2012-N-14324 RFTOP.docx

Request for Task Order Proposal (RFTP) DATE: 06/1/2012

DEPARTMENT of HEALTH AND HUMAN SERVICES

PUBLIC HEALTH SERVICE

CENTERS FOR DISEASE CONTROL AND PREVENTION

OFFICE OF PUBLIC HEALTH PREPAREDNESS AND RESPONSE

OFFICE OF THE DIRECTOR

ATLANTA, GA 30333

REQUEST FOR TASK ORDER PROPOSAL

Date Issued: 06/1/2012

Date Response Due: 06/21/2012

Request for Task Order Proposal Number: TBD. 2012-N-14324 RFTOP

Title: DSNS LP-10 Ventilator Maintenance

Title Description: The contractor shall provide preventive maintenance services and storage of government-owned Puritan Bennett LP10 Portable Ventilator System kits for the Office of Public Health Preparedness and Response (OPHPR), Division of Strategic National Stockpile (DSNS).

Contract Reference: This request for task order proposal is consistent with the purposes for which the Government-Owned Puritan Bennett LP-10 Ventilator BPA Award contract was awarded.

Technical Proposal Page Limit: N/A.

Budget Format Suggestion: Please see Budget Proposal Instructions Section.

Funding Range: (Check One) Under $100,000

Funds will be made available prior to award for the 12-month Period of Performance. The cost proposal should include all fixed-price costs required for a base period of performance of 12-months from date of award.

Section B - Supplies Or Services And Prices/Costs

-LP10 Portable Ventilator Preventive Maintenance and Storage Services over a 12 month period -Any necessary repair parts will be purchased under a separate delivery order

Period of Performance: 06/28/2012 - 06/27/2013

These are fixed-price severable services Min. 667 Max 2000

Note: The services described above shall include inspection and any necessary repair or replacement of ventilator parts within the LP-10 Kits. These parts will be purchased with a separate Delivery Order under the BPA. Shelf life of all repair parts shall be 6 months or greater.

Section C - Description/Specification/Work Statement

C.1 – Background and Need:

The mission of the Division of Strategic National Stockpile (DSNS) is to deliver critical medical assets to the site of a national emergency. DSNS achieves this mission by operating and maintaining the CDC Strategic National Stockpile (SNS) The DSNS provides technical assistance through guidance and training to state and local public health departments on how to receive, distribute, and dispense medical supplies. When SNS assets are combined with federal, state, and local technical expertise to manage and distribute them efficiently, its helps ensure that key medical supplies are available during emergencies.

C.2 – Scope of Work:

Contractor shall be responsible to provide all capabilities, (such as but not limited to: expertise, labor, material, equipment, and a properly licensed and secure facility) to perform the services involved under this scope of work which shall include the requirements set forth in this document.

C.3 – Technical Requirements:

A. Upon 48-hours’ notification, the Contractor shall provide to the Government entry to its storage facilities for routine inspections during normal working hours, or at such time as has been agreed to at the time of notification. The Contractor waives its 48-hours’s notification requirement if the equipment is to be deployed and agrees to provide to the Government, 24 hours/seven days a week entry to its storage facilities within 3-hours of such notification. Contractor shall arrange for the proper authorization and/or badges to facilitate access for the Government representative(s).

B. The Contractor shall provide the names, titles, and telephone numbers (non-emergency and emergency) of its representatives, who should be contacted for visits, inventory status, and access to and/or deployment or a simulated deployment of the Government-owned property, during normal and after hours, within 30 days of the signing of this agreement. The Contractor shall notify by telephone and provide the Government in writing any updates or changes to list within 24 hours of updates or changes. For deployments of Government owned property, the contractor shall prepare for shipping and load into transportation vehicles.

C. At a minimum, the Contractor shall maintain an inventory record and provide a monthly inventory report and a status report, as when inventory is distributed in any way, of the Government-owned property availability. These reports shall also include notation of any adjustments/transactions made by the proper rotation and/or replacement of product due to damage, loss or theft. Reports shall be sent electronically or by mail to the Contracting Officer. Reports are due five (5) days after the end of each month. At a minimum, this report shall contain the following:

Store Keeping Unit (SKU) Information:

(1) Manufacturer and Model Number / Part Number

(2) SKU Description

(3) Quantity on Backorder

(4) Unit of Measure

(5) Unit Cost

(6) Requirement Level (or stock level)

(7) Quantity on hand

(8) Warehouse location/multiple warehouse/storage points

(9) Lot number

(10) Condition Code (used to account for product recall, materiel complaints, etc.)

(11) Note Codes (materiel subject to damage by freezing, hazardous material, flammable, etc.)

