Urgent and Emerging Issues_Final_01July2011.doc

SOLICITATION, OFFER AND AWARD

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

RATING

PAGE OF

2. CONTRACT NO.

3. SOLICITATION NO.

2011-N-13397

4. TYPE OF SOLICITATION

X

NEGOTIATED (RFP)

5. DATE ISSUED

07/01/2011

6. REQUISITION/PURCHASE NO.

00HCUG12-2011-95404

Centers for Disease Control and Prevention (PGO)

Procurement and Grants Office

2920 Brandywine Rd, RM 3000

Atlanta, GA 30341-5539

Center for Disease Control and Prevention (PGO) Procurement and Grants Office, Attn: R.Reynolds

2920 Brandywine Rd, RM 2910 Atlanta, GA 30341-5539

Approved as to Form and Legality: _____________________________

NOTE: In sealed bid solicitations “offer” and “offeror” mean “bid” and “bidder.”

SOLICITATION

9. Sealed offers in original and 5 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in See L.8 until

1:00PM

local time 08/02/2011 CAUTION -- LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME

Robert Reynolds

B. TELEPHONE (NO COLLECT CALLS)

AREA CODE NUMBER: EXT:

(770) 488-2725

C. E-MAIL ADDRESS

Vio9@cdc.gov

11. TABLE OF CONTENTS

(x)

DESCRIPTION

(x)

DESCRIPTION

X

REPRESENTATIONS, CERTIFICATIONS, AND

OFFER (Must be fully completed by offeror)

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52-232-8)

10 CALENDAR DAYS

20 CALENDAR DAYS

30 CALENDAR DAYS

CODE

FACILITY

16. NAME AND ADDRESS OF PERSON AUTHORIZED TO SIGN OFFER

15B. TELEPHONE NO.

AREA CODE NUMBER EXT.

15C. CHECK IF REMITTANCE ADDRESS

SUCH ADDRESS IN SCHEDULE.

17. SIGNATURE

18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED

20. AMOUNT

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

21. ACCOUNTING AND APPROPRIATION

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

26. NAME OF CONTRACTING OFFICER (Type or print)

27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

28. AWARD DATE

IMPORTANT -- Award will be made on this form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 33 (REV. 9-97)

PREVIOUS EDITION IS UNUSABLE

Prescribed by GSA

FAR (48 CFR) 53.214©

Section B - Supplies Or Services And Prices/Costs Section B - Supplies or Services and Prices/Costs

B.1 General

This is a competitive total small business set-aside procurement. This acquisition is being competed in accordance with FAR Part 15 - Contracting by Negotiation. The NAICS Code is 541810, Advertising Agencies, with an average annual receipt of $7 million dollars size standard.

(End of Clause)

B.2 Type of Contract

This is an Indefinite Delivery/Indefinite Quantity (IDIQ) task order contract. Accordingly, task orders will be separately priced and contain unique statements of work within scope of the statement of work included in Section C of this contract.

Task orders will be Firm-Fixed-Price (FFP) and/or Time and Material.

Obligation of funds will be done by the issuance of individual task orders by the Contracting Officer in accordance with the clause titled “Award of Task Orders” in Section H and FAR Clause 52.216-18 titled “Ordering” in Section I. Task orders will be issued on a firm-fixed-price basis or a time and material bases, The Contractor shall not exceed the amount negotiated for each individual task order without prior written approval of the Contracting Officer.

In addition, the Contractor shall not commence work until a task order or other written notification for a specific assignment is issued by the Contracting Officer. Only a CDC Contracting Officer is authorized to issue a task request to the Contractor or issue finalized task orders under this contract. The Government is not obligated to reimburse the Contractor for costs incurred before issuance of a task order or other written notification by the Contracting Officer.

(End of Clause) B.3 Minimum and Maximum Ordering Amounts

Minimum order amount: $10,000.

Maximum order amount: $2,000,000.

