WEB PAGE: ELECTRONIC MAIL: March 31, 2017

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1 CYRUS E. PHILLIPS IV ATTORNEY-AT-LAW 110 TROON, FORD S COLONY WILLIAMSBURG, VIRGINIA TELEPHONE: FACSIMILE: MOBILE: WEB PAGE: ELECTRONIC MAIL: LAWYER@PROCUREMENT-LAWYER.COM March 31, 2017 VIA ELECTRONIC MAIL Office of General Counsel U.S. Government Accountability Office PLCG 441 G Street, N.W. Washington, D.C Re: B Post-Award Protest of Visual Connections, LLC Under United States Department of Health & Human Services National Institutes of Health Information Technology Acquisition & Assessment Center Solicitation NIHTJ , CIO-SP3 Small Business Ramp On Open Season. Gentlemen: This is a Post-Award Protest filed on behalf of Visual Connections, LLC (Visual Connections). Visual Connections is a Maryland Corporation and qualifying Historically Underutilized Business Zone (HUB- Zone) Offeror whose Office is at 2810 Lord Baltimore Drive, Suite 218 West, Windsor Mill, Maryland Solicitation NIHTJ is issued by the United States Department of Health & Human Services (DHHS ) National Institutes of Health Information Technology & Assessment Center (NITAAC), and it seeks additional small business contracts for the Chief Information Officer-Solutions and Partners (CIO- SP3) Small Business Government-Wide Acquisition Contract (GWAC) as follow-ons to the CIO-SP3 Small Business Contracts awarded in The CIO-SP3 GWAC contains a provision which reserves to the Government the right to announce an Open Season and to open the GWAC to new contractors, and NITAAC has determined there exists a need for additional small businesses. Solicitation NIHTJ is Attachment 1 to this Post-Award Protest.

2 On February 13, 2017 NITAAC announced Awards for Solicitation NIHTJ under the HUB- Zone Group. These Awards were made without discussions. Attachment 1, page 121 of 152. Visual Connections was not among these Awardees. Visual Connections received its required Debriefing on Tuesday, March 28, This required Debriefing was conducted by an electronic message, and this electronic message is Attachment 2 to this Post-Award Protest. Federal Acquisition Regulation (FAR) , Exchanges with offerors after receipt of proposals, provides: (a) Clarifications and award without discussions. (1) Clarifications are limited exchanges, between the Government and offerors, that may occur when award without discussions is contemplated. (2) If award will be made without conducting discussions, offerors may be given the opportunity to clarify certain aspects of proposals (e.g., the relevance of an offeror s past performance information and adverse past performance information to which the offeror has not previously had an opportunity to respond) or to resolve minor or clerical errors. (3) Award may be made without discussions if the solicitation states that the Government intends to evaluate proposals and make award without discussions.... FAR (a), 48 CFR Ch.1 ( Edition). NITAAC admits, in the Debriefing, it recognized that Visual Connections Competitive Proposal for the HUBZone Group contained obvious errors and contradictory information about Visual Connections past performance information: The Past Performance Information Retrieval System (PPIRS) record for Contract GS35F0404X/ HHSM G in the Past Performance Information Retrieval System states that for the period of performance (POP) , the performance was rated as Marginal for both Quality and Schedule. The government further indicated that the contractor... had significant weaknesses in meeting the deadlines as stated in their Schedule of Deliverables and baseline project schedule. Additionally the assessing official stated that...on July 31, 2014, VC was put on a Correction Action Plan (CAP) because CMS was concerned with the overall quality of the product. The overall result of the CAP was unsatisfactory; VC did not meet three out of four areas of concern. The Assessing Official stated that, given what I know today about the contractor s ability to perform in accordance with this contract or order's most significant requirements, I WOULD NOT recommend him for similar requirements in the future, and the Reviewing Official agreed with the ratings. Paragraph L3.4 (a) of the solicitation directs the offeror to explain the reasons for shortcomings and any corrective actions take to avoid recurrence for any contract that did not/do not meet - 2 -

3 original schedule or technical performance requirements. The offeror mentioned on page #2 that the Government asked for a Corrective Action Plan; however, they failed to provide any information regarding the marginal ratings and failed to provide any explanation of any corrective actions taken. The offeror further provided contradictory information by stating that, all contractual requirements and deliverable performed satisfactorily, whereas, the PPIRS record clearly indicates that the offeror did not meet the Quality and Schedule requirements. Attachment 2 (Emphasis added). Clarifications are required when, as here, an Offeror s Past Performance information is the determining factor precluding acceptance of the Offeror s Competitive Proposal: FAR describes a range of exchanges that may take place with offerors during negotiated procurements. Clarifications are limited exchanges between an agency and an offeror for the purpose of eliminating minor uncertainties or irregularities in a proposal, and do not give an offeror the opportunity to revise or modify its proposal. FAR (a)(2); Tetra Tech, Inc., B , B Jan. 17, 2014, 2014 Comp. Gen. Proc. Dec. 108 at 8. Discussions, on the other hand, occur when an agency communicates with an offeror with the intent to obtain proposal revisions and include bargaining, give and take, persuasion, and alteration of assumptions and positions. Companion Data Servs., LLC, B , B , Oct. 9, 2014, 2014 Comp. Gen. Proc. Dec. at 14; see FAR (d); Dynacs Engineering Co., Inc., B et al., Mar. 17, 2000, 2000 Comp. Gen. Proc. Dec. 50 at 4. An agency is required to hold communications with offerors whose past performance information is the determining factor preventing their proposals from being placed in the competitive range; otherwise, an agency may, but is not required to, engage in communications with offerors whose exclusion from, or inclusion in, the competitive range is uncertain. FAR (b)(1); Government Telecommunications, Inc., B , June 21, 2007, 2007 Comp. Gen. Proc. Dec. 136 at 8 n.10. As with clarifications, communications are not to be used to cure proposal deficiencies or material omissions, materially alter the technical or cost elements of the proposal, and/or otherwise revise the proposal. FAR (b)(2); Int l Medical Corps, B , Dec. 6, 2010, 2010 Comp. Gen. Proc. Dec. 292 at 9. Presidio Networked Solutions, Inc.; Mercom Corporation; MicroTechnologies, LLC B , B , B , B , October 31, 2014, 2014 U.S. Comp. Gen. LEXIS 311, *18-*19 (Emphasis added). There are two PPIRS Records, and NITAAC examined only one. The first of these, Attachment 3, is dated January 28, 2015, and it includes a reclama provided by Visual Connections on February 6, In this reclama Visual Connections explains its CAP. The second of these, Attachment 4, is dated February - 3 -

