2009-Q-11398.doc

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Development of Strategy, Writing and Support of the needed Laws
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2009-Q-11398
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REQUEST FOR QUOTATIONS

(THIS IS NOT AN ORDER)

THIS RFQ X IS

PAGE OF PAGES

1. REQUEST NO.

2009-Q-11398

2. DATE ISSUED

06/26/2009

3. REQUISITION/PURCHASE REQUEST NO.

00HCTBBG-2009-68865

4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG. 1

RATING

5a. ISSUED BY

Centers for Disease Control and Prevention (PGO)

Procurement and Grants Office

2920 Brandywine Rd, RM 3000

Atlanta GA 303415539

6. DELIVERY BY (Date)

5b. FOR INFORMATION CALL (No collect calls)

NAME
TELEPHONE NUMBER
AREA CODE
NUMBER
Richard P. Jenkins
(770)
488-2604 x
8. TO:
9. DESTINATION
a. NAME
b. COMPANY
a. NAME OF CONSIGNEE
c. STREET ADDRESS
b. STREET ADDRESS

c. CITY

d. CITY
e. STATE
f. ZIP CODE
d. STATE
e. ZIP CODE

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON

OR BEFORE CLOSE OF BUSINESS (Date)

07/26/2009 IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

CDC Contract Specialist:

Richard Jenkins

Rjenkins@cdc.gov 770-488-2604

“See Continuation Page”

12. DISCOUNT FOR PROMPT PAYMENT
a. 10 CALENDAR DAYS

b. 20 CALENDAR DAYS

c. 30 CALENDAR DAYS

d. CALENDAR DAYS

NUMBER
PERCENTAGE

NOTE: Additional provisions and representations

13. NAME AND ADDRESS OF QUOTER
14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

15. DATE OF

QUOTATION

a. NAME OF QUOTER

b. STREET ADDRESS
16. SIGNER
a. NAME (Type or print)
b. TELEPHONE

c. COUNTY

AREA CODE

d. CITY
e. STATE
f. ZIP CODE
c. TITLE (Type or print)
NUMBER

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 18 (REV. 6-95)

Previous edition not usable

Prescribed by GSA

FAR (48 CFR) 53.215-1(a)

Line Items

ITEM
SUPPLIES / SERVICES
QTY / UNIT
UNIT PRICE
EXTENDED PRICE
0001
High Impact State/Local Polic

The Contractor shall, under the guidance of the State Health Department Administration and as a cepert in policy development, shall aid the City of Houston cheldhood Lead Poisoning Prevention Program (CLPPP) in developing these protective policies, in accordance with the attached Statement of Work. For the period of July 30, 2009 through July 30, 2010.

1 Each
For Sum
$________________

STATEMENT OF WORK

Title of Project: High Impact State/Local Policy Development

C.1 Background and Need – The CDC Lead Poisoning Prevention Program (LPPB) was authorized under the 1988 Lead Contamination and Control Act. Since that time, the CDC has funded state and local public health childhood lead poisoning prevention programs for screening, case management, education and surveillance activities. Over the past two decades, the Childhood Blood Lead Surveillance System housed at the CDC has documented a decrease in children’s blood lead levels that are highly correlated with institution of national, state and/or local policies either restricting the use of lead in products or mandating clean-up of lead hazards. It is for this reason that CDC Lead Poisoning Prevention Branch has strongly supported the developed of such policies that are protective of young children.

Many state and local health departments do not have the knowledge or skills to develop such policies or are prevented from supporting individual state or local codes or ordinances by other state or local law. The most effective laws take a proactive approach and contain strong enforcement provisions. An advocate who has experience in policy development and implementation and who is also an expert in childhood lead poisoning prevention and can navigate the political environmental and has successfully worked with interest groups can assist state and local entities in the development of strategy, writing and supporting of the needed laws.

C.2 Project Objective –

State and local laws that establish lead safe standards in housing have been found to be very effective in decreasing lead exposure in young children.

Under the guidance of the Health Department Administration and as a expert in policy development, the contractor will aid the City of Houston Childhood Lead Poisoning Prevention Program (CLPPP) in developing these protective policies by:

· Assessing the current regulatory laws and environment.

· Assisting the legal interns working with the CLPPP in developing a comprehensive legislative strategy to include the following components:

1) Legalize regular, and/or random inspections related to lead hazards or elevated blood lead case management actions.

Tenants, especially immigrant tenants are hesitant to report violations. Also, complaint based programs are re-active and not pro-active often occurring when conditions are very bad or upon a reported EBL

2) Strengthen prosecutable offenses related to chipping / peeling paint, lead dust etc is not just a nuisance, but also a prosecutable offense.

