Final_Solicitation.pdf
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- CDC Global Violence
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- 18-233-SOL-00823
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SECTION B - Supplies or Services and Prices/Costs
B.1 BRIEF DESCRIPTION OF SERVICES
The Centers for Disease Control and Prevention (CDC) is looking for a contractor to support the Forum on Global Violence Prevention, placing the emphasis on violence prevention in low- and middle-income countries.
B.2 TYPE OF CONTRACT
Cost Reimbursable.
B.3 NONSEVERABLE 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.
B.4 CONSIDERATION AND PAYMENT
In consideration of performance of the non-severable work described in Section C, the Contractor shall be reimbursed a total amount not to exceed $TBD, for all reasonable costs, allowable costs, and allocable costs under this cost reimbursement contract. The contractor is required to provide backup detail for pricing of each of the Tasks in Section C and then a summary of each of those tasks to provide a final total price.
C. DESCRIPTION OF SERVICES TO BE PROVIDED
Title of Project: Global Violence Forum (aka Forum on Global Violence Prevention)
C.1 Background and Need -
No country is immune to the devastating physical and emotional effects of violence. Each year, it results in over 1.6 million deaths worldwide -- 96% of which occur in low- and middle-income countries. Violence is among the leading causes of death in all parts of the world for those ages 15 to 44. Half of those deaths can be attributed to suicide and collective violence resulted in one-fifth of the lives lost.. For every death, non-fatal injuries due to violence lead to dozens of people hospitalized, hundreds of emergency department visits and thousands of doctors’ appointments.
Over and above these deaths and injuries, some highly prevalent forms of violence (such as child maltreatment and intimate partner violence) have numerous non-injury health consequences, including high-risk behaviors such as alcohol and substance misuse, smoking, unsafe sex, eating disorders and the perpetration of violence, and via these risk behaviors contribute to such leading causes of death as cardiovascular disorders, cancers, depression, diabetes and HIV/AIDS.
Although the negative effects of violence are felt by all, violence also disproportionately affects the development of low- and middle-income countries. In poorer countries the economic and social impacts of violence can be very severe in terms of slowing economic growth, undermining personal and collective security, and impeding social development. Ninety percent of violence across the globe occurs in developing countries. Citizens of poor countries suffer violence at twice the rate of people in rich countries. It takes a human toll in lives lost, but violence also takes an economic toll. The Inter-American Bank in 1996 studied the cost of violence in six countries and found violence to cost up to 5% of GDP in Columbia.
Developed nations have had decades to develop programs that prevent or mitigate violence. Richer countries possess the tools of epidemiology, surveillance, analysis of risk and protective factors, program design and evaluation, and access to media channels and government public information channels. These tools and the resources to use them are not easily available in the developing world. In all forms of violence cited above, U.S.-based researchers and practitioners work to prevent violence. To complement traditional criminal justice approaches, the strengths of incorporating public health, prevention-oriented approaches to reducing violence are increasingly becoming evident. Epidemiologic risk factors for violence can be identified and preventive interventions targeted and iteratively improved to address child abuse, youth violence, sexual and intimate partner violence, elder abuse, collective violence, and self-directed violence.
C.2 Project Objective -
The purpose of this contract is to support the development and implementation of a Global Violence Prevention Forum, to provide a core group of domestic and international governmental and private sector stakeholders a mechanism for the multidisciplinary exchange of information and ideas concerning violence prevention, especially in low-income and middle-income countries; to clarify policy, research, and practice priorities worthy of further study or investment; and to educate the public and its leaders on the scientific basis and public health needs pertinent to global violence prevention through workshops and reports.
C.3 Scope of Work –
To address this issue in a comprehensive way, the purpose of this acquisition is to support the Forum on Global Violence Prevention, placing the emphasis on violence prevention in low- and middle-income countries. This acquisition focuses on supporting the implementation of a workshop of the Forum, in Washington, D.C. and the development of workshop proceedings.
