OS152662_Assessment_of_the_Impact_of_Energy_Development_on_Behavioral_Health_of_Women_in_Western_North_Dakota_and_Eastern_Montana.docx

Assessment of the Impact on Behavioral Health of Women in Western ND and Eastern MT Request for Task Order Proposal (Solicitation) # 15-233-SOL-00616

STATEMENT OF WORK

OFFICE ON WOMEN’S HEALTH

OFFICE OF ASST. SECRETARY FOR HEALTH

U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES

B. SUPPLIES OR SERVICES/PRICES

B.1 Brief Description of Services

The purpose of this contract is to perform an Assessment of the Impact of Energy Development on Behavioral Health of Women in Western North Dakota and Eastern Montana.

B.2 Type of Order

This is a firm fixed price task order.

B.3 Nonseverable Services

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

B.4 Consideration and Payment (FFP)

The total fixed price of this contract/order is $______________. Payments shall be made upon the delivery and acceptance of each item listed in Section C.3 in accordance with the following payment schedule:

[Insert contractor proposed table here]

C. STATEMENT OF WORK

C.1 Purpose of Contract: The purpose of this contract is to design and implement mixed methods, qualitative and quantitative, assessment of how energy development in Eastern Montana and Western North Dakota is impacting the behavioral health (mental, emotional and substance use disorders) of women.

C.2 Background: The Office on Women’s Health (OWH) in the Office of the Assistant Secretary for Health, U.S. Department of Health and Human Services (HHS) was established in 1991. Its mission is to provide national leadership and coordination to improve the health of women and girls through policy, education and model programs. The vision of the Office on Women’s Health is that all women and girls achieve the best possible health.

In 2006, the Parshall Oil Field was discovered in the Bakken Formation in North Dakota. The Bakken formation occupies approximately 200,000 square miles of the subsurface underlying parts of Western North Dakota, Eastern Montana, and Saskatchewan and Manitoba in Canada. Since approximately 2008, the region has emerged as the second highest oil producing region in the US, behind only Texas, with most new drilling and production taking place in North Dakota. A North Dakota State University study estimates that this energy development has generated over 30,000 jobs directly related to drilling and several thousand more in construction and other services.

According to the U.S. Census Bureau, North Dakota has had an estimated population growth of 7.6% between April 2010 and July 2013 and the expectation is that rapid growth will continue. As an example, Williston, ND, has gone from a population of 12,000 in 2009 to more than 25,000 in 2012 and, according to the US Census Bureau, is now the number one micropolitan city in the U.S. The projection is that Williston will reach 60,000 in the next few years.

While this energy development has reduced unemployment and generated budget surpluses, the population surge has strained the region’s basic infrastructure, including housing, transportation, water and utility systems, school and medical/health facilities and resources, as well as child and elder care, shelters, and other social services. At the same time, there has been an increase in substance use and abuse, drug-related and violent crimes, domestic violence, prostitution, sexual assault, human trafficking, suicide, sexually transmitted diseases, and traffic and oil field fatalities. These changes have impacted local residents including Native Americans on the Fort Peck reservation in Montana, and to a greater extent, Native Americans on the Fort Berthold reservation in North Dakota.

Medical Care Infrastructure

The demand for services is exceeding capacity of the emergency medical system, hospitals, including critical access hospitals (CAH), family planning and community health clinics, and behavioral healthcare providers. Ambulance calls have increased by 59%. There are increases in emergency room visits, trauma, including traumatic brain injuries, sexually transmitted diseases and infections, viral hepatitis infections, domestic violence and sexual assault, and substance abuse and mental health conditions. In Williston, ND, the local hospital reported an increase in the number of births, overwhelming labor and delivery capacity and forcing women to be discharged from the hospital sooner. There has also been an increase women being treated for depression and anxiety. The Forth Berthold reservation has reported an increase of newborns born addicted to methamphetamine and the lack of resources to combat this complex phenomenon.

While demand is increasing, there are shortages of health professional, paraprofessional and support staff. In some cases due to staff shortages, health facilities have been closed, as happened in Williston in 2012. In addition, providers and facilities are experiencing increasing debt due to uninsured oil workers who may choose a housing allowance over health insurance or not paying sliding scale fees for services after they have received care.