4 19, 2015, and it explains that [t]his evaluation has been modified, please see the original evaluation to view the contractor comments. The electronic Debriefing of March 28,2017 confirms that NITAAC simply read only the second PPIRS record; had it read both inter-related PPIRS records, it would have found the Visual Connections reclama which provides an explanation of any corrective actions taken. FAR , Procedures, provides: (d) Agency evaluations of contractor performance, including both negative and positive evaluations, prepared under this subpart shall be provided to the contractor as soon as practicable after completion of the evaluation. The contractor will receive a CPARS-system generated notification when an evaluation is ready for comment. Contractors shall be afforded up to 14 calendar days from the date of notification of availability of the past performance evaluation to submit comments, rebutting statements, or additional information. Agencies shall provide for review at a level above the contracting officer to consider disagreements between the parties regarding the evaluation. The ultimate conclusion on the performance evaluation is a decision of the contracting agency. Copies of the evaluation, contractor response, and review comments, if any, shall be retained as part of the evaluation. These evaluations may be used to support future award decisions.... FAR (d), 48 CFR Ch.1 ( Edition). FIRST GROUND OF PROTEST When, without conducting communications, NITAAC declared Visual Connections Competitive Proposal as unacceptable based on the second PPIRS Record, NITAAC violated FAR (a)(2). This is facially unreasonable and unlawful. SECOND GROUND OF PROTEST When NITAAC failed to read both inter-related PPIRS records and, based only on the second PPIRS Record, declared Visual Connections Competitive Proposal as unacceptable, NITAAC denied Visual Connections the consideration promised by FAR (d). Again, this is facially unreasonable and unlawful. JURISDICTION Your Office has been given, under 31 U.S.C. 3552(a), Jurisdiction over Post-Award Protests about Awards, 31 U.S.C. 3551(1)(C), made by Federal Agencies, 31 U.S.C. 3551(3), which are challenged by - 4 -

5 an Interested Party, 31 U.S.C. 3551(2)(A). The term Federal Agency in 31 U.S.C. 3551(3) encompasses, per 40 U.S.C. 102(5), an executive agency or establishment in the legislative or judicial branch of the Government.... United States Department of Health & Human Services (DHHS) and its National Institutes of Health Information Technology & Assessment Center (NITAAC) are together one such Federal Agency. Visual Connections is an Interested Party which submitted a Competitive Proposal for the HUBZone Group, and Visual Connections has a direct economic interest which is affected. TIMELINESS This Post-Award Protest is timely filed under 4 C.F.R. 21.2(a)(2) because it is filed before 5:30 p.m. on Friday, March 31, 2017 and within ten calendar days after the date the required Debriefing was provided to Visual Connections. SUSPENSION OF AWARD/STAY OF PERFORMANCE NITAAC must immediately suspend performance of the Contracts awarded to the HUBZone Group on February 13, U.S.C. 3553(d)(3)(A)(i) provides that if an Agency receives notice of a Protest during the period described in 31 U.S.C. 3553(d)(4), then the Contracting Officer may not authorize performance to begin while the Protest is pending. The period described in 31 U.S.C. 3553(d)(4)(B) is five days after the Debriefing. NOTICE TO CONTRACTING OFFICER The NITAAC Contracting Officer s name, address, telephone number, and electronic mail address are set out below. Under 4 C.F.R. 21.1(e) an electronic copy of this Post-Award Protest and its Attachments, all in Adobe Acrobat Portable Document Format, is being furnished by electronic mail today to the Contracting Officer. REQUESTS FOR PRODUCTION OF DOCUMENTS Under 4 C.F.R. 21.1(d)(2), Visual Connections. requests that NITAAC produce, besides the documents described in 4 C.F.R. 21.3(d), all documents touching upon Visual Connections Corrective Action Plan (CAP)

6 REQUEST FOR RELIEF Visual Connections requests a ruling by the Comptroller General of the United States, and Visual Connections requests that the Comptroller General of the United States recommend that NITAAC reinstate Visual Connections Competitive Proposal to consideration for the HUBZone Group under Solicitation NIHTJ Additionally, Visual Connections requests a ruling it is entitled to an Award of its Protest costs and attorney fees, 4 C.F.R. 21.8(d)(1), and should the Solicitation be cancelled or substantially revised, to an Award of its proposal preparation costs, 4 C.F.R. 21.8(d)(2). Kind regards, /s/ Cyrus E. Phillips IV Cyrus E. Phillips IV Virginia State Bar Number Cc: National Institutes of Health Information Technology Acquisition and Assessment Center (NITAAC) 6011 Executive Blvd, Suite 503 Rockville, MD Attention: Keith Johnson, Procuring Contracting Officer (301) keith.johnson3@nih.gov (Via electronic mail) - 6 -

7 ATTACHMENT 1

8 Chief Information Officer Solutions and Partners (CIO-SP3) Small Business (Restricted) RAMP-ON REQUEST FOR PROPOSAL (RFP) NIHJT NIHJT i