The Forum is composed of 20 to 25 appointed individuals drawn from a range of US and foreign governmental agencies, international organizations, academia, foundations, and affected industries. The selected members would have suitable expertise to help guide discussions in this broad area and contribute papers to the workshop proceedings. The expertise would be determined and reviewed at an annual planning meeting by a core group of leadership in the Forum. Once a year, the Forum would convene a public, expert workshop on a range of cross-cutting global violence prevention issues. Previous workshops have included topics such as Elder Abuse, the Evidence for Violence Prevention, Contagion of Violence, Communication and Technology for Violence Prevention, Social and Economic Costs, and Violence against Women and Children. This event would bring together leading violence prevention researchers and practitioners for the purpose of raising awareness about the problem and developing solutions.
The proceedings would be summarized in a series of workshop reports.
The expected outcome would be an increased awareness of violence prevention efforts and a community of funders and other agents for action informed by cutting edge scientific evidence on how to advance integrated approaches to violence prevention.
C.4 Technical Requirements –
The tasks to be performed by the Contractor include the following:
1. The contractor shall organize one (1) public, expert workshop on specific global violence prevention issues. The contractor shall provide meeting space, writer/editor, logistical support and other programmatic support as needed to implement the workshop. Possible topics include:
• The economic costs of interpersonal violence
• Interpersonal violence as a issue for business
• The association of violence and HIV infection
• The association of violence and international travel
• The impact of violence on development
• The mental health cost of violence
• Violence and the media
• Geographic disparities in violent behavior
• Intergroup and ethnic violence
• The effect of the social and physical environment on violence
• Emergency response to interpersonal violence
• Surveillance systems for interpersonal violence
• Legal innovations around the world for mitigating violence
• Mitigating the role of alcohol and drugs in violence
• Preventing school-associated violence
• Effective school-based interventions to mitigate violence
• Access to deadly items as a risk factor for violence
• Violence and gender inequality
• Criminal justice: what works in violence prevention
• Evaluation of violence-prevention programs
• Models of violence prevention for the mega-city setting
• Changing cultural norms that support violence
• Mitigating tribal conflict and associated violence
• Lessons learned in the scale-up of violence prevention programs
• Innovative partnerships for violence prevention
2. The contractor shall manage the summary writing process of the expert workshop and produce a publication of workshop proceedings within eight months of the meeting.
3. The contractor shall participate on conference calls with CDC, as needed, to fulfill the requirement of this task order.
4. The contractor shall produce fact sheets and other types of summary documents summarizing the findings of past workshops in order to highlight key findings of the forum.
C.5 Reporting Schedule – The contractor shall communicate via conference call or written report with CDC and other funders monthly or on a timeline set with CDC and the contractor.
C.6 Special Considerations –
Contractor performance and resulting deliverables must adhere to all federal, HHS, and CDC IT security and privacy policies, standards and procedures.
The following HHS FAR IT security clauses may apply based on the Contractor’s technical proposal to support the stated requirements. The clauses may be found at:
http://www.hhs.gov/policies/hhsar/subpart352-30s.html.
• 352.239-70 Standard for security configurations.
• 352.239-71 Standard for encryption language. Note per OMB and CDC requirements, any/all portable media (CD, DVD, USB drives, etc.) and mobile devices (laptops, tablets, etc.) used for administration and data collection/transfer must be encrypted. (this applies even if the information is not sensitive or otherwise protected)
• 352.239-72 Security requirements for federal information technology resources. Note contractor must support security authorization process as required by CDC in accordance with this HHS FAR Section.
The contractor must protect the confidentiality of proprietary, sensitive, and Personally Identifiable Information (PII).
http://www.hhs.gov/policies/hhsar/subpart352-30s.html
Use of any third-party / social media sites must be approved, and compliant with HHS and CDC policies, procedures and best practices (including security and privacy) such as those found at:
http://www.hhs.gov/web/socialmedia/ and http://www.cdc.gov/SocialMedia/Tools/guidelines/.
