12-233-SOL-00565_00002.pdf

Solicitation #12‐233‐SOL‐00565_00002 Page 1 of 2 Low Income Home Energy Assistance Program ‐ Accountability and Third‐Party Verification Support

Questions & Answers Amendment #2

1. Does a nonprofit need to submit a small business contracting plan for our proposed work under these solicitations?

A sub‐contracting plan is not required for Solicitation #12‐233‐SOL‐00565 – Accountability.

2. How do Section 508 requirements affect this proposal? I'm unfamiliar with Section 508 and understand that only a certain section of the regulations apply but would appreciate any clarity you can provide.

Refer to the Section 508 Evaluation Template provided in the solicitation for instructions.

Additional information can be found at the following link: http://www.access‐ board.gov/sec508/guide/index.htm

3. I wasn't sure how Attachment A Wage Determinations affect this solicitation as most labor categories of these solicitations aren't included. Do we default to paying minimum wage or better?

The Service Contract Act applies to this solicitation. The SCA establishes standards for prevailing compensation and safety and health protections for employees performing work for contractors and subcontractors on service contracts entered into with the federal government and with the District of Columbia. SCA provisions are applicable to contracts the principal purpose of which is to provide services in the United States through the use of service employees. The SCA requires contracting agencies to incorporate new or revised SCA WDs into contracts for services for each solicitation, award, or modification to exercise an option, extend the contract, or change the scope of work (whereby labor requirements are significantly affected). For service contracts over $2,500, the Act requires the contracting officer to incorporate into the contract a requirement to pay prevailing wages and benefits issued by DOL in the form of WDs.

4. Previously we have not worked on a contract subject to FAR 52.222‐25 (Affirmative Action). It has less than 50 employees so I wasn't sure if it applied to us.

The Provision, Affirmative Action Compliance, is used in solicitations, other than those for construction, when a contract is contemplated that will include the clause at 52.222‐26, Equal Opportunity, unless the contract is exempt from all of the requirements of E.O. 11246 (see 22.807.

5. Do we need to submit a Small Disadvantaged Business Participation Plan?

A Small Disadvantaged Business Participation Plan is not required for this solicitation.

Provision FAR 52.219‐24, Small Disadvantaged Business Participation Program—Targets (Page 37 of 45) is deleted from the solicitation.

Solicitation #12‐233‐SOL‐00565_00002 Page 2 of 2 Low Income Home Energy Assistance Program ‐ Accountability and Third‐Party Verification Support

6. We weren't sure how to address travel in the proposal for the National conference and potential regional workshops for TTA. Should it be part of the business proposal with estimates for what we anticipate needing to support states' attendance? Or is it something that would be addressed after the contracts are awarded?

Business proposal should reflect all costs anticipated as part of the contract.

7. Can you please clarify, the notice indicates this isn’t a set‐aside contract however, I read this statement in the synopsis “Offers will only be considered from States, Territories, Indian Tribes and Tribal Organizations, public agencies, and private nonprofit organizations as authorized by the Low Income Home Energy Assistance Act of 1981 (Title XXVI of Public Law 97‐35, as amended, 42.U.S.C. 8621), in Section 2609A(a). Offerors should be registered in the Central Contractor Registration (CCR) database. The North American Industry Classification (NAICS) Code is 541690. The small business size standard is $14M. A Firm Fixed Price contract is anticipated with a base period of two‐years.”

This is not a set‐aside contract. However, Section 2609A (a) states that the funds appropriated may be reserved by the Secretary to enter into contracts with States and public agencies and nonprofit organizations. Additionally, section 2609A (b) of the Act also authorizes grants "to one or more private nonprofit organizations that apply jointly with a business concern to receive such grant." Offeror’s may choose to form teaming agreements if it is in their best interest to do so.

8. Is this a new or follow on requirement? If it is a follow on, please let us know the current contract number and incumbent name.

This is a new requirement.

Amendment #2 Solicitation #12-233-SOL-00565 Page 3 of 45 Low Income Home Energy Assistance Program - Accountability and Third-Party Verification Support

SECTION 1 – SUPPLIES OR SERVICES AND PRICES/COSTS

1.1. CONSIDERATION AND PAYMENT

In consideration of performance of the work described in Section 2, Statement of Work, the Contractor shall be paid as follows:

Period of Performance (9/26/2012-9/25/2014):

(Non-Severable)

Firm Fixed Price: $______ Ceiling for Travel (T&M): $______ Total Base Ceiling Amount: $______

1.2. PAYMENT SCHEDULE

Payment will be made in accordance with the Payment Schedule, upon presentation and acceptance of a proper invoice and upon receipt and acceptance by the Government of the services specified in Section 2, Statement of Work.

