17-233-SOL-00932.pdf
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Monograph and an accompanying webinar that describe best practices for psychiatrists treating justice involved populations with serious mental illness and serious substance abuse disorders in community care.
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17-233-SOL-00932
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
08/29/2017 SAM201063
1 45
7700 Wisconsin Avenue 8th Floor Bethesda MD 20857
DHHS/PSC/FMP/AMS
09/29/2017
Substance Abuse and Mental Health S
Substance Abuse and Mental Health S 1 Choke Cherry Road Room 8-1054
Rockville
MD 20852
301 492-4885Fredis Gomez
09/08/2017 1300 ET
FOB DESTINATION
OTHER
(See Schedule)X
ITEM NO.
(a)
SUPPLIES/SERVICES
(b)
QUANTITY
(c)
UNIT
(d)
UNIT PRICE
(e)
AMOUNT
(f)
The Department of Health and Human Services (DHHS), Administration,Substance Abuse and Mental Health Services Administration (SAMHSA), are requesting a Firm Fixed Price (FFP) quote for the purchase of a monograph and an accompanying webinar that describe best practices for psychiatrists treating justice involved populations.
1 FY17 Purchase Order best practices for psychiatrists treating justice involved populations in community care
Delivery: 09/29/2017
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)
SECTION 1 – SUPPLIES OR SERVICES AND PRICES/COSTS
1.1 BRIEF DESCRIPTION OF SERVICES
The Department of Health and Human Services (DHHS), Substance Abuse and Mental Health Services Administration (SAMHSA), requires the services of a contractor to acquire a monograph and an accompanying webinar that describe best practices for psychiatrists treating justice involved populations with serious mental illness and serious substance abuse disorders in community care.
1.2 TYPE OF ORDER
The Government contemplates award of a Firm Fixed Price Contract.
1.3 NON-SEVERABLE SERVICES
The services specified in this contract have been determined to be non-severable services - a specific undertaking or entire job with a defined end product of value to the Government.
SECTION 2 – DESCRIPTION OF SERVICES/STATEMENT OF WORK
2.1 TITLE
Best Practices for Psychiatrists Treating Justice Involved Populations in Community Care
2.2 BACKGROUND
Justice involved individuals in community care may be recently released from incarceration, under judicial supervision, or at risk of re-involvement with the justice systems. The intended audiences are practicing psychiatrists and students of psychiatry in medical schools. The dual aim of the report will be to encourage interest in working with this population as well as identifying special needs of the population and best practices to achieve recovery from serious mental illness (SMI) and substance abuse disorders (SAD). Due to intended audience and aim, the monograph and webinar should come from the perspective of psychiatrists with experience working with this population providing guidance to other psychiatrists.
2.3 SCOPE Requirements
A. General Requirements
1. Independently, and not as an agent of the Government, the contractor shall furnish the necessary personnel, facilities, equipment, materials and supplies, to satisfactorily perform the work set forth below.
2. All work under this project shall be monitored by the Contracting Officer Representative (COR) and the
Government Task Officer (GTO). The COR will have the right to approve the selection of any subcontractors selected to perform these tasks.
3. All materials produced under this project shall be the property of the Federal government, which includes the Center for Mental Health Services (CMHS) and the Substance Abuse and Mental Health Services Administration (SAMHSA). Any publication of research findings derived from work related to this contract shall prominently identify the financial support and partnership of CMHS and of SAMHSA in its development. SAMHSA or CMHS may utilize, print, or disseminate all such materials without further charge. No articles or publications which rely substantially on materials produced under this project shall be published by either party without prior consultation and approval.
B. Specific Requirements
Task 1: Submit an approved work plan.
The contractor shall develop and submit for review a draft work plan which articulates the scope of content to be included in the report, the sources to be used and the format of the report to be produced (i.e. how the report will be organized, what tables will be included, etc.) within two weeks of contract execution. The COR and GTO will review the draft work plan and will provide feedback. The contractor shall modify the draft work plan in response to comments provided by the COR and resubmit until final approval is obtained.
The contractor shall schedule monthly calls to be held with the COR within four weeks of contract execution, and prepare agendas that are sent to the COR at least one (1) day prior to the monthly call.
The contractor shall hold a virtual kickoff meeting with the COR, the GTO, and other relevant SAMHSA staff within three weeks of contract execution in order to determine the best approach and detailed content scope for accomplishing the tasks covered by this purchase order.
