19-233-SOL-00036_WHP_Portal_RFQ.pdf

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

PSC/FMP/AMS/SLC

SALT LAKE CITY UT 84111

4TH FLOOR

299 SOUTH MAIN STREET

PSC/FMP/AMS/SLC

CODE 16. ADMINISTERED BYCODE

X

X

518210

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORPSC/FMP/AMS/SLC

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

11/13/2018

385-285-7380DEBBIE HOPE

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIME

11/29/2018 1600 ET

b. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

19-233-SOL-00036

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 82 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

SALT LAKE CITY UT 84111

4TH FLOOR

299 SOUTH MAIN STREET

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$32.50

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)

PSC/FMP/AMS/SLC

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: FOH Interactive Wellness and Health Promotion Web Portal (WHP Portal)

Base Period WHP Portal Services

Base Period Travel Continued ...

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

DATED

DEBBIE L. HOPE

. 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.

3 Option Period 1

WHP Portal Services

(Option Line Item)

4 Option Period 1

Travel

(Option Line Item)

5 Option Period 2

WHP Portal Services

(Option Line Item)

6 Option Period 2

Travel

(Option Line Item)

7 Option Period 3

WHP Portal Services

(Option Line Item)

8 Option Period 3

Travel

(Option Line Item)

9 Option Period 4

WHP Portal Services

(Option Line Item)

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

82 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 82

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

19-233-SOL-00036

10 Option Period 4

Travel

(Option Line Item)

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

Solicitation 19-233-SOL-00036 Interactive Wellness and Health Promotion Web Portal

SECTION B – PRODUCTS OR SERVICES AND PRICES/COSTS

B.1 BRIEF DESCRIPTION OF SERVICES

This requirement is a commercial service conducted under FAR Part 12 and 13.5, as supplemented, to acquire a web-based, Contractor-Owned/ Contractor-Operated (COCO) health promotion product that includes comprehensive self–management tools, targeted interventions, and interactive contacts to foster program engagement. It must include online Health Appraisals (HA), (also known as health risk appraisal or HRA), personalized healthy lifestyle information, fitness center attendance tracking, and other tailored tracking and assessment tools to deliver a complete interactive health and wellness and health promotion system for eligible Federal employees of FOH’s customers, as appropriate.

B.2 TYPE OF CONTRACT

The contract type is Indefinite Delivery Indefinite Quantity (IDIQ)

B.3 TYPE OF ORDERS (IDIQ)

Task or delivery orders issued under this IDIQ contract shall be: Firm Fixed Priced (FFP)

B.4 MINIMUM AND MAXIMUM QUANTITIES (IDIQ)

During the contract period, the Government shall place orders totaling a minimum of $1,000.

This reflects the contract minimum for the entire period of performance, including any options.

The contract maximum for the entire period of performance, including any options, shall be for the placement of orders totaling a maximum of $4.3 million.

The initial task order will be no less than $1,000 and will be issued upon contract award, subject to final approval of the Authority to Operate (ATO) certificate and modification of the Period of Performance.

B.5 CONTRACT LINE ITEM PRICING (IDIQ)

The price for each task order will be based on the fixed unit prices listed below and estimated quantity, or FFP amount, to be determined at the time of task order award.

The Contractor will be paid in accordance with the pricing tables below.

Base Period:

TASKS:

Estimated Max Quantity per Option

Period Fixed Price per

Unit

Total Price for evaluation purposes

Task Area 1: Wellness and Health Promotion Web Portal Usage (price per user or per block of 1,000 users)

96,000 ea.

Task Area 2: Customization (i.e., additional report queries, customized incentive programs, HA changes; price per hour)

300 hours

Task Area 3: Fitness Membership Attendance Tracking (price per user or per block of 1,000 users)

10,000 ea.

Travel: Program Reviews 1 per year NTE $2,000.00 NTE $2,000.00

Dual Factor Security Tokens (price per unit)

78 ea.

Option Period 1:

TASK AREAS

Estimated Max Quantity per Option

Period purposes

Task Area 1: Wellness and Health Promotion Web Portal Usage (price per user or per block of 1,000 users)

103,200 ea.

Task Area 2: Customization (i.e., additional report queries, customized incentive programs, HA changes; price per hour)

300 hours

Task Area 3: Fitness Membership Attendance Tracking (price per user or per block of 1,000 users)

11,000 ea.

Travel: Program Reviews 1 per year NTE $2,000.00 NTE $2,000.00

Dual Factor Security Tokens (price per unit)

90 ea.

