15-233-SOL-00536.pdf

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15-233-SOL-00536

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65 2 of

Request for Quote (RFQ) #15-233-SOL-00536

SECTION 1- SUPPLIES OR SERVICES/PRICES

1.1 BRIEF DESCRIPTION OF SERVICES

The Department of Health and Human Services (HHS), Office of the Assistant Secretary for Health (OASH), and Office of the Surgeon General, Division of Commissioned Corps Personnel and Readiness (DCCPR) is seeking a contractor to provide an online learning management system for recruitment and training in support of USPHS Commissioned Corps Officers.

1.2 TYPE OF ORDER

The contract type contemplated is a firm-fixed-price task order.

1.3 NON-SEVERABLE SERVICES

The services specified in this contract have been determined to be non-severable services

- a specific undertaking or entire job with a defined end product of value to the Government.

1.4 COMMERCIAL SERVICES

The services specified in this contract/order have been determined to be commercial.

1.5 CONSIDERATION AND PAYMENT (FFP)

The total fixed price of this contract/order is to be determined. The contractor is required to submit a payment schedule with its proposal (Reference Section 11.3)

SECTION 2 - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

2.1 PURPOSE

The Department of Health and Human Services (HHS), Office of the Assistant Secretary for Health (OASH), and Office of the Surgeon General, Division of Commissioned Corps Personnel and Readiness (DCCPR) has a requirement for an online learning management system recruitment and training in support of USPHS Commissioned Corps Officers.

This online learning management system must be able to allow DCCPR to provide instruction in the support of the USPHS and provide information for analysis of effectiveness of said instruction.

2.2 BACKGROUND

In July of 2003, then Secretary of Health and Human Services Department, Tommy G.

Thompson announced a new effort to expand and strengthen the U.S. Public Health Service (USPHS) Commissioned Corps (Corps). On January 18, 2006, Secretary Leavitt announced his vision for a transformed Corps. Secretary Leavitt’s plan to revitalize and strengthen the Corps represented the most sweeping transformation since 1889. This transformation enabled Corps officers; who are highly skilled health professionals; to be serving with 26 different federal agencies stationed throughout the U.S. and globally, as well as, available as rapidly deployable assets prepared to assist in public health diplomacy missions both nation-wide and internationally as evidence with the ongoing deployments to Liberia of Corps officers to support the Ebola crisis sweeping across Africa. In line with the Secretary’s vision to revitalize and strengthen the Corps the Secretary authorized that a series of trainings be required for Corps officers throughout the life of their career. Commissioned Corps Instruction 325.05 (CCI 325.05) provides guidance on training requirements for Commissioned Corps Officers throughout a career as deemed necessary by the Assistant Secretary for Health (ASH).

In order to fulfill the Corps’ recruitment mission and provide training to officers stationed all over the globe, it is vital that DCCPR have an online training platform. Currently DCCPR is utilizing the Moodle open source learning platform, along with an Enterprise Learning Intelligence System (ELIS) to manage the Commissioned Corps Learning Management System (CCLMS) site. The CCLMS provides information for potential Corps recruits, Officer/Support training, and information for Officers separating or retiring from the Corps. Currently, there are 7,500 registered users of the CCLMS, with an average of 200 users a month.

The Recruitment Branch currently utilizes the CCLMS to collect information from candidates and to educate candidates on the Commissioned Corps. It is the initial phase of the application process. Administrators of the system have the ability to set up prospective users and enroll them into specific classes. The required information needed for user setup is their name (first and last name) and their email address. Candidates access the system to learn more about the service, application process, and how to retrieve the application documents. They complete a basic questionnaire at the conclusion of the orientation. Successful candidates are then emailed with the instructions for the next steps in the application process. Successful candidates then use the LMS to access the paper copy of the application. The candidate completes the paper copy application and mails the application to Commissioned Corps headquarters.

The USPHS Commissioned Officer Training Academy (COTA) provides training and education in the essential competencies that new and seasoned Corps officers will need to begin and grow within their respective careers. These competencies include, but not limited to, critical standards, policies, procedures, customs and courtesies, and leadership, readiness, and officership. The courses provide training in the competencies necessary to ensure the success of HHS’ public health mission, as well as, inter-operability with the other six uniformed services. The content of these courses are provided through varied instructional methods such as, but not limited to, lecture, demonstration/ simulation, and self-study.

The Separations Teams utilizes the CCLMS as a general information and education tool for all officers and their dependents preparing to retire or separate from the Commissioned Corps. The Retirement and Separation Seminars disseminate information concerning the retirement and separation process, retired pay and post-separation benefits and entitlements provided to veterans of the Commissioned Corps.

