RFQ_18-250-SOL-_00161_Combined_Synopsis.pdf
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- Solicitation number
- 18-250-SOL-00161
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Examine the Ecosystem of Title IV Health Care Entities
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SEE ADDENDUMIS CHECKED
CODE 18a. PAYMENT WILL BE MADE BY
CODE
FACILITYCODE
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
OFFEROR
OAMP
5600 Fishers Lane, Room 14W26B Management and Policy Office of Acquisition
HHS/HRSA/OO/OAMP
CODE 16. ADMINISTERED BYCODE
X
X
541690
SIZE STANDARD:
% FOR:SET ASIDE:UNRESTRICTED OROAMP
RFPIFB
10. THIS ACQUISITION ISCODE
RFQ
14. METHOD OF SOLICITATION
13b. RATING
NAICS:
SMALL BUSINESS
08/30/2018 1600 ES
08/13/2018
301-443-3556MARIO CHECCHIA
(No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION
18-250-SOL-00161
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 31 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
Rockville MD 20857
TELEPHONE NO.
17a. CONTRACTOR/
15. DELIVER TO
Rockville MD 20857 5600 Fishers Lane, Rm 14W26B Management and Policy Office of Acquisition
9. ISSUED BY
7.
2. CONTRACT NO.
EFFECTIVE DATE
$15.00
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW
ISSUE DATE
DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
11.
SEE SCHEDULE
12. DISCOUNT TERMS
THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13a.
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
8(A)
HHS/HRSA/OO/OAMP
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
TITLE: Examine the Ecosystem of Title IV Health Care Entities
PROCUREMENT ID #BHW96_C_656.
This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, "Streamlined Procedures for Evaluation and Solicitation for Commercial Services," as supplemented with additional
(Use Reverse and/or Attach Additional Sheets as Necessary)
HEREIN, IS ACCEPTED AS TO ITEMS:
XX
DATED . YOUR OFFER ON SOLICITATION (BLOCK 5),
INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER
ARE
ARE
31c. DATE SIGNED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)
ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL
SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
26. TOTAL AWARD AMOUNT (For Govt. Use Only)
OFFER
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
ARE NOT ATTACHED.
ARE NOT ATTACHED.
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
30b. NAME AND TITLE OF SIGNER (Type or print)
30a. SIGNATURE OF OFFEROR/CONTRACTOR
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
25. ACCOUNTING AND APPROPRIATION DATA
29. AWARD OF CONTRACT:
REF.
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER
37. CHECK NUMBER
FINALPARTIAL
36. PAYMENT
FINALPARTIAL
35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER33. SHIP NUMBER
COMPLETE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)
42b. RECEIVED AT (Location)
42a. RECEIVED BY (Print)
41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
STANDARD FORM 1449 (REV. 2/2012) BACK
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
information included in this notice. This announcement constitutes the only solicitation, quotes are being requested and a written solicitation document will not be issued.
The Health Resources and Services Administration
(HRSA) is contemplating issuance of award pursuant to Federal Acquisition Regulation (FAR)
Part 13.106-1(b).
This combined synopsis/solicitation
18-250-SOL-00161 is a Request for Quote (RFQ).
The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-99-1
(07/16/2018).
The associated North American Industrial
Classification System (NAICS) code for this procurement is 541690, with a small business size standard of $15M dollars.
The resulting contract will be Firm Fixed Price
(FFP).
The Contractor shall provide services in accordance with the attached Statement of Work
(SOW), dated August 3, 2018 (Attachment A).
Continued ...
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
31 2 of
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
3 31
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18-250-SOL-00161
Provide the following information:
1. Contact Name, Phone and Fax Number:
2. Email: __________________________
3. DUNS Number: __________________________
The full text of FAR provisions or clauses may be accessed electronically at http://acquisition.gov/comp/far/index.html.
Provisions at FAR 52.212-1 (Instructions to
Offerors-Commercial Items)(Jan 2017), applies to this acquisition.
This Combined Synopsis/Solicitation is open until
August 30, 2018.
Interested parties may respond to this notice.
The response must also demonstrate clear and convincing evidence that the interested party has experience with providing the services as outlined in the SOW.
The quote must be signed by an official authorized to bind your organization. Please submit your Technical Quote, Past Performance, Section 508 Product Accessibility Template (PAT), and Price Quote via email to Mario Checchia at mmchecchia@hrsa.gov and Veronica Dhaness at vdhaness@hrsa.gov. The Technical Quote, Past
Performance, Section 508 Product Accessibility
Template (PAT) and Price Quote must be submitted separately and clearly labeled. Each of these parts shall be separate and complete in itself.