Option Period 2

TASK AREAS

Estimated Max Quantity per Option

Period Fixed Price per

Unit Total Price for evaluation purposes

Task Area 1: Wellness and Health Promotion Web Portal Usage (price per user or per block of 1,000 users)

110,400 ea.

Task Area 2: Customization (i.e., additional report queries, customized incentive programs, HA changes; price per hour)

300 hours

Task Area 3: Fitness Membership Attendance Tracking (price per user or per block of 1,000 users)

12,000 ea.

Travel: Program Reviews 1 per year NTE $2,000.00 NTE $2,000.00

Dual Factor Security Tokens (price per unit)

102 ea.

Option Period 3:

TASK AREAS

Estimated Max Quantity per

Option Period Fixed Price per

Unit Total Price for evaluation purposes

Task Area 1: Wellness and Health Promotion Web Portal Usage (price per user or per block of 1,000 users)

117,600 ea.

Task Area 2: Customization (i.e., additional report queries, 300 hours customized incentive programs, HA changes; price per hour)

Task Area 3: Fitness Membership Attendance Tracking (price per user or per block of 1,000 users)

13,000 ea.

Travel: Program Reviews 1 per year NTE $2,000.00 NTE $2,000.00

Dual Factor Security Tokens

114 ea.

Option Period 4:

TASK AREAS

Estimated Max Quantity per

Option Period purposes

Task Area 1: Wellness and Health Promotion Web Portal Usage (price per user or per block of 1,000 users)

124,800 ea.

Task Area 2: Customization (i.e., additional report queries, customized incentive programs, HA changes; price per hour)

300 hours

Task Area 3: Fitness Membership Attendance Tracking (price per user or per block of 1,000 users)

14,000 ea.

Travel: Program Reviews 1 per year NTE $2,000.00 NTE $2,000.00

Dual Factor Security Tokens

126 ea.

In accordance with Section F.1, the period of performance for individual task orders can extend beyond the expiration date of the base IDIQ and may include options, which may extend up to 60 months. For the task order options that exceed the base Option Periods and are not priced in the base IDIQ, a quote will be requested from the Contractor for a FFP for each task, which will be negotiated and evaluated at the task order level. Evaluation of these FFP TOs will use the same methodology as used to evaluate the base IDIQ fixed unit prices from time of award.

SECTION C: DESCRIPTION/SPECIFICATIONS/PERFORMANCE WORK

STATEMENT – Reference Attachment 1 PWS (Secure)

SECTION D - PACKAGING AND MARKING

D.1 PACKAGING AND MARKING

All deliverables shall be delivered to the Contracting Officer’s Representative (COR) identified in Section G and shall be marked as follows:

1. Name and address of the Contractor;

2. Contract Number;

3. Description of item contained therein; and

4. Consignee's name and address.

D.2 PAYMENT OF POSTAGE AND FEES

All postage and fees related to submitting information including forms, reports, etc. to the Contracting Officer or COR shall be paid by the Contractor.

SECTION E - INSPECTION AND ACCEPTANCE

E.1 INSPECTION AND ACCEPTANCE

Pursuant to FAR clause 52.212-4, all work described in Section C to be delivered under this contract is subject to final inspection and acceptance by an authorized representative of the Government. The authorized representative of the Government is the Contracting Officer’s Representative (COR), who is responsible for inspection and acceptance of all services, materials, or supplies to be provided by the Contractor.

E.1.1 Inspection and Acceptance Criteria Final inspection and acceptance of all work performed, reports and other deliverables will be performed at the place of delivery by the COR.

E.1.2 General Acceptance Criteria General quality measures, as set forth below, will be applied to each work product received from the Contractor under this Statement of Work.

• Accuracy - Work Products shall be accurate in presentation, technical content, and adherence to accepted elements of style.

• Clarity - Work Products shall be clear and concise. Any/all diagrams shall be easy to understand and be relevant to the supporting narrative.

• Consistency to Requirements - All work products must satisfy the requirements of this Statement of Work.

• File Editing - All text and diagrammatic files shall be editable by the Government.

• Format - Work Products shall be submitted in hard copy and electronic copy. The electronic copy must be in a format as indicated in the Deliverables Table.

E.2 APPROVALS BY THE COR

All services delivered to the COR will be deemed to have been accepted 30 calendar days after the last day of each performance month, except as otherwise specified in this contract, if written approval or disapproval has not been given within such period.

