Employee Assistance Program.pdf

11. DELIVERY FOR FOB

DESTINATION UNLESS

BLOCK IS MARKED

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-Q-13240

6. SOLICITATION

ISSUE DATE

04/25/2011

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Howard D. Bish

b. TELEPHONE NUMBER (No collect calls)

(412) 386-5848

8. OFFER DUE DATE/

LOCAL TIME

2PM 5/25/2011

9. ISSUED BY CODE 436 10. THIS ACQUISITION IS 12. DISCOUNT TERMS

Centers for Disease Control and Prevention

Contracts Management Branch

PO Box 18070, 626 Cochrans Mill Rd

Pittsburgh, PA 15236-0070

X UNRESTRICTED

SET ASIDE: % FOR

SMALL BUSINESS

SMALL DISADV. BUSINESS

8(A)

SIC: 624190

SIZE STANDARD: $7.0 Mil

X SEE SCHEDULE

13a. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

X RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE 436

See Schedule

Centers for Disease Control and Prevention Contracts Management Branch PO Box 18070, 626 Cochrans Mill Rd Pittsburgh, PA 15236-0070 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.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Employee Assistance Program (EAP) in Support of CDC/NIOSH Facilities in Pittsburgh and

Fairchance, Pennsylvania

(Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

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

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA X ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

28.

X

CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 COPIES

TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET

FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT

TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

29.

AWARD OF CONTRACT: REFERENCE OFFER

DATED . YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

HEREIN, IS ACCEPTED AS TO ITEMS:

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

RECEIVED INSPECTED

PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

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

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)

ACCEPTED, AND CONFORMS TO THE

CONTRACT, EXCEPT AS NOTED

35. AMOUNT VERIFIED

CORRECT FOR

17a. CONTRACTOR/

OFFEROR

FACILITY

CODE

IS CHECKED

Page i

TABLE OF CONTENTS

Section Document/Clause/Provision Page No.

A Standard Form 1449

B Continuation of SF1449 (Block 19 – 24) 1

C Contract Clauses 8

D Contract Documents, Exhibits or Attachments 20

E Solicitation Provisions 21

SECTION B - CONTINUATION CONTINUATION OF SF1449

ITEM

SUPPLIES / SERVICES QTY / UNIT UNIT PRICE EXTENDED PRICE

0001 Employee Assistance Program

Base Period

01 OCT 2011 through 30 SEP 2012

FAR 52,232-18, Availability of Funds

(Apr 1984) applies to this item and all successive items.

350 Persons

(estimated)

0002 Employee Assistance Program

Option Period 1

01 OCT 2012 through 30 SEP 2013

0003 Employee Assistance Program

Option Period 2

01 OCT 2013 through 30 SEP 2014

0004 Employee Assistance Program

Option Period 3

01 OCT 2014 through 30 SEP 2015

0005 Employee Assistance Program

Option Period 4

01 OCT 2015 through 30 SEP 2016

0006 Employee Assistance Program

Option Period 5

01 OCT 2016 through 30 SEP 2017

0007 Employee Assistance Program

Option Period 6

01 OCT 2017 through 30 SEP 2018

0008 Employee Assistance Program

Option Period 7

01 OCT 2018 through 30 SEP 2019

0009 Employee Assistance Program

Option Period 8

01 OCT 2019 through 30 SEP 2020

0010 Employee Assistance Program

Option Period 9

01 OCT 2020 through 30 SEP 2021

PERFORMANCE WORK STATEMENT

EMPLOYEE ASSISTANCE PROGRAM

A. General

1. The Contractor shall staff to allow for case acceptance at regular times on every workday of the current employee population of 352 CDC Pittsburgh and Fairchance, Pennsylvania (hereinafter referred to as

Pittsburgh CDC employees) permanent full-time, part-time, and intermittent employees. It shall be the responsibility of the Contractor to determine the need for regular or occasional part-time, associate counselors, counseling aids, or other related health specialists, as well as for one principal counselor and clerical support.

2. The Contractor shall plan, develop, use, maintain, and manage a record system in accordance with applicable laws and regulations regulating to alcohol and drug prevention, treatment and rehabilitation;

the Privacy Act of 1974; and other applicable laws, regulations and guidelines governing confidentiality of medical counseling records, and will be subject to the penalties imposed by such laws for improper disclosure.