Volume Titles
Volume I - Technical Quote and Past Performance
Volume II - Past Performance
Volume III - Section 508 Product Accessibility
Template
Volume IV - Price Quote
*Questions regarding this solicitation shall be
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Sponsored by GSA
FAR (48 CFR) 53.110
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submitted electronically via email to Mario
Checchia at mmchecchia@hrsa.gov and Veronica
Dhaness at vdhaness@hrsa.gov no later than 2:00
PM, Eastern Standard Time (EST) on August 20, 2018. Questions received after the due date and time will not be considered. No Exceptions.
List of items that shall be submitted with quote:
Volume I - Technical Quote.
The technical quote shall disclose your technical approach in sufficient detail to provide a clear and concise presentation that reflect the scope of the SOW and the Technical Instructions below.
It shall include a statement indicating whether or not any exceptions are taken to the terms and conditions of this request for quote (RFQ) as part of the quote transmittal/ cover letter. Any exceptions taken must include identification of the specific paragraphs and rationale for each exception.
Technical Quotes shall be single spaced and shall be printed on 8.5 x 11 inch paper, times new roman, Font 12 and be a maximum length of sixty
(60) pages. Each page shall be numbered and each volume shall be tabbed to correspond to the table of contents. Offerors may include 11 x 17 inch foldouts only to display graphics, flow charts, organizational charts, or drawings.
Where data/information appears in one part, it does not have to be repeated in any other part.
However, it shall be cross referenced by indicating the specific location including the volume and page number as a minimum. The clarity, relevance, and conciseness of the quote is important, not the length.
Technical Instructions:
1. Statement and Understanding of Project Goals
The offeror shall demonstrate a sufficient understanding of the project, the scope, and the purpose of this work. The offeror shall provide a
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statement of the problem, scope, and purpose of the proposed project in order to demonstrate a complete understanding of the intent, goals, and tasks. The statement shall express an understanding of:
a. The NPDB and its reporting and querying processes regarding medical malpractice payments and adverse actions.
b. The relevant legislation and regulatory requirements that govern the NPDB's reporting and querying requirements.
c. Issues surrounding the accuracy and completeness of NPDB transactional administrative data.
2. Technical Approach
The technical approach shall inform the
Government of the methods and approach that will be used to achieve the project goals. Offeror shall provide sufficient detail to justify why a particular method shall be used and not simply restate the tasks. The technical approach shall include the following:
a. A description, outlined in tasks, of how the offeror shall achieve the study tasks/goals.
b. A description and rationale of the proposed method(s) and the associated application of the method(s) in examining the reports that are missing specific information due to weaknesses in the existing classification system.
c. An explanation of how the information produced to create a more precise classification system will improve the service NPDB provides to its customers and to virtually reduce (or eliminate) the "other" category.
d. Statement of Work (SOW):
*Details of how each of the tasks will be performed.
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*Performance Standards that must be met by the contractor in the SOW with a detailed description about each deliverable.
3. Management Plan
The offeror shall submit a project work plan, person loading matrix, time schedule (including work to be performed and deliverables).
a. The offeror shall describe their specific organizational capacity proposed for carrying out the project, including:
*Designation of the persons who shall serve as project director and day to-day project manager and any personnel who shall spend significant time on the contract.
*The project manager and research staff who shall have the major responsibilities for project work shall be designated as key personnel.
*Involvement of any consultants or subcontractors shall be described and arrangements to manage their roles shall be specified.
*A Person loading matrix which displays person-days shall be provided. This matrix should also show the appropriate total and subtotals each individual that will contribute to the activities.
*The offeror shall submit resumes for all key personnel for the project.
4. Organizational Experience
The offeror shall provide previous, similar organizational experience in the technical and operational areas related to the requirement in the SOW. The offeror shall demonstrate past experience conducting complex public health projects using large administrative data sets.
Volume II - Past Performance.
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HRSA is seeking to determine whether the offeror has experience that will enhance its technical capability to perform the services of this requirement and whether the offeror consistently delivers quality services in a timely and effective manner. In evaluating past performance, HRSA will only take into consideration the relevant experience and past performance assessments from the Offerors customers. However, HRSA reserves the right to use other relevant past performance information it obtains through other sources including other agency databases and information contained in trade literature.