The ceiling price for this contract (i.e. cumulative value of all task orders) is $10,000,000.

(End of Clause) B.4 Minimum Guarantee

This contract guarantees that task order(s) amounting to a minimum of Ten thousand dollars ($10,000) will be issued during the base period ONLY for those contractors who submit a minimum of two (2) proposals for task orders during that period. In the event that during the base period, the contractor receives obligations of less than this minimum, the Government will fund the difference between the actual obligation and the guaranteed minimum. There is no guaranteed minimum for the option periods.

(End of Clause)

B.5 Performance-Based Acquisition

This is a performance-based acquisition. The performance-based acquisition strategy adopts the best commercial practices and provides the means to reach world class commercial suppliers, gain greater access to technological innovations, maximize competition and obtain the best value to achieve greater savings and efficiencies. Use of performance-based contracting strategies reduces acquisition cycle time and costs since contractors are not compelled to perform to detailed design-type specifications that inhibit creativity and efficiency.

(End of Clause)

B.6 Place of Work and Government Furnished Equipment

Work under the contract may be performed on-site at CDC locations OR may be conducted off-site at contractor locations and on-site meetings with CDC staff, as may be required. Each task order will specify the location requirements. Due to office space issues, CDC is encouraging Telework for its workforce. Contractors are encouraged to use this option, where and when appropriate and without any adverse effect to work performance in support of the CDC.

If the work is to be performed primarily on-site at a CDC location, due to the nature of the work, CDC will provide IT equipment (i.e., desktop computer), telephone, and other office equipment and supplies as needed for the Contractor to perform required tasks.

If the work is to be performed primarily off-site at the contractor’s locations, where the contractor needs to access CDC’s network, the CDC will not provide IT equipment and the computers used by contractor personnel shall meet CDC’s standard software and security configuration before logging onto CDC’s network.

(End of Clause)

B.7 Non-Personal Services Contract Statement

This is a non-personal services contract as defined in Federal Acquisition Reqgularion (FAR) 37.101. The government will evaluate the quality of support services provided but the Contractor retains control over its employees or agents. The Contractor is solely responsible for and liable for and expressly agrees to indemnify the Government with respect to any liability producing acts or omissions by it or by its employees.

(End of Clause) B.8 Single or Multiple Awards (Oct 1995) The Government may elect to award a single delivery order contract or task order contract or to award multiple delivery order contracts or task order contracts for the same or similar supplies or services to two or more sources under this solicitation.

(End of Clause)

Section C - Description/Specification/Work Statement

STATEMENT OF WORK (SOW)

Title of Project: Communications Services and Support for Environmental Health Urgent and Emerging Issues

C.1 Background and Need The Center for Disease Control & Prevention (CDC), National Center for Environmental Health (NCEH), Agency for Toxic Substances and Disease Registry (ATSDR), Office of Communication (CDC NCEH/ATSDR OC) conducts communication activities in communities throughout the nation. The NCEH/ATSDR OC assists the Center’s scientists, investigators, and other division staff in communicating specific health and other site-related information to communities affected by hazardous substances. The OC uses a wide range of strategies and communication tools to reach community members, leaders, policy makers, and the news media with important messages.

ATSDR/NCEH specifically conducts health studies, assessments and investigations at hazardous waste sites in communities. These sites include Superfund and federal facility sites and other hazardous or potentially hazardous locations. Issues at such sites often arise suddenly in response to emerging science, news events or new information presented. As a result, ATSDR/NCEH has an urgent need to have in place response mechanisms to address public concerns arising from the events at ATSDR and events associated with NCEH issues.

The NCEH/ATSDR OC seeks a contractor to rapidly develop and execute integrated marketing services to meet its environmental health communication goals. Specialized communication expertise and experience in environmental health communication and risk communication are required. The contractor shall have the capacity to apply innovative and proven outreach techniques to reach diverse populations with environmental health information.

