2011-N-13312.doc

PAGE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

PAGE 1 OF

2. CONTRACT NO.

3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

2011-N-13312

6. SOLICITATION

ISSUE DATE

03/23/2011

Christine N. Godfrey

b. TELEPHONE NUMBER (No collect calls)

(770) 488-2519

8. OFFER DUE DATE/

LOCAL TIME

04/07/2011

12. DISCOUNT TERMS

FORMTEXT

Centers for Disease Control and Prevention (CDC)

Procurement and Grants Office (PGO)

2920 Brandywine Road

Atlanta, GA 30341-5539

X UNRESTRICTED

SIC:

SIZE STANDARD:

X SEE SCHEDULE

UNDER DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

X

IFB

FORMTEXT

RFQ

RFP

Centers for Disease Control and Prevention (CDC)

Procurement and Grants Office (PGO)

2920 Brandywine Road

Atlanta, GA 30341-5539

CODE

Centers for Disease Control and Prevention (FMO)

PO Box 15580 404-498-4050

Atlanta, GA 30333-0080

TELEPHONE NO.

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

“See Continuation Page”

(Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

9391463 259H 2011 75-11-0943 5623411101

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28.

CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

29.

AWARD OF CONTRACT: REFERENCE

DATED

30b. NAME AND TITLE OF SIGNER (Type or print)

30c. DATE SIGNED

31b. NAME OF CONTRACTING OFFICER (Type or print)

31c. DATE SIGNED

FORMTEXT

RECEIVED

32b. SIGNATURE OF AUTHORIZED GOV’T REPRESENTATIVE 32c. DATE

41a. I CERTIFY THIS AMOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

38. S/R ACCOUNT NUMBER

39. S/R VOUCHER NUMBER

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC’D 42d. TOTAL CONTAINERS

40. PAID BY

AUTHORIZED FOR LOCAL REPRODUCTION

SEE REVERSE FOR OMB CONTROL NUMBER AND PAPERWORK BURDEN STATEMENT STANDARD FORM 1449 (10-95)

TABLE OF CONTENTS

SECTION B - CONTINUATION OF SF1449tc \l2 "CONTINUATION OF SF 1449

Pharmaceutical Transaction data in accordance with Section C, Performance Work Statement 1 Year

1 Year

1 Year

1 Year

1 Year

There are no clauses/provisions included in this section.

SECTION C – Performance Work Statement A. Background and Need:

For almost five years, the Centers for Disease Control and Prevention (CDC), through the BioSense Program, has acquired national and regional samples of pharmaceutical transaction data (mainly anti-infective drug classes) and data related services in near real-time to supplement and enhance existing public health surveillance activities (e.g., monitoring antiviral transactions for treatment of influenza during the recent H1N1 pandemic). These data are analyzed by time, place, patient demographics (e.g., age group, sex), and further stratified by pharmacological-therapeutic-classification and product formulation. No personally-identifiable data or Protected Health Information (PHI) is interchanged within these pharmaceutical transaction data. Analyses of the anti-infective pharmaceutical data are used to support public health situation awareness activities, monitor the impact and magnitude of adverse population health events (e.g., infectious disease outbreaks), and inform public health response activities led or coordinated by CDC and state and local health departments. This requirement is for a vendor to provide CDC with near real-time, well characterized pharmaceutical transaction data and related data services from a well defined nationally and regionally representative sample of the ~60,000 retail (chain and independent community), governmental, and institutional pharmaceutical product sales and dispensing venues across the country. The retail pharmacy coverage of the respondent/data aggregator should represent at least 70% of pharmaceutical transactions in the United States across all transaction types (e.g., self-pay, private insurance, Medicare, or Medicaid). These data should be classified in keeping with the appropriate biomedical concept vocabularies such as RxNorm, Medi-Span’s Generic Product Identifier (GPI), and other therapeutic classification systems, to support therapeutic agent categorization and classification. These pharmaceutical transaction data must meet specific criteria described in the PWS and be made available to the CDC in keeping with Public Health Information Network (PHIN) and Nationwide Health Information Network (NHIN) data and information exchange standards. The range of pharmaceutical transaction data will be initially limited to select grouping of pharmaceutical therapeutic classes (anti-infective) at the national level along with a broader grouping of drug classes (anti-infective, psychotropic, and selected chronic disease treatment medication classes) for specific U.S. geographic regions to support existing CDC surveillance and evaluation activities.