For planning purposes, the contractor shall assume the following regarding the monograph:
• The monograph will be formatted using the Publication Manual of the American Psychological Association.
• The monograph will contain the following elements:
o Best practices and/or approaches from psychiatrists who are successful (i.e., that lead to the client’s recovery) in working with justice involved populations in community care.
o Practices for recovery that would have the potential to be replicated.
o Concepts that may be included in medical schools that educate students about best practices of recovery working with justice involved populations in community care.
• Subtopics that may be included, based on the approved work plan could include:
o Identify the myths surrounding psychiatrists working with justice involved individuals.
o Medication and medication assisted treatment.
o Trauma issues, including increased exposure to trauma in justice settings.
o Understanding and navigating the criminal justice (CJ) system and community correctional health and behavioral health.
o Personal safety issues and concerns.
o Collaborative care approaches.
o Criminogenic risk.
o HIPAA and other information sharing protocols in justice settings.
Task 2: Submit an outline for COR review and approval for a 50-100 page monograph within 9 weeks of contract execution.
Task 3. Submit a list of 15 key informants and a list of draft interview questions for review and approval by the COR within 13 weeks of contract execution. Please note that no more than 9 persons total may be asked the same set of approved interview questions. Key informants may include:
• Researchers and behavioral health providers including psychiatrists, psychologists, social workers, case managers, peer specialists, etc.
• Psychiatrists selected need to be members of an accredited professional organization.
• Have worked with people with mental health and/or substance abuse disorders who were involved in the CJ setting in a community setting(s).
• At least one key informant with lived experience in behavioral health services and the CJ system.
Key informants will be needed at different times and for different roles throughout the contract period of performance. Assume a rate of $500/day. Key informants should be used for the following:
• Providing expertise to inform the monograph.
• Virtually review the first draft of the monograph.
• Virtually review the second draft of the monograph, with added graphics.
• Virtually review the webinar content.
Task 4. Complete half of the approved key informants by phone or other virtual method and submit a summary of each of the completed interviews to the COR for review and approval within 18 weeks of contract execution.
Task 5. Prepare and submit a 50-100 page draft monograph (double spaced typed, 12 point Times
Roman font, 1” margins) for COR review and approval within 26 weeks of contract execution.
Submit a corresponding draft concept clearance form (HHS-615) and justification for COR review and approval along with the draft monograph.
Task 6. Prepare and submit a second draft monograph to the COR for feedback and approval within 30 weeks of contract execution. The second draft shall integrate input from the COR as well as input from 3 key informants who are representative members of the American Psychiatric Association. The second draft shall contain graphics and will be presented in the approved design format.
Task 7. Prepare and submit a draft webinar plan within 35 weeks of contract execution. The plan shall be sent to the COR and any key informants assigned to this task. The contractor shall convene the COR and key informant(s) involved in this review by phone for review and approval. The draft webinar plan shall include documents that appropriately convey all of the below information, at a minimum:
• Date/time of the webinar. (Assume 500 attendees)
• The platform to be used.
• An overview of what information will be presented.
• An overview of how the information will be presented.
• A marketing plan for the webinar including the timeline for preparing and advertising this webinar.
The webinar must:
• Be able to accommodate up to 500 people.
• Be recorded and captioned so that it can be archived.
• Contain appropriate graphics that add to the webinar’s effectiveness.
• Be 508 compliant.
Task 8. Submit the final approved draft monograph draft to the COR for review and approval within 39 weeks of contract execution. The contractor shall modify the final monograph in response to comments provided by the COR and resubmit until final approval is obtained.
Task 9. Submit for COR review and approval the final content clearance form (HHS-615) and justification, the final marketing plan for the monograph, and the webinar slides within 43 weeks of contract execution.
Task 10. Complete remaining interviews by phone or other virtual method and submit a summary of each of the completed interviews to the COR for review and approval within 45 weeks of contract execution.
Task 11. Deliver the webinar within 48 weeks of contract execution. The contractor shall submit a brief 2-
3 page summary report for COR review and approval that provides details on the completed webinar including, at a minimum, the number of attendees, questions from the audience, and recommended changes, if any, to improve the final monograph and/or its marketing strategy.
Task 12. Submit the final, approved monograph in 508 compliant format within 50 weeks of contract execution.
