RFP_16-242-SOL-00003_TeleBehavioral_Health_Prescribign_Child_Psychologist.doc

RFP#: 16-242-SOL-00003

Tele-Behavioral Health Prescribing Child Psychologist Medical Services

Section B – Products or Services and Prices/Costs

B.1.

TYPE OF CONTRACT (FAR 52.216-1 (APR 1984))

The Government contemplates award of a firm-fixed price contract resulting from this solicitation.

This is a nonpersonal health care service contract, as defined in Federal Acquisition Regulation (FAR) 37.101, under which the contractor is an independent contractor. The Government may evaluate the quality of professional and administrative services provided, but retains no control over the medical, professional aspects of services rendered (e.g., professional judgments, diagnosis for specific medical treatment). The contractor indemnifies the Government for any liability producing act or omission by the contractor, its employees and agents occurring during contract performance. The contractor must maintain medical liability insurance, in a coverage amount acceptable to the contracting officer, which is not less than the amount normally prevailing within the local community for the medical specialty concerned; and the contractor is required to ensure that its subcontracts for provisions of health care services, contain the requirements of the clause at 52.237-7, including the maintenance of medical liability insurance.

B.1.1

FEE SCHEDULES

This solicitation will result in an indefinite delivery, “Requirements”, (also known as a “Task Order”) acquisition with one base year and four (4) one-year options periods. The quantities shown in the Schedule of Charges are “expected” quantities but are not representative of actual quantities to be ordered and serve as a means of arriving at price reasonableness for award purposes. Utilization of the “Requirements” contract has be determined to be appropriate for the Tele-Behavioral Health Prescribing Child Psychologist Medical Services as the government anticipates recurring requirements but cannot predetermine the precise quantities that will be ordered during the contract period. Pricing proposals should be determined based on the estimated Average Total Order for the Year at 22 hours per week and NTE 50 weeks per year (1,100 hours/year).

B.2.

CONSIDERATION AND PAYMENT

The Contractor shall provide the non-personnel health care services described in Section C, Description/ Specifications/Work Statement. Except as otherwise specified in the contract, the Contractor shall furnish the necessary personnel, materials, services, facilities, and otherwise provide all tasks necessary for or incident to the performance of the work set forth herein.

B.3.

CONTRACT PRICE

a. This is a firm-fixed price contract. The price for the Base Period of this contract is $ (TBD).

b. Upon delivery and acceptance of the item(s) specified in the DELIVERY Article in SECTION F of this contract, the Government shall pay to the Contractor resulting from the firm-fixed price cost.

c. Upon delivery and acceptance of the services described in the State of Work of this contract and identified in the schedule of charges below, the Government shall pay to the Contractor the total prices set forth below and will be paid from the following Contract Line Item Numbers (CLINs) accordingly:

SCHEDULE OF CHARGES FOR THE BASE PERIOD

The Contractor shall be paid upon submission of an invoice and completion and acceptance (if deliverable) or verification (if service) by the Contracting Officer's Representative (COR), of the deliverables and/or services indicated below. Invoices shall be submitted in accordance with the instructions contained in FAR clause 52.232-25, Prompt Payment, and Section G.2 of this contract.

B.4.

OPTION PRICES

a. Unless the Government exercises its option pursuant to the option clause referenced in Contract Clauses section of this contract consists only of the Base Period specified in this contract.

b. Pursuant to FAR Clause 52.217-8, Option to Extend Services and FAR Clause 52.217-9, Option to Extend the Term of the Contract, set forth in CONTRACT CLAUSES of this contract, the Government may, by unilateral contract modification, require the Contractor to perform the Option Period(s) as defined in the Statement of Work of this contract. If the Government exercises this/these option(s), notice must be given before the expiration date of the contract. Specific information regarding the time frame for this notice is set forth in the OPTION PROVISION of this order. If an option period is exercised the fixed price of this contract will be increased as set forth below.

c. Upon the delivery and acceptance of the Option Services described in the Statement of Work of the contract and identified in the schedule of charges below, the Government shall pay the Contractor the unit price(s) set forth below and will be paid from the following Contract Line Item Numbers (CLINs) accordingly:

SCHEDULE OF CHARGES FOR THE OPTION PERIODS

OPTION PERIODS:

d. If the Government exercises its option pursuant to the OPTION PROVISION of this contract, the Government's total estimated contract amount, represented by the sum of the price of base plus option periods and the period of performance will be increased as follows:

Section C – Description/Specifications/Statement of Work

C.

tITLE

Tele-Behavioral Health Prescribing Child Psychologist Medical Services C.1.