(Offeror to submit a proposed Payment Schedule.)

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SECTION 2 - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

2.1. TITLE

Low Income Home Energy Assistance Program - Accountability and Third-Party Verification Support

2.2. BACKGROUND

The Low Income Home Energy Assistance Program (LIHEAP) is a block grant authorized by the Omnibus Reconciliation Act of 1981 (OBRA), as amended, and administered within the Department of Health and Human Services (DHHS). In DHHS, LIHEAP is administered by the Division of Energy Assistance within the Office of Community Services (OCS), which is a part of the Administration for Children and Families (ACF). The purpose of LIHEAP is to provide grants to LIHEAP grantees (States, Territories, and approximately 140 Indian Tribes and Tribal organizations) to assist low income households in meeting the costs of home energy.

Section 2609A(a) of the Low Income Home Energy Assistance Act of 1981 (title XXVI of Public Law 97-35, the Omnibus Reconciliation Act of 1981, 42 U.S.C. 8621, as amended), authorizes the Secretary of the Department of Health and Human Services to set aside up to $300,000 each fiscal year to make grants to State and public agencies and private nonprofit organizations; or to enter into contracts or jointly financed cooperative arrangements with States and public agencies and private nonprofit organizations, to provide training and technical assistance related to the Low Income Home Energy Assistance Program (LIHEAP).

The Consolidated Appropriations Act, Public Law 112-74 (2011) appropriated $3.4 billion for the FY 2012 LIHEAP program and included the following additional provision:

“Provided further, that notwithstanding section 2609A(a), of the amounts appropriated under section 2602(b), not more than $3,000,000 of such amounts may be reserved by the Secretary for technical assistance, training, and monitoring of program activities for compliance with internal controls, policies and procedures.”

2.3. PURPOSE

The purpose of this contract is to implement the recommendations from the LIHEAP Program Integrity Working Group (PIWG).

The LIHEAP PIWG provided a general analysis of various internal controls and requested that the Department of Health and Human Services (HHS) conduct an in-depth, cost-benefit analysis of third-party automated verification systems. This request is consistent with the General Accountability Office (GAO) recommendation, in its June 2010 report on LIHEAP, that HHS:

“Evaluate the feasibility (including consideration of any costs and operational and system modifications) of validating applicant and household member identity information with the Social Security Administration (SSA).”

Although several states have engaged in some efforts to use third-party verification to improve program integrity, the level of success is varied. A cost-benefit analysis based on best practices

Amendment #2 Solicitation #12-233-SOL-00565 Page 5 of 45 will help LIHEAP grantees make critical decisions on program integrity measures and plan appropriately in regard to preventing and detecting fraud and abuse. The priority for these analyses should be placed on those systems identified in the LIHEAP PIWG and GAO reports, particularly the SSA data exchange process that enables verification of client and household member Social Security Numbers (SSNs) and income of Social Security recipients.

In addition to providing cost-benefit comparisons across multiple systems (e.g. SSA, new hire databases, incarceration records), an effective cost-benefit analysis should take into account current capacity among states, highlighting areas where existing resources, including HHS efforts to collaborate with other federal agencies to streamline third-party verification processes, could be leveraged to increase efficiency and maximize outcomes.

2.4. STATEMENT OF WORK

The Contractor shall be responsible for providing qualified staff to collect and analyze information on third-party verifications systems, document current capacity, resources, and extent to which states use such systems, and conduct a cost-benefit analysis. It is expected that the Contractor shall provide a team of qualified personnel to work with OCS Federal staff in carrying out the following tasks:

TASK 1 Kick-Off Meeting/Planning and Communication

Within 10 calendar days of contract award, the COR will hold a kick-off meeting with the Contractor, at OCS headquarters, for an initial discussion of the Tasks, and the Contractor’s plan and estimated costs for two one-day meetings in Washington, D.C., as described in Task 3. The meetings will bring together officials from the Social Security Administration (SSA) and other third-party verifications sources, in order to gather best practices and the necessary federal-level agreements for third-party verification for state LIHEAP programs.