In January of 2013, the previous retirement coordinator retired, thus halting the offering of in-person retirement seminars, of which were provided to only a select few Commissioned Corps officers and their dependents. The creation and deployment of the CCLMS based retirement seminar allows all Commissioned Corps officers access to vital retirement and separation information. Since its inception and deployment, approximately 960 individuals have accessed the CCLMS based Retirement seminar.

2.3 STATEMENT OF OBJECTIVES (SOO)

The Contractor shall furnish all of the necessary personnel, materials, services, facilities, (except as otherwise specified herein), and otherwise do all the things necessary for or incident to the performance of the work as set forth below, and in accordance with the background information provided above. All work done under this task order shall be performed under the general guidance of the ASPE Contracting Officer’s Representative (COR) and is subject to the COR’s approval.

2.3.1. Specific Objectives

A. For the Recruitment Branch, the goal of the CCLMS is to increase the knowledge of candidates prior to submitting an application to the Corps and afford the Corps the opportunity to screen candidates prior to beginning the application process.

The CCLMS will need to provide the tools so that approximately one personnel can operate the candidate application system. Recruitment Branch personnel will need to create forms and documents for applicants. The Recruitment Branch requires an LMS that can provide general information, screen candidates, and as an education tool for candidates interested in the Commissioned Corps. It must be able to facilitate the initial phase of the application process. The administrators of the system must be able to set up prospective users and enroll them into specific classes. The information needed for user setup should be their name (first and last name) and their email address. Candidates will need to be able to access the system to learn more about the service, application process, and how to retrieve the application documents. There needs to be the capability for candidates to complete a basic questionnaire quiz at the conclusion of the orientation. Successful candidates will be able to use the LMS to access a paper copy of the application.

B. For the Separations Team, the CCLMS is the initial source for retirement and separations information for all Commissioned Corps officers. It should allow for the dissemination of information and documents that are essential for the officer who is undergoing the transition from active duty to the civilian sector. It needs to provide access to a wide spectrum of retirement and separation topics (e.g.

post-separation medical benefits, Veterans Administration benefits, retired pay, death benefits and retirement and separation resources.).

C. Students who attend COTA trainings will need the ability to fill out daily evaluations on the course and the systems/tools used to put on the course. COTA needs a system that allows learners to be polled on a variety of topics, related to the trainings. In addition, COTA will use the CCLMS to create learner surveys and evaluations. These evaluations will provide vital feedback and input to the COTA staff on what works and what does not work in the trainings, including the CCLMS. COTA requires the ability to store the results from test and evaluations. These results should also be easily downloadable for COTA to store on our servers and report out on. Additionally, COTA requires the ability to hold online courses, assign projects, homework, group work, administer quizzes and exams, and create and syndicate presentations. The CCLMS should be able to utilize multiple types of resources (e.g., Microsoft Office or Adobe PDF, web links, audio/video files, Flash, etc.), offer collaborative discussion boards (e.g., Forums), creative interactive lessons, and encourage project based learning (e.g., Wiki), create and integrate webinar presentations, create course groups, assign roles and capabilities, view logs and reports and manage a course calendar. As COTA plans for the future, the CCLMS will be an integral part of COTA’s strategy to provide cost effective trainings on topics that will support the Corps meeting is mission and goals.

D. Security and privacy is of utmost importance and must meet the Health and Human Services regulation on the security level necessary for the level of PII of individuals and the level of information provided on the LMS. The system should not be interconnected with other systems. Employees of the hosting company will need to sign Non-disclosure Agreements (reference Attachment #3) for security purposes. Only named administrators, determined by DCCPR, will be allowed to request any changes to the system. A user ID and password will be needed to access the system. The password requirement will need to be compliant with HHS policy to include 8 characters, alpha numeric and one special character. However, DCCPR will also need the ability to provide guest access to certain areas. The contractor should monitor the systems for any suspicious activity on the hosted site. Firewalls, intrusion detection systems, performance monitoring applications, and automated alert systems are examples of security systems that may suffice. The CCLMS must meet all federal and HHS IT, security, and privacy standards and policies.

E. A guarantee of system uptime for the site will be needed and evaluated. Also, the system must have backups to safe guard against failures, to include off site backups. Upgrades and changes to the systems must be done in a test environment, and then moved to the production site upon approval.

