14-233-SOL-00691-final.pdf
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- Low Income Home Energy Assistance Program (LIHEAP) Grantee Training and Technical Assistance Federal contract opportunity
- Solicitation number
- 14-233-SOL-00691
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| File | Type | Posted |
|---|---|---|
| 14-233-SOL-00691-amendment1.pdf | ||
| Questions_and_Responses.pdf | ||
| ATTACHMENT_B_-_SECTION_508_EVALUATION_TEMPLATE.docx | DOCX document | |
| Attachment_D_-_52-212-3_-_Offer_Reps__Certs.pdf | ||
| Attachment_C_-_Past_Performance_Questionnaire.docx | DOCX document | |
| Attachment_A_-_Wage_Determination.txt | TXT text file |
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Solicitation No. 14-233-SOL-00691 Low Income Home Energy Assistance (LIHEAP) Grantee Training and Technical Assistance
A – SOLICITATION
This is a combined synopsis/solicitation for commercial services prepared in accordance with the Federal Acquisition Regulation (FAR format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This solicitation is being issued in conjunction with FAR Part 13 Simplified Acquisition Procedures as applicable. The solicitation number is 14-233-SOL-00691. This announcement is issued as a Request for Quote
(RFQ).
The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-76, 25 Aug 2014.
The associated North American Industry Classification System (NAICS) Code is – 541611 – Administrative Management and General Management Consulting Services. Small Business Size Standard is $15.0 in millions of dollars.
This announcement serves to notify contractors that the government contemplates awarding a Firm Fixed Price contract resulting from this solicitation for the services defined herein.
Prospective Quoters are responsible for downloading the solicitation and any amendments. It is the Quoter's responsibility to monitor the FedBizOpps website for the release of any amendments to this solicitation.
B - SUPPLIES OR SERVICES/PRICES
B.1 BRIEF DESCRIPTION OF SERVICES
Administrative support and assistance to (a) provide content development for training materials to be presented at one national conference in the base period, with one option year to provide similar content development support for a series of regional grantee training (b) develop training webinars for LIHEAP grantees; (c) provide on-site training and technical assistance to LIHEAP grantees; and (d) facilitate a peer-to-peer mentorship network among LIHEAP grantees.
B.2 TYPE OF CONTRACT
The contract type awarded is a Firm Fixed Price.
B.3 SEVERABLE SERVICES
The services acquired under this contract are severable services. Funds are only available for use for the line item to which they are obligated. Unused funds from one period (line item) may not rollover for use in other periods.
B.4 CONSIDERATION AND PAYMENT (FFP)
Except as otherwise specified in the contract, the Contractor shall furnish the necessary personnel, materials, services, and otherwise do all things necessary for or incidental to the performance of the work set forth herein.
In consideration of satisfactory performance of the work described in the Statement of Work (SOW), the Contractor shall be compensated on a Firm Fixed Price (FFP) basis.
Base Period: September 29, 2014 – September 28, 2015 Line Item Dollars
Fixed Price $
Option Period 1: September 29, 2015 – September 28, 2106 Line Item Dollars
Fixed Price $
C - DESCRIPTION/SPECIFICATIONS
C.1 STATEMENT OF WORK
The Contractor shall be responsible for providing qualified staff to develop training modules and training workshops for LIHEAP grantees. It is envisioned that the contractor will provide a team of qualified personnel to work with OCS federal staff in developing the specific curriculum and format for the various trainings.
TASK 1
Kick-Off Meeting (BASE YEAR ONLY) During the Base Year, the Contractor shall participate in a project kick-off meeting to be convened by OCS within ten (10) business days of contract award. Participants shall include staff and relevant representatives of the Contractor organization. The meeting shall be a forum for commencing communication between OCS and the Contractor, introducing key personnel, and establishing communication and project ground rules. At such meeting, the Contractor and OCS shall discuss how personnel will be supervised and monitored to assure efficient, accurate and effective work.
No later than three (3) business days prior to the Kick-Off Meeting, the Contractor shall submit a briefing memo to the Contracting Officer ‘s Representative (COR) that provides suggested agenda items, discussion topics, issues to be covered during the meeting and copies of all exhibits and other materials it will present at the meeting.