C.2 Project Objective

To procure health communications capacity to respond to both ongoing and sudden or emerging issues in environmental health. The contractor will develop strategy and products to reach targeted and diverse populations in short time frames.

C.3 Scope of Work

The Contractor shall provide all necessary personnel, labor, facilities, equipment, materials, supplies, supervision, and other incidentals to provide the required expertise to enhance the capacity of the NCEH/ATSDR OC to provide integrated marketing services, communication support, and produce and distribute communication materials on selected NCEH/ATSDR topics and issues. The contractor must have the expertise to deliver the requirements and tasks as detailed below in C.4.

C.4 Technical Requirements

The contractor shall have the demonstrated expertise to deliver the following products and support services. They include, but are not limited to:

Task Area 1 - Communications Planning

· Materials Review. The Contractor shall review existing materials and information on ATSDR/NCEH issues.

· Communications Plans. The Contractor shall develop plans (as required) detailing the strategy and tactics recommended for outreach to targeted populations. The plan shall cover strategic marketing, distribution of information, and evaluation based on an assessment of audience information-seeking behavior. All products and methods of distribution should maximize cost free solutions. The plan shall be presented in written form. The NCEH/ATSDR OC will review and approve all plans, protocols, and products before production.

Task Area 2 - Advertising and Public Relations

· Key Messages and Questions & Answers (Q&A). For example, contractor shall develop key messages for asbestos-related communication, reworking/tailoring core messages developed by NCEH/ATSDR health scientists.

· Letters, e-mails to target populations.

· Fact Sheets or Backgrounders based on content to be provided by NCEH/ATSDR OC.

· Cognitive testing of messages and products.

· News Releases or other Media Materials - Contractor shall assist with developing materials such as drafting press releases and media alerts, Q and A’s, and fact sheets for review and approval by OC and CIO staff. The contractor shall submit additional press materials as needed for clearance by times needed according to protocol.

· Media Distribution Planning and Media List. Consistent with communications priorities, the Contractor shall provide either simple media lists or detailed media distribution plans that include the rationale for targeted outreach. The contractor must have the ability to reach specific, diverse audiences with news information either “in-house” or through subcontractors.

· Matte News Release and Distribution.

· Audio News Releases.

· Specialized Outreach Products. As the contractor develops the communication plan, innovative outreach products or strategies should be considered and developed to reach diverse populations. When the contractor identifies mechanisms to be used to select segments of the population for the outreach program, the process must be reviewed to identify if the Privacy Act applies. Adequate administrative, operational, and technical security controls must be implemented to prevent unauthorized access to or disclosure of any personally identifiable information (PII) that will be accessed by the contractor. Electronic transfers of PII via Internet or portable media must utilize FIPS 140-2 compliant encryption.

· Press Events Logistics. Contractor shall provide logistical and technical support for press events, briefings (including teleconferences links for the media).

· Graphics, layout and design. The contractor shall provide support for advertising materials specified by the project officer (as required).

· Spokesperson Training. Contractor shall conduct a media training session to train approximately 5 spokespersons on key messages developed and techniques for delivering those messages.

· Social Media Services. To include, but not limited to the development, promotion, and maintenance of branded social media profiles, groups, and/or pages; monitoring of social media usage to surmise information being shared among users of various platforms; and determining the most viable platforms for use. These tasks will be done in accordance with CDC/ ATSDR-established guidelines and best practices for social media use.

· Web Design and Development. Contractor shall follow a standard development process to include: creating an outline (e.g. wireframe) for an informational, interactive Web site; content for the Web site as specified; potentially including such tools as a patient self-assessment instrument for the Web site; an e-card or similar outreach tool that can be accessed and easily used from the Web site. The Contractor shall produce broadcast-quality and Internet-compatible products from various sites in collaboration with CDC. Should a task include the development of an IT system, such as a web application that will be hosted in the CDC domain, then security language must be embedded in the task description. Standard language from the HHS Acquisition Regulations (HHSAR) shall be inserted into the task definition.