Section 508 of the Rehabilitation Act (29 USC 794d) Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), as amended by the Workforce Investment Act of 1998, and the Architectural and Transportation Barriers Compliance Board Electronic and Information (EIT) Accessibility Provisions (36 CFR part 1194), require that, unless an exception applies, all EIT products and services developed, acquired, maintained, or used by any Federal department or agency permit:
(1) Federal employees with disabilities to have access to and use information and data that is comparable to the access and use of information and data by Federal employees who are not individuals with disabilities; and
(2) Members of the public with disabilities seeking information or services from a Federal agency to have access to and use of information and data that is comparable to the access and use of information and data by members of the public who are not individuals with disabilities.
Accordingly, any vendor submitting a proposal/quotation/bid in response to this solicitation must demonstrate compliance with the established EIT accessibility provisions. Information about Section 508 provisions is available at http://www.section508.gov/. The complete text of Section 508 Final Provisions can be accessed at http://www.access- board.gov/sec508/provisions.htm.
The Section 508 standards applicable to this solicitation are identified in the Statement of Work/Specification/Performance Work Statement. In order to facilitate the Government’s evaluation to determine whether EIT products and services proposed meet applicable Section 508 accessibility standards, offerors must prepare an HHS Section 508 Product Assessment Template, in accordance with its completion instructions, and provide a binding statement of conformance. The purpose of the template is to assist HHS acquisition and program officials in determining that EIT products and services proposed support applicable Section 508 accessibility standards. The template allows vendors or developers to self-evaluate their products or services and document in detail how they do or do not conform to a specific Section 508 standard.
Instructions for preparing the HHS Section 508 Product Assessment Template may be found at http://508.hhs.gov.
Respondents to this solicitation must also provide any additional detailed information necessary for determining applicable Section 508 standards conformance, as well as for documenting EIT products and/or services that are incidental to the project, which would constitute an exception to Section 508 requirements. If a vendor claims its products and/or services, including EIT deliverables such as electronic documents and reports, meet applicable Section 508 standards in its completed HHS Section 508 Product Assessment Template, and it is later determined by the Government – i.e., after award of a contract/order, that products and/or services delivered do not conform to the described accessibility in the Product Assessment Template, remediation of the products and/or services to the level of conformance specified in the vendor’s Product Assessment Template will be the responsibility of the Contractor at its expense.
http://www.section508.gov/ http://www.access-board.gov/sec508/provisions.htm http://508.hhs.gov/
The applicable provisions of this solicitation are:1194.22, .31, and .41.
C.7 Government Furnished Property N/A
C.8 References –
Governing Laws, Guidelines or Requirements:
Federal laws and guidelines that may have major impact on the requirements of this SOW include:
• Federal Section 508 Laws and Guideline http://www.access-board.gov/508.htm
• Federal Information Security Management Act of 2002 (FISMA).
