DIR_RFP.docx

DEPARTMENT OF HEALTH AND HUMAN SERVICES Health Resources and Services Administration

Office of Acquisition Management and Policy Room 13A-43, Parklawn Building 5600 Fishers Lane . Rockville, MD 20857-5600 March 24, 2014

You are invited to submit a proposal in accordance with the requirements of FAR Part 15 and 16 and the requirements of this Solicitation # 14-250-SOL-00028. This requirement is to provide administrative, technical and logistical support services for the objective review process for the Health Resources and Services Administration (HRSA), Office of Federal Assistance Management (OFAM), Division of Independent Review (DIR). The Government will make award of an IDIQ type contract which allows for Firm Fixed Price or Cost Plus Fixed Fee Task Orders or Cost Plus Award Fee. The NAICS code for this requirement is 561920. The Period of Performance is a base year of twelve (12) months plus four (4) twelve (12) month option periods. This is a 100% Small Business set aside acquisition.

Questions or issues for which you require clarification or correction by the Government must be furnished electronically to sshaffner@hrsa.gov. In order to allow a reply to be provided to all prospective Offerors before submission of their technical proposal, your questions must be received no later than 3pm Eastern Standard Time (EST) on March 31, 2014. Questions received after the due date and time will not be considered. No Exceptions.

Your proposal shall be received by the Contracting Officer (CO) as soon as possible, but no later than April, 22, 2014 at 10:00am Eastern Standard Time (E.S.T) (no deliveries before 8:30am) at the following address:

Department of Health and Human Services Health Resources and Services Administration Office of Acquisition Management and Policy Parklawn Building 5600 Fishers Lane, Room 13A-43 Rockville, Maryland 20857 301-443-3375 or 301-443-8861 Attn: Sandy Shaffner

RFP #:14-250-SOL-00028

Your RFP shall be prepared in accordance with Sections L and M and the "Statement of Work". This RFP does not commit the Government to pay any costs for the preparation and submission of a proposal nor does it commit the Government to make an award.

It is also brought to your attention that the CO is the only individual who can legally commit the Government to expenditure of public funds in connection with this proposed acquisition.

Your proposal must provide a contact name and number, your company name and complete address, including street, city, county, state, zip code, e-mail address, Tax Identification Number (TIN), and Dun & Bradstreet Number (DUNS). The TIN must match the name of the vendor to whom the payments will be made. Please note that FAR 52.204-6 Contractor Identification Number Data Universal System (DUNS Number). The Contractor must be registered in the SAM database at www.sam.gov. "Registered in the SAM database" means that (1) the Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the SAM database; and (2) The Government has validated all mandatory data fields and has marked the record "Active".

By submission of an offer, the Offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation. If not registered in the SAM database within the time prescribed by the CO, the CO will proceed to award to the next otherwise successful registered Offeror System for Award Management (SAM) requires any prospective awardee to have a DUNS number and be registered in the SAM database prior to award, during performance, and through final payment of any award resulting from this solicitation.

If you do not have a DUNS number, please contact Dun and Bradstreet by calling Dun and Bradstreet at 1-866-705-5711 or via the Internet at http://www.dnb.com. If you are not registered in the SAM you may obtain information on registration and annual confirmation requirements via the internet at http://www.sam.gov or by calling 1-207-438-1690.

Requests for additional information concerning this RFP should be referred to Sandy Shaffner at sshaffner@hrsa.gov.

Sincerely yours, Sandy Shaffner

NOTICE: ACCESS TO PARKLAWN BUILDING

The Parklawn Building is a controlled access building; therefore you should allow ample time for visitor access. It is your responsibility to ensure that proposals are delivered by the due date and time, and specific place (Room 13A-43) required in the solicitation. Please be advised that late proposals will not be excused due to increased security measures. Offerors delivering boxes of proposals must use the delivery entrance located on the loading dock, which is accessible from Parklawn Drive. All packages will be x-rayed by a security guard. Visitors will be required to provide photo identification and provide a name and telephone number of the individual being visited, (in this case, Brittany Harris 301-443-8861 or Brett Badin 301-443-2181). Boxes of proposals should not be left on the loading dock.