Within 10 calendar days following the kick-off meeting, the Contractor shall submit a summary report of the meeting (minutes), and Contractor’s plan and estimated costs for the two meetings in Washington, D.C.

TASK 2 Develop Options and Gather Documentation for Third-Party Verification

Identify options, likelihood, feasibility and best practices for addressing the third-party verification recommended by GAO and the LIHEAP PIWG to allow LIHEAP grantees (50 states, D.C., Puerto Rico and 6 tribes identified by the COR) access to third-party verification systems including social security numbers (SSNs), death registries, new hire databases and incarceration records.

As part of this effort, the Contractor shall document verification systems currently in use by other federal programs, including but not limited to those specific programs identified in the PIWG report (SNAP, TANF, etc.).

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TASK 3 Conduct Cost-Benefit Analysis

Identify benefits for LIHEAP program integrity and potential cost savings if the recommended third-party verifications process were implemented on a national basis. The Contractor shall (a) assess what is needed for LIHEAP authorization, including but not limited to Interagency Agreements, OMB approvals, and recommended legislative authorities, and (b) identify streamlined cost savings for third-party verification.

LIHEAP does not intend that the Contractor determine or estimate fraud, waste and abuse currently occurring in estimating potential cost savings if the recommended third-party verifications process is implemented.

TASK 4 Convene and Provide Logistical Support for LIHEAP Meetings

In order to provide input for the effort for Tasks 1 and 2, as applicable, the Contractor shall organize, facilitate and make all logistical arrangements for two one-day meetings at an HHS facility in Washington, D.C., on separate dates, in consultation with the LIHEAP COR.

(1) The first meeting would be for LIHEAP decision makers to hear about successful and exemplary processes for streamlined third-party verification. The one-day conference will use HHS facilities and may include travel and per diem costs for speakers and presenters, if approved in advance by the LIHEAP COR.

(2) The second meeting would be to bring together specific entities, such as the Social Security Administration, representatives from other federal programs, and sources of third-party verification, to share information and discuss issues with respect to third-party verification. The outcome may include developing federal Memoranda of Understanding (MOUs).

At the conclusion of each meeting, the Contractor shall prepare and submit for approval a summary report of the proceedings (minutes) for both meetings, including findings from the meetings, documentation of the recommended approaches for the 50 states, D.C., 6 Tribes and Puerto Rico and expected benefits for program integrity in implementing the recommendations.

The report should include other fact-finding efforts by the Contractor, including summary of options and best practices (Task 2).

TASK 5 Conduct Grantee Capacity Survey

Identify the current capacity of LIHEAP grantees, the 50 states, D.C., 6 tribes and Puerto Rico, to implement the process recommended in Task 1. This survey shall include technical assistance, software and hardware upgrades or purchases and essential personnel upgrades or acquisitions for each LIHEAP grantee being studied. The intent is for the current capacity survey to be completed without on-site visits to the 50 states, D.C., 6 Tribes and Puerto Rico.

Exceptions must be approved in advance by the LIHEAP COR.

The Contractor shall prepare and submit a report on survey results that identifies the current capacity of the 50 states, D.C., 6 Tribes and Puerto Rico to implement and use the recommended third-party verification process.

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TASK 6 Submit Draft Implementation Cost-Benefit Plan

The Contractor shall prepare and submit for COR approval a draft plan for maximizing benefits at the lowest cost for phased implementation and use of third-party verification of eligibility and program integrity improvements in the 50 states, D.C., 6 tribes and Puerto Rico.

TASK 7 Submit Completed Cost-Benefit Plan

The Contractor shall prepare and submit a final, detailed cost-benefit study that includes an implementation plan. Provide technical assistance to the 50 states, D.C., 6 tribes and Puerto Rico for implementation and use of third-party verification of eligibility, as described in the approved cost-benefit study under Task 3.

2.5 LEVEL OF EFFORT

Estimates listed below are for the level of effort required to carry out the work described herein for the entire contract period. The government presents this description of the levels of effort only as an example. Contractors may propose any staffing pattern that they believe shall best be able to accomplish the tasks described in the Statement of Work.