(12) Total quantity transferred (deployed)

(13) Estimated release/manufacturing date for items backordered Transactions:

(1) Receipts/partial and complete

(2) Report of item discrepancies

(3) Inventory transfers and value of inventory in transit

(4) Inventory count sheets (for physical inventories)

(5) Inventory valuation (and method such as latest acquisition cost)

(6) Deployment capacity (calculates number of units that can be rotated based on historical demand and SKU Shelf-Life/Expiration Date)

(7) Transportation time for the inventory transfers

Actions (products):

(1) Model and Serial Number

(2) Date of last operational check and battery recharge

(3) Date due for next operational check and battery charge

(4) Date due for next calibration check

Actions (Consumables):

(1) Consumables Part numbers

(2) Consumables Lot Numbers

(3) Shelf-Life/Expiration Date (where applicable)

D. If the contractor falls out of good standing with the government i.e., CCR registration and/or no longer has applicable registrations and licenses, the contractor must notify the CO of this within 5 calendar days.

E. Offerors are notified that in addition to the specified Quality Assurance/Quality Control (QA/QC) audits that are cited in this solicitation, the government also reserves the right to perform a pre-award site visit to the Offeror’s proposed place of performance. The government reserves the right to perform pre-award site visits to those offerors that are determined responsive to the Solicitation. The government's CO will provide as much notice as possible to the offeror in regards to the exact date of the pre-award site visit.

C.4. General Requirements:

A. Contractor shall be responsible to accept multiple shipments totaling approximately 2,000 Government-Owned Puritan Bennett LP10 Ventilator systems over a 12 month period.

B. Contractor shall have all capabilities and supplies to provide proper services, to include but not limited to preventative maintenance, and storage of the Puritan Bennett LP10 Ventilator systems as reflected in this solicitation and its resultant contract(s).

C. Contractor shall be responsible to design, establish and document policies and procedures detailing each step of their services and storage process. These policies and procedures must conform to applicable to the governing Current Good Manufacturing Practices (cGMP) that shall become part of any resultant contracts and made available to the government upon its request.

D. The Contractor shall allow announced/scheduled and unannounced visits to its facility by Government personnel for the purpose of inspection and review of the inventory.

E. The Government will notify the Contractor, at the time of deployment, the transportation company authorized to pick-up and transport the Government-owned property.

F. Insurance- Contractor shall maintain a policy of liability insurance, to cover government owned product, in the minimum amount of $5,000,000.00 dollars.

C.5 – Period of Agreement:

This Task Order is intended to begin on June 28, 2012, the date signed by the Government and expires on June 27, 2013. At the end of the period of performance, the Government will transfer the Government-owned property from the contractor's facility to a government-designated site(s). A Government review of its requirements and the corresponding discounts for this contract will be performed annually.

C.6. Other Requirements:

A. Due to the nature and security of the customer and program, areas of the DSNS program pertaining to national security issues may be determined as Sensitive But Unclassified (SBU). Contractor is required to classify all information under and/or pertaining to this solicitation and any resultant contract(s) as “Sensitive But Unclassified (SBU) For Official Use Only (FOUO)" and shall not release any information pertaining to this solicitation and any resultant contract(s) to unauthorized individuals. Should the contractor be contacted about their partnership with the government in regards to this solicitation and its resulting contract(s), the contractor shall notify the Contracting Officer immediately.

B. Contractor's employees involved in the performance of any resultant contract must agree to sign a non-disclosure agreement and agree to not disclose any details relating to the contract, CDC or DSNS Non-Disclosure forms will be released to the awardees as part of their award package.

C. Contractor shall be responsible to adhere to the sensitivity concerns of the national security issues of this program and shall not share the programs information or its association with the government.

C.7. Inspection:

As cited in your contract under clause FAR 52.212-4, Inspection/Acceptance, acceptance occurs at time of receipt at Government facility. At this time product is deemed to be Government-owned property.

C.8. Estimated Quantities:

Should the Government determine an increase or decrease of product quantity (Government-owned property) is warranted, this Agreement will be modified by mutual agreement of the Government and vendor via a modification. Should the Government requirements increase, a delivery order will be issued to the Contractor with the additional requirements. Current quantity of government-owned LP-10 Ventilators requiring Preventive Maintenance services is 2,000.

C.9. Completion:

Upon conclusion of this agreement, a final plant clearance inspection will be made by the Government to insure that all Government-owned property has been shipped. Contractor shall provide a final inventory report to the Government upon completion. All Contractor records are to be retained for a maximum period of five years from the date of the conclusion of this award and these records are to be destroyed upon the five-year anniversary date.

