Additional_Terms_and_Conditions_-_Internal_Medical_Quality_Assurance_Review.doc

Solicitation Number: IHS-19-236-SOL-00002 IHS Internal Medical Quality Assurance Review

Section B – Products or Services and Prices/Costs

B.1.

TYPE OF CONTRACT (FAR 52.216-1 (APR 1984))

The Government contemplates award of a Firm-Fixed-Price contract resulting from this solicitation.

B.2.

CONSIDERATION AND PAYMENT

The Contractor shall provide the services described in Section C, Description/ Specifications/Performance Work Statement (PWS). Except as otherwise specified in the contract, the Contractor shall furnish the necessary personnel, materials, services, facilities, and otherwise provide all tasks necessary for or incident to the performance of the work set forth herein.

B.3.

CONTRACT PRICE

Unit

Quantity

Hourly Rate ($)

Total Price ($)

The Contractor must notify the COR of any travel requirement at least 30 business days prior to the actual travel date.

Section C – Description/SpecificationS/PERFORMANCE WORK STATEMENT

IHS Medical Quality Assurance Review

I. Background

Providing quality health care services to its patients requires that IHS provide a safe treatment environment. The IHS intends to perform an internal patient safety medical quality assurance review of the Indian Health Service’s (IHS) policies and procedures regarding the reporting of allegations of sexual abuse of IHS patients by IHS clinical staff. IHS is assessing both a retrospective and current state of the agency’s compliance with existing laws, regulations, and policies regarding patient safety and protection of patients from sexual abuse and assault. IHS takes very seriously its responsibilities to protect Indian patients and especially Indian children and is committed to improving its system to ensure the maximum protection of IHS patients.

II. Scope

We seek a comprehensive analysis showing how IHS could significantly improve the identification of, and response to complaints of patient abuse, especially sexual abuse of minors. The contractor will perform a fact- finding inquiry and record review at the Oklahoma Area IHS, Billings Area IHS and Great Plains Area IHS, and IHS Headquarters in Rockville, MD. The period of the records to review are from 1986 to 2018. The contractor will have access to documentation including agency policies and procedures, contracts and other agreements, personnel files, agency correspondence and agency employees to conduct interviews.

III. Objectives

The objectives of the review will be to: (a) identify facts relating to IHS’s policies and procedures regarding the reporting of allegations of sexual abuse of IHS patients by clinical staff; (b) identify any possible process or system failures and the contributing causes of any such process or system failures; and (c) make recommendations for improvement. Upon completion of the contracted work, the IHS should be in a position to quickly adopt policies and standard operating procedures, templates and timelines that establish a clear outline of reporting channels to hold all agency staff accountable, including the order in which required steps should be performed. Additionally, we seek recommendations for training activities to effectively implement new, streamlined standard operating procedures that will result in increased accountability of all staff, reduce risk of reprisal against reporters and whistleblowers, and provide for more timely and useful reporting of suspected abuse of patients.

We seek to assess how effective agency policies have been since 1986, and to develop and/or improve policies and procedures that focus on:

a. Timely reporting of suspected or known sexual abuse of IHS patients by IHS providers to appropriate authorities;

b. Supervisory or other line management handling of reported suspicion of sexual abuse;

c. Prompt action to temporarily remove a suspected abusive provider out of the work environment to facilitate an administrative or criminal investigation;

d. Providing timely and complete information to support internal or external reviewers or investigators to promote an effective and informative investigation;

e. Taking prompt and effective remedial action on specific conclusions reached in an investigation;

f. Avoiding a transfer or “passing around” within the agency of problem providers or other staff.

IV. Contractor Qualifications

I. The contractor must have a comprehensive understanding of and experience in conducting investigations; reviews of compliance with laws, regulations and policies; identifying weaknesses in day-to-day operations and reporting systems applicable to allegations of impropriety; developing recommendations to effectively remediate weaknesses and to strengthen and improve agency operations.

II. The contractor must have extensive, demonstrated experience drafting, editing and presenting detailed, comprehensive reports, together with sample of recommended statements of procedure, accountability systems, and instruction training materials.