Labor Category Labor Hours Senior Project Leader 600 Senior Project Staff 1280 Technical Staff 2000 Administrative/ Support Staff 360

2.6 QUALITY ASSURANCE SURVEILLANCE PLAN

A Quality Assurance Surveillance Plan (QASP) is to be proposed by the Offeror for use in measuring contractor success. The QASP should detail qualitative and quantitative results, definitions, and standards of success for the Performance Objectives in Section 2.7.

2.7 PERFORMANCE OBJECTIVES

General quality measures, as set forth below, will be applied for each work product received from the Contractor under the Statement of Work:

a. Accuracy – Work products shall be accurate in presentation, technical content, and adherence to accepted elements of style.

b. Clarity - Work products shall be clear and concise. Any/All diagrams shall be easy to understand and be relevant to the supporting narrative.

c. Consistency to Requirements - All work products must satisfy the requirements of the Statement of Work.

d. File Editing - All text and diagrammatic files shall be editable by the government.

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e. Format - Work products shall be submitted in electronic form, unless otherwise specified.

The electronic copy must be in a format as indicated in the Tasks/Deliverables Table

f. Timeliness - Work products shall be submitted on or before the due date specified in the Statement of Work or submitted in accordance with a later scheduled date determined by the government.

2.8 TRAVEL COSTS

There shall be long distance travel associated with this contract.

The Contractor will be reimbursed for travel to provide support as specified in the contract and approved by the COR. All travel shall be approved by the COR prior to the commencement of travel. The Contractor shall be reimbursed for actual allowable, allocable and reasonable travel costs incurred and previously approved by the COR. All travel shall be in accordance with the Federal Travel Regulations currently in effect on the date of travel.

2.9 HHS SECTION 508 ACCESSIBILITY STANDARDS NOTICE (SEPTEMBER

2009)

This contract is subject to Section 508 of the Rehabilitation Act (the Act) of 1973 (29 U.S.C.

794d), as amended by the Workforce Investment Act of 1998, and the Architectural and Transportation Barriers Compliance Board (Access Board) Electronic and Information Accessibility Provisions (36 CFR Part 1194). Section 508 of the Act requires that, unless an exception applies, all communications products and services that require a contractor or consultant to produce content in any format that is specifically intended for publication on, or delivery via, a federally owned or federally funded website permit the following:

(1) Federal employees with disabilities to have access to and use information and data that is comparable to the access and use of information and data by federal employees who are not individuals with disabilities.

(2) Members of the public with disabilities seeking information or services from a federal agency to have access to and use of information and data that is comparable to the access and use of information and data by members of the public who are not individuals with disabilities.

(Note: Information about Section 508 of the Act is available at http://www.section508.gov/. The complete text of Section 508 can be accessed at http://www.access-board.gov/sec508/provisions.htm.)

Accordingly, regardless of format, all web content or communications materials specifically produced for publication on, or delivery via, HHS websites, including text, audio, or video, under this contract shall conform to applicable Section 508 accessibility standards. Remediation of any materials that do not comply with the applicable accessibility standards of 36 CFR Part 1194 as set forth herein shall be the responsibility of the Contractor.

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The following Section 508 accessibility standards apply to the content or communications material identified in this SOW or PWS:

36 CFR 1194.21(a)-(j)

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SECTION 3 – PACKAGING AND MARKING

3.1 MARKING

All reports and documentation required as deliverables in accordance with this contract shall be marked as follows:

• Name of Contractor;

• Contract Number;

• Title or description of the item(s) contained therein; and

• Consignee’s name and address.

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SECTION 4 – INSPECTION AND ACCEPTANCE

4.1 INSPECTION AND ACCEPTANCE

All work under this contract is subject to inspection and final acceptance by the Contracting Officer or the duly authorized representative of the government.

The Government’s Contracting Officer’s Representative (COR) is a duly authorized representative of the government and is responsible for inspection and acceptance of all items to be delivered under this contract.

4.2 APPROVALS BY THE COR

All services delivered to the COR will be deemed to have been accepted 30 calendar days after date of delivery, except as otherwise specified in this contract, if written approval or disapproval has not been given within such period. The COR’s approval or revision to the services delivered shall be within the general scope of work stated in this contract.

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SECTION 5 – DELIVERIES OR PERFORMANCE

5.1 PERIOD OF PERFORMANCE

The period of performance has a period of 24 months.