Offerors shall provide three (3) references of similar efforts performed during the last three
(3) years. This shall include a description of the project, project title, contract number, contract amount, client identification including agency or company name, contracting and COR names(s), address, email, and telephone number.
Do not submit more than three (3) references.
Volume III - Section 508 Product Accessibility
Template.
Offerors are required to complete the PAT per the instructions of the Section 508 clause and provision. Please see the HHSAR provision and clauses HHSHAR 352.239-73 ELECTRONIC INFORMATION
AND TECHNOLOGY ACCESSIBILITY NOTICE (DECEMBER 18,
2015) & 7. HHSAR 352.239-74 ELECTRONIC AND
INFOMATIOM TECHNOLOGY ACCESSIBLITY (DECEMBER 18,
2015).
The Section 508 Product Accessibility Template
(PAT) shall be completed online and submitted as
Volume III.
Volume IV - Price Quote.
Price Instructions:
1. Complete the Standard Form 1449.
Offeror's shall complete the following Blocks:
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Block 17a - Name and Address of organization.
Block 30a - Signature of the person authorized to commit organization
Block 30b - Name and Address of the individual providing the price quote.
Provisions at FAR 52.212-2 (Evaluation -
Commercial Items), (Oct 2014), applies to this acquisition.
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the
Government, price and other factors considered.
The following factors shall be used to evaluate offers:
Award Criteria
Technical is more important than Past Performance which is more important than Section 508 Product
Accessibility Template. When Technical, Past
Performance and Section 508 Product Accessibility
Template are combined they are significantly more important than price. In any event, the
Government reserves the right to make an award to the best value to the Government.
Selection of Offeror.
The Government will utilize a trade-off evaluation methodology.
Four factors will be evaluated. Factor 1 -
Technical will be evaluated using points. Factor
2 - Section 508 Product Accessibility Template will be evaluated using colors. Factor 3 - Past
Performance will be evaluated using Acceptable, Unacceptable or Neutral. Factor 4 - Price will be evaluated on the total price, base and all options, being determined to be fair and reasonable.
The Government reserves the right to make a single award, multiple awards, or no award as a
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result of this RFQ. In addition, the RFQ may be amended if determined to be in the best interest of the Government. The Government reserves the right to make award without discussions.
1. Factor 1 - Technical.
a. Statement and Understanding of Project Goals.
15 Points.
The offeror shall demonstrate a sufficient understanding of the project, the scope, and the purpose of this work. The offeror shall provide a statement of the problem, scope, and purpose of the proposed project in order to demonstrate a complete understanding of the intent, goals, and tasks. The statement shall express an understanding of:
i. The NPDB and its reporting and querying processes regarding medical malpractice payments and adverse actions.
ii. The relevant legislation and regulatory requirements that govern the NPDB's reporting and querying requirements.
iii. Issues surrounding the accuracy and completeness of NPDB transactional administrative data.
b. Technical Approach. 45 Points.
The technical approach shall inform the
Government of the methods and approach that will be used to achieve the project goals. Offeror shall provide sufficient detail to justify why a particular method shall be used and not simply restate the tasks. The technical approach shall include the following:
i. A description, outlined in tasks, of how the offeror shall achieve the study tasks/goals.
ii. A description and rationale of the proposed method(s) and the associated application of the method(s) in examining the reports that are
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missing specific information due to weaknesses in the existing classification system.
iii. An explanation of how the information produced to create a more precise classification system will improve the service NPDB provides to its customers and to virtually reduce (or eliminate) the "other" category.
iv. Statement of Work (SOW):
*Details of how each of the tasks will be performed.
*Performance Standards that must be met by the contractor in the SOW with a detailed description about each deliverable.
c. Management Plan. 20 Points.
The Offeror shall submit a project work plan, person loading matrix, time schedule (including work to be performed and deliverables).
The Offeror shall describe their specific organizational capacity proposed for carrying out the project, including:
*Designation of the persons who shall serve as project director and day to-day project manager and any personnel who shall spend significant time on the contract.
*The project manager and research staff who shall have the major responsibilities for project work shall be designated as key personnel.
*Involvement of any consultants or subcontractors shall be described and arrangements to manage their roles shall be specified.
*A Person loading matrix which displays person-days shall be provided. This matrix should also show the appropriate total and subtotals each individual that will contribute to the activities.
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*The offeror shall submit resumes for all key personnel for the project.
d. Organization Experience. 20 Points.