SECTION F – DELIVERIES OR PERFORMANCE

F.1 PERIOD OF PERFORMANCE – Authority to Operate (ATO)

The period of performance shall consist of a base period of 12-months with four (4) 12-month option periods. The base period shall commence upon receipt of the final approved ATO certificate by the CO. The Contractor shall provide notice to the CO and COR upon submission of the ATO package submittal to ISSO for approval. Upon receipt of the final approved ATO certificate, the CO shall fill-in the specific dates in the chart set forth below and the CO will issue a modification that will establish the start date for the base period of performance. If the Contractor has not obtained and delivered a final approved ATO certificate to the CO within 12-months from the effective date of this contract, the Government reserves the right to terminate the contract at no cost to the Government.

The anticipated period of performance shall be for a base period of 12-months with four (4) 12-month option periods, as follows:

Base Period: TBD Option Period 1: TBD Option Period 2: TBD Option Period 3: TBD Option Period 4: TBD

Option periods may be exercised in accordance with FAR Clause 52.217-9 entitled "Option to Extend the Term of the Contract."

The period of performance for individual task orders can extend beyond the expiration date of the IDIQ. In accordance with 52.216-22, Indefinite Quantity, options on task orders may be exercised after the expiration date of the IDIQ. The Contractor shall not be required to make any deliveries under this contract after the completion of the order, including options, which should not extend 60 months, following the expiration of the IDIQ ordering period.

F.2 PLACE OF PERFORMANCE (IDIQ)

The work is to be performed at the Contractor’s facility or as specified in individual task orders;

the websites/services provided shall be accessible on-line.

F.3 OBSERVANCE OF FEDERAL HOLIDAYS

Deliverables due on a Saturday, Sunday, or Federal holiday shall be due on the following business day.

1. New Year’s Day January 1st

2. Martin Luther King’s Birthday Third Monday in Jan.

3. President’s Day Third Monday in Feb.

4. Memorial Day Last Monday in May

5. Independence Day July 4th

6. Labor Day First Monday in Sept.

7. Columbus Day Second Monday in Oct.

8. Veteran’s Day November 11

9. Thanksgiving Day Fourth Thursday Nov.

10. Christmas Day December 25

F.4 REPORTING REQUIREMENTS/DELIVERABLES

The Contractor shall submit all required deliverables in accordance with the schedule established in each individual task order or as stated below. Deliverables submitted under individual task order shall reference and cite the contract number and the specific task order number.

The Contractor shall submit deliverables that are clear, concise, and complete, and that conform in format and structure to standards that shall be agreed to in advance between the Contractor and the COR. Certain types of deliverables shall be submitted in draft form initially, allowing the COR to review and provide additional information and/or clarification comments for possible inclusion in the final version.

F.5 DELIVERABLES

No. Deliverable Description Due Date

1 Power Point / Agenda for Annual Program Review

Power Point Slides per Agenda Topics (see Section C.6)

As required, but no more than once per year. Submitted to COR seven (7) business days prior to meeting held at FOH

Headquarters in Bethesda or Salt Lake City office.

DATA EXPORT

FILE

Contractor must provide an export of all data in an acceptable format to the COR as specified in Section C.5.

Delivered by mutually agreed date Contractor but no later than 30 days before the expiration of the contract with updates 15 days before the expiration of the contract. .

3 MONTHLY

REPORT

SUMMARY

Provide monthly report summary of Total HAs completed per website and total usage per website

Due by 5th of the following month

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 AUTHORITIES OF GOVERNMENT PERSONNEL

Notwithstanding the Contractor's responsibility for total management during the performance of this contract, the administration of this contract will require maximum coordination between the Government and the Contractor. The following individuals will be the Government's points of contact during the performance of this contract:

Contracting Officer Name: Debbie Hope Address: 299 South Main Street, Floor 4th Phone: 382-285-7380 Email: Debbie.Hope@psc.hhs.gov

All communications pertaining to contractual and/or administrative matters under this contract shall be sent to:

Contract Specialist Name: Debbie Hope Address: 299 South Main Street, Floor 4th Phone: 382-285-7380 Email: Debbie.Hope@psc.hhs.gov

Contracting Officer's Representative Name: Kari Lockett Address: 100 Alabama Street, Room 2R40, Atlanta, GA 30303 Phone: 202-868-9914 Email: kari.lockett@foh.hhs.gov

Note: The Contracting Officer is the only individual authorized to modify the contract.