Following the meeting, the Contractor shall develop a memorandum that documents and reviews major issues discussed at the meeting, all decisions made, any open or pending issues, and all other relevant information. The memorandum shall be submitted to the COR for review and approval no later than ten (10) business days after the meeting date. The Contractor shall also submit a final Implementation Plan for accomplishment of all tasks and deliverables in Year One of the Contract. The Implementation Plan will be the basis for monthly progress reports.
Discussion with Project Director (OPTION PERIOD ONE) If HHS elects to exercise Option Period One, the Contractor’s Project Director and the COR shall discuss the lessons learned and other issues from the previous year and recommend changes where appropriate.
TASK 2
Develop content for LIHEAP National Conference. The Contractor shall--
1. Provide memorandum outlining suggested agenda topics for national conference.
2. Based on finalized agenda, provide memorandum of suggested speakers for each proposed session.
3. Develop content for presentations to be given by Federal staff at the national conference.
4. Develop content for background and supplemental materials and/or handouts to be provided to attendees of national conference.
TASK 3
Convene and provide logistical support for six (6) webinars for LIHEAP grantees. The Contractor shall--
1. Provide memorandum with suggested topics for webinars and potential speakers.
2. Set-up logistics required to host webinars for up to 200 participants each.
3. Prepare necessary presentation materials and coordinate with selected speakers to compile all presentations.
4. Conduct one joint rehearsal session for each webinar that includes all speakers and moderators.
5. Record each webinar and provide final edited recording with sub-titling for posting on OCS website.
TASK 4
Provide on-site training and technical assistance for up to ten (10) selected grantees. The Contractor shall—
1. Provide one-on-one on-site training and technical assistance for state or tribal LIHEAP grantees, to be selected by OCS. These on-site trainings shall be no longer than two
(2) days each and will focus on grantees that:
a. are working to address issues identified during a LIHEAP compliance reviews;
b. have a history of past problems;
c. have been required to develop corrective action plans as a result of audit findings;
or
d. request on-site assistance directly from OCS.
2. Ensure on-site training and technical assistance for tribal grantees is provided by personnel who have a high level of cultural competency in providing assistance to
American Indian and Alaskan Native communities. At least two of the site visits, but no more than four, will be targeted at tribal LIHEAP grantees.
3. Within ten (10) business days of the conclusion of each on-site visit, provide to OCS a report summarizing the issues addressed and technical assistance provided.
TASK 5
Provide infrastructure and support for a LIHEAP peer-to-peer mentorship program. The
1. Recruit participants (mentors and mentees).
2. Develop matching criteria to match mentees with appropriate mentors.
3. Develop mentorship framework for mentors and mentees to follow that explains purpose of mentorship program and desired outcomes.
4. Provide training to mentors that lays out the goals and objectives of the mentorship program and sets expectations and rules of engagement for the mentor/mentee relationship.
5. Provide quarterly report to COR summarizing number of mentor/mentee contacts and general topics discussed.
Option Period One
Task 1:
The Contractor shall provide additional training and technical assistance as directed by the LIHEAP COR. This work may include making revisions and upgrades to training material created in the Base Year as well as additional training sessions and on-site technical assistance.
TASK 2
Develop content for LIHEAP Regional Grantee Training Conferences. The Contractor shall--
1. Provide memorandum outlining suggested agenda topics for regional grantee training conference.
2. Based on finalized agenda, provide memorandum of suggested speakers for each proposed session.
3. Develop content for presentations to be given by Federal staff at the regional grantee training conference.
4. Develop content for background and supplemental materials and/or handouts to be provided to attendees of regional grantee training conference.
