RFP_WebHERS_FBO.pdf

Section A

Indian Health Service Request for Proposal for Web-Based

Environmental Health Reporting System (WebEHRS)

(RFP) 16-236-SOL-00031

You are invited to submit a proposal in accordance with the requirements of the following Solicitation.

Proposals must be received by the Government no later than the local time on the Due Date stated in the table below.

Issue Date: 05/23/2016

Due Date: 06/22/2016

Time: 4:00 p.m., EST

Points of Contact:

Paul Premoe

(301) 443-4470 paul.premoe@ihs.gov

Michael Fischer

(301) 443-6749 michael.fischer@ihs.gov mailto:paul.premoe@ihs.gov mailto:michael.fischer@ihs.gov

SECTION B – PRODUCTS OR SERVICES AND PRICES/COSTS

B.1. CONSIDERATION

The Contractor shall provide the commercial services described in Section C, Description/ Specifications/Performance Work Statement (PWS). Except as otherwise specified in the task order, the Contractor shall furnish the necessary personnel, equipment, materials, services, and otherwise do all things necessary for the performance of the work set forth herein.

B.2. CONTRACT PRICING

The Indian Health Service (IHS) is planning to issue an Indefinite Delivery Indefinite Quantity contract vehicle as a result of this solicitation. The requirement is being solicited among small businesses only. You are invited to submit a written proposal utilizing the below Schedule of Prices for the services specified in Section C, under Request for Proposal (RFP)

16-236-SOL-00031.

Schedule of Prices Base Year: 12 Months Period

CLINs

RFP Labor Category Unit

Min Max Unit Price Total Price (Max Qty)

0001 Initial Development Fee

EA

0002 System Maintenance, Update & Modification

Month

0002 User Service Fee per Month

User

Travel *See B.4.

N/A

NTE

$10,000

TOTAL CEILING AMOUNT $

Option Year I: 12 Months Period

0004 System Maintenance, 0005 User Service Fee per Month

Option Year II: 12 Months Period

0007 System Maintenance, 0008 User Service Fee per Month

Option Year III: 12 Months Period

0010 System Maintenance, 0011 User Service Fee per Month

Option Year IV: 12 Months Period

0013 System Maintenance, 0014 User Service Fee per Month

TOTAL (w/ 4 Option Periods) $

B.3. TRAVEL LINE ITEMS

Travel Line items shall be treated as part of the effort for the purposes of this contract and shall be handled in the following manner. The Contractor will notify the COR of the requirement at least 30 business days prior to the scheduled travel. Upon COR’s approval, the Contractor shall prepare a proposal reflecting the actual cost of the items and submit it to the COR within 5 business days. The pricing for the proposal shall be based on the commercial catalog pricing and receipts of the all items over $300 shall be included with the invoice.

The Contractor shall be reimbursed for travel costs in accordance with FAR 31.205-46.

Local. The cost of local travel, meal, and/or incidental expenses cost will not be reimbursed for Contractor performance when involving local travels.

Non-local. In the event that non-local travel is required, the Government will reimburse the cost via appropriate contract line item.

Section C – Description/Specifications/Performance Work Statement

Web-based Environmental Health Reporting System

The requirement is for a commercial-off-the-shelf (COTS) database driven, web-based environmental health inspection and management system that will support a nationwide environmental health program. The system will be modified as described in section C.2. The system will be utilized at the national, regional, and field levels by approximately 200 environmental health specialists.

C.1. The COTS System shall:

a. Document establishment and operator information where Environmental Health services are provided by IHS. Users can add or modify establishment information.

Managers can verify and approve changes.

b. Allow users to document, track and report on 1) work including inspections and other activities related to establishments and 2) work that may not be related to establishments such as referrals, complaints, investigations, projects, and training.

i. Ability to attach pictures, PDFs, spreadsheets and other common electronic files to any work record.

c. Provide electronic inspection data collection capability to be used by environmental health inspectors both in the field on mobile devices and in the office using a web browser-based version. The mobile version can be run while not connected to the internet.

i. Electronic inspection forms/checklists will provide access to applicable code and regulatory references related to specific violations such that they can be integrated into the inspection report.