The Offeror shall provide previous, similar organizational experience in the technical and operational areas related to the requirement in the SOW. The Offeror shall demonstrate past experience conducting complex public health projects using large administrative data sets.
2. Factor 2 - Section 508 Product Accessibility
Template.
The evaluation of the Product Accessibility
Template is independent from the other factors and will be based on the demonstrated capabilities of the prospective offeror to meet the requirements of all the applicable Section
508 provisions as listed in the attached HHSAR clause: 352.239.74 Electronic and Information
Technology Accessibility.
a. Green: EIT Products fully meet intent of all applicable Section 508 provisions. Risk of failure to meet all Section 508 Requirements is very low.
b. Yellow: EIT Products can be made capable of meeting the intent of all applicable Section 508
Provisions by using alternative methods for some or all of the products. Risk of failure to meet all Section 508 Requirements is low.
c. Red: EIT Products fail to meet the intent of any of the applicable Section 508 of the PAT is materially incomplete. Risk of failure to meet all Section 508 Requirements is high.
3. Factor 3 - Past Performance.
Past Performance will be rated as either
"Acceptable", "Unacceptable", or "Neutral" per the following definitions:
a. Acceptable: Based on the vendor's performance
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record, the Government has a reasonable expectation that the vendor will successfully perform the required effort.
b. Unacceptable: Based on the vendor's performance record, the Government has no reasonable expectation that the vendor will be able to successfully perform the required effort.
c. Neutral: The vendor's performance record is unknown.
The Government will consider the quality and relevance of a vendors Past Performance. This consideration is separate and distinct from the
Contracting Officer's responsibility determination. The assessment of a Vendor's Past
Performance will be used as a means of evaluating the relative capability of a Vendor and subcontractors (if necessary) to successfully accomplish the requirements of the solicitation.
This evaluation will consider the relevance, scope and complexity of past work and the record of performance for such work.
The Government reserves the right to obtain information for use in the evaluation of past performance from any and all sources, including sources outside of the Government.
In the case of a vendor without a record of past performance, or for whom information on past performance is not available so that no past performance rating can be assigned, the vendor may not be evaluated favorably or unfavorably on past performance (see FAR 15.305(a)(2)(iv)).
Therefore, the vendor shall be determined to have neutral past performance.
Note: If the vendors past performance is determined "Unacceptable", the quote may not be selected for award.
4. Factor 4 - Price.
Price will be evaluated on the total price, base and all options, being determined to be fair and
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reasonable.
(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party.
Before the offer's specified expiration time, the
Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
Period of Performance: 09/24/2018 to 09/23/2019
FAR 52.212-3 (Offeror Representative and
Certifications-Commercial Items) (Nov 2017), applies to this acquisition.
The offeror shall ensure that Representations and
Certifications are complete when submitting their quote. If an offeror has completed the annual
Representations and Certifications via System for
Award Management (SAM), state such in the quote.
FAR 52.212-4 (Contract Terms and
Conditions-Commercial Items) (Jan 2017), applies to this acquisition.
FAR 52.202-1 Definitions (Nov 2013).
FAR 52.203-3 Gratuities (Apr 1984).
FAR 52.203-12 Limitation of Payments to Influence
Certain Federal Transactions (Oct 2010).
FAR 52.204-4 Printed or Copied Double Sided on
Recycled Paper (May 2011).
FAR 52.204-7 System for Award Management (Oct
2016).
FAR 52.232-39 Unenforceability of Unauthorized
Obligations (Jun 2013).
FAR 52.232-40 Providing Accelerated Payments to
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Small Business Subcontractors (Dec 2013).
FAR 52.247-34 F.O.B. Destination (Nov 1991).
FAR 52.252-2 Clauses Incorporated By Reference
(Feb 1998).
FAR 52.217-8 Option to Extend Services (Nov 1999).
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 fourteen (14) days.
FAR 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 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 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.
FAR 52.212-5 (Contract Terms and Conditions
Required to Implement Statues or Executive
Order-Commercial Items (Jul 2018), applies to this acquisition.
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or
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Executive orders applicable to acquisitions of commercial items:
(1) 52.203-19, Prohibition on Requiring Certain
Internal Confidentiality Agreements or Statements
(Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing
Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.209-10, Prohibition on Contracting with
Inverted Domestic Corporations (Nov 2015).
(3) 52.233-3, Protest After Award (Aug 1996) (31
U.S.C. 3553).