· Specialized Marketing Services. The contractor will provide marketing and communications training and team coaching to NCEH/ATSDR team members. The contractor will provide logistical support for up to two off-site meetings each year.

Task Area 3 - Evaluation Research and Monitoring

The contractor shall collect and analyze a range of evaluation data across channels as needed (mass media, Web, organizational channels, etc.) For example, to measure reach and frequency of placement of public health news, the Contractor shall undertake environmental scanning, conduct media analysis, provide monitoring or hire a specialized monitoring service to track placements and coverage. Contractor shall provide final report that shall include a summary of media monitoring activities, recommendations with comments/creative ideas for further outreach, and marketing/outreach data. Other tasks could include distributing news products to selected local media contacts for review and feedback, with feedback provided to CDC through a written summary of each media contact. Another example of evaluation would be to analyze Web traffic or referrals from different Web sites to NCEH/ATSDR on-line information.

Task Area 4 - Responding to Urgent and Emergent Issues The contractor shall be capable of responding to urgent and emergent issues that may require a “surge” in effort/resources. For the purpose of this IDIQ, “surge” is defined as an unusual or atypical event requiring immediate contractor response and may require additional personnel and resources until the urgent or emergent issue is successfully resolved. Historically, urgent / emergent issues requiring a surge effort occur approximately two (2) times per year, but may be more or less than the historical number for any given year.

Only activities within the scope of this statement of work are authorized. Accordingly, the contractor shall resolve any questions pertaining to “scope” with the contracting officer for a determination.

Should a surge effort be required, the project officer shall determine if there is adequate funding remaining in the year to meet surge requirements. If additional resources are necessary, the government will amend the contract to provide additional funding by creating a task order.

Surge support would include, but is not limited to:

· Developing communications and outreach plans;

· Conducting cognitive testing

· Selecting media and channels for communication;

· Message and material development;

· Spokesperson training;

· Coordinating with local communities and providing assistance;

· Identifying and recruiting partners;

· Facilitating health care networks and coalitions that address federal priorities;

· Providing a summary report; and

· Other tasks as appropriate.

C.5 Reporting Schedule

The contractor shall meet with the project officer within 15 days of contract award to discuss contract execution and specifics. Additional meetings may be scheduled at the discretion of the project officer to discuss contract requirements. The contractor shall provide the project officer with a monthly report to include accomplishments, upcoming activities, and a current budget summary of expenditures.

C.6 Special Considerations

Section 508 of the Rehabilitation Act (29 USC 794d)

Regardless of format, all electronic documents - including text, audio or video - must conform to applicable Section 508 standards to allow federal employees and members of the public with disabilities to access information that is comparable to information provided to persons without disabilities. All contractors (including subcontractors) or consultants responsible for preparing or posting content intended for use on an HHS-funded or HHS-managed Web site must comply with applicable Section 508 accessibility standards, and where applicable, those set forth in the referenced policy or standards documents below. Remediation of any materials that do not comply with the applicable provisions of 36 CFR Part 1194 as set forth in the SOW or PWS, shall be the responsibility of the contractor or consultant retained to produce the Web-suitable content or communications material.

The following Section 508 provisions apply to the content or communications material identified in this SOW or PWS:

36 CFR 1194.22, 1194.24, 1194.41

Documents must be in unlocked form. Acceptance checklists for various file formats are available at http://www.hhs.gov/web/508/index.html.

C.7 Government Furnished Property

None

C.8 References

None

C.9 Deliverables

Deliverables will vary with each Task Order.

Section D - Packaging And Marking There are no clauses/provisions included in this section.

Section E - Inspection And Acceptance E.1 FAR 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 the full text available. Also, the full text of a clause may be accessed electronically at this/these address(es).