B. Definitions and Standards

B.1 Definitions

Contracting Officer’s Technical Representative (COTR): Contracting Officer’s Technical Representatives (COTRs) serve the federal government as business leaders, helping to ensure government-contractor business relationships are mutually beneficial and provide exactly those products and services the government needs.

Nationwide Health Information Network (NHIN): “support communication and ensure secure, interoperable information exchange among these organizations.” [Kass-Hout, et., al, NHIN, RHIOs, and Public Health, J Public Health Management Practice, 2007, 13(1), 31–34.] The Nationwide Health Information Network (NHIN) is being developed to provide a secure, nationwide, interoperable health information infrastructure that will connect providers, consumers, and others involved in supporting health and healthcare. This critical part of the national health IT agenda will enable health information to follow the consumer, be available for clinical decision making, and support appropriate use of healthcare information beyond direct patient care so as to improve health. [Source: http://www.hhs.gov/healthit/healthnetwork/background]

B.2 Interoperability Standards, policies, and specifications that apply to this requirement

The Contractor will implement the relevant HHS recognized interoperability standards accepted by the Secretary of Health and Human Services in December 2006. See the Executive Order: Promoting Quality and Efficient Health Care in Federal Government Administered or Sponsored Health Care Programs at http://www.whitehouse.gov/news/releases/2006/08/20060822-2.html and standards at http://www.hhs.gov/healthit/standards.html

Data Extraction and Messaging: The data provider must provide detailed technical documentation (including relevant diagrams) specifying data extraction rules, extract, transform, and load (ETL) processes, and data messaging specifications.

Data Codebooks / Documentation: The data provider must provide complete data source documentation and data element codebooks describing the meaning and valid values (and their definition) for each data element.

C. Scope of Work The successful respondent, as an independent organization, and not as an agent of the Federal Government, shall provide the following data products along with the necessary data and documentation services needed to well describe and characterize these products for public health surveillance activities. A graphical depiction of the Government’s concept of the work breakdown structure required of this project is provided below:

C.1. Specific Tasks to be performed:

1. Access to Real-Time Pharmacy Transaction Data

CDC requires access to real-time pharmacy transaction data from processing network capable of the following:

a. Data Content: Delivery of an ongoing data-stream derived for a select group of CDC-identified pharmaceutical therapeutic classes.

i. Group 1 - CDC-identified anti-infective drugs (excluding HIV/ AIDS treatment drugs), from a well-defined national sample of pharmaceutical drug dispensing venues. The retail pharmacy coverage of the respondent/data aggregator’s sample should represent at least 70% of pharmaceutical transactions in the United States across all transaction types (e.g., self-pay, private insurance, Medicare, or Medicaid).

ii. Group 2 – CDC identified psychotropic and chronic disease treatment / maintenance drugs from a well defined representative sample of pharmaceutical drug dispensing venues from the following States: AL, CA, FL, LA, MS, NC ,OH, and TX.

iii. Data variables- at a minimum the ongoing data-feed needs to include the National Council for Prescription Drug Programs (NCPDP) code values described in Table A.

iv. The successful respondent should also provide a minimum of 3 years of retrospective data of the same type and content as that being requested prospectively and should represent the three (3) year period just prior to the time period of this award. This retrospective data is required to allow assessment of prescribing trends from the data source to enable more accurate interpretation of the pharmaceutical transaction data.

b. Data Delivery and Timeliness:

i. Data need to be available for delivery to CDC within 4 hours of time of pharmaceutical transaction that resulted in a therapeutic agent being dispensed to a patient, 7 days a week, 365 days a year.

