RFP_10-250-SOL-00127.pdf

Date: July 20, 2010

Reference: 10-250-SOL-00127

Dear Offerors:

You are invited to submit a proposal in accordance with the requirements of FAR Part 15, Contract by

Negotiation request for proposal (RFP) 10-250-SOL-00127. This requirement is Tracking and Best

Practices in Small Rural Hospitals within the Office of Rural Health Policy. This is a sole source, firm fixed price contract under NAICS Code 541611. See Sections L and M for specific proposal instruction and evaluation criteria.

Your proposal must be received by the Contracting Officer no later than 10:00 a.m., EST on

August 20, 2010 at the following address:

Department of Health and Human Services

Health Resources and Services Administration

Office of Acquisitions Management and Policy

Division of General Acquisitions

Parklawn Building, Room 13A-19

5600 Fishers Lane

Rockville, Maryland 20857

Attn: Carolyn Taylor

RFP: 10-250-SOL-00127

Questions must be submitted in writing (fax or email) by 2:00 p.m. EST, July 30, 2010. See Section

L for further information. Question submitted after the due date will not be accepted.

Notice: Access to Parklawn Building

The Parklawn Building is a controlled access building; therefore you should allow ample time for visitor access. It is your responsibility to ensure that proposals are delivered by the due date, time, and specific place (Room 13A-19) required in the solicitation. Offerors delivering boxes of proposals must use the delivery entrance located on the loading dock, which is accessible from Parklawn Drive. All packages will be x-rayed by a security guard. Visitors will be required to provide photo identification and provide a name and telephone number of the individual being visited, (in this case, Carolyn Taylor at 301-

443-6508). You will then need to personally bring the boxes to Room 13A-19 (13th Floor, A-Wing, and

Room 19). Boxes of proposals should not be left on the loading dock.

DEPARTMENT OF HEALTH & HUMAN SERVICES Public Health Service

Health Resources and Services

Administration

Office of Acquisitions Management and

Policy

Division of General Acquisitions

5600 Fishers Lane, Room 13A-19

Rockville, MD 20857

RFP 10-250-SOL-00127 2

Your proposal must be prepared in accordance with Section L entitled Instructions, Conditions, and

Notices to Offerors, Section C entitled Description/Specification/Statement of Work, and Section M entitled Evaluation Factors for Award.

This RFP does not commit the Government to pay any costs for the preparation and submission of a proposal. It is also brought to your attention that the Contracting Officer is the only individual who can legally commit the Government to expenditure of public funds in connection with this proposed acquisition.

Your proposal must provide a contact name and number, your company name and complete address, including street, city, county, state, zip code, Tax Identification Number (TIN), and Dun & Bradstreet

Number (DUNS). Please note that FAR 52.204-6 Contractor Identification Number Data Universal

System (DUNS Number) requires you to submit a DUNS number for your company along with your offer. If you do not have a DUNS number, you are requested to contact Dun and Bradstreet

Information Services at 1-800-333-0505 to obtain one. Please include this information on the first page of your business proposal. If the address is different from the address to which payment should be mailed you must also include the complete payment address.

Requests for any information concerning this RFP should be address to Ms. Carolyn Taylor, Contract

Specialist at ctaylor@hrsa.gov or at (301) 443-6508 or (301) 443-2750. Discussion with any other individual outside of the Office of Acquisitions Management and Policy may result in rejection of a potential Offeror’s proposal.

Sincerely, Carolyn C. Taylor

Contract Specialist

RFP 10-250-SOL-00127 3

SECTION A

Table of Contents

SECTION DESCRIPTION PAGES

A Standard Form 1

B Supplies or Services and Prices/Costs 3

C Description/Specifications/ Statement of Work 1

D Packing and Marking 1

E Inspection and Acceptance 5

F Deliveries or Performance 3

G Contract Administration Data 4

H Special Contract Requirements 7

I Contract Clauses 3

J List of Attachments 1

K Representations, Certifications and Other 3

Statements of Offerors or Respondents

L Instructions, Conditions and Notices to Offerors 15

SECTION A – STANDARD FORM (SF) 33

This page is left blank intentionally.

RFP 10-250-SOL-00127 5

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 Purpose of Contract

This requirement is a firm fixed price contract which will provide services to improve SHIP program management and performance by the development of an Annual Report that describes the investments and activities of SHIP Program grantees (hospitals and SORHs) during the past grant cycle, while also making comparisons and identifying trends over the preceding years. This report will be used as the basis for the creation of a second and less detailed report to Congress.

B.2 Consideration and Payment

In consideration of the satisfactory performance of the services and tasks detailed in Section J–

Attachment A, the Contractor shall be compensated in accordance with the following schedule:

1. Base Period (12 months)

Estimated Cost: $ __________

2. Option Year 1 (12 months)

3. Option Year 2 (12 months)

4. Option Year 3 (12 months)

5. Option Year 4 (12 months)

Total Estimated Cost: $ __________

(Base Year and all Option Years)

Total Contract Value $__________

B.3 Allowable Costs: Costs shall be determined by the Contracting Officer to be allowable in accordance with FAR 52.216-7, Allowable Cost and Payment (DEC 2002) of the General

Provisions and provisions of this Article.