III. The contractor’s proposal must demonstrate that the contractor as an organization, and the contractor’s key personnel, are available to successfully complete the intended work on time and within a detailed specified budget; fulfilling the intended scope and objective of the work without unduly disrupting the ongoing activities of the agency or its personnel, and without violating any applicable laws or limitations the IHS specifies in this scope of work.

IV. The contractor must identify and provide resumes for the key personnel to be assigned to this task. Key personnel are all individuals who will be supporting this task in a primary capacity, including both full and part-time personnel.

V. The contractor must demonstrate past accomplishments in raising performance outcomes and provide examples of success in the following areas: Evaluation, design and implementation of clinical and non-clinical hospital protocols and practices; quality improvement and patient safety; successful implementation of patient safety modalities and engagement of front-line staff and hospital leadership.

VI. The contractor must demonstrate knowledge and understanding of the organizational culture within the health care environment of the Indian Health Service. It is highly desirable for the contractor to possess experience in working within the organizational culture within the Indian Health Service. Additionally, the contractor must possess experience and knowledge in how to evaluate and improve the organizational culture within a hospital environment with the overall goal of establishing a high performing organization.

V. Contract Deliverables/Tasks:

Work will be performed by the contractor at his or her own office location, and with contractor owned equipment. However, space will be made available within each of the three area Offices and IHS Headquarters as needed to perform interviews or obtain records.

Written progress reports will be provided within 30 days after the contract award, and each 30 day period thereafter until all deliverables are completed.

1. Within 60 days of contract award:

· Collect and organize any facts regarding reported allegations of sexual abuse of IHS patients.

· 25% of the total firm fixed price award amount is to be reimbursed upon acceptance of this deliverable.

2. Within 120 days of contract award:

· Perform a thorough analysis of factors that contributed to any possible underlying process and system failures (root causes).

· 25% of the total firm fixed price award amount is to be reimbursed upon acceptance of this deliverable.

3. Within 150 days of contract award:

· Identify the contributing factors.

· Identify the root causes.

· 25% of the total firm fixed price award amount is to be reimbursed upon acceptance of these deliverables.

4. Within 180 days of contact award:

· Submit a final written report to IHS with recommendations for improvement and elimination of root causes.

· 25% of the total firm fixed price award amount is to be reimbursed upon acceptance of this deliverable.

VI. Access and Confidentiality The contractor will have limited access to government facilities to perform the work. Contractor representatives will receive temporary passes, which must be displayed and used accordance with government rules and procedures.

There will be no access given to the Contractor to government IT systems in connection with this, except as follows:

Information supplied to the Contractor in connection with the work will include private, personnel sensitive, and HIPAA protected information. The Contractor must maintain the confidentiality of this information and use it only to perform the work contemplated in this statement of work. Any use, disclosure or raise of this information by the Contractor to third parties in the course of the work, whether for research analysis or otherwise, will require the specific written authorization of the Contracting Officer. Unauthorized use or disclosure of private sensitive or other protected information may be considered a breach of contract and subject the Contractor and/or its representatives to penalties as provided by law. All Contractor representatives will be required to sign a non-disclosure agreement in connection with thus statement of work at the time of the award.

The contractor warrants that, to the best of the Contractor’s knowledge and belief, there are no relevant facts or circumstances that would give rise to an organizational conflict of interest as defined in FAR subpart 9.5, or that the Contractor has disclosed all such information. The Contractor agrees that if an actual or potential organizational conflict of interest is discovered after award, the Contractor will make a full disclosure in writing to the Contracting Officer. The disclosure must include a description of all actions the Contractor has taken or proposes to take, after consultation with the Contracting Officer, to avoid, mitigate, or neutralize the actual or potential conflict.

SECTION D – PACKAGING AND MARKING

N/A

SECTION E – INSPECTION AND ACCEPTANCE

E.1.

INSPECTION AND ACCEPTANCE

All work under this contract is subject to inspection and final acceptance by the Contracting Officer (COR) or the duly authorized representative of the government. The Contracting Officer’s Representative (COR), as a duly authorized representative of the Contracting Officer, shall assume the responsibilities for monitoring the Contractor’s performance, evaluating the quality of services provided by the Contractor, and performing final inspection and acceptance of all deliverables and services called for by the contract.

E.2.

QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

Purpose:

The purpose of this quality assurance surveillance plan (QASP) is to provide a government-developed and applied system to assure the use of quality assurance methods in the administration of the performance based acquisition standards. The intent is to ensure that the program services are provided in accordance with performance requirements set forth in the contract documents, that the government receives the quality of services called for in the contract and that the government only pays for the acceptable level of services received.

This plan provides the basis for the COR to evaluate the quality of the contractor’s performance. The oversight provided for in the contract and in this plan will help ensure that service levels reach and maintain the required levels throughout the contract term. Further, this plan provides the COR with a proactive way to avoid unacceptable or deficient performance and provides verifiable input for the required annual past performance evaluations.

Authority:

Authority to issue this QASP is provided under Section E.2. – Inspection and Acceptance, which provide for inspection and acceptance of the articles, services, and documentation called for in task orders to be accomplished by the CO or COR.

Scope:

The Contractor is responsible for management and quality control actions necessary to meet the quality standards set forth by the contract. The Contractor develops and submits its quality control plan (QCP) for government approval in compliance with its contract deliverables.

The Contractor must provide a quality control plan that contains, at a minimum, the items listed below to the contracting officer for acceptance not later than the post-award conference. The CO will notify the Contractor of acceptance or required modifications to the plan before the contract start date. The Contractor must make appropriate modifications and obtain acceptance of the plan for the CO before the contract start date. The plan must include:

A description of the inspection system to cover all services listed on the performance requirements summary. The description must include specifics as to the areas to be inspected on both a scheduled and unscheduled basis, frequency of inspections, and the title and organizational placement of the inspectors.

A description of the methods to be used for identifying and preventing defects in the quality of service performed.

The plan must ensure that no patient personally identifiable information is disclosed to the contractor in accordance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA), Public Law 104-191.

Once accepted, the Contractor then used the QCP to guide and rigorously document the implementation of the required management and quality control actions to achieve the specified results.

The QASP is put in place by the COR to provide government surveillance oversight of the Contractor’s quality control efforts to assure that they are timely, effective and delivering the results specified in the contract or task order. The QASP is not a part of the contract, nor is it intended to duplicate the Contractor’s QCP.

Government Resources

Contracting Officer (CO): Paul Premoe Contracting Officer’s Representative (COR): To be disclosed upon award.

Program Manager (PM): To be disclosed upon award.

Responsibilities

CO: Manage overall contract to assure that the Contractor receives fair and equitable treatment under the contract, as well as, determine whether the Contractor’s performance is adequate.

COR: Provide technical administration of the project and assure government surveillance of the Contractor’s performance. Inform the CO and the PM about Contractor performance and recommend payment of invoices. Participate in conference calls with the Contractor and attend occasional face-to-face meetings. Purpose of communications is to review project progress, discuss issues or problems, and develop recommendations.

PM: Provide technical oversight of the contract and report findings to the COR. Participate in weekly calls with the Contractor and attend occasional face-to-face meetings. Purpose of communications is to review project progress, discuss issues or problems, and develop recommendations.

Methods of Surveillance

The methods of surveillance listed below shall be used in the administration of this QASP. In addition to specific instructions that may be mentioned, the appropriate and standardized form that is to be used for documentation for QA surveillance is the surveillance activity checklist. Government staff will use these surveillance methods:

A. COR/PM Feedback - Government staff will use this method to inspect and approve: The PM will review and recommend approval or corrections as appropriate to the COR, who will then approve after due consideration of performance standards. The COR/PM Feedback Form will be used each time the Contractor sends curriculum or reports to COR and PM. Procedures to be used for materials:

1. Visual inspection, reading for content, layout, visual appeal, organization, and cultural acceptability of the curriculum, lessons, lessons plans, teaching tools and Evaluation Reports by the PM and then recommendation to the COR for Approval or for corrective actions to be taken if needed.

B. Evaluation Summaries - This method of government method of monitoring relies on the evaluation summaries that is related to actual requirements of the contract. The evaluation summaries will be used each time the Contractor hosts a training at the pilot sites. The Contract Discrepancy Report (see Performance Evaluation below) will be used when the contractor does not meet the standards when evaluated by the COR and/or Program Manager.