(4) 52.233-4, Applicable Law for Breach of
Contract Claim (Oct 2004) (Public Laws 108-77 and
108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the
Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
_X_ (1) 52.203-6, Restrictions on Subcontractor
Sales to the Government (Sept 2006), with
Alternate I (Oct 1995) (41 U.S.C. 4704 and 10
U.S.C. 2402).
_X_ (2) 52.203-13, Contractor Code of Business
Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).
_X_ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L.
111-5). (Applies to contracts funded by the
American Recovery and Reinvestment Act of 2009.)
_X_ (4) 52.204-10, Reporting Executive
Compensation and First-Tier Subcontract Awards
(Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).
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__ (5) [Reserved].
_X_ (6) 52.204-14, Service Contract Reporting
Requirements (Oct 2016) (Pub. L. 111-117, section
743 of Div. C).
__ (7) 52.204-15, Service Contract Reporting
Requirements for Indefinite-Delivery Contracts
(Oct 2016) (Pub. L. 111-117, section 743 of Div.
C).
_X_ (8) 52.209-6, Protecting the Government's
Interest When Subcontracting with Contractors
Debarred, Suspended, or Proposed for Debarment.
(Oct 2015) (31 U.S.C. 6101 note).
_X_ (9) 52.209-9, Updates of Publicly Available
Information Regarding Responsibility Matters (Jul
2013) (41 U.S.C. 2313).
__ (10) [Reserved].
__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).
__ (ii) Alternate I (Nov 2011) of 52.219-3.
__ (12)(i) 52.219-4, Notice of Price Evaluation
Preference for HUBZone Small Business Concerns
(Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)
(15 U.S.C. 657a).
__ (ii) Alternate I (Jan 2011) of 52.219-4.
__ (13) [Reserved]
_X_ (14)(i) 52.219-6, Notice of Total Small
Business Set-Aside (Nov 2011) (15 U.S.C. 644).
__ (ii) Alternate I (Nov 2011).
__ (iii) Alternate II (Nov 2011).
__ (15)(i) 52.219-7, Notice of Partial Small
Business Set-Aside (June 2003) (15 U.S.C. 644).
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__ (ii) Alternate I (Oct 1995) of 52.219-7.
__ (iii) Alternate II (Mar 2004) of 52.219-7.
_X_ (16) 52.219-8, Utilization of Small Business
Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).
__ (17) (i) 52.219-9, Small Business
Subcontracting Plan (Jan 2017) (15 U.S.C.
637(d)(4)).
__ (ii) Alternate I (Nov 2016) of 52.219-9.
__ (iii) Alternate II (Nov 2016) of 52.219-9.
__ (iv) Alternate III (Jan 2017) of 52.219-9.
__ (v) Alternate IV (Jan 2017) of 52.219-9.
__ (18) 52.219-13, Notice of Set-Aside of Orders
(Nov 2011) (15 U.S.C. 644(r)).
_X_ (19) 52.219-14, Limitations on Subcontracting
(Jan 2017) (15 U.S.C. 637(a)(14)).
__ (20) 52.219-16, Liquidated Damages
Subcontracting Plan (Jan 1999) (15 U.S.C.
637(d)(4)(F)(i)).
__ (21) 52.219-27, Notice of Service-Disabled
Veteran-Owned Small Business Set-Aside (Nov 2011)
(15 U.S.C. 657 f).
__ (22) 52.219-28, Post Award Small Business
Program Representation (Jul 2013) (15 U.S.C.
632(a)(2)).
__ (23) 52.219-29, Notice of Set-Aside for, or
Sole Source Award to, Economically Disadvantaged
Women-Owned Small Business Concerns (Dec 2015)
(15 U.S.C. 637(m)).
__ (24) 52.219-30, Notice of Set-Aside for, or
Sole Source Award to, Women-Owned Small Business
Concerns Eligible Under the Women-Owned Small
Business Program (Dec 2015) (15 U.S.C. 637(m)).
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_X_ (25) 52.222-3, Convict Labor (June 2003)
(E.O. 11755).
__ (26) 52.222-19, Child Labor-Cooperation with
Authorities and Remedies (Jan 2018) (E.O. 13126).
_X_ (27) 52.222-21, Prohibition of Segregated
Facilities (Apr 2015).
_X_ (28) 52.222-26, Equal Opportunity (Sept 2016)
(E.O. 11246).
_X_ (29) 52.222-35, Equal Opportunity for
Veterans (Oct 2015)(38 U.S.C. 4212).
_X_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
_X_ (31) 52.222-37, Employment Reports on
Veterans (Feb 2016) (38 U.S.C. 4212).