B.4 Direct Costs: The Contractor shall be reimbursed for all costs as described below, incurred directly and specifically in the performance of each task order, claimed by the Contractor and accepted by the Contracting Officer:

1. Salaries and wages of the Contractor’s employees directly employed in performing the work required by this contract. Related fringe benefits, if treated as a direct cost; otherwise, fringe benefits may be claimed as part of indirect costs below;

RFP 10-250-SOL-00127 6

2. Materials and services required in the performance of this contract, after deducting all discounts for the purchase of such materials and services;

3. Travel and subsistence expenses exclusively in direct performance of this contract. The

Contractor shall be reimbursed for transportation costs and travel allowance in accordance with the established policy of the Contractor, but subject to the following limitations:

a. Such transportation cost shall not be reimbursed in an amount greater than the cost of first class rail or of economy air travel, unless economy air travel and economy air travel space are not available and the Contractor certifies to the facts in the voucher or other documents submitted for reimbursement. Travel allowances for per diem shall be reimbursed in accordance with the Contractor’s established policy, but in no event shall such allowances exceed the prevailing Government rate except within the corporate limits of those cities and other specified areas where higher ceiling rates have been established by the General Services Administration for Civil Service employees in travel status.

b. The Contractor shall be reimbursed for the cost of travel performed by its personnel in a privately owned automobile at the prevailing Government rate (as set by Federal Travel

Regulations–see www.gsa.gov) 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 automobile, no additional charge shall be made by the Contractor for such travel between such points.

c. HRSA will not reimburse travelers for unauthorized or excess expenses. HRSA reserves the right to establish a per meeting, flat reimbursement fee for ground transportation and incidentals for traveling participants.

B.5 Prior Authorization of Certain Direct Costs

1. Subcontracts and Purchase Orders:

Requirements for purchase orders and subcontracts are governed by FAR 52.244-2, Subcontracts (AUG 1998) of the General Provisions except as may be indicated herein.

2. The Contractor shall not incur any of the following costs without the prior written approval of the Contracting Officer. Incurrence of such costs with the intent of claiming reimbursement as direct costs under this contract shall be at the Contractor’s own risk:

a. Purchase of any item of equipment, including furniture or office equipment, regardless of cost;

b. Any rental agreement for real or personal property, or any term contract for maintenance;

c. Travel for general scientific meetings; and

d. Rearrangement, alternation or relocation of facilities.

B.6 Indirect Costs

1. The allowable indirect costs under this contract shall be established in accordance with the

General Provisions of this contract and FAR 52.216-7, Allowable Cost and Payment (APR

1998).

2. Pending the establishment of negotiated indirect cost rates the provisional rates below are approved for billing purposes only.

http://www.gsa.gov/

RFP 10-250-SOL-00127 7

3. The fixed ceiling contract rates should be used for the life of the contract. In the event the final indirect cost rates shall exceed the fixed ceiling rates and the provisional rate, then the lower rates shall apply.

Type Provisional Rate Fixed Ceiling

Contract Rate

Base

Fringe

Overhead

G&A

Special Handing

4. Within the first 90 days after the effective date of this contract, the contractor shall initiate a request for indirect cost rate agreement from the following:

Mr. Raphael A. Woodruff

National Institute of Health

6100 Executive Boulevard

Room 6B05

Rockville, MD 20892

Telephone: (301) 496-2444

Fax: (301) 402-7180

E-mail: rw8u@nih.gov

The request will be accompanied by an indirect cost rate proposal and its supporting data. If the contractor does not comply with these requirements within the allotted time frame, then the

Contracting Office will suspend all indirect costs being billed after 90 days.

i. The final indirect cost rates applicable to this contract shall not exceed the ceiling rates listed above; provided, however, that in the event the rates are determined by the cognizant negotiated indirect cost official on the basis of actual allowable costs are less than the provisional and ceiling rates agreed to herein, then the lower rates as established; by such cognizant official shall apply.

ii. Notwithstanding the foregoing, the Contractor shall, in the case of an upward adjustment of the provisional rates, comply with the requirements of FAR 52.232-20– Limitation of Cost.

RFP 10-250-SOL-00127 8

SECTION C – DESCRIPTION/SPECIFICATIONS/ STATEMENT OF WORK

C.1 Statement of Work

Independently and not as an agent of the Government, the Contractor shall furnish all personnel, material, facilities, services, and equipment as needed to perform the Statement of Work set forth in Section J

(Attachment A) attached hereto and made part of this document.

C.2 Incorporation of Contractor’s Proposal

It is understood and agreed that the Contractor shall, in meeting the requirements of this contract, perform the work in accordance with the Contractor’s proposal to the Health Resources and Services

Administration for improving SHIP program management and performance originally dated

______________ and revised ___________, provided however, that to the extent that any provisions of the articles of this contract are in conflict or inconsistent with any provisions of said proposal, the provisions of the articles of this contract shall control and shall supersede the provisions of said proposal.

