17-233-SOL-00355_-_Solicitation_6-2-2017.pdf
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- Pilot Program to Develop and Provide Data Science Curriculum Federal contract opportunity
- Solicitation number
- 17-233-SOL-00355
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17-233-SOL-00355
1. REQUEST NO.
5a. ISSUED BY
NAME
a. NAME
c. STREET ADDRESS
d. CITY
10. PLEASE FURNISH QUOTATIONS TO
THE ISSUING OFFICE IN BLOCK 5a ON
OR BEFORE CLOSE OF BUSINESS (Date)
2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.
UNDER BDSA REG. 2
AND/OR DMS REG.1
RATING
6. DELIVERY BY (Date)
7. DELIVERY
9. DESTINATION
a. NAME OF CONSIGNEE
b. STREET ADDRESS
PAGE OF PAGES
5b. FOR INFORMATION CALL: (No collect calls)
TELEPHONE NUMBER
AREA CODE NUMBER
8. TO:
b. COMPANY
e. STATE f. ZIP CODE
c. CITY
d. STATE e. ZIP CODE
IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.
11. SCHEDULE (Include applicable Federal, State and local taxes)
THIS RFQ
REQUEST FOR QUOTATION
(THIS IS NOT AN ORDER)
IS IS NOT A SMALL BUSINESS SET ASIDEX
06/02/2017 OS196391
1 50
DHHS/PSC/FMP/AMS
7700 Wisconsin Avenue 8th Floor Bethesda MD 20857
See Continuation Pages
Keith Harding
06/23/2017 1200 ET
FOB DESTINATION
OTHER
(See Schedule)X
ITEM NO.
(a)
SUPPLIES/SERVICES
(b)
QUANTITY
(c)
UNIT
(d)
UNIT PRICE
(e)
AMOUNT
(f)
Pilot Program to Develop and Provide Data Science Curriculum
1 The U.S. Department of Health and Human Services (HHS), Office of Business Management and Transformation (OBMT) has a requirement for a vendor to deliver pedagogical, coaching, and content support (e.g., reference materials) in order to increase organizational aptitude in data science work, principles and tools.
Additional information included in continuation pages.
Period of Performance: 08/15/2017 to 08/14/2018
12. DISCOUNT FOR PROMPT PAYMENT
a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS
NUMBER PERCENTAGE
NOTE: Additional provisions and representations
13. NAME AND ADDRESS OF QUOTER
b. STREET ADDRESS
c. COUNTY
d. CITY e. STATE f. ZIP CODE
14. SIGNATURE OF PERSON AUTHORIZED TO
SIGN QUOTATION
16. SIGNER
a. NAME (Type or print)
c. TITLE (Type or print)
a. NAME OF QUOTER
AREA CODE
NUMBER
15. DATE OF QUOTATION
b. TELEPHONE are are not attached
AUTHORIZED FOR LOCAL REPRODUCTION
Previous edition not usable
STANDARD FORM 18 (REV. 6-95)
Prescribed by GSA - FAR (48 CFR) 53.215-1(a)
Pilot Program to Develop and Provide Data Science Curriculum
SECTION 1 – SUPPLIES OR SERVICES AND PRICES/COSTS
1.1 BRIEF DESCRIPTION OF SERVICES
The U.S. Department of Health and Human Services (HHS), Office of Business Management and Transformation (OBMT) has a requirement for a vendor to deliver pedagogical, coaching, and content support (e.g., reference materials) in order to increase organizational aptitude in data science work, principles and tools. The Vendor will develop an effective data science educational experience as well as consistent methods for coaching and support to participants as they learn and apply fundamentals to an individual project. The vendor shall deliver learning content in learning modules to ensure: a) participants are able to identify and apply theories, techniques, and tools relevant to their capstone projects; b) participants with more advanced knowledge or skills have the option to participate in lectures at a later time (conversely, participants whose projects do not require more advanced data science have the option to discontinue their participation in lectures). Additional information on objectives and the scope of work is included in section 2.