Base Year: September 26, 2012 – September 25, 2014 (Dates subject to change)

5.2 DELIVERABLES/DELIVERY SCHEDULE

The contractor shall submit deliverables to the COR. These deliverables shall be clear, concise, and complete, and shall conform to the standards that are identified below. Certain types of deliverables shall be submitted in draft form initially, allowing the COR to review and provide additional information and/or clarification comments for possible inclusion in the final document.

All deliverables shall be submitted electronically to the COR using the Microsoft Office tool suite. Final deliverables shall be submitted both in hard copy and electronically to the COR and Contracting Officers. Below is a listing of the deliverables and their intended due dates.

COR will review each deliverable, and accept or reject the deliverable in writing. Any deliverable product under this contract will be accepted or rejected in writing by the COR. The COR will have the right to reject or require correction of any deficiencies found in the deliverables that are contrary to the information contained in the contractor’s accepted proposal.

In the event of rejection of any deliverable, the contractor will be notified in writing by the COR of the specific reasons why the deliverable is being rejected. The contractor shall correct the rejected deliverable and resubmit it to the COR for approval.

5.3 DELIVERABLE SCHEDULE

Task Milestones/Deliverables Date Due Format

Kick-Off Meeting Minutes and Plan/Estimated Costs for Convening Two LIHEAP Meetings in Washington, D.C.

(as described in Task 4)

10 days after contract award

MS Word and MS Excel

Develop Options and Gather Documentation As Requested As Required

3 Conduct Cost-Benefit Analysis As Requested As Required 4 Convene Two LIHEAP Meetings

Summary Report – Minutes/Findings from Meetings

As Requested 30 days after meeting

MS Word and MS Excel

Report on Survey Results on Grantee Capacity As Requested

MS Word and MS Excel

6 Draft Cost-Benefit Plan for COR Approval As Requested MS Word and MS Excel

7 Completed Cost-Benefit Plan As Requested MS Word and MS Excel

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5.4 OBSERVANCE OF FEDERAL HOLIDAYS

Service shall not take place on Saturdays, Sundays, or the Federal holidays shown below, or days of government closure due to inclement weather:

1. New Year's Day 1 January

2. Martin Luther King's Birthday Third Monday in January

3. President's Day Third Monday in February

4. Memorial Day Last Monday in May

5. American Independence Day 4 July

6. Labor Day First Monday in September

7. Columbus Day Second Monday in October

8. Veteran's Day 11 November

9. Thanksgiving Day Fourth Thursday in November

10. Christmas Day 25 December

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SECTION 6 – CONTRACT ADMINISTRATION DATA

6.1 AUTHORITIES OF GOVERNMENT PERSONNEL

Notwithstanding the Contractor's responsibility for total management during the performance of this contract, the administration of this contract will require maximum coordination between the Government and the Contractor. The following individuals will be the Government's points of contact during the performance of this contract:

Contracting Officer The PSC Contracting Officer is the only individual authorized to modify this contract. The Contracting Officer responsible for administrative and contractual issues concerning this contract is:

Wendy Cruz, Contracting Officer HHS/Program Support Center Division of Acquisition Management, SAS 12501 Ardennes Avenue, Suite 400 Rockville, Maryland 20857 Phone: (301) 443-3086 Fax: (301)443-8863 Email: Wendy.Cruz@psc.hhs.gov

Contracting Officer’s Representative (COR)

The COR shall be named at award.

6.2 CONTRACTING OFFICER’S REPRESENTATIVE (COR) AUTHORITY

(a) Performance of work under this contract must be subject to the technical direction of the Contracting Officer’s Representative identified above, or a representative designated in writing.

The term “technical direction” includes, without limitation, direction to the contractor that directs or redirects the labor effort, shifts the work between work areas or locations, fills in details and otherwise serves to ensure that tasks outlined in the work statement are accomplished satisfactorily.

(b) Technical direction must be within the scope of the specification(s)/work statement.

The Contracting Officer’s Representative does not have authority to issue technical direction hat:

(1) Constitutes a change of assignment or additional work outside the specification(s)/statement of work;

(2) Constitutes a change as defined in the clause entitled “Changes”;

(3) In any manner causes an increase or decrease in the contract price, or the time required for contract performance;

(4) Changes any of the terms, conditions, or specification(s)/work statement of the contract;

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(5) Interferes with the contractor's right to perform under the terms and conditions of the contract; or

(6) Directs, supervises or otherwise controls the actions of the contractor's employees.