2.4 EVALUATION CRITERIA
The criteria identified below will serve as the standard against which the technical qualifications and capabilities will be evaluated and identifies the significant factors which the Respondent should address in its response. The evaluation of the responses shall be based upon the completeness and thoroughness of the response submitted. The following criteria will be used to technically evaluate responses and shall be weighted as indicated in establishing a numerical rating (maximum of 100 points obtainable) for all technical qualifications and capabilities submitted.
The factors on the following pages will be used to technically evaluate responses and will be weighted as indicated in establishing a numerical rating for all technical volumes submitted:
Factor 1 – Understanding the Problem = 15 Points Factor 2 – Technical Approach = 35 Points Factor 3 – Management/Utilization of Resources = 15 Points Factor 4 – Corporate and Key Personnel = 35 points
Factor 1 – Understanding the Problem (15 Points)
The response will be evaluated based on the background and objectives provided in the Statement of Work. The response should demonstrate a thorough understanding of the literature on this topic, the ability to articulate the scope of the deliverables and the importance of understanding and articulating the best practices for psychiatrists treating justice involved populations with serious mental illness and substance abuse disorders in community care both via writing and by webinar.
Factor 2 – Technical Approach (35 Points)
The response will be evaluated on clarity, feasibility, thoroughness, and reasonableness of the approach to satisfy the objectives stated in the Statement of Work. The technical approach should address how the respondent will accomplish the required tasks.
Factor 3 – Management/Utilization or Resources (15 Points)
The response should demonstrate ability to schedule, monitor, and track tasks, logistics, and management of meetings, interviews, consultant agreements, production of resources including webinars, materials, and products, and ability to coordinate with the SAMHSA COR.
Factor 4 – Corporate and Key Personnel (35 Points)
The response should indicate the adequacy of proposed staff to implement the requirements of the Statement of Work with specific evidence of qualifications, availability, competence, and experience of the staff in producing this scope of work. Key personnel should possess relevant education and experience in reviewing literature, recruiting and interviewing key informants including people with lived experience, and producing deliverables which will be effective in targeting the intended audience of psychiatrists and students of psychiatry. The respondent also should demonstrate a proven track record in executing tasks. Management plans should be sound, feasible and show clear lines of authority and responsibility with quality control procedures. The respondent should demonstrate significant experience and previous success in completing similar tasks on complex issues. The respondent should demonstrate strong previous experience in the interface of criminal justice and behavioral health in the community.
2.4 PRICE EVALUATION
The Government will award a contract resulting from this RFQ to the responsible contractor whose offer conforming to the RFQ will be most advantageous to the Government, price and other factors considered.
2.5 RESPONSIBILITY
To be eligible for an award, contractor must be determined responsible in accordance with the standards in FAR 9.104.
2.5 BASIS OF AWARD
Evaluation will be based on best value (IAW Section 2).
SECTION 3 – PACKAGING AND MARKING
3.1 MARKING
All information and deliverables shall be delivered to the address shown in Section 5.2 entitled - Place of Delivery - and shall be marked as follows:
1. Name and address of the Contractor;
2. Contract Number and Task Order 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.
SECTION 5- DELIVERIES OR PERFORMANCE
5.1 PERIOD OF PERFORMANCE
The term of the contract shall be from September 30, 2017 – September 29, 2018
5.2 CONSIDERATION AND PAYMENT
The total fixed price of this contract/order is $_____________. Payments shall be made upon the delivery and acceptance of each item listed in Section 5 in accordance with the following payment schedule:
THE CHART IS FOR BUDGETARY PURPOSE ONLY.
Estimated
Units Unit Cost
Total Cost
Contractor Cost $ $ Project Director 200 hours $ $ Editor 200 hours $ $ Writer/Researcher 500 hours $ $ Graphic Designer 170 hours $ $ Web Specialist 125 hours $ $ Communication Specialist 200 $ $ Key Informant Honorarium 15 people $ $ IT Costs (Webinar, telephone, fax, conference calls)
TOTAL PROJECT BUDGET $
The invoices must be submitted to the COR for approval prior to payment. For final product, one hard copy and one electronic copy in Microsoft Word format of all materials will be delivered to the COR.
Payment Schedule
ITEM TASK DELIVERY TIME COST
Task 1 Kickoff meeting held and work plan approved.
1-4 weeks after the start of the contract %8
Task 2 Outline submitted and approved.
4 - 9 weeks after the start of the contract %8
Task 3 Key Informants proposed and approved.
