18_250_SOL_00090_AMEND_1.pdf
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- Attached to
- Content Development for the Newborn Screening Clearinghouse Federal contract opportunity
- Solicitation number
- 18-250-SOL-00090
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Revised RFP including revised SOW.
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| Responses_to_Questions_6-15-18GSB_comments.pdf | ||
| HHS_Subcontracting_Plan_18_250_SOL_00090.doc | DOC document | |
| 18_250_SOL_00090.pdf | ||
| HHS_Subcontracting_Plan_18_250_SOL_00090.doc | DOC document |
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SECTION A
Table of Contents
SECTION
A
DESCRIPTION
Standard Form 18
PAGE No.
1-3
B
Supplies or Services and Prices/Costs
C
Description/Specifications/ Statement of Work
D
Packing and Marking
E
Inspection and Acceptance
F
Deliveries or Performance
G
Contract Administration Data
H
Special Contract Requirements
I
Contract Clauses 24
J
List of Attachments
K
Representations, Certifications and Other Statements of Offerors or Respondents
L
Instructions, Conditions and Notices to Offerors
M
Evaluation Factors for Award
SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS
B.1 BACKGROUND
B.1 BRIEF DESCRIPTION OF SUPPLIES OR SERVICES
The purpose of this contract is to develop and maintain educational materials for a central clearinghouse of newborn screening information that will be located on a hrsa.gov website.
B.2 COMPENSATION COST/PRICE (TBD at time of award)
1. In consideration of the satisfactory performance of the services and tasks detailed in Section J– Attachment A-Statement of Work, the Contractor shall be compensated in accordance with the following amounts:
a) Base Period (Period of Performance X – X) It is estimated that the total cost to the Government for full performance of the base period will be $___________.
b) Option Period One (Period of Performance X – X) It is estimated that the total cost to the Government for full performance of option period one will be $___________.
c) Option Period Two (Period of Performance X – X) It is estimated that the total cost to the Government for full performance of option period two will be $___________.
d) Option Period Three (Period of Performance X – X) It is estimated that the total cost to the Government for full performance of option period three will be $___________.
e) Option Period Four (Period of Performance X – X) It is estimated that the total cost to the Government for full performance of option period four will be $___________.
2. The total Firm Fixed Price (FFP) for the Base Period is _____________. The maximum value of this contract for the base periods and/or all option periods and option line items (if exercised) is
3. The Government shall not be obligated to reimburse the contractor for amounts incurred in excess of the contract amount, and the contractor shall not be obligated to continue performance under the contract or otherwise incur amounts in excess of the contract amounts unless and until written notification is received by the contractor from the contracting officer which sets forth a revisions of the contract amount. No notice, communication, or representation in any other form or from any person other than the Contracting Officer shall affect the amount of this contract.
4. Wage Determination: If this contract is subject to the Fair Labor Standards Act and Service Contract Labor Standards, wage determination may be incorporated as applicable once an award is made.
SECTION C - DESCRIPTIONS/SPECIFICATIONS/WORK STATEMENT
C.1 STATEMENT OF WORK
Independently, and not as an agent of the Government, the contractor shall furnish all personnel, material, facilities, services, and equipment as needed to perform the work detailed in the Statement of Work (SOW) under this contract. The SOW is made a part of this document and resultant contract (see Section J – Attachment A).
C.2 INCORPORATION OF CONTRACTOR’S PROPOSAL (TBD at time of award)
It is understood and agreed that the contractor shall, in meeting the requirements of this contract shall perform the work in accordance with the contractors proposal for technical assistance originally dated _____ and revised proposal dated ________ (dates shall be completed at contract award), provided however, that to the extent that any provisions of the articles of this contract are in conflict or inconsistent with any provisions of said proposal, the provisions of the articles of this contract shall be controlling and shall supersede the provisions of said proposal;
therefore, the contractor’s proposal is hereby incorporated into the resultant contract.
SECTION D – PACKAGING AND MARKING
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SECTION E - INSPECTION AND ACCEPTANCE
E.1 INSPECTION AND ACCEPTANCE
The COR, as a duly authorized representative of the Contracting Officer, shall assume the responsibilities for monitoring the contractor’s performance, evaluating the quality of services provided by the contractor and performing final inspection and acceptance of all deliverables.
E.2 INSPECTION
52.246-4 Inspection of Services—Fixed-Price (Aug 1996)
(a) Definition. “Services,” as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.
