13-233-SOL-00763.pdf

Solicitation (RFP) No.: 13-233-SOL-00763 “National Worksite Breastfeeding Support for Hourly-Wage Employers: Innovative Strategies for Success”

Combined Synopsis/Solicitation “National Worksite Breastfeeding Support for Hourly-Wage

Employers: Innovative Strategies for Success”

This solicitation, number 13-233-SOL-00763, is issued as a request for proposals (RFP).

Date: September 5, 2013 NAICS Code: 512191 (Teleproduction and Other Postproduction Services); applicable size standard: $29.5 million (average annual receipts) Small Business Set-Aside: None (however additional points during the evaluation are available to small businesses responding to this solicitation) Procurement Classification (Service) Code: T -- Photographic, mapping, printing, & publication services

This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-69.

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

“National Worksite Breastfeeding Support for Hourly-Wage Employers: Innovative Strategies for Success”

SECTION 1 - Supplies or Services/Prices

1.1 BRIEF DESCRIPTION OF SERVICES

The purpose of the National Worksite Breastfeeding Initiative is to provide information and resources to employers of breastfeeding mothers in non-office or challenging work environments to help them find time and space solutions for breastfeeding mothers returning to the work place.

1.2 TYPE OF CONTRACT

This is a firm fixed price (FFP) task order for commercial services.

1.3 NONSEVERABLE SERVICES

The services specified in this contract (or line item) have been determined to be nonseverable services - a specific undertaking or entire job with a defined end product of value to the Government.

1.4 CONSIDERATION AND PAYMENT SCHEDULE (FFP)

The total fixed price of this contract/order is $__(TBD upon award) ____. Payments shall be made upon the delivery and acceptance of each item listed in Section 5.2, in accordance with the following payment schedule:

Deliverables/Activities Firm-Fixed Price (Payment) Amount Workplace Lactation Videos $ * shall be inserted at task order award Workplace Lactation Videos (in compliance with all OASH, OWH, & ASPA requests for modifications)

$ * shall be inserted at task order award

Website (as approved by ASPA) $ * shall be inserted at task order award

Total Firm-Fixed Price $ * shall be inserted at task order award

“National Worksite Breastfeeding Support for Hourly-Wage Employers: Innovative Strategies for Success”

SECTION 2 - Description/Specifications

2.1 STATEMENT OF WORK

The Contractor shall furnish all of the necessary personnel, materials, services, facilities, (except as otherwise specified herein), and otherwise do all the things necessary for or incident to the performance of the work as set forth below:

2.1.1 Purpose

The purpose of the National Worksite Breastfeeding Initiative is to provide information and resources to employers of breastfeeding mothers in non-office or challenging work environments to help them find time and space solutions for breastfeeding mothers returning to the work place.

This initiative was developed in response to a requirement in the Affordable Care Act (ACA) requiring employers to provide time and space for an employee to express milk for her nursing child. Employers of hourly wage earners often encounter special challenges as they attempt to comply with the requirements of this law.

2.1.2 Background

When the Affordable Care Act (ACA) was passed on March 23, 2010, one of the provisions, Section 4207, called for an amendment to the Fair Labor Standard Act of 1938, requiring employers to provide “reasonable break time for an employee to express milk for her nursing child for 1 year after the child’s birth each time such an employee has need and a place other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public.”

The U.S. Department of Labor, as the lead agency for implementation of this provision sought expert advice from OWH on how to best help employer and employees understand the requirements of this new law. In response to this need, OWH implemented an initiative to reach out to businesses to enhance their awareness of the new lactation support requirements of the

ACA.

Employers of hourly workers often encounter special challenges as they attempt to comply with the time and space requirements of the ACA primarily because their work-places are typically non-office settings. The Business Case for Breastfeeding, a work place lactation toolkit developed by the Health Resources and Services Administration and OWH, does not address the special needs and challenges of employers of over-time eligible employees. In fact, there is a dearth of information and resources that target the lactation workplace needs and challenges faced by these employers. Therefore, the OWH implemented the National Worksite Breastfeeding Support for Hourly-Wage Employers: Innovative Strategies for Success Initiative to find solutions to address these workplace challenges.