http://csrc.nist.gov/groups/SMA/fisma/index.html
• The Privacy Act of 1974 - adequate administrative, operational, and technical security controls must be implemented to prevent unauthorized access to or disclosure of any personally identifiable information (PII) that will be accessed by the contractor http://www.hhs.gov/foia/privacy/index.html
• Paperwork Reduction Act (PRA) http://www.hhs.gov/ocio/policy/collection/index.html
• E-Government Act of 2002 http://www.archives.gov/about/laws/egov-act-section-207.html
• CDC Information Technology Guidelines (May be made available upon request after execution of a CDC/HHS Non-disclosure Agreement)
• CDC Web Template Guidelines http://www.cdc.gov/healthcommunication/ToolsTemplates
• CDC Social Media Guidelines http://www.cdc.gov/SocialMedia/Tools/guidelines/index.html
• Other guidelines as produced and sanctioned by the CDC.gov web Council and the CDC Social Media Council http://www.cdc.gov/healthcommunication/index.html
• Office of Management and Budget (OMB), National Institute of Standards and Technology (NIST), and General Accounting Office (GAO) policies that can be primarily found at or through the Federal CIO Council website at http://cio.gov
• NCEH/ATSDR Information Resources Governance Board See CDC/HHS Enterprise Performance Life Cycle {EPLC} http://www2a.cdc.gov/cdcup/library/other/eplc.htm http://www.access-board.gov/508.htm http://csrc.nist.gov/groups/SMA/fisma/index.html http://www.hhs.gov/foia/privacy/index.html http://www.hhs.gov/ocio/policy/collection/index.html http://www.archives.gov/about/laws/egov-act-section-207.html http://www.cdc.gov/healthcommunication/ToolsTemplates http://www.cdc.gov/SocialMedia/Tools/guidelines/index.html http://www.cdc.gov/healthcommunication/index.html http://cio.gov/ http://www2a.cdc.gov/cdcup/library/other/eplc.htm
Deliverables – Deliverable Task Quantity Due Date A. Pre-publication document of workshop
1-2 Within 6 months of workshop
B.. Workshop Proceedings – 2 hard copies to
CDC
Within 8-9 months after workshop
D. PACKAGING
Packages shall be clearly marked in accordance with normal commercial practices to ensure safe delivery to their destination. In addition, all packages shall be marked as follows:
1. Name of Contractor;
2. Order Number;
3. Description of items contained therein;
4. Consignee’s name and address.
E. INSPECTION AND ACCEPTANCE
As set forth in the BOA.
F. PERIOD OF PERFORMANCE/DELIVERABLE/ACTIVITY SCHEDULE
F.1. Period of Performance will be from September 15, 2018 to September 14, 2019.
F.2. Place of Performance
Performance will be on vendor site.
F.3. Observance of Federal Holidays
Deliverables due on a Saturday, Sunday, or the following Federal holidays shall be due on the following business day.
1. New Year’s Day 1 January
2. Martin Luther King’s Birthday 3rd Monday in January
3. President’s Day 3rd Monday in February
4. Memorial Day Last Monday in May
5. Independence Day 4 July
6. Labor Day 1st Monday in September
7. Columbus Day 2nd Monday in October
8. Veteran’s Day 11 November
9. Thanksgiving Day 4th Thursday in November
10. Christmas Day 25 December
G. CONTRACT ADMINISTRATION DATA
G.1 Method of Payment
The contractor shall use the invoicing procedures as specified in G.1.1- Invoice Procedures in the BOA, HHSP233201400020B, and detailed below:
G.1.1. Invoice Procedures
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. DAM mailbox: pscs.invoices@psc.hhs.gov. *
2. Financial Management Service (FMS): psc.invoices@psc.hhs.gov.*
3. COR-
4. Contract Specialist: Kristine.Zechman@psc.hhs.gov
* No other non-invoice related documents (i.e. deliverables, reports, balance statements) shall be sent to the DAM and FMS mailboxes, invoices only.
The subject line of your email invoice submission shall contain the contract number, contract line item number, the order number, if applicable, and the number of invoices. The Contractor shall send one email per contract per month. The email may have multiple invoices for the contract. Invoices must be in the following formats: PDF, TIFF, or Word. No Excel formats will be accepted. The electronic file cannot contain multiple invoices; example, 10 invoices requires 10 separate files (PDF or TIFF or Word).
Invoices shall be submitted in accordance with the contract terms, i.e. payment schedule, progress payments, partial payments, deliverables, etc.
All calls concerning contract payment shall be directed to the COR.
In accordance with FAR 52.232-25 Prompt Payment, a proper invoice must include the following items:
(i) Name and address of the contractor.
(ii) Invoice date and invoice number. (Contractors should date invoices as close as possible to the date of mailing or transmission.)
(iii) Contract number or other authorization for supplies delivered or services performed (including order number and contract line item number).