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

FAR

SOURCE

CLAUSE TITLE

DATE

52.246-4

Inspection of Services -- Fixed-Price

(Aug 1996)

52.246-6

Inspection – Time-and –Material and Labor Hour

(May 2001)

E.2 Inspection and Acceptance (Jul 1999)

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 Contracting Officer’s Technical Representative (COTR) at the destination of the articles, services or documentation.

(End of Clause)

Section F - Deliveries Or Performance F.1 FAR 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 the full text available. Also, the full text of a clause may be accessed electronically at this/these address(es).

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

FAR

SOURCE

CLAUSE TITLE

DATE

52.242-15 Stop Work Order

AUG 1989

52.242-17 Government Delay of Work

APR 1984

52.247-34 F.O.B. Destination

Nov 1991

F.2 Period of Performance (Jul 1999)

a) The period of performance of the contract shall be as follows:

Base Year:

9/20/2011 thru 9/19/2012

Option Year 1: 9/20/2012 thru 9/19/2013

Option Year 2: 9/20/2013 thru 9/19/2014

Option Year 3: 9/20/2014 thru 9/19/2015

Option Year 4: 9/20/2015 thru 9/19/2016

b) Task Orders: The time for completion for each task order shall be determined under each individual task order. The delivery schedule shall be mutually agreed upon prior to the issuance of the task order. Task orders under this contract may be awarded by the Contracting Officer at any time within the contract period. The actual performance of the work may extend six (6) months beyond the contract period.

(End of Clause)

F.3 Place(s) of Performance (Jul 1999)

The Contractor shall perform all work under this contract as specified in the specific task order .

(End of Clause)

F.4 Place of Delivery (May 1998)

Deliveries shall be made F.O.B. Destination as specified in the specific task order.

(End of Clause) Section G - Contract Administration Data G.1 Contracting Officer Technical Representative (Jul 1999)

Performance of the work hereunder shall be subject to the technical directions of the designated Contracting Officer Technical Representative (COTR) for this contract.

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.

The Government 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.

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

(End of Clause)

G.2 Contracting Officer (Jul 1999)

(a) 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.

(b) 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.3 Evaluation of Contractor Performance (Service) (Jan 2000)

(a) 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.”

(b) Performance Evaluation Period

The Contractor's performance will be evaluated at least annually.

(c) Evaluators

The performance evaluation will be completed jointly by the COTR and the Contracting officer.

(d) Performance Evaluation Factors

The contractor's performance will be evaluated in accordance with the attachment listed in Section J entitled “Performance Evaluation Report”.

(e) 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.

(f) 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) 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.

(h) 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.

(i) 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.4 Personnel Rates Table (Jan 2000)

The “total loaded rates” (consisting of base salary, overhead, Fringe, G&A and profit rates) provided as attachment 2 will be utilized for submission of task order proposals during the entire contract period (including option periods). These fixed hourly rates must be used when preparing a proposal for submission to the Government. The rates will apply to both firm-fixed-price task orders and time and material task orders. Therefore, the offeoror should provide a separate table for the firm-fixed price rates and a separate table for the time and material rates. Proposed labor categories should only include "professional" labor anticipated to support the types of requirements described in the Scope of Work for the Basic contract (see Section 'C' of the solicitation).

(End of Clause)

G.5 Contract Communications/Correspondence (Jul 1999)

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.

(End of Clause)

G.6 Research Records, Inspection and Consultation (Jul 1999)

(a) The Contractor agrees to maintain books, records, and supporting documentation in such detail as will properly reflect all work done and results achieved in the performance of this contract, and agrees to retain and preserve the same until three (3) years after final payment, together with all research notes, charts, graphs, comments, computations, analysis, and other graphic or written data generated in connection with performance hereunder and agrees to permit the Contracting Officer or his authorized representatives to examine and review the same at all reasonable times during said period.