(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.
(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.
(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.
(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may—
(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and
(2) Reduce the contract price to reflect the reduced value of the services performed.
(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may—
(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or
(2) Terminate the contract for default.
(End of clause)
SECTION F - DELIVERIES OR PERFORMANCE
F.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 address:
http://www.acquisition.gov/far/
52.242-15 Stop-Work Order. (AUG 1989)
52.242-17 Government Delay of Work (APR 1984)
F.2 OBSERVANCE OF FEDERAL HOLIDAYS
Official Holidays
New Year’s Day January 1st Martin Luther King’s Birthday 3rd Monday in January Inauguration Day January 20th (every 4th year, Washington DC) Presidents’ Day 3rd Monday in February Memorial Day Last Monday in May Independence Day July 4th Labor Day 1st Monday in September Columbus Day 2nd Monday in October Veterans’ Day November 11th Thanksgiving Day 4th Thursday in November Christmas Day December 25th
For work to be performed at Government site(s):
1. No services or deliveries shall be performed, nor shall HRSA reimburse a contractor for work performed on Saturdays, Sundays, Federal legal holidays, holidays set forth by Presidential Executive Order and any other Government closures, including closures for inclement weather, unless otherwise provided for in the terms of the contract. The contractor may not bill for hours not worked.
2. When the Government site is closed, there may be a rare emergency situation or a necessity for critical work to continue where the Contracting Officer or the Head of Contracting Activity may authorize work at the fixed hourly rate set forth in the contract.
F.3 PERIOD OF PERFORMANCE
The period of performance shall be a base period of twelve (12) months with four (4) 12-month option periods. The option periods may be exercised in accordance with Section I, FAR Clause 52.217-9 “Option to Extend the Term of the Contract (MAR 2000)”. The period of performance under this contract shall commence with the effective date of the contract. Note: exact dates will be filled in at contract award.
Base Period: __________________ through _________________ Option Year One: __________________ through _________________ Option Year Two: __________________ through _________________ Option Year Three: __________________ through _________________ Option Year Four: __________________ through _________________
F.4 SCHEDULE OF DELIVERABLES
During each contract period, the Contractor shall submit all items to the COR in the quantities indicated and by the due dates listed below. All deliverables should be Microsoft compatible.
EDOC – Effective Date of Contract
All deliverables shall be submitted to the Contracting Officer’s Representative (COR) and shall be subject to the COR’s review and approval. Note: any deadlines/timeframes outlined in the Schedule of Deliverables below are in business days.
All products and services delivered under this contract must be Section 508 compliant in accordance with the HHSAR provided.
All products and services delivered under this contract must be Section 508 compliant in accordance with the HHSAR provided. The Section 508 Standards applicable to this contract are:
1194.21, 1194.22, 1194.24, 1194.31 and 1194.41.
Regardless of format, all digital content or communications materials produced as a deliverable under this contract must conform to applicable Section 508 standards to allow federal employees and members of the public with disabilities to access information that is comparable to information provided to persons without disabilities. Remediation of any materials that do not comply with the applicable requirements as set forth below, shall be the responsibility of the vendor.
HHS guidance regarding accessibility of documents can be found at http://www.hhs.gov/web/section-508/making-files-accessible/index.html.
http://www.hhs.gov/web/section-508/making-files-accessible/index.html
Item # Task # / Description Qty / format Due Date
1 Task 1: Records Management Schedule, Disposition Plan, List of Training
One (1);
electronic
30 Days after the effective date of the contract (EDOC).
For the Option Periods, provide updated documentation, 30 days after EDOC.
2 Task 2.1: Project start-up meeting notes
One (1);
electronic
Submit to the COR within 7 days of the meeting.
3 Task 2.2: Routine Bi-weekly Project Meetings Summaries
Base Period:
Twenty-six
(26) bi-weekly;
electronic.
Option Periods 1-4:
Twelve (2) monthly;
electronic.
Email one day after each meeting
4 Task 2.3: Quarterly meeting report with follow-up action items
Four (4);
electronic
Within 1 week after each meeting
5 Task 2.4: Monthly report Twelve (12);
electronic by the 10th of each month
6 Task 3.1: Revised Work Plan One (1) annually;
electronic
Within 2 weeks of project start-up meeting
Annual update within one month EDOC of each option period
7 Task 4.4: Quarterly vetting reports
Four (4);
electronic
Dec 15th, March 15th, June 15th, and Aug.
