Docket Management
Docket: 02N-0277 - Bioterrorism Preparedness; Establishment and Maintenance of Records, Section 306
Comment Number: EC -3

Accepted - Volume 1

Comment Record
Commentor Ms. 1 1 Date/Time 2002-08-13 19:14:18
Organization Ms. 1 1
Category Company

Comments for FDA General
1. General Comments Standard Form 18 - Continuation Block 18b: Submit invoices to the person(s) specified in Exhibit 1, clause 1, “Contracting Officer’s Technical Representative,” in accordance with Exhibit 1, clause 2, “Invoice Requirements.” Blocks 19-24: Schedule of Supplies/Services Base Period: Date of Award – One Year 19.Item No. 20.Schedule of Supplies/Services 21.Quantity 22.Unit 23.Unit Price 24.Amount 0001 NTE 200 audits per year 200 EA Option Period I: TBD 19.Item No. 20.Schedule of Supplies/Services 21.Quantity 22.Unit 23.Unit Price 24.Amount 1001 NTE 200 audits per year 200 EA Option Period II: TBD 19.Item No. 20.Schedule of Supplies/Services 21.Quantity 22.Unit 23.Unit Price 24.Amount 2001 NTE 200 audits per year 200 EA Option Period III: TBD 19.Item No. 20.Schedule of Supplies/Services 21.Quantity 22.Unit 23.Unit Price 24.Amount 3001 NTE 200 audits per year 200 EA Option Period IV: TBD 19.Item No. 20.Schedule of Supplies/Services 21.Quantity 22.Unit 23.Unit Price 24.Amount 4001 NTE 200 audits per year 200 EA GRAND TOTAL (Base Plus All Option Periods): $ Block 25: Accounting and Appropriation Data TBD Statement of Work For the Electronic Review of Pharmacy Records A. BACKGROUND The Drug Enforcement Administration Diversion Planning & Resources Section(ODA) acts as the principal advisor to the Office of Diversion Control (OD) management on all financial management matters. This includes budget planning, execution and monitoring of all Drug Diversion Control Fee Account (DDCFA) and appropriated chemical funds. It initiates field reviews to ensure proper management of DDCFA resources, in accordance with established policy. B. SCOPE OF WORK The purpose of this project is to use the services of a data conversion contractor to convert prescription information from pharmacies and provide the data to DEA in an electronic format. This will allow DEA the flexibility to analyze prescriptions for a given pharmacy, patient, or prescriber. In the pharmacy community there are currently 60,316 pharmacies, which operate with approximately 458 different versions of pharmacy computer programs. This provides great difficulty for the DEA when conducting investigations of pharmacies, prescribers, or patients. The data conversion contractor shall convert the database of each pharmacy into a format of DEA’s choosing, which will facilitate the electronic review of data by DEA. When conducting investigations in a specific area with numerous pharmacies, it will facilitate the processing of data while minimizing the registrant’s “down time” or “work stoppage”. C. SPECIFIC TASK The Drug Enforcement Administration Office of Diversion Control has a requirement for pharmaceutical database conversion and is seeking a contractor who can fulfill the following requirements. Task 1: Data Conversion The government will provide the contractor with automated pharmacy prescription data, purchase data, theft and loss data, and data of sales to other pharmacies or DEA registrants. The data will consist of various sizes and be provided in differing formats and media. 1. Contractor shall convert the media into a standardized searchable format to be specified by the government. 2. The contractor shall provide the converted data to DEA within 21 working days of receipt. CD-ROM with Excel spread sheet of all the data. 3. All media will be shipped to and returned from the contractor utilizing registered mail or other traceable service as directed by the government. 4. Original documents must be returned in unaltered form. It is currently estimated that the government will have a requirement to perform up to 200 pharmacy audits yearly. Each audit is estimated to be between five and eight Megs in size and will contain two to three years’ worth of data. The size of the database should not be a factor when determining the price of conversion. All personnel working on this contract must pass a government security check to handle sensitive material. Only those personnel cleared will be authorized to receive, handle and convert the data. The contractor shall provide all specialized software and hardware equipment necessary for converting the data and providing the finished product to DEA. The contractor shall convert the data to the standardized format as determined by DEA guidelines. All fields of the format will possess the ability to be linked according to specific fields. The converted data must be capable of being merged into larger similarly designed data files. The contractor shall obtain from the National Technical Information Service (NTIS) Springfield, Va. 22161 (1-800-553-6847) a monthly tape of all DEA Controlled Substance Act (CSA) registrants from the NTIS. To obtain a copy of the tape requires the Document Number of the tape or the file name (Drug Enforcement Administration Controlled Substance Act CSA Registration File). Quarterly subscriptions can be obtained by requesting your order using (SUB 5331). The cost is $900.00 per year for one user. Monthly subscriptions can be obtained by requesting your order using (SUB 5438). The cost is $1,920.00 a year for one user. GENERAL DISCRIPTION OF REQUIREMENTS The main menu screen should contain the following fields: Store Information View Reports Analysis The Store Information Screen shall contain the following selections: Store Name Address City, State, Zip Code Phone Number DEA registration number A total of the numbers of the following contained in the file: Prescribers Patients Controlled substances Prescriptions Dispensings The View Menu Screen shall contain the following selections: Prescriber, with the following information for individual prescribers Name Address City, State, Zip Code Phone Number State License number UPIN # DEA registration number as shown on pharmacy system DEA registration information from the NTIS tape including Name Address City, State, Zip Code DEA registration number Expiration date of DEA registration Schedules authorized to prescribe A profile of all controlled substance prescriptions authorized by the prescriber including: RX number Controlled Substance Schedule Quantity Patient name Date filled or refilled Patient with the following information: Name Address City, state, zip code Phone number List of Controlled Substances prescriptions for a patient Prescriber’s name Prescriptions with the following information RX number Date written Date filled Date(s) refilled Quantity written Quantity filled and refilled Patient name Prescriber’s name Number of refills authorized Drugs Drug name National Drug Code (NDC) number CSA schedule ( 2, 2N,3, 3N,4,5) Strength Package size Form Inventory requirements including: Initial Inventory Ending inventory Purchases Total quantity accountable for Sales by prescription Sales to other registrants Documented thefts, losses, or destruction’s Total accounted for Difference between accountable for and total accounted for expressed as both a number and as a percentage Reports The system shall be capable of printing the information shown on screen as displayed on screen and reports such as detailed patient profiles, prescribe profiles, and drug profiles. Analysis The Analysis portion of the software must access all data pertaining to the pharmacy to validate and list the following: Prescriptions filled using an expired or invalid DEA registration Prescriptions refilled more than the number of authorized times Prescriptions filled for more than the authorized quantity Prescriptions filled after the expiration date of the prescription Prescriptions filled for drugs in a schedule that the prescriber was not registered in. Task 2: Development & Implementation 1. The Contractor shall develop and place in operational mode a software program to convert and audit pharmacy information from approximately 200 pharmacies. 