__ (32) 52.222-40, Notification of Employee
Rights Under the National Labor Relations Act
(Dec 2010) (E.O. 13496).
_X_ (33)(i) 52.222-50, Combating Trafficking in
Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O.
13627).
__ (ii) Alternate I (Mar 2015) of 52.222-50 (22
U.S.C. chapter 78 and E.O. 13627).
__ (34) 52.222-54, Employment Eligibility
Verification (Oct 2015). (Executive Order 12989).
(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.).
__ (35)(i) 52.223-9, Estimate of Percentage of
Recovered Material Content for EPA-Designated
Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)).
(Not applicable to the acquisition of commercially available off-the-shelf items.).
__ (ii) Alternate I (May 2008) of 52.223-9 (42
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U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.).
__ (36) 52.223-11, Ozone-Depleting Substances and
High Global Warming Potential Hydrofluorocarbons
(Jun 2016) (E.O. 13693).
__ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air
Conditioners (Jun 2016) (E.O. 13693).
__ (38)(i) 52.223-13, Acquisition of
EPEAT--Registered Imaging Equipment (Jun 2014)
(E.O.s 13423 and 13514).
__ (ii) Alternate I (Oct 2015) of 52.223-13.
__ (39)(i) 52.223-14, Acquisition of
EPEAT--Registered Televisions (Jun 2014) (E.O.s
13423 and 13514).
__ (ii) Alternate I (Jun 2014) of 52.223-14.
__ (40) 52.223-15, Energy Efficiency in
Energy-Consuming Products (Dec 2007) (42 U.S.C.
8259b).
__ (41)(i) 52.223-16, Acquisition of
EPEAT--Registered Personal Computer Products (Oct
2015) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun 2014) of 52.223-16.
_X_ (42) 52.223-18, Encouraging Contractor
Policies to Ban Text Messaging While Driving (Aug
2011) (E.O. 13513).
__ (43) 52.223-20, Aerosols (Jun 2016) (E.O.
13693).
__ (44) 52.223-21, Foams (Jun 2016) (E.O. 13693).
__ (45)(i) 52.224-3, Privacy Training (JAN 2017)
(5 U.S.C. 552a).
__ (ii) Alternate I (JAN 2017) of 52.224-3.
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__ (46) 52.225-1, Buy American-Supplies (May
2014) (41 U.S.C. chapter 83).
__ (47)(i) 52.225-3, Buy American-Free Trade
Agreements-Israeli Trade Act (May 2014) (41
U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C.
2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
__ (ii) Alternate I (May 2014) of 52.225-3.
__ (iii) Alternate II (May 2014) of 52.225-3.
__ (iv) Alternate III (May 2014) of 52.225-3.
__ (48) 52.225-5, Trade Agreements (Oct 2016) (19
U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
__ (49) 52.225-13, Restrictions on Certain
Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the
Office of Foreign Assets Control of the
Department of the Treasury).
__ (50) 52.225-26, Contractors Performing Private
Security Functions Outside the United States (Oct
2016) (Section 862, as amended, of the National
Defense Authorization Act for Fiscal Year 2008;
10 U.S.C. 2302 Note).
__ (51) 52.226-4, Notice of Disaster or Emergency
Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
__ (52) 52.226-5, Restrictions on Subcontracting
Outside Disaster or Emergency Area (Nov 2007) (42
U.S.C. 5150).
__ (53) 52.232-29, Terms for Financing of
Purchases of Commercial Items (Feb 2002) (41
U.S.C. 4505, 10 U.S.C. 2307(f)).
__ (54) 52.232-30, Installment Payments for
Commercial Items (Jan 2017) (41 U.S.C. 4505, 10
U.S.C. 2307(f)).
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_X_ (55) 52.232-33, Payment by Electronic Funds
Transfer-System for Award Management (Jul 2013)
(31 U.S.C. 3332).
__ (56) 52.232-34, Payment by Electronic Funds
Transfer-Other than System for Award Management
(Jul 2013) (31 U.S.C. 3332).
__ (57) 52.232-36, Payment by Third Party (May
2014) (31 U.S.C. 3332).
_X_ (58) 52.239-1, Privacy or Security Safeguards
(Aug 1996) (5 U.S.C. 552a).
_X_ (59) 52.242-5, Payments to Small Business
Subcontractors (Jan 2017)(15 U.S.C. 637(d)(12)).
__ (60)(i) 52.247-64, Preference for Privately
Owned U.S.-Flag Commercial Vessels (Feb 2006) (46
U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).