31st of each contract year.
8 Task 4.13: content mock-ups for website set-up
One (1);
electronic six (6) weeks after EDOC
9 Task 5.1: Content for Quarterly Updates
Four(4) quarterly;
electronic
5 weeks before Dec 15th, March 15th, June 15th, and Aug. 31st of each contract year.
10 Task 6.11 Non-Disclosure Agreements
One (1) per person
10 days EDOC
11 Task 7.3 Training Records One (1) per person
30 days EDOC
Delivery dates shall be based on calendar days. Submission email address or physical address, and submission format will be identified in the contract.
Reporting Requirements And Deliverables
1. The contractor shall submit the items in quantities and during the time periods indicated above to the Contracting Officer’s Representative (COR) identified in the contract.
a. All deliverable reports shall include at a minimum a cover page with the following information:
1) Contract number
2) Deliverable item number
3) Deliverable item delivery due date
4) Date of submission
All reports/documents shall have, at a minimum in the document header, the contract number, and the COR’s name. All reports and documents shall have, at a minimum in the document footer, the author in the lower left corner, the page # of total # of pages in the center bottom of the page, and the date and /or version of the document (not the auto date) in the lower right corner.
b. All deliverables items are to be separate physical entities.
c. All deliverables are subject to the review and approval of the COR.
SECTION G - CONTRACT ADMINISTRATION DATA
G.1 DESIGNATION OF THE COR
The person identified below is hereby designated as the Contracting Officer Representative (COR) for this contract. The responsibility of the COR is to ensure that the Government’s technical objectives are met. To this end, the COR will provide necessary information, direction, coordination, etc., within the contractual work description. Issuance of changes which affect the articles, terms, or conditions of this contract will be accomplished through the Contracting Officer who is the only party authorized to bind the Government to contract:
COR:
TBD
G.2 COR RESPONSIBILITY
Technical Direction – The COR will provide the necessary information, direction, and coordination within the confines of the existing contractual work description in order for the contract to have a successful outcome for the government.
This includes providing technical direction to the Contractor to guide the contract effort in order to accomplish the contractual statement of work. This may include providing information to the Contractor for assistance in the interpretation of government provided information, specifications or technical portions of the work description, and where required by the contract, review and approval of product deliverables of the Contractor to the Government under the contract.
G.3 RESTRICTIONS ON THE CONTRACTING OFFICER’S REPRESENTATIVES
(CORS)
Direction given by the COR to the contractor must be within the parameters of the Statement of Work as stated in the contract.
The COR may not issue any direction to the contractor that:
1. Solicits a proposal, OR
2. Constitutes an assignment of additional work outside the Statement of Work of this
Contract, OR
3. In any manner causes an increase in the total contract cost or the time required for contract performance, OR
4. Changes any of the express terms, conditions, or specifications of the Contract (i.e., changes in the price or scope of work, instructions to start or stop work, approval of any actions that will result in additional charges to the government).
Issuance of changes that affect the articles, terms, or conditions of this Contract shall be accomplished through the Contracting Officer, who is the only party authorized to bind the Government to contract and the only party who can determine if a direction is within the Statement of Work.
G.4 KEY PERSONNEL
Pursuant to the Key Personnel clause (HHSAR 352.237-75; December 18, 2015) referenced in SECTION I of this contract, the following individual(s) is (are) designated as Key Personnel and considered to be essential to the work being performed under this contract:
Insert Title of key personnel(s). Ex: Project Director Name:____________TBD___________________
Contact Information for Key Personnel: (to be filled in at award) Email Address: _________________________ Phone Number: _________________________
The key personnel specified in this contract are considered to be essential to work performance.
At least 30 days prior to the contractor voluntarily diverting any of the specified individuals to other programs or contracts the Contractor shall notify the Contracting Officer and shall submit a justification for the diversion or replacement and a request to replace the individual. The request must identify the proposed replacement and provide an explanation of how the replacement's skills, experience, and credentials meet or exceed the requirements of the contract (including, when applicable, Human Subjects Testing requirements). If the employee of the contractor is terminated for cause or separates from the contractor voluntarily with less than thirty days notice, the Contractor shall provide the maximum notice practicable under the circumstances. The Contractor shall not divert, replace, or announce any such change to key personnel without the written consent of the Contracting Officer. The contract will be modified to add or delete key personnel as necessary to reflect the agreement of the parties.