PURPOSE

The purpose of this contract is to provide medically necessary and general tele-behavioral health Prescribing Child Psychologist services for Indian Health Service (IHS) beneficiaries via tele-video at IHS, Tribal, and Urban facilities across the Indian Health System. Under this contract, the contract psychologist (hereafter referred to as “the contractor”) is required to have knowledge and experience in the diagnosis and treatment of a broad range of psychological and psychiatric problems across the lifespan. The contractor must have completed a Masters in Pharmacology and be fully licensed to prescribe psychotropic medications.

C.2

BACKGROUND AND NEED

The population of Indian Health Service (IHS) beneficiaries requiring service suffers disproportionately from mental health issues, including but not limited to high levels of depression, trauma/loss-based disorders, and substance abuse. American Indians/Alaskan Natives typically have eight times the annual losses of non-Native populations and typically have a significant annual rate of youth suicides. The primary substances of abuse are alcohol, cannabis, and cocaine. There are population pockets of methamphetamine abuse, some crack use, and other stimulant abuse. There is a high unemployment rate among the population and financial stress is a common problem. The goal of behavioral health services is to restore wellness and assist individuals and their families in their journey to live with of harmony, balance, strength, and hope. However, due to many factors often lack access to behavioral health care, especially specialty care. Providers with specialized training in the prescription of psychotropic medications across the lifespan are rare, difficult to recruit and retain. In order to maximize the contractor’s time across a widely spread population, the contractor will be required to serve sites across the country via tele-video.

It is possible that some of the IHS patients receiving services under this contract may only speak a native language or may have limited comprehension of the English language, and/or may reside on a Native American Indian Reservation. The Contractor is expected to demonstrate sensitivity to cross-cultural and language difference and have the ability to work through interpreters as necessary.

C.3.

GENERAL TASKS

The contractor will work in coordination with the Indian Health Service (IHS) Area Telehealth Coordinator to provide these services via tele-video in outpatient and inpatient settings. Major duties for this position are to independently provide the full range of behavioral health assessments, treatment, and prescribe psychotropic medications to the patients that are seen in order to accomplish the following tasks:

3.1 Evaluation, management and treatment of full range of behavioral health disorders and medical conditions that are related to these presentations.

3.1.2 Collaboration with other members of the healthcare team (psychologists, physicians, behavioral health specialists, and other clinical staff) to ensure comprehensive health care needs are met.

3.1.3 Referrals to outside healthcare facilities when a given patient’s needs cannot be met via telehealth or within the local facility.

3.1.4 Making timely entries in the Electronic Health Record or other medical chart and ensure charting is up to date.

3.1.5 Working closely with allied health professionals to include public health nurses, social workers, community health representatives, etc., to utilized and coordinate the services of other health care professionals in the management of the patient’s medical, behavioral health and social problems.

3.1.6 All providers must observe and abide by the Bylaws, Rules and Regulations of the remote facility’s medical staff, comply with all requirements for an appointment to the medical staff, and maintain status as an active member of the medical staff. They must also familiarize themselves with the cultural, social, political, geographic, demographic, economic, and epidemiological characteristics of the patients and the communities served.

C.4.

SPECIFIC TASKS

In addition to requirements in the scope of work and those outlined in “background and need” above, the contractor must do the following:

4.1 Abide by facility medical staff by-laws, rules, and regulations.

4.1.2 Abide by facility business office requirements to ensure contractor’s services can be reimbursed by Medicaid, Medicare, and Private Insurance.

4.1.3 Work with varied staff levels with complex cases requiring decisive, oftentimes immediate care, rapid transport, networking with tertiary care centers and their staff, lifeguard and EMS from local tribes.

4.1.4 Cooperate and collaborate with the medical records department to ensure that deficient and delinquent charts are completed in a timely manner, with no such delinquencies or deficiencies greater than 15 days at any time.

4.1.5 Cooperate and collaborate with the facility credentialing specialist and Credentials Committee, assuring that all paperwork for medical staff membership and clinical privileges is completed.

C.5.