Identified QA Surveillance Tasks (QASP) – Acceptable Quality Levels (AQL)

Performance Evaluation

If the Contractor fails to perform required services at the acceptable quality level, payment may be withheld until the contractor makes corrections. In the event that the contractor is failing to perform any required services, the COR will provide written notice of such to the PM, the Contracting Office and the contractor. The Contracting Office will issue the contractor a Contractor Discrepancy Report (CDR). The contractor shall have 14 calendar days to provide the Contracting Office with contractor’s response to the CDR. Upon evaluation of the Contractor’s response to the CDR for tasks surveilled, the contractor’s payment for the month in which the performance in question occurred will be calculated. For this example, assume the following:

a. progress reports at the 90% compliance level to IHS COR and PM as specified;

b. progress report is not provided in timeframe identified; and

c. billing.

The maximum payment percentage to be withheld for not meeting the AQL would be 10%.

Documentation

The Program Manager will, in addition to providing documentation to the Contracting Officer, maintain a complete quality assurance file. The will contain copies of all reports, evaluations, recommendations, and any actions related to the government’s performance of the quality assurance function, including the originals of all surveillance activity checklist. All such records will be retained for the life of this contract. The Program Manager shall forward these records to the Contracting Officer upon termination or completion of the contract. Forms to be used are:

Contract Discrepancy Report (CDR)

Contractor Assessment Report (PM/COR Feedback Form) Performance Requirements

STANDARDS OF PERFORMANCE – Acceptable Quality Levels (AQL)

Performance Evaluation - If the Contractor fails to perform required services at the acceptable quality level, payment may be withheld until the Contractor makes corrections. In the event that the Contractor is failing to perform any required services, the COR will provide written notice of such to the Program Manager, the Contracting Officer and the Contractor. The Contracting Office will issue the contractor a Contractor Discrepancy Report (CDR). The contractor shall have 14 calendar days to provide the Contracting Office with their response to the CDR.

SECTION F – DELIVERIES AND/OR PERFORMANCE

F.1

PERIOD OF PERFORMANCE

All deliverables shall be submitted to the government within 180 days of the contract award.

F.2.

PLACE OF PERFORMANCE

A majority of services will be performed at the contractor’s worksites. Contractors may need to travel for face-to-face meetings with the IHS.

F.3.

DELIVERABLE SCHEDULE

The Contractor shall submit the below deliverable items to the Contracting Officer’s Representative (COR) and the Contract Specialist (CS) at the address shown in Section G.1.3.

Items specified for delivery below are subject to the review and approval of the COR prior to acceptance. The Contractor shall be required to make revisions deemed necessary by the COR.

F.4.

REQUIRED DELIVERABLES

See PWS Section V.

F.5.

CORRESPONDENCE AND CONFERENCE CALLS

The Contractor shall provide quarterly updates and correspondence as determined necessary by the COR. The quarterly conference call schedule may be adjusted as determined by the COR. Training updates and correspondence include but are not limited to training summaries, conference call agendas and minutes, and any other items deemed necessary by the COR.

F.6.

CONFIDENTIALITY, SECURITY AND PRIVACY

See PWS Section VI.

F.7.

GOVERNMENT-FURNISHED PROPERY/SERVICES & EXPECTATIONS

No government furnished materials are provided under this contract.

The Government shall be deemed as having complete control over direct ownership of records and data created or produced by the Contractor in the performance of this contract until such time as the records and data have been: (1) subjected to an acceptable method of quality control and quality assurance and utilized in the evaluation of this project; and (2) destroyed or returned completely to Indian Health Service and (3) the Contractor may not publish or use any records or findings from the project for any other purpose in accordance with the terms of this contract.

As used in this PWS, "records and data" mean: (1) any handwritten, typed, or printed documents (including, but not limited to, memoranda, letters, writings, books, brochures, transcripts, minutes, electronic transmissions, study findings, laboratory note books, chromatograms, spectra, and maps); (2) documentary material in other forms (such as punch cards, magnetic or paper tapes, instrumentation cards, computer discs, electronically stored information, audio or video recordings, motion pictures, photographs, slides, microfilm, and microfiche); (3) biological samples and pathology materials (pathology slides, paraffin blocks, and wet tissues); and (4) any patient/client data obtained from Tribes or Indian Health Service for the purpose of evaluation of the project. Records and data may or may not constitute a specific deliverable defined under the terms of the contract.