ii. There should be no more than a 1 day (i.e., 24-hour) lag from the time of the pharmaceutical transaction that resulted in a therapeutic agent being dispensed to a patient to the time the data are delivered to CDC.

iii. The provided data must be validated against CDC’s identified drug target list and formatted for delivery via PHIN Messaging System (PHINMS) (Note: PHINMS is a generic, standards-based, interoperable, and extensible message transport system. It is platform-independent and loosely coupled with systems that produce outgoing messages or consume incoming messages) through CDC’s Secure Data Network (SDN).

c. Data Use:

These data will be used to supplement existing public health surveillance and evaluation activities. The Data Use Agreement (DUA) with the successful respondent must be flexible to accommodate the sharing of these de-identified data with internal (CDC) and external (State and Local Public Health Departments) partners.

d. Representativeness:

Data provided needs to be well characterized in terms of venue of service and context (retail chain pharmacy, retail independent pharmacy, governmental, institutional, etc) and demonstrate representation of >70% of pharmaceutical dispensing locations and >70% of annual pharmaceutical transactions in the U.S..

C. 2 Performance-Based Matrix

90% of data delivered needs to comply with indicator requirement.

Contractor will provide standardized periodic (monthly) transaction report to COTR for internal review

Documentation for the data and data services provided is complete, accurate, and usable meeting described

Technical Requirements (and periodically updated as needed).

Contractor will provide standardized periodic (monthly) process reports to demonstrate DQA efforts to COTR for internal review.

Incentives and Payment-Quality Link

2. Payment is linked to quality through FAR 52.246-2 Inspection of Services – Fixed Price.

A. The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

B. The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all places and times during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

C. If any of the services performed do not conform to contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, for no additional fee. When the defects in services cannot be corrected by performance, the Government may—

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce any fee payable under the contract to reflect the reduced value of the services performed.

D. If the Contractor fails to promptly perform the services again or take the action necessary to ensure future performance in conformity with contract requirements, the Government may—

(1) By contract or otherwise, perform the services and reduce any fee payable by an amount that is equitable under the circumstances; or

(2) Terminate the contract for default.

D. Technical Requirements

1. A detailed description of the respondent's data products with respect to database contents (e.g., data element specification), and geographic, temporal, and demographic coverage of the U.S. population and pharmaceutical transaction market.

2. A detailed description of the setting(s) in which the data are generated (e.g. how are transactions captured by data provider) and the workflow between data collection and data delivery to business partners, to include relevant business relationships and organizational authorities.

3. A description of the timeliness of data transmitting capability, including data transmission frequency and average lag time between the date and time of the pharmaceutical transaction that resulted in a therapeutic agent being dispensed to a patient and the delivery/receipt of the data record by potential business partners.

4. A description of the technologies supporting the proposed approach; and whether these technologies/platforms/software programs are proprietary or not.

5. A description addressing data quality, including data quality assurance and problem resolution processes at data aggregator if aggregator is not the original data collector.

6. A description of the technical support available to business partner data managers, analysts, and scientists investigating health services issues or operational issues regarding health care data collection, management, and interchange.

7. A listing of the categories of data services that can be provided to meet the requirements of this PWS and estimates of the associated costs of data access and use by CDC based on skill sets and time and effort required to deliver data.

8. Responses should be limited to 20 pages (not including supplemental documentation such as CVs, publications, etc.).

Table A: Listing of the minimum required data elements that should be reported for each pharmaceutical transaction to meet the requirements of this PWS.

E. Reporting Schedule The Contractor shall submit monthly progress reports to the COTR. Reports shall be submitted by email to the COTR by the date requested, in a Word document attachment or appropriate format (e.g., MS PowerPoint slides, MS Project). The monthly progress reports shall document any problems that may have been encountered and have not yet been resolved as well as any items submitted for review by the Government. This would include responses that are due or overdue at time of the report. The monthly report should also document any contemplated changes to the project plan.

F. Deliverables: The Contractor shall provide the following deliverables to the COTR:

1.