(c) Technical direction may be oral or in writing. The Contracting Officer’s Representative shall confirm oral direction in writing within five work days, with a copy to the Contracting Officer.

(d) The contractor shall proceed promptly with performance resulting from the technical direction issued by the Contracting Officer’s Representative. If, in the opinion of the contractor, any direction of the Contracting Officer’s Representative, or his/her designee, falls within the limitations in (b), above, the contractor shall immediately notify the Contracting Officer no later than the beginning of the next Government work day.

(e) Failure of the contractor and the Contracting Officer to agree that technical direction is within the scope of the contract shall be subject to the terms of the clause entitled “Disputes.”

6.3 INVOICE SUBMISSION

The Contractor shall submit invoices once per month. A complete invoice with all required back-up documentation shall be sent electronically, via email, to:

1. Contract Specialist via DAM mailbox: pscsas.invoices@psc.hhs.gov.*

2. Contracting Officer’s Representative (COR): to be provided at award

3. Financial Management Service (FMS): psc_invoices@psc.hhs.gov.*

* No other non-invoice related documents (i.e. deliverables, reports, balance statements) shall be sent to the DAM and FMS mailboxes. Invoices Only.

The subject line of your email invoice submission shall contain the contract number, contract line item number, the order number, if applicable, and the number of invoices. The Contractor shall send one email per contract per month. The email may have multiple invoices for the contract. Invoices must be in the following formats: PDF, TIFF, or Word. No Excel formats will be accepted. The electronic file cannot contain multiple invoices; example, 10 invoices requires 10 separate files (PDF or TIFF or Word).

Invoices shall be submitted in accordance with the contract terms, i.e. payment schedule, progress payments, partial payments, deliverables, etc.

All calls concerning contract payment shall be directed to the COR.

In accordance with FAR 52.212-4, Contract Terms and Conditions—Commercial Items, a proper invoice must include the following items:

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FAR 52.212-4(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice;

and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer— Other Than Central Contractor Registration), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

Additionally, the FMS requires the contractor to include its Dunn and Bradstreet Number (DUNS) on each invoice.

In accordance with OMB Memorandum, M-11-32, Agencies shall make payments to small businesses as soon as practicable, with the goal of making payments within 15 days of receipt of a proper invoice. If a small business contractor is not paid within this (15 day) accelerated period, the contractor will not be given a late-payment interest penalty. Interest penalties, as prescribed by the Prompt Payment Act, remain unchanged by means of this memorandum. All small businesses shall label all invoices as “Small Business.”

Additionally, in accordance with OMB Memorandum, M-12-16, all prime contractors are encouraged to disburse funds received from the Federal Government to their small business

Amendment #2 Solicitation #12-233-SOL-00565 Page 17 of 45 subcontractors in a prompt manner. To assist prime contractors in expediting contractor payments to small business subcontractors, Agencies shall, to the full extent permitted by law, temporarily establish an earlier, accelerated date for making agency payments to all prime contractors. Consistent with OMB Memorandum M-11-32 above, Agencies shall have a goal of paying all prime contractors within 15 days of receiving proper documentation. In an effort to support small business growth, drive economic activity and job creation, the Contractor is encouraged to accelerate payments to their small business subcontractors.

In accordance with the requirements of the Debt Collection Improvement Act of 1996, all payments under this order will be made by electronic funds transfer (EFT). The Contractor shall provide financial institution information to the Finance Office designated above in accordance with FAR 52.232-33 Payment by Electronic Funds Transfer – Central Contractor Registration.

6.4 HHSAR 352.242-70 KEY PERSONNEL (JANUARY 2006)

The key personnel specified in this contract are considered to be essential to work performance.

At least 30 days prior to diverting any of the specified individuals to other programs or contracts (or as soon as possible, if an individual must be replaced, for example, as a result of leaving the employ of the Contractor), the Contractor shall notify the Contracting Officer and shall submit comprehensive justification for the diversion or replacement request (including proposed substitutions for key personnel) to permit evaluation by the Government of the impact on performance under this contract. The Contractor shall not divert or otherwise replace any key personnel without the written consent of the Contracting Officer. The Government may modify the contract to add or delete key personnel at the request of the contractor or Government.

