliance with the provisions of any current lease agreements. The Contractor shall ensure that each of its employees, and any subcontractor staff, is made aware of, understand, and comply with this policy. HHSAR 352.224-70 - CONFIDENTIALITY OF INFORMATION (JANUARY 2006) The following clause covers the policy set forth in subpart 324.70 and is used in accordance with the instructions set forth in 324.7004. Confidentiality of Information (January 2006) (a) Confidential information, as used in this clause, means information or data of a personal nature about individual, or proprietary information or data submitted by or pertaining to an institution or organization. (b) The Contracting Officer and the Contractor may, by mutual consent, identify elsewhere in this contract specific information and/or categories of information which the Government will furnish to the Contractor or that the Contractor is expected to generate which is confidential. Similarly, the Contracting Officer and the Contractor may, by mutual consent, identify such confidential information from time to time during the performance of the contract. Failure to agree will be settled pursuant to the ‘‘Disputes’’ clause. (c) If it is established elsewhere in this contract that information to be utilized under this contract, or a portion thereof, is subject to the Privacy Act, the Contractor will follow the rules and procedures of disclosure set forth in the Privacy Act of 1974, 5 U.S.C. 552a, and implementing regulations and policies, with respect to systems of records determined to be subject to the Privacy Act. (d) Confidential information, as defined in paragraph (a) of this clause, shall not be disclosed without the prior written consent of the individual, institution, or organization. (e) Whenever the Contractor is uncertain with regard to the proper handling of material under the contract, or if the material in question is subject to the Privacy Act or is confidential information subject to the provisions of this clause, the Contractor should obtain a written determination from the Contracting Officer prior to any release, disclosure, dissemination, or publication. (f) Contracting Officer Determinations will reflect the result of internal coordination with appropriate program and legal officials. (g) The provisions of paragraph (d) of this clause shall not apply to conflicting or overlapping provisions in other Federal, State, or local laws. Applicable Section 508 standards are 1194.21, 1194.31, and 1194.41. Information about Section 508 is available at http://www.section508.gov/. Each Electronic and Information Technology (EIT) product or service furnished under this contract shall comply with the Electronic and Information Technology Accessibility Standards (36 CFR 1194), as specified in the contract, as a minimum. If the Contracting Officer determines any furnished product or service is not in compliance with the standards, the Contracting Officer will promptly inform the Contractor in writing. The Contractor shall, without charge to the Government, repair or replace the non-compliant products or services within the period of time to be specified by the Government in writing. If such repair or replacement is not completed within the time specified, the Government shall have the following recourses: Cancellation of the contract, delivery or task order, purchase or line item without termination liabilities; or In the case of custom Electronic and Information Technology (EIT) being developed for the Government, the Government shall have the right to have any necessary changes made or repairs performed by itself or by another firm and the Contractor shall reimburse the Government for any expenses incurred thereby. All responsible sources that can provide and meet the above requirement shall submit a written quotation. Questions must be received via email 12 Noon ET on August 19, 2009. Submission must be received via email 12 Noon ET on August 25, 2009. If you have any questions regarding this announcement, please contact Tamara Williams at 301 827-7154 via email tamara.williams@fda.hhs.gov.
- Web Link
-
FBO.gov Permalink
(https://www.fbo.gov/spg/HHS/FDA/DCASC/1059906/listing.html)
- Place of Performance
- Address: Contractor's place of business, United States
- Record
- SN01904998-W 20090812/090810235652-48ca9930145fdb50eaf9194323234e48 (fbodaily.com)
- Source
-
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