RFP 10-250-SOL-00127 9

SECTION D – PACKAGING AND MARKING

PAGE LEFT BLANK INTENTIONALLY

RFP 10-250-SOL-00127 10

SECTION E – INSPECTION AND ACCEPTANCE

E.1 Inspection and Acceptance

The Contracting Officer Technical Representative (COTR), as a duly authorized representative of the

Contracting Officer, shall assume the responsibilities for monitoring the Contractor’s performance, evaluating the quality of services provided by the Contractor and performing final inspection and acceptance of all deliverables.

E.2 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

The contract incorporates one or more clauses by reference with the same force and effect as if they were given in full text. Upon requests, the Contracting Officer will make their full text available. In addition, the full text of a clause may be accessed electronically at www.arnet.gov/far.

52.246-4 Inspection of Services—Fixed-Price (Aug 1996)

(a) Definition. ―Services,‖ as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may

(1) require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) reduce the contract price to reflect the reduced value of the services performed.

RFP 10-250-SOL-00127 11

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may

(1) by contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

(2) terminate the contract for default.

RFP 10-250-SOL-00127 12

SECTION F – DELIVERIES OR PERFORMANCE

F.1 FAR 52.242-15 Stop-Work Order (AUG 989)—Alternate I APR 1984

F.2 Observance of Federal Holidays

No services or deliveries shall be performed on Saturdays, Sundays or Federal legal holidays, any other holiday set forth by Presidential Executive Order, or any other Government closures.

Official Holidays

New Year’s Day January 1 st

Martin Luther King’s Birthday 3 rd

Monday in January

Inauguration Day 3 rd

Tuesday in January

Presidents’ Day 3rd Monday in February

Memorial Day Last Monday in May

Independence Day July 4th

Labor Day 1st Monday in September

Columbus Day 2nd Monday in October

Veterans’ Day November 11th

Thanksgiving Day 4th Thursday in November

Christmas Day December 25th

F.3 Period of Performance

The period of performance shall be a base period of twelve (12) months with four (4) 12-month option periods. The period of performance under this contract shall commence with the effective date of the contract (EDOC).

F.4 Articles or Services to be Furnished

1. All reports, processes, and product deliverables are subject to approval of the Contracting Officer

Technical Representative (COTR).

2. The COTR shall respond within 15 working days after receipt of a deliverable for which the COTR has indicated approval is required before the Contractor can proceed to the next step in the use of that deliverable.

3. All reports and documents shall have, at a minimum in the document header, the task order number, the dates of the meetings, and the COTR. All reports and documents shall have, at a minimum in the document footer, the author in the lower left corner, the page # of total # of pages in the center bottom of the page, and the date and /or version of the document (not the auto date) in the lower right corner.

RFP 10-250-SOL-00127 13

F.4 Schedule of Deliverables

The Contractor shall submit all items in the quantities and by the dates indicated to the COTR.

Item Description Quantity &

Format

Due Date

1 Kickoff Meeting 1 Within 30 days after the EDOC

2 Hospital Spreadsheet 1 Within 2 months after applications received

3 SHIP Report 1 Within 5 months after applications received

5 SHIP Report to Congress 1 Within 7 months after applications received

6 Annual Progress Report 1 Within 11 months of EDOC

RFP 10-250-SOL-00127 14

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 Designation of Contracting Officer Technical Representative

The person identified below is hereby designated as the Contracting Officer Technical Representative

(COTR) for this contract. The responsibility of the COTR is to ensure that the Government’s technical objectives are met. To this end, the COTR will provide necessary information, direction, coordination, and et cetera within the contractual work description. Issuance of changes which affect the articles, terms, or conditions of this contract will be accomplished through the Contracting Officer who is the only party authorized to bind the Government to contract:

COTR: To Be Completed At Time of Award

G.2 Technical Monitoring

A. Performance of the work under this contract shall be subject to the technical monitoring of the COTR.

The term technical monitoring is defined to include the following:

1. Technical directions to the Contractor shall guide the contract effort, shift work emphasis between work areas or assignments, require pursuit of certain lines of inquiry, fill in details or otherwise serve to accomplish contractual statement of work.

2. Providing information to the Contractor for assistance in the interpretation of drawings, specifications or technical portions of the work description.

3. Review where required by the contract, approval of technical reports, processes, product deliverables, drawings, specifications and technical information to be delivered by the Contractor to the Government under the contract.

B. Technical direction must be within the statement of the work as stated in Attachment A of the contract. The COTR does not have the authority to and may not issue any technical direction that: (i) constitutes an assignment of additional work outside the general scope of the contract; (ii) constitutes a change as defined in the contract clause entitled ―Changes‖; (iii) in any manner causes an increase in the total contract cost or the time required for contract performance; or (iv) changes any of the expressed terms, conditions, or specifications of the contract.