TASK 3
Convene and provide logistical support for six (6) webinars for LIHEAP grantees. The
1. Provide memorandum with suggested topics for webinars and potential speakers.
2. Set-up logistics required to host webinars for up to 200 participants each.
3. Prepare necessary presentation materials and coordinate with selected speakers to compile all presentations.
4. Conduct one joint rehearsal session for each webinar that includes all speakers and moderators.
5. Record each webinar and provide final edited recording with sub-titling for posting on OCS website.
TASK 4
Provide on-site training and technical assistance for up to ten (10) selected grantees. The Contractor shall—
1. Provide one-on-one on-site training and technical assistance for state or tribal LIHEAP grantees, to be selected by OCS. These on-site trainings shall be no longer than two
(2) days each and will focus on grantees that:
a. are working to address issues identified during a LIHEAP compliance reviews;
b. have a history of past problems;
c. have been required to develop corrective action plans as a result of audit findings;
or
d. request on-site assistance directly from OCS.
2. Budget for ten (10) two-day site visits by one (1) advisor.
3. Ensure on-site training and technical assistance for tribal grantees is provided by personnel who have a high level of cultural competency in providing assistance to American Indian and Alaskan Native communities.
4. Within ten (10) business days of the conclusion of each on-site visit, provide to OCS a report summarizing the issues addressed and technical assistance provided.
TASK 5
Continue to provide coordination and support the LIHEAP peer-to-peer mentorship program.
The Contractor shall--
1. Recruit participants (mentors and mentees) and appropriately matching mentors to mentees.
2. Provide training to any new mentors that lays out the goals and objectives of the mentorship program and sets expectations and rules of engagement for the mentor/mentee relationship.
3. Provide quarterly report to COR summarizing number of mentor/mentee contacts and general topics discussed.
C.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.
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/guidelines-and-standards/communications-and-it/about-the-section-508-standards/section-508-standards.)
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:
• Section 11.94.21, Software applications and operating environment
• Section 11.94.22, Web-based intranet and internet information and applications
• Section 11.94-41, Information, documentation, and support
D - PACKAGING AND MARKING
D.1 PACKAGING AND MARKING
All information and deliverables shall be delivered to the address shown in Section F.2 entitled - Place of Delivery - and shall be marked as follows:
1. Name and address of the Contractor;
2. Contract Number; TBD at the time of award
3. Description of item contained therein; and
4. Consignee's name and address.
E – INSPECTION AND ACCEPTANCE
E.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.
F – DELIVERIES OR PERFORMANCE
F.1 PERIOD OF PERFORMANCE
The period of performance shall be for a base period of 12 months with one 12-month option period, as follows:
Base Period: September 29, 2014 through September 28, 2015 Option Period One: September 29, 2015 through September 28, 2015
Option periods may be exercised in accordance with FAR Clause 52.217-9 entitled "Option to Extend the Term of the Contract."
F.2 REPORT(S)/DELIVERABLES AND DELIVERY SCHEDULE
The contractor shall submit all required report(s)/deliverables in accordance with the following schedule: All reports shall reference and cite the contract/order number.
The following schedule of milestones will be used by the Contracting Officer (CO) and Contracting Officer’s Representative (COR) to monitor timely progress under each contract.
Base Year
Task Deliverable Due Date
Task 1 Summary of the Kick-Off meeting with detailed Implementation Plan for completing all tasks.
Completed within fifteen (15) business days after the contract award
Task 2 Monthly Progress Reports including costs.
Within ten (10) calendar days after the end of each month
Task 3 Submit a memorandum recommending agenda topics for the national conference.
Completed within sixty (60) calendar days of the signing of the contract.
Task 4 After COR approval of the Implementation Plan, incorporate into Monthly Progress Reports a comparison of actual and planned adherence to milestones set out in the
Date to be Determined time table.
Task 5 Submit a memorandum recommending agenda topics for the national conference.
Complete within sixty (60) calendar days of the contract award.
Task 6 Submit a memorandum recommending speakers and moderators.
Complete within twenty (20) business days of the opening of conference registration.
Task 7 Submit a detailed work plan outlining timelines for development of content for conference presentation and background materials, including timeframes for developing outlines, drafts, rehearsals with speakers and moderators, and final products.