Any housing safety ordinance should clearly state that chipping / peeling paint, lead dust etc is not just a nuisance, but also a prosecutable offense. Again, this is a proactive approach

3) Make unsafe work practices illegal or mandate using Lead-Safe Work Practices when working in pre-1978 housing

4) Establish a Rental Property Licensing / Certification Program which address health issues Absentee or veiled ownership can add to the difficulty of code enforcement.

5) Identify, assess and develop methodology to leverage -public and private resources to support regulations and ordinances.

A wide range of agencies is needed to eliminate child hood lead poisoning.

Empower Tenants, Non-Profits and Advocacy Groups

Harness market forces wherever feasible.

6) Assess the feasibility of establishing a Lead Court similar to the one operated by the City of Philadelphia, PA.

A specialized court to handle healthy homes violations can be an efficient method of enforcement.

The Government expects that strategies will be determined, laws will be written, passed and enforcement will be implemented as a result of this contract. As a result of these laws, young children will be protected from the often life long detrimental effects that result from lead exposure.

· Assessing barriers to passage of policy and developing strategy to overcome them.

· Following passage of policy, assist in development of enforcement regulations.

C.3 Scope of Work –

The Scope of Work includes:

All aspects of policy development - from identifying stakeholders to developing a strategy and assisting in writing and supporting policy changes for the City of Houston. Specifically, the contractor will assist the Houston CLPPP and the Houston Health Department legal interns by:

· performing research which will result in an assessment of the current regulatory structure and environment.

· identifying stakeholders

· providing expert opinion and advice on the development of a comprehensive regulatory strategy that includes, at least the following 6 elements:

1) Legalize regular, and/or random inspections related to lead hazards or elevated blood lead case management actions.

2) Strengthen nuisance codes making offenses related to lead-based paint prosecutable.

3) Make unsafe work practices illegal or mandate using Lead-Safe Work Practices when working in pre-1978 housing

4) Establish a Rental Property Licensing / Certification Program which address health issues

6) Assess the feasibility of establishing a Lead Court

5) Identify, assess and develop methodology to leverage -public and private resources to support regulations and ordinances.

· Following the legal process for passage and establishment of the new policy , provide expert opinion and advice on overcoming barriers to passage.

· Following passage of the new policy, provide expert opinion and advice on establishing enforcement mechanisms.

C.4 Technical Requirements –

Contractor will:

· Within 30 days of signing the contract meet with the Houston Childhood Lead Poisoning Prevention Program manager and staff to identify stakeholders and determine strategy to be utilized in the policy development.

· Within 45 days perform an assessment of the internal and external landscape for developing the policy. The assessment will assess the feasibility of the following possible legislative issues: 1) Legalize regular, and/or random inspections related to lead hazards or elevated blood lead case management actions; 2) Strengthen prosecutable offenses related to chipping / peeling paint, lead dust etc is not just a nuisance, but also a prosecutable offense; 3) Make unsafe work practices illegal or mandate using Lead-Safe Work Practices when working in pre-1978 housing; 4) Establish a Rental Property Licensing / Certification Program which address health issues; 5) Identify, assess and develop methodology to leverage -public and private resources to support regulations and ordinances and 6) Assess the feasibility of establishing a Lead Court similar to the one operated by the City of Philadelphia, PA.

· Within 90 days provide a report to the CDC LPPB and to the Houston City CLPPP on the policy-legislative development plan, including strategy to address concerned and/or opposing stakeholders.

· Within 180 days draft legislation for review with Houston City CLPPP staff.

· Identify and coordinate other local officials and/or national subject matter experts to provide written testimony to support proposed legislative issues.

· Travel to site not fewer than 4 times during the contract period. These site visits will be utilized for furthering the progress of the policy, giving testimony to councils/legislatures, etc.

· Conduct monthly conference calls with Houston CLPPP and CDC Project Officer.

C.5 Reporting Schedule –

· Within 60 days of award, contractor will provide a narrative report on plan of approach and or feasibility for each identified objective. The report will include the proposed policies.

· 60 days following the provision of the plan of approach report, the contractor will provide a narrative report on activities and cost incurred for the previous month and for each month that follows. Reports will include proposed policies, challenges encountered.

· The final narrative and cost report, due 30days prior to completion of the contract will include policies developed and enforcement mechanisms.

C.6 Special Considerations - None C.7 Government Furnished Property - None C.8 References –Deliverables –

Deliverables are dentified in reporting schedule C.5 above.

Evaluation Factors for High Impact State/Local Policy Development Contract

1. Technical approach (40 points)

The offeror shall provide a detailed plan of their approach for providing the required services, including details in the following specific areas:

a. Provide sound and clear stated objectives of the contract.

b. Demonstrate understanding of needs and purposes of the contract listed under general work parameters.

c. Demonstrate awareness, knowledge and understanding of current work being performed.

d. Provide a sound, practical and feasible approach for conducting all work specified in potential task orders.

e. Identify potential difficulties in performance, appropriateness and soundness of proposed solutions.