__ (ii) Alternate I (Apr 2003) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
_X_ (1) 52.222-17, Nondisplacement of Qualified
Workers (May 2014)(E.O. 13495).
__ (2) 52.222-41, Service Contract Labor
Standards (May 2014) (41 U.S.C. chapter 67).
__ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and
41 U.S.C. chapter 67).
__ (4) 52.222-43, Fair Labor Standards Act and
Service Contract Labor Standards-Price Adjustment
(Multiple Year and Option Contracts) (May 2014)
(29 U.S.C. 206 and 41 U.S.C. chapter 67).
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__ (5) 52.222-44, Fair Labor Standards Act and
Service Contract Labor Standards-Price Adjustment
(May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter
67).
__ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of
Certain Equipment Requirements (May 2014) (41
U.S.C. chapter 67).
__ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41
U.S.C. chapter 67).
__ (8) 52.222-55, Minimum Wages Under Executive
Order 13658 (Dec 2015).
__ (9) 52.222-62, Paid Sick Leave Under Executive
Order 13706 (JAN 2017) (E.O. 13706).
__ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C.
1792).
__ (11) 52.237-11, Accepting and Dispensing of $1
Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).
(d) Comptroller General Examination of Record.
The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and
Records-Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the
Comptroller General, shall have access to and right to examine any of the Contractors directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, Continued ...
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audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor
Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the
Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause.
(i) 52.203-13, Contractor Code of Business
Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain
Internal Confidentiality Agreements or Statements
(Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing
Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.219-8, Utilization of Small Business
Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and
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(3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract
(except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(iv) 52.222-17, Nondisplacement of Qualified
Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.
(v) 52.222-21, Prohibition of Segregated
Facilities (Apr 2015).
(vi) 52.222-26, Equal Opportunity (Sept 2016)
(E.O. 11246).
(vii) 52.222-35, Equal Opportunity for Veterans
(Oct 2015) (38 U.S.C. 4212).
(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(ix) 52.222-37, Employment Reports on Veterans
(Feb 2016) (38 U.S.C. 4212).
(x) 52.222-40, Notification of Employee Rights
Under the National Labor Relations Act (Dec 2010)
(E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xi) 52.222-41, Service Contract Labor Standards
(May 2014) (41 U.S.C. chapter 67).
(xii) 52.222-50, Combating Trafficking in Persons
(Mar 2015) (22 U.S.C. chapter 78 and E.O 13627).
Alternate I (Mar 2015) of 52.222-50 (22 U.S.C.
chapter 78 and E.O 13627).
(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of
Certain Equipment-Requirements (May 2014) (41
U.S.C. chapter 67).
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(xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41
U.S.C. chapter 67).
(xv) 52.222-54, Employment Eligibility
Verification (Oct 2015) (E.O. 12989).
(xvi) 52.222-55, Minimum Wages Under Executive
Order 13658 (Dec 2015).
(xvii) 52.222-62, Paid Sick Leave Under Executive
Order 13706 (Jan 2017) (E.O. 13706).
(xviii)(A) 52.224-3, Privacy Training (Jan 2017)
(5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xix) 52.225-26, Contractors Performing Private
Security Functions Outside the United States (Oct
2016) (Section 862, as amended, of the National
Defense Authorization Act for Fiscal Year 2008;
10 U.S.C. 2302 Note).
(xx) 52.226-6, Promoting Excess Food Donation to
Nonprofit Organizations (May 2014) (42 U.S.C.
1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxi) 52.247-64, Preference for Privately Owned
U.S.-Flag Commercial Vessels (Feb 2006) (46
U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of
FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
HHSAR Clauses
HHSAR 352.203-70 Anti-lobbying (Dec 2015).
HHSAR 352.227-14 Rights in Data-Exceptional
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Circumstances (Sep 2014).
HHSAR 352.224-70 Privacy Act (Dec 2015).
HHSAR 352.224.71 Confidential Information (Dec
2015).
This contract requires the Contractor to perform one or more of the following: (a) design; (b) develop; or (c) operate a Federal agency system of records to accomplish an agency function in accordance with the Privacy Act of 1974 (Act) (5
U.S.C. 552a(m)(1)) and applicable agency regulations.
The term system of records means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. Violations of the Act by the
Contractor and/or its employees may result in the imposition of criminal penalties (5 U.S.C.
552a(i)).