As part of this initiative, OWH contractors spent a year interviewing businesses employing over-time eligible employees, attending and exhibiting at national business meetings, and presenting at some meetings. Through these activities, the contractors found that these businesses wanted and needed help to provide the space and the time for mothers to express milk for their

“National Worksite Breastfeeding Support for Hourly-Wage Employers: Innovative Strategies for Success” nursing child so they could comply with the law. They wanted to know how businesses similar to them had solved the space and time issue. So the contractors surveyed businesses across the nation to determine how they were complying with the new law. Based on the results of the survey, one contractor proposed the development of a searchable database posted on a website to provide to showcase the solutions developed by different businesses.

Since a similar resource was not available to businesses, OWH determined there was a need for this resource, it had great potential to reach the target audience, and it was eagerly embraced by the target audience when the concept was presented, OWH decided to move forward with the development of the website as the innovative strategy for success. Businesses were contacted and invited to share how they solved the lactation time and space issue. The solutions submitted will be sorted into 22 industry groups and a short video will be developed to introduce each industry category. Video footage has been shot for the 22 industry groups as well as a greeting by the Surgeon General and remarks from other federal officials.

2.1.3 Requirement

OWH implemented this project to identify solutions to help employers of hourly wage earners identify workable solutions to help them comply with the ACA. The solution proposed by the contractor, based on discussions and meetings with employers of hourly wage earners, and accepted by OWH is more costly than originally budgeted. The innovative strategy proposed by the contractor and accepted by OWH was the development of a website with narratives and videos to show employers how others businesses are meeting the requirement to provide time and space for lactating mothers. To date, a beta version of the website, without the videos, has been developed for review and testing. All videos have been developed in a draft form, and most have been reviewed by OWH.

To complete this phase of the project, OWH has the following needs:

A beta test site has been developed that will be hosted on www.womenshealth.gov, one of OWH’s two official websites. This searchable database contractor will develop under this contract will host lactation space and time solutions from over 150 businesses. Users will be able to search solutions by type of business, number of employees, geographic locations, cost of the lactation room/space, the business’s annual operating budget, and other variables. Each industry category, which will feature solutions from 4-8 businesses and will be introduced by a video highlighting how a company in this industry group has resolved the lactation time and space issue. These videos are still under development. The remaining requirements include, but are not limited to:

complete testing of the beta site and incorporate/delete text, move text, and make other enhancements to the website based on testing; develop a website compatible with the platform that hosts www.womenshealth.gov by working closely with the OWH contractor; review, fact check, edit, and finalize all data and information posted on the website; create an electronic project dashboard for review and making data-base changes to the data fields; and work with the OWH Contract Officer Representative (COR) and the OWH Division of Outreach and Collaboration (DOC) to obtain clearance for the website and all materials posted on the website. Once the website is approved by OWH, it will be submitted to the Assistant Secretary for Public Affairs (ASPA) for clearance. The contractor will continue to work with OWH to respond to any requests

“National Worksite Breastfeeding Support for Hourly-Wage Employers: Innovative Strategies for Success” they make have or additional information they may need to approve the website.

A major activity associated with the development of the website is the development of the videos highlighting how companies in the 22 industry groups have resolved the lactation time and space issue. These videos show how human resource directors, employers, and supervisors have provided support to lactating employees returning to the workplace in challenging work environments such as factories, farming, and retail. The videos serve as models of how to provide lactation support in similar work environments. Draft versions of 29 videos have been developed including introductions; each 2-5 minute video was developed from 2-4 hours of footage. The contractor will use its knowledge of breastfeeding, its experience working with businesses on breastfeeding issues, its knowledge and experience working to implement breastfeeding laws and regulations, and its work with breastfeeding coalitions across the country to guide the further development of the videos into final versions (for dissemination via the website). Most of the existing videos have already received an initial (preliminary) review, but none of the videos are currently in final form. Completion of the videos requires, at a minimum: revising the videos based on feedback provided by OWH; reshooting one (1) video (in the Atlanta, GA, area); working with the website developer to ensure that the videos are compatible with the website platform;

finalizing the packages of videos to be acceptable to OWH; and working with the COR and the DOC to obtain clearance for the videos. Once the videos are approved by OWH, they will be incorporated into the website clearance package submitted to ASPA. The contractor will continue to work with OWH and help prepare responses to any questions or other requests ASPA may have regarding the videos to obtain ASPA’s approval and clearance to post them on the website.

2.1.4 Specific Tasks/Deliverables

The Contractor will manage and monitor the progress of this project to ensure the timely production/delivery of all project deliverables, as described below.