3. The Contractor shall develop and conduct an initial training program for each of the following audiences in the support of the program: (1) supervisor/managers, (2) union officials, (3) medical personnel, (4) Personnel, and (5) EEO Staff. Such training shall be designed to help these groups use the program effectively in the performance of their responsibilities. Training programs shall include all of the above listed personnel. In addition, the Contractor shall develop and conduct general employee education programs designed to educate employees about resolving problems that affect employees personal lives or job performance, including but not limited to, alcohol and drugs;

dependency and addiction; and its impact on the family, up to a maximum of four (4) and a minimum of (2) workshops per year. All of the above courses are subject to the approval of the Government prior to the performance of them.

4. The Contractor shall accept management, union, or self-referrals, as well as a referral by medical personnel providing occupational health services to Pittsburgh CDC employees. The Contractor shall consult with the referring party providing guidance, where appropriate, in confronting the employee’s job behavior or performance problem(s).

5. The Contractor shall meet and consult with selected staff of the EAP to develop a policy document tailored to meet the employee’s needs. Direct counseling shall be offered to employees within two (2) working days, at a choice of locations; the counselors activities shall be directed toward initial evaluation and when necessary referral of the employee to community or other resources in such a manner as will permit appropriate and skillful management of the problem(s) presented. An employee is entitled to up to five (5) sessions per issue. The counselor will determine when an employee should be referred. The Contractor must therefore develop and maintain close working relationships with community resources which offer treatment and rehabilitative assistance. Likewise, counselors must possess the necessary skills to enable them through interviewing employees to determine the nature of their problem(s). If necessary, the counselor shall also refer the employee for further medical evaluation, diagnostic workup, and such other health or psychiatric information as will permit appropriate case management.

6. The Contractor shall submit publicity materials to the Program Coordinator for agency review at least once every two (2) months. The CDC EAP Administrator in Pittsburgh will duplicate and distribute the materials selected or utilized materials by including them on a NIOSH-Pittsburgh Intranet page.

7. The Contractor shall either provide a 24-hour ―Hotline‖ or information on other public 24-hour

―Hotlines‖ or crises intervention centers for use by Pittsburgh CDC Employees

8. The Contractor shall seek information regarding health insurance from the employee in order to coordinate the referrals with appropriate health benefits insurance. Pittsburgh-CDC employees have a number of health benefit plans available to them. Therefore, the Provider shall consider the varying benefits when making referrals in order to cause the least amount of financial hardship to the employee.

9. On-site presence of the Contractor on a regular and recurrent basis is not necessary. However, in the case of management referrals, the Contractor shall be required on occasion to be present at the NIOSH-

Pittsburgh facility in order to meet with management and employees in the course of problem resolution. Special arrangements shall be made for assisting clients in serious crises. Counselors shall also establish a method of monitoring the employee’s progress in cooperation with the recommended treatment. Where appropriate, and allowed by the confidentiality requirements, the counselor shall also apprise the referring management official of the employee’s progress in treatment, assisting where possible in job adjustment.

B. Policy

1. The Contractor shall perform the work under this contract in accordance with the policy established in

HHS Personnel instruction 792.2, (revised 2000), which is attached hereto as Attachment 1 and made a part of this contract. The below listed policy procedures are contained in HHS Personnel Instruction

792-2 but are not all inclusive.

a. Scope. The EAP is available to all Pittsburgh CDC employees regardless of the nature of their personal problems. The program is also available to family members (either a relative of an employee or someone in a primary relationship with an employee) in two situations.

1) The counselor may see the family member whether or not the employee is seen by the EAP when the family member has a problem that is connected with the employee’s alcohol or drug abuse. In such circumstances, the family member may be the client of the program and receive all of its services.

2) The EAP may see the family member in situations where the employee has a personal problem that may be helped by seeing the family member or when the personal problem of the family member is affecting the employee’s ability to function on the job. In these situations, the program’s client is the employee, not the family member, and EAP’s services are provided to the employee. In addition, the family member may be seen only if the employee him/herself is seen by the EAP, or if the intent of the EAP is to see the employee. In some situations, the

EAP may asses and refer for treatment the family or couple as a unit. It is not the intention of this contract to provide EAP services convenient to the locations of family members but rather make the services available at the sites offered to employees.

b. Leave usage. Employees are on official duty when they meet with the EAP, providing they obtain consent from their supervisors in the manner described in the instruction. Employees not wanting to inform their supervisors of their use of the EAP must arrange appointments on their own time.