Date to be Determined
Task 8 Submit a detailed plan for developing each webinar (Base Year - Task 3), including a timetable for accomplishing the following milestones for each content:
1) Outline of webinar content;
2) Final list of speakers/moderators;
3) Draft presentation materials; and
4) Webinar rehearsal with all speakers/moderators.
Task 9 Submit a report for each of the grantees selected for on-site training and technical assistance.
Within ten (10) business days of the visit including activities completed and results accomplished
Task 10 Submit a plan for developing infrastructure and support for LIHEAP peer-to-peer mentorship for new LIHEAP Coordinators and Directors that includes proposed mentorship framework and criteria for mentor/mentee matching.
Task 11 Submit any proposed training materials for mentors (Base Year - Task 5).
Date to be Determined
Task 12 Submit four (4) quarterly reports on the peer-to-peer mentorship program (Base Year - Task 4), summarizing number of mentor/mentee contacts made and general issues discussed.
Due January 15, 2015, April 15, 2015, July 15, 2015, and September 25, 2015
Option Period One (1)
Task Deliverable Due Date
Task 1 Submit a detailed Implementation Plan for completing all tasks in the Option Year
Within fifteen (15) business days after the beginning of the Option Period
Task 2 For each webinar and on-site technical assistance, submit a report of activities and results
Within ten (10) business days of the completion of the webinar or on-site technical assistance
Task 3 Submit a memorandum recommending agenda topics for the regional workshops
Completed within sixty (60) calendar days of the start the date of Option Period One.
Task 4 Submit a memorandum recommending speakers and moderators.
Within twenty (20) business days of the opening of registration for the regional grantee training workshops
Task 5 Submit a detailed work plan outlining timelines for development of content for regional workshop presentation and background materials, including timeframes for developing outlines, drafts, rehearsals with speakers and moderators, and final products.
Date to be determined
Task 6 Submit to the COR a detailed Plan for developing each webinar (Option Period - Task 3), including a timetable for accomplishing the following milestones for each content:
1) Outline of webinar content;
2) Final list of speakers/moderators;
3) Draft presentation materials; and
4) Webinar rehearsal with all speakers/moderators.
Task 7 Submit a report for each of the grantees selected for on-site training and technical assistance, including activities completed and results accomplished.
Within ten (10) business days of the visit
Task 8 Submit any proposed training materials for mentors (Option Period - Task 5).
Task 9 Shall provide four (4) quarterly reports on the peer-to-peer mentorship program (Option Period - Task 4), summarizing number of mentor/mentee contacts made and general issues discussed.
Due January 15, 2016, April 15, 2016, July 15, 2016, and September 24, 2016
F.3 DELIVERY REQUIREMENTS
Pickup and delivery of items under this contract/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.
G - CONTRACT ADMINISTRATION DATA
G.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."
G.2 INVOICE SUBMISSION - COMMERCIAL
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): TBD at contract 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:
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, 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 Dun & 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.
G.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.
The following labor categories are considered key personnel:
Name Title TBD at time of award
H – SPECIAL CONTRACT REQUIREMENTS
H.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/guidelines-and-standards/communications-and-it/about-the-section-508-standards/section-508-standards.
(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
(Sixty (60) days prior to end of each contract year)
H.2 PROHIBITION AGAINST PERSONAL SERVICES
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.
H.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.
H.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 http://www.cpars.gov/ 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.
H.5 DEPARTMENT OF LABOR
1.) The Department of Labor Wage Determination listed below is incorporated into the contract effective at the date of award.
Wage Determination No.: 2005-2103, Revision No.: 13, 06/19/2013 (See Attachment A)
The Contractor is put on notice that after performance begins, the Contractor is responsible for paying employees at least the applicable wage determination rate, if one exists, for the place of performance. The Department of Labor
H.6 PUBLICATIONS/AUDIOVISUAL/PUBLIC AFFAIRS SERVICES
The Department of Health and Human Services requires that prior approval be obtained, in writing. From the Office of the Assistant Secretary of Public Affairs (OASPA), before initiating the production of any item or deliverables that will involve:
a. Publications development (print products, electronic bulletin boards, posting on the internet, etc.
b. Public affairs services in excess of $5000
c. Audiovisuals (regardless of the audio, video, or audiovisual medium employed)
The contractor shall submit a request for approval to the COR for any items or deliverables that need public affairs clearance prior to development. Please allow 4-6 weeks for approval.