ii. At a minimum, provide electronic inspection forms/checklists for food service, Head Start/day care, pool, and healthy home environmental health inspections.

iii. The inspection form/checklist format, regardless of subject material, will emulate the form, function, and layout of the FDA Food Code checklist. An example of this checklist can be seen in Annex 7, Form 3a of the FDA 2013 Food Code.

iv. Electronic inspection forms/checklists can be printed from both the web and mobile versions. Print format will follow the same layout described in Annex 7, Form 3a of the FDA 2013 Food Code.

d. Provide user permission levels based on user roles and geographic locations.

i. User administration interface for use by IHS mangers to add/edit users or user permissions.

ii. Table update/edit interface for use by IHS Headquarters managers. Ability to add/edit/modify survey types, violation codes, definitions, canned comments and electronic inspection forms.

e. Allow users to select, monitor, trend, and report specific electronic inspection violations.

f. Provide comprehensive data export functionality with parameters defined by the user.

g. Provide user support which includes the following items:

i. Application documentation

1. User Manuals for Environmental Health Inspectors.

2. Administrator Manuals for HQ and Area (regional) managers.

ii. Ability to broadcast email to system users.

iii. A help desk which has a toll free number and email address and is available

8 am to 8 pm Eastern Time, Monday through Friday.

h. Meet Federal IT/Security/508 requirements.

i. Have data redundancy and backup.

j. Ensure error resolution as follows:

i. Issues that impact overall system usability shall be resolved within 8 hours of discovery.

ii. Issues that do not impact overall system usability but do impact system users shall be resolved within 72 hours of discovery.

k. Have the capacity to provide a data transfer protocol which will allow web services to connect to external database products or commercial databases.

l. Have routine evaluations for system and data quality assurance.

m. Have routine system maintenance (hardware and software) provided by the contractor.

n. Provide a minimum of 24 hours’ notice prior to any action that will result in the system being inaccessible to users. An expected time of the system being back online will be included in the notice.

C.2. The contractor shall modify the system to include these requirements:

a. Provide additional electronic inspection forms/checklists as requested by the IHS.

IHS will provide applicable violations lists and associated code or regulatory references for each additional inspection type as needed.

b. Calculate Resource Requirements Methodology (RRM) figures to determine workload. The RRM value is based on the number of establishments and the work-day factor associated with each type of establishment as well as other pre-defined factors. (Calculation methodology for RRM is available upon request.)

c. Establishments shall be identified using codes from the IHS coding system for Area, Service Unit, Tribe, Reservation, and Community. The IHS Standard Code Book may be viewed at http://www.ihs.gov/scb/index.cfm?module=disp_tablesSCB&newquery=1 Other IHS codes may be required and will be provided by IHS.

d. Document, track, and report Tribal codes and ordinances such as food codes, fire codes, primary seat belt ordinances, and housing codes.

C.3. Reporting Capability

The system shall generate the following reports:

e. Resource Requirements Methodology (RRM)

f. Summary reports based on user selected parameters http://www.ihs.gov/scb/index.cfm?module=disp_tablesSCB&newquery=1

g. User selected inspection violation trend reports

h. Tribal code and ordinance reports

i. Workload planning and prioritization reports (next survey or activity due date calendar)

C.4. Training

During the first year of the contract, the contractor shall provide:

j. Up to two on-site train-the-trainer sessions

k. Up to two live Webinars per year

Mandatory References:

IHS Standard Code Book -http://www.ihs.gov/scb/index.cfm?module=disp_tablesSCB&newquery=1

Resource Requirements Methodology

Annex 7, Form 3a of the FDA 2013 Food Code -http://www.fda.gov/Food/GuidanceRegulation/RetailFoodProtection/FoodCode/ucm 374275.htm http://www.ihs.gov/scb/index.cfm?module=disp_tablesSCB&newquery=1 http://www.fda.gov/Food/GuidanceRegulation/RetailFoodProtection/FoodCode/ucm374275.htm http://www.fda.gov/Food/GuidanceRegulation/RetailFoodProtection/FoodCode/ucm374275.htm

SECTION 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 the contract will require coordination between the Government and the Contractor. The following individuals will be the Government’s points of contact during performance of the contract.