C. All technical directions shall be issued in writing by the COTR or shall be confirmed by him/her in writing within five (5) working days after issuance.

D. The Contractor shall proceed promptly with the performance of technical directions duly issued by the COTR in the manner prescribed within his authority under this provision.

E. If, in the opinion of the Contractor, any instruction or direction issued by the COTR is within one of the categories as defined in (i) through (iv) above, the Contractor shall not proceed, but shall notify the Contracting Officer in writing within five (5) days after the receipt of any such instruction or direction and shall request the Contracting Officer to modify the contract accordingly. Upon receiving such notification from the Contractor, the Contracting Officer shall issue an appropriate contract modification or advise the Contractor that, in his/her opinion, the technical direction is within the scope of this article and does not constitute a change under the Changes clause of the contract. The

RFP 10-250-SOL-00127 15

Contractor shall thereupon proceed immediately with the direction given. A failure of the parties to agree upon the nature of the instruction or direction or upon the contract action to be taken with respect thereto shall be subject to the provisions of the contract clause entitled ―Disputes‖.

G.3 Key Personnel–Key Personnel are considered essential to the work being performed under this contract and are governed by the Key Personnel clause (HHSAR 352.242-70) referenced in

Section I of this contract. Prior to removing, replacing, or diverting the specified individual, the

Contractor shall notify the Contracting Officer in writing and reasonably in advance and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the contract. No diversion shall be made by the Contractor without the written consent of the Contracting Officer provided that the Contracting Officer may ratify in writing changes made due to events beyond the control of the Contractor and such ratification shall constitute the consent of the Contracting Officer required by this clause. Examples of events beyond the control of the Contractor are (1) prolonged sickness, (2) termination of employment, and (3) death. Key personnel, with the consent of the Contracting Officer, may be amended from time to time during the course of the contract to either add or delete personnel, as appropriate.

The following individuals are considered key personnel under this contract (contractor please propose).

Name Title

To Be Completed At Time of Award

G.4 Evaluation of Contractor’s Performance

1. Interim and final evaluations of Contractor’s performance shall be conducted on this contract in accordance with the Office of Federal Procurement Policy (OFPP) Policy Letter 92-5 issued January

11, 1993, FAR Subpart 42.15 and HHSAR 342.7002(c)(2)(iv). Upon contract completion, a final evaluation of the Contractor’s performance shall be completed by the Government (see Section J, Attachment C).

2. The Government will conduct an evaluation of Contractor’s performance based on the completion of the tasks stated in the SOW. The evaluation shall be conducted by the COTR and be comprised of an evaluation of contractor performance completed by the Contractor and Federal staff, and a review of progress reports and financial reports (deliverables).

G.5 Submission of Invoices/Place of Payment

1. The Contactor shall submit an original monthly invoice/voucher and two (2) copies as follows:

Send one copy to the COTR

Send one original and one copy to:

Health Resources and Services Administration

Office of Acquisitions Management and Policy

Division of General Acquisitions

Parklawn Building, Room 13A-19

5600 Fishers Lane

RFP 10-250-SOL-00127 16

Rockville, Maryland 20857

Attn: Carolyn C. Taylor

2. For inquiries regarding payment, call Accounts Payable at 301-443-3020.

3. For inquiries regarding receiving, inspection and acceptance, rejections, or technical issues call your

COTR.

4. The Contractor agrees to include and follow the directions of the Billing Instructions, Section J, Attachment B, and to include the following information on its invoice/voucher:

a. contractor’s name, invoice/voucher number, and date;

b. contract number;

c. description, price, and quantity of services/products delivered;

d. date of services;

e. payment terms;

f. tax identification number;

g. CAN number;

h. object class;

i. appropriation number;

j. contractor’s complete remittance address;

k. signature of an authorized official certifying that the invoice is correct and proper for payment;

l. invoice/voucher to be submitted in a format in which total number of hours, funds used and remaining are shown; and

m. documents that support requested cost (e.g. receipts, invoices, master bills, etc.).

5. Payment shall be made by:

PSC/Financial Management Service

Parklawn Building, Room 16A-12

5600 Fishers Lane

Rockville, MD 20857

Telephone: 301-443-3020

Fax: 301-443-0562

G.7 Electronic Funds Transfer

Pursuant to FAR 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor

Registration (MAY 1999), the Contractor shall designate a financial institution for receipt of electronic funds transfer payments. This designation shall be submitted in writing to the ACH Unit, Program

Support Center, Division of Financial Operations, 5600 Fishers Lane, Room 16A-12, Rockville, MD

20857.

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SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1. Communication

Any HRSA communication products developed under this contract will require an additional separate clearance on an HHS-615 (for text and/or graphic publications and products that will be printed, posted on the Web, or disseminated through other electronic methods, such as by email) or an HHS-524A (for audiovisual products, including those that will be posted on the Web). Communication clearance for this contract itself does not satisfy the requirement to seek clearance of the specific HRSA communication products.

H.2. Printing and Duplicating

The printing of government documents must be accomplished through the Government Printing Office

(GPO). Contractors and grantees shall not be used as sources of printing for the Department or OPDIVS.