(b) The Contracting Officer or any of his authorized representatives shall have the right to inspect the work of the Contractor and subcontractors, if any, and the plant, laboratories, shops, offices, or other premises where the work is being performed, and the Contractor shall provide and shall require his subcontractors to provide all reasonable facilities and assistance for the safety and convenience of such representatives in the performance of their duties. Personnel engaged in the performance of the contract shall be available at all reasonable times for consultation with such representatives. All inspections and review shall be performed in such a manner as will not unduly delay or interfere with the work.

(End of Clause)

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

(a) 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.

(b) In addition to Central Contractor Registration, the contractor shall make the designation by submitting the form entitled “ACH Vendor/Miscellaneous Payment Enrollment Form” (attachment 4) to the address indicated below. Note: The form can either be found attached in Section J of this contract or a copy may be obtained by contacting the Contracting Officer or the CDC Financial Management Office at (404) 498-4050.

(c) 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.

(d) 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 Voucher/Invoice Submission – Fixed Price Contracts (Mar 2006)

(a) Contractor voucher requests for reimbursement shall conform to the form, format, and content requirements of the Billing Instructions for Fixed Price Type Contracts, may be supplemented by specific instructions of the Contracting Officer.

(b) The Contractor shall submit the contract invoice/voucher to the email addresses shown below:

Financial Management Office (FMO): FMOAPINV@CDC.GOV Contracting Specialist: Robert Reynolds at VIO9@CDC.GOV

COTR: To Be Determined (TBD)

(c) The contractor shall submit copies of the invoice/voucher or progress payment to the cognizant contracting office previously identified in this contract. These invoices/voucher copies shall be addressed to the attention of the Contracting Officer.

(d) The Contractor is required to provide a copy of each voucher requests for reimbursement to the COTR.

(e) 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.

(f) 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 above

(13) DUNS + 4 Number

(g) Submit a separate invoice for each task order.

(End of Clause)

G.9 Payment (Performance-Based Services) (Jul 1999)

(a) General

It is the objective of the Government to obtain complete and satisfactory performance in accordance with the terms of the specifications and requirements of this contract. The procedures set forth in the clause entitled Criteria for Deductions will be used by the Government in determining monetary deductions for nonperformance of work under this contract, or for deficiencies in the performance of work, and supplements the Inspection of Services clause contained in Section E of this contract.

(b) Adjusting Payments

(1) Under the Inspection of Services clause of this contract, payments may be adjusted if any service does not conform with contract requirements. The Contracting Officer or a designated representative will inform the Contractor, in writing, of the type and dollar amount of proposed deductions by the l0th workday of the month following the performance period for which the deductions are to be made.

(2) The Contractor may, within 10 working days of receipt of the notification of the proposed deduction, present to the Contracting officer specific reasons why any or all of the proposed deductions are not justified. Reasons must be solidly based and must provide specific facts that justify reconsideration and/or adjustment of the amount to be deducted. Failure to respond within the 10 day period will be interpreted to mean that the Contractor accepts the deductions proposed.

(3) All or a portion of the final payment may be delayed or withheld until the Contracting Officer makes a final decision on the proposed deduction. If the Contracting Officer determines that any or all of the proposed deductions are warranted, the Contracting officer shall so notify the Contractor, and adjust payments under the contract accordingly.

(End of Clause)

Section H - Special Contract Requirements H.1 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.2 Smoke Free Environment (Jul 1999)

CDC0_H022 Smoke Free Working Environment (May 2009)

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.

(End of Clause)

H.3 Privacy Act (Sep 2009)

CDC0_H045 Privacy Act

(a) 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=%2Findex.tpl.

(b) The Contracting Officer Technical Representative is hereby designated as the official who is responsible for monitoring contractor compliance with the Privacy Act.

(c) The Contractor shall follow the Privacy Act guidance as contained in the Privacy Act system notice provided in individual task orders, as applicable.