G.5 STAFFING REQUIREMENTS
In performing duties under this contract, all personnel shall act in a professional manner. The general responsibilities of all contract personnel are as follows:
1. Consistently exhibit teamwork and internally improving communication to increase the quality and value of service provided.
2. Demonstrate proactive behavior, provides timely responsiveness, and exhibits a sense of ownership and commitment in all dealings.
3. Consistently perform timely follow through to ensure quality completion of tasks. On a regular basis, shows initiative in problem identification and resolution.
4. Maintain the integrity and security of federally-owned property, including equipment, supplies, and information technology related hardware, software and data.
5. Effectively plan, organize, and prioritize work to accommodate agreed to dates/timelines as noted in contract and produce clear and effective results of acceptable quality.
6. Refer new or unusual circumstances in a timely manner to the COR for guidance.
G.6 Submission of Invoices and Place of Payment
1. The Contactor shall submit payment requests to hrsainvoices@hrsa.gov as often as monthly using Standard Form 1034, Public Voucher for Purchases and Services Other Than Personal. The SF 1034 and supporting documentation must be submitted in PDF format. Payment shall be made in accordance with the terms of the contract.
2. The Contractor agrees to submit a voucher in accordance with Section J, Attachment E, Billing Instructions. VOUCHERS WITHOUT ALL REQUIRED INFORMATION
WILL BE DENIED UNTIL THE PROPER INFORMATION IS SUBMITTED.
3. For inquiries regarding voucher submission, e-mail your concerns to hrsainvoices@hrsa.gov.
4. For inquiries regarding technical issues, inspection and acceptance, call your Contracting
Officer Representative (COR).
5. For inquiries regarding suspension or rejection of costs submitted, call your Contract
Specialist.
6. Payment shall be made by:
PSC/FMP/AS
U.S. Department of Health and Human Services Program Support Center (PSC) 7700 Wisconsin Ave., Suite 9000 Bethesda, MD 20814 Telephone: 301-492-5233 Fax: 301-480-5089 Email: pscinvoiceinquiries@psc.hhs.gov mailto:hrsainvoices@hrsa.gov mailto:hrsainvoices@hrsa.gov mailto:pscinvoiceinquiries@psc.hhs.gov
G.7 ELECTRONIC FUNDS TRANSFER
FAR 52.232-35 Designation of Office for Government Receipt of Electronic Funds Transfer Information (JUL 2013)
(a) As provided in paragraph (b) of the clause at 52.232-34, Payment by Electronic Funds Transfer— Other than System for Award Management, the Government has designated the office cited in paragraph
(c) of this clause as the office to receive the Contractor’s electronic funds transfer (EFT) information, in lieu of the payment office of this contract.
(b) The Contractor shall send all EFT information, and any changes to EFT information to the office designated in paragraph (c) of this clause. The Contractor shall not send EFT information to the payment office, or any other office than that designated in paragraph (c). The Government need not use any EFT information sent to any office other than that designated in paragraph (c).
(c) Designated Office:
Name:
Mailing Address:
Telephone Number:
Person to Contact:
Electronic Address:
G.8 EVALUATION OF CONTRACTOR’S PERFORMANCE
Interim and final evaluation of Contractor performance on this contract shall be conducted in accordance with FAR Subpart 42.15. Upon contract completion, a final evaluation of the Contractor’s performance shall be completed by the Government; see Section J, Attachment C.
The Government will conduct an evaluation of Contractor’s performance based on the https://www.acquisition.gov/sites/default/files/current/far/html/52_232.html#wp1153375 completion of the tasks stated in the SOW. HRSA documents contractor performance using the Contractor Performance Assessment Rating System (CPARS) (www.cpars.gov). The evaluation shall be conducted by the COR and be comprised of an evaluation of contractor performance completed by the Contractor and Federal staff, and a review of progress reports and financial reports (deliverables).
SECTION H - SPECIAL CONTRACT REQUIREMENTS
H.1 Language Disclaimer
The contractor shall include the following disclaimers:
Publications that reference non-federal web sites:
This publication lists non-federal resources in order to provide additional information to consumers. The views and content in these resources have not been formally approved by the U.S. Department of Health and Human Services (HHS) or the Health Resources and Services Administration (HRSA). Listing these resources is not an endorsement by HHS or HRSA.