C.10. Work Breakdown Structure (WBS) Provide Division of Strategic National Stockpile (DSNS) with services on the 2,000 kits / Puritan Bennett Portable Ventilator Vendor is responsible for providing storage of the product(s) and quantities cited for 24 hours and day, 7 days a week (24/7).

Vendor is responsible for providing preventative maintenance of the product(s) and quantities cited for 24 hours and day, 7 days a week (24/7).

Vendor is responsible for replacing any part on the ventilator that is listed and priced on the original BPA Contract that is deemed necessary to be fixed in order to keep the ventilator in acceptable working condition. Funding will be provided on each task order.

The following service should be priced and referenced in accordance with CLIN 0101 as shown in Section B of this RFTOP and the BPA.

The Procurements and Grants Office (PGO) on behalf of and as an agent of the Division Strategic National Stockpile (DSNS), of the Centers for Disease Control and Prevention (CDC), is seeking the service of a contractor for the service/maintenance and storage of the Puritan Bennett LP10 Portable Ventilator System (2,000 ventilator kits). The Puritan Bennett LP10 Portable Ventilator Systems are in 3 groups; each group consists of approximately 667 ventilators, stored in up to 67 containers (approximately 10 ventilators per containers). One group shall be at the vendor’s facility and the other two groups will be at the DSNS facilities. One group shall rotate to the vendor every 4 months.

The service shall include replacement of expired product within the kits purchased under a separate Task Order. Product shall have at least 6 months or greater shelf life; to include rotation process.

The contractor shall inventory, maintain quality control, and rotate/maintain the government-owned property at the contractor's facility. Written confirmation shall be provided to the Government by the Contractor once the total quantity of the government-owned property is received and serviced. Contractor shall store the government-owned property in a secured ambient temperature controlled area; and rotate stock with contractor’s commercial stock to maintain functionality.

The contractor shall repack the LP10 ventilators into the travel cases so that the serial numbers on the outside of the travel case match the serial number on the LP10. Contactor shall ensure that the same ventilator cases are repacked into the same air cargo container that the LP10 Ventilator was initially shipped.

The contractor shall roll containers to the dock to load onto DSNS supplied transportation. Contractor shall visually inspect that caster-locks are engaged on air cargo container and document which air cargo container are going on which trailer. After trailer is full, it shall be sealed by driver and depart the Contractor’s premises.

The contractor shall maintain inventory records on the Government-owned property for five (5) years and provide the Government with reports that capture all transactions pertaining to Government-owned property in accordance with technical guidance in C.3-C. This reporting requirement includes making reports available to the government when requested and provides another report whenever inventory is distributed to the Government designated representatives.

Deliverable: Ensure insure information accurate and is kept current.

C.11 Performance-based Matrix

Incentives/Payment-Quality Link

The Contractor shall provide the government with a listing of key personnel and updates of key personnel and contact information

Contractor shall maintain inventory records on Government-owned property and provide the Government with reports that capture all transactions pertaining to Government-owned property.

Contractor shall submit a product listing report in spreadsheet and PDF form when product rotates for Preventive Maintenance.

Contractor shall submit a quarterly inventory report of DSNS (CDC) owned property that does not rotate for PM but is maintained at the Contractor’s facility.

Contractor shall implement mutually agreed upon changes identified through inspections and/or other means of acknowledgement.

Contractor shall notify the COR of any location or quantity changes

Contractor must disclose all recalls on Government-owned maintained

Contractor shall maintain best dating on ancillaries within the ventilator kits and resupply for the life of the contract

Contractor shall be responsible for authenticating with the Government prior to deployment of Government-owned material during special events.

Contractor shall maintain storage to accommodate 1/3 of the Government-owned material.

Customer satisfaction or complaints and Timeliness

Accuracy and Timeliness

Customer satisfaction or complaints and Timeliness

Upon Award

Upon Award

Upon Award; Reports must be forwarded to CO and COR within 24 hours of rotation

Must submit quarterly status reports NLT 15 days after the end of each quarter and approved by the COR; the initial inventory report will be submitted within 30 days of award

Must make changes NLT 15 days from the government identification of the issue

Must notify the COR in 2 working days of the change; For quantity changes, Contractor will provide a plan to restore contract level(s) within 5 calendar days of notification..

Must notify COR within 24 hours of discovery

Provide a report that forecast expiration dates for Government product

Prior to emergency events directed by the Government

Upon Award provide architectural drawing to support storage of Government product Surveillance system will be primarily government/ customer observations.

Surveillance system will be primarily government/ customer observations.