1.2 TYPE OF CONTRACT
The Government contemplates award of a Firm Fixed Priced contract
1.3 SEVERABLE/NONSEVERABLE SERVICES
The services acquired under this contract are severable services. Funds are only available for use for the line item to which they are obligated. Unused funds from one period (line item) may not rollover for use in other periods.
1.4 CONSIDERATION AND PAYMENT (Fixed Price – Severable Services)
In consideration of satisfactory performance of the work as described throughout this contract, the Contractor shall be paid a fixed price for each CLIN and optional services (if exercised). If the options are exercised, funding will be obligated by modification to the contract. CLINS are outlined below:
SEPTEMBER PILOT
CLIN 0001 - 8-Week Intensive Course $ –
CLIN 0002 - Reference Materials $ –
CLIN 0003 - Travel $ –
TOTAL $ – $ –
JANUARY 2018 PILOT
CLIN 0004 - 8-Week Intensive Course $ – CLIN 0005 - Reference Materials $ – CLIN 0006 - Travel $ –
TOTAL $ – $ –
OPTIONAL SERVICES (HOURLY) Rate/Hour Unit Estimated Hours CLIN 0007 - Teaching Assistant $ – Hour 100 $ – CLIN 0008 - Post-program Coaching $ – Hour 25 $ – Optional Services Total $ –
Total + Optional Items $ –
SECTION 2 – DESCRIPTION OF SERVICES/STATEMENT OF WORK
2.1 BACKGROUND
The Office of Business Management and Transformation (OBMT) supports the mission of the U.S. Department of Health and Human Services (HHS) by identifying, developing, helping to implement, and evaluating efficient and effective business practices throughout HHS. In addition, OBMT acts as an internal consulting group, maximizing return on taxpayer dollars by undertaking initiatives to improve services, reduce costs, and streamline bureaucracy. OBMT, in conjunction with the HHS Office of the Chief Technology Officer (HHS IDEA Lab), shares examples of effective business practices across HHS by providing experiential learning opportunities to HHS staff that support strategic problem-solving capabilities.
OBMT is supporting the HHS organization to develop or improve data-driven analysis and decision-making.
Additionally, to better understand the need and types of data-related challenges in HHS, OBMT is piloting an offering to HHS staff that provides a data science curriculum, individualized coaching, and structured experiential learning that is directly supports solving health and human services as well as HHS management challenges.
Below are details of what success entails for a program.
2.2 OBJECTIVES AND SCOPE OF WORK
1. Deliver pedagogical, coaching, and content support (e.g., reference materials) in order to increase organizational aptitude in data science work, principles and tools.
a. The Vendor will develop an effective data science educational experience as well as consistent methods for coaching and support to participants as they learn and apply fundamentals to an individual project.
i. The audience will be HHS staff that, at a minimum, have a generally-defined, data-related challenge, and access to relevant dataset(s).
ii. The pilot is targeting up to 30 participants in both physical and virtual settings. The government will be responsible for identifying projects and selecting participants.
Participants will join the pilot with discrete and real challenges (and datasets) that could be solved through the application of data science theories, techniques, and tools.
iii. Participants will address 10 to 20 challenges (hereafter referred to as ‘projects’, or ‘capstone projects’), related to health, human services, or federal agency management, that would benefit from data science and/or quantitative methods.
iv. Participants will vary from having only fundamental quantitative principles to having substantive background in using statistical methods, including programming and modeling.