Table of Contents

SECTION DESCRIPTION PAGE

A Standard Form 33 4

B Supplies or Services and Prices/Costs 5

C Description/Specifications/ Statement of Work 9

D Packing and Marking 10

E Inspection and Acceptance 11

F Deliveries or Performance 13

G Contract Administration Data 16

H Special Contract Requirements 21

I Contract Clauses 26

J List of Attachments 29

K Representations, Certifications and Other 31 Statements of Offerors or Respondents

L Instructions, Conditions and Notices to Offerors 34

M Evaluation Factors for Award 45

SECTION A – STANDARD FORM (SF) 33

See Attachment SF33

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1. PURPOSE OF CONTRACT

The purpose of this Indefinite Delivery Indefinite Quantity (IDIQ) requirement is to provide administrative, technical and logistical support services for the objective review process for Health Resources and Services Administration (HRSA), Office of Federal Assistance Management (OFAM), Division of Independent Review (DIR)

B.2. COMPENSATION

1. Services will be acquired on an as-needed basis through the issuance of Task Orders (TO). A minimum of one (1) Task Order award will be guaranteed during the term of the

2. The rates specified below are ceiling rates for the life of the contract and shall not be exceeded for any reason. For Task Orders whose period of performance extends beyond the base contract period of five years, the Contractor shall use the same escalation rate used to escalate rates for years two through five.

Maximum Unloaded Hourly Rates by Labor Classification:

Senior Managers

Project Managers

Project Assistants

Summary Statement Operators

Administrative Assistants

2. In accordance with the requirements stated in each Task Order, and in consideration of the satisfactory performance of the work described under Attachment A, Statement of Work, the contractor shall be reimbursed on a cost-reimbursement basis, a firm-fixed-price basis, or a combination of both. Task Orders will be issued on a performance-based-service basis. Each Task Order awarded under the contract shall include one or more of the labor categories in Section B.2.1., and the contractor shall be reimbursed for costs incurred for labor based on the unloaded hourly rates proposed in their contract cost proposal.

3. The Government shall not be obligated to reimburse the Contractor for any cost incurred in excess of each Task Order amount, and the Contractor shall not be obligated to continue performance under the Task Order, or otherwise incur any cost in excess of the Task Order amount, unless and until the Contractor has received written notification from the Contracting Officer which modifies the Task Order amount. No notice, communication or representation in any other form or from any person other than the Contracting Officer shall affect the amount of the Task Orders.

4. The Contracting Officer may allot additional funds to each Task Order without the concurrence of the Contractor.

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

If a cost-reimbursement type Task Order is issued, the following provisions apply:

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

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

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

3. Consultant fees or other payments to consultants required in the performance of this contract, provided that such fees or payments must not exceed the daily rate of $350 per day for Face-to-Face and Teleconference Reviewers, $140 per application for Field Reviewers exclusive of travel costs without the written approval of the Contracting Officer;

4. Travel and subsistence expenses exclusively in direct performance of this contract. The Contractor shall be reimbursed for transportation costs and travel allowance in accordance with the established policy of the Contractor, but subject to the following limitations:

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

b. The Contractor shall be reimbursed for the cost of travel performed by its personnel in a privately owned automobile at the prevailing Government rate (as set by Federal Travel Regulations – see www.gsa.gov) not to exceed the cost by the most direct economy air route between the points so traveled. If more than one person travels in such automobile, no additional charge shall be made by the Contractor for such travel between such points.

c. HRSA WILL NOT REIMBURSE TRAVELERS FOR UNAUTHORIZED OR EXCESS EXPENSES. HRSA reserves the right to establish a per meeting, flat reimbursement fee for ground transportation and incidentals for traveling review participants.

B.5 Prior Authorization of Certain Direct Costs

Subcontracts and Purchase Orders:

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

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

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

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

c. Travel for general scientific meetings; and

d. Rearrangement, alternation or relocation of facilities.

B.6 Indirect Costs:

1. The allowable indirect costs under this contract shall be established in accordance with the General Provisions of this contract and FAR Clause 52.216-7, Allowable Cost and Payment (APR 1998).