The following labor categories are to be considered key personnel:

Title Name

TBD To be named at award

6.5 SERVICE CONTRACT ACT

The Service Contract Act of 1965 applies to this contract. Contractors performing on service contracts in excess of $2,500 to which no predecessor contractor’s collective bargaining agreement applies shall pay their employees at least the wages and fringe benefits found by the Department of Labor to prevail in the locality or, in the absence of a wage determination, the minimum wage set forth in the Fair Labor Standards Act.

6.6 PRINTING AND DUPLICATION

The Contractor may duplicate or copy less than 5,000 production units of only one page, or less than 25,000 production units in aggregate of multiple pages for the use of a department or agency. A production unit is defined as one sheet, size 8.5 x 11 inches, one side only, and one color. This page limit is per requirement and not per contract. These pages may not exceed a maximum image size of 10-3/4 by 14-1/4 inches. Any requirements for duplication in excess of

Amendment #2 Solicitation #12-233-SOL-00565 Page 18 of 45 these requirements shall be obtained by the Contracting Officer’s Representative (COR) through the Government Printing Office.

No printing by Contractor or any subcontractor is authorized under this contract. All printing required hereunder must be performed by the Government Printing Office, in accordance with CFR Title 44; Public Law 102-392, as amended by H.R. 4454; and The Legislative Branch Appropriations Act 2995. The Contractor shall complete Form HHS 26 and submit it along with all camera-ready copies to the COR. After approving the documents, the COR will provide the package to Ms. Diana Mathews, Chief, Publications Management Branch, Division of Support Services, Program Support Center, whose branch will place the actual order for printing. Once the documents are printed, they may be returned to either the COR or the Contractor, as requested by the COR.

The cost of any unauthorized printing or duplicating under this contract will be considered unallowable costs for which the Contractor will not be reimbursed.

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SECTION 7 – SPECIAL CONTRACT REQUIREMENTS

7.1 CONTRACTOR PERFORMANCE ASSESSMENT REPORT

During the life of this contract, Contractor performance will be evaluated on an interim and final basis pursuant to FAR Subpart 42.15. The Contractor Performance Assessment Reporting System (CPARS) will be utilized for these reviews. Information on CPARS can be located at http://www.cpars.csd.disa.mil/cparsmain.htm.

7.2 ACCESS TO HHS ELECTRONIC MAIL

All contractor personnel who have access to and use of HHS electronic mail (e-mail) must identify themselves as contractors on all outgoing e-mail messages, including those that are sent in reply or are forwarded to another user. To best comply with this requirement, the contractor staff shall set up an e-mail signature (“AutoSignature”) or an electronic business card (“V-card”) on each contractor employee’s computer system and/or personal digital assistant (PDA) that will automatically display “Contractor” in the signature area of all e-mails sent.

7.3 KEY CONTROLS

The contractor shall establish and implement methods of making sure all keys issued to the contractor by the government are not lost or misplaced and are not used by unauthorized persons.

The contractor shall not duplicate any keys issued by the government. The contractor shall immediately report to the COR any occurrences of lost or duplicated keys.

In the event keys, other than master keys, are lost or duplicated, the contractor may be required, upon written direction of the COR, to re-key or replace the affected lock or locks at no cost to the government. The government may, however, at its option, replace the affected lock or locks or perform re-keying and deduct the cost of such from the monthly payment due the contractor. If a master key is lost or duplicated, the government must replace all locks and keys for that system and the total cost deducted from the monthly payment due the contractor.

The contractor must prohibit the use of keys issued by the government by any persons other than the contractor's employees. Opening of locked areas by contractor employees to permit entrance of persons other than contractor employees engaged in performance of work requirements in those areas is prohibited.