9 Table of Contents PART I THE SCHEDULE SECTION A: SOLICITATION/CONTRACT FORM... A-1 SECTION B: SUPPLIES/SERVICES AND PRICES/COST... B-1 General... B-1 Authority... B-1 Task Orders Awarded Against the GWAC... B-1 Prices... B-1 B.4.1 Rate Refresher... B-2 Maximum Program Ceiling and Minimum Contract Guarantee... B-2 Work Outside of the Continental United States (OCONUS)... B-2 Posting Requirements for Rates... B-3 Advance Understandings... B-10 SECTION C: DESCRIPTION/SPECIFICATIONS/WORK STATEMENT... C-1 Statement of Work... C-1 Scope... C-2 C.2.1 Task Area 1 IT Services for Biomedical Research, Health Sciences, and Healthcare... C-3 C.2.2 Task Area 2 Chief Information Officer (CIO) Support... C-3 C.2.3 Task Area 3 Imaging... C-4 C.2.4 Task Area 4 Outsourcing... C-4 C.2.5 Task Area 5 IT Operations and Maintenance... C-5 C.2.6 Task Area 6 Integration Services... C-6 C.2.7 Task Area 7 Critical Infrastructure Protection and Information Assurance... C-7 C.2.8 Task Area 8 Digital Government... C-7 C.2.9 Task Area 9 Enterprise Resource Planning... C-8 C.2.10 Task Area 10 Software Development... C-9 Reporting Requirements... C-9 SECTION D: PACKAGING, MARKING, AND SHIPPING... D-1 General... D-1 SECTION E: INSPECTION AND ACCEPTANCE... E-1 General... E-1 E.1.1 Clauses Incorporated by Reference, FAR (February 1998)... E-1 SECTION F: DELIVERIES OR PERFORMANCE... F-1 Clauses Incorporated by Reference, FAR (February 1998)... F-1 Period of Performance... F-1 F.2.1 GWAC Period of Performance... F-1 F.2.2 Task Order Period of Performance... F-1 SECTION G: CONTRACT ADMINISTRATION DATA... G-1 General... G-1 Authorized Users... G-1 Roles... G-1 G.3.1 Government Personnel... G-1 G.3.2 Contractor Personnel Key Personnel, HHSAR (January 2006)... G-2 Customer/Contractor Training Materials... G-3 Contractor Internet Presence... G-3 Electronic Communications... G-4 Task Order Procedures... G-4 NIH Contract Access Fee and Fee Remittance... G-9 Government Furnished Property/Government Furnished Information... G-10 ii

10 Invoice Submission... G-11 Correspondence... G-11 Meetings and Conferences... G-11 Contractor Performance Assessment Reporting System (CPARS)... G-11 Providing Accelerated Payment to Small Business Subcontractors, (December 2013)... G-12 SECTION H: SPECIAL CONTRACT REQUIREMENTS... H-1 Labor Categories... H-1 H.1.1 Unique Professional Skills Task Order Level... H-1 Organizational Conflict of Interest... H-1 Acknowledgement of Federal Funding... H-1 FAR Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements Representation (DEVIATION)... H-2 Representation.... H-2 Certification of Filing and Payment of Taxes... H-2 Information and Physical Access Security... H-2 Electronic and Information Technology Accessibility Notice... H-12 Task Order/Delivery Order Contract Ombudsman... H-13 Reporting Matters Involving Fraud, Waste and Abuse... H-13 Hardware/Software Acquisition... H-13 Security Considerations... H-14 Cost Accounting System... H-14 Purchasing System... H-14 Ramp-on Procedures... H-14 Ramp-off Procedures... H-15 Privacy Act, HHSAR (December 2015)... H-15 Replacement of Team Members under a FAR 9.601(1) Contractor Team Arrangement (CTA)... H-15 Gun Control (Section 218)... H-16 Restriction on Pornography on Computer Networks... H-16 PART II CONTRACT CLAUSES SECTION I: CONTRACT CLAUSES... I-1 General Clauses for a Negotiated Fixed-Price Service Contract... I-1 General Clauses for a Cost-Reimbursement Service Contract... I-3 Authorized Substitutions of Clauses... I-9 Additional Contract Clauses... I-10 Additional FAR Contract Clauses Included in Full Text... I-12 Additional Contract Clauses Applicable to Task Orders set-aside for HUBZone Small Business Concern... I-14 Additional Contract Clauses Applicable to Task Orders set-aside for Service-Disabled Veteran- Owned Small Business (SDVOSB)... I-14 Additional Contract Clauses Applicable to Task Orders set-aside for Section 8(a) ConcernsI-15 PART III LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS SECTION J: LIST OF ATTACHMENTS... J-1 Attachment J.1 Pricing Tables... J.1-1 Attachment J.2 Description of Labor Categories... J.2-1 Attachment J.3 Summary Reference Information Sheet (See Section L.3.4.b)... J.3-1 Attachment J.4 Past Performance Customer Survey Questionnaire (See Section L.3.4.b)... J.4-1 Attachment J.5 FAR , Small Business Program Representations (OCT 2004)... J.5-1 Attachment J.6 List of Acronyms... J.6-1 Attachment J.7 Representations, Certifications, and Other Statements of Offerors (Section K.2.)J.7 iii

11 Part IV REPRESENTATIONS AND INSTRUCTIONS SECTION K: REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS... K-1 SECTION L: INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS... L-1 L.1 GENERAL INFORMATION... L-1 L.1.1 Solicitation Provisions Incorporated by Reference, FAR (February 1998).. L-1 L.1.2 Instructions to Offerors Competitive Acquisition [FAR Provision (January 2004)] (Deviation)... L-1 L.1.3 NAICS Code and Size Standard... L-6 L.1.4 Notice of Small Business Set-Aside... L-6 L.1.5 Type of Contract and Number of Awards... L-6 L.1.6 Commitment of Public Funds... L-6 L.1.7 Communications Prior to Contract Award... L-6 L.1.8 Release of Information... L-6 L.1.9 Preparation Costs... L-7 L.1.10 Service of Protest FAR (SEP 2006)... L-7 L.2 INSTRUCTIONS TO OFFERORS... L-7 L.2.1 General Instructions... L-7 L.2.2 Contract Type and General Clauses... L-7 L.2.3 Electronic Submission of Proposal (No Paper)... L-7 L.2.4 Rejection of Multiple or Alternate Offers... L-10 L.2.5 Evaluation of Proposals... L-11 L.2.6 Privacy Act Treatment of Proposal Information... L-11 L.2.7 Point of Contact for the CIO-SP3 Small Business Solicitation... L-11 L.2.8 Central Contractor Registration (CCR)... L-11 L.2.9 News Releases... L-11 L.2.10 Timely Resubmissions... L-11 L.2.11 Proposal Revisions Requested by the Government... L-11 L.2.12 Organization and Page Limitations... L-12 L.3 CONTENTS... L-14 L.3.1 Section 1 (General)... L-14 L.3.2 Section 2 Factor 1 (Technical Capability and Understanding)... L-17 L.3.3 Section 3 Factor 2 (Management Approach)... L-19 L.3.4 Section 4 Factor 3 (Past Performance)... L-21 L.3.5 Section 5 Factor 4 (Price)... L-22 L.4 Section 6 - Other Administrative Data... L-23 L.4.1 Property... L-23 L.4.2 Financial Capacity... L-23 SECTION M: EVALUATION FACTORS FOR AWARD... M-1 M.1 GENERAL... M-1 M.1.1 Phase 2 Best Value... Error! Bookmark not defined. M.1.2 Conflict of Interest... M-2 M.1.3 Discussions... M-2 M.1.4 Contract Team Arrangements (CTAs)... M-2 M.1.5 Special Contractor Group for HUBZone Contractors, Special Contractor Group for SDVOSBs, and a Special Contractor Group for Section 8(a) Contractors... M-3 M.2 Phase 1: Go/No-Go Requirements... M-3 M.3 Phase 2: NON-PRICE FACTORS EVALUATION CRITERIA... M-4 M.3.1 Factor 1 Technical Capability and Understanding... M-6 M.3.2 Factor 2 Management Approach... M-8 M.3.3 Factor 3 Past Performance... M-10 M.4 Phase 2 - FACTOR 4 PRICE EVALUATION... M-10 M.4.1 Price Analysis... M-10 M.5 RESPONSIBILITY DETERMINATION... M-11 iv