The Contractor shall ensure that each of its employees knows the prescribed rules of conduct in 45 CFR part 5b and that each employee is aware that he/she is subject to criminal penalties for violation of the Act to the same extent as
Department of Health and Human Services employees. These provisions also apply to all subcontracts the Contractor awards under this contract which require the design, development or operation of the designated system(s) of records
(5 U.S.C. 552a(m)(1)). The contract work statement:
(a) Identifies the system(s) of records and the design, development, or operation work the
Contractor is to perform; and
(b) Specifies the disposition to be made of such records upon completion of contract performance.
HHSAR 352.239-73 Electronic Information and
Technology Accessibility Notice (Dec 2015).
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(a) Section 508 of the Rehabilitation Act of 1973
(29 U.S.C. 794d), as amended by the Workforce
Investment Act of 1998 and the Architectural and
Transportation Barriers Compliance Board
Electronic and Information (EIT) Accessibility
Standards (36 CFR part 1194), require that when
Federal agencies develop, procure, maintain, or use electronic and information technology, Federal employees with disabilities have access to and use of information and data that is comparable to the access and use by Federal employees who are not individuals with disabilities, unless an undue burden would be imposed on the agency. Section 508 also requires that individuals with disabilities, who are members of the public seeking information or services from a Federal agency, have access to and use of information and data that is comparable to that provided to the public who are not individuals with disabilities, unless an undue burden would be imposed on the agency.
(b) Accordingly, any offeror responding to this solicitation must comply with established HHS EIT accessibility standards. Information about
Section 508 is available at http://www.hhs.gov/web/508. The complete text of the Section 508 Final Provisions can be accessed at http://www.access-board.gov/guidelines-and-standar ds/communications-and-it/about-the-section-508-sta ndards.
(c) The Section 508 accessibility standards applicable to this solicitation are stated in the clause at 352.239-74, Electronic and Information
Technology Accessibility.
In order to facilitate the Government's determination whether proposed EIT supplies meet applicable Section 508 accessibility standards, offerors must submit an HHS Section 508 Product
Assessment Template, in accordance with its completion instructions. The purpose of the template is to assist HHS acquisition and program officials in determining whether proposed EIT
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supplies conform to applicable Section 508 accessibility standards. The template allows offerors or developers to self-evaluate their supplies and document "in detail" whether they conform to a specific Section 508 accessibility standard, and any underway remediation efforts addressing conformance issues. Instructions for preparing the HHS Section 508 Evaluation Template are available under Section 508 policy on the HHS website http://www.hhs.gov/web/508.
In order to facilitate the Government's determination whether proposed EIT services meet applicable Section 508 accessibility standards, offerors must provide enough information to assist the Government in determining that the EIT services conform to Section 508 accessibility standards, including any underway remediation efforts addressing conformance issues.
(d) Respondents to this solicitation must identify any exception to Section 508 requirements. If a offeror claims its supplies or services meet applicable Section 508 accessibility standards, and it is later determined by the Government, i.e., after award of a contract or order, that supplies or services delivered do not conform to the described accessibility standards, remediation of the supplies or services to the level of conformance specified in the contract will be the responsibility of the Contractor at its expense.
HHSAR 352.239-74 Electronic and Information
Technology Accessibility (Dec 2017).
(a) Pursuant to Section 508 of the Rehabilitation
Act of 1973 (29 U.S.C. 794d), as amended by the
Workforce Investment Act of 1998, all electronic and information technology (EIT) supplies and services developed, acquired, or maintained under this contract or order must comply with the
"Architectural and Transportation Barriers
Compliance Board Electronic and Information
Technology (EIT) Accessibility Standards" set forth by the Architectural and Transportation
Barriers Compliance Board (also referred to as
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the "Access Board") in 36 CFR part 1194.
Information about Section 508 is available at http://www.hhs.gov/web/508. The complete text of
Section 508 Final Provisions can be accessed at http://www.access-board.gov/guidelines-and-standar ds/communications-and-it/about-the-section-508-sta ndards.
(b) The Section 508 accessibility standards applicable to this contract or order are identified in the Statement of Work or
Specification or Performance Work Statement. The contractor must provide any necessary updates to the submitted HHS Product Assessment Template(s) at the end of each contract or order exceeding the simplified acquisition threshold (see FAR
2.101) when the contract or order duration is one year or less. If it is determined by the
Government that EIT supplies and services provided by the Contractor do not conform to the described accessibility standards in the contract, remediation of the supplies or services to the level of conformance specified in the contract will be the responsibility of the
Contractor at its own expense.
(c) The Section 508…
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