Social Services

There have been significant increases in violent crimes against women, including rape and domestic violence. Richland County in Montana, where most of the oil exploration in Montana is occurring, reported 336 cases of domestic violence in 2009 which increased to 1,055 cases by 2012. There were zero rape cases in 2005, fourteen in 2011 and nine in 2012. Similar increases are being reported in North Dakota. Sexual assaults on women living on the Fort Berthold reservation have increased 75% according to tribal law enforcement. There have been increases in demand for victim services such as shelter and transitional housing, counseling, forensic exams, legal assistance, and children services.

Also of concern is the status of seniors; they have been priced out of the housing market and their safety has been compromised because of crime, increased traffic on roads, and financial scams. Similar to the health care industry, the elderly and child care workforce is moving to more competitive positions in the oil industry. Prohibitive housing costs have resulted in increased admissions to transitional programs for runaway and homeless youth, as has the number of Native American youth seeking services from the Runaway and Homeless Youth program in North Dakota.

Environmental Health

There are also environmental health concerns resulting from hydraulic fracking, including unauthorized disposal of wastes in the region and compromised air quality due to exposure to silica dust. Oil spills have also occurred in both states, with the most recent spill into the Yellowstone River, near the town of Glendive, Montana, negatively impacting the town’s drinking water supply.

Current Research

In June 2013, The U.S. Department of Justice (DOJ), Office of Justice Programs (OJP), National Institute of Justice (NIJ) released a funding opportunity to explore the impact of the population surge in the oil development area of Montana and Western North Dakota, on domestic violence, dating violence, sexual assault, and stalking.

In July 2013, BBC Research and Consulting, prepared and published a report for the Montana Board of Crime Control. This study examined social impacts on Montana communities from the current oil and gas development in Montana and Western North Dakota. The report included a comprehensive literature review on “boomtowns” and natural resource extraction and focus groups findings from four communities; Lewiston, Baker, Plentywood, and Sidney. Some of the highlights of the focus group perspectives included; housing issues (availability and cost), decline in agriculture, and lack of available childcare. Across all communities, drug and alcohol abuse was identified as a key issue.

The proposed assessment will help fill a research gap by examining the behavioral health impact of women in Western North Dakota and Eastern Montana due to energy development.

Specifically the assessment will address the following questions:

1. What is known about the impact of rapid economic changes in rural and frontier communities on the behavioral health of women?

2. What is known about the impact of the change in environment due to the energy development on women’s health?

3. What are the existing sources of data on behavioral health of women in the region, what do the data tell us about the current status of women’s behavioral health, and what are the gaps in the data?

4. What services are available to address the behavioral health needs of women?

5. What are the current behavioral health concerns, needs, and issues of women, providers, state and local government officials, and service agencies in the energy development area of Eastern Montana and Western North Dakota?

The target population for this assessment includes, but is not limited to, women residing in communities in Richland, Roosevelt, and Sheridan counties in Eastern Montana and Williams, McKenzie, Mountrail, Dunn, and Stark counties of Western North Dakota. The Fort Berthold reservation, which crosses all four counties in North Dakota, will also be included as well as the Fort Peck reservation in Montana. Efforts will be made to include women with increased vulnerability including young women 18-25 years’ old, elderly women, pregnant women and Native American women, as well as women who are survivors of violence and human trafficking.

In addition, the contractor shall work with key stakeholders including, but not limited to:

· State/local Health Departments

· State/local Family Planning Clinics and Offices

· State/local Behavioral Health Offices (Including mental health and substance abuse)

· State/local Minority Health Offices

· State/local Rural Health Offices

· Tribal leaders, Great Plains Tribal Chairman Health Board

The contractor should also identify any gaps in key stakeholders for the planning and dissemination of findings.

This assessment will provide a summary of the following:

· The status of the behavioral health of women in the energy development area;

· The availability of services to address their needs;

· Gaps in knowledge and services; and,

· What women and local communities think should be done to address these gaps.