2. The Contractor shall provide an information security implementation plan for operating environments using current Department of Justice information security guidelines. 3. The Contractor shall conduct testing and evaluation, ensuring the conversion and audit applications are operating correctly before placing into operational mode. 4. The Contractor shall ensure that all data files created and delivered will be in a format acceptable to the government Task 3: Administration and Monitoring 1. The Contractor shall administer and monitor the data conversion activities, and data audits ensuring all security requirements are meet. 2. The Contractor shall document technical solutions for creation and delivery of data to the government. The documentation shall include supporting information and descriptions. 3. As new technology emerges and/or processes change, the Contractor shall provide modifications to the software program as required by the government. Position Description for Key Personnel The Contractor shall assign to this contract Key Personnel whose resume and background information has been submitted in the quotation. No replacement shall be made without advance written Contracting Officer (CO) approval. The replacement shall have equivalent academic training, licenses, experience, practical skills, certifications, knowledge and expertise as the individual they are being nominated to replace. The Contractor shall provide notification to the CO within 30 days of substitution of Key Personnel. A. Project Management: Project/Program Manager 1. Required Qualifications and Experience This position requires computer design, implementation and integration knowledge of various degrees. Must possess and apply comprehensive knowledge of information system management. The candidate must be able to plan and carry out complex projects to completion. The Project Manager must have excellent communication skills and considerable latitude to interpret task requirements and select methodologies and works within broad objectives. The Project Manager must be able to research and evaluate emerging information technologies relevant to this system, provide analytical services in regard to system architecture, equipment and software, and recommend enhancements to the Government. Position requires a minimum of six years of progressively more complex management of people, programs and ADP systems projects. 2. Duties The Project Manager (PM) shall be the liaison between the Contractor and the DEA’s Contracting Officer Technical Representative (COTR). This individual shall provide overall staff supervision and direction to all members of the staff who report to the PM. The PM will perform project cost management and monitoring, project status reporting, and will provide the interface with the Government for overall project control and of the staff. This individual shall provide overall project management of the Contractor's technical staff. Designate task leaders as appropriate and assign responsibility, as needed, at the task and sub-task level to ensure sufficient leadership and focus exists in key technical areas. This individual shall maintain close coordination with the DEA COTR to ensure adequate and appropriate staffing required for project tasking. Using a project management software application (such as Microsoft Project) to develop, document, and maintain project management controls through automated tools. Define the target system; develop improvement package, and implementation and migration plan. This individual shall conduct project reviews and conduct informal reviews, at the task level, as appropriate. For cost estimating purposes, the Contractor shall plan for four (4) formal project reviews, and weekly informal reviews during the development of the software program. Additional Position Descriptions In addition to the key position, the following labor categories have been identified as possible additional positions under this contract. Positions identified for this contract shall be identified and defined by the offeror. The position titles are subject to change/correction. However, the required qualifications, experience, and duties for the particular position are required A. Network/Telecommunications Analyst 1. Required Qualifications and Experience This position requires proficiency in the network/telecommunications field. The candidate must be knowledgeable of LANs and WANs and hardware concepts to include the ability to repair on a component level and advise others on proper maintenance required. The candidate must possess a minimum of four years of experience with network hardware and software. This position also requires four years of experience with UNIX and Microsoft Windows NT operating systems and knowledge of high-speed networks 2. Duties This position supports day-to-day monitoring of the network, identifying and resolving problems as required. All changes to the network configuration will be coordinated with this position that will be responsible for implementing modifications to network topology. B. Database/Application Development: Lead Database/Application Developer 1. Required Qualifications and Experience Position requires extensive knowledge of systems analyses, complex systems design, and implementation. Candidate must possess and apply comprehensive knowledge of information system management and is able to direct complex programming projects to completion. Candidate must be able to solicit requirements from users and perform systems analysis for highly complex projects. Candidate must be able to analyze operations of complex projects, programs and activities and recommend modifications where appropriate. Candidate must be able to work within broad objectives and must possess a minimum of five years database experience and at least three years knowledge of the UNIX and Microsoft NT operating systems. Four year’s experience and knowledge in communications software, UNIX and Oracle RDBMS is required. This position must also possess a minimum of one-year programming experience in Oracle Designer 2000, and Oracle Developer 2000. 