Initial meeting

2.

Access to Real-Time Pharmacy Transaction Data

3.

Data Documentation

4.

Data characterization documentation

5.

Retrospective data

G. Special Considerations

II. GOVERNMENT Rights in Data

All data, software and supporting materials acquired under this contract become the property of the U.S. Government. Under no circumstances shall a contractor place a copyright that will in any way limit the Government’s use of any of the materials that the vendor develops, provides or receives payment for under this contract. The government will not resell the software or data. The contractor and others that hold rights retain their full rights to their versions of the software and all data, and may resell to any non-Federal Government entity.

III. PERIOD of Performance:

The period of performance of this contract shall be one (1) twelve (12) month base period with four (4) twelve (12) month option periods.

IV. Security

The Contractor shall not provide any government documents, information, or licensed material in any form to sources not authorized by CDC without written approval during the period of performance of this requirement and any time afterwards. Execution of non-disclosure statements will be required.

V. Government Furnished Property – NA

VI. References – No special references

VII. OTHER REQUIREMENTS

A. Quality of Support

The Contractor shall ensure that all Contractor support personnel are adequately trained, possess the requisite experience, and are otherwise fully qualified to provide the high level of support required by agency prior to being assigned to this task order.

B. Initial Meeting

Prior to the kickoff meeting, the contractor shall schedule a meeting with the government for planning purposes within 7 calendar days of this award.

VIII. PROPOSAL REVIEW CRITERIA AND EVALUATION

CDC retains discretion in making the award based on additional factors, including programmatic and contract considerations.

Relationship between Cost or Price and Technical Strength

Offeror is hereby informed that both cost and the result of the contractor's technical proposal shall be considered when selecting the successful offeror. The Government will not make an award at a significantly higher overall cost to the Government to achieve only slightly superior performance. However, technical content and capability will be weighted more heavily than cost or price. Award shall be made to that responsible offeror submitting the proposal (Technical and Business) determined to be the most advantageous and the best value to the Government as evaluated under the criteria described in this Section.

Evaluation Criteria

The Government will perform a quantitative (with the total number of possible points is 100) and qualitative (Technically Superior, Technically Acceptable, or Technically Unacceptable) technical review of proposals. The technical proposal will be scored against the evaluation criteria described below:

· Understanding the Project (25 Points) Proposal demonstrates a thorough and complete understanding of the requirements and indicates a clear awareness of the contract objectives and PWS. Proposal provides evidence that the offeror has a deep knowledge of the subject to be able to anticipate and avoid problems, and to react appropriately when problems do arise to meet program objectives.

· Soundness of the Technical Approach and Management Plan (40 Points) Response describes the proposed approach and management plan to comply with each of the requirements specified in the PWS. The proposal is consistent with the stated goals and objectives. The proposed approach of ensuring the achievement of timely and acceptable performance is well documented and sound. Milestone or phasing charts illustrate the logical sequence of proposed work events, technical accomplishments and deliverables.

· Relevant or Similar Experience from at least Two Projects (25 Points) Offerors shall demonstrate a commitment to customer satisfaction and timely delivery of high quality products and services by providing at least two examples of projects and activities of similar scope and design. Offerors shall be evaluated on (1) record of conforming to specifications and to standards of good workmanship; (2) adherence to contract schedules, including the administrative aspects of performance; (3) reputation for reasonable and cooperative behavior and commitment to customer satisfaction; and (4) business-like concern for the interests of the customer.

· Staffing and Management Plan (10 Points) The proposed staff is competent and experienced in the skills required in the PWS. Resumes of key staff and consultants reflect not only academic qualifications, but also length and variety of experience in similar tasks and clearly demonstrate relevant training and work experience and accomplishments. If subcontractors are proposed, information is provided to support the qualifications of the subcontractors.

The plan should identify any proposed sub-contractor personnel to be utilized on the project. Identifying; in percentage (%), the amount of time to be committed to the project by sub-contractor personnel.