Employees referred for treatment or other assistance in the community must request approved leave if the treatment or other assistance occurs during the employee’s scheduled work day.

c. Confidentiality. EAP counseling records and information from employee visits shall be kept in a confidential manner, in accordance with laws, regulations and HHS instruction. All contractors are expected to conform to these standards in running the program.

d. Referrals. Employees who suspect they have an alcohol, drug or emotional problem, whether or not it currently affects their work, are encouraged to use the EAP on their own in a confidential manner. In addition, supervisors and managers, union officials and the onsite health unit are encouraged to refer employees whose work performance or conduct is deteriorating to the program when ordinary supervisory methods do not bring about improvement. Both types of referrals shall receive the same services from the EAP.

e. Staff qualifications. The required qualifications for contractor staff are described in HHS Personnel

Instruction 792-2 which is attached hereto as Attachment 1 and made a part of this contract. Selection of staff should reflect the ethnic mix of this region.

f. Drug free workplace initiative. Executive Order 12564 (Available at http://www.archives.gov/federal-register/codification/executive-order/12564.html) and its implementing legislation recognize that illegal drug use is seriously impairing a portion of the Federal Government’s workforce. In response to this, HHS developed the Drug Free Workplace Plan to set forth the objectives, policies, procedures, and implementation guidelines necessary to achieve a workplace free of drugs. The Plan outlines responsibilities in four areas: 1) employee assistance; 2) employee education; 3) supervisor training;

and 4) identification of illegal drug use through drug testing on a carefully controlled and monitored basis. Only the first three involve the EAP. The requirements of this plan are reflected throughout the

Performance Work Statement.

C. Specific Procedures for Case Handling Management-Initiated Referral:

Program Counselor shall:

1. Interview management officials, as requested, and provide them with guidance in confronting employees with job performance or behavior problems. Advise management official regarding client confidentiality requirements.

2. Interview the employee and, with the employee’s knowledge and written consent, obtain the appropriate information including medical history, if necessary, to determine the nature of the employee’s problem.

3. Determine the nature of the health problem, and if necessary, make referrals to the local community resources as may be necessary for further medical evaluation, diagnosis, and/or rehabilitative assistance.

4. After professional assessment of the case, advise the employee of appropriate available community treatment resources, help make arrangements for utilizing them, and encourage the employee to participate in a rehabilitative program.

http://www.archives.gov/federal-register/codification/executive-order/12564.html http://www.archives.gov/federal-register/codification/executive-order/12564.html

5. Maintain on-going contact with the community treatment program to which the employee is referred and on-going contact with the employee. Counselors monitor the employee’s progress during and after treatment; the length and type of follow-up will be determined by the needs of the employee using the program.

6. Throughout the treatment program, as allowed by the confidentiality requirements, be available to the supervisor to discuss rehabilitative efforts and their relationship to job performance; to the family; or other treatment resources for maintenance of a well coordinated rehabilitation program. Advise supervisor whether or not initial visit was made.

7. Crisis intervention and debriefing for critical incidents will be provided by the Contractor.

8. Counseling may be provided to work units as well as individual employees.

D. Specific Procedures for Case Handling Employee-Initiated Referral:

1. When an employee self –refers to the program, he/she shall receive counseling and be referred to community resources or facilities for assistance as is appropriate or necessary.

2. In such self-referral situations the confidentiality requirements shall be strictly observed and the employee will not ordinarily be asked to sign a consent releasing information to his/her supervisor.

3. If an employee drops out of a treatment program, documentation of the case file should show that this has taken place and no further action shall be taken.

4. Should a voluntary referral case be in progress and the employee’s supervisor contacts the counseling staff of the program with documentations of the employee’s work performance deterioration or aberrant behavioral patterns at work, the counseling staff shall confer with the supervisor, but will adhere to confidentiality requirements strictly giving no indication of the employee’s previous self-referral. The employee may then, if appropriate, be contacted and advised of the potential need to sign a consent to give information to the supervisor.

E. Manager’s Relationship to the Employee Assistance Program

1. Managers are responsible for careful and consistent evaluation of the performance and conduct of their employees. They may seek the guidance of the Contractor staff in dealing with employee problem situations. They will offer employees information on available health and counseling services, as appropriate.

F. Contracting Officer’s Technical Representative’s (COTR) Technical Relationship to the Employee

Assistance Program

1. COTR’s are the official designated by the agency to administer the program for their employees. As such, they are ultimately responsible for the effectiveness of their agency’s program, even though many of the skilled services are provided by a Contractor. The technical responsibilities of the COTR shall include:

a. Developing installation policy and program design

b. Evaluating installation program results

c. Serving as a liaison between the service provider and the installation’s pertinent management system

d. In cooperation with the provider, preparing necessary management reports

2. Although the COTR does not provide day-to-day supervision of Contractor personnel, a close and cooperative working relationship must be maintained. As indicated by the confidentiality regulations, Project Officer’s are part of their respective agency’s alcohol and drug abuse prevention function, they and the Contractor personnel are therefore equally subject to the confidentially requirements and the exchange of client information between them does not constitute disclosure under those regulations.

G. Case Files

1. The Contractor shall be responsible for maintaining complete individual case files for every employee who is referred for assistance. Such case records shall be maintained in accordance with the confidentiality requirements of HHS Personnel Instruction 792-2 which is attached hereto as

Attachment 1 and made a part of this contract.

2. In the event of a change in Contractor, records necessary for maintaining the continuity of care for the employee-client shall be transferred from the former to the subsequent Contractor. This transfer shall be affected by a signed consent form from the employee/client.

3. Case files must contain notes on every contact regarding employees, with the most recent information filed on top. Each file must contain a complete assessment that shall include, at a minimum, problem areas (and a justification and/or data on each problem), referrals made (and a rationale for the referrals), case outcome, and follow-up plans and/or agreements. Each entry must be signed and dated.

4. Upon the expiration of the contract, the case files shall be surrendered to the COTR. No records of any kind may be transferred from one contractor to another without the express written consent of the

COTR.

5. The Program Coordinator may have access to the records for the purposes of transferring them from on contractor to another and for program oversight, record destruction, evaluation and quality assurance.

These actions do not constitute disclosures under the confidentiality regulations (42 CFR Part 2) and

Departmental EAP policy.

6. Reference HHS Personnel Instruction 792-2 which is attached hereto as Attachment 1 and made a part of this contract for policy regarding records destruction.

H. Contract Liability

1. The contractor shall be liable for any loss or damage to any material serviced under the contract which is caused by the Contractor’s failure to exercise such care in regard to said materials as a reasonable careful owner of similar materials would exercise.

2. The Contractor shall also assume all legal and professional responsibilities and liabilities attendant on the professional practices in the rendering of employee assistance services.

3. Counselors will have liability insurance in the amount generally accepted by the profession.

I. Rights in Data

1. The Contractor shall not publish or disseminate any data obtained or information resulting from work pursuant to this contract without prior written approval of the Contracting Officer.

J. Program Initiation

1. The Contractor for the Employee Assistance program shall initiate the program by providing training sessions for key employees – including Personnel, EEO and medical officials, supervisors, and interested union officials at NIOSH-Pittsburgh as stipulated in Paragraph A3.

K. Professional Standards of Conduct

1. The Contractor agrees to uphold professional standards of conduct including prohibition against referring clients to oneself in a private capacity. This also includes a prohibition against referring to persons/facilities with which the Project director has an financial interests unless it can be demonstrated that there is some overriding clinical reason (such as cost or quality being the best for the client or that there are not other treatment facilities available in the area)

L. Contractor Point of Contact

1. The Contractor shall provide a point of contact who will be responsible for report coordination and coordinating other information, such as, staff changes, etc.

SECTION C - CONTRACT CLAUSES

C.1 TYPE OF CONTRACT

This contract is a Firm-Fixed-Price type as defined in Federal Acquisition Regulation Section 16.202.