Conference Material The views expressed in written conference materials, publications, audiovisual products, and by speakers and moderators at HHS/HRSA-sponsored conferences, do not necessarily reflect the official policies of the U.S. Department of Health and Human Services or the Health Resources and Services Administration, nor does mention of trade names, commercial practices, or organizations imply endorsement by the U.S. Government.
H.2 Rights in Data
The Contractor will be prohibited from copyrighting, publishing or disseminating information resulting from work performed/developed under this contract, and/or, using data produced or obtained under this contract, and/or any other information or products provided by the Government, or which the Contractor develops, for any purpose other than performance under this contract without prior written approval from the Contracting Officer.
Ownership of Documents, Materials and Records: All documents, materials (including any computer code) or records provided to the Contractor, developed or maintained by the Contractor in the performance of this contract are deemed to be property of the Government.
H.3 Limited Use of Data
Performance of this contract may require the Contractor to access and use data and information proprietary to a Government agency or Government Contractor that is of such a nature that its dissemination or use, other than in performance of this effort, would be adverse to the interests of the Government and/or others.
Contractor and/or Contractor personnel shall not divulge or release data or information developed or obtained in performance of this effort, until made public by the Government, except to authorized Government personnel or upon written approval of the Contracting Officer (CO). The Contractor shall not use, disclose, or reproduce proprietary data that bears a restrictive legend, other than as required in the performance of this contract. 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 that provides for greater rights to the Contractor.
H.4 Disclosure of Information
Information made available to the Contractor by the Government for the performance or administration of this contract 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.
H.5 Confidentiality Agreement Requirement
The Contractor shall implement a confidentiality agreement related to all data provided by Government staff. All contractor staff, subcontractors, and consultants that work with the Federal Government and are provided information and access to databases shall sign a Confidentiality Agreement. A copy of the signed agreements for each relevant staff member shall be submitted to the COR prior to receipt of relevant documents.
H.6 Organizational Conflict of Interest (OCI)
A. Disclosure Clauses
In accordance with FAR Subpart 9.5, all contractors submitting proposals in response to this solicitation must submit an OCI Plan that:
(1) Identifies any actual, potential or perceived organization conflicts of interest or, in the absence of such conflicts, represent that no such organizational conflicts of interest exist.
(2) If any perceived organizational conflict is identified, provides an explanation why an actual or potential organizational conflict of interest does not exist.
(3) If any actual or potential organizational conflict exists, includes a mitigation plan for addressing the conflict.
B. Disclosure Clauses
(1) The contractor may be disqualified from award if it fails to provide or makes any misrepresentation in connection with required OCI disclosures.
(2) The contractor shall disclose all OCIs that arise after award.
(3) The Government may terminate the contract for convenience if an OCI arises after award.
(4) The contractor is required to flow down to its subcontractor OCI restrictions (if applicable).
(5) Misrepresenting or failing to disclose information related to OCIs may result in termination for default, debarment, prosecution for making of false statement, or other severe consequences.
H.7 Quality Assurance
The contractor shall perform all the requirements identified in this contract. The contractor shall supervise the reviews in accordance with Government Auditing Standards. The COR shall review and approve all work products and deliverables submitted by the contractor in accordance with the terms and conditions identified under the contract.
HRSA reserves the right to obtain and review working papers from the contractor for the period beginning with the effective date of the contract through its termination. These reviews shall be conducted at HRSA’s discretion at either the contractor’s site or at the appropriate HRSA office.
When reviewed at the HRSA’s site, the working papers will be sent to the HRSA office for review and evaluation by HRSA staff. After completion of the review, HRSA may hold a conference with the contractor to discuss any issues. HRSA may choose to visit the contractor or subcontractor site during the audit to assess performance of the review. The contractor shall maintain an internal quality control program adequate to ensure that the requirements of the contract are met.
As with the working paper review, HRSA reserves the right to obtain and review all working papers associated with the contractor’s internal quality control program. These reviews shall be conducted at HRSA’s site, the working papers will be sent to the HRSA office for review and evaluation by HRSA staff. After completion of the review, HRSA may hold a conference with the contractor to discuss any issues. HRSA may choose to visit the contractor and/or the subcontractor’s site during the review to assess performance of the reviews.
H.8 Equipment
HRSA does not intend to authorize or provide funds for the purchase, lease, rental, or maintenance of any equipment under this contract.