G.2 CONTRACTING OFFICER'S REPRESENTATIVE (COR) AUTHORITY

(a) Performance of work under this contract must be subject to the technical direction of the Contracting Officer's Representative identified above, or a representative designated in writing.

The term "technical direction" includes, without limitation, direction to the Contractor that directs or redirects the labor effort, shifts the work between work areas or locations, fills in details and otherwise serves to ensure that tasks outlined in the work statement are accomplished satisfactorily.

(b) Technical direction must be within the scope of the specification(s)/work statement.

The Contracting Officer's Representative does not have authority to issue technical direction that:

(1) Constitutes a change of assignment or additional work outside the specification(s)/statement of work;

(2) Constitutes a change as defined in the clause entitled "Changes";

(3) In any manner causes an increase or decrease in the contract price, or the time required for contract performance;

(4) Changes any of the terms, conditions, or specification(s)/work statement of the contract;

(5) Interferes with the Contractor's right to perform under the terms and conditions of the contract; or

(6) Directs, supervises or otherwise controls the actions of the Contractor's employees.

(c) Technical direction may be oral or in writing. The Contracting Officer's Representative shall confirm oral direction in writing within five workdays, with a copy to the Contracting Officer.

(d) The Contractor shall proceed promptly with performance resulting from the technical direction issued by the Contracting Officers, Representative. If, in the opinion of the Contractor, any direction of the Contracting Officers, Representative, or his/her designee, falls within the limitations in (b), above, the Contractor shall immediately notify the Contracting Officer no later than the beginning of the next Government work day.

(e) Failure of the Contractor and the Contracting Officer to agree that technical direction is within the scope of the contract shall be subject to the terms of the clause entitled "Disputes."

G.3 INVOICES - COMMERCIAL (IDIQ)

The Contractor must submit a separate invoice for each task order issued under the IDIQ.

(1) Invoice Submission

The Contractor shall submit invoices once per month.

A proper invoice, with all required back-up documentation shall be sent electronically, via email, to the COR mailbox:

Contracting Officer's Representative (COR): TBD

A proper invoice, not including non-invoice related documents (i.e. deliverables, reports, balance statements) shall be sent electronically, via email, to:

1. Contract Specialist via mailbox: pscsas.invoices@psc.hhs.gov

2. Financial Management Service (FMS) via mailbox: psc_invoices@psc.hhs.gov

The subject line of your email invoice submission shall contain the contract number, order number (if applicable), and the number of invoices. The Contractor shall send one email per contract per month. The email may have multiple invoices for the contract. Invoices must be in the following formats: PDF, TIFF, or Word. No Excel formats will be accepted. The electronic file cannot contain multiple invoices; example, 10 invoices requires 10 separate files (PDF or TIFF or Word).

Invoices shall be submitted in accordance with the contract terms, i.e. payment schedule, progress payments, partial payments, deliverables, etc.

All calls concerning contract payment shall be directed to the COR.

Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(2) Invoice Elements

In accordance with FAR 52.212-4, Contract Terms and Conditions-Commercial Items, the Contractor shall submit an electronic invoice to the email addresses designated in the contract to receive invoices. A proper invoice must include the following items:

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and mailto:pscsas.invoices@psc.hhs.gov mailto:psc_invoices@psc.hhs.gov

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice.

(B) In accordance with the requirements of the Debt Collection Improvement Act of 1996, all payments under this order will be made by electronic funds transfer (EFT). The Contractor shall provide financial institution information to the Finance Office designated above in accordance with FAR 52.232-33 Payment by Electronic Funds Transfer - System for Award Management.

Additionally, the Program Support Center (PSC) requires:

(i) the invoice to break-out price/cost by contract line item number (CLIN) as specified in the pricing section of the contract

(ii) the invoice to include the Dun & Bradstreet Number (DUNS) of the Contractor

G.4 DATA TO BE DELIVERED

Any working papers, interim reports, data given by the Government or first produced by the Contractor under the contract or collected or otherwise obtained by the Contractor under the contract, or results obtained or developed by the Contractor, including any subcontractors or consultants, pursuant to the fulfillment of this contract are to be delivered, documented, and formatted as directed by the COR.

In addition, information and data, which are held by the Contractor related to the operation of their business and/or institution and which are obtained without the use of federal funds, shall be considered “PROPRIETARY DATA” and are not “subject data” to be delivered under this contract.

G.5 TRAVEL RELATED COSTS (IDIQ)

If travel is authorized in individual task orders, the Contractor will be reimbursed for all domestic travel as described below and in accordance with FAR 31.205-46, incurred directly and specifically in the performance of this contract, claimed by the Contractor and accepted by the COR. All travel shall be approved by the COR prior to incurring any costs.