Further guidance can be found in the Public Affairs Management Manual (PAMM). The PAMM sets forth the policies governing publications, audiovisuals and exhibits, and public affairs services. Publications are defined in 5-00-15 of the Public Affairs Management Manual (PAMM). Public affairs services are defined in 8-00-20 of the PAMM.
A copy of the PAMM can be downloaded from the following website:
http://www.hhs.gov/hhsmanuals/public_affairs.pdf
H.7 PRINTING AND DUPLICATION/COPYING
The terms "printing" and "duplicating/copying" are defined in the Government Printing and Binding Regulations of the Joint Committee on Printing, CFR Title 44. The regulations can be access at http://www.gpo.gov/pdfs/customers/sfas/jcpregs.pdf.
http://www.hhs.gov/hhsmanuals/public_affairs.pdf
Printing:
No printing by the 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 Contracting Officer's Representative (COR).
Duplicating/Copying:
If necessary for performance of the contract, 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. The pages may not exceed a maximum image size of 10-3/4 by 14-1/4 inches. This page limit is per requirement and not per contract.
All printing, as well as duplicating/copying in excess of the stated limits, shall be obtained by the COR through the Publishing Services, Program Support Center. The cost of any unauthorized printing or duplicating /copying under this contract will be considered an unallowable cost for which the Contractor will not be reimbursed.
I – CONTRACT CLAUSES
I.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE. (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
http://www.acquisition.gov/far/ http://www.hhs.gov/policies/hhsar
a. FEDERAL ACQUISITION REGULATION (FAR) (48 CFR CHAPTER 1)
CONTRACT CLAUSES
FAR Clause No. Title and Date
1. 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JUL 2013)
2. 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR (JAN 2011)
3. 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS
(FEB 2012)
4. 52.227-14 RIGHTS IN DATA – GENERAL (DEC 2007)
5. 52.242-15 STOP WORK ORDER (AUG 1989)
6. 52.242-17 GOVERNMENT DELAY OF WORK. (APR 1984)
b. DEPARTMENT OF HEALTH AND HUMAN SERVICES ACQUISITION
REGULATION (HHSAR) (48 CFR CHAPTER 3) CONTRACT CLAUSES
HHSAR Clause No. Title and Date
1. 352.202-1 DEFINITIONS (JAN 2006)
2. 352.222-70 CONTRACTOR COOPERATION IN EQUAL EMPLOYMENT
OPPORTUNITY INVESTIGATIONS (JAN 2010)
3. 352.231.71 PRICING OF ADJUSTMENTS (JAN 2001)
4. 352.239-70 STANDARD FOR SECURITY CONFIGURATIONS (JAN 2010)
5. 352.239-71 STANDARD FOR ENCRYPTION LANGUAGE (JAN 2010)
6. 352.239-72 SECURITY REQUIREMENTS FOR FEDERAL INFORMATION
TECHNOLOGY RESOURCES (JAN 2010)
7. 352.242-71 TOBACCO-FREE FACILITIES (JAN 2006)
I.2 HHSAR 352.203-70 ANTI-LOBBYING (MAR 2012)
Pursuant to the current HHS annual appropriations act, Public Law 112-74, except for normal and recognized executive-legislative relationships, the Contractor shall not use any HHS contract funds for:
(a) Publicity or propaganda purposes;
http://www.acquisition.gov/far/ http://www.hhs.gov/policies/hhsar
(b) The preparation, distribution, or use of any kit, pamphlet, booklet, publication, electronic communication, radio, television or video presentation designed to support or defeat the enactment of legislation before the Congress or any State or local legislature or legislative body, except in presentation to the Congress or any State or local legislature itself; or designed to support of defeat any proposed or pending regulation, administrative action, or order issued by the executive branch of any State or local government, except in presentation to the executive branch of any State or local government itself; or
(c) Payment of salary or expenses of the Contractor, or any agent acting for the Contractor, related to any activity designed to influence the enactment of legislation, appropriations regulation, administrative action, or Executive order proposed or pending before the Congress or any State government, State legislature or local legislature or legislative body, other than for normal and recognized executive-legislative relationships or participation by an agency or officer of a State, local or tribal government is policymaking and administrative processes within the executive branch of that government.