2. Duties The Lead Database/Application Developer will be responsible for software applications developments, maintenance, enhancements and documentation. This position will direct the design and development of new applications or enhancements as requirements are identified and approved by the Government for implementation. This position will also insure that proper support is provided to the Database Administrator is regards to database administration functions. C. Security/Technology Research and Integration Specialist 1. Required Qualifications and Experience The candidate shall have 5 years of intensive and progressive experience in performing configuration management and systems integration activities on a broad base of ADP systems. Experience shall include the analysis, development, and execution of state-of-the-art technology research and integration in accordance with a life cycle methodology. Candidate must also have experience in risk analysis and security audit methodologies; computer center operations; contingency planning, computer security and preparation of accreditation and certification documentation. 2. Duties This individual shall be responsible for managing the requirement. This individual shall provide technical assessment of the security features/functionality; shall execute Contractor run security tests to demonstrate the adequacy of the security features and requirements, submit security reports such as Risk Assessments (RA) et al., shall oversee the Contractor’s provision of computer and communication security services to ensure that the system conforms to all relevant regulations and guidelines, and shall be able to add and remove system users as This individual shall also provide technology and system research and integration services to ensure that OD is well-informed of emerging information technologies relevant to OD’s mission. Furthermore, this individual shall provide preliminary studies, analysis and recommendations for new requirements in regard to system architecture; equipment and software to include network integration studies. D. Programmer/Application Programmer 1. Required Qualifications and Experience Reviews, analyzes, and modifies programming systems including encoding, testing, debugging and installing to support an organization's business applications. Gathers requirements from users and creates specifications and develops code. Designs and writes code web to support existing application. May require a bachelor's degree in a related area and 2-5 years of experience in the field or in a related area. Familiar with standard concepts, practices, and procedures within a particular field. Relies on limited experience and judgment to plan and accomplish goals. Performs a variety of tasks. Works under general supervision; typically reports to a project leader or manager. A certain degree of creativity and latitude is required. 2. Duties The Programmer/Application Programmer will be responsible for software applications developments, maintenance, enhancements and documentation. This position will direct the design and development of new applications or enhancements as requirements are identified and approved by the Government for implementation. This position will also insure that proper support is provided to the Database Administrator is regards to database administration functions. E. Software Engineer 1. Required Qualifications and Experience Designs, modifies, develops, writes and implements software programming applications. Supports and/or installs software applications. Participates in the testing process through test review and analysis, test witnessing and certification of software. Requires a bachelor's degree in a related area and 2-5 years of experience in the field or in a related area. Familiar with standard concepts, practices, and procedures within a particular field. Relies on limited experience and judgment to plan and accomplish goals. Performs a variety of tasks. Works under general supervision; typically reports to a manager. A certain degree of creativity and latitude is required. 2. Duties Software Engineer will be responsible for software developments, maintenance, enhancements and documentation of all software associated with the task order. Reviews, analyzes, and modifies software systems including encoding, testing and debugging software. Familiar with standard concepts, practices, and procedures within a particular field. Must rely on extensive experience and judgment to plan and accomplish software enhancements. Performs a variety of tasks. Works under general supervision; typically reports to a project leader or manager. A certain degree of creativity and latitude is required. The labor listed below is based on 2000hr for one year. Amounts listed are for planning and are strictly estimates. The actual level of effort (LOE) provided by the contractor will likely be different. The estimates below are reasonable. The LOE for some labor categories is assumed to be 100% full time. Several of the labor categories will only be required for a short duration during the life of the contract. Allow for some activity; during the life of the contract will allow the contractor to develop the necessary technical staff to support the contract. Assignment Labor Category FY/2002 FY/2003 FY/2004 FY2005 Project Management Project Manger 500 500 500 500 Technical Technical Writer 500 500 500 500 Staff Computer Systems Analyst 2000 2000 2000 2000 Applications Programmer 1000 500 500 500 Software Engineer 1000 1500 1500 1500 Database Database/Application Developer 1000 500 500 500 Network Network/Telecommunications Analyst 250 250 250 250 Security Security/Technology Research Integration Specialist 500 500 500 500 FY Total 6750 7250 7250 7250 The contractor may need to add additional labor categories in order to perform the contract. PERFORMANCE INDICATORS A. Accuracy of the information provided, as determined by the searchable fields and information contained therein. Should information require corrections to be made, payment will be withheld until all corrections are made. B. Timeliness of the work measured by the turn-around time, which is from time of receipt to time of deliver. Measured in days. Should the Contractor exceed the allotted 21 day time frame, payment will be withheld until that job is completed. Deliverables A. The Contractor shall provide, in operational mode a software program to convert and audit pharmacy information. (Ti30) thirty days) B. The Contractor shall provide the converted data to DEA within 21 working days of receipt on a CD-ROM with Excel spreadsheet of all the data. C. The Contractor shall return the original documents in unaltered form by registered receipt. D. The Contractor shall provide source documentation E. The Contractor shall provide a “users manual” that discusses how to use the software program (maximum of 15 – 20 pages) Monthly Status Report A. The Contractor shall submit written Monthly Status Reports no later than the 10th working day of the following month indicating the work accomplished status and problems areas and projection of work to be completed in the following month. They may be e-mailed to the attention of the COTR. All documents, electronic media, etc., provided to the vendor and generated under this contract constitute the exclusive property of the Drug Enforcement Administration (DEA) and shall not be disclosed to third parties without written authorization from the DEA. DEA further reserves the right to retrieve any documents generated under this contract if it believes retrieval is necessary to protect its interest. PERIOD OF PERFORMANCE A. This contract shall be in effect from the date of award through a period of