8 - 13 weeks after the start of the contract %8
Task 4
Conduct half of the key informant interviews and submit approved summary report.
13 - 18 weeks after the start of the contract %8
Task 5
Submit 50-100 page draft monograph, along with a corresponding draft concept clearance form (HHS-615) and justification
23 - 26 weeks after the start of the contract %8
Task 6 Submit second draft of the monograph, with graphics.
26 - 30 weeks after the start of the contract %8
Task 7 Submit draft webinar plan 30 - 35 weeks after the start of the contract %8
Task 8 Submit final draft of monograph
35 - 39 weeks after the start of the contract %8
Task 9 Submit final content clearance form and justification, marketing plan and webinar
39 - 43 weeks after the start of the contract %8 slides for approval.
Task 10
Conduct remaining key informant interviews and submit approved summary report.
43 – 45 weeks after the start of the contract %8
Task 11 Conduct webinar and submit summary report.
43 - 48 weeks after the start of the contract %10
Task 12 Submit approved monograph in 508 compliant format.
48 - 50 weeks after the start of the contract %10
Contract Ends 52 weeks after the start of the contract %100
5.3 PLACE OF PERFORMANCE
The contractor’s work will generally be performed at their premises.
5.4 IT SECURITY LEVEL
Level One, no clearance required
SECTION 6- CONTRACT ADMINISTRATION DATA
6.1 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): TBD
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 Task Order number, and the number of invoices. The Contractor shall send one email per Task Order per month. The email may have multiple invoices for the Task Order. 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 Task Order 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:
mailto:pscsas.invoices@psc.hhs.gov mailto:judith.zivic@hhs.gov mailto:psc_invoices@psc.hhs.gov
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 Task Order to receive invoices. An invoice must include:
(i) Name and address of the Contractor;
(ii) Invoice date and number;
(iii) Contract number, Task Order number;
(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;
(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;
(vi) Terms of any discount for prompt payment offered;
(vii) Name and address of official to whom payment is to be sent;
(viii) Name, title, and phone number of person to notify in event of defective invoice; and
(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this Task Order.
(x) Electronic funds transfer (EFT) banking information.
(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this Task Order.
(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.
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."
SECTION 7- SPECIAL CONTRACT REQUIREMENTS
7.1 PROHIBITION AGAINST PERSONAL SERVICES
The Contractor shall not perform personal services under this contract. Contractor personnel are employees of the Contractor or its subcontractors and are under the administrative control and supervision of the Contractor.
A Contractor supervisor must give all individual Contractor employee assignments and daily work direction.
The Government will not supervise or direct Contractor employees in the performance of their assignments. If at any time the Contractor believes that any Government action or communication has been given that would create a personal service relationship between the Government and any Contractor employee, the contractor shall promptly notify the Contracting Officer of this communication or action. The Contractor shall not perform any inherently-governmental functions under this contract. No Contractor employee shall represent or give the appearance that he/she is a Government employee, agent or representative. No Contractor employee shall state orally or in writing at any time that he or she is acting on behalf of the Government. The Contractor is responsible for ensuring that all employees assigned to this contract understand and are committed to following these requirements.
7.2 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 quote 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.
7.3 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.
7.4 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 52.252-2 Clauses Incorporated By Reference. (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address (es):
FEDERAL ACQUISITION REGULATION (FAR) CONTRACT CLAUSES
FAR - https://acquisition.gov/far/current/html/FARMTOC.html Clause No. Title and Date FAR 52.212-1 Instructions to Offerors - Commercial Items (Jan 2017) FAR 52.212.4 Contract Terms and Conditions - Commercial Items (Jan 2017)
HHS ACQUISITION REGULATION (HHSAR) CONTRACT CLAUSES
HHSAR - http://www.hhs.gov/regulations/hhsar/index.html Clause No. Title and Date HHSAR 352.202-1 Definitions (JAN 2006)
HHSAR 352.203-70 ANTI-LOBBYING (DEC 2015)
HHSAR 352.222-70 Contractor Cooperation in Equal Employment Opportunity
Investigations (DEC 2015)
8.2 FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)
(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.
(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.
(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.
8.3 FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (JAN 2017)
(1) As prescribed in 12.301(b)(4), insert the following clause:
(2) Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial
Items (Jan 2017)
(3) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
https://acquisition.gov/far/current/html/FARMTOC.html http://www.hhs.gov/regulations/hhsar/index.html
(4) (1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements
(Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(5) (2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(6) (3) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(7) (4) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 108-77 and
108-78 (19 U.S.C. 3805 note)).