G.1.1 Contracting Officer (CO) All contractual actions shall be authorized by:

Michael Fischer Indian Health Service, HQ Division of Acquisition Policy 5600 Fishers Lane, Mail Stop 09E33 Rockville, MD 20857 Phone: (301)443-6749 Email: michael.fischer@ihs.gov

Contract administration will be provided by:

Paul Premoe, Contract Specialist Indian Health Service, HQ Division of Acquisition Policy 5600 Fishers Lane Mail Stop: 09E32 Rockville, MD 20857 Phone: (301)443-4470 Email: paul.premoe@ihs.gov

G.1.2 Contracting Officer's Technical Representative (COR)

To Be Disclosed Upon Award

G.1.3 Technical Monitoring

a) Performance of work under this contract must be subject to the technical direction of the COR 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 Officers’ Representative does not have authority to issue technical direction that:

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

(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 Officers’ Representative shall confirm oral direction in writing within five work days, with a copy to the Contracting Officer.

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

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

G.2. INVOICE SUBMISSION

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: paul.premoe@ihs.gov

2. Contracting Officer’s Representative (COR):To be Disclosed Upon Award

3. Office of Finance and Accounting (OFA): TBD

* No other non-invoice related documents (i.e. deliverables, reports, balance statements) shall be sent to the CS or [TBD]. Failure to submit directly to the offices listed above will delay prompt payment of your invoice.

For invoices submitted by email: the subject line of your email invoice submission shall contain the contractor name, contract/ task order number, and invoice number (e.g.

Company Name, Contract HHSIXXXXX, Invoice #123). The Contractor shall send one email per contract/order per month. The email may have multiple invoices for the contract. Invoices must be in one of 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, TIFF, or Word).

Additionally, the Contractor is required to include its Data Universal Numbering System (DUNS) number on each invoice. For additional information about the Dun & Bradstreet (D&B) DUNS number, please visit http://fedgov.dnb.com/webform.

Invoices shall be submitted in accordance with the contract terms, i.e. payment schedule, progress payments, partial payments, deliverables, etc.

All information set forth in FAR Clause 52.212-4(g), Invoice, must be included in all invoices for it to constitute a proper invoice.

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—Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration), 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.

http://fedgov.dnb.com/webform https://www.acquisition.gov/far/current/html/52_232.html#wp1153351 https://www.acquisition.gov/far/current/html/52_232.html#wp1153375 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20

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 – Central Contractor Registration.

G.3. PAYMENT BY ELECTRONIC FUNDS TRANSFER

Pursuant to FAR 52.232-33, Payment by Electronic Funds Transfer –Central Contractor Registration, payments under this contract shall be made by electronic funds transfer. The Contractor shall register in the System for Award Management (www.SAM.gov).

G.4 HHSAR 352.237-75 KEY PERSONNEL (DEC 2015)

The key personnel specified in this contract are considered to be essential to work performance. At least 30 days prior to the contractor voluntarily diverting any of the specified individuals to other programs or contracts the Contractor shall notify the Contracting Officer and shall submit a justification for the diversion or replacement and a request to replace the individual. The request must identify the proposed replacement and provide an explanation of how the replacement's skills, experience, and credentials meet or exceed the requirements of the contract (including, when applicable, Human Subjects Testing requirements). If the employee of the contractor is terminated for cause or separates from the contractor voluntarily with less than thirty days’ notice, the Contractor shall provide the maximum notice practicable under the circumstances. The Contractor shall not divert, replace, or announce any such change to key personnel without the written consent of the Contracting Officer. The contract will be modified to add or delete key personnel as necessary to reflect the agreement of the parties.

It is up to the contractor to decide and propose key personnel to provide the performance under this contract. However, at minimum, the following labor categories shall be proposed as key personnel: Chief Medical Officer (CMO), Project Manager / Specialty Referrals Clinics, Project Manager / Tele-Emergency Departments, Chief Nurse, and Chief of IT. These required key personnel shall possess the years of experience as specified in below table.

Title Name

Project Manager

Other Key Personnel are to be proposed by the contractor.