Therefore, the inclusion of printing in contracts and grants is prohibited unless authorized by the Joint

Committee on Printing (JCP). All requests for waivers must go through the HHS Department Printing

Officer. Contractors may prepare copy, illustrative material (forms etc.) and /or camera ready copy for the purpose of producing publications.

The Contractor shall not engage in, nor subcontract for, any printing (as the term is defined in Title 1 of the Government Printing and Binding Regulations in effect on the effective date of this contract) in connection with the performance of work under this contract; except that performance of a requirement under this contract involving less than 25,000 production units in the aggregate of multiple pages will not be deemed to be printing. A production unit is defined as one sheet, size 8.5 x 11 inches, one side only, and one color.

Regarding the use of private funds for printing, the regulations state that when appropriated funds are to be used to create information for publication, the printing of that information cannot be made available to a private publisher for publication without prior approval of the congressional Joint Committee on

Printing by way of the office of HHS Department Printing Officer. For any questions, please contact the

HHS Department Printing Officer at 301-594-3185.

H.3. Clearance/Production of Information Products/services

The U.S. Department of Health and Human Services (HHS), Office of the Assistant Secretary for Public

Affairs, requires clearance for any external communication products, which includes publications, audiovisual products, multimedia products, exhibits (including exhibit structures), conferences (including program/agenda books and other meeting materials), or public affairs services produced for or by HRSA through this contract as a deliverable. An external communication product is one that will be distributed outside of HRSA in any quantity. This clearance, which takes approximately 4 weeks, is obtained by the project officer through HRSA’s Office of Communications.

It is the policy of HHS that HHS must be prominently and dominantly identified as the primary publisher/producer, to include the name of HHS and placement of the HHS logo, on all communication materials, including those produced by contractors.

The name of the U.S. Department of Health and Human Services and the Health Resources and

Services Administration must be spelled out on the front cover of publications and on the opening and closing frames of audiovisual products. The HHS and HRSA logos must be displayed in

RFP 10-250-SOL-00127 18

addition to spelling out the names of the Department and the Agency. Use of the HHS and

HRSA logos that include the names of the Department and the Agency as part of the graphics in the logos does not satisfy the requirement to spell out the names of HHS and HRSA. All publications and audiovisual products must display the month and year of issuance. The HHS and HRSA logos must be displayed on the front cover of any publications and on the opening and closing frames of any audiovisual products. The requirement for placement of the logos may be satisfied by displaying the HHS logo on the bottom left corner and the HRSA logo on the bottom right corner. The HHS logo should be larger than the HRSA logo.

Communication products are any and all products intended for audiences outside the Agency, including but not limited to:

reports, booklets, manuals, fact sheets, newsletters, brochures, flyers

Internet publications press releases, advisories, other media materials (including press kits) exhibits, exhibit structures conferences, meeting materials (including program/agenda books) summaries, monographs, proceedings slides, overhead transparencies, posters audio and videotapes, films, CDs, DVDs, and other audiovisual products multimedia products, educational or information modules advertisements and/or scripts for radio, TV, Web, or other venue

Internal publications (no copies will be distributed outside of the Agency in print; electronically by any means, including by email or listserv; and will not be posted on the Internet) are exempted from this requirement. Where appropriate, the words Health Resources and Services

Administration, Bureau …, Office of, Division of …, shall be included above the HRSA logo.

Title 44 of the U.S. Code requires that the printing of any publication developed under this contract shall be done by the Government Printing Office. Printing shall be coordinated through the Contracting Officer Technical Representative.

OMB clearance must be obtained if you intend to survey or interview more than 9 people outside of HRSA and/or the Department, including grantees.

NOTE: Failure on the part of the Contractor to comply with the printing and duplicating, and publication clearance requirements stated above will be deemed unauthorized services and reimbursement will be denied.

H.4. Language Disclaimer

The views expressed in written conference materials, publications, audiovisual products, and by speakers and moderators at HHS-sponsored conferences, do not necessarily reflect the official policies of the U.S.

Department of Health and Human Services nor does mention of trade names, commercial practices, or organizations imply endorsement by the U.S. Government.

H.5. Rights in Data

The Contractor will be prohibited from copyrighting, publishing or disseminating information resulting from work performed under this contract, and/or, using data produced or obtained under this contract, and/or any other information or products provided by the Government, or which the Contractor develops, RFP 10-250-SOL-00127 19 for any purpose other than performance under this contract without prior written approval from the

Contracting Officer.

Ownership of Documents, Materials and Records: All documents, materials (including any computer code) or records provided to the Contractor, developed or maintained by the Contractor in the performance of this contract are deemed to be property of the Government.

H.6. Security Requirements

The Contractor providing the technical support to the Office of Information Technology (OIT), agrees to comply with the applicable AIS security requirements. The Contractor agrees to establish and follow security precautions considered by OIT to be necessary (which are subject to change during the contract) to ensure proper and confidential handling of data and information. This information is more specifically addressed in the DHHS Information Security Program Policy.