Task 1 The Contractor shall complete the following (two) trips to accomplish the work as described in this statement of work:

(i) Travel to the Atlanta, GA metropolitan area to reshoot one video at a date/time to be determined and agreed-upon by both the COR and the Contractor.

(ii) Travel to the Washington, D.C. metropolitan area to meet with OWH Program staff (at HHS/OWH Headquarters) at a date/time to be determined and agreed-upon by both the COR and the Contractor.

Task 2 The Contractor shall perform a thorough content review of all existing 29 videos that depict solutions, examples and best practices of lactation support in non-office, non-traditional environments to ensure compliance with breastfeeding laws, support of recommendations in the Surgeon General’s Report on Breastfeeding and the Business Case for Breastfeeding toolkit, as applicable. The contractor shall write and review all scripts that accompany the videos and make all changes requested by OWH. The contractor will assure that the appropriate point of contact for each business interviewed has reviewed and provided written approval of the final content of their

“National Worksite Breastfeeding Support for Hourly-Wage Employers: Innovative Strategies for Success” lactation support video.

Deliverable:

Workplace lactation videos from 22 (SHRM) industry groups that have been reviewed and edited to assure: (1) appropriate content and language; (2) appropriate disclaimers are properly placed on each video; and (3) fully operational on www.womenshealth.gov, Due Date: December 31, 2013

Task 3 The Contractor shall incorporate all requested / required edits and video modifications that have been determined by the OWH Communications team, OASH Communications and ASPA to assure a product that is suitable for the clearance / approval process.

Deliverable: 29 videos that have been completed, edited, and approved by OASH and ASPA Due Date: February 19, 2014

Task 4 The Contractor shall finalize the on-line searchable resource. This effort includes: (a) reviewing, fact checking, editing and finalizing all entries to be posted to the website, (b) develop captions, summaries of the numerous businesses that have provided information on their worksite accommodations, (c) completion of 508 compliance descriptions for more than 1,200 photos, (d) support OWH’s efforts to obtain clearance for the website and all materials on the website.

All materials shall be developed not only to be appropriate and available for use by employers and Human Resource Mangers, but also by organizations, labor unions and industry groups that target overtime-eligible employees (such as the National Restaurant Association or the American Federation of State, County and Municipal Employees).

The materials shall be coded in HTML to comply with Section 508 with the American Disabilities Act that requires individuals with disabilities, who are members of the public seeking information or services from a federal agency, have comparable access to and use of information and data as members of the public without disabilities, unless an undue burden would be placed on the agency.

The criteria for web-based technology and information are based on access guidelines developed by the Web Accessibility Initiative of the World Wide Web Consortium. Many of these provisions ensure access for people with vision impairments who rely on various assistive products to access computer-based information, such as screen reader, that translate the screen image into automated audible output and refreshable Braille Displays.

Deliverable (Due Date: March 21, 2014): A 508-compliant website, approved by ASPA, that is fully-operational on www.womenshealth.gov. The website incorporates all edited entries, captions, photos, and 29 videos highlighting how companies in the 22 industry groups have resolved the lactation time and space issue.

2.2 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.

“National Worksite Breastfeeding Support for Hourly-Wage Employers: Innovative Strategies for Success”

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.

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

• § 1194.22 Web-based intranet and internet information and applications.

• § 1194.24 Video and multimedia products.

• § 1194.31 Functional performance criteria.

• § 1194.41 Information, documentation, and support.

The deliverables in the SOW that must be 508 compliant include all the following:

• Tasks 2 and 3: 29 worksite lactation videos, including the associated scripts/narratives

• Task 4: The workplace lactation support website in its entirety

2.3 HHS-CONTROLLED FACILITIES AND INFORMATION SYSTEMS SECURITY

(a) To perform the work specified herein, Contractor personnel are expected to have routine (1) physical access to an HHS-controlled facility; (2) logical access to an HHS-controlled information system; (3) access to sensitive HHS data or information, whether in an HHS-controlled information system or in hard copy; or (4) any combination of circumstances (1) through (3).