The varying degrees of skill and background will be targeted to include 60 percent of participants with limited background (i.e., little to no programming experience, but with Microsoft Excel fluency, and some academic background in quantitative methods) and 40 percent of participants with intermediate to advanced background (i.e., some coding experience, relevant work experience, legacy/proprietary tool fluency).
b. The vendor shall establish and deliver professional learning content to HHS participants based on their initial skill level and capstone project topics.
c. The contractor will help participants to scope projects, provide coaching support through the participant's identification and implementation of solutions, and provide subject matter expertise and evaluation (e.g., product and/or technical feedback) throughout the project.
d. The vendor shall coach participants in properly scoping their capstone project problems, applying correct data science techniques, and giving a verbal presentation to a professional audience. To that end, the vendor shall deliver the content in a flexible approach to provide from fundamental to progressively more advanced concepts in lectures, reinforced by individual and/or small group practical exercises.
e. The vendor shall deliver learning content in learning modules to ensure: a) participants are able to identify and apply theories, techniques, and tools relevant to their capstone projects; b) participants with more advanced knowledge or skills have the option to participate in lectures at a later time (conversely, participants whose projects do not require more advanced data science have the option to discontinue their participation in lectures).
f. Consider the following descriptions and arrangement of learning topics within the modules as general guideline for the vendor’s proposed curriculum:
Note: A non-exhaustive set of Python projects and libraries are referenced below to illustrate specific learning objectives. Offerors are welcome to suggest alternative or complementary open-source tools (e.g., R) for inclusion in modules
i. Introductory Level Modules objectives: Students will have attained and applied skills to real-life problems that expose their understanding of how to clean and manipulate large datasets, combine data from different systems, make deeper insights and reach data-informed conclusions. This set of introductory topics may be deemed optional for participants with an advanced level of experience.
1. Introduction to open-source Programming and Analytics tools (recommend 2 lectures): Learn basic operations of integrated development environment (IDE), code maintenance tool (e.g., Git), and other administrative tasks. Use built-in Python (or equivalent; applies whenever Python is mentioned) data structures and external libraries (e.g., Pandas) to read from and write to files and manipulate data employing various Python data structures. Perform basic SQL commands using Python implementations (e.g., SQLite) and combine multiple data sources
2. Intermediate open-source Programming and Analytics tools (2 lectures): Perform web scraping and consume APIs and services. Perform string manipulations, calculations, and basic plotting (e.g., Matplotlib). Build functions consisted of above and perform basic software engineering tasks (e.g., debugging, unit testing). Understand basics of object-oriented programming (e.g., classes, inheritance, method override)
3. Predictive Analytics (recommend 2 lectures): Understand goals of data analytics (i.e., prediction, inference). Understand probability and statistics concepts to build linear regression models. Using Python built-in or external libraries (e.g., Scikit-learn), build linear and classification models by splitting, training, and testing on various datasets. Evaluate regression models using goodness of fit metrics (e.g., RMSE) and understand how to add or remove features/independent variables and how doing so affects models’ explanatory power. Evaluate classification models using performance metrics (e.g., prediction accuracy, sensitivity, specificity)
4. Data Visualization (recommend 2 lectures): Understand visualization theory.
Understand basic HTML and Javascript required to perform advanced visualization.
Using implementations such as D3, build visualization products at various stages of the workflow (e.g. data exploration, model building, evaluation)
ii. Intermediate Level Modules objectives: Students have attained and applied skills that expose their knowledge of how to efficiently train, test, and evaluate predictive models:
1. Introductory Machine Learning (recommend 3 lectures): Understand variance/bias tradeoff, overfitting, and other modeling considerations. Build more complex regression and classification models (Logistic Regression, Naïve Bayesian). Using Python implementations (e.g., textblob), perform text analysis and build classification models. Perform more advanced evaluation (e.g., ROC curve, AUC, cross validation)
2. Advanced Machine Learning (recommend 5 lectures): Build more advanced tree-based regression and classification models and employ techniques such as bootstrapping, boosting, random forest. Understand how to deal with unbalanced data and how multi-class classification models are built and evaluated. Using deep learning, support vector machines and other advanced techniques, build models on the same dataset and evaluate them. Perform more advanced natural language processing tasks. Understand how digital signals can be parsed and applied to modeling. Understand how unsupervised learning can be applied to different cases and build models employing unsupervised learning (e.g., principal component analysis).