Surveillance system will be primarily government/ customer observations

1. Positive incentives:

a. Payment of contract labor rate for satisfactory service.

b. Contractor performance evaluated using OMB Contractor Performance Report. The evaluation will be considered when future AGENCY contract selections are made.

2. Payment is linked to quality through FAR 52.246-4 Inspection of Services – Fixed-Price.

a. Definition. “Service(s),” as used in the clause, includes services performed, workmanship, and material furnished or utilized in the performance or services.

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

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

d. If the Government performs inspections or tests on the premises of the Contractor or a Subcontractor, the Contractor shall furnish, and shall require Subcontractor to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

e. If any services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by re-performance, the Government may –

1. Require the Contractor to take necessary action to ensure that future performance requirements; and

2. Reduce the contract price to reflect the reduced value of the service(s) performed.

f. if the Contractor fails to promptly perform the service(s) again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may –

1. By contract or otherwise, perform the services and charge the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

2. Terminate the contract for default.

(End of clause)

Deliverables and Performance Milestones

The period of performance will commence on June 28, 2012 through June 27, 2013.

Overall Requirements and Schedule of Deliverables Item / Ref.

Description

Quantity / Form

Delivery Date

Upon Award provide architectural drawing to support storage of Government product

Electronic copy

Within 14 days of contract award

Electronic copy

Within 30 days of contract award

Section D - Packaging And Marking

There are no clauses/provisions included in this section.

Section E – Inspection and Acceptance

52.246-2 Inspection of Supplies – Fixed Price (Aug 1996) 52.246-4 Inspection of Services – Fixed Price (Aug 1996)

E.1. Inspection and Acceptance (July 1999)

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

E.2. Acceptance:

Final acceptance will be based on the completion of each delivery/task order.

Section F - Deliverables

F.1. Deliverables

(a) At a minimum, the Contractor shall provide a quarterly report and a status report, after the close of each quarter’s business. Reports shall reflect, at a minimum, call/order, number date of order, total dollar amount of each call/order number, total net sales, and amounts. Reports shall be sent to the designated Contracting Officer’s Representative (COR) by e-mail or as otherwise instructed by the Government’s Contracting Officer. Reports are due fifteen (15) days after the end of each quarter.

(End of Clause)

F.2. Delivery Schedule

For Destination/Delivery Schedule/Dates: Any delivery delay will be reported to the CDC Contracting Officer and Project Officer immediately.

F.3. Period of Performance (Task/Delivery Order Contracts)

(a) Contract: The period of performance for this Task Order will be for 12 months, (1) year: June 28, 2012 thru June 27, 2013.

F.4. Place(s) of Performance (July 1999) The Contractor shall perform all work under this contract at off-site Contractor locations.

Section G - Contract Administration Data

G.1 Extent of Obligation

The Government is obligated only to the extent of authorized purchases made via issuance of delivery/task orders under this Contract. No monies are actually obligated under this Contract, but obligated through delivery/task orders issued against this Contract.

(End of Clause)

G.2 Ordering Procedures:

(a) All delivery/task orders will be placed against this Contract, in writing and signed by a warranted Government Contracting Officer, via facsimile or e-mail. Individual delivery/task orders shall define the task along with delivery or performance time frames and shall establish a firm-fixed price for the task.

(b) Telephone or other verbal orders are not authorized under this Contract unless issued by a duly warranted Government Contracting Officer on an emergency basis.

(c) Except for any limitations on quantities in the Order Limitations clause (See FAR 52.216-19) or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract six (6) months following the end of the period of performance of the contract.

(End of Clause)

G.3 Contracting Officers Representative (COR) Technical Guidance (Sep 2009)

Performance of the work here under shall be subject to the technical directions of the designated COR 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 COR 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 COR. Any changes in COR delegation will be made by the Contracting Officer in writing with a copy being furnished to the Contractor.

(End of Clause)

G.4 Evaluation of Contractor Performance (Service) (Jan 2000)

(a) Purpose

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

(b) Performance Evaluation Period

The Contractor's performance will be evaluated at least annually, using the automated Contractor’s Performance Assessment Reporting System (CPARS).

(c) Evaluators

The performance evaluation will be completed jointly by the Project Officer/COR and the Contracting Officer in CPARS.

(d) Performance Evaluation Factors

The Contractor's performance will be evaluated in accordance with the attachment listed in Section J titled Quality Assurance Surveillance Plan (QASP).

(e) Contractor Review

The CPARS assessment will be provided to the Contractor through CPARS as soon as practicable after completion of the evaluation. The Contractor shall submit comments, rebutting statements, or additional information to the Contracting Officer within 30 calendar days after receipt of the evaluation.