(b) To gain routine physical access to an HHS facility, logical access to an HHS-controlled information system, and/or access to sensitive data or information, the Contractor and its employees shall comply with Homeland Security Presidential Directive (HSPD)-12, Policy for a Common Identification Standard for Federal Employees and Contractors; Office of Management and Budget memorandum (M-05-24); and Federal Information Processing Standards Publication (FIPS PUB) Number 201; and with the personal identity verification and investigation procedures

“National Worksite Breastfeeding Support for Hourly-Wage Employers: Innovative Strategies for Success” contained in the following documents:

(1) HHS Information Security Program Policy http://www.hhs.gov/ocio/policy/policydocs/ociosummaries.html http://www.hhs.gov/ocio/securityprivacy/index.html

(2) HHS Office of Security and Drug Testing, Personnel Security/Suitability Handbook, dated February 1, 2005.

http://www.hhs.gov/ohr/manual/pssh.pdf

(3) HHS HSPD-12 Policy Document, v. 2.0.

http://www.hhs.gov/asfr/og/acquisition/policies/hspd12contractguide.doc

(c) This contract/order will entail the following position sensitivity level(s): NONE.

(d) The personnel investigation procedures for Contractor personnel require that the Contractor prepare and submit background check/investigation forms based on the type of investigation required. The minimum Government investigation for a non-sensitive position is a National Agency Check and Inquiries (NACI) with fingerprinting. More restricted positions--i.e., those above non-sensitive, require more extensive documentation and investigation. The Contractor shall notify the Contracting Officer in advance when any new personnel, who are subject to a background check/investigation, will work under the contract and if they have previously been the subject of national agency checks or background investigations.

(e) Investigations are expensive and may delay performance, regardless of the outcome of the investigation. Delays associated with rejections and consequent re-investigations may not be excusable in accordance with the FAR clause, Excusable Delays--see FAR 52.249-14.

Accordingly, the Contractor shall ensure that any additional employees whose names it submits for work under this contract have a reasonable chance for approval.

(f) Typically, the Government investigates personnel at no cost to the Contractor. However, multiple investigations for the same position may, at the Contracting Officer's discretion, justify reduction(s) in the contract price of no more than the cost of the additional investigation(s).

(g) The Contractor shall include language similar to this ``HHS-Controlled Facilities and Information Systems Security'' language in all subcontracts that require subcontractor personnel to have the same frequency and duration of (1) physical access to an HHS-controlled facility; (2) logical access to an HHS-controlled information system; (3) access to sensitive HHS data/information, whether in an HHS-controlled information system or in hard copy; or (4) any combination of circumstances (1) through (3).

(h) The Contractor shall direct inquiries, including requests for forms and assistance, to the Contracting Officer or designee.

(i) Within 7 calendar days after the Government's final acceptance of the work under this contract, or upon termination of the contract, the Contractor shall return all identification badges to the Contracting Officer or designee.''

“National Worksite Breastfeeding Support for Hourly-Wage Employers: Innovative Strategies for Success”

SECTION 3 - Packaging and Marking

3.1 PACKAGING AND MARKING (NO PROVISIONS)

There are no provisions in this section.

“National Worksite Breastfeeding Support for Hourly-Wage Employers: Innovative Strategies for Success”

SECTION 4 - Inspection and Acceptance

4.1 INSPECTION AND ACCEPTANCE (COMMERCIAL)

Pursuant to 52.212-4, all work described in the SOW/PWS/SOO to be delivered under this contract is subject to final inspection and acceptance by an authorized representative of the Government. The authorized representative of the Government is the Government's COR, who is responsible for inspection and acceptance of all services, materials, or supplies to be provided by the Contractor.

“National Worksite Breastfeeding Support for Hourly-Wage Employers: Innovative Strategies for Success”

SECTION 5 - Deliveries or Performance

5.1 PERIOD OF PERFORMANCE

The period of performance shall be for a period of eight (8) months, as follows*:

September 27, 2013 through May 26, 2014

*NOTE: The POP dates specified in this solicitation are estimated and included in the solicitation only; the exact beginning and end dates for each POP will be adjusted, as necessary, and specified in the award document.

5.2 REPORT(S)/DELIVERABLES AND DELIVERY SCHEDULE

The contractor shall submit all required report(s)/deliverables described in Section 2 of this solicitation and in accordance with the following schedule: All reports shall reference and cite the contract/order number.

Deliverable Task # QTY Completion/Deliverable Date

Workplace Lactation Videos 2 29 December 31, 2013

Workplace Lactation Videos (in compliance with all OASH, OWH, & ASPA requests for modifications)

3 29 February 19, 2014

Website (as approved by ASPA) 4 1 March 21, 2014

5.3 DELIVERY REQUIREMENTS

Pickup and delivery of items under this task order shall be accomplished between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday unless changed by mutual agreement between the COR and the contractor. No deliveries shall be made on Saturdays, Sundays, and days of Government closure or Federal legal holidays found at:

http://www.opm.gov/operating_status_schedules.