Domestic travel expenses incurred by the Contractor in direct performance of the contract shall be reimbursed provided such travel is necessary for the performance of this contract and the cost does not exceed:

a. The lowest customary standard, coach, or equivalent airfare offered during normal business hours for air travel except when such accommodations: 1) require circuitous routing, 2) require travel during unreasonable hours, 3) excessively prolong travel, 4) result in increased costs that would offset transportation savings, 5) are not reasonably adequate for the physical or medical needs of the traveler, or 6) are not reasonably available to meet mission requirements. In order for costs in excess of customary standard or coach airfare to be considered allowable, the applicable exception must be documented and justified.

b. Costs of rail travel by most direct route, coach-class accommodations.

c. The prevailing mileage rate set forth in the Federal Travel Regulation (FTR) or reasonable actual expenses for travel by motor vehicle. Travel by motor vehicle, including rented automobile, shall be reimbursed on a reasonable actual expense basis, or at the Contractor's option, on a mileage basis at the prevailing FTR rate, plus any toll or ferry charges.

d. The prevailing rates set forth in the FTR for lodging, meals and incidental expenses.

G.6 ELECTRONIC SUBCONTRACTING REPORTING SYSTEM (eSRS) REPORTING

The Contractor shall report all subcontract awards to small, small disadvantaged, women-owned, HUBZones, veteran-owned and service-disabled veteran-owned small business concerns. The reports shall be prepared using the electronic Subcontracting Reporting System (eSRS) via the internet at http://www.esrs.gov. The Individual Subcontracting Report (ISR), formerly SF 294, shall be submitted semi-annually for the periods of October 1 through March 31 and April 1 through September 30. The Summary Subcontracting Report (SSR), formerly, SF 295 shall be submitted annually for the period of October 1 through September 30.

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 EQUAL EMPLOYMENT OPPORTUNITY POSTERS

In order to comply with the notice posting requirements of FAR clause 52.222-26 Equal Opportunity as incorporated into the contract, the Contractor shall obtain the posters from the following link: https://www1.eeoc.gov/employers/poster.cfm.

H.2 KEY PERSONNEL

The key personnel subject to HHSAR Clause 352.237-75 are as follows:

Name Position Title

To be completed in individual task orders when applicable.

H.3 PROHIBITION AGAINST PERSONAL SERVICES

The Contractor shall not perform personal services under this contract. Contractor personnel are employees of the Contractor or its subcontractors and are under the administrative control and supervision of the Contractor. A Contractor supervisor must give all individual Contractor employee assignments and daily work direction. The Government will not supervise or direct Contractor employees in the performance of their assignments. If at any time the Contractor believes that any Government action or communication has been given that would create a https://www1.eeoc.gov/employers/poster.cfm personal service relationship between the Government and any Contractor employee, the Contractor shall promptly notify the Contracting Officer of this communication or action. The Contractor shall not perform any inherently-governmental functions under this contract. No Contractor employee shall represent or give the appearance that he/she is a Government employee, agent or representative. No Contractor employee shall state orally or in writing at any time that he or she is acting on behalf of the Government. The Contractor is responsible for ensuring that all employees assigned to this contract understand and are committed to following these requirements.

H.4 CONTRACTOR PERFORMANCE EVALUATION(S)

During the life of this contract, Contractor performance will be evaluated on an interim and final basis pursuant to FAR Subpart 42.15. The Contractor Performance Assessment Reporting System (CPARS) will be utilized for these reviews. Information on CPARS can be located at http://www.cpars.gov.

H.5 POST AWARD ORGANIZATIONAL CONFLICT OF INTEREST

a. General: The Contractor shall have programs in place to identify, report, and mitigate actual and potential conflicts of interest for itself, its employees, subcontractors and consultants.

The existence of such programs and the disclosure of known actual or potential conflicts are material performance requirements of this contract.

b. Disclosure: The Contractor shall report all actual and potential conflicts of interest pertaining to this contract to the Contracting Officer, including those that would be caused by a contemplated modification to this contact or another contract. Such reports shall be in writing (including by email). Upon request, the Contractor shall respond to a Contracting Officer's request for an OCI mitigation plan.

c. Resolution: In the event the Contracting Officer determines that a conflict of interest exists, based on disclosure from the Contractor or from other sources, the Contracting Officer shall take action which may include, but is not limited to, requesting a mitigation plan from the Contractor, terminating part or all of the contract, modifying the contract or obtaining a waiver in accordance with applicable law, including FAR 9.503 as applicable.