12 M.6 Use of Generic Proposal Templates... M-11 M.7 Pre-Award On-Site Equal Opportunity Compliance Evaluation, FAR (February 1999) M-11 M.8 Evaluation Support... M-11 v

13 List of Tables PART I THE SCHEDULE Table 1 Contractor Site Loaded Labor Rates During the Contract... B-3 Table 2 Government Site Loaded Labor Rates During the Contract... B-7 Table 3 Federal Acquisition Regulation (48 CFR Chapter 1) Clauses Related to Section E: E-1 Table 4 Federal Acquisition Regulation (48 CFR Chapter 1) Clauses Related to Section F. F-1 PART II CONTRACT CLAUSES Table 5 Federal Acquisition Regulation (FAR) (48 CFR Chapter 1) Clauses... I-1 Table 6 Department Of Health And Human Services Acquisition Regulation (HHSAR)... I-3 (48 CFR Chapter 3) Clauses... I-3 Table 7 Federal Acquisition Regulation (FAR) (48 CFR Chapter 1) Clauses... I-3 Table 8 Department Of Health And Human Services Acquisition Regulation (HHSAR) (48 CFR Chapter 3) Clauses... I-6 Table 9 General Clauses for a Time and Material or a Labor Hour Contract... I-7 Table 10 Federal Acquisition Regulation (FAR) (48 CFR Chapter 1) Clauses... I-7 Table 11 Department Of Health And Human Services Acquisition Regulation (HHSAR) (48 CFR Chapter 3) Clauses... I-9 Table 12 Additional Federal Acquisition Regulation (FAR) (48 CFR Chapter 1) Clauses Applicable for Task Orders Set Aside for HUBzone Small Business Concerns... I-14 Table 13 Additional Federal Acquisition Regulation (FAR) (48 CFR Chapter 1) Clauses Applicable for Task Orders Set Aside for SDVOSBs... I-15 Table 14 Additional Federal Acquisition Regulation (FAR) (48 CFR Chapter 1) Clauses Applicable for Task Orders Set Aside for Section 8(A) Concerns... I-15 PART III LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS Part IV REPRESENTATIONS AND INSTRUCTIONS Table 15 Federal Acquisition Regulation (48 CFR Chapter 1) Clauses Related to Section L L-1 Table 16 SAMPLE TABLE: Examples of Experience and/or Qualifications... L-18 Table 17 Outline of Non-Price Factors, Subfactors, and Elements... M-4 Table 18 Description of Technical Factor/Subfactor Ratings... M-5 vi

14 PART I THE SCHEDULE THE INFORMATION SET FORTH IN SECTION A SOLICITATION/CONTRACT FORM, HEREIN CONTAINS IMPORTANT INFORMATION FOR ANY OFFEROR INTERESTED IN RESPONDING TO THIS SOLICITATION. ANY CONTRACT RESULTING FROM THIS SOLICITATION WILL INCLUDE IN ITS SECTION A SOLICITATION/CONTRACT FORM, ACCOUNTING, APPROPRIATION AND GENERAL INFORMATION APPLICABLE TO THE CONTRACT AWARD. THE CONTRACT SCHEDULE SET FORTH IN SECTIONS B THROUGH H, HEREIN, CONTAINS CONTRACTUAL INFORMATION PERTINENT TO THIS SOLICITATION. IT IS NOT AN EXACT REPRESENTATION OF THE CONTRACT DOCUMENT THAT WILL BE AWARDED AS A RESULT OF THIS SOLICITATION. THE CONTRACT COST OR PRICE AND OTHER CONTRACTUAL PROVISIONS PERTINENT TO THE OFFEROR (i.e., those relating to the organizational structure [e.g., Non-Profit, Commercial] and specific cost authorizations unique to the Offeror's proposal and requiring Contracting Officer Prior Approval) WILL BE DISCUSSED IN THE NEGOTIATION PROCESS AND WILL BE INCLUDED IN THE RESULTANT CONTRACT. THE ENCLOSED CONTRACT SCHEDULE IS INTENDED TO PROVIDE THE OFFEROR WITH THE NECESSARY INFORMATION TO UNDERSTAND THE TERMS AND CONDITIONS OF THE RESULTANT CONTRACT. SECTION A: SOLICITATION/CONTRACT FORM See Standard Form (SF) 33 attached A-1