(8) (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting
Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(9) [Contracting Officer check as appropriate.]
(10) __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with
Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
(11) __ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C.
3509)).
(12) __ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment
Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
(13) _X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).
(14) __ (5) [Reserved].
(15) __ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
(16) __ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts
(Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
(17) _X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors
Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).
(18) __ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters
(Jul 2013) (41 U.S.C. 2313).
(19) __ (10) [Reserved].
(20) __ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15
U.S.C. 657a).
(21) __ (ii) Alternate I (Nov 2011) of 52.219-3.
(22) __ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business
Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
(23) __ (ii) Alternate I (Jan 2011) of 52.219-4.
(24) __ (13) [Reserved]
(25) __ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).
(26) __ (ii) Alternate I (Nov 2011).
(27) __ (iii) Alternate II (Nov 2011).
(28) __ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
(29) __ (ii) Alternate I (Oct 1995) of 52.219-7.
(30) __ (iii) Alternate II (Mar 2004) of 52.219-7.
(31) __ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and
(3)).
(32) __ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637(d)(4)).
(33) __ (ii) Alternate I (Nov 2016) of 52.219-9.
(34) __ (iii) Alternate II (Nov 2016) of 52.219-9.
(35) __ (iv) Alternate III (Nov 2016) of 52.219-9.
(36) __ (v) Alternate IV (Nov 2016) of 52.219-9.
(37) __ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).
(38) __ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).
(39) __ (20) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C.
637(d)(4)(F)(i)).
(40) __ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov
2011) (15 U.S.C. 657 f).
(41) __ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.
632(a)(2)).
(42) __ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically
Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).
(43) __ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small
Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).
(44) _X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
(45) __ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016) (E.O.
13126).
(46) _X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(47) _X_ (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).
(48) __ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).
(49) _X_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.
793).
(50) __ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
(51) __ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act
(Dec 2010) (E.O. 13496).
(52) __ (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and
E.O. 13627).
(53) __ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(54) __ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989).
(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
(55) __ (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).
(56) Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.
(57) __ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016).
(58) __ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated
Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
(59) __ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
(60) __ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential
Hydrofluorocarbons (Jun 2016) (E.O. 13693).
(61) __ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and
Air Conditioners (Jun 2016) (E.O. 13693).
(62) _X_ (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014)
(E.O.s 13423 and 13514).
(63) __ (ii) Alternate I (Oct 2015) of 52.223-13.
(64) __ (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).
(65) __ (ii) Alternate I (Jun 2014) of 52.223-14.
(66) __ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C.
8259b).
(67) __ (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct
2015) (E.O.s 13423 and 13514).
(68) __ (ii) Alternate I (Jun 2014) of 52.223-16.
(69) _X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving
(Aug 2011) (E.O. 13513).
(70) __ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
(71) __ (46) 52.223-21, Foams (Jun 2016) (E.O. 13693).
(72) __ (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
(73) __ (ii) Alternate I (JAN 2017) of 52.224-3.
(74) __ (48) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).
(75) __ (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (May 2014)
(41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C.
4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
(76) __ (ii) Alternate I (May 2014) of 52.225-3.
(77) __ (iii) Alternate II (May 2014) of 52.225-3.
(78) __ (iv) Alternate III (May 2014) of 52.225-3.
(79) _X_ (50) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
(80) __ (51) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
(81) __ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(82) __ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.
5150).
(83) __ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
(84) __ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
(85) __ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
(86) __ (57) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).
(87) __ (58) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award
Management (Jul 2013) (31 U.S.C. 3332).
(88) __ (59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
(89) __ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
(90) __ (61) 52.242-5, Payments to Small Business Subcontractors (Jan 2017)(15 U.S.C. 637(d)(12)).
(91) __ (62)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006)
(46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).
(92) __ (ii) Alternate I (Apr 2003) of 52.247-64.
(93) (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(94) [Contracting Officer check as appropriate.]
(95) __ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).
(96) _X_ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).
(97) _X_ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
(98) __ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price
Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
(99) __ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
(100) __ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (May 2014) (41 U.S.C. chapter 67).
(101) __ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (May 2014) (41 U.S.C. chapter 67).
(102) __ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
(103) __ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(104) __ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42
U.S.C. 1792).
(105) __ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).
(106) (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.
(107) (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(108) (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(109) (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(110) (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(111) (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
(112) (ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or
Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.
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