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

3. The Fixed Ceiling Contract rates should be used for the life of the contract. In the event the final indirect cost rates shall exceed the fixed ceiling rates and the provisional rate, then the lower rates as established by the cognizant auditing official shall apply.

Type

Provisional rate Fixed Ceiling Contract Rate

Base

Overhead

Fringe

G&A

4. Notwithstanding the foregoing, the Contractor shall comply with the requirements of clause FAR 52.232.20 “Limitation of Cost.”

B.7 Fees

Fixed fee/Profit and Award incentive fees shall be negotiated per individual Task Order.

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 Statement of Work

Independently and not as an agent of the Government, the Contractor shall furnish all personnel, material, facilities, services, and equipment as needed to perform the Statement of Work set forth in Section J (Attachment A) attached hereto and made part of this document.

C.2 Incorporation of Contractor’s Proposal

It is understood and agreed that the Contractor shall, in meeting the requirements of this contract, perform the work in accordance with the Contractor’s proposal to the Health Resources and Services Administration originally dated ______________ and revised ___________, provided however, that to the extent that any clauses of the articles of this contract are in conflict or inconsistent with any clauses of said proposal, the provisions of the articles of this contract shall control and shall supersede the provisions of said proposal; therefore, the contractor’s proposal is hereby incorporated into the resultant contract.

SECTION D – PACKAGING AND MARKING

PAGE LEFT BLANK INTENTIONALLY

SECTION E – INSPECTION AND ACCEPTANCE

E.1 Inspection and Acceptance

The Contracting Officer’s Representative (COR), as a duly authorized representative of the Contracting Officer (CO), shall assume the responsibilities for monitoring the Contractor’s performance, evaluating the quality of services provided by the Contractor and performing final inspection and acceptance of all deliverables.

E.2 52.246-4 INSPECTION OF SERVICES—FIXED-PRICE (AUG 1996)

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

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

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

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

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

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

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

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

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

(2) Terminate the contract for default.

52.246-5 Inspection of Services—Cost-Reimbursement (Apr 1984)

(a) Definition. “Services,” as used in this clause, includes services performed, workmanship, and material furnished or used in performing services.

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

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

(d) If any of the services performed do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, for no additional fee. When the defects in services cannot be corrected by reperformance, the Government may—

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

(2) Reduce any fee payable under the contract to reflect the reduced value of the services performed.

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

(1) By contract or otherwise, perform the services and reduce any fee payable by an amount that is equitable under the circumstances; or

(2) Terminate the contract for default.

(End of clause)

SECTION F – DELIVERIES OR PERFORMANCE

F.1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

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

F.2 FAR 52.242-15 Stop-Work Order (AUG 1989)—Alternate I (APR 1984)

F.3 Observance of Federal Holidays

Official Holidays

For work to be performed at Government site(s):

1. No services or deliveries shall be performed, nor shall HRSA reimburse a contractor for work performed on Saturdays, Sundays, Federal legal holidays, holidays set forth by Presidential Executive Order and any other Government closures, including for inclement weather, unless otherwise provided for in the terms of the contract. The contractor may not bill for hours not worked.

2. When the Government site is closed, there may be a rare emergency situation or a necessity for critical work to continue where the Contracting Officer or the Head of Contracting Activity may authorize work at the fixed hourly rate set forth in the contract.

F.4 Period of Performance

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

F.5 Articles or Services to be Furnished

1. All deliverables are subject to approval by the COR.

2. The COR will respond within five working days after receipt of any deliverable(s) indicating approval or disapproval of the deliverable(s).

3. All reports and documents shall have at a minimum in the document header the FOA, TO number, and the name of the Lead Review Administrator (LRA). All reports and documents shall have at a minimum in the document footer: the author in the lower left corner, the page # of total # of pages in the center bottom of the page, and the date and /or version of the document (not the auto date) in the lower right corner. Files submitted to DIR must be in Microsoft Word or EXCEL as appropriate.