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SECTION 8 – CONTRACT CLAUSES

8.1 FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days before the contract expires.

8.2 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 these addresses:

FAR- https://www.acquisition.gov/far/index.html HHSAR -http://www.hhs.gov/oamp/policies/hssar.doc

FEDERAL ACQUISITION REGULATIONS (FAR) 48 CFR CHAPTER CLAUSES

CLAUSE TITLE DATE

52.202-1 Definitions January 2012

52.203-3 Gratuities April 1984

52.203-12 Limitation on Payments to Influence Certain Federal Transactions

October 2010

52.203-13 Contractor Code of Business Ethics and Conduct Apr 2010

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

May 2011

52.204-7 Central Contractor Registration Feb 2012

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

Feb 2012

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations

May 2012

52.216-31 Provision Time & Materials/Labor-Hour Proposal Requirements—Commercial Item Acquisition

February 2007

52.222-49 Service Contract Act—Place of Performance Unknown May 1989

52.223-6 Drug-Free Workplace May 2001

52.224-1 Privacy Act Notification Apr 1984)

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52.224-2 Privacy Act Apr 1984

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

52.229-3 Federal, State, and Local Taxes April 2003

52.232-23 Assignment of Claims January 1986

52.233-4 Applicable Law for Breach of Contract Claim October 2004

52.237-3 Continuity of Services January 1991

52.242-13 Bankruptcy July 1995

52.243-1 Changes—Fixed-Price, Alternate II Apr 1984

52.243-3 Changes – Time & Material or Labor Hour September 2000

52.244-6 Subcontracts for Commercial Items December 2010

52.246-25 Limitation of Liability—Services February 1997

DEPARTMENT OF HEALTH AND HUMAN SERVICES ACQUISITION

REGULATION (HHSAR) (48 CFR CHAPTER 3) CONTRACT CLAUSES

352.202-1 Definitions January 2006

352.203-70 Anti-lobbying March 2012

352.222-70 Contractor cooperation in equal employment opportunity investigations

January 2010

352.224-70 Privacy Act January 2006

352.231-71 Pricing of adjustments January 2001

352.239-70 Standard for Security Configurations January 2010

352.239-71 Standard for Encryption Language January 2010

352.239-72 Security Requirements for Federal Information Technology Resources

January 2010

352.242-70 Key Personnel January 2006

352.242-71 Tobacco-free Facilities January 2006

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352.242-73 Withholding of Contract Payments January 2006

352.270-1 Accessibility of meetings, conferences, and seminars to persons with disabilities

January 2001

352.270-7 Conference sponsorship request and conference materials disclaimer

January 2010

8.3 FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS

(MAY 2012)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (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) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108- 78).

(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:

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Feb 2012) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010) (Pub. L. 111-5).

_X_ (6) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Dec 2010) (31 U.S.C. 6101 note).

_X_ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Feb 2012) (41 U.S.C. 2313).

__ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

Amendment #2 Solicitation #12-233-SOL-00565 Page 23 of 45

__ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

__ (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (11) [Reserved] __ (12)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (13)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

__ (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)).

__ (15)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Oct 2001) of 52.219-9.

__ (iii) Alternate II (Oct 2001) of 52.219-9.

__ (iv) Alternate III (Jul 2010) of 52.219-9.

__ (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)).

__ (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

__ (18) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

__ (19)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

__ (ii) Alternate I (June 2003) of 52.219-23.

__ (20) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (21) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

_X_ (23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2012) (15 U.S.C. 632(a)(2)).

__ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2012) (15 U.S.C. 637(m)).

__ (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2012) (15 U.S.C. 637(m)).

_X_ (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

__ (27) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Mar 2012) (E.O. 13126).

__ (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X_ (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

_X_ (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212).

_X_ (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

_X_ (32) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212).

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_X_ (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (34) 52.222-54, Employment Eligibility Verification (JAN 2009). (Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C.

8259b).

__ (37)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423).

__ (ii) Alternate I (DEC 2007) of 52.223-16.

_X_ (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving

(AUG 2011) (E.O. 13513).

__ (39) 52.225-1, Buy American Act—Supplies (Feb 2009) (41 U.S.C. 10a-10d).

__ (40)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (May 2012) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109- 169, 109-283, 110-138, 112-41, and 112-42).

__ (ii) Alternate I (Mar 2012) of 52.225-3.

__ (iii) Alternate II (Mar 2012) of 52.225-3.

__ (iv) Alternate III (Mar 2012) of 52.225-3.

__ (41) 52.225-5, Trade Agreements (MAY 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (42) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

__ (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (45) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

__ (46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

__ (47) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).

__ (48) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

__ (49) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).

_X_ (50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (51)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

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(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, 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:

_X_ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

_X_ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (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) (Sep 2009) (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 (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (Nov 2007) (41 351, et seq.).

__ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain…