Solicitation No. 2011-N-13520 CDA.doc

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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-13520

6. SOLICITATION

ISSUE DATE

08/15/2011

7. FOR SOLICITATION INFORMATION CALL:
a. NAME

Berta Biltz

b. TELEPHONE NUMBER (No collect calls)

(770) 488-2643

8. OFFER DUE DATE/

LOCAL TIME

09/09/2011

9. ISSUED BY
CODE
2538
10. THIS ACQUISITION IS

12. DISCOUNT TERMS

FORMTEXT

Centers for Disease Control and Prevention (PGO)

Acquisition & Assistance Branch B

2920 Brandywine Road

Atlanta, GA 30341-5539

X SET ASIDE: 100 % FOR

X SMALL BUSINESS

SIC: 541519

SIZE STANDARD: $25 Million

X SEE SCHEDULE

UNDER DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

X

IFB

FORMTEXT

RFQ

RFP

15. DELIVER TO
CODE
16. ADMINISTERED BY
CODE
2538

Centers for Disease Control and Prevention (PGO)

Acquisition & Assistance Branch B

2920 Brandywine Road

Atlanta, GA 30341-5539

CODE

18a. PAYMENT WILL BE MADE BY
CODE
434

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

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

28.

CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

29.

AWARD OF CONTRACT: REFERENCE

DATED

30a. SIGNATURE OF OFFEROR/CONTRACTOR
31a. UNITED STATES OF AMERICA (Signature of Contracting Officer)

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

30c. DATE SIGNED

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

31c. DATE SIGNED

32a. QUANTITY IN COLUMN 21 HAS BEEN
33. SHIP NUMBER
34. VOUCHER NUMBER

FORMTEXT

RECEIVED

36. PAYMENT
37. CHECK NUMBER

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
Document/Clause/Provision
Page No.
A
Standard Form 1449
1
B
Continuation of SF1449 (Block 19 – 24)
2
C
Contract Clauses
4
D
Contract Documents, Exhibits or Attachments
15
E
Solicitation Provisions
18

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

The following table includes the description of the tasks the contractor can expect to receive under the individual TASK ORDERS to be placed against the BPA:

ITEM
SUPPLIES / SERVICES
0001
HL7 Implementation Guidance Development and Maintenance

Provide support in the continued expansion and enhancement of the existing Healthcare Associated Infection (HAI) implementation Guidance

0002
Vocabulary Development and Maintenance

Provide full time resources for the development and eminence for all NHSN vocabulary needs.

0003
Helpdesk services

Provide helpdesk support for NHSN development team and vendors implementing CDA for NHSN.

0004
Business Process Analysis Services

Provide consultation to NHSN program for improving business processes for the NHSN’s team in supporting documentation, distribution and tracking of vocabulary, Information Data Model, implementation guides, sample files and Schematron validation tools.

0005
Reporting

Provide status reports, meetings, agenda etc.

NOTES:

1.0 Type of Contract

This would be an Indefinite Delivery/Indefinite Quantity (ID/IQ) type contract. Task Orders will be placed against the contract on the basis of Time and Materials (T&M), Firm-Fixed Price (FFP), or both.

2.0 Minimum Guaranteed Amount

The minimum and maximum total aggregate amounts the contractor can expect to be awarded under the resulting ID/IQ Contract are as follows:

Minimum order limitation = $100,000

Maximum order limitation = $7,500,000

2.0 Payment

Payment may be made on the basis of Time and Materials (T&M) in accordance with Clause 52.232-7. Payment may also be made on the basis of Firm-Fixed Price (FFP). A combination of FFP and T&M may also be included in the individual Task Orders. When submitting the request for payment under T&M, the contractor shall show the actual level of effort spent in a given period of time for the execution of each task/subtask/deliverable under the task order. Payments under FFP are normally made after completion, delivery and acceptance by the CDC of specific deliverables/tasks/subtasks identified in the resulting Task Order.

3.0 Travel

Travel is considered “Material” for the purpose of T&M type contracts (see Payment under T&M above) and is to be performed in accordance with Federal Travel Regulations and/or the Joint Travel Regulation. The contractor may be required to submit evidence supporting any claim for travel related expenses. For additional information on the Federal Travel Regulations, see http://www.access.gpo.gov/nara/cfr/waisidx_99/41cfr300-1_99.html.

SECTION C - CONTRACT CLAUSES

C.1 FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (Apr 2011)

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

(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

FORMCHECKBOX

Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78) (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

FORMCHECKBOX

(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

FORMCHECKBOX

(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter

1 (41 U.S.C. 251 note)).

FORMCHECKBOX

(3) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

FORMCHECKBOX

(4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUL 2010) (Pub. L. 109-

282) (31 U.S.C. 6101 note).

FORMCHECKBOX

(5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (MAR 2009) (Pub. L. 111-5).

FORMCHECKBOX

(6) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (DEC 2010) (31 U.S.C. 6101 note). (Applies to contracts over $30,000). (Not applicable to subcontracts for the acquisition of commercially available off-the-shelf items).

FORMCHECKBOX

(7)52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a).

FORMCHECKBOX

(8) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (July 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

FORMCHECKBOX

(9) [Reserved]

FORMCHECKBOX

(10)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644).

FORMCHECKBOX

(ii) Alternate I (Oct 1995) of 52.219-6.

FORMCHECKBOX

(iii) Alternate II (Mar 2004) of 52.219-6.

FORMCHECKBOX

(11)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

FORMCHECKBOX

(ii) Alternate I (Oct 1995) of 52.219-7.

FORMCHECKBOX

(iii) Alternate II (Mar 2004) of 52.219-7.

FORMCHECKBOX

(12) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C. 637(d)(2) and (3)).

FORMCHECKBOX

(13)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2010) (15 U.S.C. 637(d)(4)).

FORMCHECKBOX

(ii) Alternate I (Oct 2001) of 52.219-9.

FORMCHECKBOX

(iii) Alternate II (Oct 2001) of 52.219-9.

FORMCHECKBOX

(iv) Alternate III (July 2010) of 52.219-9.

FORMCHECKBOX

(14) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).

FORMCHECKBOX

(15) 52.219-16, Liquidated Damages – Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

FORMCHECKBOX

(16)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

FORMCHECKBOX

(ii) Alternate I (June 2003) of 52.219-23.

FORMCHECKBOX

(17) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

FORMCHECKBOX

(18) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323)..

FORMCHECKBOX

(19) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 637f).

FORMCHECKBOX

(20) 52.219-28, Post Award Small Business Program Representation (August 2009) (15 U.S.C. 632(a)(2)).

FORMCHECKBOX

(21) 52.219-29 Notice of Total Set-Aside for Economically Disadvantaged Women-Owned Small Business

(EDWOSB) Concerns (APR 2011).

FORMCHECKBOX

(22) 52.219-30 Notice of Total Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible

Under the WOSB Program (APR 2011).

FORMCHECKBOX

(23) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

FORMCHECKBOX

(24) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2008) (E.O. 13126).

FORMCHECKBOX

(25) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

FORMCHECKBOX

(26) 52.222-26, Equal Opportunity (Apr 2002) (E.O. 11246).

FORMCHECKBOX

(27) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2010) (38 U.S.C. 4212).

FORMCHECKBOX

(28) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

FORMCHECKBOX

(29) 52.222-37, Employment Reports on Veterans (Sept 2010) (38 U.S.C. 4212).

FORMCHECKBOX

(30) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.

13496).

FORMCHECKBOX

(31) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

FORMCHECKBOX

(32)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)).

FORMCHECKBOX

(ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)).

FORMCHECKBOX

(33) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

FORMCHECKBOX

(34)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products

(Dec 2007) (E.O. 13423).

FORMCHECKBOX

(ii) Alternate I (Dec 2007) of 52.223-16.

FORMCHECKBOX

(35) 52.223-18, Contractor Policy to Ban Text Messaging While Driving (SEP 2010) (E.O. 13513).

FORMCHECKBOX

(36) 52.225-1, Buy American Act—Supplies (June 2003) (41 U.S.C. 10a-10d).

FORMCHECKBOX

(37)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (JUNE 2009) (41 U.S.C. 10a-

10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110-138).

FORMCHECKBOX

(ii) Alternate I (JAN 2004) of 52.225-3.

FORMCHECKBOX

(iii) Alternate II (JAN 2004) of 52.225-3.

FORMCHECKBOX

(38) 52.225-5, Trade Agreements (August 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

FORMCHECKBOX

(39) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

FORMCHECKBOX

(40) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

FORMCHECKBOX

(41) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

FORMCHECKBOX

(42) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

FORMCHECKBOX

(43) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

FORMCHECKBOX

(44) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).

FORMCHECKBOX

(45) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

FORMCHECKBOX

(46) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).

FORMCHECKBOX

(47) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

FORMCHECKBOX

(48)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

FORMCHECKBOX

(ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

FORMCHECKBOX

(1) 52.222-41, Service Contract Act of 1965, as Amended (Nov 2007) (41 U.S.C. 351, et seq.).

FORMCHECKBOX

(2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

FORMCHECKBOX

(3) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option Contracts) (Nov 2006) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

FORMCHECKBOX

(4) 52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Feb 2002) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

FORMCHECKBOX

(5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

FORMCHECKBOX

(6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

FORMCHECKBOX

(7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAR 2009) (Pub. L. 110-247).

FORMCHECKBOX

(8) 52.237-11, Accepting and Dispensing of $1 Coin (Aug 2007) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in paragraphs (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Section 1553 of Pub. L. 111-5). Applies to subcontracts funded under the Act.

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (Sept 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(ix) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

FORMCHECKBOX

Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

(xii) 52.222-54, Employment Eligibility Verification (Jan 2009).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAR 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

C.2 FAR 52.212-5 Alternate I Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items - Alternate I (Feb 2000)

As prescribed in 12.301(b)(4), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to “paragraphs (a), (b), (c), or (d) of this clause” in the redesignated paragraph (d) to read “paragraphs (a), (b), and (c) of this clause”.

(End of Alternate)

C.3 The following FAR Clause is included by reference and can be found in full text at: http://farsite.hill.af.mil/farsite.html:

FAR SOURCE
TITLE AND DATE
52.212-4
Contract Terms and Conditions - Commercial Items (Jun 2010)
52.212-4 Alternate I
Contract Terms and Conditions -- Commercial Items - Alternate I (Oct 2008)

C.4 The following CDC Clauses will also apply to this contract and subsequently to all task orders placed against it:

C.4.1 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 (COTR) is the designated official responsible for monitoring contractor’s compliance with the Privacy Act.

(c) The Contractor shall follow the Privacy Act guidance as contained in the Privacy Act system notice as provided in the following link: http://www.cdc.gov/privacyrule/.

C.4.2 Data Rights (If applicable): The Government has unlimited rights to all documents/material produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the contractor without written permission from the Contracting Officer. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

C.4.3 Confidentiality of Information: Work on this project may require that personnel have access to Privacy Information. Personnel shall adhere to the Privacy act, Title 5 of the U.S. Code, Section 552a and applicable agency rules and regulations. The user agency will identify and provide direction and guidance for safeguarding all information subject to the Privacy Act. Reports and case files containing individual personal information are confidential. The CDC is not authorized to release individual case reports, and access to individual case data is strictly controlled. The contractor personnel are required to work with case records as well as databases. It is a requirement that the data remain in a controlled access environment.

C.4.5 Section 508: Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d) helps to ensure that federal employees with disabilities have access to, and use of, the information and data they need to do their jobs. Furthermore, this law ensures that members of the public with disabilities have the ability to access government information and services.

Regardless of format, all Web content or communications materials produced for publication on or delivery via CDC Web sites - 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 subcontractors1) or consultants responsible for preparing or posting content intended for use on a CDC-funded or CDC-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. Checklists for various file formats are available at http://www.hhs.gov/web/508/index.html.

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

36 CFR 1194.21 (for software and programmatic elements in websites), 36 CFR 1194.22 (for documents and websites), and 36 CFR 1194.24 (for video and multimedia content)

References:

HHS Policy for Section 508 Electronic and Information Technology (E&IT) (January 2005): http://www.hhs.gov/od/Final_Section_508_Policy.html HHS Section 508 Web site: http://508.hhs.gov/ HHS ASPA Web Communications Division Web site: http://www.hhs.gov/web/policies/index.html US General Services Administration (GSA) Section 508 Web site: http://www.section508.gov/index.cfm

1 Prime contractors may enter into subcontracts in the performance of a Federal contract, but the prime remains obligated to deliver what is called for under the contract.

C.4.6 352.239-70 Standard for Security Configurations (January 2010)

(a) The Contractor shall configure its computers that contain HHS data with the applicable Federal Desktop Core Configuration (FDCC) (see http://nvd.nist.gov/fdcc/index.cfm) and ensure that its computers have and maintain the latest operating system patch level and anti-virus software level. (Note: FDCC is applicable to all computing systems using Windows XP™ and Windows Vista™, including desktops and laptops—regardless of function—but not including servers.)

(b) The Contractor shall apply approved security configurations to information technology (IT) that is used to process information on behalf of HHS. The following security configuration requirements apply:

(NOTE: The Contracting Officer shall specify applicable security configuration requirements in solicitations and contracts based on information provided by the Project Officer, who shall consult with the OPDIV/STAFFDIV Chief Information Security Officer.)

(c) The Contractor shall ensure IT applications operated on behalf of HHS 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 – see http://scap.nist.gov/validation/. 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 products meet the latest FDCC major version and subsequent major versions.

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

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

(f) The Contractor shall (1) include Federal Information Processing Standard (FIPS) 201-compliant (see http://csrc.nist.gov/publications/fips/fips201-1/FIPS-201-1-chng1.pdf), Homeland Security Presidential Directive 12 (HSPD-12) card readers with the purchase of servers, desktops, and laptops; and (2) comply with FAR Subpart 4.13, Personal Identity Verification.

(g) The Contractor shall ensure that its subcontractors (at all tiers) which perform work under this contract comply with the requirements contained in this clause.

(End of clause)

C.4.7 352.239-71 Standard for Encryption Language (January 2010)

(a) The Contractor shall use Federal Information Processing Standard (FIPS) 140-2-(PDF) compliant encryption (Security Requirements for Cryptographic Module, as amended) to protect all instances of HHS sensitive information during storage and transmission. (Note: The Government has determined that HHS information under this contract is considered “sensitive” in accordance with FIPS 199, Standards for Security Categorization of Federal Information and Information Systems, dated February 2004.)

(b) The Contractor shall verify that the selected encryption product has been validated under the Cryptographic Module Validation Program (see 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 the Contracting Officer and the Contracting Officer’s Technical Representative.

(c) The Contractor shall use the Key Management Key (see FIPS 201, Chapter 4, as amended) 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 (see http://csrc.nist.gov/drivers/documents/ombencryption-guidance.pdf). The Contractor shall notify the Contracting Officer and the Contracting Officer’s Technical Representative of personnel authorized to decrypt and recover all encrypted information.

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

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

(f) The Contractor shall ensure that its subcontractors (at all tiers) which perform work under this contract comply with the requirements contained in this clause.

(End of clause) C.4.8 352.239-72 Security requirements for federal information technology resources. (January 2010)

(a) Applicability. This clause applies whether the entire contract or order (hereafter “contract”), or portion thereof, includes information technology resources or services in which the Contractor has physical or logical (electronic) access to, or operates a Department of Health and Human Services (HHS) system containing, information that directly supports HHS’ mission. The term “information technology (IT)”, as used in this clause, includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services) and related resources. This clause does not apply to national security systems as defined in FISMA.

(b) Contractor responsibilities. The Contractor is responsible for the following:

(1) Protecting federal information and federal information systems in order to ensure their—

(i) Integrity, which means guarding against improper information modification or destruction, and includes ensuring information non-repudiation and authenticity;

(ii) Confidentiality, which means preserving authorized restrictions on access and disclosure, including means for protecting personal privacy and proprietary information; and.

(iii) Availability, which means ensuring timely and reliable access to and use of information.

(2) Providing security of any Contractor systems, and information contained therein, connected to an HHS network or operated by the Contractor, regardless of location, on behalf of HHS.

(3) Adopting, and implementing, at a minimum, the policies, procedures, controls, and standards of the HHS Information Security Program to ensure the integrity, confidentiality, and availability of federal information and federal information systems for which the Contractor is responsible under this contract or to which it may otherwise have access under this contract. The HHS Information Security Program is outlined in the HHS Information Security Program Policy, which is available on the HHS Office of the Chief Information Officer’s (OCIO) website.

(c) Contractor security deliverables. In accordance with the timeframes specified, the Contractor shall prepare and submit the following security documents to the Contracting Officer for review, comment, and acceptance:

(1) IT Security Plan (IT-SP) – due within 30 days after contract award. The IT-SP shall be consistent with, and further detail the approach to, IT security contained in the Contractor’s bid or proposal that resulted in the award of this contract. The IT-SP shall describe the processes and procedures that the Contractor will follow to ensure appropriate security of IT resources that are developed, processed, or used under this contract. If the IT-SP only applies to a portion of the contract, the Contractor shall specify those parts of the contract to which the IT-SP applies.

(i) The Contractor’s IT-SP shall comply with applicable federal laws that include, but are not limited to, the Federal Information Security Management Act (FISMA) of 2002 (PDF) (Title III of the E-Government Act of 2002, Public Law 107-347), and the following federal and HHS policies and procedures:

(A) Office of Management and Budget (OMB) Circular A-130, Management of Federal Information Resources, Appendix III, Security of Federal Automated Information Resources.

(B) National Institute of Standards and Technology (NIST) Special Publication (SP) 800-18 (PDF), Guide for Developing Security Plans for Federal Information Systems, in form and content, and with any pertinent contract Statement of Work/Performance Work Statement (SOW/PWS) requirements. The IT-SP shall identify and document appropriate IT security controls consistent with the sensitivity of the information and the requirements of Federal Information Processing Standard (FIPS) 200, Recommended Security Controls for Federal Information Systems. The Contractor shall review and update the IT-SP in accordance with NIST SP 800-26, Security Self-Assessment Guide for Information Technology Systems and FIPS 200, on an annual basis.

(C) HHS-OCIO Information Systems Security and Privacy Policy.

(ii) After resolution of any comments provided by the Government on the draft IT-SP, the Contracting Officer shall accept the IT-SP and incorporate the Contractor’s final version into the contract for Contractor implementation and maintenance. On an annual basis, the Contractor shall provide to the Contracting Officer verification that the IT-SP remains valid.

(2) IT Risk Assessment (IT-RA) – due within 30 days after contract award. The IT-RA shall be consistent, in form and content, with NIST SP 800-30, Risk Management Guide for Information Technology Systems, and any additions or augmentations described in the HHS-OCIO Information Systems Security and Privacy Policy. After resolution of any comments provided by the Government on the draft IT-RA, the Contracting Officer shall accept the IT-RA and incorporate the Contractor’s final version into the contract for Contractor implementation and maintenance. The Contractor shall update the IT-RA on an annual basis.

(3) FIPS 199 Standards for Security Categorization of Federal Information and Information Systems Assessment (FIPS 199 Assessment) – due within 30 days after contract award. The FIPS 199 Assessment shall be consistent with the cited NIST standard. After resolution of any comments by the Government on the draft FIPS 199 Assessment, the Contracting Officer shall accept the FIPS 199 Assessment and incorporate the Contractor’s final version into the contract.

(4) IT Security Certification and Accreditation (IT-SC&A) – due within 3 months after contract award. The Contractor shall submit written proof to the Contracting Officer that an IT-SC&A was performed for applicable information systems – see paragraph (a) of this clause. The Contractor shall perform the IT-SC&A in accordance with the HHS Chief Information Security Officer’s Certification and Accreditation Checklist; NIST SP 800-37, Guide for the Security Certification and Accreditation of Federal Information Systems; and NIST SP 800-53, Recommended Security Controls for Federal Information Systems. An authorized senior management official shall sign the draft IT-SC&A and provide it to the Contracting Officer for review, comment, and acceptance.

(i) After resolution of any comments provided by the Government on the draft IT-SC&A, the Contracting Officer shall accept the IT-SC&A and incorporate the Contractor’s final version into the contract as a compliance requirement.

(ii) The Contractor shall also perform an annual security control assessment and provide to the Contracting Officer verification that the IT-SC&A remains valid. Evidence of a valid system accreditation includes written results of (A) annual testing of the system contingency plan and (B) the performance of security control testing and evaluation.

(d) Personal identity verification. The Contractor shall identify its employees with access to systems operated by the Contractor for HHS or connected to HHS systems and networks. The Contracting Officer’s Technical Representative (COTR) shall identify, for those identified employees, position sensitivity levels that are commensurate with the responsibilities and risks associated with their assigned positions. The Contractor shall comply with the HSPD-12 requirements contained in “HHS-Controlled Facilities and Information Systems Security” requirements specified in the SOW/PWS of this contract.

(e) Contractor and subcontractor employee training. The Contractor shall ensure that its employees, and those of its subcontractors, performing under this contract complete HHS-furnished initial and refresher security and privacy education and awareness training before being granted access to systems operated by the Contractor on behalf of HHS or access to HHS systems and networks. The Contractor shall provide documentation to the COTR evidencing that Contractor employees have completed the required training.

(f) Government access for IT inspection. The Contractor shall afford the Government access to the Contractor’s and subcontractors’ facilities, installations, operations, documentation, databases, and personnel used in performance of this contract to the extent required to carry out a program of IT inspection (to include vulnerability testing), investigation, and audit to safeguard against threats and hazards to the integrity, confidentiality, and availability, of HHS data or to the protection of information systems operated on behalf of HHS.

(g) Subcontracts. The Contractor shall incorporate the substance of this clause in all subcontracts that require protection of federal information and federal information systems as described in paragraph (a) of this clause, including those subcontracts that—

(1) Have physical or electronic access to HHS' computer systems, networks, or IT infrastructure; or

(2) Use information systems to generate, store, process, or exchange data with HHS or on behalf of HHS, regardless of whether the data resides on a HHS or the Contractor's information system.

(h) Contractor employment notice. The Contractor shall immediately notify the Contracting Officer when an employee either begins or terminates employment (or is no longer assigned to the HHS project under this contract), if that employee has, or had, access to HHS information systems or data.

(i) Document information. The Contractor shall contact the Contracting Officer for any documents, information, or forms necessary to comply with the requirements of this clause.

(j) Contractor responsibilities upon physical completion of the contract. The Contractor shall return all HHS information and IT resources provided to the Contractor during contract performance and certify that all HHS information has been purged from Contractor-owned systems used in contract performance .

(k) Failure to comply. Failure on the part of the Contractor or its subcontractors to comply with the terms of this clause shall be grounds for the Contracting Officer to terminate this contract.

(End of clause)

C.4.9 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving.

(a) Definitions. As used in this clause—

“Driving”–

(1) Means operating a motor vehicle on an active roadway with the motor running, including while temporarily stationary because of traffic, a traffic light, stop sign, or otherwise.

(2) Does not include operating a motor vehicle with or without the motor running when one has pulled over to the side of, or off, an active roadway and has halted in a location where one can safely remain stationary.

“Text messaging” means reading from or entering data into any handheld or other electronic device, including for the purpose of short message service texting, e-mailing, instant messaging, obtaining navigational information, or engaging in any other form of electronic data retrieval or electronic data communication. The term does not include glancing at or listening to a navigational device that is secured in a commercially designed holder affixed to the vehicle, provided that the destination and route are programmed into the device either before driving or while stopped in a location off the roadway where it is safe and legal to park.

(b) This clause implements Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving, dated October 1, 2009.

(c) The Contractor is encouraged to—

(1) Adopt and enforce policies that ban text messaging while driving—

(i) Company-owned or -rented vehicles or Government-owned vehicles; or

(ii) Privately-owned vehicles when on official Government business or when performing any work for or on behalf of the Government.

(2) Conduct initiatives in a manner commensurate with the size of the business, such as—

(i) Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and

(ii) Education, awareness, and other outreach to employees about the safety risks associated with texting while driving.

(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts that exceed the micro-purchase threshold.

(End of clause)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS OR ATTACHMENTS

I.

STATEMENT OF WORK FOR CLINICAL DOCUMENTATION ARQUITECTURE (CDA) ID/IQ CONTRACT

SECTION 1.0

GENERAL

1.1 BACKGROUND

The National Healthcare Safety Network (NHSN) is a web-based information system designed for the purpose of improving patient and healthcare personnel safety. The principal goal of the NHSN is to improve safety by creating and disseminating knowledge necessary to detect and respond to current and emerging healthcare safety threats. The public health importance of healthcare-associated infections (HAIs) has prompted an increasing number of States to enact laws requiring hospitals to report HAI data to the health department or another State agency. In 24 States that have enacted mandatory reporting requirements as of June 2011, state statutes or implementation plans call for hospitals to report HAI data to the health department or another State agency using the NHSN. The number of healthcare facilities participating in NHSN has more than tripled since then, primarily because of the increasing use of NHSN by States in their implementations of HAI public reporting mandates. A substantial additional increase in NHSN participation is anticipated as more States enact mandatory reporting requirements and opt to use NHSN to implement their new mandates. In addition, the Centers for Medicare/Medicaid’s use of NHSN for the IPPS reporting of Central-line Association Bloodstream and Surgical Site Infection events.

1.2 SCOPE

Clinical Document Architecture (CDA) is a Health Level 7 (HL7) standard which provides framework for format of electronic documents. NHSN has been enabled to accept electronic infection reports, denominator data, and process of care data from commercial infection surveillance systems. This work will continue with the development and the maintenance of the existing CDA implementation guides, associated vocabularies, toolsets and business processes in support of HAI reporting to NHSN.

1.2 TYPE OF CONTRACT

Award of an Indefinite Delivery/Indefinite Quantity (ID/IQ) type contract is being contemplated. Individual tasks orders will be placed against the contract. Task Orders placed against the resulting ID/IQ contract may be on the basis of Time and Materials (T&M) or Firm-Fixed Price (FFP). A combination of FFP and T&M may also be included in the individual Task Orders.

1.3 PERIOD OF PERFORMANCE/PLACE OF PERFORMANCE

The total period of performance under this ID/IQ contract shall not exceed 60 months from date of award. While most of the work will be performed in Atlanta, GA, the CDC is open to development being performed remotely, if there is a clear cost advantage to the government. This statement of work consists of completing the tasks in Section 4.0.

1.4 MINIMUM AND MAXIMUM ORDER LIMITATION

The total MAXIMUM estimated aggregate amount to be ordered by the Government for the performance of the task orders against this ID/IQ contract for a period of 60 months after award shall not exceed $7,500,000. The MINIMUM dollar estimated aggregate amount the Government order under this ID/IQ contract is $100,000. The Contractor shall not exceed the amount negotiated for each individual task order without prior written approval of the Contracting Officer. The Government is not obligated to reimburse the contractor for costs incurred in excess of the amount negotiated for each individual task order.

1.5 PLACEMENT OF ORDERS

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 ID/IQ contract. The Government is not obligated to reimburse the Contractor for costs incurred before issuance of a formal task order.

SECTION 2.0

GOVERNMENT FURNISHED PROPERTY/SERVICES/DATA ETC.

To Be Determined (TBD) at the Task Order level.