(iv) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed.
(v) Shipping and payment terms (e.g., shipment number and date of shipment, discount for prompt payment terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading.
(vi) Name and address of contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).
(vii) Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice.
(viii) Taxpayer Identification Number (TIN) and Dun & Bradstreet Number (DUNS).
The contractor must include its TIN and DUNS on the invoice.
(ix) Electronic funds transfer (EFT) banking information.
(A) The contractor must include EFT banking information on the invoice only if required by agency procedures.
(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 must have submitted correct EFT banking information in accordance with the applicable solicitation provision (e.g., 52.232-38, Submission of Electronic Funds Transfer Information with Offer), 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.
(x) Any other information or documentation required by the contract (e.g., evidence of shipment).
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.
G.2 Minimum Cost Information for Cost Reimbursement Contracts
a. The Contractor shall provide a summary page showing the cost breakdown by element. The Contractor shall also provide a cost breakdown by element by task. The following minimum information in support of costs submitted:
i. Direct Labor - include all persons, listing the person’s name, title, number of hours worked, hourly rate, the total cost per person and a total amount for this category;
ii. Fringe Costs - show rate, base and total amount;
iii. Overhead or Indirect Costs - show rate, base and total amount;
iv. Consultants - include the name, number of days or hours worked, daily or hourly rate, a total amount per consultant and a total amount for this category;
v. Travel - include for each airplane or train trip taken the name of the traveler, date of travel, destination, the transportation costs include ground transportation shown separately and the per diem costs. Other travel costs shall also be listed. A total amount for this category shall be provided;
vi. Subcontractors - include, for each subcontractor, the same data as is being provided for the prime Contractor. A total amount for this category shall be provided;
vii. Data Processing - include all non-labor costs, i.e., computer time, equipment purchase, lease or rental, data tapes. A total amount for this category shall be provided;
viii. Other Direct Costs - include a listing of all other direct charges to the contract, i.e., office supplies, telephone, equipment rental, duplication, postage;
ix. G&A – show rate, base and total; and
x. Fee - show rate, base and total.
G.3 Authorities of Government Personnel
Notwithstanding the Contractor's responsibility for total management during the performance of this contract, the administration of this task order 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 task order:
G.3.1 Contract Administration
All communications pertaining to contractual and/or administrative matters under the task order shall be addressed to the Contract Specialist.
Contract Specialist
Name: Kristine Zechman Address: Contract Specialist, Acquisition Management Services Program Support Center U.S. Department of Health and Human Services 7700 Wisconsin Avenue Bethesda, Maryland 20857 Phone: (703) 995-9329 Email: Kristine.Zechman@psc.hhs.gov
Contracting Officer Name: Sam Layton Address: 350 Main Street Salt Lake City, Utah 84111 Phone: 385-285-7381 Email: Samuel.Layton@psc.hhs.gov
G.3.2 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 in individual orders, or a representative designated in writing. The term “technical direction” includes, without limitation, filling 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:
i. Constitutes a change of assignment or additional work outside the specification(s)/statement of work;
ii. Constitutes a change as defined in the clause entitled “Changes”;
iii. In any manner causes an increase or decrease in the contract price, or the time required for contract performance;
iv. Changes any of the terms, conditions, or specification(s)/work statement of the contract;
v. Interferes with the contractor's right to perform under the terms and conditions of the contract; or mailto:Samuel.Layton@psc.hhs.gov
vi. 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 workdays, with a copy to the Contracting Officer.
d. The contractor shall proceed promptly with performance resulting from the technical direction issued by the Contracting Officer’s Representative. If, in the opinion of the contractor, any direction of the Contracting Officer’s Representative, or his/her designee, falls within the limitations in (b), above, the contractor shall immediately notify the Contracting Officer no later than the beginning of the next Government work day.
e. Failure of the contractor and the Contracting Officer to agree that technical direction is within the scope of the contract shall be subject to the terms of the clause entitled “Disputes.”