(End of clause)

G.5. DATA TO BE DELIVERED

Any working papers, interim reports, data given by the government or first produced by the contractor under the contract or collected or otherwise obtained by the contractor under the contract, or results obtained or developed by the contractor (subcontractor or consultants) pursuant to the fulfillment of this contract are to be delivered, documented, and formatted as directed by the COR.

In addition, information and data, which are held by the contractor related to the operation of their business and/or institution and which are obtained without the use of federal funds, shall be considered “PROPRIETARY DATA” and are not “subject data” to be delivered under this task order.

G.6. GOVERNMENT FURNISHED INFORMATION

The Government will provide necessary background information, applicable rules and regulations, and all applicable HHS guidelines and policies. This information will be supplied by the COR upon award.

G.7. RIGHTS IN DATA

The Contractor shall be prohibited from publicizing or disseminating information without prior written approval of the Contracting Officer’s Technical Representative (COR).

SECTION H– SPECIAL CONTRACT REQUIREMENTS

H.1. ORGANIZATIONAL CONFLICT OF INTEREST AND CONFIDENTIALITY

In order to avoid any organizational conflict of interest, the contractor including its parent company, subsidiaries, and subcontractors, if any, shall not be biased because of its financial, contractual, organizational, or other interests that relate to the work under this requirement. Furthermore, the contractor should not obtain any unfair competitive advantage over other parties by virtue of its performance of this requirement. In order to preserve the contractor’s independence and effectiveness, the contractor shall maintain strict confidentiality of information that is provided by the Government during the performance of the contract. Information provided to and received from the contractor is considered the government’s property. Data is classified as confidential. All contractor personnel will be required to wear a HHS contractor/visitor issued badge while in a government facility. The contractor shall conduct its business in a manner befitting the special relationship with the Government, operating in the public interest with objectivity and independence. Prior to working on this contract, contractor employees shall be required to sign a “Certificate of Confidentiality and Non-Disclosure Agreement” to ensure protected health information is not shared or mistreated.

The government will determine whether a conflict of interest exists during its evaluation.

Any proposal determined to violate this conflict of interest restriction will be deemed non-responsive and will be disqualified from further evaluation.

H.2 CONTRACTOR PERFORMANCE EVALUATION REPORT

During the life of this contract, Contractor performance will be evaluated on an interim and final basis pursuant to FAR Subpart 42.15. This evaluation shall become a part of the contract file and shall be used as past performance information in evaluating the Contractor’s, and any significant subcontractors’ or affiliates, past performance on future contracts. Contractor Performance Assessment Report System (CPARS) is an on-line reporting system http://www.cpars.csd.disa.mil/cparsmain.htm. The Contractor Performance Report is completed by the Project Officer electronically and sent to the Contractor for review and approval at the end of each performance period as an interim report and at the end of the contract performance as a final report. After review by the Contracting Officer, the report becomes a permanent record of the Contractor’s past performance.

H.3. HANDLING OF DATA

The Contractor agrees to the extent that it receives or is given access to data necessary for the performance of contract which contains restrictive markings, the Contractor shall treat the data in accordance with such markings unless otherwise specifically authorized in writing by the Contracting Officer.

H.4. SECURITY OF DATA

The Contractor shall comply with any security requirements established by HHS to ensure proper and confidential handling of data and information. The Contractor shall refer to “HHS Cybersecurity Program.”, which is HHS’ Information Security Program Policy, dated http://www.cpars.csd.disa.mil/cparsmain.htm

June 2010. The contractor shall become familiar with the HHS Departmental Information Security Policies which may be found at http://www.hhs.gov/ocio/policy/2007-0002.html.

“HHS Cybersecurity Program” develops policies, procedures, and guidance to serve as a foundation for HHS' information security program. These documents implement relevant Federal laws, regulations, standards, and guidelines that provide a basis for the information security program at the Department. The contractor must become familiar with ‘HHS Cybersecurity Program” guidelines as presented at http://www.hhs.gov/ocio/policy/index.html#Security.

Data obtained for this contract shall not be used to create databases or any other product not intended for use specifically in this project. All data containing personal identifiers shall be handled in accordance with the Privacy Act of 1974 (Public Law 93-579). No data is to be released to anyone without the specific approval of the COR and the Contracting Officer.