For “Key Personnel” positions, curriculum vitae detailing relevant qualifications and experience for each proposed individual, in accordance with the requirements of this PWS, should be included. The plan should indicate, in percentage (%), the amount of time each individual will be committed to the project.

TOTAL: 100 Points Section D - Packaging And Marking

Any shipments or correspondence shall be in accordance with the Performance Work Statement Section E - Inspection And Acceptance

E.1 Inspection and Acceptance (Apr 2009)

E.1.1 Inspection and acceptance of the articles, services, and documentation called for herein shall be accomplished by the Contracting Officer, or his duly authorized representative (who for the purposes of this contract shall be the Project Officer/COTR) at the destination of the articles, services or documentation.

E.1.2 The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or re-performance of nonconforming services at no increase in contract price. The Government must exercise its post-acceptance rights:

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

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

(End of Clause)

E.2 Contractor Inspection Requirements

The Contractor is responsible for performing or having performed all inspections and tests necessary to substantiate that the supplies or services furnished under this contract conform to contract requirements, including any applicable technical requirements for specified manufacturers’ parts. This clause takes precedence over any Government inspection and testing required in the contract’s specifications, except for specialized inspections or tests specified to be performed solely by the Government.

(End of Clause)

Section F - Deliveries Or Performance

FAR SOURCE

TITLE AND DATE

52.242-15

Stop Work Order (Aug 1989)

F.1 Period of Performance (Jul 1999)

The period of performance of this contract shall be a base period of 12 months FORMTEXT from the effective date of the contract with option for four (4) 12-month option period to be exercised at the discretion of the Government.

(End of Clause)

Section G - Contract Administration Data

G.1 Electronic Subcontracting Reporting System (eSRS) (Dec 2005)

G.1.1 The Contractor shall register with the Electronic Subcontracts Reporting System (eSRS) for the submission of its Individual Subcontract Report (SF 294) and the Annual Summary Reports (SF 295). Before registering in eSRS, the Contractor information must be correct in Central Contractor Registration database. The eSRS is a world wide web-based application available at: http://www.esrs.gov. The eSRS website provides training and instruction for data submission.

G.2 Evaluation of Contractor Performance (Service) (Jan 2000)

G.2.1 Purpose - In accordance with FAR 42.1502, the Contractor's performance will be periodically evaluated by the Government, in order to provide current information for source selection purposes. These evaluations will therefore be marked “Source Selection Information.”

G.2.2 Performance Evaluation Period - The Contractor's performance will be evaluated at least annually.

G.2.3 Evaluators - The performance evaluation will be completed jointly by the Project officer/COTR and the Contracting officer.

G.2.4 Performance Evaluation Factors - The Contractor's performance will be evaluated in accordance with the attachment listed in Section J titled Quality Assurance Surveillance Plan (QASP) (including Performance Evaluation Report).

G.2.5 Contractor Review - A copy of the evaluation will be provided to the Contractor as soon as practicable after completion of the evaluation. The Contractor shall submit comments, rebutting statements, or additional information to the Contracting Officer within 30 calendar days after receipt of the evaluation.

G.2.6 Resolving Disagreements between the Government and the Contractor - Disagreements between the parties regarding the evaluation will be reviewed at a level above the Contracting Officer. The ultimate conclusion on the performance evaluation is a decision of the contracting agency. Copies of the evaluation, Contractor's response, and review comments, if any, will be retained as part of the evaluation.

G.2.7 Release of Contractor Performance Evaluation Information - The completed evaluation will not be released to other than Government personnel and the Contractor whose performance is being evaluated. Disclosure of such information could cause harm both to the commercial interest of the Government and to the competitive position of the Contractor being evaluated as well as impede the efficiency of Government operations.

G-2.8 Source Selection Information - Departments and agencies may share past performance information with other Government departments and agencies when requested to support future award decisions. The information may be provided through interview and/or by sending the evaluation and comment document to the requesting source selection official.

G.2.9 Retention Period - The agency will retain past performance information for a maximum period of three years after completion of contract performance for the purpose of providing source selection information for future contract awards.