This assessment will inform public policy and resource use in the region to address the behavioral health needs of women as well as provide a blueprint that can be used in future mineral energy development areas, especially rural and frontier areas.

C.3 Scope of Work:

Contractors should describe in their proposals in substantive detail how they would accomplish each of the tasks outlined below. The Contractor shall furnish the necessary personnel, materials, services, facilities, and otherwise do all things necessary or incident to conducting the assessment. The following sections describe the anticipated tasks required for conducting the assessment.

Task 1.0 Provide Project Management The Contractor shall provide project management support under this contract. This includes the management and oversight of all activities performed by the Contractor personnel, including subcontractors and consultants, to satisfy the requirements identified in this Statement of Work. The Contractor shall identify a Project Manager by name who will provide management, direction, administration, quality assurance, and leadership in the execution of this contract.

Subtask 1.1 The Contractor shall schedule and coordinate a Project Kick-Off Meeting within 10 working days from the date of award via phone or in person at a location approved by the Government in the Denver, CO area. The meeting will provide an opportunity for introduction of the Government and the Contractor personnel who will conduct the assessment. The meeting will provide the opportunity to discuss the assessment and deliverables. At a minimum, the attendees shall include key Contractor personnel and key Government personnel. The Contractor shall provide a summary report of the Project Kick-Off Meeting 5 working days after the meeting.

Subtask 1.2 Within one month of contract award, the Contractor shall develop a Project Management Plan (PMP) that augments the technical, management, and personnel approaches in the Contractor’s proposal, and shall be used as a foundation for technical and resources management planning. The PMP shall address the approach for accomplishing the tasks. The PMP shall include the following information:

· Timeline and critical milestones

· Staffing plan

· Key deliverables

· Content of quarterly progress reports

· Quality Assurance/Quality Control plan

· Task dependencies and interrelationships

· List of Key Stakeholders

· Communication plan with Contracting Officer Representative

If the Contractor needs to deviate from the PMP agreed upon, the Contractor shall provide the supporting rationale necessitating the deviation, in writing, to the COR within 7 working days of determining a need for a change.

Task 2.0 Design Study Within 4 months of the contract award, the Contractor shall submit the draft assessment plan. Within 6 months of the contract award, the Contractor shall submit the final assessment plan.

Subtask 2.1 Conduct a minimum of 3 conference calls with COR and the HHS government committee on this project. Conduct a minimum of 3 conference calls with each identified key stakeholder outlined in the statement of work. Conduct at least one site visit in each proposed site to obtain a comprehensive understanding of the current environment.

Subtask 2.2 Design a mixed-methods assessment, employing both quantitative and qualitative data collection, related to how energy development in Eastern Montana and Western North Dakota, is impacting the behavioral health of women. The design should involve the compilation and analysis of the availability of current behavioral health services in the affected region, with an emphasis on gender specific services. The design should consist of secondary data analysis of available quantitative data on both the behavioral health and physical of women in the affected region. Deterioration of physical health may result from poor mental health. Data sources should include but not limited to; vital statistics, surveillance data, and data from behavioral health surveys pre and post the increase in economic activity due to expanded energy development.

Primary qualitative data collection should include focus groups of women living in the impacted communities. Efforts should be made to include women from diverse sectors including young women 18-25 years old, single women, pregnant women, women with children and families, elderly women, women employed outside the home, and Native American women. Primary data collection should include structured interviews with key informants in state and local government, public health, social service agencies, mental health treatment, substance abuse treatment, and victim service providers.

Designs of primary data collection should include cross sectional data analysis of women who have been residents of the area prior to the energy development and women who have arrived because of the energy development. The design must include a plan to orient and educate participants in their role in the assessment.

Subtask 2.3

· A detailed discussion of research questions generated from the project objectives and relevant hypotheses;

· Data collection matrix specifying the approach for obtaining data elements for each research question and sub-question;

· A plan for analysis that includes gender-based analysis; analytic methods to be used to answer each of the research questions, including development of conceptual and/or theoretical frameworks to guide the study; elaboration of the planned approaches for data collection and a specified analysis plan to include both descriptive and inferential statistical analyses.

· A brief summary of gender analysis and data on the availability of current behavioral health services, identifying any gaps.