MINIMUM QUALIFICATIONS AND ESTIMATED LABOR HOURS NEEDED

5.1 The Contractor, or Contractor’s Employee, must be certified as a Prescribing Psychologist and have experience working with American Indian/Alaskan Native populations and electronic health record systems, possess a current and unrestricted licensure to practice medicine in the 50 United States, including Puerto Rico, Guam, or the U.S. Virgin Islands to prescribe psychotropic medication, demonstrate experience to provide the level of coverage required and as stated above. The Contractor, or Contractor’s Employee, will be subject to character investigation in the performance of the contract in accordance with P.L. 101-630, Indian Child Protection and Family Violence Prevention Act of 1990.

5.1.2 Services are estimated to be at a minimum of 22 hours a week, and up to, but not exceeding 40 hours per week, dependent upon the clinical need. While the number of hours might vary, the pricing proposals should be determined based on the estimated Average Total Order for the Year at 22 hours per week and NTE 50 weeks per year (1,100 hours/year).

C.6.

SCHEDULE OF DELIVERABLES OR REPORTING REQUIREMENTS

6.1 The contractor will provide behavioral health services remotely, via televideo.

6.1.2 The contractor’s shifts may vary depending on the location and time zone of the facility being served.

6.1.3 The contractor will document delivered hours to the Area Telehealth Coordinator for signature either every 4 weeks.

6.1.4 The contractor will provide work the Area Telehealth Coordinator on scheduling issues.

6.1.5 See complete list under Section F.

SECTION D – PACKAGING AND MARKING

D.1.

PACKAGING

All deliverables shall be preserved, packaged, and packed in accordance with normal commercial practices to meet the packing requirements of the carrier including that which is necessary to prevent deterioration and damages due to the hazards of shipping, handling, and storing.

D.2.

MARKING

Each package/container shall be delivered to the address shown in Section G.1.3 entitled “Contracting Officers’ Representative Appointment and Authority” and shall be clearly marked as follows:

· Name of Contractor

· Contract Number

· Description of Items Contained Therein

· Consignee’s Name and Address

D.3.

DELIVERY

All deliverables shall be delivered to the following address:

Albuquerque Area Indian Health Service

ATTN: Area Telehealth Coordinator 5300 Homestead Road NE Albuquerque, NM 87110

SECTION E – INSPECTION AND ACCEPTANCE

E.1.

INSPECTION AND ACCEPTANCE

All work under this contract is subject to inspection and final acceptance by the Contracting Officer or the duly authorized representative of the government. The COR, as a duly authorized representative of the Contracting Officer, shall assume the responsibilities for monitoring the Contractor’s performance, evaluating the quality of services provided by the Contractor, and performing final inspection and acceptance of all deliverables and services called for by the contract.

E.2.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

FAR Clause No.

Title and Date 52.246-4

Inspection of Services – Fixed-Price (AUG 1996)

SECTION F – DELIVERIES OR PERFORMANCE

F.1

PERIOD OF PERFORNMANCE

The period of performance is a Base Period of (12) months with four (4), twelve (12) month Option Periods, unless the period is extended by modification to this contract. The Government may exercise options to extend the period of performance in accordance with FAR Clause 52.217-9 – Option to Extend the Term of the Contract (MAR 2000); upon written notification by the Contracting Officer within 30 days of contract expiration.

The period of performance shall be as follows:

Base Period:

Date of Award through one-year Option Period One:

TBD through TBD Option Period Two:

TBD through TBD Option Period Three:

TBD through TBD Option Period Four:

TBD through TBD

F.2.

PLACE OF PERFORMANCE

If needed, the Contractor shall perform the required services at their own facility. All services provided will be via tele-video.

F.3.

DELIVERABLE SCHEDULE

The Contractor shall submit the below deliverable items to the Contracting Officer’s Representative (COR) and the Contract Specialist (CS) at the address shown in Section G.1.3.

Items specified for delivery below are subject to the review and approval of the COR prior to acceptance. The Contractor shall be required to make revisions deemed necessary by the COR.

DELIVERABLES

to Area Telehealth Coordinator and

COR by Email.

to Area Telehealth Coordinator and

COR by Email.

a.

Miscellaneous documents and written materials developed during the course of the contract period whether in draft or final form are deemed the property of the US Government.

b. The U.S. Government reserves the right to accept or reject services if the level of work performance is unsatisfactory based on deliverables.