H.9 Government Furnished Facilities
The work under this contract shall be performed offsite at the contractor’s facility. The Government will not furnish facilities.
H.10 Food
It is the Department's policy that appropriated funds are not used to purchase food (whether from an annual appropriation, multi-year appropriation, appropriated user fee, mandatory appropriation, gift funds, or reimbursements from such appropriations, etc.) to purchase food (whether for conferences or meetings; for meals, light refreshments, or beverages; or for Federal or non-Federal participants). Food and meals are not to be provided and are unallowable expenses under this contract.
PART II
SECTION I – CONTRACT CLAUSES
I.1. FEDERAL ACQUISITION REGULATION (FAR) (48 CFR CHAPTER 1)
CLAUSES
A. FAR 52.252-1 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 http://www.acquisition.gov/far/
FAR Clause No. Title and Date
52.202-1 Definitions (NOV 2013) 52.203-3 Gratuities (APR 1984) 52.203-5 Covenant Against Contingent Fees (MAY 2014) 52.203-6 Restrictions on Subcontractor Sales to the Government
(SEP 2006)
52.203-7 Anti-Kickback Procedures (MAY 2014) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or
Improper Activity (MAY 2014) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity
(MAY 2014)
52.203-12 Limitation on Payments to Influence Certain Federal Transactions
(OCT 2010)
52.203-16 Preventing Personal Conflicts of Interest (DEC 2011) 52.203-17 Contractor Employee Whistleblower Rights and Requirement To
Inform Employees of Whistleblower Rights (APR 2014) 52.203-18 Prohibition on Contracting with Entities that Require Certain
Internal Confidentiality Agreements or Statements – Representation (JAN 2017)
52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statement (JAN 2017)
52.204-1 Approval of Contract (DEC 1989) * Contracting Officer 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content
Paper (MAY 2011) 52.204-7 System for Award Management (OCT 2016) 52.204-9 Personal Identity Verification of Contractor Personnel
(JAN 2011)
http://www.acquisition.gov/far/
52.204-10 Reporting Executive Compensation and First Tier Subcontractor Awards (OCT 2016)
52.204-13 Systems for Award Management Maintenance (OCT 2016) 52.204-14 Service Contract Reporting Requirements (OCT 2016) 52.204-16 Commercial and Government Entity Code Reporting (JUL 2016) 52.204-18 Commercial and Government Entity Code Maintenance (JUL
2016) 52.204-21 Basic Safeguarding of Covered Contractor Information Systems
(JUN 2016)
52.209-2 Prohibition of Contracting with Inverted Domestic Corporations- Representation (NOV 2015)
52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment
(OCT 2015)
52.209-9 Updated of Publicly Available Information Regarding
Responsibility Matters (JUL 2013) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporation
(NOV 2015)
52.215-1 Instructions to Offerors – Competitive Acquisition (Jan 2017) Alt I
(Oct 1997) 52.215-2 Audit and Records - Negotiation (OCT 2010) 52.215-8 Order of Precedence - Uniform Contract Format (OCT 1997) 52.217-8 Option to Extend Services (NOV 1999) *6 months 52.219-8 Utilization of Small Business Concerns (NOV 2016) 52.219-9 Small Business Subcontracting Plan (JAN 2017) 52.219-14 Limitations on Subcontracting (JAN 2017) 52.219-16 Liquidated Damages – Subcontracting Plan (JAN 1999) 52.219-28 Post-Award Small Business Program Rerepresentation (Jul 2013) 52.222-1 Notice to the Government of Labor Disputes (FEB 1997) 52.222-2 Payment for Overtime Premiums (JULY 1990) *$0.00 52.222-3 Convict Labor (JUN 2003) 52.222-17 Nondisplacement of Qualified Workers (MAY 2014) 52.222-21 Prohibition of Segregated Facilities (APR 2015) 52.222-35 Equal Opportunity for Veterans (OCT 2015) 52.222-36 Equal Opportunity for Workers with Disabilities (JUL 2014) 52.222-37 Employment Reports on Veterans (FEB 2016) 52.222-38 Compliance with Veteran’s Employment Reporting Requirements
(FEB 2016)
52.222-40 Notification of Employee Rights Under the National Labor
Relations Act (DEC 2010) 52.222-50 Combating Trafficking in Persons (MAR 2015) 52.222-54 Employment Eligibility Verification (OCT 2015)
52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017)
52.223-5 Pollution Prevention and Right-to-Know Information
(MAY 2011)
52.223-6 Drug Free Workplace (MAY 2001) 52.223-15 Energy Efficiency in Energy-Consuming Products (DEC 2007) 52.223-16 Acquisition of EPEAT-Registered Personal Computer Products
(OCT 2015)
52.223-18 Encouraging Contractor Policies to Ban Text Messaging While