(End of Clause)

G.3 Invoice Submission

(a) The Contractor shall submit the original contract invoice/voucher to the CDC Finance Management Office (FMO) to the following email address: fmoapinv@cdc.gov

(b) The contractor shall simultaneously submit an invoice/voucher via email to the cognizant contracting office at cnp9@cdc.gov and to the cognizant CDC COTR who will be identified after award.

(c) In accordance with 5 CFR part 1315 (Prompt Payment), CDC's Financial Management Office is the designated billing office for the purpose of determining the payment due date under FAR 32.904.

(d) The Contractor shall include (as a minimum) the following information on each invoice:

(1) Contractor’s Name & Address

(2) Contractor’s Tax Identification Number (TIN)

(3) Purchase Order/Contract Number and Task Order Number, if Appropriate

(4) Invoice Number

(5) Invoice Date

(6) Contract Line Item Number and Description of Item

(7) Quantity

(8) Unit Price & Extended Amount for each line item

(9) Shipping and Payment Terms

(10) Total Amount of Invoice

(11) Name, title and telephone number of person to be notified in the event of a defective invoice

(12) Payment Address, if different from the information in (c)(1).

(13) DUNS + 4 Number

G.4 Contracting Officer (Jul 1999)

G.4.1 The Contracting Officer is the only individual who can legally commit the Government to the expenditure of public funds. No person other than the Contracting Officer can make any changes to the terms, conditions, general provisions, or other stipulations of this contract.

G.4.2 No information, other than that which may be contained in an authorized modification to this contract, duly issued by the Contracting Officer, which may be received from any person employed by the United States Government, or otherwise, shall be considered grounds for deviation from any stipulation of this contract.

(End of Clause)

G.5 Project Officer/Contracting Officer’s Technical Representative (Jul 1999)

G.5.1 Performance of the work here under shall be subject to the technical directions of the designated Project Officer/COTR for this contract.

G.5.2 As used herein, technical directions are directions to the Contractor which fill in details, suggests possible lines of inquiry, or otherwise completes the general scope of work set forth herein. These technical directions must be within the general scope of work, and may not alter the scope of work or cause changes of such a nature as to justify an adjustment in the stated contract price/cost, or any stated limitation thereof. In the event that the Contractor feels that full implementation of any of these directions may exceed the scope of the contract, he or she shall notify the originator of the technical direction and the Contracting Officer in a letter separate of any required report(s) within two (2) weeks of the date of receipt of the technical direction and no action shall be taken pursuant to the direction. If the Contractor fails to provide the required notification within the said two (2) week period that any technical direction exceeds the scope of the contract, then it shall be deemed for purposes of this contract that the technical direction was within the scope. No technical direction, nor its fulfillment, shall alter or abrogate the rights and obligations fixed in this contract.

G.5.3 The Government Project Officer/COTR is not authorized to change any of the terms and conditions of this contract. Changes shall be made only by the Contracting Officer by properly written modification(s) to the contract.

G.5.4 The Government will provide the Contractor with a copy of the delegation memorandum for the Project Officer/COTR. Any changes in Project Officer’s/COTR delegation will be made by the Contracting Officer in writing with a copy being furnished to the Contractor.

(End of Clause)

G.6 Contract Communications/Correspondence (Jul 1999)

G.6.1 The Contractor shall identify all correspondence, reports, and other data pertinent to this contract by imprinting thereon the contract number from Page 1 of the contract.

G.7 Payment by Electronic Funds Transfer (Dec 2005)

G.7.1 The Government shall use electronic funds transfer to the maximum extent possible when making payments under this contract. FAR 52.232-33, Payment by Electronic Funds Transfer – Central Contractor Registration, in Section I, requires the Contractor to designate in writing a financial institution for receipt of electronic funds transfer payments.

G.7.2 In addition to Central Contractor Registration, the Contractor shall make the designation by submitting the form titled “ACH Contractor/Miscellaneous Payment Enrollment Form” to the address indicated below. The form may be obtained by contacting the CDC Financial Management Office at (404) 498-4050.