G.3.3 Contracting Officer’s Representative (COR):
Ericka Lowe – CDC/ONDIEH/NCIPC/DVP
G.4 Government Furnished Property, Equipment and Materials
None.
G.5 Travel and Other Costs
The Contractor shall be reimbursed for all domestic travel as described below, incurred directly, and specifically in the performance of this contract, claimed by the Contractor, accepted in writing prior to incurring any costs, by the Contracting Officer and the Contracting Officer’s Representative (COR and CO) and not exceeding:
a. Cost of air travel by most direct route. “Air coach” or “Air tourist” accommodations on prop or jet aircraft constitutes the normal class of air travel, which shall be utilized.
First-class accommodations may be used if (1) less than first-class is not available providing reservation was requested within 24 hours after the traveler had knowledge of the trip; (2) less than first-class requires circuitous routing; (3) less than first-class requires travel to begin or end at unreasonable hours (i.e., if scheduled flight time is before 8:00 a.m. and schedule arrival is after 9:00 p.m.); (4) less than first-class would result in additional direct costs which would offset the transportation savings; or (5) less than first-class will not make connections with other flights or means of transportation for continuation of the journey.
b. Cost of rail travel by most direct route, first-class with lower berth or nearest equivalent.
c. Travel by motor vehicle including rented automobile shall be reimbursed on a reasonable actual expense basis, or at the Contractor’s option, on a mileage basis at the current rate shown in the GSA Federal Travel Regulation, plus any toll or ferry charges.
d. Reasonable subsistence not in excess of actual itemized expenses not to exceed the ceiling in the Federal Travel Regulations in effect at the time of incurred cost.
G.6 Contractor Performance Assessment Report
During the life of this agreement, Contractor performance will be evaluated on an interim and final basis pursuant to FAR Subpart 42.15. The Contractor Performance Assessment Reporting System (CPARS) will be utilized for these reviews. Information on CPARS can be located at http://www.cpars.gov. The ordering Contracting Officer will evaluate Contractor performance on each individual order.
G.7 Printing and Duplicating/Copying
The terms “printing” and “duplicating/copying” are defined in the Government Printing and Binding Regulations of the Joint Committee on Printing, CFR Title 44. The regulations can be access at http://www.gpo.gov/pdfs/customers/sfas/jcpregs.pdf.
Printing:
No printing by the Contractor or any subcontractor is authorized under this contract. All printing required hereunder must be performed by the Government Printing Office, in accordance with CFR Title 44; Public Law 102-392, as amended by H.R. 4454; and The Legislative Branch Appropriations Act 2995. The Contractor shall complete Form HHS 26 and submit it along with all camera-ready copies to the Contracting Officer’s Representative (COR).
Duplicating/Copying:
If necessary for performance of the contract, the Contractor may duplicate or copy less than 5,000 production units of only one page, or less than 25,000 production units in aggregate of multiple pages for the use of a department or agency. A production unit is defined as one sheet, size 8.5 x 11 inches, one side only, and one color. The pages may not exceed a maximum image size of 10-3/4 by 14-1/4 inches. This page limit is per requirement and not per contract.
All printing, as well as duplicating/copying in excess of the stated limits, shall be obtained by the COR through the Publishing Services, Program Support Center. The cost of any unauthorized printing or duplicating /copying under this contract will be considered an unallowable cost for which the Contractor will not be reimbursed.