· A brief summary of the analysis of secondary data collected.

· A detailed presentation of the timeline and specific steps to be taken to conduct the assessment.

The Contractor shall provide a draft design to the COR for comments. The Contractor shall submit a final design two weeks after receiving comments from the COR.

Task 3.0 Develop and Test Data Collection Instruments Within 7 months of contract award, the Contractor shall develop a draft of all data collection instruments/protocols and plans for conducting reliability/validity testing with no more than nine respondents each. Instruments/protocols may be created by the Contractor and/or utilize existing, validated instruments.

Subtask 3.1 The Contractor shall provide a report on the data collection instrument testing results to the COR that includes proposed revisions to the data collection instrument and the rationale/justification for each proposed change.

Subtask 3.2 The Contractor shall provide draft instruments to the COR for comments. The Contractor shall submit final instruments/protocols two weeks after receiving comments from the COR. Within 9 months of the contract award, the Contractor shall provide a final report of all data collection instruments/protocols and plans.

Task 4.0 Obtain OMB and IRB Clearance The Contractor is responsible for completing the Office of Management and Budget (OMB) Information Collection Request package, tracking and following up on OMB clearance and obtaining Institutional Review Board (IRB) clearance prior to any data collection. The Contractor shall consider any additional approvals and/or permissions when working with tribal communities.

Subtask 4.1 Within 9 months of the contract award, the Contractor shall prepare all necessary clearance materials required for OWH’s submission to OMB http://www.hhs.gov/ocio/policy/collection/infocollectsupport.html). The Contractor shall provide a draft OMB package to the COR for comments. The Contractor shall submit a final package to the COR two weeks after receiving comments from the COR. The Contractor shall incorporate into the final study design within 10 months of the contract award any changes resulting from public or OMB comments received, and shall provide additional revisions, necessary until OMB approval is received.

Subtask 4.2 If determined that IRB clearance is needed, the Contractor shall indicate which HHS- registered Institutional Review Board (IRB) will review the study design and shall obtain IRB clearance. (http://www.hhs.gov/ohrp/assurances/index.html ) Documentation of IRB clearance shall be provided to the COR before data collection begins and within approximately 11 months of the contract award.

Task 5.0 Collect Data The Contractor shall conduct needed data collection activities and should begin within 2 months of IRB and OMB clearance. The Contractor shall not deviate from the OMB and IRB approved plans.

Task 6.0 Analyze Data The Contractor shall conduct needed data analyses incorporating a gender focus. The Contractor shall not deviate from the approved plans without written consent from the COR.

Task 7.0 Prepare Written Documentation of Project Results

Subtask 7.1 Within 4 months of completed data collection and analysis, the Contractor shall prepare draft report on the results of the project. In addition to the results, the report should include all necessary background information on the objectives, scope, methodology, response rate, analysis, and data collection instruments. The report shall be submitted to the COR for review and approval. The COR may ask the HHS committee on this project to also review and comment on the draft report. The COR will consolidate comments and provide them to the Contractor, in oral and/or written form, as appropriate.

Subtask 7.2 Within 2 weeks of receiving comments from the COR, the Contractor shall revise the draft report per the COR's comments and submit the final report to the COR within 6 months of completed data collection and anlysis.

Subtask 7.3 Within 8 months of completed data collection, the Contractor shall use the material in the report to draft at least one article suitable for publication in a peer review journal. The Contractor shall propose the journals to the COR.

Subtask 7.4 Within 9 months of completed data collection, the Contractor shall design a PowerPoint presentation that provides information on the following:

· Status of the behavioral health of women in the energy development areas assessed

· Availability of services to address their needs

· Gaps in knowledge and services and

· Needs identified by women and key informants to address these gaps

D.4 HHS SECTION 508 ACCESSIBILITY STANDARDS NOTICE (SEPTEMBER 2009)

This contract is subject to Section 508 of the Rehabilitation Act (the Act) of 1973 (29 U.S.C. 794d), as amended by the Workforce Investment Act of 1998, and the Architectural and Transportation Barriers Compliance Board (Access Board) Electronic and Information Accessibility Provisions (36 CFR Part 1194). Section 508 of the Act requires that, unless an exception applies, all communications products and services that require a contractor or consultant to produce content in any format that is specifically intended for publication on, or delivery via, a federally owned or federally funded website permit the following:

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

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

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

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

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)

D. PACKING AND MARKING

RESERVED

E. Inspection and Acceptance

E.1 Observance Of Federal Holidays

Deliverables due on a Saturday, Sunday, or the following Federal holidays shall be due on the following business day.