15 SECTION B: SUPPLIES/SERVICES AND PRICES/COST General The Chief Information Officer Solutions and Partners 3 (CIO-SP3) Small Business Government- Wide Acquisition Contract (GWAC) is a ten (10) year Indefinite Delivery/Indefinite Quantity (IDIQ) contract. This contract is intended to provide Information Technology (IT) solutions and services as defined in FAR 2.101(b) and further clarified in the Clinger-Cohen Act of These IT solutions and services include, but are not limited to, health and biomedical-related IT services to meet scientific, health, administrative, operational, managerial, and information management requirements. The contract also contains general IT services partly because medical systems are increasingly integrated within a broader IT architecture, requiring a systems approach to their implementation and a sound infrastructure for their operation. Authority The Office of Management and Budget (OMB) has designated the National Institutes of Health (NIH) as an Executive Agent for Government-wide IT acquisitions pursuant to Section 5112(e) of the Clinger-Cohen Act, 40 U.S.C. Sec (e). The scope of this designation includes the award and administration of the GWAC. Through this GWAC, Federal Government Agencies can award task orders to acquire IT services. The authority of the NIH Information Technology Acquisition and Assessment Center (NITAAC) Procuring Contracting Officer (PCO), and the agency Ordering Contracting Officer (OCO) are defined in Article G.3 Roles. Task Orders Awarded Against the GWAC Pursuant to FAR (a)(4)(vi), any duly warranted Federal Government Contracting Officer (as that term is defined in FAR 2.1) in good standing with the appropriate contracting authority is authorized to award task orders under this contract. For purposes of this contract, these individuals are referred to as OCOs. Task orders may be multi-year or include options as defined in FAR Part 17 and agency-specific FAR Part 17 supplements. Refer to Article F.2 Task Order Period of Performance. Prices This is an Indefinite Quantity contract as contemplated by FAR a. The prices set forth in this Article will cover the contract period (see awarded Standard Form 26). b. The Government will issue Task Orders based on the work described in SECTION C of this contract and the schedules set forth in Section J, Attachment J.1 Labor Rates. c. The price schedules set forth in Section J, Attachment J.1 Labor Rates, contain on-site and off-site hourly labor rates for each year of the contract for work to be performed within CONUS. These price schedules can be used on Firm Fixed Price, Time and Materials, and Labor-Hour type task orders (See FAR , Payments under Timeand-Materials and Labor-Hour Contracts for a definition of these rates). The hourly rates are ceiling price rates and Contractors may, at their discretion, elect to propose lower hourly rates when responding to a request for a task order. B-1

16 d. Factors such as complexity of work, geographic locations and security clearances authorize OCOs to negotiate Loaded Hourly Labor Rates suited to meet their specific task order requirements. Contractors shall explain in their task order proposals any Loaded Hourly Labor Rates that exceed the rates in the GWAC or for new proposed labor categories (see Article H.1.1), and the OCO will determine the reasonableness of the pricing as defined in FAR 15.4, Pricing and FAR Time and Materials Contracts. Upon request of the OCO, the Contractor will be required to provide supporting documentation for such rates, which may include a cost element breakdown of each Loaded Hourly Labor Rate (including profit) in accordance with the Contractor s cost accounting system, as well as any other supporting information the OCO deems necessary (see Article G.7.2.f). e. For Cost Reimbursement task orders, the Contractor will provide to the OCO complete supporting schedules identifying all applicable direct and indirect costs in performance of the task order. Contractors with Government-approved rates should submit the most recently approved provisional indirect billing and actual rates for both direct and indirect costs. Contractors without audited rates shall propose indirect rates in accordance with FAR Part 31. The fee will be negotiated for each task order consistent with statutory limitations. If the task order type is to be Cost Plus Award Fee (CPAF) or Cost Plus Incentive Fee (CPIF), the fixed portion of fee and the award or incentive portion will be clearly differentiated. Refer to Article G.7.2.e for further information regarding Cost Reimbursement task orders. B.4.1 Rate Refresher Because of the dynamic nature of IT services and potential changes in market conditions, the PCO may determine that there is a need to reassess the rates that have been negotiated and agreed upon in Section B during the contract period of performance. If warranted, rates will be renegotiated with all Contractors; however, renegotiation of rates will occur no more frequently than every two years. Maximum Program Ceiling and Minimum Contract Guarantee The total contract ceiling that may potentially be awarded under the GWAC is $20 billion for the remainder of the ten-year period of performance of the original GWAC awards. The minimum guarantee will be $250. During the time period between contract award and September 30, 2017, Contractors that have not been awarded task orders may invoice the Government for the minimum guarantee. Work Outside of the Continental United States (OCONUS) It is anticipated that there may be task orders under this contract for work outside the United States. OCONUS is defined as other than the 48 contiguous states plus the District of Columbia. The Contractor will be compensated for work performed OCONUS based on the methodology proposed by the Contractor and accepted by the OCO for award of an individual task order. The U.S. Department of State s Bureau of Administration, Office of Allowances, ( publishes quarterly report indexes of living costs abroad, per-diem rate maximums, quarter s allowances, hardship differentials, and danger pay allowances for Contractors to follow when proposing on OCONUS efforts. No allowances, other than those listed by the U. S. Department of State, shall be allowed on task orders. B-2

17 Notes: The Department of State Standardized Regulations (DSSR) are the controlling regulations for allowances and benefits available to all U.S. Government civilians assigned to foreign areas. For task orders issued under the GWAC, Contractor civilians assigned to foreign areas shall not exceed the allowances and benefits in the DSSR. For OCONUS task orders where costs are not specifically addressed in the DSSR, the Government will reimburse the Contractor for all reasonable, allowable, and allocable costs in accordance with FAR 31, Contract Cost Principles and Procedures. Posting Requirements for Rates The Contractor shall post their rates at their individual websites within 30 days after contract award consistent with the format shown in Section J, Attachment J.1 Labor Rates (see also Article G.5 Contractor Internet Presence). The Contractor consents to the Government posting the URL for the Contractor s site on the NITAAC website. Table 1 Contractor Site Loaded Labor Rates During the Contract (1) Contractors are required to propose on all labor categories. (2) These rates shall not include the NIH contract access fee (NCAF) as described in Article G.8. See Article G.8 for instructions on adding the NCAF to the rates when submitting proposals under task orders that result from the GWAC. (3) Pricing for task order options exceeding the period of performance of the GWAC will be agreed upon at the task order level but will not exceed the escalation rates published in the then current Bureau of Labor Statistics Employment Cost Index. Key Level I is the most junior of any one labor category Levels II and III are sequentially more senior A table of the time periods for each year will be inserted at time of award ITEM DESCRIPTION U/M 0001 AA01 Administrative Assistant Level I HR 0001 AA02 Administrative Assistant Level II HR 0001 AB01 Application Engineer Level I HR 0001 AB02 Application Engineer Level II HR 0001 AC01 Application Programmer Level I HR 0001 AC02 Application Programmer Level II HR 0001 AC03 Applications Programmer Level III HR 0001 AD00 Application Systems Analyst HR 0001 AE00 Biostatatician HR 0001 AF01 Business Analyst Level I HR 0001 AF02 Business Analyst Level II HR 0001 AF03 Business Analyst Level III HR 0001 AG01 Business Process Reengineering Specialist Level I HR 0001 AG02 Business Process Reengineering Specialist Level II HR 0001 AG03 Business Process Reengineering Specialist Level III HR 0001 AH00 Chief Information Security Officer HR Year B-3