2. Prepare HHS participants to confidently apply tools and techniques learned in the pilot to their future work and to continue formal and self-learning.
a. Software used during the pilot shall be able to operate on standard, government-furnished computing equipment.
b. All lecture material (e.g., notes, sample code, sample data, reference links) shall be available to the participants for 2 years.
c. All lectures shall be recorded and made available to participants for 2 years.
d. All classroom demonstrations and practical exercises shall be performed with tools that are compatible with government furnished PCs and Macs.
3. Help to establish a community of cohort alumni through the incorporation of peer-to-peer support and learning within the pilot.
a. The program will feature elements of peer knowledge-sharing and group-learning (including sharing and feedback of capstone project progress) that will provide participants with opportunities to assist and be assisted by their peers.
4. Inform potential, future iterations of the program by applying lessons learned from administering the inaugural pilot.
a. The vendor will manage real-time gathering of feedback and make adjustment to participants’ needs within the course of the pilot.
2.3 DELIVERABLES
The pilot shall last no more than eight (8) weeks, including: up to eight (8) hours per week of classroom instruction or lecture time (livestreaming, online and live classroom participation synchronously); on-demand coaching after classroom instruction, resulting in no more than sixteen (16) hours per week of total participation by HHS staff (including non-lecture coaching and self-learning during the time dedicated for the pilot). The capstone project interim and final deliverable and presentations shall be included in the schedule.
Task Deliverable Due Date Kick-Off Meeting Draft program layout
Mentor and Instructor bios Outline of Program material
Within 10 business days of award
Instructions on logistics Administrative Participant technology configuration and setup verification Program start minus two weeks
Prerequisite and/or primer materials
Surveying / testing for incoming knowledge base
Ensuring completion of prerequisite learning
Program start minus one week
Content delivery Instructions on using knowledge management tool (e.g., Slack)
Content Management (e.g., Git) Lecture notes, code files, data, reference links, etc. and ad-hoc coaching
Self-learning media / materials post on website
Program weeks one thru eight
Standing Coaching Hours
Scheduled in-person and/or remote provision of focused coaching
Weekly
Synthesizing feedback and assessment of options
Collection of qualitative feedback, themes, general concerns and acclaim from participants
Evaluation of content and programmatic alternatives, live adjustments
Weekly
Final feedback and programmatic design debrief
Lessons learned presentation Program end plus three weeks
2.4 TO BE FURNISHED BY THE GOVERNMENT:
1. Physical space for lecture and group work
2. Participants' own government-owned laptops (with access to tools specified in the Vendor’s instructions)
3. Capstone project topics and datasets
4. Communication tool for participants and instruction team (e.g., Slack)
5. Knowledge Management tool (e.g., private Github repository)
2.5 OPTIONAL (SERVICES):
Teaching Assistance
i. Based on an Hourly Rate Ongoing Support
i. Participants and/or stakeholders may have additional questions after the pilot ends
ii. Based on an Hourly Rate
SECTION 3- PACKAGING AND MARKING
3.1 MARKING
All information and deliverables shall be delivered to the address reflected in each this contract and shall be marked as follows:
1. Name and address of the Contractor;
2. Contract Number;
3. Description of item(s) contained therein; and
4. Consignee's name and address.
SECTION 4- INSPECTION AND ACCEPTANCE
4.1 SCOPE OF INSPECTION
Pursuant to 52.212-4, all work described is to be delivered under this contract is subject to final inspection and acceptance by an authorized representative of the Government. The authorized representative of the Government is the Government's Contracting Officers Representative (COR), who is responsible for inspection and acceptance of all services, materials, or supplies to be provided by the Contractor.
4.2 ACCEPTANCE CRITERIA
Unless otherwise specified by the COR, the general quality measures, as set forth below, will be applied to each work product received from the Contractor.