F.8.

RECORDS

The Contractor shall specifically destroy or return to IHS all data utilized in the evaluation of the project. The Contractor shall not use, retain, publish, or add the data to any other data it has collected at any time for any other purpose. The Contractor shall use only non-personally identifiable information in the evaluation of the project.

F.9.

REPORTING

The Contractor shall follow the reporting plan submitted as part of the proposal and keep the Government fully informed of status throughout the contract period. Throughout the contract periods, it is essential that attention be given to minimize interruptions or delays to work in progress that would impact the mission.

The Contractor shall provide status reports to the COR to include but not be limited to expense variance to budget, logistical updates, attendee metrics, attendee training evaluations, project plan tracking, evaluation data, and other items as determined by the COR. The Contractor shall deliver status reports by email or postal service no less than every month but may be adjusted as determined necessary by the COR throughout the course of the project. Electronic reports shall be presented in Microsoft Office format and approved by the COR. The monthly status reports shall be discussed at the Start-Up meeting.

The Contractor shall provide to the COR, annual performance reports that include but are not limited to project plan status and accomplishments, fiscal accountability, evaluation data, sub-Contractor performance reports (if applicable) and a Contractor self-evaluation report. The Contractor shall provide a written outline of the annual report to the COR for approval according to the deliverable schedule. The annual reports shall be delivered by e-mail and postal service according to the deliverable schedule before the end of the contract period. The annual report shall be discussed at the Start-up meeting.

F.10.

CONTRACTOR PAYMENT

If the Contractor fails to perform required services at the acceptable quality level, payment may be withheld until contractor makes corrections. If performance is below the government’s expectations, details will be recorded on "past performance report card." If performance is below standard for 2 quarters in a row, Government oversight or contractor reporting will be increased. The COR is responsible for documenting and communicating performance deviations, corrective actions, and performance improvements to the PM, the Contracting Office, and the contractor.

F.11.

DELIVERABLES

See PWS Section V.

a.

Miscellaneous documents and written materials developed during the course of the contract period, whether in draft or final form, are deemed the property of the US Government.

b. The U.S. Government reserves the right to accept or reject services, if the level of work performance is unsatisfactory based on deliverables.

F.13.

TRAVEL/TEMPORARY DUTY (TDY)

All travel requirements (including plans, agenda, itinerary, or dates) shall be pre-approved by the by the Contracting Officer’s Representative (COR) or Program Manager. After approval, the Contractor shall make travel arrangements in accordance with the Federal Travel Regulations (FTR), and in accordance with the regulatory implementation of Public Law 99-234 and FAR 31.205-46 Travel Costs (subject to local policy & procedures; may reference FAR).

The Contractor will be solely responsible for coordinating the logistics of the trainings to include travel, per diem, lodging of non-federal subject matter expert instructors. Technical assistance for federal training instructors shall be provided by the Contractor to include locations, hotel information, training sites and logistics, among other pertinent information. Travel cost will be the total responsibility of the Contractor and will not be covered under this contract.

SECTION G – CONTRACT ADMINISTRATION

G.1.

AUTHORITIES OF GOVERNMENT PERSONNEL

Notwithstanding the Contractor’s responsibility for total management during the performance of this Contract, the administration of the 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.

G.1.1.

Contracting Officer (CO)

The IHS Contracting Officer is the only individual authorized to modify this Contract. The CO responsible for administrative and contractual issues concerning this Contract is:

Paul Premoe, Contracting Officer

Indian Health Service/Division of Acquisition Policy (DAP) 5600 Fishers Lane, Mailstop 09E70 Rockville, MD 20857 Phone: 301-443-4470 Email: paul.premoe@ihs.gov

All communications pertaining to contractual and/or administrative matters under the contract shall be sent to the address above and to the following Contract Specialist:

G.1..

Program Manager (PM)

To be disclosed upon award

Indian Health Service/Division of

5600 Fishers Lane Rockville, MD 20857 Phone:

Email:

G.1.4.

Contracting Officer’s Representative (COR) The name and address of the COR assigned to this project is:

To be disclosed upon award 5600 Fishers Lane Rockville, MD 20857

Phone:

Email:

G.1.4.1.