H.7. Disclosure of Information

Information made available to the Contractor by the Government for the performance or administration of this effort shall be used only for those purposes and shall not be used in any other way without the written agreement of the Contracting Officer.

The Contractor agrees to assume responsibility for protecting the confidentiality of Government records, which are not public information. Each Contractor or employee of the Contractor to whom information may be made available or disclosed shall be notified in writing by the Contractor that such information may be disclosed only for a purpose and to the extent authorized herein.

H.8. Limited Use of Data

Performance of this effort may require the Contractor to access and use data and information proprietary to a Government agency or Government Contractor which is of such a nature that its dissemination or use, other than in performance of this effort, would be adverse to the interests of the Government and/or others.

Contractor and/or Contractor personnel shall not divulge or release data or information developed or obtained in performance of this effort, until made public by the Government, except to authorize

Government personnel or upon written approval of the Contracting Officer (CO). The Contractor shall not use, disclose, or reproduce proprietary data that bears a restrictive legend, other than as required in the performance of this effort. Nothing herein shall preclude the use of any data independently acquired by the Contractor without such limitations or prohibit an agreement at no cost to the Government between the Contractor and the data owner which provides for greater rights to the Contractor.

H.9. Section 508 Compliance

Regardless of format, all Web content or communications materials produced for publication on or delivery via HHS Web sites – including text, audio or video–must conform to applicable Section 508 standards to allow federal employees and members of the public with disabilities to access information that is comparable to information provided to persons without disabilities.

Pursuant to Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), all Electronic and

Information Technology developed, procured, maintained and/or used under this contract shall be in compliance with the ―Electronic Information Technology Accessibility Standards‖ set forth by the

RFP 10-250-SOL-00127 20

Architectural and Transportation Barriers Compliance Board (also referred to as the ―Access Board‖) in

36 CFR part 1194. HHS Policy for Section 508, Electronic and Information Technology (E&IT) (January

2005) may be found at http://www.hhs.gov/web/policies/508contractlang.html.

The Contractor shall indicate for each line item in the schedule whether each product or service is compliant or noncompliant with the accessibility standards at 36 CFR 1194. Further, the proposal must indicate where full details of compliance can be found (e.g., vendor's website or other exact location).

All contractors (including subcontractors) or consultants responsible for preparing or posting content intended for use on an HHS-funded or HHS-managed Web site must comply with applicable Section 508 accessibility standards, and where applicable, those set forth in the referenced policy or standards documents below.

Remediation of any materials that do not comply with the applicable provisions of 36 CFR Part 1194 as set forth in the SOW, shall be the responsibility of the Contractor or consultant retained to produce the

Web-suitable content or communications materials.

Prime contractors may enter into subcontracts in the performance of a Federal contract, but the prime remains obligated to deliver what is called for under the contract.

H.10. Homeland Security Presidential Directive-12

To perform the work specified herein the Contractor personnel may require access to sensitive data, regular access to HHS-controlled facilities and/or access to HHS information systems, the Government may require that this effort entail a background investigation.

Upon receipt of the Government’s notification of applicable Suitability Background Investigation required, the Contractor shall complete and submit required forms within 30 days of the notification.

Additional submission instructions can be found at the NCI Information Technology Security

Policies, Background Investigation Process: (http://ais.nci.nih.gov/).

The Contractor shall submit a roster, by name, position and responsibility, of all staff working under the contract. The roster shall be submitted to the Contracting Officer Technical Representative

(COTR), with a copy to the HRSA Division of Workforce Management and Contracting Officer, within 14 days of the effective date of the contract. Any revisions to the roster as a result of staffing changes shall be submitted within fifteen (15) calendar days of the change. The COTR will submit the list to the HRSA Personnel Security Officer for determination of the appropriate level of suitability investigations to be performed.

Contractors should ensure that the employees whose names they submit have a reasonable chance for approval. While delays in performance caused by successful investigations will be the Government's responsibility, delays associated with rejections will be the Contractor's responsibility. Typically, the

Government conducts investigations and checks at no cost to the Contractor. Multiple investigations for the same position, whether- resulting from rejections or resulting from an employee's move to another position(s) or company, may at the Contracting Officer's discretion, justify reductions(s) in the contract price of no more than the cost of the extra investigation.

H.11. Acceptance

All reports, processes, and product deliverables are subject to approval by the Contracting Officer

Technical Representative (COTR). If any of the services performed do not conform to contract http://www.hhs.gov/web/policies/508contractlang.html http://ais.nci.nih.gov/

RFP 10-250-SOL-00127 21

requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, for no additional fee. When the defects in services cannot be corrected by performance, the Government may (1) require the Contractor to take necessary action to ensure that future performance conforms to contract requirements and (2) reduce any fee payable under the contract to reflect the reduced value of the services performed.

H.13. Equipment

HRSA does not intend to provide funds for the purchase or maintenance of any equipment.