The final inspection and acceptance criteria include:
a. Accuracy: Work Products shall be accurate in presentation, technical content, and adherence to accepted elements of style.
b. Clarity: Work Products shall be clear and concise. Any/All presentations, diagrams, content shall be easy to understand and be relevant to the supporting narrative.
c. Consistency to Requirements: All work products must satisfy the requirements of this statement of work.
d. Timeliness: Work products shall be submitted by the due date specified in this statement of work or submitted in accordance with a later scheduled date determined by the Government.
4.3 Approvals by the COR
The COR’s approval or revision to the services delivered shall be within the general scope of work stated in this contract.
4.4 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: http://www.arnet.gov/far/
Clause Title Date 52.212-4(a) Inspection/Acceptance January 2017
SECTION 5- DELIVERIES OR PERFORMANCE
5.1 PERIOD OF PERFORMANCE
The period of performance for this contract shall be 1 year:
August 15, 2017 to August 14, 2018
5.3 PLACE OF PERFORMANCE
Work will be performed at the contractor’s location and physical space provided by the Government in the Washington, DC area. Exact location will be provided after award.
SECTION 6- CONTRACT ADMINISTRATION DATA
6.1 AUTHORITIES OF GOVERNMENT PERSONNEL
(a) Notwithstanding the Contractor's responsibility for total management during the performance of this
Contract, the administration of this Contract will require maximum coordination between the Government and the Contractor. The following individuals will be the Government's points of contact during the performance of this Contract:
All communications pertaining to contractual and/or administrative matters under this Contract shall be sent to:
Contract Specialist Keith Harding U.S. Department of Health and Human Services Program Support Center 7700 Wisconsin Avenue, Room 8220A Bethesda, MD 20857 Keith.harding@psc.hhs.gov
Contract Officer Representative (COR) Will Yang U.S. Department of Health and Human Services Office of Business Management and Transformation 200 Independence Ave, SW Washington, D.C. 20201 202-205-5039 will.yang@hhs.gov
Note: The Contracting Officer is the only individual authorized to modify the Contract.
6.2 CONTRACTING OFFICER'S REPRESENTATIVE (COR) AUTHORITY
(a) Performance of work under this contract must be subject to the technical direction of the Contracting Officer's Representative identified above, or a representative designated in writing. The term "technical direction" includes, without limitation, direction to the contractor that directs or redirects the labor effort, shifts the work between work areas or locations, fills in details and otherwise serves to ensure that tasks outlined in the work statement are accomplished satisfactorily.
(b) Technical direction must be within the scope of the specification(s)/work statement.
The Contracting Officer's Representative does not have authority to issue technical direction that:
(1) Constitutes a change of assignment or additional work outside the specification(s)/statement of work;
(2) Constitutes a change as defined in the clause entitled "Changes";
(3) In any manner causes an increase or decrease in the contract price, or the time required for contract performance;
(4) Changes any of the terms, conditions, or specification(s)/work statement of the contract;
(5) Interferes with the contractor's right to perform under the terms and conditions of the contract; or
(6) Directs, supervises or otherwise controls the actions of the contractor's employees.
(c) Technical direction may be oral or in writing. The Contracting Officer's Representative shall confirm oral direction in writing within five work days, with a copy to the Contracting Officer.
(d) The contractor shall proceed promptly with performance resulting from the technical direction issued by the Contracting Officers, Representative. If, in the opinion of the contractor, any direction of the Contracting Officers, Representative, or his/her designee, falls within the limitations in (b), above, the contractor shall immediately notify the Contracting Officer no later than the beginning of the next Government work day.
(e) Failure of the contractor and the Contracting Officer to agree that technical direction is within the scope of the contract shall be subject to the terms of the clause entitled "Disputes."
6.3 INVOICE SUBMISSION - COMMERCIAL
The Contractor shall submit invoices once per month. A complete invoice with all required back-up documentation shall be sent electronically, via email, to:
1. Contract Specialist via DAM mailbox: pscsas.invoices@psc.hhs.gov
2. Contracting Officers Representative (COR): will.yang@hhs.gov
3. Financial Management Service (FMS): psc_invoices@psc.hhs.gov
* No other non-invoice related documents (i.e. deliverables, reports, balance statements) shall be sent to the DAM and FMS mailboxes; Invoices Only.