Driving (AUG 2011) 52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction goals-Representation (DEC 2016) 52.224-1 Privacy Act Notification (APR 1984) 52.224-2 Privacy Act (APR 1984) 52.224-3 Privacy Training (JAN 2017) 52.225-1 Buy American – Supplies (MAY 2014) 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) 52.227-1 Authorization and Consent (DEC 2007) 52.227-2 Notice and Assistance Regarding Patent and Copyright
Infringement (DEC 2007) 52.227-11 Patent Rights—Ownership by the Contractor (May 2014) 52.227-14 Rights in Data-General (MAY 2014) ALT II (DEC 2007) 52.227-16 Additional Data Requirements (JUN 1987) 52.227-17 Rights in Data – Special Works (DEC 2007) 52-227-18 Rights in Data – Existing Works (DEC 2007) 52.227-19 Commercial Computer Software License (DEC 2007) 52.230-6 Administration of Cost Accounting Standards (JUN 2010) 52.232-1 Payments (APR 1984) 52.232-8 Discounts for Prompt Payment (FEB 2002)
52.232-11 Extras (APR 1984) 52.232-17 Interest (MAY 2014) 52.232-23 Assignment of Claims (MAY 2014) 52.232-25 Prompt Payment (JAN 2017) 52.232-33 Payment by Electronic Funds Transfer – System for Award
Management (JULY 2013) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)
52.232-40 Providing Accelerated Payment to Small Business Subcontractor
(DEC 2013)
52.233-1 Disputes (MAY 2014) ALT I (DEC 1991) 52.233-3 Protest After Award (AUG 1996) – Alternate I (JUN 1985) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52-237-3 Continuity of Services. (JAN 1991) 52-237-7 Indemnification and Medical Liability Insurance (JAN 1997) 52.239-1 Privacy or Security Safeguards (AUG 1996) 52.242-5 Payments to Small Business Subcontractors (JAN 2017)
52.242-13 Bankruptcy (JULY 1995) 52.243-1 Changes – Fixed Price (AUG 1987) 52.243-6 Change Order Accounting (APR 1984) 52.243-7 Notification of Changes (JAN 2017) *10 days 52.244-2 Subcontracts (OCT 2010) 52.244-6 Subcontracts for Commercial Items (NOV 2017) 52.246-25 Limitation of Liability Services (FEB 1997) 52.249-2 Termination for Convenience of the Government (Fixed Price)
(APR 2012)
52.249-8 Default (Fixed-Priced Supply and Service)(APR 1984) 52.253-1 Computer Generated Forms (JAN 1991)
52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 12 months after date of contract award; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.
B. DEPARTMENT OF HEALTH AND HUMAN SERVICES ACQUISITION
REGULATION (HHSAR) (48 CFR CHAPTER 3) CLAUSES
The following HHSAR clauses are incorporated by reference, with the same force and effect as if they were given in full text. Full text of HHSAR clauses is accessible at http://www.hhs.gov/regulations/hhsar/subpart352.html
HHSAR Clause No. Title and Date
352.203-70 Anti-lobbying (December 18, 2015) 352.215-70 Late Proposals and Revisions (December 18, 2015) 352.219-70 Mentor-Protégé Program (December 18, 2015) 352.219-71 Mentor-Protégé Program Reporting Requirements
(January 2010) 352.222-70 Contractor Cooperation in Equal Employment Opportunity
Investigations (December 18, 2015) http://www.hhs.gov/regulations/hhsar/subpart352.html
352.223-70 Safety and Health (December 18, 2015) 352.224-70 Privacy Act (December 18, 2015) 352.224-71 Confidential Information (December 18, 2015) 352.227-14 Rights in Data – Exceptional Circumstances (Sept 2014) 352.227-70 Publications and Publicity (December 18, 2015) 352.231-70 Salary Rate Limitation (December 18, 2015) 352.233-71 Litigation and Claims (December 18, 2015) 352.237-70 Pro-Children Act (December 18, 2015) 352.237-72 Crime Control Act – Requirement for Background Check (December 18, 2015) 352.237-74 Non-discrimination in Service Delivery
(December 18, 2015) 352-237-75 Key Personnel (December 18, 2015) 352.239-73 Electronic Information and Technical Accessibility Notices
(December 18, 2015) 352.239-74 Electronic and Information Technology Accessibility
(December 18, 2015) 352.270-4a Notice to Offerors, Protection of Human Subjects
(December 18, 2015) 352.270-4b Protection of Human Subjects (December 18, 2015)
Printing and Duplicating
According to HHSAR 352.208-70, Printing and Duplication (December 18, 2015):
(a) Unless otherwise specified in this contract, no printing by the Contractor or any subcontractor is authorized under this contract. All printing required must be performed by the Government Printing Office except as authorized by the Contracting Officer. The Contractor shall submit camera-ready copies to the Contracting Officer’s Representative (COR). The terms “printing” and “duplicating/copying” are defined in the Government Printing and Binding Regulations of the Joint Committee on Printing.