F. DCCPR will need IT help desk support to include assistance as upgrades to the software are made (such as transferring data). Assistance in making the site more user friendly for students and visually appealing would be helpful. The content needs to be easily developed, backed up and restored by limited untrained staff. However, training needs to be provided for our staff at all levels, i.e.

Administrator, Course creator, teacher, etc. The training should also include information to help DCCPR aggregate surveys and testing into usable data that can be reported to meet federal and HHS IT and performance requirements and standards.

G. The CCLMS must have the capacity to register all USPHS Officers on active duty

(currently approximately 6800). Many Officers may not use the site every month, but may need to be enrolled in courses quickly. The CCLMS must be able to support 200 concurrent users as we may support multiple courses with multiple students, teachers, course creators and administrators. With the ability to increase that number in increments of 50. The site should also be functional and accessible by multiple search engines, i.e. Internet Explorer, Safari, Google Chrome, etc.

H. As DCCPR currently has a functional CCLMS, assistance will be needed in transferring data from our current site.

2.3.2 Specific Tasks

Task 1 - Post Award Meeting

The Contractor shall meet with the Contracting Officer/Contracting Officer Representative (COR) within five working days of the award of the contract to review composition of the online logistics for LMS, and discuss the requirements and any potential areas of concern.

Task 2- Draft a Work Breakdown Structure (WBS)

The contractor shall provide a Work Breakdown Structure (WBS) detailing how the system will be managed by the host site, as well as, a Risk Management plan that addresses all the potential issues/problems associated with a project of this type

Task 3- Final Work Plan

The contractor shall provide a final work plan two (2) weeks after receiving comments from the COR.

Task 4 – Section 508 Report

The contractor shall provide a Section 508 Report per guidelines and timeframes outlined in Section 7.1

Task 5 - Ad Hoc Reports

The contractor shall provide five (5) ad hoc reports on issues and statistics regarding the management and operations of the host site within 2 business days of the request.

2.4 HHS SECTION 508 ACCESSIBILITY STANDARDS NOTICE (SEPT 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:

• Web-based Intranet and Internet Information and Applications (1194.22)

2.5 HHS-CONTROLLED FACILITIES AND INFORMATION SYSTEMS

SECURITY

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

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

(1) HHS Information Security Program Policy

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

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

(c) This contract/order will entail the following position sensitivity level(s): Public Trust

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

(e) Investigations are expensive and may delay performance, regardless of the outcome of the investigation. Delays associated with rejections and consequent re-investigations may not be excusable in accordance with the FAR clause, Excusable Delays--see FAR 52.249-14. Accordingly, the Contractor shall ensure that any additional employees whose names it submits for work under this contract have a reasonable chance for approval.

(f) Typically, the Government investigates personnel at no cost to the Contractor.

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

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

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

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

SECTION 3- PACKAGING AND MARKING

3.1 PACKAGING AND MARKING

All information and deliverables shall be delivered to the address shown in Section 5.3 entitled – Delivery Requirements - and shall be marked as follows:

1. Name and address of the Contractor;

2. Contract Number;

3. Description of item contained therein; and

4. Consignee's name and address.

SECTION 4 – INSPECTION AND ACCEPTANCE

4.1 INSPECTION AND ACCEPTANCE

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.

SECTION 5 - DELIVERIES OR PERFORMANCE

5.1 PERIOD OF PERFORMANCE

The period of performance shall be for a period of twelve (12) months.

5.2 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.

TASK DESCRIPTION DUE DATE

Task 1 Post-award Meeting (via teleconference or webinar) Five (5) days after receipt of order

Task 2 Draft a Work Breakdown Structure (WBS) 1 week after post-award meeting

Task 3 Final Work Plan 2 weeks after receiving comments from the COR

Task 4 Section 508 Report Reference Section 7.1

Task 5 Five (5) Ad Hoc Reports Within two (2) business days of the request from the COR

5.3 PLACE OF PERFORMANCE

The place of performance will be at the Government site. Site will be determined at award.

5.4 DELIVERY REQUIREMENTS

Any documentation provided by the Contractor shall be emailed to the Contracting Officer’s Representative at to be determined.

All draft and final reports, and other documents, should be submitted in Microsoft Word.

The following specifications are required for the electronic submission of final reports and research to be published.

• 12 font

• Time New Roman

• 1 Inch Margins

• Single Spacing

• 8.5 x 11in page size

• Reports not to exceed 10 pages without prior approval from COR.