2. Management Plan and Personnel (25 points)

a. Provide a management plan describing the approach for managing the work and procedures for tracking project progress, risks, problems, project-related costs and time.

b. Specific information to be supplied includes:

1) A discussion of the proposed management plan and organization for the project showing clear lines of authority and responsibility.

2) Clearly state functions of all key personnel including how their activities will be supervised, and how time will be allocated to specific tasks. Adequately address the issues surrounding management of the competitive task order process.

3) Qualifications, education and related experience of key personnel. Specific attention should be given to experience of proposed personnel in program evaluation, survey techniques, relevant program analysis, and management and economic analysis.

3. Organization Capability/Experience (25 points)

a. Provide the general background, experience, and qualifications of the organization. Provide a list of previous or ongoing Government or non-Government contracts, subcontracts, or grants, similar or related in scope, magnitude, and complexity. Provide a general description of the work performed and describe how the work is related to the requirements of the RFP.

b. Provide demonstrated recent (within 5 years) successful experience in managing similar or related work that is comparable in technical and financial complexity. Resumes and/or Curriculum Vitae of current and proposed employees who will be used under this contract, including education and background experience. Provide demonstrated capability for acquiring staff and having access to recognized practicing consultants in environmental public health.

4. Facilities and Equipment (10 points)

a. Clear description of facilities and equipment necessary for accomplishment of contract requirements, including the availability of equipment and facilities and how equipment will be used.

b. Provide a discussion of present or proposed physical facilities (office space, training space, equipment, computing environment, etc) and their geographic location.

Clauses

FAR SOURCE
TITLE AND DATE
52.203-6
Restrictions on Subcontractor Sales to the Government (Sep 2006)
52.204-7
Central Contractor Registration (Apr 2008)
52.204-9
Personal Identity Verification of Contractor Personnel (Sep 2007)
52.207-4
Economic Purchase Quantity - Supplies (Aug 1987)
52.211-16
Variation in Quantity (Apr 1984)
52.213-1
Fast Payment Procedure (May 2006)
52.213-2
Invoices (Apr 1984)
52.219-3
Notice of Total HUBZone Set-Aside (Jan 1999)
52.219-4
Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jul 2005)
52.219-5
Very Small Business Set-Aside (Jun 2003)
52.219-5 Alternate I
Very Small Business Set-Aside - Alternate I (Mar 1999)
52.219-5 Alternate II
Very Small Business Set-Aside - Alternate II (Jun 2003)
52.219-8
Utilization of Small Business Concerns (May 2004)
52.219-9
Small Business Subcontracting Plan (Apr 2008)
52.219-14
Limitations on Subcontracting (Dec 1996)
52.219-23
Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008)
52.219-23 Alternate I
Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns - Alternate I (Jun 2003)
52.219-25
Small Disadvantaged Business Participation Program - Disadvantaged Status and Reporting (Apr 2008)
52.219-26
Small Disadvantaged Business Participation Program - Incentive Subcontracting (Oct 2000)
52.222-3
Convict Labor (Jun 2003)
52.222-19
Child Labor - Cooperation with Authorities and Remedies (Feb 2008)
52.222-21
Prohibition of Segregated Facilities (Feb 1999)
52.222-26
Equal Opportunity (Mar 2007)
52.222-35
Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006)
52.222-36
Affirmative Action for Workers With Disabilities (Jun 1998)
52.222-37
Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006)
52.222-41
Service Contract Act of 1965 (Nov 2007)
52.222-42
Statement of Equivalent Rates for Federal Hires (May 1989)
52.222-43
Fair Labor Standards Act and Service Contract Act - Price Adjustment (Multiple Year and Option Contracts) (Nov 2006)
52.222-44
Fair Labor Standards Act and Service Contract Act - Price Adjustment (Feb 2002)
52.222-47
Service Contract Act (SCA) Minimum Wages and Fringe Benefits (May 1989)
52.222-50
Combating Trafficking in Persons (Aug 2007)
52.223-6
Drug-Free Workplace (May 2001)
52.223-9
Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008)
52.223-9 Alternate I
Estimate of Percentage of Recovered Material Content for EPA-Designated Items - Alternate I (May 2008)
52.225-1
Buy American Act - Supplies (Jun 2003)
52.225-3
Buy American Act-Free Trade Agreements-Israeli Trade Act (Aug 2007)
52.225-3 Alternate I
Buy American Act - Free Trade Agreements - Israeli Trade Act - Alternate I (Jan 2004)
52.225-3 Alternate II
Buy American Act - Free Trade Agreements - Israeli Trade Act - Alternate II (Jan 2004)
52.225-5
Trade Agreements (Nov 2007)
52.225-13
Restrictions on Certain Foreign Purchases (Jun 2008)
52.225-15
Sanctioned European Union Country End Products (Feb 2000)
52.225-16
Sanctioned European Union Country Services (Feb 2000)
52.226-4
Notice of Disaster or Emergency Area set-Aside (Aug 2006)
52.226-5
Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007)
52.232-25
Prompt Payment (Oct 2008)
52.232-33
Payment by Electronic Funds Transfer - Central Contractor Registration (Oct 2003)
52.232-34
Payment by Electronic Funds Transfer - Other than Central Contractor Registration (Jul 2004)
52.232-36
Payment by Third Party (May 1999)
52.233-3
Protest after Award (Aug 1996)
52.233-4
Applicable Law for Breach of Contract Claim (Oct 2004)
52.239-1
Privacy or Security Safeguards (Aug 1996)
52.243-1
Changes - Fixed Price (Aug 1987)
52.243-1 Alternate I
Changes - Fixed Price - Alternate I (Apr 1984)
52.243-1 Alternate II
Changes - Fixed Price - Alternate II (Apr 1984)
52.243-1 Alternate III
Changes - Fixed Price - Alternate III (Apr 1984)
52.243-1 Alternate IV
Changes - Fixed Price - Alternate IV (Apr 1984)
52.243-1 Alternate V
Changes - Fixed Price - Alternate V (Apr 1984)
52.247-64
Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006)
52.247-64 Alternate I
Preference for Privately Owned U.S.-Flag Commercial Vessels -- Alternate I (Apr 2003)
52.247-68
Report of Shipment (REPSHIP) (Feb 2006)