one year. It may be renewable for up to four additional one-year periods at the option of the Government. In the event the Government exercises its right to renew this contract, the prices shall be those determined in accordance with the contract. All other terms and conditions shall remain unchanged. Place of Performance The Contract shall be performed by the contractor at the contractor’s facilities. Government Furnished Items The Government will not provide space or equipment. Travel & Per Diem All cost associated with Travel & Per Diem shall be authorized on a case by case basis and approved by the COTR and IAW Federal Travel Regulations. A. The contractor shall be responsible for all travel and room arrangements. B. The contractor shall be reimbursed for actual transportation costs and travel allowances (per diem) of personnel who are authorized to undertake out-of-town, overnight travel under this contract, in accordance with the established policy of the contractor. Such transportation costs shall not be reimbursed in an amount greater than the cost of first class rail or economy air travel, unless first class rail or economy air travel space are not available and the contractor certifies to these facts in the voucher or other documents submitted for reimbursement. Any expenses incurred by the Contractor personnel without prior Government approval may be denied for payment. C. The Contractor shall be reimbursed for the cost of travel performed by its personnel in their privately owned automobiles, at the current mileage rate in effect per the Federal Travel Regulations, not to exceed the cost by the most direct economy air route between the points so traveled. If more than one person travels in such automobiles, the contractor will make no additional charge for such travel. D. It is understood and greed that no direct travel costs for Contractor personnel travel from place of residence to and from normally assigned work site shall be allowable under this contract. D. SECURITY REQUIREMENTS (Unclassified Contracts) (FEB 2002) To ensure the security, integrity and confidentiality of DEA facilities, data holdings, and criminal justice intelligence, it will be necessary to conduct a background investigation (BI) of each contractor or subcontractor employee directly engaged in the performance of this contract. The level of BI will be determined in accordance with DEA policy and based on the risk level of the position. These investigations may be waived in the event the contractor can provide evidence that the personnel directly engaged in the fulfillment of this contract possess a current BI and meet the pertinent security requirements for contract employment with DEA. Every contract employee will undergo a pre-appointment BI before entering on duty. Contract employees may begin work only after the completion and favorable adjudication of the required BI, unless a waiver is approved by the Office of Security Programs (IS) that allows the employee to begin work prior to completion (and contingent on approval) of the BI. After the investigation has been favorably adjudicated or a waiver has been approved, the Contracting Officer’s Technical Representative (COTR) will notify the contractor that the contract employees are authorized to begin work under the contract. Submission of Security Forms: Each prospective contract or subcontract employee must furnish the following documents to the COTR in the form and format indicated. Blank forms not included as attachments to the contract will be provided by the COTR. The forms shall be completed and submitted to the COTR at least 60 business days prior to the use of services of prospective employees who will be performing under this contract. a. Form FD-258 (Applicant Fingerprint Card) (three cards). b. Drug Use Statement. (one copy with original signature). c. DOJ Form 555A, Authorization for Credit Release. (one copy with original signature). d. Standard Form (SF) 86 (9/95 Version) – Questionnaire for National Security Positions (original and one copy with original signatures on pages 9, 10, and on the Authorization for Release of Medical Information ; signatures must be less than 60 days old when the package arrives at DEA for processing). Note: A number of questions on the SF-86 have a 7-year time frame. The following questions must be answered using a 10-year time frame: Question 9: Residence Question 10: Education Question 11: Employment Question 12: References Question 21: Medical Question 22: Discharges Question 23: Police Record Question 29: Court Actions e. For “sensitive” positions only: A statement that the individual has resided in the United States for three out of the five years immediately prior to applying for the position. f. The individual must be a citizen (either by birth or naturalization) or a national of the United States, or an alien assigned by the Immigration and Naturalization Service (INS) to a class of immigrants authorized to be employed, or an individual alien who is expressly authorized by the INS to be employed. The contractor shall verify and maintain documentation that all of its employees engaged in the performance of duties on this contract are in compliance with Code of Federal Regulations, Title 8, Subsection 274a. Contractor Security Program: The contractor shall pre-screen all persons proposed for work under this contract for suitability. To facilitate this process, the contractor shall designate a Security Officer (and an alternate in case of the primary’s Security Officer’s absence) with the authority and responsibility for performing personnel security screening to the maximum extent practical. At a minimum, pre-screening shall include, but not be limited to, verification of current home address, phone number, and prior work experience, as well as witnessing the employee’s signature on the aforementioned Drug Use Statement. Other duties shall include, but not be limited to, the following: ensuring that all security forms are filled out correctly and completely and submitted to the COTR in a timely manner; ensuring that only cleared employees are authorized access to the project area; ensuring that contract employees are denied access to National Security information; and ensuring that contract employees do not remove DEA data or materials from the project area. The contractor shall provide a monthly status report of all contractor employees seeking DEA security clearances. The report shall state the current status of all security clearance packages, dates these packages were submitted to the DEA COTR, dates security clearance notifications were received from DEA, how many contractor employees are cleared, and how many are pending clearance. The due date of the report will be established by the COTR at contract award. Guidelines for Employment on a DEA Contract: The contractor shall make every effort to preclude incurrence of avoidable costs by the Government for BIs by pre-screening all applicants to ensure that all personnel furnished are reliable and of reputable background and sound character. 