4. Each TO may require a specific list of deliverables in indicated quantities and delivery dates. In general, the following items in the quantities and at the specified times indicated in this section shall be required:

Item

Deliverables

Teleconference Review Deliverables

Field Reviews Deliverables

Face-To-Face Review deliverables

SECTION G – CONTRACT ADMINISTRATION DATA

G.1. DESIGNATION OF THE CONTRACTING OFFICER’S REPRESENTATIVE (COR)

The person identified below is hereby designated as the COR for this contract. The responsibility of the COR is to ensure that the Government’s technical objectives are met. To this end, the COR will provide necessary information, direction, coordination, etc., within the contractual work description. Issuance of changes which affect the articles, terms, or conditions of this contract will be accomplished through the CO who is the only party authorized to bind the Government to contract:

COR - TBD at time of award

Health Resources and Services Administration

TBD

5600 Fishers Lane, Parklawn Building, Room TBD Rockville, Maryland 20857 Phone Number: TBD Fax Number: TBD Email: TBD

G.2. CONTRACTING OFFICER’S REPRESENTATIVE RESPONSIBILITIES

Technical Direction – The COR will provide the necessary information, direction, and coordination within the confines of the existing contractual work description in order for the contract to have a successful outcome for the government.

This includes providing technical direction to the Contractor to guide the contract effort in order to accomplish the contractual statement of work. This may include providing information to the Contractor for assistance in the interpretation of government provided information, specifications or technical portions of the work description, and where required by the contract, review and approval of product deliverables of the Contractor to the Government under the contract.

Contract Progress and Performance Management – The COR should prepare a performance report semiannually on the contractor’s performance on this Contract. The minimal requirement is an annual performance report. Performance reporting on this Contract follows established government guidelines and is submitted to the Contractor and CO with supporting documentation.

G.3. RESTRICTIONS ON THE CONTRACTING OFFICER’S REPRESENTATIVE’S AUTHORITY

Direction given by the COR to the Contractor must be within the parameters of the Statement of the Work as stated in the Contract.

The COR may not issue any direction to the Contractor that:

1. Solicits a proposal, OR

2. Constitutes an assignment of additional work outside the Statement of Work of this Contract; OR

3. In any manner causes an increase in the total contract cost or the time required for contract performance; OR

4. Changes any of the expressed terms, conditions, or specifications of the Contract (i.e. change in price, change in scope of work, instructions to start or stop work, approve any action that will result in any additional charges to the government).

Issuance of changes that affect the articles, terms, or conditions of this Contract will be accomplished through the CO who is the only party authorized to bind the Government and the only party who can determine if a direction is within the Statement of Work or not.

G.4. KEY PERSONNEL

Pursuant to the Key Personnel clause (HHSAR 352.242-70) referenced in SECTION I of this contract, the following individual(s) is (are) designated as Key Personnel and considered to be essential to the work being performed under this contract:

Title Name

Contact Information for key personnel:

The person identified as the _________________ shall direct the necessary work and services toward fulfillment of the contractual requirements. Prior to removing, replacing, or diverting the specified individual(s), the Contractor shall notify the CO in writing and reasonably in advance, and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the contract. No diversion shall be made by the Contractor without the written consent of the CO, provided that the CO may ratify in writing changes made due to events beyond the control of the Contractor, and such ratification shall constitute the consent of the CO required by this clause. Examples of events beyond the control of the Contractor are: (1) prolonged sickness, (2) termination of employment, and (3) death. Key personnel, with the consent of the CO, may be amended from time to time during the course of the contract to either add or delete personnel, as appropriate.

G.5. SUBMISSION OF INVOICES AND PLACE OF PAYMENT

1. The Contactor shall submit payment requests to hrsainvoices@hrsa.gov as often as monthly using Standard Form 1034, Public Voucher for Purchases and Services Other Than Personal. The SF 1034 and supporting documentation must be submitted in PDF format. Payment shall be made in accordance with the terms of the contract.

2. The Contractor agrees to submit a voucher in accordance with Section J, Attachment B, Billing Instructions. VOUCHERS WITHOUT ALL REQUIRED INFORMATION WILL BE DENIED UNTIL THE PROPER INFORMATION IS SUBMITTED.