REQUIRED REPORTS

describe the

Contractor’s

Accomplishments by task area and provide a candid assessment of the project’s progress, noting problems that arose and how they were addressed.

Annually, due 12 months after the contract is awarded and every 12 months thereafter. An annual report will not be required for the period when the final report is due.

Submit to Area Telehealth Coordinator and

Final Report

The final report will include a summary of the entire contract accomplishments and progress, problems, and solutions that occurred during the final contact year.

Final report is due on or before the last day of the contract.

Submit to Area Telehealth Coordinator and

F.4.

DELIVERY REQUIREMENTS

When a deliverable due date occurs on a weekend or a Government holiday, the deliverable will be due on the following Government business day.

GOVERNMENT HOLIDAYS

New Year’s Day

January 1

Martin Luther King’s Birthday Third Monday in January

President’s Day

Third Monday in February

Memorial Day

Last Monday in May

Independence Day

July 4

Labor Day

First Monday in September

Columbus Day

Second Monday October

Veteran’s Day

November 11 Thanksgiving Day

Fourth Thursday November

Christmas Day

December 25

SECTION G – CONTRACT ADMINISTRATION

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 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.

G.1.1.

Contracting Officer

The IHS Contracting Officer (CO) is the only individual authorized to modify this Contract. The CO responsible for administrative and contractual issues concerning this Contract is:

Dawn Sekayumptewa, Contracting Officer (CO) Indian Health Service/Division of Contracts & Grants Management (DCGM) 5300 Homestead Road NE Albuquerque, NM 87110 Phone: 505-248-4561 Email: dawn.sekayumptewa@ihs.gov

All communications pertaining to contractual and/or administrative matters under the contract shall be sent to the address above and to the following Contract Specialist:

G.1.2.

Contract Specialist All Contract administration shall be performed by:

Judith Mariano, Contract Specialist (CS) Indian Health Service/Division of Contracts & Grants Management (DCGM)

5300 Homestead Road NE

Albuquerque, NM 87110 Phone: 505-248-4543

Email: judith.mariano@ihs.gov

G.1.3.

Contracting Officer’s Representative Appointment and Authority

The name and address of the COR assigned to this contract is:

TBD

Indian Health Service/Albuquerque Area Office 5300 Homestead Road NE

Albuquerque, NM 87110

Phone: 505-248-XXXX

Email: first.lastname@ihs.gov G.1.4.

Area Behavioral Health Consultant All technical monitoring shall be performed by:

Chris Fore, PhD, Area Behavioral Health Consultant

Indian Health Service/Albuquerque Area Office 5300 Homestead Road NE

Albuquerque, NM 87110

Phone: 505-248-4444 Email: chris.fore@ihs.gov G.1.5 Technical Monitoring a) Performance of work under this contract must be subject to the technical direction of the Contracting Officers’ 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 task areas outlined in the statement of work 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)/statement of work;

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

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

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

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

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

(c) Technical direction may be oral or in writing. The Contracting 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 e-mail to:

1. Contracting Officer’s Representative (COR): TBD, 505-248-XXXX, first.last@ihs.gov

2. Area Behavioral Health Consultant: Chris Fore, 505-248-4444, chris.fore@ihs.gov

3. Albuquerque IHS Finance Office, ALB_AOAPinvoices@ihs.gov

* No other non-invoice related documents (i.e. deliverables, reports, balance statements) shall be sent to the CS or ALB Finance. 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’s name, contract number, and invoice. The Contractor shall send one email per contract monthly. 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 contract 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;

(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.

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 contract 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.

Failure to submit directly to the offices listed above will delay prompt payment of your invoice.

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.

G.3.1.

OTHER PERSONNEL REPLACEMENTS

If any contracted key personnel or other personnel are replaced by the Contractor during the contract period(s), the Contractor shall submit at least two (2) resumes of a qualified replacement(s) to the IHS COR ten (10) days before the departure of that individual(s). The IHS COR will review resume(s) and have final approval of the personnel replacement.

G.4.

GOVERNMENT FURNISHED PROPERTY

For the security requirements associated with this contract, IHS will provide only the following computing resources for Contractor, or Contractor’s Employee:

· Network access, if needed

· Specialized hardware/software as required

· VPN connection with approved Interconnection Security Agreement, if needed

Section H – Special Contract Requirements

H.1.