FAR 52.226-3 Disaster or Emergency Area Representation (Nov 2007)

Disaster or Emergency Area Representation (Nov 2007)

(a) Set-aside area. The area covered in this contract is: [Contracting Officer to fill in with definite geographic boundaries.]

(b) Representations. The offeror represents that it FORMCHECKBOX does FORMCHECKBOX does not reside or primarily do business in the designated set-aside area.

(c) An offeror is considered to be residing or primarily doing business in the set-aside area if, during the last twelve months—

(1) The offeror had its main operating office in the area; and

(2) That office generated at least half of the offeror’s gross revenues and employed at least half of the offeror’s permanent employees.

(d) If the offeror does not meet the criteria in paragraph (c) of this provision, factors to be considered in determining whether an offeror resides or primarily does business in the set-aside area include—

(1) Physical location(s) of the offeror’s permanent office(s) and date any office in the set-aside area(s) was established;

(2) Current state licenses;

(3) Record of past work in the set-aside area(s) (e.g., how much and for how long);

(4) Contractual history the offeror has had with subcontractors and/or suppliers in the set-aside area;

(5) Percentage of the offeror’s gross revenues attributable to work performed in the set-aside area;

(6) Number of permanent employees the offeror employs in the set-aside area;

(7) Membership in local and state organizations in the set-aside area; and

(8) Other evidence that establishes the offeror resides or primarily does business in the set-aside area. For example, sole proprietorships may submit utility bills and bank statements.

(e) If the offeror represents it resides or primarily does business in the set-aside area, the offeror shall furnish documentation to support its representation if requested by the Contracting Officer. The solicitation may require the offeror to submit with its offer documentation to support the representation.

(End of provision)

FAR 52.247-67 Submission of Transportation Documents for Audit (Feb 2006)

Submission of Transportation Documents for Audit (Feb 2006)

(a) The Contractor shall submit to the address identified below, for prepayment audit, transportation documents on which the United States will assume freight charges that were paid—

(1) By the Contractor under a cost-reimbursement contract; and

(2) By a first-tier subcontractor under a cost-reimbursement subcontract thereunder.

(b) Cost-reimbursement Contractors shall only submit for audit those bills of lading with freight shipment charges exceeding $100. Bills under $100 shall be retained on-site by the Contractor and made available for on-site audits. This exception only applies to freight shipment bills and is not intended to apply to bills and invoices for any other transportation services.

(c) Contractors shall submit the above referenced transportation documents to—

[To be filled in by Contracting Officer]

(End of clause)

Non-Disclosure Agreement for Contractor and Contractor Employees (Mar 2006)

Non-Disclosure Agreements for Contractor and Contractor Employees – Mar 2006

(a) The contractor shall prepare and submit a Non-Disclosure Agreement (NDA) to the Contracting Officer prior to access of government information or the commencement of work at CDC.

(b) The NDA made part of this clause, exhibit I and II , is required in service contracts where positions and/or functions proposed to be filled by contractor’s employees will have access to non-public and procurement-sensitive information. The NDA also requires contractor’s employees properly identify themselves as employees of a contractor when communicating or interacting with CDC employees, employees of other governmental entities (when communication or interaction relates to the contractor’s work with the CDC), and members of the public. The Federal Acquisition Regulation (FAR) 37.114 (c), states “All contractor personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public or Congress that they are Government officials, unless, in the judgment of the agency, no harm can come from failing to identify themselves. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed.”