18 ITEM DESCRIPTION U/M 0001 AI00 Communications Hardware Specialist HR 0001 AJ00 Communications Network Manager HR 0001 AK00 Communications Software Specialist HR 0001 AL00 Communications Specialist HR 0001 AM00 Computer Data Librarian HR 0001 AN00 Computer Scientist HR 0001 AO01 Computer Security System Specialist Level I HR 0001 AO02 Computer Security System Specialist Level II HR AO03 Computer Security System Specialist Level III HR 0001 AP01 Computer Systems Analyst Level I HR 0001 AP02 Computer Systems Analyst Level II HR 0001 AP03 Computer Systems Analyst Level III HR 0001 AQ00 Configuration Management Specialist HR 0001 AR01 Cost Analyst Level I HR 0001 AR02 Cost Analyst Level II HR 0001 AS00 Data Entry Clerk HR 0001 AT00 Data Security Specialist HR 0001 AU00 Data Standardization Specialist HR 0001 AV00 Database Administrator HR 0001 AW01 Database Management Specialist Level I HR 0001 AW02 Database Management Specialist Level II HR 0001 AW03 Database Management Specialist Level III HR 0001 AX01 Database Specialist Level I HR 0001 AX02 Database Specialist Level II HR 0001 AX03 Database Specialist Level III HR 0001 AY00 Data Warehousing Administrator HR 0001 AZ00 Data Warehouse Analyst HR 0001 BA00 Data Warehouse Programmer HR 0001 BB00 Disaster Recovery Specialist HR 0001 BC01 Document Control Specialist Level I HR 0001 BC02 Document Control Specialist Level II HR Year BC03 Document Control Specialist Level III HR 0001 BD01 Document Support Specialist Level I HR 0001 BD02 Document Support Specialist Level II HR 0001 BE00 Duplicating Machine Operator HR 0001 BF00 Electronic Data Interchange (EDI) Specialist HR 0001 BG00 Electronic Meeting Technographer HR 0001 BH00 Enterprise Resource Planning (ERP) HR Specialist B-4

19 ITEM DESCRIPTION U/M 0001 BI00 Facilitator HR 0001 BJ00 Financial Analyst IT HR 0001 BK01 Functional Analyst Level I HR 0001 BK02 Functional Analyst Level II HR 0001 BL01 General Clerk Level I HR 0001 BL02 General Clerk Level II HR 0001 BL03 General Clerk Level III HR 0001 BM00 Geographic Information System (GIS) Specialist HR 0001 BN00 Graphical User Interface Designer HR 0001 BO00 Graphics Specialist HR 0001 BP00 Hardware Draftsman HR 0001 BQ01 Hardware Installation Technician Level I HR 0001 BQ02 Hardware Installation Technician Level II 0001 BR00 Hardware Specialist Information Technology HR HR 0001 BS00 Help Desk Manager HR 0001 BT00 Help Desk Specialist HR Year BU01 Imaging Specialist/Technician Level I HR 0001 BU02 Imaging Specialist/Technician Level II HR 0001 BU03 Imaging Specialist/Technician Level III HR 0001 BV00 Informatic Specialist/Bioinformatician HR 0001 BW01 Information Engineer Level I HR 0001 BW02 Information Engineer Level II HR 0001 BX00 Information Resource Management Analyst HR 0001 BY00 Information Systems Training Specialist HR 0001 BZ00 IT Policy/Legislative Specialist HR 0001 CA00 IT Strategic/Capital Planner HR 0001 CB00 Knowledge Management Specialist HR 0001 CC00 Librarian HR 0001 CD00 Librarian Technician HR 0001 CE00 Medical Billing/Account Management Specialist HR 0001 CF00 Modeling and Simulation Specialist HR 0001 CG00 Network Administrator HR 0001 CH00 Network Draftsman HR 0001 CI01 Network Installation Technician Level HR I 0001 CI02 Network Installation Technician Level HR 0001 CJ00 II Network Support Technician HR 0001 CK00 Operations Manager HR 0001 CL00 Procurement Product Specialist HR 0001 CM00 Program Administration Specialist HR 0001 FC FD FE00 B-5

20 ITEM DESCRIPTION U/M 0001 CN00 Program Analyst HR 0001 CO00 Program Manager HR 0001 CP00 Project Control Specialist HR 0001 CQ00 Project Leader HR 0001 CR01 Project Manager Level I HR 0001 CR02 Project Manager Level II HR 0001 CR03 Project Manager Level III HR 0001 CS00 Public Health Analyst HR 0001 CT00 Quality Assurance Analyst HR 0001 CU00 Quality Assurance Manager HR 0001 CV00 Quality Assurance Specialist HR 0001 Records Management Specialist HR CW CX00 Scanner Operator HR 0001 CY00 Scientific Data Analyst HR 0001 CZ01 Subject Matter Expert Level I HR 0001 CZ02 Subject Matter Expert Level II HR 0001 CZ03 Subject Matter Expert Level III HR 0001 DA01 System Administrator Level I HR 0001 DA02 System Administrator Level II HR 0001 DA03 System Administrator Level III HR 0001 DB01 Systems Architect Level I HR 0001 DB02 Systems Architect Level II HR 0001 DC01 Systems Engineer Level I HR 0001 DC02 Systems Engineer Level II HR 0001 DC03 Systems Engineer Level III HR 0001 DD00 System Operator HR 0001 DE00 System Programmer HR 0001 DF01 Technical Writer/Editor Level I HR 0001 DF02 Technical Writer/Editor Level II HR 0001 DF03 Technical Writer/Editor Level III HR 0001 DG01 Telecommunications Engineer Level I HR 0001 DG02 Telecommunications Engineer Level II HR 0001 DH01 Telecommunications Specialist Level I HR 0001 DH02 Telecommunications Specialist -Level II HR 0001 DI00 Test Engineer HR 0001 DJ00 Training Manager HR 0001 DK01 Training Specialist Level I HR 0001 DK02 Training Specialist Level II HR 0001 DL00 Web Content Administrator HR 0001 DM00 Web Designer HR 0001 DN00 Web Project Manager HR 0001 DO00 Web Software Developer HR 0001 DP00 Webmaster HR 0001 DQ00 Wide Area Network Administrator HR Year B-6