Technical Monitoring – Responsibilities of the COR

a) Performance of work under this contract must be subject to the technical direction of the Contracting Officers’ 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 task areas outlined in the Performance Work Statement are accomplished satisfactorily.

(b) Technical direction must be within the scope of the specification(s)/Performance Work Statement.

The Contracting Officers’ Representative does not have authority to issue technical direction that:

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

(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 Officers’ Representative shall confirm oral direction in writing within five work days, with a copy to the Contracting Officer.

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

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

G.2.

INVOICE SUBMISSION

The Contractor shall submit invoices once per month. A complete invoice with all required back-up documentation shall be sent electronically via e-mail to:

1. Contract Specialist* (CS):

2. Contracting Officer’s Representative (COR):

3. Program Manager:

4. Indian Health Service: Office of Finance & Accounting, HQInvoices@ihs.gov

* No other non-invoice related documents (i.e. deliverables, reports, balance statements) shall be sent to the CS or [enter billing office acronym]. Failure to submit directly to the offices listed above will delay prompt payment of your invoice.

For invoices submitted by email: the subject line of your email invoice submission shall contain the Contractor’s name, contract number, and invoice. The Contractor shall send one email per contract monthly. The email may have multiple invoices for the contract. Invoices must be in one of 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, TIFF, or Word).

Additionally, the Contractor is required to include its Data Universal Numbering System (DUNS) number on each invoice. For additional information about the Dun & Bradstreet (D&B) DUNS number, please visit http://fedgov.dnb.com/webform.

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

All information set forth in FAR Clause 52.212-4(g), Invoice, must be included in all invoices for it to constitute a proper invoice.

FAR 52.212-4(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

(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-Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer-Other Than Central Contractor Registration), 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.

In accordance with OMB Memorandum, M-11-32, Agencies shall make payments to small businesses as soon as practicable, with the goal of making payments within 15 days of receipt of a proper invoice. If a small business contractor is not paid within this (15 day) accelerated period, the contractor will not be given a late-payment interest penalty. Interest penalties, as prescribed by the Prompt Payment Act, remain unchanged by means of this memorandum. All small businesses shall label all invoices as “Small Business.”

Additionally, in accordance with OMB Memorandum, M-12-16, all prime contractors are encouraged to disburse funds received from the Federal Government to their small business subcontractors in a prompt manner. To assist prime contractors in expediting contractor payments to small business subcontractors, Agencies shall, to the full extent permitted by law, temporarily establish an earlier, accelerated date for making agency payments to all prime contractors. Consistent with OMB Memorandum M-11-32 above, Agencies shall have a goal of paying all prime contractors within 15 days of receiving proper documentation. In an effort to support small business growth, drive economic activity and job creation, the Contractor is encouraged to accelerate payments to their small business subcontractors.

In accordance with the requirements of the Debt Collection Improvement Act of 1996, all payments under this contract 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 - Central Contractor Registration.

Failure to submit directly to the offices listed above will delay prompt payment of your invoice.

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1.

CONTRACTOR PERFORMANCE EVALUATION REPORT

During the life of this contract, Contractor performance will be evaluated on an interim and final basis pursuant to FAR Subpart 42.15. This evaluation shall become a part of the contract file and shall be used as past performance information in evaluating the Contractor’s, and any significant subcontractors’ or affiliates, past performance on future contracts. Contractor Performance Assessment Report System (CPARS) is an on-line reporting system https://www.cpars.gov/. The Contractor Performance Report is completed by the COR electronically and sent to the Contractor for review and approval at the end of each performance period as an interim report and at the end of the contract performance as a final report. After review by the Contracting Officer, the report becomes a permanent record of the Contractor’s past performance.

H.2.

SECURITY (when applicable)

H.2.1.

To perform the work specified herein, contractor personnel will require access to sensitive data, regular access to HHS-controlled facilities, and/or access to HHS information systems. The Government has determined the position sensitivity under this effort to be Level 1.

H.2.2.

To gain access to the sensitive data, HHS-controlled facilities, and/or HHS information systems, the Contractor shall comply with Homeland Security Presidential Directive 12, Policy for a Common Identification Standard for Federal Employees and Contractors, and with the personal identity verification and investigation procedures obtained in:

H.2.2.1. HHS Information Security Program Policy, http://www.hhs.gov/ocio/securityprivacy/.