(c) The Contractor shall inform employees of the identification requirements by which they must abide and monitor employee compliance with the identification requirements.

(d) During the contract performance period, the Contractor is responsible to ensure that all additional or replacement contractors’ employees sign a NDA and it is submitted to the Contracting Officer prior to commencement of their work with the CDC.

(e) Contractor employees in designated positions or functions that have not signed the appropriate NDA shall not have access to any non-public, procurement sensitive information or participate in government meeting where sensitive information maybe discussed.

(f) The Contractor shall prepare and maintain a current list of employees working under NDAs and submit to the Contracting Officer upon request during the contract period of performance. The list should at a minimum include: contract number, employee’s name, position, date of hire and NDA requirement.

EXHIBIT I

Centers for Disease Control and Prevention (CDC) Contractor Non-Disclosure Agreement

I. Non-public Information

[Name of contractor] understands that in order to fulfill the responsibilities pursuant to [Contract name and number] between the Centers for Disease Control and Prevention and [Name of CDC contractor] dated [date], employees of [contractor] will have access to non-public information, including confidential and privileged information contained in government-owned information technology systems. For purposes of this agreement, confidential information means government information that is not or will not be generally available to the public. Privileged information means information which can

HYPERLINK "http://www.hyperdictionary.com/dictionary/not" not be disclosed without the prior written consent of the CDC.

In order to properly safeguard non-public information, [contractor] agrees to ensure that prior to being granted access to government information or the commencement of work for the CDC, whichever is applicable, all employees will sign a Non-Disclosure Agreement (NDA) provided by the CDC prior to beginning work for the CDC. Contractor agrees to submit to the contracting official the original signed copies of NDAs signed by the contractor’s employees in accordance with the instructions provided by the contracting official. Failure to provide signed NDAs in accordance with this agreement and instructions provided by the contracting official could delay or prevent the employee from commencing or continuing work at the CDC until such agreement is signed and returned to the contracting official.

Contractor further agrees that it will not cause or encourage any employee to disclose, publish, divulge, release, or make known in any manner or to any extent, to any individual other than an authorized Government employee any non-public information that the employee may obtain in connection with the performance of the employee’s responsibilities to the CDC.

II. Procurement-Sensitive Information

Contractor further agrees that it will not cause or encourage any employee to disclose, publish, divulge, release, or make known in any manner or to any extent, to any individual, other than an authorized Government employee, any procurement-sensitive information gained while in connection with fulfilling the employee’s responsibilities at the CDC. For purposes of this agreement, procurement-sensitive information includes, but is not limited to, all information in Statements of Work (SOW), Requests for Contract (RFC), and Requests for Proposal (RFP); Responses to RFPs, including questions from potential offerors; non-public information regarding procurements; all documents, conversations, discussions, data, correspondence, electronic mail (e-mail), presentations, or any other written or verbal communications relating to, concerning, or affecting proposed or pending solicitations or awards; procurement data; contract information plans; strategies; source selection information and documentation; offerors’ identities; technical and cost data; the identity of government personal involved in the solicitation; the schedule of key technical and procurement events in the award determination process; and any other information that may provide an unfair competitive advantage to a contractor or potential contractor if improperly disclosed to them, or any of their employees.

Contractor understands and agrees that employee access to any procurement-sensitive information may create a conflict of interest which will preclude contractor from becoming a competitor for any acquisition(s) resulting from this information. Therefore, if an employee participates in any discussions relating to procurement-sensitive information, assists in developing any procurement-sensitive information, or otherwise obtains any procurement-sensitive information during the course of performing duties at the CDC, contractor understands and agrees that contractor are be excluded from competing for any acquisition(s) resulting from this information.

III. Identification of Non-Government Employees

Contractor understands that its employees are not agents of the Government. Therefore, unless otherwise directed in writing by the CDC, contractor agrees to assist and monitor employee compliance with the following identification procedures:

A. At the beginning of interactions with CDC employees, employees of other governmental entities, members of the public, or the media (when such communication or interaction relates to the contractor’s work with the CDC), contractors’ employees will identify themselves as an employee of a contractor.

B. Contractors’ employees will include the following disclosures in all written communications, including outgoing electronic mail (e-mail) messages, in connection with contractual duties to the CDC:

Employee’s name Name of contractor Center or office affiliation Centers for Disease Control and Prevention

C. At the beginning of telephone conversations or conference calls, contractors’ employees will identify themselves as an employee of a contractor.

D. Contractors should not wear any CDC logo on clothing, except for a CDC issued security badge while carrying out work for CDC or on CDC premises. The only other exception is when a CDC management official has granted permission to use the CDC logo.