The subject line of your email invoice submission shall contain the Contract number, and the number of invoices. The Contractor shall send one email per Contract per month. The email may have multiple invoices for the Contract. Invoices must be in the following formats: PDF, TIFF, or Word. No Excel formats will be accepted. The electronic file cannot contain multiple invoices; example, 10 invoices requires 10 separate files (PDF or TIFF or Word).
Invoices shall be submitted in accordance with the Contract terms, i.e. payment schedule, progress payments, partial payments, deliverables, etc.
All calls concerning Contract payment shall be directed to the COR.
In accordance with FAR 52.212-4, Contract Terms and Conditions-Commercial Items, a proper invoice must include the following items:
FAR 52.212-4(g) Invoice.
(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the Contract to receive invoices. An invoice must include:
(i) Name and address of the Contractor;
(ii) Invoice date and number;
(iii) Contract number,
(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;
(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;
(vi) Terms of any discount for prompt payment offered;
(vii) Name and address of official to whom payment is to be sent;
(viii) Name, title, and phone number of person to notify in event of defective invoice; and
(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this Contract.
(x) Electronic funds transfer (EFT) banking information.
(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this Contract.
(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer, System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer, Other Than System for Award Management), or applicable agency procedures.
(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.
(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.
Additionally, the FMS requires the contractor to include its Dun & Bradstreet Number (DUNS) on each invoice.
In accordance with OMB Memorandum, M-11-32, Agencies shall make payments to small businesses as soon as practicable, with the goal of making payments within 15 days of receipt of a proper invoice. If a small business contractor is not paid within this (15 day) accelerated period, the contractor will not be given a late-payment interest penalty. Interest penalties, as prescribed by the Prompt Payment Act, remain unchanged by means of this memorandum. All small businesses shall label all invoices as "Small Business."
Additionally, in accordance with OMB Memorandum, M-12-16, all prime contractors are encouraged to disburse funds received from the Federal Government to their small business subcontractors in a prompt manner. To assist prime contractors in expediting contractor payments to small business subcontractors, Agencies shall, to the full extent permitted by law, temporarily establish an earlier, accelerated date for making agency payments to all prime contractors. Consistent with OMB Memorandum M-11-32 above, Agencies shall have a goal of paying all prime contractors within 15 days of receiving proper documentation. In an effort to support small business growth, drive economic activity and job creation, the Contractor is encouraged to accelerate payments to their small business subcontractors.
In accordance with the requirements of the Debt Collection Improvement Act of 1996, all payments under this order will be made by electronic funds transfer (EFT). The Contractor shall provide financial institution information to the Finance Office designated above in accordance with FAR 52.232-33 Payment by Electronic Funds Transfer - System for Award Management.
SECTION 7- SPECIAL CONTRACT REQUIREMENTS
7.1 KEY PERSONNEL
Key personnel on this contract are subject to HHSAR Clause 352.237-75. Changes to key personnel may be accomplished via an email request to the Contracting Officer and Contracting Officer’s Representative.
Name Title Lead Contractor
7.2 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/ocio/policy/policydocs/ociosummaries.html http://www.hhs.gov/ocio/securityprivacy/index.html
(2) HHS Office of Security and Drug Testing, Personnel Security/Suitability Handbook, dated February 1, 2005.
http://www.hhs.gov/ohr/manual/pssh.pdf
(3) HHS HSPD-12 Policy Document, v. 2.0.
http://www.hhs.gov/asfr/og/acquisition/policies/hspd12contractguide.doc
(c) This contract/order will entail the following position sensitivity level(s): Level 1
(d) The personnel investigation procedures for Contractor personnel require that the Contractor prepare and submit background check/investigation forms based on the type of investigation required. The minimum Government investigation for a non-sensitive position is a National Agency Check and Inquiries (NACI) with fingerprinting. More restricted positions--i.e., those above non-sensitive, require more extensive documentation and investigation. The Contractor shall notify the Contracting Officer in advance when any new personnel, who are subject to a background check/investigation, will work under the contract and if they have previously been the subject of national agency checks or background investigations.