F. Period of Performance

The period of performance shall be for a for Three (3) years , as follows:

F.1 Delivery Schedule

Items to be Delivered and Delivery Schedule:

Summary report 10 days from award 5 days from meeting

1 electronic

Change in plan 1 mo. from award 7 days from receipt of comments 1 electronic

Final plan 4 mo. from award 6 mo. from award 1 electronic of each

Final instruments 7 mo. from award 9 mo. from award 1 electronic of each

Final package 9 mo. from award 11 mo. from award 1 electronic of each

Final report Within 4 mo of completed data collection Within 6 mo of completed data collection 1 electronic of each

G. CONTRACT ADMINISTRATION DATA

G.1 Authorities of Government Personnel

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

Contracting Officer

All communications pertaining to contractual and/or administrative matters under this contract shall be sent to:

Contract Specialist

Contracting Officer's Representative Name:

Address:

Phone:

Email:

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

G.2 Contracting Officer's Representative (COR) Authority

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

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

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

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

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

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

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

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

G.3 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.

(End of clause)

G.4 Invoice Submission – Non-Commercial

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

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

2. Contracting Officer’s Representative (COR):

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 52.232-25 Prompt Payment, a proper invoice must include the following items:

(i) Name and address of the contractor.

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

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.

H. SPECIAL CONTRACT REQUIREMENTS

H.1 HHSAR 352.239-73(b) Electronic and Information Technology Accessibility (January 2010)

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

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

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

Prior to the Contracting Officer exercising an option for a subsequent performance period/additional quantity or adding funding for a subsequent performance period under this contract, as applicable, the Contractor must provide a Section 508 Annual Report to the Contracting Officer and Project Officer. Unless otherwise directed by the Contracting Officer in writing, the Contractor shall provide the cited report in accordance with the following schedule. Instructions for completing the report are available in the Section 508 policy on the HHS Office on Disability website under the heading Vendor Information and Documents. The Contractor's failure to submit a timely and properly completed report may jeopardize the Contracting Officer's exercising an option or adding funding, as applicable.

Schedule for Contractor Submission of Section 508 Annual Report (to be completed by the Contracting Officer at time of contract/order award)

H.2 Prohibition Against Personal Services

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

H.3 Contractor Performance Evaluation(s)

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

H.4 Printing And Duplication/Copying

The terms "printing" and "duplicating/copying" are defined in the Government Printing and Binding Regulations of the Joint Committee on Printing, CFR Title 44. The regulations can be access at http://www.gpo.gov/pdfs/customers/sfas/jcpregs.pdf.

Printing:

No printing by the Contractor or any subcontractor is authorized under this contract. All printing required hereunder must be performed by the Government Printing Office, in accordance with CFR Title 44; Public Law 102-392, as amended by H.R. 4454; and The Legislative Branch Appropriations Act 2995. The Contractor shall complete Form HHS 26 and submit it along with all camera-ready copies to the Contracting Officer's Representative (COR).

Duplicating/Copying:

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

All printing, as well as duplicating/copying in excess of the stated limits, shall be obtained by the COR through the Publishing Services, Program Support Center [***Note to Contract Specialist - change to CDC or CMS when appropriate]. The cost of any unauthorized printing or duplicating /copying under this contract will be considered an unallowable cost for which the Contractor will not be reimbursed.

H.5 Restrictions On Contractor Access To Government Or Third Party Information

The purpose of this clause is to set forth the restrictions that will govern Contractor employees access to Government or third party information in order to protect the information from unauthorized use or disclosure.

A. Under this contract, the Contractor will have access to Contractor proprietary information and other nonpublic information.