G.7.3 In cases where the Contractor has previously provided such designation, i.e., pursuant to a prior contract/order, and been enrolled in the program, the form is not required unless the designated financial institution has changed.

G.7.4 The completed form shall be mailed after award, but no later than 14 calendar days before an invoice is submitted, to the following address:

The Centers for Disease Control and Prevention

Financial Management Office (FMO)

P.O. Box 15580

Atlanta, GA 30333

Or – Fax copy to: 404-638-5342

G.8 Type of Contract The government is anticipating a firm fixed price contract.

Section H - Special Contract Requirements

H.1 FAR 52.202-1 Definitions (Jul 2004)

(a) When a solicitation provision or contract clause uses a word or term that is defined in the Federal Acquisition Regulation (FAR), the word or term has the same meaning as the definition in FAR 2.101 in effect at the time the solicitation was issued, unless—

(1) The solicitation, or amended solicitation, provides a different definition;

(2) The contracting parties agree to a different definition;

(3) The part, subpart, or section of the FAR where the provision or clause is prescribed provides a different meaning; or

(4) The word or term is defined in FAR Part 31, for use in the cost principles and procedures.

(b) The FAR Index is a guide to words and terms the FAR defines and shows where each definition is located. The FAR Index is available via the Internet at http://www.acqnet.gov at the end of the FAR, after the FAR Appendix.

(End of clause)

H.2 Prohibition on the Use of Appropriated Funds for Lobbying Activities (Jul 1999)

The contractor is hereby notified of the restrictions on the use of Department of Health and Human Service's funding for lobbying of Federal, State and Local legislative bodies.

Section 1352 of Title 10, United Stated Code (Public Law 101-121, effective 12/23/89), among other things, prohibits a recipient (and their subcontractors) of a Federal contract, grant, loan, or cooperative agreement from using appropriated funds (other than profits from a federal contract) to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any of the following covered Federal actions; the awarding of any Federal contract; the making of any Federal grant; the making of any Federal loan; the entering into of any cooperative agreement; or the modification of any Federal contract, grant, loan, or cooperative agreement. For additional information of prohibitions against lobbying activities, see FAR Subpart 3.8 and FAR Clause 52.203-12.

In addition, the current Department of Health and Human Services Appropriations Act provides that no part of any appropriation contained in this Act shall be used, other than for normal and recognized executive-legislative relationships, for publicity or propaganda purposes, for the preparation, distribution, or use of any kit, pamphlet, booklet, publication, radio, television, or video presentation designed to support, or defeat legislation pending before the Congress, or any State or Local legislature except in presentation to the Congress, or any State or Local legislative body itself.

The current Department of Health and Human Services Appropriations Act also provides that no part of any appropriation contained in this Act shall be used to pay the salary or expenses of any contract or grant recipient, or agent acting for such recipient, related to any activity designed to influence legislation or appropriations pending before the Congress, or any State or Local legislature.

H.3 Smoke Free Environment (Jul 1999)

In compliance with Department of Health and Human Services (DHHS) regulations, all contractor personnel performing work within CDC/ATSDR facilities shall observe the CDC/ATSDR smoke-free working environment policy at all times. This policy prohibits smoking in all CDC/ATSDR buildings and in front of buildings which are open to the public. This policy is also applicable to contractor personnel who do not work full-time within CDC/ATSDR facilities, but are attending meetings within CDC/ATSDR facilities.

H.4 Privacy Act Applicability (Apr 2000)

H.4.1 Notification is hereby given that the Contractor and its employees are subject to criminal penalties for violation of the Privacy Act to the same extent as employees of the Government. The Contractor shall assure that each of its employees knows the prescribed rules of conduct and that each is aware that he or she can be subjected to criminal penalty for violation of the Act. A copy of 45 CFR Part 5b, Privacy Act Regulations, may be obtained at http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&tpl=/ecfrbrowse/Title45/45cfr5b_main_02.tpl H.4.2 The Project Officer/COTR is hereby designated as the official who is responsible for monitoring Contractor compliance with the Privacy Act.