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 https://www.cpars.gov/. The Contractor Performance Report is completed by the COR 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.2.

HHSAR 352.239-73 Electronic and Information Technology

Accessibility (JAN 2010)

(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, unless an exception applies, all EIT products and services developed, acquired, maintained, or used by any federal department or agency permit—

(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; and

(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.

(b) Accordingly, any vendor submitting a proposal/quotation/bid in response to this solicitation must demonstrate compliance with the established EIT accessibility standards. 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 .

(c) The Section 508 accessibility standards applicable to this solicitation are identified in the Statement of Work/Specification/Performance Work Statement. In order to facilitate the Government’s evaluation to determine whether EIT products and services proposed meet applicable Section 508 accessibility standards, Offerors must prepare an HHS Section 508 Product Assessment Template, in accordance with its completion instructions, and provide a binding statement of conformance. The purpose of the template is to assist HHS acquisition and program officials in determining that EIT products and services proposed support applicable Section 508 accessibility standards. The template allows vendors or developers to self-evaluate their products or services and document in detail how they do or do not conform to a specific Section 508 accessibility standard. Instructions for preparing the HHS Section 508 Evaluation Template may be found under Section 508 policy on the HHS Office on Disability website (http://www.hhs.gov/web/508/index.html).

(d) Respondents to this solicitation must also provide any additional detailed information necessary for determining applicable Section 508 accessibility standards conformance, as well as for documenting EIT products or services that are incidental to the project, which would constitute an exception to Section 508 requirements. If a vendor claims its products or services, including EIT deliverables such as electronic documents and reports, meet applicable Section 508 accessibility standards in its completed HHS Section 508 Product Assessment Template, and it is later determined by the Government – i.e., after award of a contract/order, that products or services delivered 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 vendor’s Product Assessment Template will be the responsibility of the Contractor and at its expense.

H.3.

HHS Section 508 Accessibility Standards Notice (September 2009) This contract is subject to Section 508 of the Rehabilitation Act (the Act) of 1973 (29 U.S.C. 794d), as amended by the Workforce Investment Act of 1998, and the Architectural and Transportation Barriers Compliance Board (Access Board) Electronic and Information Accessibility Provisions (36 CFR Part 1194). Section 508 of the Act requires that, unless an exception applies, all communications products and services that require a contractor or consultant to produce content in any format that is specifically intended for publication on, or delivery via, a federally owned or federally funded website permit the following:

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

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

(Note: Information about Section 508 of the Act is available at http://www.section508.gov/ . The complete text of Section 508 can be accessed at http://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-section-508-standards/section-508-standards. )

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

The following Section 508 accessibility standards apply to the content or communications material identified in this SOW or PWS:

(NOTE: The Project Officer shall list the applicable accessibility standards of the Access Board Final Rule (36 CFR Part 1194) (e.g., “36 CFR 1194.21(a)-(j).” Most web-based text and communication must meet the accessibility standards in 36 CFR 1194.22, “Web-based intranet and Internet information and applications.” Additionally, 36 CFR 1194.41, “Information, documentation and support,” and 36 CFR 1194.24 “Video and multimedia products” apply to all written, graphical, or broadcast video materials or products produced for HHS, including training. 36 CFR 1194.41(c) specifies that support services for products shall accommodate the communication needs of end-users with disabilities.)

H.3.1. The following Section 508 provisions apply to the content or communications material identified in the SOW:

36 CFR 1194.21(a)-(j)

References:

· HHS Policy for Section 508 Electronic and Information Technology (E&IT) (January 2005): http://www.hhs.gov/web/508/

· HHS Section 508 Web site: http://508.hhs.gov/

· HHS ASPA Web Communications Division Web site: http://www.hhs.gov/web/policies/index.html

· US General Services Administration (GSA) Section 508 Web site: http://www.section508.gov/

H.4.

SECURITY

H.4.1.

To perform the work specified herein, contractor personnel will require access to sensitive data, regular access to HHS-controlled facilities, and/or access to HHS information systems. The Government has determined the position sensitivity under this effort to be Level 1.

H.4.2.