B. Restrictions on use and disclosure of information.

(1) With regard to any information to which the Contractor is given access in performance of this contract, whether the information comes from the Government or from third parties, the Contractor shall:

(i) Utilize the information only for the purposes of performing the services specified in this contract, and not for any other purposes;

(ii) Safeguard information from unauthorized use and disclosure;

(iii) Allow access to the information only to those employees who need it to perform services under this contract;

(iv) Preclude access and disclosure of information to persons and entities outside of the Contractor's organization that do not have authority to access the information;

(v) Inform employees, who may require access to information, about their obligations to utilize it only to perform the services specified in this contract and to safeguard that information from unauthorized use and disclosure; and

(2) Unless specifically permitted in writing by the Contracting Officer, the Contractor shall not use information acquired in performance of the contract, or generated by or for the Government to:

(i) Compete for work for the Government; or

(ii) Submit an unsolicited proposal to the Government.

(3) If the Contractor is exposed to information that is marked in a way that indicates the Contractor should not receive this information, the Contractor shall:

C. Breach of any of the conditions of this modification may provide grounds for the Government to:

(ii) Require the contractor to terminate the subcontractor;

(iii) Suspend contractor payments;

(iv) Terminate this contract for default or cause;

(vi) Pursue such other remedies as may be permitted by law, regulation, or this contract.

D. Unauthorized disclosure or other misuse of information protected by the Privacy Act of 1974 may result in a fine up to $5000 and /or other penalties. In addition, unauthorized disclosure or other misuse of information covered under the Federal Trade Secrets Act (18 USC 1905) may result in a fine, or imprisonment up to 1 year, or both.

E. The Contractor shall flow down this clause to subcontractors at all tiers.

H.6 Restrictions On Disclosure Of Information

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

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

The contractor shall not use, disclose, or reproduce proprietary data that bears a restrictive legend, other than as required in the performance of this effort. Nothing herein shall preclude the use of any data independently acquired by the contractor without such limitations or prohibit an agreement at no cost to the Government between the contractor and the data owner which provides for greater rights to the contractor.

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

H.7 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.

H.8 FAR 52.222-49 Service Contract Labor Standards – Place Of Performance Unknown (May 2014)

(a) This contract is subject to the Service Contract Labor Standards statute, and the place of performance was unknown when the solicitation was issued. In addition to places or areas identified in wage determinations, if any, attached to the solicitation, wage determinations have also been requested for the following: Washington, DC. The Contracting Officer will request wage determinations for additional places or areas of performance if asked to do so in writing prior to the proposal due date.

(b) Offerors who intend to perform in a place or area of performance for which a wage determination has not been attached or requested may nevertheless submit bids or proposals. However, a wage determination shall be requested and incorporated in the resultant contract retroactive to the date of contract award, and there shall be no adjustment in the contract price.

H.9 FAR 52.222-42 Statement Of Equivalent Rates For Federal Hires (May 2014)

In compliance with the Service Contract Labor Standards statute 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

H.10 Department Of Labor Wage Determination

The Department of Labor Wage Determination listed below is incorporated into the contract effective at the date of contract award.

To be inserted at time of award

2. 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.

H.11 Government Furnished Information: Information collected from federal agencies in the region specific to issues/concerns related to energy development in the affected communities will be provided to the contractor.

· HHS regional memo to headquarters compiled by Regional Health Administrator, describing regional observances and federal efforts

H.12. Rights in Data: The Task Order will include a provision that will prohibit the Contractor from publicizing or disseminating information without the prior written approval of the Contracting Officer Representative.

I. CLAUSES

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

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

FAR

52.222-41 Service Contract Labor Standards (May 2014)

HHSAR

352.201-70 Paperwork Reduction Act. (JAN 2006) 352.202-1 Definitions. (JAN 2006) 352.224-70 Privacy Act. (JAN 2006) 352.227-70 Publications and publicity. (JAN 2006) 352.231-71 Pricing of adjustments. (JAN 2010) 352.239-71 Standard for encryption language. (JAN 2010) 352.239-72 Security requirements for Federal information technology resources. (JAN 2010) 352.239-73 Electronic information and technology accessibility. (JAN 2010)