H.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:

1. HHS Information Security Program Policy.

http://www.hhs.gov/read/irmpolicy/121504.html

2. HHS Office of Security and Drug Testing, Personnel Security/Suitability Handbook, dated February 1, 2005. http://www.knownet.hhs.gov/acquisition/pssh.pdf

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

http://www.whitehouse.gov/sites/default/files/omb/assets/omb/memoranda/fy2005 /m05-24.pdf

c. This contract/order will entail the following position sensitivity level(s): Level 5: Public Trust - Moderate Risk.

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.

http://www.hhs.gov/ocio/policy/2007-0002.html http://www.hhs.gov/ocio/policy/index.html#Security http://www.hhs.gov/read/irmpolicy/121504.html http://www.knownet.hhs.gov/acquisition/pssh.pdf http://www.whitehouse.gov/sites/default/files/omb/assets/omb/memoranda/fy2005/m05-24.pdf http://www.whitehouse.gov/sites/default/files/omb/assets/omb/memoranda/fy2005/m05-24.pdf

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.''

H.6. THE SUITABILITY DETERMINATION AND SECURITY CLEARANCE

Suitability determination and security clearance may be conducted by the Office of Personnel Management (OPM), by another Federal Agency, or by a commercial firm under contract to a Federal Agency. The suitability determination may include, but is not limited to, review of prior government/military personnel records; review of FBI records and fingerprint files; searches of credit bureaus; personal interviews; and, written inquiries covering the subject's background.

For each employee position under the contract, the Contractor shall submit forms and information listed below:

SF 85P – Questionnaire for Public Trust Position (Form to be completed for positions designated as Levels 5, SC, 6, or 6C).

FD 258 – Fingerprint Charts (2 sets each).

SECTION I – CONTRACT CLAUSES

I.1 FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its proposal or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its proposal or offer. Also, the full text of a solicitation provision may be accessed electronically at these addresses:

http://www.arnet.gov/far/index.html & www.ecfr.gov.

(End of Provision)

I.2 CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2, February 1998) This contract incorporates some FAR provisions/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 these addresses: http://www.arnet.gov/far/index.html & www.ecfr.gov.

(End of Provision)

CLAUSE TITLE DATE

52.202-1 Definitions November 2013

52.203-3 Gratuities April 1984

52.203-5 Covenant Against Contingent Fees May 2014

52.203-7 Anti-Kickback Procedures May 2014

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity

May 2014

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity

May 2014

52.203-12 Limitation on Payments to Influence Certain Federal Transactions

October 2010

52.204-4 Printed or Copied Double-Sided on Recycled Paper May 2011

52.204-7 System for Award Management

July 2013

52.209-

Prohibition on Contracting with Inverted Domestic Corporations

November 2015

52.210-1 Market Research April 2011

52.215-2 Audit and Records – Negotiation

October 2010

52.215-8 Order of Precedence - Uniform

Contract Format

October 1997

52.215-10 Price Reduction for Defective Cost August 2011 http://www.arnet.gov/far/index.html http://www.arnet.gov/far/index.html or Pricing Data

52.215-12 Subcontractor Cost or Pricing Data October 2010

52.215-13 Subcontractor Certified Cost or Pricing Data Modifications

October 2010

52.215-15 Pension Adjustments and Asset

Reversions

October 2010

52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other Than Pensions

July 2005

52.215-21 Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data – Modifications

October 2010

I.3 FAR 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR

RELATIONS ACT (DEC 2010)

(a) During the term of this contract, the Contractor shall post an employee notice, of such size and in such form, and containing such content as prescribed by the Secretary of Labor, in conspicuous places in and about its plants and offices where employees covered by the national Labor Relations Act engage in activities relating to the performance of the contract, including all places where notices to employees are customarily posted both physically and electronically, in the languages employees speak, in accordance with 29 CFR 471.2(d) and (f).

(1) Physical posting of the employee notice shall be in conspicuous places in and about the Contractor’s plants and offices so that the notice is prominent and readily seen by employees who are covered by the National Labor Relations Act and engage in activities related to the performance of the contact.