C.2 NUMBER OF EMPLOYEES

The number of employees may be unilaterally adjusted by the government in a formal modification at the beginning of each option period. In such case, the new quantity of employees covered will be multiplied by the firm-fixed-price ―unit price‖ in order to arrive at a new extended price for the year.

C.3 PAYMENT SCHEDULE

Notwithstanding payment terms elsewhere in this contract, the Contractor can invoice and receive progress payments payable at the end of each full quarter (three-month period of performance under the contract), for services rendered during the billing quarter.

C.4 DELIVERABLES AND TIME OF DELIVERY

(a) The Contractor shall arrange a sufficient number of training groups and training sessions to accomplish the training of at least 50% of the employees within the first sixty (60) days and 95% of the employees within the first 100 days of the contract period.

(b) Within the first one-hundred (100) days, the provider shall also orient or otherwise inform all employees covered by the Program of its operation.

C.5 QUALIFICATION OF THE CONTRACTOR AND/OR COUNSELORS

(a) Employees referred to the program shall be assisted by a mental health professional.

(b) Performance of the Statement of Work requires expertise in:

program management training and education and problem definition and referral to appropriate community treatment resources.

(c) Moreover, expertise is required in:

performing these tasks in a work setting dealing effectively with a broad range of behavioral problems - particularly addiction and dependency, and its impact on the family.

(d) Staff qualifications shall be in accordance with HHS Instruction 792-2.

C.6 SUBSTITUTION OF PERSONNEL

(a) The Offeror agrees to assign to any contract resulting from this solicitation, those persons whose resumes were submitted with his/her proposal who are necessary to fill the requirements of the contract. No substitutions shall be made except in accordance with this clause.

(b) The Offeror agrees that during the first ninety (90) days of the contract performance period, no personnel substitutions will be permitted unless such substitutions are necessitated by an individual's sudden illness, death, or termination of employment. In any of these events, the Contractor shall promptly notify the Contracting

Officer and provide the information required by Paragraph (c) below. After the initial ninety (90) day period, all proposed substitutions must be submitted, in writing at least fifteen (15) days, thirty (30) days if a security clearance is to be obtained, in advance of the proposed substitutions to the Contracting Officer, and provide the information required by Paragraph (c) below.

(c) All requests for substitutions must provide a detailed explanation of the circumstances necessitating the proposed substitutions, a complete resume for the proposed substitute, and any other information requested by the Contracting Officer needed by him/her to approve or disapprove the proposed substitution. All proposed substitutes must have qualifications that are equal to or higher than the qualifications of the person to be replaced. The Contracting Officer or his authorized representative will evaluate such requests and promptly notify the Contractor of his/her approval or disapproval thereof.

C.7 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)

C.8 Contracting Officers Technical Representative (COTR) Technical Guidance (Sep 2009)

Performance of the work hereunder shall be subject to the technical directions of the designated 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.

C.9 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.

C.10 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 titled ―ACH Vendor/Miscellaneous Payment Enrollment Form‖ to the address indicated below. Note: The form is either attached to this contract (see Section J, List of Attachments) or 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

C.11 Invoice Submission (Mar 2006 revised)

(a) The Contractor shall submit an original hard-copy contract invoice/voucher to the address shown below:

The Centers for Disease Control and Prevention

Financial Management Office (FMO)

P.O. Box 15580

Atlanta, GA 3033

Or – The Contractor may submit the original invoice/voucher via facsimile or email:

Fax: 404-638-5324

Email: FMOAPINV@CDC.GOV mailto:FMOAPINV@CDC.GOV

NOTE: Submit to only one (1) of the above locations.

(b) The contractor shall submit 2 copies of the invoice/voucher to the cognizant contracting office previously identified in this contract. These invoices/voucher copies shall be addressed to the attention of the Contracting

Officer.

(c) The Contractor is , is not required to submit a copy of each invoice directly to the Project Officer concurrently with submission to the Contracting Officer.

(d) 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.

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

(1) Contractor’s Name & Address

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

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

(4) Invoice Number

(5) Invoice Date

(6) Contract Line Item Number and Description of Item

(7) Quantity

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

(9) Shipping and Payment Terms

(10) Total Amount of Invoice

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

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

(13) DUNS + 4 Number

C.12 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 Contracting Officer’s Technical Representative (COTR).