SECTION 6- CONTRACT ADMINISTRATION DATA

6.1 AUTHORITIES OF GOVERNMENT PERSONNEL

AUTHORITIES OF GOVERNMENT PERSONNEL

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

Contracting Officer Name: Daren Davis Address: 12501 Ardennes Avenue, Suite 400, Rockville MD 20852 Phone: 301-443-7598 Email: daren.davis@psc.hhs.gov

All communications pertaining to contractual and/or administrative matters under this contract shall be sent to the Contracting Officer.

Note: The Contracting Officer is the only individual authorized to modify the contract.

6.2 CONTRACTING OFFICER'S REPRESENTATIVE (COR) AUTHORITY

Contracting Officer's Representative Name: to be determined Address: to be determined Phone: to be determined Email: to be determined

(a) Performance of work under this contract must be subject to the technical direction of the Contracting Officer's Representative identified above, or a representative designated in writing. The term "technical direction" includes, without limitation, direction to the contractor that directs or redirects the labor effort, shifts the work between work areas or locations, fills in details and otherwise serves to ensure that tasks outlined in the work statement are accomplished satisfactorily.

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

The Contracting Officer's Representative does not have authority to issue technical direction that:

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

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

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

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

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

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

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

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

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

6.3 INVOICE SUBMISSION - COMMERCIAL

The Contractor shall submit invoices in accordance with the payment schedule that will be detailed at Section 1.5. A complete invoice with all required back-up documentation shall be sent electronically, via email, to:

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

2. Contracting Officer's Representative (COR): to be determined

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.

SECTION 7 – SPECIAL CONTRACT REQUIREMENTS

7.1 HHSAR 352.239-73(b) ELECTRONIC AND INFORMATION

TECHNOLOGY ACCESIBILITY (JAN 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.

Deliverable Schedule for Contractor Submission of Section 508 Annual Report

(to be completed by the Contracting Officer at time of contract/order award)

7.2 PROHIBITION OF 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.

7.3 POST AWARD ORGANIZATIONAL CONFLICT OF INTEREST

a. General: The Contractor shall have programs in place to identify, report, and mitigate actual and potential conflicts of interest for itself, its employees, subcontractors and consultants. The existence of such programs and the disclosure of known actual or potential conflicts are material performance requirements of this contract.

b. Disclosure: The Contractor shall report all actual and potential conflicts of interest pertaining to this contract to the Contracting Officer, including those that would be caused by a contemplated modification to this contact or another contract. Such reports shall be in writing (including by email). Upon request, the Contractor shall respond to a Contracting Officer's request for an OCI mitigation plan.

c. Resolution: In the event the Contracting Officer determines that a conflict of interest exists, based on disclosure from the Contractor or from other sources, the Contracting Officer shall take action which may include, but is not limited to, requesting a mitigation plan from the Contractor, terminating part or all of the contract, modifying the contract or obtaining a waiver in accordance with applicable law, including FAR

9.503 as applicable.

7.4 DEPARTMENT OF LABOR WAGE DETERMINATION

a. The Department of Labor Wage Determination listed below is incorporated into the contract effective at the date of contract award and can be accessed electronically at http://www.wdol.gov/index.html.

Wage Determination No.: to be determined at award

b. 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 strictly enforces the Service Contract Act (SCA) for all service employees covered by the SCA.

7.5 FAR 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL

HIRES. (MAY 1989)

In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

This Statement is for Information Only:

It is not a Wage Determination

Employee Class Monetary Wage Fringe Benefits 03701 Computer Programmer I $27.63 $9.08

7.6 HHSAR 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.

Name Title

[to be filled in at award] http://www.wdol.gov/index.html

SECTION 8 – CONTRACT CLAUSES

8.1 FAR 52.203-99, PROHIBITION ON CONTRACTING WITH ENTITIES

THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY

AGREEMENTS (FEB 2015) (DEVIATION 2015-02)

(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.

(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L.

113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(2) The Government may seek any available remedies in the event the contractor fails to comply with the provisions of this clause.

(End of clause)

8.2 FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS (MAY 2015)

a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) 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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)

(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:

___ (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).

___ (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).

__X_ (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).

___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

___ (10) [Reserved]

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

_X__ (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.

___ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C.

637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2014) (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 (Oct 2014) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

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

_X__ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C.

637(m)).

___ (24) 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_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

___ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).

_X__ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X__ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

_X__ (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C.

4212).

_X__ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

___ (31) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C.

4212).

___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

___ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C.

chapter 78 and E.O. 13627).

___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O.

13627).

___ (34) 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.)

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

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

___ (36) (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.

___ (37) (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.

___ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (39) (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__ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

___ (41) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (42) (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.

___ (43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X__ (44) 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).

___ (45) 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. 2302 Note).

___ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007)…