SECTION 3.0

CONTRACTOR FURNISHED CRITICAL ITEMS/SERVICES

The contractor shall provide the following critical items or services:

3.1 Technical expertise required to fulfill all aspects of the ID/IQ contract and related task orders.

3.2 Staff capacity required to fulfill all aspects of the ID/IQ contract and related task orders.

3.3 All equipment and software necessary to fulfill the terms of the contract not provided by the CDC.

SECTION 4.0

CRITICAL TASKS

The CDC is seeking contractual assistance to support the ongoing development of the National Healthcare Safety Network (NHSN). The specific deliverables will be sought through individual task orders under the contract line items found within this section.

4.1 HL7 Implementation Guidance Development and Maintenance

Provide support in the continued expansion and enhancement of the existing Healthcare Associated Infection (HAI) implementation Guidance

4.2 Vocabulary Development and Maintenance

Provide a full-time resource for the development and eminence for all NHSN vocabulary needs.

4.3 Helpdesk services

Provide helpdesk support for NHSN development team and vendors implementing CDA for NHSN.

4.4 Business Process Analysis Services

Provide consultation to NHSN program for improving business processes for the NHSN’s team in supporting documentation, distribution and tracking of vocabulary, Information Data Model, implementation guides, sample files and Schematron validation tools.

4.5 Reporting

Provide status reports, conference calls, meetings and agendas as necessary to keep the program advised.

SECTION 5.0

REFERENCES

Some references for previously described information and accompanying resources can be found at:

(1) http://www.cdc.gov/nhsn

(2) http://www.cdc.gov/nhsn/CDA_eSurveillance.html II. ATTACHMENT No. 1

Experience/Past Performance Matrix

III.

ATTACHMENT No. 2

Task Order No. 1

SECTION E - SOLICITATION PROVISIONS

E.I

INSTRUCTIONS FOR SUBMISSION OF OFFERS

Notwithstanding FAR Provision 52.212-1included by reference below, offerors shall submit their offers as follows:

E.1.1 The date set for receipt of quotes is Midnight, Sept. 9, 2011. Any offer received after September 9, 2011 will not be considered for award.

E.1.2 Questions shall be submitted via e-mail to: Bbiltz@cdc.gov by August 31, 2011. .

E.1.3 Each offer shall be submitted via electronic mail (e-mail) by midnight EST/EDT of the day specified for receipt. Quotes shall be sent via MS Word documents. The business quote may be sent as an MS. Excel file or included in the Word document. The following format is required:

Proposal: 13520-KT.doc Budget: 13520-KT.xl

(“13520.KT.doc" is the respective RFQ Number; “KT” are the first two letters of the respective Contractor's name; and “.doc” and “xl” are the format extensions.)

In the event there are electronic transmission problems, the following steps shall be taken:

· CDC receives the electronic file timely, but cannot access it. Contractor will be contacted and may fax in the portions that cannot be accessed.

· Contractor sends electronic file, but receives error message indicating e-mail problems at CDC. Fax in a cover sheet indicating transmission difficulties, and PGO will contact the Contractor to arrange an alternate method of submission. Contractors are requested not to fax entire proposals to PGO. Facsimile submission should only be used after contacting the Contract Specialist.

E.1.4 All proposals shall be submitted in two severable parts: Part I, The Technical Proposal, and Part II, Business Proposal.

Part I: The Technical

1. The technical proposal shall not reference cost; however, resource information, such as data concerning labor hours and categories, material, subcontracts, etc, shall be contained in the technical proposal so that the offeror’s understanding of the work can be evaluated.

2. The technical proposal shall not exceed the page limitation provided in the description of evaluation factors below. The text shall be single space, single-sided, and no smaller than an 11-pitch type. Appendixes and exhibits are not part of the page limitation.

3. The technical proposal shall provide as much detail as possible to reflect the contractor understands of the government requirements.

4. The technical proposal shall address each of the following technical evaluation factors:

a. Technical Approach: The technical approach shall not exceed 5 pages long and shall address the following:

· An explanation of approach for improving and…

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