(f) Resolving Disagreements Between the Government and the Contractor

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

(g) Release of Contractor Performance Evaluation Information

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

(h) Source Selection Information

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

(i) Retention Period

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

(End of Clause)

G.5 Contracting Officer (Jul 1999)

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

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

(End of Clause)

G.6 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

(End of Clause)

G.7 Invoice Submission - Part 1 (Mar 2006)

(a) The Contractor shall submit the original contract invoice/voucher to the shown below:

The Centers for Disease Control and Prevention Financial Management Office (FMO) P.O. Box 15580 Atlanta, GA 30333

(b) Please do not forget to submit a copy of each invoice directly to the Project Officer and Contracting Officer or Contract Administrator concurrently with submission to the Financial Management Office (FMO). It saves time, postage, and speeds up the payment processing by emailing the invoices to the 3 listed email addresses below:

Financial Management Office (FMO): Email: FMOAPINV@CDC.GOV

(c) The Contractor is 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 (End of Clause)

G.8 Shipment of Government Property

Transportation will be provided by the government. The Government will notify the Contractor, at the time of deployment, the transportation company authorized to pick-up and transport the Government-owned property.

(End of Clause)

Section H - Special Contract Requirements

H.1 Prohibition on the Use of Appropriated Funds for Lobbying Activities (Jul 1999)

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

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

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

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

(End of Clause)

H.2 Smoke Free Environment (May 2009)

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

(End of Clause)

H.3 Dissemination of Information (May 2010)

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

(End of Clause)

H.4 Privacy Act (Sep 2009)

(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 COR 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 outlined in the Privacy Act of 1974 (5 USC 552a) and Section 308(d) of the Public Health Service Act.

(End of Clause)

H.5 FAR 52.216-1 Type of Contract (Apr 1984)

The Government contemplates award of a single Fixed Price/ Indefinite Quantity/Indefinite Delivery Contract. The government reserves the right to issue task order(s) for any and/or all line items.

(End of Clause)

H.6 HHSAR 352.242-71 Tobacco-Free Facilities (Jan 2006)

In accordance with Department of Health and Human Services (HHS) policy, the Contractor and its staff are prohibited from using tobacco products of any kind (e.g., cigarettes, cigars, pipes, and smokeless tobacco) while on any HHS property, including use in personal or company vehicles operated by Contractor employees while on an HHS property. This policy also applies to all subcontracts awarded under the contract or order. The term ‘‘HHS properties’’ includes all properties owned, controlled and/or leased by HHS when totally occupied by HHS, including all indoor and outdoor areas of such properties. Where HHS only partially occupies such properties, it includes all HHS-occupied interior space. Where HHS leases space in a multi-occupant building or complex, the tobacco-free HHS policy will apply to the maximum area permitted by law and compliance with the provisions of any current lease agreements. The Contractor shall ensure that each of its employees, and any subcontractor staff, is made aware of, understand, and comply with this policy.

(End of clause)

H.7 Non-Disclosure Agreement for Contractor and Contractor Employees (Mar 2006)

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

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

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

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

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

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

EXHIBIT I

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

I. Non-public Information

[Name of Contractor] understands that in order to fulfill the responsibilities pursuant to [Contract name and number] between the Centers for Disease Control and Prevention and [Name of CDC Contractor] dated [date], employees of [Contractor] will have access to non-public information, including confidential and privileged information contained in Government-owned information technology systems. For purposes of this agreement, confidential information means Government information that is not or will not be generally available to the public. Privileged information means information which cannot be disclosed without the prior written consent of the CDC.

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

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

II. Procurement-Sensitive Information

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

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

III. Identification of Non-Government Employees

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

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

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

Employee’s name Name of Contractor Center or office affiliation Centers for Disease Control and Prevention C. At the beginning of telephone conversations or conference calls, Contractors’ employees will identify themselves as an employee of a Contractor.

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

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

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

Name of Contractor: ___________________________________

Signature of Authorized Representative of Contractor:_________________________________

Date:________________

Copies retained by: contracting official and Contractor

EXHIBIT II

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

I. Non-Public Information

I understand that in order to fulfill my responsibilities as an employee of [Name of CDC Contractor], I will have access to non-public information, including confidential and privileged information contained in Government-owned information technology systems. For purposes of this agreement, confidential information means Government information that is not or will not be generally available to the public. Privileged information means information which cannot be disclosed without the prior written consent of the CDC.

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

II. Procurement-Sensitive Information

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

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

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

In addition to complying with the non-disclosure requirements and safeguards stated above, I understand that my authorization to use CDC’s grants management and procurement systems is strictly limited to the access and functions necessary for the performance of my responsibilities to the CDC and…