C.13 Review and Comment (May 1998)

All materials developed or information of whatever nature resulting from work performed under this contract shall be submitted to the Project Officer for review and comment prior to publication or dissemination.

C.14 Health Insurance Portability & Accountability Act of 1996 (Sep 2008)

Pursuant to the Standards for Privacy of Individually Identifiable Health Information promulgated under the Health

Insurance Portability and Accountability Act (HIPAA)(45 CFR Parts 160 and 164), covered entities may disclose protected health information to public health authorities ―...authorized by law to collect or receive such information for the purpose of preventing or controlling disease, injury, or disability, including, but not limited to, the reporting of disease, injury, vital events such as birth or death, and the conduct of public health surveillance, public health investigations, and public health interventions...‖ The definition of a public health authority includes ―...a person or entity acting under a grant of authority from or contract with such public agency...‖ The Contractor is acting under contract with the CDC to carry out The Employee Assistance Program which is authorized by Public Law 79-658 and therefore may be considered a public health authority under the Privacy Rule for purposes of this project.

Further, CDC consider this to be health services for federal employees for which disclosure of protected health information by covered entities is authorized by section 164.512(b) of the Privacy Rule (45 CFR 164.512(b)).

C.15 Privacy Act (Sep 2009 revised)

(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’s 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

Section D, List of Attachments.

C.16 Data Subject to Confidentiality Requirements (May 1998)

The type(s) of data subject to the clause at 352.224-70, Confidentiality of Information, which has been incorporated by reference in Section I, are as follows:

All data collected under this contract.

Following are the requirements for handling these data:

The contractor may retain a copy of the data in the duration of the contract but must turn over the entire dataset to NIOSH before the present contract expires. Other data (i.e., subject’s consent form, questionnaires, and other signed documents) will be handled in the same manner. The original of these documents will be send to NIOSH once every three weeks. The contractor may retain a photocopy of these documents in the duration of the contract but must destroy all documents before the present contract expires. The contractor has no right to disclose the data in any form (conference presentation, journal articles, reports, product development) without the consent of NIOSH. NIOSH reserves the sole right to deicide the authorship in any conference presentations, publications, and reports based on the present dataset.

C.17 Use of Taxpayer Identification Data (Jan 2000)

NIOSH may provide the mailing addresses of taxpayers (taxpayer address information) obtained pursuant to an

Interagency Agreement with the IRS under section 6103 (m) (3) of the Internal Revenue Code (IRC) to the contractor for the purpose of locating individuals for the occupational health studies pursuant to this contract. The contractor shall establish and maintain the safeguards and procedures necessary to insure that all such taxpayer address information provided to it by NIOSH is (1) retained in accordance with Tax Information Security Guidelines and the Interagency Agreement; (2) kept in strictest confidence by its officers, agents and employees and; (3) utilized solely for the intended purpose for which the data is provided. Such safeguards and procedures shall be established prior to acceptance of any taxpayer address information under this contract and a copy of all such safeguards and procedures shall be provided to the contracting officer. The contractor, by signing this contract and acceptance of the taxpayer information from the NIOSH, acknowledges that it is aware of the penalties prescribed, including the potential of personal liability – under section 7431 of the IRC for the unauthorized inspection and/or willful or negligent disclosure of such information. The contractor shall return all taxpayer address information records provided under this clause including all copies and any and all electronic records of the taxpayer address information upon the earlier of either completion of the contract or when the contractor's possession serves no further contractual purpose.

C.18 Health Information Technology (April 2009)

Executive Order 13410: Promoting Quality and Efficient Health Care in Federal Government Administered or

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

Interoperability of Health IT Systems

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

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

Where offerors/awardees support or participate in health information [or data] exchange with disparate entities, offerors/awardees must have an architecture that is compatible with the architecture of the

Nationwide Health Information Network (www.hhs.gov/healthit/healthnetwork/background).

Adoption/Incentives

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

http://www.cdc.gov/phin http://www.hhs.gov/healthit/healthnetwork/background

Use services available at HHS’ Agency for Healthcare Research and Quality (AHRQ) National Resource

Center for Health Information Technology (NRC) at www.healthit.ahrq.gov. The NRC provides technical assistance, identifies challenges to health IT adoption and use, and identifies solutions and best practices that have the potential to transform clinical practice through the best and most effective use of IT.