H.14. Central Contractor Registered

The Contractor must be registered in the Central Contractor Registration database. "Registered in the

CCR database" means that (1) the Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database; and (2) The Government has validated all mandatory data fields and has marked the record "Active".

By submission of an offer, the Offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation. If not registered in the CCR database within the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

H.15. Food

For federal attendees– in accordance with HHS’s policy, appropriated funds may not be used to purchase food, unless the purpose of the contract is for (1) training of federal employees in accordance with the Government Employee Training Act or (2) federal employee awards ceremony in accordance with Government Employees Incentive Awards Act. In addition, federal employees attending meetings that are at least 50 miles from the work site and from the employee's home are considered on travel status and must use the per diem allocation to purchase meals and/or snacks. If group meals are provided, the

Federal employees must reduce the per diem vouchers according to Federal Travel Regulations.

Federal employees attending meetings and who are not on travel status may accept light refreshments if at least 51% of the Federal employees attending are in travel status. (Light refreshments include coffee, tea, milk, juice, soft drinks, donuts, muffins, bagels, fruit, cookies, chips or similar items of nominal value. It does not include meals or hot food. Continental breakfasts or receptions are not breaks and may not be provided).

For private parties–It is HHS’s policy not to use appropriated funds to purchase food. HRSA does not have the congressional authority to collect registration fees to pay for meals or to offset the cost of the meeting.

RFP 10-250-SOL-00127 22

SECTION I – CONTRACT CLAUSES

I.1 Federal Acquisition Regulation (FAR) (48 CFR Chapter 1) Contract Clauses

A. FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) –This contract incorporated 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 www.arnet.gov/far.

52.202-1 Definitions JUL 2004 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees APR 1984 52.203-6 Restrictions on Subcontractor Sales to the Government SEPT 2006 52.203-7 Anti-Kickback Procedures JUL 1995 52.203-8 Cancellation, Rescission, and Recovery of Funds for

Illegal or Improper Activity

JAN 1997

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity JAN 1997 52.203-12 Limitation on Payments to Influence Certain Federal

Transactions

SEP 2007

52.204-4 Printing/Copying Double-Sided on Recycled Paper AUG 2000 52.204-7 Central Contractor Registration APR 2008 52.204-9 Personal Identity Verification of Contractor Personnel SEP 2007 52.215-2 Audit and Records–Negotiation MAR 2009 52.215-8 Order of Precedence–Uniform Contract Format OCT 1997 52.215-10 Price Reductions for Defective Cost or Pricing Data OCT 1997 52.215-11 Price Reduction for Defective Cost or Pricing Data –

Modifications

OCT 1997

52.215-12 Subcontractor Cost or Pricing Data OCT 1997 52.215-14 Integrity of Unit Prices OCT 1997 52.215-15 Pension Adjustments and Asset Reversions OCT 2004 52.215-17 Wavier of Facilities Capital Cost of Money OCT 1997 52.215-18 Reversion or Adjustment of Plans for Postretirement

Benefits (PRB) Other Than Pensions

JUL 2005

52.215-19 Notification of Ownership Changes OCT 1997 52.215-21 Requirements for Cost of Pricing Data or Information

Other Than Cost or Pricing Data–Modifications

OCT 1997

52.216-7 Allowable Cost and Payment DEC 2002 52.217-8 Option to Extend Services NOV 1999 52.217-9 Option to Extend the Term of the Contract a: 12 months; b: 60 days; c: 60 months

MAR 2000

52.222-1 Notice to the Government of Labor Disputes FEB 1997 52.222-2 Payment for Overtime Premiums JUL 1990 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition of Segregated Facilities FEB 1999 52.222-26 Equal Opportunity MAR 2007 52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans

SEP 2006

52.222-36 Affirmative Action for Workers with Disabilities JUN 1998 http://www.arnet.gov/far

RFP 10-250-SOL-00127 23

52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans

SEP 2006

52.222-41 Service Contract Act of 1965 NOV 2007 52.223-3 Hazardous Material Identification and Material Safety

Data

JAN 1997

52-223-5 Pollution Prevention and Right-to-Know Information AUG 2003 52.223-6 Drug-Fee Workplace MAY 2001 52.223-10 Waste Reduction Program AUG 2000 52.223-13 Certification of Toxic Chemical Release Reporting AUG 2003 52.223-14 Toxic Chemical Release Reporting AUG 2003 52.224-1 Privacy Act Notification APR 1984 52.224-2 Privacy Act APR 1984 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.227-1 Authorization and Consent DEC 2007 52.227-2 Notice and Assistance Regarding Patent and Copyright

Infringement

DEC 2007

52.227-14 Rights in Data–General DEC 2007 52.227-17 Rights in Data–Special Works DEC 2007 52.228-7 Insurance–Liability to Third Persons MAR 1996 52.230-2 Cost Accounting Standard OCT 2008 52.230-3 Disclosure and Consistency of Cost Accounting Practices OCT 2008 52.230-6 Administration of Cost Accounting Standards MAR 2008 52.232-9 Limitation on Withholding of Payments APR 1984 52.232-17 Interest OCT 2008 52.232-18 Availability of Funds APR 1984 52.232-20 Limitation of Cost APR 1984 52.232-22 Limitation of Funds APR 1984 52.232-23 Assignment of Claims JAN 1986 52.232-25 Prompt Payment OCT 2008 52.232-33 Payment by Electronic Funds Transfer–Central Contractor