The prohibitions in subsections (a), (b), and (c) above shall include any activity to advocate or promote any proposed, pending, or future Federal, State or local tax increase, or any proposed, pending, or future requirement for, or restriction on, any legal consumer product, including its sale or marketing, including, but not limited to, the advocacy or promotion of gun control.
I.3 FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO
IMPLEMENT STATUTES OR EXECUTIVE ORDERS –
COMMERICAL ITEMS (JUL 2014)
(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) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).
(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 (Sept 2006), with
Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
__X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C.
3509).
___ (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 (Jul
2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).
___ (5) [Reserved]
___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).
___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts
(Jan 2014) (Pub. L. 111-117, section 743 of Div. C).
___ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors
Debarred, Suspended, or Proposed for Debarment (Aug 2013) (31 U.S.C. 6101 note).
_X__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters
(Jul 2013) (41 U.S.C. 2313).
_X__ (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May
2012) (section 738 of Division C of Public Law 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).
___ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C.
657a).
___ (12) 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).
___ (13) [Reserved]
___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).
___ (ii) Alternate I (Nov 2011).
___ (iii) Alternate II (Nov 2011).
___ (15) (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.
_X__ (16) 52.219-8, Utilization of Small Business Concerns (May 2014) (15 U.S.C. 637(d)(2) and (3)).
___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jul 2013) (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 (July 2010) of 52.219-9.
___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).
_X__ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).
___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.
637(d)(4)(F)(i)).
___ (21) (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.
___ (22) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged
Status and Reporting (Jul 2013) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).
___ (23) 52.219-26, Small Disadvantaged Business Participation Program—Incentive
Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).
___ (24) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov
2011) (15 U.S.C. 657f).
__X_ (25) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15
U.S.C. 632(a)(2)).
___ (26) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).
_X__ (27) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB)
Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).
_X__ (28) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
___ (29) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O.
13126).
__X_ (30) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).
__X_ (31) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).
__X_ (32) 52.222-35, Equal Opportunity for Veteran (Jul 2014) (38 U.S.C. 4212).
__X_ (33) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.
793).
__X_ (34) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).
___ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act
(Dec 2010) (E.O. 13496).
__X_ (36) 52.222-54, Employment Eligibility Verification (Aug 2013). (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.)
___ (37) (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.)
___ (38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014)
(E.O.s 13423 and 13514
___ (ii) Alternate I (Jun 2014) of 52.223-13.
___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).
___ (ii) Alternate I (Jun 2014) of 52.223-14.
___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C.
8259b).
___ (41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Jun
2014) (E.O.s 13423 and 13514).
___ (ii) Alternate I (Jun 2014) of 52.223-16.
_X__ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving
(Aug 2011).
___ (43) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).
___ (44) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (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).
___ (ii) Alternate I (May 2014) of 52.225-3.
___ (iii) Alternate II (May 2014) of 52.225-3.
___ (iv) Alternate III (May 2014) of 52.225-3.
___ (45) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
__X_ (46) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
___ (47) 52.225-26, Contractors Performing Private Security Functions Outside the United
States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2303 Note).
___ (48) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.
5150).
___ (49) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov
2007) (42 U.S.C. 5150).
___ (50) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41
U.S.C. 4505), 10 U.S.C. 2307(f)).
___ (51) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
__X_ (52) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management
(Jul 2013) (31 U.S.C. 3332).
___ (53) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award
Management (Jul 2013) (31 U.S.C. 3332).
___ (54) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
__X_ (55) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
___ (56) (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.
(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:
[Contracting Officer check as appropriate.]
__X_ (1) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).
__X_ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
_X__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price
Adjustment (Multiple Year and Option…
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