21 Notes: Key Table 2 Government Site Loaded Labor Rates During the Contract (1) Contractors are required to propose on all labor categories. (2) These rates shall not include the NIH contract access fee (NCAF) as described in Article G.8. See Article G.8 for instructions on adding the NCAF to the rates when submitting proposals under task orders that result from the GWAC. (3) Pricing for task order options exceeding the period of performance of the GWAC will be agreed upon at the task order level but will not exceed the escalation rates published in the then current Bureau of Labor Statistics Employment Cost Index. Level I is the most junior of any one labor category Levels II and III are sequentially more senior A table of the time periods for each year will be inserted at time of award ITEM DESCRIPTION U/M 0002 AA01 Administrative Assistant Level I HR 0002 AA02 Administrative Assistant Level II HR 0002 AB01 Application Engineer Level I HR 0002 AB02 Application Engineer Level II HR 0002 AC01 Application Programmer Level I HR 0002 AC02 Application Programmer Level II HR 0002 AC03 Applications Programmer Level III HR 0002 AD00 Application Systems Analyst HR 0002 AE00 Biostatatician HR 0002 AF01 Business Analyst Level I HR 0002 AF02 Business Analyst Level II HR 0002 AF03 Business Analyst Level III HR 0002 AG01 Business Process Reengineering Specialist Level I HR 0002 AG02 Business Process Reengineering Specialist Level II HR 0002 AG03 Business Process Reengineering Specialist Level III HR 0002 AH00 Chief Information Security Officer HR 0002 AI00 Communications Hardware Specialist HR 0002 AJ00 Communications Network Manager HR 0002 AK00 Communications Software Specialist HR 0002 AL00 Communications Specialist HR 0002 AM00 Computer Data Librarian HR Year AN00 Computer Scientist HR 0002 AO01 Computer Security System Specialist Level I HR 0002 AO02 Computer Security System Specialist Level II HR AO03 Computer Security System Specialist Level III HR 0002 AP01 Computer Systems Analyst Level I HR B-7

22 ITEM DESCRIPTION U/M 0002 AP02 Computer Systems Analyst Level II HR Year AP03 Computer Systems Analyst Level III HR 0002 AQ00 Configuration Management Specialist HR 0002 AR01 Cost Analyst Level I HR 0002 AR02 Cost Analyst Level II HR 0002 AS00 Data Entry Clerk HR 0002 AT00 Data Security Specialist HR 0002 AU00 Data Standardization Specialist HR 0002 AV00 Database Administrator HR 0002 AW01 Database Management Specialist Level I HR 0002 AW02 Database Management Specialist Level II HR 0002 AW03 Database Management Specialist Level III HR 0002 AX01 Database Specialist Level I HR 0002 AX02 Database Specialist Level II HR 0002 AX03 Database Specialist Level III HR 0002 AY00 Data Warehousing Administrator HR 0002 AZ00 Data Warehouse Analyst HR 0002 BA00 Data Warehouse Programmer HR 0002 BB00 Disaster Recovery Specialist HR 0002 BC01 Document Control Specialist Level I HR 0002 BC02 Document Control Specialist Level II HR 0002 BC03 Document Control Specialist Level III HR 0002 BD01 Document Support Specialist Level I HR 0002 BD02 Document Support Specialist Level II HR 0002 BE00 Duplicating Machine Operator HR 0002 BF00 Electronic Data Interchange (EDI) Specialist HR 0002 BG00 Electronic Meeting Technographer HR 0002 BH00 Enterprise Resource Planning (ERP) Specialist HR 0002 BI00 Facilitator HR 0002 BJ00 Financial Analyst IT HR 0002 BK01 Functional Analyst Level I HR 0002 BK02 Functional Analyst Level II HR 0002 BL01 General Clerk Level I HR 0002 BL02 General Clerk Level II HR 0002 BL03 General Clerk Level III HR 0002 BM00 Geographic Information System (GIS) HR 0002 BN00 Specialist Graphical User Interface Designer HR 0002 BO00 Graphics Specialist HR 0002 BP00 Hardware Draftsman HR B-8

23 ITEM DESCRIPTION U/M 0002 BQ01 Hardware Installation Technician Level HR 0002 BQ02 I Hardware Installation Technician Level HR 0002 BR00 II Hardware Specialist Information HR 0002 BS00 Technology Help Desk Manager HR 0002 BT00 Help Desk Specialist HR 0002 BU01 Imaging Specialist/Technician Level I HR 0002 BU02 Imaging Specialist/Technician Level II HR 0002 BU03 Imaging Specialist/Technician Level III HR 0002 BV00 Informatic Specialist/Bioinformatician HR 0002 BW01 Information Engineer Level I HR 0002 BW02 Information Engineer Level II HR 0002 BX00 Information Resource Management Analyst HR 0002 BY00 Information Systems Training Specialist HR Year BZ00 IT Policy/Legislative Specialist HR 0002 CA00 IT Strategic/Capital Planner HR 0002 CB00 Knowledge Management Specialist HR 0002 CC00 Librarian HR 0002 CD00 Librarian Technician HR 0002 CE00 Medical Billing/Account Management Specialist HR 0002 CF00 Modeling and Simulation Specialist HR 0002 CG00 Network Administrator HR 0002 CH00 Network Draftsman HR 0002 CI01 Network Installation Technician Level I HR 0002 CI02 Network Installation Technician Level II HR 0002 CJ00 Network Support Technician HR 0002 CK00 Operations Manager HR 0002 CL00 Procurement Product Specialist HR 0002 CM CN00 Program Administration Specialist Program Analyst HR HR 0002 CO00 FC00 Program Manager HR 0002 CP00 Project Control Specialist HR 0002 CQ00 FD00 Project Leader HR 0002 CR01 FE00 Project Manager Level I HR 0002 CR02 Project Manager Level II HR CR03 FF00 Project Manager Level III HR 0002 CS00 Public Health Analyst HR CT00 FG01 Quality Assurance Analyst HR 0002 CU00 Quality Assurance Manager HR 0002 FG CV00 Quality Assurance Specialist HR 0002 CW00 Records Management Specialist HR 0002 FH CX00 Scanner Operator HR 0002 CY FI00 Scientific Data Analyst HR 0002 FJ FK00 B FL00