(b) 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 applies to each printing requirement and not for all printing requirements under the entire contract.
(c) Approval for all printing, as well as duplicating/copying in excess of the stated limits, shall be obtained from the COR who will consult with the designated publishing services office and provide direction to the contractor. 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.
PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS
SECTION J - LIST OF ATTACHMENTS
ATTACHMENT/TITLE NUMBER OF PAGES
A. Statement of Work 17
B. Contractor Performance Assessment Reporting 1 System (CPARS) Information Sheet
C. HHS Small Business Subcontracting Plan (separate doc)
D. Invoice/Billing Instructions 3
E. Disclosure of Lobbying Activities (SF-LLL) 3
F. Certificate of Current Cost or Pricing Data 1
SECTION K Representations, Certifications, and Other Statements of Offerors
To Be Completed by the Offeror: This document must be completed and included as part of your Business Proposal (Volume II). By submission of its signed offer, the offeror makes the following Representations and Certifications:
FAR 204-19 Incorporation by Reference of Representations and Certifications (DEC 2014)
The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.
(End of clause)
K.1 The Offeror makes the following Representations and Certifications as part of its proposal.
RFP No. __18-250-SOL-00090____________________
(Name of organization)
(Signature of authorized individual) (Date)
(Type name of authorized individual)
TIN No. _____________________________________
DUNS No.____________________________________
Note: The penalty for knowingly and willingly making false statements in offers as prescribed in 18 U.S.C. 1001 is imprisonment not more than 5 years or, if the offense involves international or domestic terrorism (as defined in section 2331), imprisonment not more than 8 years, or both. If the matter relates to an offense under chapter 109A, 109B, 110, or 117, or section 1591, then the term of imprisonment imposed under this section shall not be more than 8 years.
K.2. The Offeror certifies that it has registered at www.sam.gov, as required by FAR 52.204-7 Central Contractor Registration (known now as System for Award Management (SAM)) (Jul 2013).
http://www.sam.gov/
K.3 FAR 52.204-8 Annual Representations and Certifications (JAN 2018)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is _____541990________ [insert NAICS code].
(2) The small business size standard is ___$15m__________ [insert size standard].
(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— https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137850 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137850 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137583 https://www.acquisition.gov/sites/default/files/current/far/html/FARTOCP13.html#wp271421 https://www.acquisition.gov/sites/default/files/current/far/html/FARTOCP13.html#wp271421 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137684 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1150648 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137777 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137850 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1149919
(A) Are not set aside for small business concerns;
(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 https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1144766 https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1144909 https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1146404 https://www.acquisition.gov/sites/default/files/current/far/html/52_214.html#wp1129381 https://www.acquisition.gov/sites/default/files/current/far/html/52_215.html#wp1144523 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1135900 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1135943 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1147663 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1147711 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1147704 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1147711 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1148142 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1168958 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.
(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 American Certificate. This provision applies to solicitations containing the clause at 52.225-1.
(xxi) 52.225-4, Buy American—Free Trade Agreements—Israeli Trade Act Certificate.
(Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3.
(A) If the acquisition value is less than $25,000, the basic provision applies.
(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.
(C) If the acquisition value is $50,000 or more but is less than $77,533, the provision with its Alternate II applies.
(D) If the acquisition value is $77,533 or more but is less than $100,000, the provision with its Alternate III applies.
(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.
(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan—
Ce…
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