(End of Clause)

H.4 Addition Or Substitution Of Personnel

(a) A requirement of this contract is to maintain stability of personnel proposed in order to provide quality supplies. The Contractor shall assign only those personnel whose resumes were approved for each task order who are necessary to fulfill the requirements of the effort. The Contractor shall assign to any effort requiring non-key personnel only personnel who meet or exceed the applicable labor category descriptions.

(b) In the award of this contract, the government may not have accepted all key personnel submitted by the contractor. If 100% of the proposed personnel are not acceptable, then the contractor shall, within 14 days of the award date of the contract, provide the resumes of proposed substitute personnel along with information regarding the full financial impact of the change.

(c) No key personnel substitutions or additions will be made unless necessitated by compelling reasons including, but not limited to, an individual’s illness, death, termination of employment, declining an offer of employment (for those individuals proposed as contingent hires), or maternity leave. In such an event, the Contractor shall promptly provide the information required by paragraph (d) below to the Contracting Officer for approval prior to the substitution or addition of key personnel. Proposed substitutions of key personnel shall meet or exceed the qualifications of personnel for whom they are proposed to replace. Fully compliant requests for substitutions or additions shall be submitted, in writing, to the Contracting Officer for approval at least fifteen working days in advance of the proposed change.

(d) Requests for key personnel changes shall provide a detailed explanation of the circumstances necessitating the proposed substitutions or additions, a complete resume of the proposed change in accordance with Section I, information regarding the full financial impact of the change, and any other information requested by the Contracting Officer.

(e) Any addition or substitution of key personnel made pursuant to this clause shall result in no increase in the fully burdened hourly rate for the subject category set forth in Section B. However, such rates may be subject to downward negotiation if the addition or substitution results in a decrease to the rate for the category in which the substitution was made.

(f) Noncompliance with the provisions of this clause will be considered a material breach of the terms and conditions of the contract for which the Government may seek any and all appropriate remedies including Termination for Default pursuant to the Termination clause.

(g) Any additions or substitutions which are approved by the government will be approved in writing by the Contracting Officer and the contract modified annually to reflect the changes.

The key personnel cited below are considered essential to the work performed under the contract

Note: The above clause may be used in task orders as applicable.

H.5 Supervision Of Employees

The Contractor’s employees shall remain under the Contractor’s direct supervision at all times. Although the Government will coordinate directions within the scope of the contract, detailed instructions for Contractor employees and supervision of individual workers shall remain the responsibility of the Contractor.

(End of clause)

H.6 Representations, Certifications and Other Statements of Offerors (Jul 1999)

The Representations, Certifications and Other Statements of Offerors submitted by ORCA are hereby incorporated by reference, with the same force and effect as if they were given in full text.

H.7 Agency Ombudsman (Nov 2008)

Awardees under the multiple award contract scenario do not have the right to file a formal protest in connection with the issuance or proposed issuance of task orders under this contract (except protests based upon an alleged increase in scope, period of performance, or maximum value of the contract). In accordance with FAR 16.505(b)(6), CDC has designated an agency Contract Ombudsman who is responsible for reviewing the complaints from contractors on the task order process, in lieu of protests. The Ombudsman’s responsibility is to review complaints and ensure that all contractors are afforded a fair opportunity to be considered, consistent with procedures in the contract. The Contract Ombudsman is independent of the contracting office. The process for handling complaints under the Ombudsman are as follows:

(a) The written complaint shall be sent to:

Centers for Disease Control and Prevention

Attn: Crayton Lankford, Agency Ombudsman 1600 Clifton Rd, NE

Bldg 21, Rm 12018 M/S D14 Atlanta, GA 30329

Telephone: 404-639-7022 Facsimile: 404-639-7212 Email: CLankford@cdc.gov Complaints shall be submitted to the Agency Ombudsman within 10 days after notification of a competitive task order award or of a briefing whichever is later.