H.4.3 The Contractor shall follow the Privacy Act guidance as contained in the Privacy Act system notice.

(End of Clause)

H. 5 Continuity of Contract Support. This is a non-personal service, firm fixed price contract; therefore, the Contractor shall have the responsibility for individual personnel management, to include removal and replacement. The Government may require the removal and replacement of personnel as a result of security actions or other reasons, e.g., removal of unqualified or habitually careless personnel in accordance with FAR 52.246-4, Inspection of Fixed Price, or the removal of personnel who cannot perform the task or display unacceptable conduct. The Contractor shall ensure the contractually required support level is maintained at all times.

H.6 Non-Disclosure Agreement for Contractor and Contractor Employees (Mar 2006)

H.6.1 Contractor's employees shall sign a non-disclosure agreement (NDA) and agree not to disclose any details related to locations flown, trips completed, or any information related to the CDC, DSNS, or PGO.

H.6.2 During the contract performance period, the Contractor is responsible for ensuring that all additional or replacement Contractor’s employees sign a NDA and it is submitted to the Contracting Officer and the Project Officer/COTR.

H.6.3 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 1

Centers for Disease Control and Prevention (CDC)

Division of Strategic National Stockpile (DSNS)

Sensitive But Unclassified (SBU) Information Non-Disclosure Agreement

An Agreement between the Division of Strategic National Stockpile (DSNS), Centers for Disease Control and Prevention (CDC) and ___________________________________.

(Name of Individual – Printed or Typed)

1. I acknowledge that I have been given access to Sensitive But Unclassified information by the DSNS to facilitate the performance of my official duties. I understand that it is my responsibility to safeguard this DSNS Sensitive But Unclassified information and to refrain from disclosing it without prior DSNS approval.

2. I have been advised that any breach of this Agreement may result in the termination of my access to DSNS Sensitive But Unclassified information even if such termination effectively prevents me from performing my official duties. Unauthorized release or mishandling of DSNS sensitive but unclassified information may be, if applicable, grounds for adverse personnel action against me. In addition, should I misuse records requiring protection under the Privacy Act I have been advised that unauthorized disclosure of information protected by the Privacy Act may result in disciplinary actions, a fine up to $5,000.00, or both.

3. I understand all DSNS Sensitive But Unclassified information remains the property of and under the control of the United States Government. I agree that I must return all DSNS Sensitive But Unclassified information in my possession or for which I am responsible:

A. upon demand by DSNS;

B. upon the conclusion of my employment or other relationship with DSNS; or

C. upon the conclusion of my employment or other relationship that requires access to DSNS Sensitive But Unclassified information.

4.

Unless I am released in writing by an authorized DSNS representative, I understand that all conditions and obligations imposed upon me by this Agreement apply during the time I am granted access to DSNS Sensitive But Unclassified information, and all times thereafter.

ACCEPTANCE:

WITNESS:

I, THE UNDERSIGNED, ACCEPT THIS AGREEMENT

THE EXECUTION OF THIS AGREEMENT WAS

BEFORE ACCESSING DSNS SENSITIVE BUT

WITNESSED BY THE UNDERSIGNED.

UNCLASSIFIED INFORMATION.

SIGNATURE:_______________________________

SIGNATURE:___________________________

NAME (Printed):____________________________ NAME (Printed):________________________

DATE:____________________________________

DATE: ________________ _______________

FOR INTERNAL USE

FILE ROUTING:

USER ID:_______ PHONE:___________________

Original:

EMPLOYER:_______________________________

Copies: EMPLOYEE FILE (BST), Contractor, Facility

BRANCH/FACILITY:_________________________

Section I - Contract Clauses

Section I-1 - Clauses Incorporated By Reference

I.1 52.252-2 Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acqnet.gov http://farsite.hill.af.mil/ (End of Clause)