(2) If the Contractor customarily posts notices to employees electronically, then the Contractor shall also post the required notice electronically by displaying prominently, on any Web site that is maintained by the Contractor and is customarily used for notices to employees about terms and conditions of employment, a link to the Department of Labor’s Web site that contains the full text of the poster. The link to the Department’s Web site, as referenced in (b)(3) of this section, must read, “Important Notice about Employee Rights to Organize and Bargain Collectively with Their Employers.”

(b) This required employee notice, printed by the Department of Labor, may be—

(1) Obtained from the Division of Interpretations and Standards, Office of Labor- Management Standards, U.S. Department of Labor, 200 Constitution Avenue, NW., Room N-5609, Washington, DC 20210, (202) 693-0123, or from any field office of the Office of Labor-Management Standards or Office of Federal Contract Compliance Programs;

(2) Provided by the Federal contracting agency if requested;

(3) Downloaded from the Office of Labor-management Standards Web site at http://www.dol.gov/olms/regs/compliance/EO13496.htm ; or

(4) Reproduced and used as exact duplicate copies of the Department of Labor’s official poster.

(c) The required text of the employee notice referred to in this clause is located at Appendix A, Subpart A, 29 CFR Part 471.

(d) The Contractor shall comply with all provisions of the employee notice and related rules, regulations, and orders of the Secretary of Labor.

(e) In the event that the Contractor does not comply with the requirements set forth in paragraphs (a) through (d) of this clause, this contract may be terminated or suspended in whole or in part, and the Contractor may be suspended or debarred in accordance with 29 CFR 471.14 and subpart 9.4 Such other sanctions or remedies may be imposed as are provided by 29 CFR part 471, which implements Executive Order 13496 or as otherwise provided by law.

(f) Subcontracts.

(1) The Contractor shall include the substance of this clause, including this paragraph (f), in every subcontract that exceeds $10,000 and will be performed wholly or partially in the Unites States, unless exempted by the rules, regulations, or orders of the Secretary of Labor issued pursuant to section 3 of Executive Order 13496 of January 30, 2009, so that such provisions will be binding upon each subcontractor.

(2) The Contractor shall not procure supplies or services in a way designed to avoid the applicability of Executive Order 13496 or this clause.

(3) The Contractor shall take such action with respect to any such subcontract as may be directed by the Secretary of Labor as a means of enforcing such provisions, including the imposition of sanctions for noncompliance.

(4) However, if the Contractor becomes involved in litigation with a subcontractor, or is threatened with such involvement, as a result of such direction, the Contractor ma request the United States, through the Secretary of Labor, to enter into such litigation to protect the interests of the United States.

(End of Clause)

I.4 FAR 52.217-8 OPTION TO EXTEND SERVICES. (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days before the contract expires.

I.5 FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

a. The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 45 days before the contract expires. The preliminary notice does not commit the Government to an extension.

b. If the Government exercises this option, the extended contract shall be considered to include this option clause.

c. The total duration of this contract, including the exercise of any options under this clause, shall not exceed sixty (60) months.

I.6 DEPARTMENT OF HEALTH AND HUMAN SERVICES ACQUISITION REGULATION

(HHSAR) (48 CFR Chapter 3) CONTRACT CLAUSES

352.208-70 Paperwork Reduction Act. December 2015

352.211-2 Conference Sponsorship Requests and Conference Materials Disclaimer.

December 2015

352.211-3 Paperwork Reduction Act. December 2015

352.215-70 Late Proposals and Revisions. December 2015 -Deviation

352.223-70 Safety and Health (DEC 2015) December 2015

352.226-1 Indian Preference December 2015

352.226-2 Indian Preference Program December 2015

352.237-70 Pro-Children Act December 2015

352.237-71 Crime Control Act—Reporting of Child Abuse December 2015

352.237-72 Crime Control Act—Requirement for Background Checks

December 2015

I.7 HHSAR 352.203-70 ANTI-LOBBYING (DEC 2015)

Pursuant to the HHS annual appropriations acts, except for normal and recognized executive-legislative relationships, the Contractor shall not use any HHS contract funds for:

(a) Publicity or propaganda purposes;