(e) Investigations are expensive and may delay performance, regardless of the outcome of the investigation.
Delays associated with rejections and consequent re-investigations may not be excusable in accordance with the FAR clause, Excusable Delays--see FAR 52.249-14. Accordingly, the Contractor shall ensure that any additional employees whose names it submits for work under this contract have a reasonable chance for approval.
(f) Typically, the Government investigates personnel at no cost to the Contractor. However, multiple investigations for the same position may, at the Contracting Officer's discretion, justify reduction(s) in the contract price of no more than the cost of the additional investigation(s).
(g) The Contractor shall include language similar to this ``HHS-Controlled Facilities and Information Systems Security'' language in all subcontracts that require subcontractor personnel to have the same frequency and duration of (1) physical access to an HHS-controlled facility; (2) logical access to an HHS-controlled information system; (3) access to sensitive HHS data/information, whether in an HHS-controlled information system or in hard copy; or (4) any combination of circumstances (1) through (3).
(h) The Contractor shall direct inquiries, including requests for forms and assistance, to the Contracting Officer or designee.
(i) Within 7 calendar days after the Government's final acceptance of the work under this contract, or upon termination of the contract, the Contractor shall return all identification badges to the Contracting Officer or designee.''
7.3 RESTRICTIONS ON CONTRACTOR ACCESS TO GOVERNMENT OR THIRD PARTY
INFORMATION
The purpose of this clause is to set forth the restrictions that will govern Contractor employees access to Government or third party information in order to protect the information from unauthorized use or disclosure.
A. Under this contract, the Contractor will have access to Contractor proprietary information and other nonpublic information.
B. Restrictions on use and disclosure of information.
(1) With regard to any information to which the Contractor is given access in performance of this contract, whether the information comes from the Government or from third parties, the Contractor shall:
(i) Utilize the information only for the purposes of performing the services specified in this contract, and not for any other purposes;
(ii) Safeguard information from unauthorized use and disclosure;
(iii) Allow access to the information only to those employees who need it to perform services under this contract;
(iv) Preclude access and disclosure of information to persons and entities outside of the Contractor's organization that do not have authority to access the information;
(v) Inform employees, who may require access to information, about their obligations to utilize it only to perform the services specified in this contract and to safeguard that information from unauthorized use and disclosure; and
(vi) Ensure each employee complies with the restrictions set forth in (i), (ii), (iii), and (iv) above.
(2) Unless specifically permitted in writing by the Contracting Officer, the Contractor shall not use information acquired in performance of the contract, or generated by or for the Government to:
(i) Compete for work for the Government; or
(ii) Submit an unsolicited proposal to the Government.
(3) If the Contractor is exposed to information that is marked in a way that indicates the Contractor should not receive this information, the Contractor shall:
(i) Notify the Contracting Officer; and
(ii) Use the information only in accordance with the instructions of the
Contracting Officer.
C. Breach of any of the conditions of this modification may provide grounds for the Government to:
(i) Require the contractor to remove the contract employee or employees from the performance of the contract;
(ii) Require the contractor to terminate the subcontractor;
(iii) Suspend contractor payments;
(iv) Terminate this contract for default or cause;
(v) Suspend or debar the Contractor for serious misconduct affecting present responsibility; and;
(vi) Pursue such other remedies as may be permitted by law, regulation, or this contract.
D. Unauthorized disclosure or other misuse of information protected by the Privacy Act of 1974 may result in a fine up to $5000 and /or other penalties. In addition, unauthorized disclosure or other misuse of information covered under the Federal Trade Secrets Act (18 USC 1905) may result in a fine, or imprisonment up to 1 year, or both.