H.2.2.2. HHS Office of Security and Drug Testing, Personnel Security/Suitability Handbook, http://www.hhs.gov/ocio/policy/index.html.

H.2.2.3. HHS Security and Handling of Data

SECURITY OF DATA

The Contractor shall comply with any security requirements established by HHS to ensure proper and confidential handling of data and information. The Contractor shall refer to “HHS Cybersecurity Program.”, which is HHS’ Information Security Program Policy, dated June 2010.

The contractor shall become familiar with the HHS Departmental Information Security Policies which may be found at http://www.hhs.gov/ocio/policy/index.html.

“HHS Cybersecurity Program” develops policies, procedures, and guidance to serve as a foundation for HHS' information security program. These documents implement relevant Federal laws, regulations, standards, and guidelines that provide a basis for the information security program at the Department. The contractor must become familiar with ‘HHS Cybersecurity

Program” guidelines as presented at http://www.hhs.gov/ocio/policy/index.html#Security. Data obtained for this contract shall not be used to create databases or any other product not intended for use specifically in this project. All data containing personal identifiers shall be handled in accordance with the Privacy Act of 1972 (Public Law 93-579). No data is to be released to anyone without the specific approval of the COTR and the Contracting Officer.

HANDLING OF DATA

The contractor shall comply with security requirements established by HHS to ensure proper and confidential handling of data and information. The contractor shall refer to HHS - OCIO Policy for Information Systems Security and Privacy, which may be found at http://www.hhs.gov/ocio/policy/.

H.2.2.4. HHS HSPD-12 Implementation Policy H.2.3.

The minimum Government investigation for a non-critical sensitive position is a National Agency Check and Inquiries (with fingerprinting), which consists of searches of records covering specific areas of a person’s background during the past five years. Those inquiries are sent to current and past employers, schools attended, references, and local law enforcement authorities. More restricted positions, above non-sensitive, require more extensive documentation and investigation.

H.2.4.

Contractors should ensure that the employees whose names they submit have a reasonable chance for access approval. Delays associated with rejections and consequent reinvestigations may not be excusable.

H.2.5.

Typically, the Government investigates personnel at no cost to the Contractor, but the expense of multiple investigations for the same position is difficult to justify.

Consequently, multiple investigations for the same position may, at the Contracting Officer’s discretion, justify reduction(s) in the Contract price of no more than the cost of the extra investigation(s).

H.2.6.

Language similar to this Security section shall be included in any subcontracts which require subcontractor personnel to have access to an information system, access to sensitive data, regular or prolonged access to a HHS-controlled facility, or any combination of these three.

H.2.7.

Inquiries, including requests for forms and assistance, should be directed to the Contracting Officer or his/her designee, listed in the Contract.

H.2.8.

Within seven (7) calendar days after final acceptance of the work specified herein, the Contractor shall return all identification badges to the Contracting Officer or his/her designee.

H.3.

REFERENCES

The work to be performed under this contract will assist the IHS in better meeting legislative mandates and associated implementation guidance from OMB, HHS, NIST, and US CERT. Statutes and Acts generally applicable to IHS security include, but are not limited to:

Health Information Technology for Economic and Clinical Health Act

Federal Information Security Management Act (FISMA), part of the E-Government Act of 2002 (Public Law 107-347, Title III)

OMB Circular A-130 and Appendix III, Security of Federal Automated Information Resources

OMB Circular A-11, Preparing, Submitting, and Executing the Budget

Presidential Decision Directive 63 (PDD 63)

NIST Special Publications – 800 Series

Section I – Contract Clauses

FEDERAL ACQUISITION REGULATIONS (FAR) 48 CFR CHAPTER CLAUSES

I.1.

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 30 days before the contract expires.

I.2.

FAR 52.217-9 OPTION TO EXTEND THE TERM OF 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 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

B. If the Government exercises this option, the extended contract shall be considered to include this option clause.

C. The total duration of this contract, including the exercise of any options under this clause, shall not exceed sixty (60) months.

I.3.