H. SPECIAL CONTRACT REQUIREMENTS (AS NUMBERED IN BOA)
H.1. Organizational Conflict of Interest
a. General: The Contractor shall have programs in place to identify, report, and mitigate actual and potential conflicts of interest for itself, its employees, subcontractors and consultants. The existence of such programs and the disclosure of known actual or potential conflicts are material performance requirements of this contract.
b. Disclosure: The Contractor shall report all actual and potential conflicts of interest pertaining to this contract to the Contracting Officer, including those that would be caused by a contemplated modification to this contact or another contract. Such reports shall be in writing (including by email). Upon request, the Contractor shall respond to a Contracting Officer’s request for an OCI mitigation plan.
c. Resolution: In the event the Contracting Officer determines that a conflict of interest exists, based on disclosure from the Contractor or from other sources, the Contracting Officer shall take action which may include, but is not limited to, requesting a mitigation plan from the Contractor, terminating part or all of the contract, modifying the contract or obtaining a waiver in accordance with applicable law, including FAR 9.503 as applicable.
H.2 Additional Clauses
H.2.1 Reporting:
The Contractor agrees that the final report containing the results of work performed under this contract (the “Report”) shall not identify by name a manufacturer, private labeler, or particular trademark or trade name of a consumer product. Prior to any public disclosure or publication of the Report, and solely to ensure that the Report does not identify by name a manufacturer, private labeler, or particular trademark or trade name of a consumer product, the Contractor shall submit the Report to the CDC for review in accordance with CDC regulations. In connection with this review, the CDC will redact from the Report the names of specific manufacturers and private labelers and the identity of a particular trademark or trade name of a consumer product.
The CDC, however, will not comment, opine, or redact any of the scientific findings, analyses, or conclusions contained in the Report. At all times, the CDC will comply with government-wide and agency-specific scientific integrity laws, regulations and policies.
H.2.2 Contractor Compliance:
The Contractor may be reimbursed for direct and indirect costs (indirect rates are not-to-exceed the currently approved HHS rates) incurred in the performance hereof as are allowable under the provisions of Subpart 31.7 of the Federal Acquisitions in the no-to-exceed amount of $1,069,760 which is subject to the Limitations of Cost Clause. The Contractor may request monthly interim payments for costs incurred during the performance of the contract. A statement of costs incurred by the Contractor in the performance of tasks under this contract and claimed to constitute allowable costs will support each monthly interim payment request. Each monthly interim payment request will be submitted in accordance with the below invoice instructions. Prior approval of the COR is required if the Contractor wishes to use a different payment request format.
In accordance with the clause 52.232-25, “Prompt Payment,” monthly interim payments will be made by the 30th day following receipt of proper request for payment by the designated billing office, unless audit or other review is considered necessary to ensure compliance with the terms and conditions of the contract. All interim payments hereunder will be made upon further determination by the COR that the Contractor is making adequate progress toward successful contract completion.
H.2.3 Contractor Compliance
a. General: The Contractor will 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 will 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 will 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 will take action which may include, but is not limited to, requesting a mitigation plan from the Contractor, terminating part or all of the contract, modifying the contract or obtaining a waiver in accordance with applicable law, including FAR 9.503, as applicable.
H.2.4 Conformance with Applicable Laws, Regulations, Policies, and Standards
Contractor Compliance
The Contractor will be responsible for knowledge of, and compliance with all applicable federal information technology and information management laws, regulations, policies, and standards at the government-wide, HHS, and CDC levels. At the government-wide level, these include Office of Management and Budget (OMB), National Institute of Standards and Technology (NIST), and General Accounting Office (GAO). These can be primarily found at or through the Federal CIO Council website at: http://www.cio.gov/. HHS documents are found at:
http://www.hhs.gov/oirm/ http://www.cio.gov/ http://www.hhs.gov/oirm/
H.2.5 Printing, Duplicating & Copying
Contractor Compliance
The terms "printing" and "duplicating/copying" are defined in the Government Printing and Binding Regulations of the Joint Committee on Printing, CFR Title
44. The regulations can be access at http://www.gpo.gov/pdfs/customers/sfas/jcpregs.pdf.
a. Printing: No printing by the Contractor or any subcontractor is authorized under this contract. All printing required hereunder must be performed by the Government Printing Office, in accordance with CFR Title 44; Public Law 102- 392, as amended by H.R. 4454; and The Legislative Branch Appropriations Act 2995. The Contractor will complete Form HHS 26 and submit it along with all camera-ready copies to the Contracting Officer's Representative (COR).