E. Contractors’ employees will program CDC voice mail message to identify themselves as an employee of a contractor.

I understand that federal laws including, 18 U.S.C. 641 and 18 U.S.C. 2071, provide criminal penalties for, among other things, unlawfully removing, destroying or converting to personal use, or use of another, any public records. Contractor acknowledges that contractor has read and fully understands this agreement.

Name of contractor: ___________________________________

Signature of Authorized Representative of Contractor:_________________________________

Date:________________

Copies retained by: contracting official and contractor

EXHIBIT II

Centers for Disease Control and Prevention (CDC) Contractors’ Employee Non-Disclosure Agreement

I. Non-Public Information

I understand that in order to fulfill my responsibilities as an employee of [Name of CDC contractor], I will have access to non-public information, including confidential and privileged information contained in government-owned information technology systems. For purposes of this agreement, confidential information means government information that is not or will not be generally available to the public. Privileged information means information which can

HYPERLINK "http://www.hyperdictionary.com/dictionary/not" not be disclosed without the prior written consent of the CDC.

I [Name of Employee], agree to use non-public information only in performance of my responsibilities to the CDC. I agree further that I will not disclose, publish, divulge, release, or make known in any manner or to any extent, to any individual other than an authorized Government employee, any non-public information that I may obtain in connection with the performance of my responsibilities to the CDC.

II. Procurement-Sensitive Information

I further agree that unless I have prior written permission from the CDC, I will not disclose, publish, divulge, release, or make known in any manner or to any extent, to any individual other than an authorized Government employee, any procurement-sensitive information gained in connection with the performance of my responsibilities to the CDC. I specifically agree not to disclose any non-public, procurement-sensitive information to employees of my company or any other organization unless so authorized in writing by the CDC. For purposes of this agreement, procurement-sensitive information includes, but is not limited to, all information in Statements of Work (SOW), Requests for Contract (RFC), and Requests for Proposal (RFP); Responses to RFPs, including questions from potential offerors; non-public information regarding procurements; all documents, conversations, discussions, data, correspondence, electronic mail (e-mail), presentations, or any other written or verbal communications relating to, concerning, or affecting proposed or pending solicitations or awards; procurement data; contract information plans; strategies; source selection information and documentation; offerors’ identities; technical and cost data; the identity of government personal involved in the acquisition; the schedule of key technical and procurement events in the award determination process; and any other information that may provide an unfair competitive advantage to a contractor or potential contractor if improperly disclosed to them, or any of their employees.

I understand and agree that my access to any procurement-sensitive information may create a conflict of interest which will preclude me, my current employer, or a future employer from becoming a competitor for any resulting government acquisition derived from this information. Therefore, if I participate in any discussions relating to procurement-sensitive information, assist in developing any procurement-sensitive information, or otherwise obtain any procurement-sensitive information during the course of performing my duties at the CDC, I understand and agree that I, my current employer, and any future employer(s) are excluded from competing for any resulting acquisitions.

III. Special Non-Disclosure Clause for Contractors with Access to CDC Grants Management and Procurement-Related Information Technology Systems

In addition to complying with the non-disclosure requirements and safeguards stated above, I understand that my authorization to use CDC’s grants management and procurement systems is strictly limited to the access and functions necessary for the performance of my responsibilities to the CDC and which have been approved in advance by the CDC. I understand that I am not authorized to enter procurement requests for any requirements pertaining to contracts or subcontracts held by me or my employer.

IV. Identification as a Non-Government Employee

I understand that as an employee of a government contractor, I represent an independent organization and I am not an agent of the Government. Therefore, I agree that unless I have prior written authorization from the CDC, I will, at the beginning of interactions with CDC employees, employees of other governmental entities, members of the public, or the media (when such communication or interaction relates to the contractor’s work with the CDC), identify myself as an employee of a contractor. I further agree to use the following identification procedures in connection with my work at the CDC:

A. I will include the following disclosures in all written communications, including outgoing electronic mail (e-mail) messages:

Employee’s name Name of contractor Center or office Affiliation Centers for Disease Control and Prevention

B. I will identify myself as an employee of a contractor at the beginning of telephone conversations or conference calls;

C. I will not wear any CDC logo on clothing, except for a CDC issued security badge while carrying out work for CDC or on CDC premises; the only other exception is when a CDC management official has granted permission to use the CDC logo.

D. I will program my CDC voice mail message to identify myself as a contractors’ employee.

I understand that federal laws including, 18 U.S.C. 641 and 18 U.S.C. 2071, provide criminal penalties for, among other things, unlawfully removing, destroying or converting to personal use, or use of another, any public records. I acknowledge that I have read and fully understand this agreement.