Registration

OCT 2003

52.232-38 Submission of Electronic Funds Transfer Information with

Offer

MAY 1999

52.233-1 Disputes JUL 2002 52.233-2 Service of Protests SEP 2006 52.233-3 Protest After Award–Alternate I (JUN 1985) AUG 1996 52.233-4 Applicable Law for Breach of Contract Claims OCT 2004 52.237-3 Continuity of Services JAN 1991 52.239-1 Privacy or Security Safeguards AUG 1996 52.242-1 Notice of Intent to Disallow Costs APR 1984 52.242-3 Penalties for Unallowable Costs MAR 2001 52.242-4 Certification of Final Indirect Costs JAN 1997 52.242-13 Bankruptcy JUL 1995 52.243-1 Changes–Fixed Price AUG 1987 52.244-2 Subcontracts JUN 2007 52.244-5 Competition in Subcontracting DEC 1996 52.244-6 Subcontracts for Commercial Items DEC 2009 52.246-25 Limitation of Liability–Services FEB 1997 52.249-2 Termination for Convenience of the Government

(Fixed-Price)

MAY 2004

RFP 10-250-SOL-00127 24

52.249-8 Default (Fixed-Price Supply and Service) APR 1984 52.249-14 Excusable Delays APR 1984 52.253-1 Computer Generated Forms JAN 1991

B. Department of Health and Human Services Acquisition Regulation (HHSAR) (48 CFR Chapter 3)

Clauses

352.201-70 Paperwork Reduction Act JAN 2006

352.202-1 Definitions JAN 2006

352.224-70 Privacy Act JAN 2006

352.227-70 Publication and Publicity JAN 2006

352.228-7 Insurance-Liability to Third Persons DEC 1991

352.233-71 Litigation and Claims JAN 2006

352.242-70 Key Personnel JAN 2006

352.242-73 Withholding of Contract Payments JAN 2006

352.242-74 Final Decisions on Audit Findings APR 1984

352.270-1 Accessibility of Meetings, Conferences, and

Seminars to Persons with Disabilities

JAN 2001

RFP 10-250-SOL-00127 25

SECTION J – LIST OF ATTACHMENTS

J.1 The following attachments are made part of this solicitation:

Attachment Title Pages

A Statement of Work

B Billing Instructions

C Contract Performance Report

D SF-LLL Disclosure Lobbying

Activities

E Past Performance 10

F Certificate of Current Cost and

Pricing Data

RFP 10-250-SOL-00127 26

SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER

STATEMENTS OF OFFERORS OR QUOTERS

K.1 The Offeror makes the following Representations and Certifications as part of its proposal.

RFP No.____________________________________

(Name of organization)

(Signature of authorized individual) (Date)

(Type name of authorized individual)

TIN No. ____________________________________

DUNS No.____________________________________

Note: The penalty for knowingly and willingly making false statements in offers as prescribed in

18 U.S.C. 1001 is imprisonment not more than 5 years or, if the offense involves international or domestic terrorism (as defined in section 2331), imprisonment not more than 8 years, or both. If the matter relates to an offense under chapter 109A, 109B, 110, or 117, or section 1591, then the term of imprisonment imposed under this section shall not be more than 8 years.

K.2. The Offeror certifies that it has registered at www.ccr.gov, as required by FAR clause 52.204-7

Central Contractor Registration (APR 2008).

K.3 The Offeror certifies that under NAICS Code 541611, it qualifies as a (check all that apply)

Small business concern

Small disadvantaged business concern

Small disadvantaged business concern (8a Participant)

Women-owned small business concern

Veteran-owned small business concern

Service-disabled-veteran-owned small business concern

HUBZone small business

K.4 52.204-8 Annual Representations and Certifications (FEB 2009)

(a)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph

(b) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the Offeror is currently registered in

CCR, and has completed the ORCA electronically, the Offeror may choose to use paragraph (b) instead of http://www.ccr.gov/

RFP 10-250-SOL-00127 27

completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (b) applies.

[ ] (ii) Paragraph (b) does not apply and the Offeror has completed the individual representations and certifications in the solicitation.

(b) The Offeror has completed the annual representations and certifications electronically via the Online

Representations and Certifications Application (ORCA) website at http://orca.bpn.gov. After reviewing the ORCA database information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [Offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

K.5 Contractor’s Remittance or Check Mailing Address

Indicate your firm’s remittance or check mailing address below. {See FAR 52.232-34 Mandatory

Information for Electronic Funds Transfer (MAY 1999 in Section G.6}

K.6 Responsible Official(s) Who Can Negotiate and Receive Notification of an Improper Invoice and Answer…