3. For inquiries regarding voucher submission, e-mail your concerns to hrsainvoices@hrsa.gov .

4. For inquiries regarding technical issues, inspection and acceptance, call your COR.

5. For inquiries regarding suspension or rejection of costs submitted, call your Contract Specialist.

6. Payment shall be made by:

PSC/Financial Management Service DFO Accounting Operations, Suite 200 12501 Ardennes Avenue Rockville, MD 20857 Telephone: 301-443-3020 Fax: 301-443-0562

G.6. ELECTRONIC FUNDS TRANSFER

The Contractor shall designate a financial institution for receipt of electronic funds transfer payments and it shall be reported in Systems for Award Management (SAM) and shall be submitted in writing to the finance office set forth in Section G.5.6. All data stored in the CCR and ORCA has been transferred to the new Systems for Award Management (SAM) and can be found at www.sam.gov. Contractors are encouraged to periodically review their file for accuracy and are required to re-reregister before their expiration date, which is the same date as their CCR expiration date. SAM will notify users by e-mail that their file is due to expire beginning 60 days prior to expiration, then 30 days and finally 15 days before expiration. Directions on how to navigate SAM can be found on the site’s Home Page by clicking Help in the navigation bar at the top of the page.

G.7. EVALUATION OF CONTRACTOR’S PERFORMANCE final evaluation of Contractor performance shall be conducted on this contract in Interim and final evaluation of Contractor performance (including options) on this contract shall be conducted in accordance with FAR Subpart 42.15 and HHSAR 342.7001(d) and entered into the Contractors Performance Assessment Reporting System (CPARS) (see Section J, List of Attachments, Attachment C.

The Government will conduct an evaluation of Contractor’s performance based on the completion of the tasks stated in the SOW. HRSA documents contractor performance using the Contractor Performance Assessment Rating System (CPARS) (www.cpars.gov). The evaluation shall be conducted by the COR and be comprised of an evaluation of contractor performance completed by the Contractor and Federal staff, and a review of progress reports and financial reports (deliverables).

G.8. TASK ORDER PROCEDURES

a. Prior to each review meeting, the Contractor will be issued a Request for Services (RFS), which will include specific types of Contract staff, estimated dates of review, number of applications, Contracting Officer’s Representative (COR) information, and other pertinent information. This RFS will be sent to the contractor by email.

The basis for award will be determined by the specific needs of the requesting office and included in the RFS.

b. The RFS will specify if the contractor will be required to submit separate cost and technical proposals; a cost proposal only; or an oral presentation. The RFS package may include any special instructions that are particular to the requirement.

The Contractor shall provide the CO with an estimated cost proposal within 5 workdays of receipt of the RFS. After this is reviewed and funding is received, a Task Order will be issued. The contract type (cost reimbursement or fixed price) for each TO will be based on the labor rates as negotiated up to the maximum ceiling set forth in this contract.

The Government shall reserve the right to award a Task Order without discussions.

c. Whenever there is a change in the meeting requirements such as the number of panels, participants, days, contract staff needed, type of review approach that shall result in a cost increase or decrease, then the CO and the COR must be notified. A modification to the Task Order will be written to reflect these changes.

d. In accordance with FAR 16.505(a)(9), no protest under FAR Subpart 33.1 shall be authorized in connection with the issuance or proposed issuance of a RFS under this contract, except for a protest on the grounds that the order increases the scope of work, period of performance, or maximum value of the contract.

G.9. Task Order Information

Each Task Order will contain the following minimum information:

Request for Services and any special instructions Period of Performance

G.10. Task Order Billing

The Contractor shall segregate billings by Task Order when invoicing against the contract.

G11. Changes or Revisions

a. The Government shall not be liable for any costs due to changes or revisions in the scope of services for this Contract or in any Task Order projects, from the requirements originally negotiated and agreed to, unless such changes or revisions are authorized and approved by the CO, in writing.

b. Any request for changes or revisions received from the Contractor shall be referred to the CO for review and approval before acceptance by the Government.