To gain access to the sensitive data, HHS-controlled facilities, and/or HHS information systems, the Contractor shall comply with Homeland Security Presidential Directive 12, Policy for a Common Identification Standard for Federal Employees and Contractors, and with the personal identity verification and investigation procedures obtained in:

H.4.2.1. HHS Information Security Program Policy, http://www.hhs.gov/ocio/securityprivacy/ H.4.2.2. HHS Office of Security and Drug Testing, personnel Security/Suitability Handbook, http://www.hhs.gov/ocio/policy/hhs-ocio-2011-0003.html H.4.2.3. Reserved

H.4.2.4. HHS HSPD-12 Implementation Policy (draft)

H.4.3.

The minimum Government investigation for a non-critical sensitive position is a National Agency Check and Inquiries (with fingerprinting), which consists of searches of records covering specific areas of a person’s background during the past five years. Those inquiries are sent to current and past employers, schools attended, references, and local law enforcement authorities. More restricted positions, above non-sensitive, require more extensive documentation and investigation.

H.4.4.

Contractors should ensure that the employees whose names they submit have a reasonable chance for access approval. Delays associated with rejections and consequent reinvestigations may not be excusable.

H.4.5.

Typically, the Government investigates personnel at no cost to the Contractor, but the expense of multiple investigations for the same position is difficult to justify.

Consequently, 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 extra investigation(s).

H.4.6.

Language similar to this Security section shall be included in any Sub-Contracts which require Sub-Contractor personnel to have access to an information system, access to sensitive data, regular or prolonged access to a HHS-controlled facility, or any combination of these three.

H.4.7.

Inquiries, including requests for forms and assistance, should be directed to the Contracting Officer or his/her designee, listed in the Contract.

H.4.8.

Within seven (7) calendar days after final acceptance of the work specified herein, the Contractor shall return all identification badges to the Contracting Officer or his/her designee.

H.5.

REFERENCES

The work to be performed under this contract will assist the IHS in better meeting legislative mandates and associated implementation guidance from OMB, HHS, NIST, and US CERT. Statutes and Acts generally applicable to IHS security include, but are not limited to:

Health Information Technology for Economic and Clinical Health Act

Federal Information Security Management Act (FISMA), part of the E-Government Act of 2002 (Public Law 107-347, Title III)

OMB Circular A-130 and Appendix III, Security of Federal Automated Information Resources

OMB Circular A-11, Preparing, Submitting, and Executing the Budget

Presidential Decision Directive 63 (PDD 63)

NIST Special Publications – 800 Series

H.6.

ADDITIONAL REQUIREMENTS CONCERNING DATA, DATA RIGHTS AND

COMPUTER SOFTWARE

Notwithstanding any other clause concerning data, data rights and computer software and hardware under this Contract: all data produced, recorded, transferred or manipulated under this Contract shall remain the exclusive property of the Government irrespective or the manner or method of recording or storage and no matter what form of computer mechanism is used in the processing of said information or data. The Government shall retain exclusive right and domain over any by-product produced under this Contract, or any other use of the data produced under this Contract by either plan or accident.

Copies of the final Reports and Deliverables under each task must be officially sent to the Indian Health Service and kept on file by the Contractor. At the end of the contract, all files must be kept by the Contractor for audit purposes.

Works other than Software Development or Enhancements:

No software will be developed, modified, or enhanced under this acquisition.

H.7.

HHSAR 352.224-70 PRIVACY ACT (JAN 2006)

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 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.

Section I – Contract Clauses

FEDERAL ACQUISITION REGULATIONS (FAR) 48 CFR CHAPTER CLAUSES

I.1.

Clauses Incorporated by Reference - FAR 52.252-2 (Feb 1998)

This Contract incorporates FAR provisions/clauses referenced, 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 website address: FAR - https://www.acquisition.gov/far/index.html.

FAR

Clause No.

Title and Date Fixed-Price Service

(OCT 2010)

X

(OCT 2015)

X

(NOV 2015)

X

(AUG 2011)

X

52.232-11

Extras (APR 1984) X

(DEC 2013)

X

I.2.

FAR 52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from TBD through TBD.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

I.3.

FAR 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 22 Hours/ week, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of 40 Hours/week;

(2) Any order for a combination of items in excess of 40 Hours/week or

(3) A series of orders from the same ordering office within 14 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 7 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

I.4.

FAR 52.216-21 REQUIREMENTS (OCT 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government’s requirements do not result in orders in the quantities described as “estimated” or “maximum” in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order.