(b) The preparation, distribution, or use of any kit, pamphlet, booklet, publication, electronic communication, radio, television, or video presentation designed to support or defeat the enactment of legislation before the Congress or any State or local legislature or legislative body, except in presentation to the Congress or any state or local legislature itself; or designed to support or defeat any proposed or pending regulation, administrative action, or order issued by the executive branch of any state or http://www.ecfr.gov/cgi-bin/text-idx?SID=a5d2ae581822033a09accac50c5c5528&mc=true&node=se48.4.352_1208_670&rgn=div8 http://www.hhs.gov/regulations/hhsar/subpart352.html#352.201-70PaperworkReductionAct.

local government, except in presentation to the executive branch of any state or local government itself; or

(c) Payment of salary or expenses of the Contractor, or any agent acting for the Contractor, related to any activity designed to influence the enactment of legislation, appropriations, regulation, administrative action, or Executive order proposed or pending before the Congress or any state government, state legislature or local legislature or legislative body, other than for normal and recognized executive-legislative relationships or participation by an agency or officer of a state, local, or tribal government in policymaking and administrative processes within the executive branch of that government.

(d) The prohibitions in subsections (a), (b), and (c) above shall include any activity to advocate or promote any proposed, pending, or future federal, state, or local tax increase, or any proposed, pending, or future requirement for, or restriction on, any legal consumer product, including its sale or marketing, including, but not limited to, the advocacy or promotion of gun control.

I.8 HHSAR 352.223-71 INSTRUCTIONS TO OFFERORS - SUSTAINABLE ACQUISITION

(DEC 2015)

Offerors must include a Sustainable Acquisition Plan in their technical proposals. The Plan must describe their approach and the quality assurance mechanisms in place for applying FAR 23.1, Sustainable Acquisition Policy (and other Federal laws, regulations and Executive Orders governing sustainable acquisition purchasing) to this acquisition. The Plan shall clearly identify those products and services included in Federal sustainable acquisition preference programs by categorizing them along with their respective price/cost in the following eight groups: Recycled Content, Energy Efficient, Biobased, Environmentally Preferable, Electronic Product Environment Assessment Tool, Water-Efficient, Non-Ozone Depleting Substances, and Alternative Fuel Vehicle and Alternative Fuels.

(End of provision)

I.9 HHSAR 352.224-70 PRIVACY ACT (DEC 2015)

This contract requires the Contractor to perform one or more of the following: (a) Design;

(b) develop; or (c) operate a Federal agency system of records to accomplish an agency function in accordance with the Privacy Act of 1974 (Act) (5 U.S.C. 552a(m)(1)) and applicable agency regulations.

The term system of records means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. Violations of the Act by the Contractor and/or its employees may result in the imposition of criminal penalties (5 U.S.C. 552a(i)).

The Contractor shall ensure that each of its employees knows the prescribed rules of conduct in 45 CFR part 5b and that each employee is aware that he/she is subject to criminal penalties for violation of the Act to the same extent as Department of Health and Human Services employees. These provisions also apply to all subcontracts the Contractor awards under this contract which require the design, development or operation of the designated system(s) of records (5 U.S.C. 552a(m)(1)). The contract work statement:

(a) Identifies the system(s) of records and the design, development, or operation work the Contractor is to perform; and

(b) Specifies the disposition to be made of such records upon completion of contract performance.

I.10 HHSAR 352.224-71 CONFIDENTIAL INFORMATION (DEC 2015)

(a) Confidential Information, as used in this clause, means information or data of a personal nature about an individual, or proprietary information or data submitted by or pertaining to an institution or organization.

(b) Specific information or categories of information that the Government will furnish to the Contractor, or that the Contractor is expected to generate, which are confidential may be identified elsewhere in this contract. The Contracting Officer may modify this contract to identify Confidential Information from time to time during performance.

(c) Confidential Information or records shall not be disclosed by the Contractor until:

(1) Written advance notice of at least 45 days shall be provided to the Contracting Officer of the Contractor's intent to release findings of studies or research, to which an agency response may be appropriate to protect the public interest or that of the agency.

(2) For information provided by or on behalf of the government,

(i) The publication or dissemination of the following types of information are restricted under this contract: All information regards to the patients.

(ii) The reason(s) for restricting the types of information identified in subparagraph (i) is/are: The Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy, Security, and Breach Notification Rules.