(b) The Ombudsman will contact the complainant by phone, to assure full understanding of the issues raised in the protest. This contact will be made within 2 business days of the receipt of the protests by the Ombudsman. Since there is only one individual serving as the agency Task/Delivery Order Ombudsman, there may be protests received when the Ombudsman is in a travel or leave status. In that instance, the Ombudsman will begin action on the complaint immediately upon return to the office.

(c) The Ombudsman will interview the Contract Specialist involved in the disputed Task Order Request for Proposal (RFP) and the award. The Ombudsman will review the files of the RFP and award files, contract provisions, post award conference materials, and relevant Comptroller General decisions, if necessary.

(d) Within 3 working days of completion of the review of the interviews, the Ombudsman will contact the contractor filing the complaint to explain the findings.

(e) The Ombudsman will also convey the findings to the contractor in writing, with copies to the Director of the Procurement and Grants Office (PGO), the Associate Director of Management and Operations, and the contracting personnel involved in the RFP process.

(f) The Ombudsman will retain a file for the complaints received to be reviewed once per year to determine if any patterns or issues emerge which should be addressed by the Director of PGO.

(End of Clause)

H.8 Authorized Changes Only By The Contracting Officer

(a) Except as specified in paragraph (b) below, no order, statement, or conduct of Government personnel who visit the Contractor's facilities or in any other manner communicates with Contractor personnel during the performance of this contract shall constitute a change under the "Changes" clause of this contract.

(b) The Contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and signed by the Contracting Officer, or is pursuant to specific authority otherwise included as a part of this contract.

(c) The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract and notwithstanding provisions contained elsewhere in this contract, the said authority remains solely the Contracting Officer's. In the event the contractor effects any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in charges incurred as a result thereof. The address and telephone number of the Contracting Officer is:

Name:

Ms. Vallerie Redd Address:

Centers for Disease Control and Prevention

ATTN: Ms. Valerie Redd

2920 Brandywine Road

Atlanta, GA 30341

Telephone:

(770) 488-2845 (End of Clause)

H.9 Non-Personal Services

(a) As stated in the Office of Federal Procurement Policy Letter 92-1, dated September 23, 1992, Inherently Governmental Functions, no personal services shall be performed under this contract. No Contractor employee will be directly supervised by the Government. All individual employee assignments, and daily work direction, shall be given by the applicable employee supervisor. If the Contractor believes any Government action or communication has been given that would create a personal services relationship between the Government and any Contractor employee, the Contractor shall promptly notify the Contracting Officer of this communication or action.

(b) The Contractor shall not perform any inherently governmental actions under this contract. No Contractor employee shall hold him or herself out to be a Government employee, agent, or representative. No Contractor employee shall state orally or in writing at any time that he or she is acting on behalf of the Government. In all communications with third parties in connection with this contract, Contractor employees shall identify themselves as Contractor employees and specify the name of the company for which they work. In all communications with other Government contractors in connection with this contract, the Contractor employee shall state that they have no authority to in any way change the contract and that if the other contractor believes this communication to be a direction to change their contract, they should notify the Contracting Officer for that contract and not carry out the direction until a clarification has been issued by the Contracting Officer.

(c) The Contractor shall insure that all of its employees and subcontractor employees working on this contract are informed of the substance of this clause. Nothing in this clause shall limit the Government's rights in any way under any other provision of the contract, including those related to the Government's right to inspect and accept the services to be performed under this contract. The substance of this clause shall be included in all subcontracts at any tier.

H.10 Dissemination of Information (May 1998)

No information related to data obtained under this contract shall be released or publicized without the prior written consent of the COTR.

All collected data under Task Orders are intended for dissemination at the discretion of CDC. The requirements for Federal Government approval prior to disclosure of information pertain. The Contractor agrees not to release or disclose, verbally or in writing, information pertaining to the results or findings of work (including study design, evaluation plan, or draft or final papers and reports prepared) for the period of the contract without obtaining prior written approval of the Contracting Officer and Technical…