24 ITEM DESCRIPTION U/M 0002 CZ01 Subject Matter Expert Level I HR 0002 CZ02 Subject Matter Expert Level II HR 0002 CZ03 Subject Matter Expert Level III HR 0002 DA01 System Administrator Level I HR 0002 DA02 System Administrator Level II HR 0002 DA03 System Administrator Level III HR 0002 DB01 Systems Architect Level I HR 0002 DB02 Systems Architect Level II HR 0002 DC01 Systems Engineer Level I HR 0002 DC02 Systems Engineer Level II HR 0002 DC03 Systems Engineer Level III HR 0002 DD00 System Operator HR 0002 DE00 System Programmer HR 0002 DF01 Technical Writer/Editor Level I HR 0002 DF02 Technical Writer/Editor Level II HR 0002 DF03 Technical Writer/Editor Level III HR 0002 DG01 Telecommunications Engineer Level I HR 0002 DG02 Telecommunications Engineer Level II HR Year DH01 Telecommunications Specialist Level I HR 0002 DH02 Telecommunications Specialist Level II HR 0002 DI00 Test Engineer HR 0002 DJ00 Training Manager HR 0002 DK01 Training Specialist Level I HR 0002 DK02 Training Specialist Level II HR 0002 DL00 Web Content Administrator HR 0002 DM00 Web Designer HR 0002 DN00 Web Project Manager HR 0002 DO00 Web Software Developer HR 0002 DP00 Webmaster HR 0002 DQ00 Wide Area Network Administrator HR a. Non-Personal Services Advance Understandings Pursuant to FAR 37.1, no personal services shall be performed under any task orders issued under this contract. All work requirements shall flow only from the agency OCO s Technical Representative to the Contractor's Project Manager. No Contractor employee will be directly supervised by the Government. All individual employee assignments, and daily work direction, shall be given by the applicable employee supervisor. If the Contractor believes any Government communication has been given or action taken that would create a personal services relationship between the Government and any Contractor employee, the Contractor shall promptly notify the OCO of this communication or action. b. Inherently Governmental Functions B-10

25 Pursuant to FAR 7.5, the Contractor shall not perform any inherently governmental actions under any task orders issued under this contract. No Contractor employee shall hold him or herself out to be a Government employee, agent, or representative. No Contractor employee shall state orally or in writing at any time that he or she is acting on behalf of the Government. In all communications with third parties in connection with any task orders under this contract, Contractor employees shall identify themselves as Contractor employees and specify the name of the company for which they work. In all communications with other Government Contractors in connection with any task order under this contract, the Contractor employee shall state that they have no authority to in any way change the task order and if the other Contractor believes this communication to be a direction to change their task order, they should notify the OCO for that contract and not carry out the direction until a clarification has been issued by the OCO. The Contractor shall ensure that all of its employees working on this contract are informed of the substance of this article. Nothing in this article shall limit the Government's rights in any way under the other provisions of the contract, including those related to the Government's right to inspect and accept the services to be performed under this contract. The substance of this article shall be included in all subcontracts at any tier. B-11

26 SECTION C: DESCRIPTION/SPECIFICATIONS/WORK STATEMENT Statement of Work This contract is designed to permit the Institutes and Centers (ICs) of NIH, the Department of Health and Human Services (DHHS), and all other Federal Agencies to acquire a wide range of IT services and solutions, both commercial and non-commercial (as referenced in FAR 2.101). These IT services include, but are not limited to, health, health science and biomedical-related IT services to meet scientific, health, administrative, operational, managerial, and information management requirements. The contract also contains general IT services partly because healthcare systems are increasingly integrated within a broader IT architecture, requiring a systems approach to their implementation and a sound infrastructure for their operation. The focus of this contract is to provide to Government agencies a mechanism for streamlined ordering of required IT solutions and services at equitable and reasonable prices, to give qualified small businesses a greater opportunity to participate in these requirements, and as a result, give Government agencies a mechanism to help meet their socio-economic contracting goals. The Task Areas included in the contract, in particular Task Area 1, IT Services for Biomedical Research, Health Sciences and Healthcare, support and provide consistency with the accountability goals of the Federal Health Architecture (FHA), whereby Federal Agencies are to coordinate effective capital planning activities and invest in and implement interoperable health IT. The Task Areas included in the contract are also designed to support the IT services described in the Federal Enterprise Architecture (FEA). Several examples follow: a. Task Area 2 (Article C.2.2), Chief Information Officer (CIO) Support can be used to develop and maintain agency enterprise architectures, in support of the FEA. b. For inherently IT components of the FEA, CIO-SP3 Small Business includes Task Areas that directly address those components. For example, the FEA includes document management as a digital asset service in the Service Reference Model (SRM) that can be addressed through Task Area 8 (Article C.2.8), Digital Government. c. For non-it components of the FEA, the contract includes Task Areas that support the automation of those components. For example, supply chain management is a business management service in the SRM. Task Area 9 (Article C.2.9), Enterprise Resource Planning includes the services needed to automate supply chain management. d. Several FEA components provide support for the execution of IT functions, e.g., customer relationship management, a customer service in the SRM. These components can be supported through Task Area 4 (Article C.2.4), Outsourcing and Task Area 5 (Article C.2.5), IT Operations and Maintenance (O&M). e. The FEA Technical Reference Model (TRM) includes standards and technology that would be selected and integrated into systems under specific task orders. For example, web servers are a delivery server in the TRM that could be selected and installed as part of Digital Government Task Area. In general, all Task Areas ultimately to be awarded under the contract must be compatible with the agency architecture defined by the agency's TRM. The standards and technology of the TRM will always be incorporated into the systems that are planned and developed under task orders awarded under the contract. f. The contract can be used to award task orders that support the Performance Reference Model (PRM) by collecting agency metrics affected by the task. All Task Areas involve collecting applicable data for the PRM measurement category of Information and C-1