(iii) Written advance notice of at least 45 days shall be provided to the Contracting Officer of the Contractor's intent to disseminate or publish information identified in subparagraph (2)(i). The contractor shall not disseminate or publish such information without the written consent of the Contracting Officer.

(d) Whenever the Contractor is uncertain with regard to the confidentiality of or a property interest in information under this contract, the Contractor should consult with the Contracting Officer prior to any release, disclosure, dissemination, or publication.

http://www.hhs.gov/ocr/privacy/index.html

I.11 HHSAR 352.233-71 LITIGATION AND CLAIMS (DEC 2015)

(a) The Contractor shall provide written notification immediately to the Contracting Officer of any action, including any proceeding before an administrative agency, filed against the Contractor arising out of the performance of this contract, including, but not limited to the performance of any subcontract hereunder; and any claim against the Contractor the cost and expense of which is allowable under the clause entitled “Allowable Cost and Payment.”

(b) Except as otherwise directed by the Contracting Officer, the Contractor shall furnish immediately to the Contracting Officer copies of all pertinent documents received by the Contractor with respect to such action or claim. To the extent not in conflict with any applicable policy of insurance, the Contractor may, with the Contracting Officer's approval, settle any such action or claim. If required by the Contracting Officer, the Contractor shall effect an assignment and subrogation in favor of the Government of all the Contractor's rights and claims (except those against the Government) arising out of any such action or claim against the Contractor; and authorize representatives of the Government to settle or defend any such action or claim and to represent the Contractor in, or to take charge of, any action.

(c) If the Government undertakes a settlement or defense of an action or claim, the Contractor shall furnish all reasonable assistance in effecting a settlement or asserting a defense. Where an action against the Contractor is not covered by a policy of insurance, the Contractor shall, with the approval of the Contracting Officer, proceed with the defense of the action in good faith. The Government shall not be liable for the expense of defending any action or for any costs resulting from the loss thereof to the extent that the Contractor would have been compensated by insurance which was required by other terms or conditions of this contract, by law or regulation, or by written direction of the Contracting Officer, but which the Contractor failed to secure through its own fault or negligence. In any event, unless otherwise expressly provided in this contract, the Government shall not reimburse or indemnify the Contractor for any liability loss, cost, or expense, which the Contractor may incur or be subject to by reason of any loss, injury or damage, to the person or to real or personal property of any third parties as may accrue during, or arise from, the performance of this contract.

I.12 HHSAR 352.237-74 NON-DISCRIMINATION IN SERVICE DELIVERY (DEC 2015)

It is the policy of the Department of Health and Human Services that no person otherwise eligible will be excluded from participation in, denied the benefits of, or subjected to discrimination in the administration of HHS programs and services based on non-merit factors such as race, color, national origin, religion, sex, gender identity, sexual orientation, or disability (physical or mental). By acceptance of this contract, the contractor agrees to comply with this policy in supporting the program and in performing the services called for under this contract. The contractor shall include this clause in all sub-contracts awarded under this contract for supporting or performing the specified program and services. Accordingly, the contractor shall ensure that each of its employees, and any sub-contractor staff, is made aware of, understands, and complies with this policy.

I.13 HHSAR 352.239-73 ELECTRONIC INFORMATION AND TECHNOLOGY ACCESSIBILITY

NOTICE (DEC 2015)

(a) Section 508 of the Rehabilitation 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 Electronic and Information (EIT) Accessibility Standards (36 CFR part 1194), require that when Federal agencies develop, procure, maintain, or use electronic and information technology, Federal employees with disabilities have access to and use of information and data that is comparable to the access and use by Federal employees who are not individuals with disabilities, unless an undue burden would be imposed on the agency. Section 508 also requires that individuals with disabilities, who are members of the public seeking information or services from a Federal agency, have access to and use of information and data that is comparable to that provided to the public who are not individuals with disabilities, unless an undue burden would be imposed on the agency.

(b) Accordingly, any offeror responding to this solicitation must comply with established HHS EIT accessibility standards. Information about Section 508 is available at http://www.hhs.gov/web/508. The complete text of the Section 508 Final Provisions can be accessed at http://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-section-508-standards.

(c) The Section 508 accessibility standards applicable to this solicitation are stated in the clause at 352.239-74, Electronic and…