E. The Contractor shall flow down this clause to subcontractors at all tiers.
7.4 RESTRICTIONS ON DISCLOSURE OF INFORMATION
Information made available to the contractor by the Government for the performance or administration of this effort shall be used only for those purposes and shall not be used in any other way without the written agreement of the Contracting Officer.
The contractor agrees to assume responsibility for protecting the confidentiality of Government records, which are not public information. Each contractor or employee of the contractor to whom information may be made available or disclosed shall be notified in writing by the contractor that such information may be disclosed only for a purpose and to the extent authorized herein.
The contractor shall not use, disclose, or reproduce proprietary data that bears a restrictive legend, other than as required in the performance of this effort. Nothing herein shall preclude the use of any data independently acquired by the contractor without such limitations or prohibit an agreement at no cost to the Government between the contractor and the data owner which provides for greater rights to the contractor.
The Contractor agrees not to release or disclose, verbally or in writing, information pertaining to the results or findings of work (including data collection, analyses, draft or final papers and reports) for the period of this contract without first notifying the COR in writing at least 21 days prior to the release or disclosure. At a minimum, the notification shall include: (1) who or what is generating the request for advance information; (2) when and how project results/information would be released; and (3) what information would be released.
7.5 POST AWARD ORGANIZATIONAL CONFLICT OF INTEREST
a. General: The Contractor shall have programs in place to identify, report, and mitigate actual and potential conflicts of interest for itself, its employees, subcontractors and consultants. The existence of such programs and the disclosure of known actual or potential conflicts are material performance requirements of this contract.
b. Disclosure: The Contractor shall report all actual and potential conflicts of interest pertaining to this contract to the Contracting Officer, including those that would be caused by a contemplated modification to this contact or another contract. Such reports shall be in writing (including by email).
Upon request, the Contractor shall respond to a Contracting Officer's request for an OCI mitigation plan.
c. Resolution: In the event the Contracting Officer determines that a conflict of interest exists, based on disclosure from the Contractor or from other sources, the Contracting Officer shall take action which may include, but is not limited to, requesting a mitigation plan from the Contractor, terminating part or all of the contract, modifying the contract or obtaining a waiver in accordance with applicable law, including FAR 9.503 as applicable.
SECTION 8- CLAUSES
8.1 FAR 52.203-98, Prohibition on Contracting with Entities that Require Certain Internal
Confidentiality Agreements – Representation (FEB 2015) (DEVIATION 2015-02)
(a) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.
(b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.
(c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.
(End of provision)
8.2 FAR 52.203-99, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (FEB 2015) (DEVIATION 2015-02)
(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.
(b) The contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.
(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.
(d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.
(2) The Government may seek any available remedies in the event the contractor fails to comply with the provisions of this clause.
8.3 FAR 52.212-3 Offeror Representations and Certifications—Commercial Items (JAN 2017)
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website accessed through http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (q) of this provision.
(a) Definitions. As used in this provision— “Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
“Forced or indentured child labor” means all work or service—
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
“Inverted domestic corporation”, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C.
395(c).
“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the
Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
“Sensitive technology”—
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
“Service-disabled veteran-owned small business concern”—
(1) Means a small business concern—
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.
“Small disadvantaged business concern”, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged
(as defined at 13 CFR 124.104) individuals who are citizens of the United States; and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
“Subsidiary” means an entity in which more than 50 percent of the entity is owned—
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
“Veteran-owned small business concern” means a small business concern—
(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.
“Women-owned small business concern” means a small business concern—
(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
“Women-owned small business (WOSB) concern eligible under the WOSB Program” (in accordance with 13
CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.
(b)(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAM website.
(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through http://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs
[Offeror to identify the applicable paragraphs at (c) through (q) of this provision that the offeror has completed for the purposes of this solicitation only, if any.
These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
Any…
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