1. The following types of previous conduct, as disclosed on the personnel security questionnaires, in a personal interview with the prospective contract employee, or disclosed as part of the BI, are grounds for mandatory disqualification for employment on a DEA contract: a. Conviction resulting from a felony, regardless of when the conviction occurred. b. Pending indictments or criminal charges. c. Currently serving probation period resulting from a criminal conviction. d. Infamous or disgraceful conduct. e. Current or prior illegal use of drugs: As a result of its law enforcement responsibilities, as well as the sensitive nature of its work, DEA has a compelling obligation to ensure a workplace that is free of illegal drugs. Current DEA drug use policy states that, “applicants who are found, through investigation or personal admission, to have experimented with or used narcotics or dangerous drugs, except those medically prescribed, will not be considered for employment with DEA. Exceptions to this policy may be made for applicants who admit to experimental use of marijuana. Such applicants may be considered for employment if there is no evidence of regular, confirmed usage and the BI is otherwise favorable. Experimental use or use of any narcotic, dangerous drug or marijuana, except medically prescribed, after employment with DEA is cause for removal.” f. Recent history of, or current, continuing alcohol abuse. g. Intentional false statement, deception, or fraud in appointment (e.g., altering the condition of discharge on military discharge documents, altering college transcripts, falsely completing the appropriate security questionnaire (SF 86), or other official documents used in the selection process). Conflicting statements of drug use within the appropriate security questionnaire (SF 86) and the Drug Use Questionnaire, and/or the BI, will constitute a false statement. h. Default on a guaranteed student loan (without any attempt to repay such loans). Failure to honor any just debt, as may be indicated from the BI, credit check or self-admission, will constitute a default on credit. In these circumstances, the applicant will be required to correct any credit deficiencies prior to further processing of the security paperwork. i. Failure to pay income tax, or other Federal or state financial obligation. j. Failure to pay child support. k. Evidence of behavior that is disloyal to the United States, or reasonable doubt of loyalty to the United States. l. Dual Citizenship (depending on the country and reasons for acquiring and maintaining it). m. For positions requiring access to sensitive information: has not resided in the United States for at least 3 out of the last 5 years. n. Failure to register for the Selective Service (males born after December 31, 1959). o. For ADP positions requiring access to sensitive information or to a sensitive DEA computer system, and non-ADP positions requiring access to a sensitive DEA computer system: not a United States citizen. These guidelines are not meant to be exhaustive. It is possible that issues concerning the hiring or retention of a contractor employee may be raised that are not addressed in these guidelines. 2. DEA may inquire into and examine a contract employee applicant’s performance, experience, conduct, character, judgment, stability, discretion, integrity, responsibility, and candor in determining his/her trustworthiness for contract employment with DEA. In making this determination, DEA may investigate and consider any matter that would reasonably subject the prospective contract employee to coercion; but no inference concerning susceptibility to coercion may be raised solely on the basis of race, color, religion, sex, national origin, disability, or sexual orientation. Sexual orientation is not germane to a person’s security eligibility. Conduct or behavior becomes germane to the adjudication of a BI when it offers the potential for undue influence, coercion, or exploitation that may cause the individual to act in a manner inconsistent with the mission of DEA. 3. In the event DEA or the contractor has reasonable cause to believe that a prospective contract employee falls under any of the disqualification factors listed above, the prospective contract employee must be removed from consideration for performance under the contract. If a contract employee’s BI results in a determination of unsuitability or is otherwise deemed unfavorable, the contract employee must be removed from further consideration for performance under any DEA contract. DEA reserves the right to refuse and/or terminate the service and access of any contract employee who is or may be judged a security risk. The COTR will inform the contractor of any objections concerning specific applicants or employees. It is understood that a determination by DEA that a person is not suitable to perform work under this contract is not a denial, suspension, or revocation of a previously granted security clearance and is neither intended as nor shall be interpreted as a direction or recommendation to the contractor regarding the suitability of an affected individual for other employment outside the scope of any DEA contract. 4. Discretionary Factors: All available, reliable information about the person, past and present, favorable and unfavorable, will be considered in reaching a determination regarding whether to hire a contract employee for a DEA contract. In evaluating the relevance of a person’s conduct, the following factors may be considered: a. Nature, extent, and seriousness of the conduct. b. The circumstances surrounding the conduct, to include knowledgeable participation. c. The frequency and recency of the conduct. d. The individual’s age and maturity at the time of the conduct. e. The voluntariness of participation. f. The motivation of the conduct. g. The potential for pressure, coercion, exploitation, or duress. h. The likelihood of continuation or recurrence. i. The potential for rehabilitation. Unacceptable Contract Employees The Government reserves the right to require the contractor to dismiss immediately from work under this contract such employees as it deems unsuitable for reasons such as, but not limited to: a. Violation of the Rules and Regulations Governing Public Buildings and Grounds, 41 CFR 101-20.3. b. Falsification or unlawful concealment, removal, mutilation, or destruction of any official documents or records, or concealment of material facts by willful omissions from official documents or records. c. Disorderly conduct, use of abusive or offensive language, quarreling, intimidation by words or actions, or fighting. Also, participation in disruptive activities that interfere with the normal and efficient operations of the Government. d. Theft, vandalism, immoral conduct, or any other criminal action. e. Selling, consuming, possessing, or being under the influence of intoxicants, illegal drugs, or substances that produce similar effects, while on duty. f. Unethical or improper use of official authority or credentials. g. Unauthorized use of communications equipment or Government property. h. Conspicuous violations of security procedures or regulations. i. Identification as a potential threat to the health, safety, or security of the facility and its population. DEA reserves the right to reinvestigate any contract employee at any time during the period of contract employment to ascertain whether they continue to meet the requirements for access to sensitive or classified information. CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE (COTR) (JAR 2852.201-70) (JAN 1985) (a) Mr. /Ms. (Name TBD), Office of Diversion Control, 600 Army Navy Drive, Arlington, VA 22202, phone number (202) 307-xxxx, is hereby designated to act as Contracting Officer’s Technical Representative (COTR) under this contract. (b) The COTR is responsible, as applicable, for: receiving all deliverables; inspecting and accepting the supplies or services provided hereunder in accordance with the terms and conditions of this contract; providing direction to the contractor which clarifies the contract effort, fills in details or otherwise services to accomplish the contractual Statement of Work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment prior to forwarding the original invoice to the payment office and a conformed copy to the Contracting Officer. (c) The COTR does not have the authority to alter the contractor’s obligations under the contract, direct changes that fall within the purview of the General Provisions clause entitled “Changes,” and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If as a result of technical discussions, it is desirable to alter/change contractual obligations or the Statement of Work, the contracting Officer shall issue such changes in writing. INVOICE REQUIREMENTS (MAR 1999) (a) The contractor may submit an invoice(s) monthly to: (1) The original invoice shall be submitted to the Contracting Officer’s Technical Representative (COTR) identified in the above clause. (2) An additional copy of the invoice, clearly marked as an information copy, shall be submitted to the Contracting Officer, to increase efficiency in the inspection and acceptance of delivered goods and services and the receipt of corresponding payment. (b) In addition to the items required in FAR clause 52.232-25, PROMPT PAYMENT, at (a)(3)(i) through (Viii), a proper invoice must also include the following minimum additional information and/or attached documentation: (1) Separate, distinct invoice number: (2) Delivery or Task Order Number, if applicable (3) Total/cumulative charges for the billing period (4) Dates upon which items were delivered (5) Taxpayer Identification Number (TIN); and (6) A statement signed by a responsible official of the concern substantially similar if not identical to the following: “I certify that the times above have been delivered in accordance with the contract, and that all charges are true, correct, and have not been previously billed. EVALUTION OF PAST PERFORMANCE Upon completion of the first year of this Contract (Base Year), and at a minimum, at least twice a year by the COTR, the Contractor’s performance under this contract will be rated, using the Contractor Performance Report (to be provided after award). The Contractor will be provided with an opportunity to respond to the rating and all comments, rebuttals, or additional information will be attached to the Performance Report and forwarded to the cognizant Contracting Officer. This information will be maintained on file for a maximum of three years, after contract expiration, and will be used by the contracting activity to provide information to other federal agencies an/or contracting activities regarding the Contractor’s performance or past performance. ADMINISTRATIVE INQUIRIES (AUG 2000) The Contractor and all Contractor employees and personnel participating in the performance of this contract shall comply with this ADMINISTRATIVE INQUIRIES clause. Accordingly, the Contractor shall obtain, and make available upon request by the Contracting Officer, a certification, signed by each contract employee participating in the performance of this contract, attesting to the fact that they have been apprised of and will comply with the ADMINISTRATIVE INQUIRIES clause as stated herein. (a) The Drug Enforcement Administration (DEA) is a Federal law enforcement agency charged with investigating and prosecuting persons violating the drug laws of the United States. It is essential that DEA personnel and personnel of the contractors who support DEA be of the highest ethical caliber. (b) The Contractor and its personnel agree that an inspector or investigator of the DEA, Department of Justice (DOJ), or any other duly authorized organization or entity shall have the right to conduct any and all inquiries or investigations deemed appropriate by such organizations or entities. The Contractor and its personnel agree to cooperate fully, to the best of their ability, with any such inquiry or investigation. (c) The Contractor and its personnel agree that persons performing such investigations or inquiries have the right to question the Contractor and its personnel. The Contractor and its personnel agree to respond fully and truthfully to such questioning and to provide sworn statements, declarations, or affirmations, as requested. Contract personnel will retain their constitutional protection against compelled self-incrimination. However, if the subject of the questioning is informed that the questioning being conducted is for administrative, security, and/or contractual purposes, and that statements made by the subject cannot be used against the subject in any criminal prosecution (except in cases where the subject is criminally prosecuted for knowingly and willfully providing false information), the subject is required to respond to questioning in accordance with this clause. (d) The Contractor and its personnel agree that there is no expectation of privacy in any DEA assigned work spaces or equipment including, but not limited to, desk, file cabinets, or containers of any kind, computers and any storage media, or any such spaces or equipment provided by the Contractor or its personnel for use in DEA facilities or premises, and further agree that any such space or equipment may be searched with or without notice to the Contractor and its personnel. (e) The Contractor shall inform its employees of their duties under this contract. The Contractor and its personnel agree that, in addition to any other actions DEA may be entitled to utilize or employ, contract personnel who fail to cooperate fully with any inquiry or investigation, or who fail or refuse to perform any duty under this contract, may immediately and without advance notice have their security clearance suspended or revoked, be removed from the work site, be released from their contractual duties, or any and all relief appropriate under the circumstances. In the event that any such action is taken, neither the Contractor nor its personnel are entitled to be informed of the basis for the action. Such notice is within the sole discretion of the DEA. EVALUATION FACTORS FOR AWARD The Government will award a contract resulting from this RFQ to the responsible offeror whose offer conforming to this RFQ will be the most advantageous “best value” to the Government, price and other factors considered. The factors are 1) past performance, 2) technical capability, and 3) price. 1. CONTRACTOR PAST PERFORMANCE REFERENCES You are required to provide three past performance references to be used for evaluation purposes. The past performance shall be for work of a similar size, scope and complexity as this requirement that reflects your capability to perform data conversion services utilizing software to translate and convert the data. Please provide the company name, point of contact, address and telephone number. 