b. Duplicating/Copying: If necessary for performance of the contract, the Contractor may duplicate or copy fewer than 5,000 production units of only one page, or fewer than 25,000 production units in aggregate of multiple pages for the use of a department or agency. A production unit is defined as one sheet, size 8.5 x 11 inches, one side only, and one color. The pages may not exceed a maximum image size of 10-3/4 by 14-114 inches. This page limit is per requirement and not per contract.
All printing, as well as duplicating/copying in excess of the stated limits, will be obtained by the COR through the Publishing Services, Program Support Center. The cost of any unauthorized printing or duplicating /copying under this contract will be considered an unallowable cost for which the Contractor will not be reimbursed.
I. CONTRACT CLAUSES: (The BOA lists all Applicable Contract Clauses)
I. 1. FAR 52.217-8 Option to Extend Services
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 10 days of contract completion.
I.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 http://www.gpo.gov/pdfs/customers/sfas/jcpregs.pdf 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.
I.3. HHSAR Anti-Lobbying
Pursuant to the current HHS annual appropriations act, Public Law 112-74, except for normal and recognized executive-legislative relationships, the Contractor shall not use any HHS contract funds for:
1. Publicity or propaganda purposes;
2. The preparation, distribution, or use of any kit, pamphlet, booklet, publication, electronic communication, radio, television or video presentation designed to support or defeat the enactment of legislation before the Congress or any State or local legislature or legislative body, except in presentation to the Congress or any State or local legislature itself; or designed to support or defeat any proposed or pending regulation, administrative action, or order issued by the executive branch of any State or local •government, except in presentation to the executive branch of any State or local government itself; or
3. Payment of salary or expenses of the Contractor, or any agent acting for the Contractor, related to any activity designed to influence the enactment of legislation, appropriations, regulation, administrative action, or Executive order proposed or pending before the Congress or any State government, State legislature or local legislature or legislative body, other than for normal and recognized executive-legislative relationships or participation by an agency or officer of a State, local or tribal government in policymaking and administrative processes within the executive branch of that government.
The prohibitions in subsections (a), (b) and (c) above shall include any activity to advocate or promote any proposed, pending or future Federal, State or local tax increase, or any proposed, pending, or future requirement for, or restriction on, any legal consumer product, including its sale or marketing, including, but not limited to, the advocacy or promotion of gun control.
SECTION J - List of Attachments – N/A
SECTION K - Representations, Certifications, and Other Statements of Offerors or Respondents
K.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2017)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 541990.
(2) The small business size standard is $15,000,000.
(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.
(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.
(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:
□ (i) Paragraph (d) applies.
□ (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.
(c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—
(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain
Federal Transactions. This provision applies to solicitations expected to exceed $150,000.
(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal
Confidentiality Agreements or Statements-Representation. This provision applies to all solicitations.
(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.
(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—
(A) Are not set aside for small business concerns;
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(B) Exceed the simplified acquisition threshold; and
(C) Are for contracts that will be performed in the United States or its outlying areas.
(vi) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations— Representation.
(vii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.
(ix) 52.214-14, Place of Performance—Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.
(x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.
(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.
(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.
(xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.
(xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xiv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.
(xv) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.
(xvi) 52.222-57, Representation Regarding Compliance with Labor Laws (Executive Order 13673). This provision applies to solicitations expected to exceed $50 million which are issued from October 25, 2016 through April 24, 2017, and solicitations expected to exceed $500,000, which are issued after April 24, 2017.
Note to paragraph (c)(1)(xvi): By a court order issued on October 24, 2016, 52.222-57 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.
(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA–designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.
(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.
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(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals– Representation. This provision applies to solicitation that include the clause at 52.204-7.
(xx) 52.225-2, Buy…
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