Name of contractor: ___________________________________

Name of Employee:___________________________

Signature of Employee:_________________________________

Date:________________

Copies retained by: contracting official, contractor, and Employee

(End of Clause)

Health Insurance Portability & Accountability Act of 1996 (Sep 2008)

Health Insurance Portability & Accountability Act of 1996

Pursuant to the Standards for Privacy of Individually Identifiable Health Information promulgated under the Health Insurance Portability and Accountability Act (HIPAA)(45 CFR Parts 160 and 164), covered entities may disclose protected health information to public health authorities “...authorized by law to collect or receive such information for the purpose of preventing or controlling disease, injury, or disability, including, but not limited to, the reporting of disease, injury, vital events such as birth or death, and the conduct of public health surveillance, public health investigations, and public health interventions...” The definition of a public health authority includes “...a person or entity acting under a grant of authority from or contract with such public agency...” The [Insert: Partner name] is acting under contract with the CDC [or: ATSDR] to carry out [Insert: Name of project/activity] which is authorized by [Insert: statutory authority from Public Health Service Act, Comprehensive Environmental Response, Compensation, and Liability Act, OR other legislation] and therefore may be considered a public health authority under the Privacy Rule for purposes of this project. Further, CDC [or: ATSDR] consider this to be [Insert: type of public health activity, i.e., disease/injury reporting, vital events, surveillance, investigations, intervention, registry] for which disclosure of protected health information by covered entities is authorized by section 164.512(b) of the Privacy Rule (45 CFR 164.512(b)).

(End of Clause)

Health Information Technology (Aug 2008)

Health Information Technology

Executive Order 13410: Promoting Quality and Efficient Health Care in Federal Government Administered or Sponsored Health Care Programs promotes efficient delivery of quality health care through the use of health information technology, transparency regarding health care quality and price, and incentives to promote the widespread adoption of health information technology and quality of care. To support this mission, the awardee shall, at a minimum, implement the following clauses(s)/condition(s) and, in doing so, the actions and steps taken to implement the clause(s)/condition(s) shall not impose additional costs onto the Federal Government.

Interoperability of Health IT Systems

· Use recognized health information interoperability standards at the time of the system update, acquisition, or implementation, in all relevant information technology systems supported, in whole or in part, through this agreement/contract.

· Use the Centers for Disease Control’s (CDC) Public Health Information Network (PHIN), such as requirements, standards, specifications, and promising practices, in the research and implementation of efficient, effective, and interoperable public health information systems, to facilitate interoperability with public health organizations and networks. More information about PHIN can be found at www.cdc.gov/phin.

· Where offerors/awardees support or participate in health information [or data] exchange with disparate entities, offerors/awardees must have an architecture that is compatible with the architecture of the Nationwide Health Information Network (www.hhs.gov/healthit/healthnetwork/background).

Adoption/Incentives

· Use health IT products, such as electronic health records, personalized health records, and the network components through which they operate and share information, certified by the Certification Commission for Healthcare Information Technology (CCHIT) or other recognized certification board, to ensure a minimum level of interoperability or compatibility of health IT products.

· Use services available at HHS’ Agency for Healthcare Research and Quality (AHRQ) National Resource Center for Health Information Technology (NRC) at www.healthit.ahrq.gov. The NRC provides technical assistance, identifies challenges to health IT adoption and use, and identifies solutions and best practices that have the potential to transform clinical practice through the best and most effective use of IT.

· Partner with other health care plans, local quality improvement organizations, and/or local medical societies to promote the adoption of certified electronic health records in physician office settings.

· Partner with other health care plans and/or local hospital associations to promote the adoption of certified electronic health records in the hospital setting.

· Offer products which provide incentives to consumers to access and use price and quality information.

· Offer pay-for-performance programs that reward use of certified electronic health record systems.

Transparency of Quality Measurements

· Report and publish consensus-based quality measures using standardized methodologies.

· Contribute to all-payor claims data sets, where applicable.

· Partner with providers, employers, and consumers to determine the manner in which quality metrics will be made available to the public in local or regional areas.

Transparency of Pricing Information

· Report and publish average reimbursement rates for specific procedures and provider services relative to rates published by Medicare.

· Report and publish actual reimbursement rates for specific providers and procedures.

HHS Standard Security Configuration Language (Jan 2009)

HHS Standard Security Configuration Language (January 2009)

1. Contractor computers containing HHS data shall be configured with the applicable Federal Desktop Core Configuration (FDCC) (http://nvd.nist.gov/fdcc/index.cfm), and shall have and maintain the latest operating system patch level and anti-virus software level.

2. The Contractor shall apply approved security configurations to information technology that is used to process information on behalf of the Department, its Operating Divisions (OPDIVs) and Staff Divisions (STAFFDIVs).