2. TECHNICAL QUALIFICATIONS Please provide a brief description of your capabilities to do this type of data manipulation. Three samples of your work are requested. It shall show where the data was converted and that the final product was a database in CD ROM form that would look similar to an Access database with formatted screens and printable fields. The data in the demos does not need to be real data but it must be user-friendly and allow manipulation of the fields. 3. PRICE A.1 FAR 52.252-2: CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: ______________________________________________________________________________ I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES NUMBER DATE TITLE 52.212-4 FEB 2002 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS 52.217-8 NOV 1999 OPTION TO EXTEND SERVICES 52.217-9 MAR 2000 OPTOIN TO EXTEND THE TERM OF THE CONTRACT (a) 30 days (c) 3 years 52.219-6 JULY 1996 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE 52.227-17 JUNE 1987 RIGHTS IN DATA – SPECIAL WORKS 52.232-18 APRIL 1984 AVAILABILITY OF FUNDS 52.246-4 AUG 1996 INSPECTION OF SERVICES – FIXED PRICE NOTE: See Exhibit 1 for additional terms and conditions. A.2 FAR 52.212-5: CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (MAY 2002) (a) The Contractor shall comply with the following FAR clauses, which are incorporated in this contract by reference, to implement provisions of law or executive orders applicable to acquisitions of commercial items: (1) 52.222-3, Convict Labor (E.O. 11755). (2) 52.233-3, Protest after Award (31 U.S.C. 3553). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items or components: [Contracting Officer shall check as appropriate.] [X ] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government, with Alternate I (41 U.S.C. 253g and 10 U.S.C. 2402). [ ] (2) 52.219-3, Notice of Total HUBZone Small Business Set-Aside (Jan 1999). [ ] (3) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 1999) (if the offeror elects to waive the preference, it shall so indicate in its offer). [ ] (4)(i) 52.219-5, Very Small Business Set-Aside (Pub. L. 103-403, section 304, Small Business Reauthorization and Amendments Act of 1994). [ ] (ii) Alternate I to 52.219-5. [ ] (iii) Alternate II to 52.219-5. [X ] (5) 52.219-8, Utilization of Small Business Concerns (15 U.S.C. 637 (d)(2) and (3)). [ ] (6) 52.219-9, Small Business Subcontracting Plan (15 U.S.C. 637(d)(4)). [ ] (7) 52.219-14, Limitations on Subcontracting (15 U.S.C. 637(a)(14)). [ ] (8)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). (ii)[ ] Alternate I of 52.219-23. [ ] (9) 52.219-25, Small Disadvantaged Business Participation Program - Disadvantaged Status and Reporting (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). [ ] (10) 52.219-26, Small Disadvantaged Business Participation Program - Incentive Subcontracting (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). [ X ] (11) 52.222-21, Prohibition of Segregated Facilities (Feb 1999) [X ] (12) 52.222-26, Equal Opportunity (E.O. 11246). [X ] (13) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (38 U.S.C. 4212). [ ] (14) 52.222-36, Affirmative Action for Workers with Disabilities (29 U.S.C. 793). [ ] (15) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (38 U.S.C. 4212). [ ] (16) 52.222-19, Child Labor - Cooperation with Authorities and Remedies (E.O. 13126). [ ] (17)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (42 U.S.C. 6962(c)(3)(A)(ii)). [ ] (ii) Alternate I of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). [ ] (18) 52.225-1, Buy American Act--Supplies (41 U.S.C. 10a-10d). [ ] (19)(i) 52.225-3, Buy American Act--North American Free Trade Agreement--Israeli Trade Act (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note). [ ] (ii) Alternate I of 52.225-3. [ ] (iii) Alternate II of 52.225-3. [ X] (20) 52.225-5, Trade Agreements (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). [ ] (21) 52.225-13, Restriction on Certain Foreign Purchases (E.O. 12722, 12724, 13059, 13067, 13121, and 13129). [ ] (22) 52.225-15, Sanctioned European Union Country End Products (E.O. 12849). [ ] (23) 52.225-16, Sanctioned European Union Country Services (E.O. 12849). [ ] (24) 52.232-33, Payment by Electronic Funds Transfer - Central Contractor Registration (31 U.S.C. 3332). [X ] (25) 52.232-34, Payment by Electronic Funds Transfer - Other than Central Contractor Registration (31 U.S.C. 3332). [ ] (26) 52.232-36, Payment by Third Party (31 U.S.C. 3332). [ ] (27) 52.239-1, Privacy or Security Safeguards (5 U.S.C. 552a). [ ] (28)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (46 U.S.C. 1241). [ ] (ii) Alternate I of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, which the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items or components: [Contracting Officer check as appropriate.] [ ] (1) 52.222-41, Service Contract Act of 1965, As Amended (41 U.S.C. 351, et seq.). [ ] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). [ ] (3) 52.222-43, Fair Labor Standards Act and Service Contract Act - Price Adjustment (Multiple Year and Option Contracts) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). [ ] (4) 52.222-44, Fair Labor Standards Act and Service Contract Act - Price Adjustment (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). [ ] (5) 52.222-47, SCA Minimum Wages and Fringe Benefits Applicable to Successor Contract Pursuant to Predecessor Contractor Collective Bargaining Agreement (CBA) (41 U.S.C. 351, et seq.). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records - Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) or (d) of this clause, the Contractor is not required to include any FAR clause, other than those listed below (and as may be required by an addenda to this paragraph to establish the reasonableness of prices under Part 15), in a subcontract for commercial items or commercial components - (1) 52.222-26, Equal Opportunity (E.O. 11246); (2) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (38 U.S.C. 4212); (3) 52.222-36, Affirmative Action for Workers with Disabilities (29 U.S.C. 793); (4) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (46 U.S.C. 1241) (flow down not required for subcontracts awarded beginning May 1, 1996); and (5) 52.222-41, Service Contract Act of 1965, As Amended (41 U.S.C. 351, et seq.). (End of clause) CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS Exhibits 1. Additional Terms and Conditions 2. Contractor Performance Report and Ratings Guidelines Add exhibits as needed. Attachments (NOTE: These will be deleted upon contract award.) 