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

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

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

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

Transparency of Quality Measurements

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

Contribute to all-payer claims data sets, where applicable.

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

Transparency of Pricing Information

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

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

C.19 CLAUSES INCORPORATED BY REFERENCE

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

http://farsite.hill.af.mil

FAR SOURCE TITLE AND DATE

HHSAR SOURCE TITLE AND DATE

352.201-70 Paperwork Reduction Act (Jan 2001)

352.201-1 Definitions (Jan 2006)

352.222-70 Contractor Cooperation in Equal Employment Opportunity Investigation(Oct 2009)

352.224-70 Privacy Act (Jan 2006)

352.231-71 Pricing of Adjustments

352.237-70 Pro-Children Act (Jan 2006) http://www.healthit.ahrq.gov/

C.20 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders --

Commercial Items. (Mar 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)).

___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:

__ (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).

__ (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)).

__ (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.)

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

109-282) (31 U.S.C. 6101 note).

__ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010) (Pub. L.

111-5).

_X_ (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).

__ (7) 52.219-3, Notice of Total HUBZone Set-Aside or Sole-Source Award (Jan 2011) (15 U.S.C. 657a).

__ (8) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (9) [Reserved]

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

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

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

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

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

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

__ (12) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)).

__ (13)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637(d)(4)).

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

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

__ (iv) Alternate III (Jul 2010) of 52.219-9.

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

__ (15) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

https://www.acquisition.gov/far/current/html/52_222.html#wp1151848 http://uscode.house.gov/ https://www.acquisition.gov/far/current/html/52_222.html#wp1151848 http://uscode.house.gov/ https://www.acquisition.gov/far/current/html/52_233_240.html#wp1113329 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/current/html/52_233_240.html#wp1113344 https://www.acquisition.gov/far/current/html/52_200_206.html#wp1137622 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+2+13++%2841%29%20%20AND%20%28%2841%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t09t12+37+408++%2810%29%20%252 https://www.acquisition.gov/far/current/html/52_200_206.html#wp1141983 http://uscode.house.gov/ https://www.acquisition.gov/far/current/html/52_200_206.html#wp1144881 https://www.acquisition.gov/far/current/html/52_200_206.html#wp1141649 http://uscode.house.gov/ https://www.acquisition.gov/far/current/html/52_200_206.html#wp1144992 https://www.acquisition.gov/far/current/html/52_207_211.html#wp1140926 http://uscode.house.gov/ https://www.acquisition.gov/far/current/html/52_217_221.html#wp1135955 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/current/html/52_217_221.html#wp1135970 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/current/html/52_217_221.html#wp1136004 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/current/html/52_217_221.html#wp1136004 https://www.acquisition.gov/far/current/html/52_217_221.html#wp1136004 https://www.acquisition.gov/far/current/html/52_217_221.html#wp1136017 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/current/html/52_217_221.html#wp1136017 https://www.acquisition.gov/far/current/html/52_217_221.html#wp1136017 https://www.acquisition.gov/far/current/html/52_217_221.html#wp1136032 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/current/html/52_217_221.html#wp1136058 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/current/html/52_217_221.html#wp1136058 https://www.acquisition.gov/far/current/html/52_217_221.html#wp1136058 https://www.acquisition.gov/far/current/html/52_217_221.html#wp1136058 https://www.acquisition.gov/far/current/html/52_217_221.html#wp1136175 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/current/html/52_217_221.html#wp1136186 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20

__ (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).

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

__ (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).

__ (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).

__ (19) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004)

(15 U.S.C. 657 f).

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

_X_ (21) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X_ (22) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jul 2010) (E.O. 13126).

_X_ (23) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X_ (24) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

_X_ (25) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212).

_X_ (26) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

_X_ (27) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212).

_X_ (28) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)

(E.O. 13496).

__ (29) 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.)

__ (30)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items

(May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (31) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

__ (32)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products

(DEC 2007) (E.O. 13423).

__ (ii) Alternate I (DEC 2007) of 52.223-16.

_X_ (33) 52.223-18, Contractor Policy…