Such approved security configurations shall be identified jointly by the OPDIV/STAFFDIV Contracting Officer’s Technical Representative (COTR) and Chief Information Security Officer (CISO). Approved security configurations include, but are not limited to, those published by the Department, by the OPDIV/STAFFDIV, and by the National Institute of Standards and Technology (NIST) at http://checklist.nist.gov. OPDIVs/STAFFDIVs may have security configurations that are more stringent than the minimum baseline set by the Department or NIST. When incorporating such security configuration requirements in solicitations and contracts, the OPDIV CISO shall be consulted to determine the appropriate configuration reference for a particular system or services acquisition.

3. The Contractor shall ensure applications operated on behalf of the Department or OPDIV/STAFFDIV are fully functional and operate correctly on systems configured in accordance with the above configuration requirements. The Contractor shall use Security Content Automation Protocol (SCAP)-validated tools with FDCC Scanner capability to ensure its products operate correctly with FDCC configurations and do not alter FDCC settings. The Contractor shall test applicable product versions with all relevant and current updates and patches installed. The contractor shall ensure currently supported versions of information technology (IT) products meet the latest FDCC major version and subsequent major versions.

4. The Contractor shall ensure applications designed for end users run in the standard user context without requiring elevated administrative privileges.

5. The Contractor shall ensure hardware and software installation, operation, maintenance, update, and patching will not alter the configuration settings or requirements specified above

6. Federal Information Processing Standard 201 (FIPS-201) compliant, Homeland Security Presidential Directive 12 (HSPD-12) card readers shall: (a) be included with the purchase of servers, desktops, and laptops; and (b) comply with FAR Subpart 4.13, Personal Identity Verification.

7. The Contractor shall ensure all its subcontractors which perform work under this contract (at all tiers) comply with the above requirements.

Smoke Free Environment Certification (Sep 2008)

Smoke Free Environment Certification The Centers for Disease Control and Prevention (CDC) recognizes that secondhand smoke (SHS) exposure poses serious health risks to nonsmokers. SHS exposure in the workplace has been linked to an increased risk for heart disease and lung cancer among adult nonsmokers. SHS has been designated as a known carcinogen (cancer-causing agent) by the National Toxicology Program of the U.S. Environmental Protection Agency and by the International Agency for Research on Cancer (IARC). The National Institute for Occupational Safety and Health has concluded that SHS is an occupational carcinogen. There is no risk-free level of SHS exposure. Separating smokers from nonsmokers, cleaning the air, and ventilating buildings cannot eliminate this exposure. SHS is an important preventable cause of death from cancer and other illnesses, and many Americans, both adults and children, remain at significant risk from SHS exposure.

It is the CDC’s intent to protect the health of all CDC employees and reduce cancer and other serious health hazards caused by SHS exposure. Therefore, all meetings and conferences organized and/or sponsored or co-sponsored by the CDC shall be held in a conference venue that provides a smoke-free environment. A smoke-free conference venue is defined as a venue that makes ALL public places in the hotel and in all meeting facilities smoke-free. This includes, but is not limited to, meeting rooms, common areas such as lobbies and hallways, all indoor public spaces, all indoor employee work areas, restaurants (including restaurant bar areas), and lounges.

Conferences include symposia, seminars, workshops, and any other organized and formal meeting lasting one or more days, where CDC personnel assemble to exchange information and views or explore or clarify a defined subject, problem, or area of knowledge.

CERTIFICATION: Offeror’s acceptance of any resulting contract certifies that the meeting/conference venue provided is “smoke-free” and that all CDC personnel attending said meeting/conference will be doing so in a smoke-free environment.

HHS Standard Security Encryption Language (Jan 2009)

HHS Standard Security Encryption Language (January 2009)

8. The Contractor shall use FIPS 140-2 (as amended) compliant encryption to protect all instances of HHS sensitive information during storage and transmission.

9. The Contractor shall verify that the selected encryption product has been validated under the Cryptographic Module Validation Program (http://csrc.nist.gov/cryptval/) to confirm compliance with FIPS 140-2 (as amended). The Contractor shall provide a written copy of the validation documentation to both the Contracting Officer and the Contracting Officer’s Technical Representative (COTR).

10. The Contractor shall use the Key Management Key on the HHS personal identification verification (PIV) card; or alternatively, the Contractor shall establish and use a key recovery mechanism to ensure the ability for authorized personnel to decrypt and recover all encrypted information.

11. The Contractor shall securely generate and manage encryption keys to prevent unauthorized decryption of information, in accordance with FIPS 140-2 (as amended).

12. The Contractor shall: ensure that this standard is incorporated into the Contractor’s property management/control system; or establish a procedure to account for all laptop computers, desktop computers, and other mobile devices and portable media that store or process sensitive HHS information.

13. The Contractor shall ensure that all of its employees, subcontractors (at all tiers), and employees of each subcontractor, who perform work under this contract/subcontract, comply with the above requirements.

OTHER

(See Schedule)

FOB

DESTINATION

7. DELIVERY

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