1. Contractor Past Performance Survey (if required) CONTRACTOR PERFORMANCE REPORT [ ] Final Rating [ ] Interim Rating Period of Report -- From: __________ Through: ___________ 1. Contractor Name and Address: 2. Contract Number: _________________________________________3. Contract Value (Base Plus Options): ______________________________4. Contract Award Date: __________________________________________ Contract Completion Date: ______________________________________ 5. Type of Contract: (Check all that apply)[ ] FP [ ] Time & Material [ ] Sealed Bid [ ] Competitive [ ] Supplies/Equipment[ ] FPI [ ] Labor Hour [ ] Negotiated [ ] Non-competitive [ ] Services[ ] CR [ ] 8(a) [ ] TO/DO [ ] Requirements [ ] Commercial Item Acquisition[ ] SBA Set-Aside [ ] ID/IQ 6. Description of Requirement: 7. Ratings: After commenting, score in column on the right, using 1 for unsatisfactory, 2 for marginal, 3 for satisfactory, 4 for very good, and 5 for exceptional. (See page four for explanation of rating scale.) Quality Comments 12345 Cost Control Comments 12345 Timeliness of Performance Comments 12345 Business Relations Comments 12345 Total Score (sum of scores from each area) Mean Score (sum of scores divided by number of areas evaluated) 8. Subcontractors and Teaming and Joint Ventures Partners. List major subcontractors, team, joint venture partners, by names with brief description of work and names of key personnel.a. b.c. 9. Key Personnel: a. Project Manager Name_______________________________ Employment Dates_____________________ Comments: b. Title__________________ Name_______________________________ Employment Dates____________________ Comments: c. Title__________________ Name_______________________________ Employment Dates____________________ Comments: d. Title__________________ Name_______________________________ Employment Dates____________________ Comments: 10. Would you select this firm again? [ ] Yes [ ] No Is/Was the contractor committed to customer satisfaction? [ ] Yes [ ] No 11. Program Officer Name: Phone/Fax: Signature:Date: Date sent to Contractor: CO’s initials: 12. Contractor Review. Were comments, rebuttals, or additional information provided? [ ] Yes [ ] No Please attach comments. 13. Contractor Name: Phone: Fax: Internet (e-mail) address: Signature: ________________________________________________________Date: __________________ 14. Agency Review. Were contractor comments reviewed at a level above the Contracting Officer? [ ] Yes [ ] No Please attach comments. Number of pages: _____ 15. Final Ratings. Re-assess the Block 7 ratings based on contractor comments and agency review. Revise Block 7 rating, if appropriate. Quality______ Cost Control______ Timeliness_______ Business Relations_______ Mean Score (add the ratings above and divide by number of areas rated) _______ 16. Contracting Officer Name: Phone/Fax/Internet (e-mail) Address: Signature: _________________________________________________________Date: ____________________ Release of Information: This Contractor Performance Report may be used to support future award decisions, and will be treated as source selection information in accordance with FAR 3.104-4(k)(1)(x) and 42.1503(b). The completed report shall not be released to other than Government personnel and the contractor whose performance is being evaluated during the period the information is being used to provide source selection information. CONTRACTOR PERFORMANCE REPORT INSTRUCTIONSBlock 1: Contractor Name and Address. Identify the specific division being evaluated if there is more than one.Block 2: Contract/Task Order number of contract being evaluated.Block 3: Contract value shall include base plus options. If funding was increased or decreased during the evaluation period, the value in this block Should reflect that change.Block 4: Contract award date and anticipated contract completion date.Block 5: Type of Contract. Check all that apply.Block 6: Provide a brief description of the work being done under the contract and identify the key performance indicators. This description will allow Agencies calling for reference checks to compare statements of work.Block 7: Indicate rating in far right column. In the comment area, provide rationale for the rating. Indicate the contract requirements that were Exceeded or not met by the contractor and by how much. Also calculate the total and mean scores for the ratings.Block 8: Identify major subcontractors, team partners, and their work responsibilities. List key personnel employed during the rating period that played a major role in the performance rating. Do not list key personnel not employed long enough to affect performance. In some cases, more than one individual may have served in a key position. List persons that had an effect on the ratings.Block 9: Identify prime contractor key personnel. See block 8 above for instructions..Block 10: Explain why you would or would not select the contractor for this contract again.Block 11: Provide information indicated. COTR will prepare in most instances.Block 12-13: The contractor may provide comments but must sign Block 13 to indicate it has reviewed the rating.Block 14: If the contractor and contracting officer are unable to agree on a final rating, the contractor may seek review at a level above the contracting Officer. Provide information indicated. Block 15: Adjust the ratings assigned in Block 7, if appropriate, based on any comments, rebuttals, or additional information provided by the contractor, And if necessary, by the agency review. Calculate a mean score.Block 16: The contracting officer’s signature indicates concurrence with the initial and final ratings. RATING GUIDELINES Use the following instructions as guidance in making evaluations. Ensure that this assessment is consistent with any other Agency assessment (e.g., for payment of fee purposes). QUALITY OF PRODUCT/SERVICE COST CONTROL TIMELINESS OF PERFORMANCE BUSINESS RELATIONS - compliance with contract requirements - accuracy of reports - appropriateness of personnel - technical excellence - within budget (over/under target costs)- current, accurate, and complete billings - relationship of negotiated costs to actuals- costs efficiencies - change orders issued - met interim milestones- reliable- responsive to technical direction- completed on time, including wrap-up and contract administration- no liquidated damages assessed - effective management - businesslike correspondence- responsive to contract requirements- prompt notification of problems- reasonable/cooperative- flexible, pro-active, effective- recommended viable solutions- effective small/small disadvantaged business subcontracting program 1 – UNSATISFACTORY Most performance requirements are not met; recovery not likely Significant cost overruns; not likely to recover cost control Many late deliveries; negative cost impact/loss of capability for Government Delinquent responses/lack of cooperative spirit; unsatisfied user/unable to improve relations; significantly under subcontractor goals; excessive unnecessary change proposals to correct poor management; significantly untimely definitization of change proposals 2 – MARGINAL Some performance requirements are not met; performance reflects serious problem/ ineffective corrective actions Do not meet cost/price estimates; inadequate corrective action plans/no innovative techniques to bring overall expenditures within limits Some late deliveries; no corrective actions Less professionalism and responsiveness; low user satisfaction/no attempts to improve relations; unsuccessful in meeting con-tractor goals; unnecessary change proposals; untimely definitization of change proposals 3 – SATISFACTORY Met all performance requirements; minor problems/ satisfactory corrective actions Met overall cost/price estimates while meeting all contract requirements On-time deliveries; minor problems/did not effect delivery sc

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