“National Worksite Breastfeeding Support for Hourly-Wage Employers: Innovative Strategies for Success”

SECTION 6 - Contract Administration Data

6.1 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 that:

(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;

(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 Officers, Representative. If, in the opinion of the contractor, any direction of the Contracting Officers, 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."

6.2 INVOICE SUBMISSION - COMMERCIAL

“National Worksite Breastfeeding Support for Hourly-Wage Employers: Innovative Strategies for Success”

The Contractor shall submit invoices no more than 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): (TBD upon award)

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

4. Contract Specialist via Outlook mailbox: Ryan.Collins@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:

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

“National Worksite Breastfeeding Support for Hourly-Wage Employers: Innovative Strategies for Success”

EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer, System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer, Other Than System for Award Management), 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 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 - System for Award Management.

6.3 352.242-70 KEY PERSONNEL. (JAN 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.

“National Worksite Breastfeeding Support for Hourly-Wage Employers: Innovative Strategies for Success”

KEY PERSONNEL (NAME AND POSITION):

(TBD upon award)

(End of clause)

“National Worksite Breastfeeding Support for Hourly-Wage Employers: Innovative Strategies for Success”

SECTION 7 - Special Contract Requirements

7.1 352.239-73(B) ELECTRONIC AND INFORMATION TECHNOLOGY

ACCESSIBILITY (JANUARY 2010)

(a) Pursuant to Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), as amended by the Workforce Investment Act of 1998, all electronic and information technology (EIT) products and services developed, acquired, maintained, or used under this contract/order must comply with the "Electronic and Information Technology Accessibility Provisions" set forth by the Architectural and Transportation Barriers Compliance Board (also referred to as the "Access Board") in 36 CFR Part 1194. Information about Section 508 is available at http://www.section508.gov/. The complete text of Section 508 Final Provisions can be accessed at http://www.access-board.gov/sec508/standards.htm.

(b) The Section 508 accessibility standards applicable to this contract/order are identified in the Statement of Work/Specification/Performance Work Statement. The Contractor must provide a written Section 508 conformance certification due at the end of each contract/order exceeding $150,000 when the contract/order duration is one year or less. If it is determined by the Government that EIT products and services provided by the Contractor do not conform to the described accessibility standards in the Product Assessment Template, remediation of the products or services to the level of conformance specified in the Contractor's Product Assessment Template will be the responsibility of the Contractor at its own expense.

(c) In the event of a modification(s) to this contract/order, which adds new EIT products or services or revises the type of, or specifications for, products or services the Contractor is to provide, including EIT deliverables such as electronic documents and reports, the Contracting Officer may require that the contractor submit a completed HHS Section 508 Product Assessment Template to assist the Government in determining that the EIT products or services support Section 508 accessibility standards. Instructions for documenting accessibility via the HHS Section 508 Product Assessment Template may be found under Section 508 policy on the HHS Office on Disability website (http://www.hhs.gov/od/).

Prior to the Contracting Officer exercising an option for a subsequent performance period/additional quantity or adding funding for a subsequent performance period under this contract, as applicable, the Contractor must provide a Section 508 Annual Report to the Contracting Officer and Project Officer. Unless otherwise directed by the Contracting Officer in writing, the Contractor shall provide the cited report in accordance with the following schedule.

Instructions for completing the report are available in the Section 508 policy on the HHS Office on Disability website under the heading Vendor Information and Documents. The Contractor's failure to submit a timely and properly completed report may jeopardize the Contracting Officer's exercising an option or adding funding, as applicable.

Schedule for Contractor Submission of Section 508 Annual Report: (N/A: the period of performance is eight months and no optional tasks or periods are included in this requirement.)

7.2 PROHIBITION AGAINST PERSONAL SERVICES

“National Worksite Breastfeeding Support for Hourly-Wage Employers: Innovative Strategies for Success”

The Contractor shall not perform personal services under this contract. Contractor personnel are employees of the Contractor or its subcontractors and are under the administrative control and supervision of the Contractor. A Contractor supervisor must give all individual Contractor employee assignments and daily work direction. The Government will not supervise or direct Contractor employees in the performance of their assignments. If at any time the Contractor believes that any Government action or communication has been given that would create a personal service relationship between the Government and any Contractor employee, the contractor shall promptly notify the Contracting Officer of this communication or action. The Contractor shall not perform any inherently-governmental functions under this contract. No Contractor employee shall represent or give the appearance that he/she is a Government employee, agent or representative. No Contractor employee shall state orally or in writing at any time that he or she is acting on behalf of the Government. The Contractor is responsible for ensuring that all employees assigned to this contract understand and are committed to following these requirements.