DEPARTMENT OF HEALTH AND HUMAN SERVICES ACQUISITION

REGULATION (HHSAR) (48 CFR CHAPTER 3) CLAUSES

This Contract incorporates some HHSAR provisions/clauses by reference, with the same force and affect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address:

Electronic Code of Federal Regulations -http://www.ecfr.gov/cgi-bin/text-idx?SID=01483bb414e8d926aa9eac91966206e2&mc=true&tpl=/ecfrbrowse/Title48/48cfr352_main_02.tpl

The applicable provisions/clauses are as follows:

HHSAR

Clause No.

Title and Date

I.4.

HHSAR 352.203-70 ANTI-LOBBYING (DEC 2015)

Pursuant to the HHS annual appropriations acts, except for normal and recognized executive-legislative relationships, the Contractor shall not use any HHS contract funds for:

(a) Publicity or propaganda purposes;

(b) The preparation, distribution, or use of any kit, pamphlet, booklet, publication, electronic communication, radio, television, or video presentation designed to support or defeat the enactment of legislation before the Congress or any State or local legislature or legislative body, except in presentation to the Congress or any state or local legislature itself; or designed to support or defeat any proposed or pending regulation, administrative action, or order issued by the executive branch of any state or local government, except in presentation to the executive branch of any state or local government itself; or

(c) Payment of salary or expenses of the Contractor, or any agent acting for the Contractor, related to any activity designed to influence the enactment of legislation, appropriations, regulation, administrative action, or Executive order proposed or pending before the Congress or any state government, state legislature or local legislature or legislative body, other than for normal and recognized executive-legislative relationships or participation by an agency or officer of a state, local, or tribal government in policymaking and administrative processes within the executive branch of that government.

(d) The prohibitions in subsections (a), (b), and (c) above shall include any activity to advocate or promote any proposed, pending, or future federal, state, or local tax increase, or any proposed, pending, or future requirement for, or restriction on, any legal consumer product, including its sale or marketing, including, but not limited to, the advocacy or promotion of gun control.

I.5.

HHSAR 352.231-70 SALARY RATE LIMITATION (DEC 2015)

(a) The Contractor shall not use contract funds to pay the direct salary of an individual at a rate in excess of the Federal Executive Schedule Level II in effect on the date the funding was obligated.

(b) For purposes of the salary rate limitation, the terms “direct salary,” “salary,” and “institutional base salary,” have the same meaning and are collectively referred to as “direct salary,” in this clause. An individual's direct salary is the annual compensation that the Contractor pays for an individual's direct effort (costs) under the contract. Direct salary excludes any income that an individual may be permitted to earn outside of duties to the Contractor. Direct salary also excludes fringe benefits, overhead, and general and administrative expenses (also referred to as indirect costs or facilities and administrative costs). The salary rate limitation does not restrict the salary that an organization may pay an individual working under a Department of Health and Human Services contract or order; it merely limits the portion of that salary that may be paid with contract funds.

(c) The salary rate limitation also applies to individuals under subcontracts.

(d) If this is a multiple-year contract or order, it may be subject to unilateral modification by the Contracting Officer to ensure that an individual is not paid at a rate that exceeds the salary rate limitation provision established in the HHS appropriations act used to fund this contract.

(e) See the salaries and wages pay tables on the Office of Personnel Management Web site for Federal Executive Schedule salary levels.

I.6.

HHSAR 352.237-74 NON-DISCRIMINATION IN SERVICE DELIVERY

(DEC 2015)

It is the policy of the Department of Health and Human Services that no person otherwise eligible will be excluded from participation in, denied the benefits of, or subjected to discrimination in the administration of HHS programs and services based on non-merit factors such as race, color, national origin, religion, sex, gender identity, sexual orientation, or disability (physical or mental). By acceptance of this contract, the contractor agrees to comply with this policy in supporting the program and in performing the services called for under this contract. The contractor shall include this clause in all sub-contracts awarded under this contract for supporting or performing the specified program and services. Accordingly, the contractor shall ensure that each of its employees, and any sub-contractor staff, is made aware of, understands, and complies with this policy.

I.7.

HHSAR 352.239-73 Electronic and Information Technology Accessibility NOTICE (DEC 2015)

(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-standards/communications-and-it/about-the-section-508-standards.

(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 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…