G.12. Contract Task Orders

Individual Task Orders will be issued as requirements occur. Task Orders will specify work to be performed and will reflect the labor rates of the proposed staff in effect when the Task Order is issued. The terms and conditions set forth in the contract will always apply. The pricing arrangement, the cost or price, and the period of performance will be established for each Task Order. The period of performance of a Task Order may extend past the IDIQ contract’s expiration date. Outstanding Task Orders will be performed at the rates/pricing which correlates to applicable contract period(s) in effect for their duration.

G.13. Extensions after Award All Task Orders shall be completed within the time frame specified in each order. Any request for an extension beyond the initial period of performance specified in the Task Order will be evaluated on a case by case basis. It is not to be assumed that requests for extension will be granted.

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 Communication

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

H.2 Printing and Duplicating

The printing of government documents must be accomplished through the Government Printing Office (GPO). Contractors and grantees shall not be used as sources of printing for the Department or OPDIVS. Therefore, the inclusion of printing in contracts and grants is prohibited unless authorized by the Joint Committee on Printing (JCP). All requests for waivers must go through the HHS Department Printing Officer. Contractors may prepare copy, illustrative material (forms etc.) and /or camera ready copy for the purpose of producing publications.

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

Regarding the use of private funds for printing, the regulations state that when appropriated funds are to be used to create information for publication, the printing of that information cannot be made available to a private publisher for publication without prior approval of the congressional Joint Committee on Printing by way of the office of HHS Department Printing Officer. For any questions, please contact the HHS Department Printing Officer at 301-594-3185.

H.3 Clearance/Production of Information Products/Services

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

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

The name of the U.S. Department of Health and Human Services and the Health Resources and Services Administration must be spelled out on the front cover of publications and on the opening and closing frames of audiovisual products. The HHS and HRSA logos must be displayed in addition to spelling out the names of the Department and the Agency. Use of the HHS and HRSA logos that include the names of the Department and the Agency as part of the graphics in the logos does not satisfy the requirement to spell out the names of HHS and HRSA. All publications and audiovisual products must display the month and year of issuance. The HHS and HRSA logos must be displayed on the front cover of any publications and on the opening and closing frames of any audiovisual products. The requirement for placement of the logos may be satisfied by displaying the HHS logo on the bottom left corner and the HRSA logo on the bottom right corner. The HHS logo should be larger than the HRSA logo. Government publications or other Government printed matter may not include the contractor’s logo unless specifically authorized in accordance with agency policy and procedures (http://www.hhs.gov/web/policies/webpolicies/logopolicies/logos_contractors.html)

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

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

· Internet publications

· press releases, advisories, other media materials (including press kits)

· exhibits, exhibit structures

· conferences, meeting materials (including program/agenda books)

· summaries, monographs, proceedings

· slides, overhead transparencies, posters

· audio and videotapes, films, CDs, DVDs, and other audiovisual products

· multimedia products, educational or information modules

· advertisements and/or scripts for radio, TV, Web, or other venue

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

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

NOTE: OMB clearance must be obtained if you (the contractor) intend to survey or interview more than 9 people outside of HRSA and/or the Department, including grantees. Failure on the part of the Contractor to comply with the printing and duplicating, and publication clearance requirements stated above will be deemed unauthorized services and reimbursement will be denied.

H.4 Language Disclaimer

The views expressed in written conference materials, publications, audiovisual products, and by speakers and moderators at HHS-sponsored conferences, do not necessarily reflect the official policies of the U.S. Department of Health and Human Services nor does mention of trade names, commercial practices, or organizations imply endorsement by the U.S. Government.

H.5 Rights in Data

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

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

H.6 Limited Use of Data

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

Contractor and/or Contractor personnel shall not divulge or release data or information developed or obtained in performance of this effort, until made public by the Government, except to authorize Government personnel or upon written approval of the CO. The Contractor shall not use, disclose, or reproduce proprietary data that bears a restrictive legend, other than as required in the performance of this effort. Nothing herein shall preclude the use of any data independently acquired by the Contractor without such limitations or prohibit an agreement at no cost to the Government between the Contractor and the data owner which provides for greater rights to the Contractor.