H.6 TASK ORDER PLACEMENT AND ORDERING

Prior to the issuance of the initial Task Order the Contractor will be expected to fulfill all requirements needed to demonstrate that the system has been secured properly, it can receive an ATO from the HHS Office of the Chief Information Officer, and that the system will pass scanning for 508-accessibility validation. The Base Period may commence upon successful completion of ATO certification, 508 compliance requirements, and initial system configuration.

See section C.6.1.

This contract will be administered by issuing Task Orders to the Contractor for the performance of work. The following ordering procedures shall apply to all Task Orders issued under this contract.

Only an authorized Government Contracting Officer can issue a Task Order under this contract.

No work will be performed and no payment will be made except as authorized by a signed Task Order. All Task Orders are subject to the terms and conditions of the base contract. In the event of conflict between a Task Order and the contract, the contract will take precedence.

The Contracting Officer will authorize, sign, and issue individually priced Task Orders for services in accordance with the resultant contract. The Task Order process described below represents the Government’s approach to issuing a Task Order:

1. The specific Task areas and quantities will be provided to the Contracting Office which will be multiplied by the fixed price established in the base contract.

2. The Contracting Officer will provide a unilateral Task Order based on the terms and conditions established in the base contract. Each Task Order will include the following information:

• A description of work, quantities and/or Statement of Work, as applicable;

• The desired delivery schedule and/or required completion date(s), milestones, reporting requirement and list of deliverables, as applicable;

• Any special instructions, conditions, notices, deliverables, performance measures, as applicable to the Task Order;

3. Task areas will be under the base contract line item as required.

Individual Task Orders will normally not be awarded that exceed a period longer than 12 months unless such limits are waived by the Contracting Officer.

The Contractor shall submit separate invoices for each Task Order and include the IDIQ contract number as well as the Task Order number.

SECTION I – FEDERAL ACQUISITION REGULATION CLAUSES

I.1 CONTRACT CLAUSES

FEDERAL ACQUISITION REGULATION (FAR) (48 CFR CHAPTER 1) AND HEALTH

AND HUMAN SERVICES ACQUISITION REGULATION CONTRACT CLAUSES

Clauses incorporated by reference:

FAR 52.204-9 -- Personal Identity Verification of Contractor Personnel (Jan 2011) FAR 52.204-13 – System for Award Management Maintenance (Oct 2016) FAR 52.204-18 Commercial and Government Entity Code Maintenance (Jul 2016) FAR 52.204-19 – Incorporation by Reference of Representations and Certifications (Dec 2014) FAR 52.204-21 – Basic Safeguarding of Covered Contractor Information Systems (Jun 2016) FAR 52.224-1 -- Privacy Act Notification (Apr 1984)

FAR 52.224-2 -- Privacy Act (Apr 1984) FAR 52.237-3 -- Continuity of Services (Jan 1991) FAR 52.237-10 -- Identification of Uncompensated Overtime (Mar 2015) FAR 52.242-13 -- Bankruptcy (Jul 1995) FAR 52.242-15 -- Stop-Work Order (Aug. 1989) FAR 52.245-1 -- Government Property (Jan 2017) FAR 52.245-9 -- Use and Charges (Apr 2012)

HHSAR 352.203-70 Anti-Lobbying (December 18, 2015) HHSAR 352.208-70 Printing and Duplication (December 18, 2015) HHSAR 352.222-70 Contractor Cooperation in Equal Employment Opportunity Investigations (December 18, 2015) HHSAR 352.223-70 Safety and Health (December 18, 2015) HHSAR 352.224-70 Privacy Act (December 18, 2015) HHSAR 352.224-71 Confidential Information (December 18, 2015) HHSAR 352.231-70 Salary Rate Limitation (December 18, 2015) HHSAR 352.237-71 Crime Control Act—Reporting of Child Abuse (December 18, 2015) HHSAR 352.237-75 Key Personnel (December 18, 2015)

Clauses incorporated by full text:

FAR 52.212-4 -- Contract Terms and Conditions -- Commercial Items (Oct 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights --

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C.3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include --

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer— System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.

3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt Payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period at fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law.

If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) Reserved

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End Use License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. 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)

52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Jul 2018)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(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) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and

Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 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:

[Contracting Officer check as appropriate.]

_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).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 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).

___ (5) [Reserved]

___…