7.3 CONTRACTOR PERFORMANCE EVALUATION(S)

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.gov.

7.4 RESTRICTIONS ON 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.

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.

The Contractor agrees not to release or disclose, verbally or in writing, information pertaining to the results or findings of work (including data collection, analyses, draft or final papers and reports) for the period of this contract without first notifying the COR in writing at least 21 days prior to the release or disclosure. At a minimum, the notification shall include: (1) who or what is generating the request for advance information; (2) when and how project results/information would be released; and (3) what information would be released.

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7.5 INFORMATION TECHNOLOGY SECURITY REQUIREMENTS

7.7.1 P-SA.5.1 – The contractor shall configure its computers that contain HHS data with the applicable Federal Desktop Core Configuration (FDCC) (http://nvd.nist.gov/fdcc/index.cfm ), and ensure that its computers have and maintain the latest operating system patch level and anti-virus software level.

7.7.2 P-SA.5.2 – The Contractor shall apply approved security configurations to IT systems that are used to process information on behalf of HHS.

7.7.3 P-SA.5.3 – The Contractor shall ensure IT applications operated on behalf of HHS are fully functional and operate correctly on systems configured in accordance with the above configuration requirements. The Contractor shall use Security Content Automation Protocol (SCAP)-validated tools with FDCC Scanner capability to ensure its products operate correctly with FDCC configurations and do not alter FDCC settings. The Contractor shall test applicable product versions with all relevant and current updates and patches installed. The Contractor shall ensure currently supported versions of IT products meet the latest FDCC major version and subsequent major versions. Such approved security configurations shall be identified jointly by the OPDIV/STAFFDIV Contracting Officer’s Technical Representative (COTR) and Chief Information Security Officer (CISO). Approved security configurations include, but are not limited to, those published by the Department, by the OPDIV/STAFFDIV, and by NIST at http://checklists.nist.gov. OPDIVs/STAFFDIVs may implement security configurations that are more stringent than the minimum baseline set by the Department or NIST. When incorporating such security configuration requirements in acquisitions and contracts, the OPDIV CISO shall be consulted to determine the appropriate configuration reference for a particular system or services acquisition.

7.7.4 P-SA.5.4 – The Contractor shall ensure applications operated on behalf of the Department or OPDIV/STAFFDIV are fully functional and operate correctly on systems configured in accordance with the above configuration requirements.

7.7.5 P-SA.5.5 – The Contractor shall ensure IT applications designed for end users run in the standard user context without requiring elevated administrative privileges.

7.7.6 P-SA.5.6 – The Contractor shall ensure hardware and software installation, operation, maintenance, update, and patching will not alter the configuration settings or requirements specified above.

7.7.7 P-SA.5.7 – The Contractor shall (1) include FIPS 201-1-compliant Homeland Security Presidential Directive 12 (HSPD-12) card readers with the purchase of servers, desktops, and laptops;

and (2) comply with FAR Subpart 4.13, Personal Identity Verification and HHSAR clause 352.239-70(f) ―Standard for Security Configurations.

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SECTION 8 - Contract Clauses

8.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE. (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/

Clause Title Date 52.212-4 Contract Terms and Conditions—Commercial Items JUL 2013

8.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS - COMMERCIAL ITEMS.

(JAN 2013)

(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: Contracting Officer check as appropriate.

[ X ](1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEP 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 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

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

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[ ](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).

[ ](7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

(FEB 2012) (41 U.S.C. 2313).

[ X ](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).

[ ](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 (JUN 2003) (15 U.S.C. 644).

[ ](ii) Alternate I (OCT 1995) of 52.219-7.

[ ] (iii) Alternate II (MAR 2004) of 52.219-7.

[ X ](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.

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[ ](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 (JUN 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. 657f).

[ ](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 (JUN 2003) (E.O. 11755).

[ ](27) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (MAR 2012) (E.O.

13126).

[ X ](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).

“National Worksite Breastfeeding Support for Hourly-Wage Employers: Innovative Strategies for Success”

[ 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 (JUL 2012). (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 (NOV 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, 112-42, and 112-43).

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