H.7 Disclosure of Information

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

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

H.8 Confidentiality Agreement Requirement

The Contractor shall implement a confidentiality agreement related to all data provided by the Government staff. All Contractor staff that work with the Federal Government and are provided information and access to databases shall sign such an agreement and a copy of the signed agreement for each relevant staff member shall be submitted to the COR prior to receipt of relevant documents.

H.9. Homeland Security Presidential Directive-12

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

· Upon receipt of the Government’s notification of applicable Suitability Background Investigation required, the Contractor shall complete and submit required forms within 30 days of the notification. Additional submission instructions can be found at the NCI Information Technology Security Policies, Background Investigation Process: (http://ais.nci.nih.gov/).

· The Contractor shall submit a roster, by name, position and responsibility, of all staff working under the contract. The roster shall be submitted to the COR, with a copy to the HRSA Division of Workforce Management and CO, within 14 days of the effective date of the contract. Any revisions to the roster as a result of staffing changes shall be submitted within fifteen (15) calendar days of the change. The COR will submit the list to the HRSA Personnel Security Officer for determination of the appropriate level of suitability investigations to be performed.

Contractors should ensure that the employees whose names they submit have a reasonable chance for approval. While delays in performance caused by successful investigations will be the Government's responsibility, delays associated with rejections will be the Contractor's responsibility. Typically, the Government conducts investigations and checks at no cost to the Contractor. Multiple investigations for the same position, whether- resulting from rejections or resulting from an employee's move to another position(s) or company, may at the CO's discretion, justify reductions(s) in the contract price of no more than the cost of the extra investigation.

H.10. Food

It is the Department's policy that OPDIVs and STAFFDIVs shall not use appropriated funds (whether from an annual appropriation, multi-year appropriation, appropriated user fee, mandatory appropriation, gift funds, or reimbursements from such appropriations, etc.) to purchase food (whether for conferences or meetings; for meals, light refreshments, or beverages; or for Federal or non-Federal participants). Food and meals are not to be provided and are an unallowable expense.

H.11. System for Award Management (SAM)

The Contractor must be registered in the SAM database at www.sam.gov. "Registered in the SAM database" means that (1) the Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the SAM database; and (2) The Government has validated all mandatory data fields and has marked the record "Active".

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

H.12. Medical Records

The contractor shall ensure the confidentiality of the record under the Privacy Act of 1974 and HIPAA as it relates to the release of medical information.

H.13. Quality Assurance

The contractor shall perform all the requirements identified in this contract. The contractor shall supervise the reviews in accordance with Government Auditing Standards. The COR shall review and approve all work products and deliverables submitted by the contractor in accordance with the terms and conditions identified under the contract.

HRSA reserves the right to obtain and review working papers from the contractor for the period beginning with the effective date of the contract through its termination. These reviews shall be conducted at HRSA’s discretion at either the contractor’s site or at the appropriate HRSA office. When reviewed at the HRSA’s site, the working papers will be sent to the HRSA office for review and evaluation by HRSA staff. After completion of the review, HRSA may hold a conference with the contractor to discuss any issues. HRSA may choose to visit the contractor or subcontractor site during the audit to assess performance of the review. The contractor shall maintain an internal quality control program adequate to ensure that the requirements of the contract are met. As with the working paper review, HRSA reserves the right to obtain and review all working papers associated with the contractor’s internal quality control program. These reviews shall be conducted at HRSA’s site, the working papers will be sent to the HRSA office for review and evaluation by HRSA staff. After completion of the review, HRSA may hold a conference with the contractor to discuss any issues. HRSA may choose to visit the contractor and/or the subcontractor’s site during the review to assess performance of the reviews.

H.14. Travel Reimbursement

Any travel reimbursement required by this contract shall be performed in accordance with Federal Travel Regulations.

SECTION I - CONTRACT CLAUSES

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 CO will make their full text available. Also, the full text of a clause may be accessed electronically at this address (es): http://www.acquisition.gov/far/

FAR Clause No. Title and Date