2014-N-16435_DRAFT_RFP.pdf

PAGES

15A. NAME

AND

ADDRESS

OF

OFFEROR

SEC. PAGE(S) SEC. PAGE(S)

(Date) (Hour)

CALENDAR DAYS

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amend-ments to the SOLICITATION for offerors and related documents numbered and dated:

(Type or Print)

SOLICITATION, OFFER AND AWARD 1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

RATING

PAGE OF

1 44

2. CONTRACT NO.

3. SOLICITATION NO.

2014-N-16435

4. TYPE OF SOLICITATION

SEALED BID (IFB)

X NEGOTIATED (RFP)

5. DATE ISSUED

06/09/2014

6. REQUISITION/PURCHASE

NO.

00HCCA1B-2014-68593

7. ISSUED BY CODE 3635 8. ADDRESS OFFER TO (If other than Item 7)

Ctrs for Disease Control & Prevention PGH

Office of Acquisition Services, Branch 4

PO Box 18070, 626 Cochrans Mill Rd

Pittsburgh, PA 15236-0070

Centers for Disease Control & Prevention

PGO, Office of Acquisition Services, Branch 4

1095 Willowdale Road, Bldg. H, Room 604B

Morgantown, WV 26505 Approved as to Form and Legality: _____________________________

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

SOLICITATION

9. Sealed offers in original and copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in N/A until 1600 local time 07/16/2014

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

10. FOR INFORMATION

CALL:

A. NAME

Brance L. McCune, Jr

B. TELEPHONE (NO COLLECT CALLS)

AREA CODE NUMBER: EXT:

304-285-5882

C. E-MAIL ADDRESS

bmccune@cdc.gov

11. TABLE OF CONTENTS

(x) DESCRIPTION (x) DESCRIPTION

PART I – THE SCHEDULE PART II – CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM 1 X I CONTRACT CLAUSES 16

X B SUPPLIES OR SERVICES AND PRICES/COSTS 2 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

X C DESCRIPTION/SPECS./WORK STATEMENT 3 X J LIST OF ATTACHMENTS 23

X D PACKAGING AND MARKING 4 PART IV – REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE 5 REPRESENTATIONS, CERTIFICATIONS, AND

X F DELIVERIES OR PERFORMANCE 6 X K OTHER STATEMENTS OF OFFERORS 24

X G CONTRACT ADMINISTRATION DATA 7 X L INSTRS., CONDS., AND NOTICES TO OFFERORS 32

X H SPECIAL CONTRACT REQUIREMENTS 11 X M EVALUATION FACTORS FOR AWARD 39

OFFER (Must be fully completed by offeror) NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

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

10 CALENDAR DAYS

20 CALENDAR DAYS

30 CALENDAR DAYS

AMENDMENT NO. DATE AMENDMENT NO. DATE

CODE FACILITY 16. NAME AND ADDRESS OF PERSON AUTHORIZED TO SIGN OFFER

15B. TELEPHONE NO.

AREA CODE NUMBER EXT.

15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

17. SIGNATURE

18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT

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

21. ACCOUNTING AND APPROPRIATION

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( )

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 3635 25. PAYMENT WILL BE MADE BY CODE 434

Ctrs for Disease Control & Prevention PGH

Office of Acquisition Services, Branch 4

PO Box 18070, 626 Cochrans Mill Rd

Pittsburgh, PA 15236-0070

Centers for Disease Control and Prevention (FMO)

PO Box 15580 404-718-8100

Atlanta, GA 30333-0080

26. NAME OF CONTRACTING OFFICER (Type or print)

27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

28. AWARD DATE

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

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 33 (REV. 9-97)

PREVIOUS EDITION IS UNUSABLE Prescribed by GSA

FAR (48 CFR) 53.214©

K

Section B - Supplies Or Services And Prices/Costs

ITEM SUPPLIES / SERVICES QTY / UNIT UNIT PRICE EXTENDED PRICE

0001 Outreach and Education Services

The contractor will provide outreach and education services for the CDC/NIOSH World Trade Center Health Program.

Period of Performance: 15 September 2014 – 14 September 2015

1 Year

The Government anticipates multiple awards of firm-fixed price contracts resulting from this solicitation.

The Government anticipates awarding between five (5) and seven (7) contracts depending on total funding available.

Total current funding available is estimated not to exceed $2,500,000, however, the Government reserves the right to make more or less awards than referenced above.

ITEM SUPPLIES / SERVICES QTY / UNIT UNIT PRICE EXTENDED PRICE

0102 Outreach and Education Services

Option Period 1 - Outreach and Education

The contractor will provide outreach and education services for the CDC/NIOSH World Trade Center Health Program.

Subject to the Availability of Funds.

Period of Performance: 15 September 2015 – 14 September 2016

1 Year

Section C - Description/Specification/Work Statement

Performance Work Statement (PWS) to be proposed by the contractor and included as an attachment in Section J at the time of contract award.

See Section J- Attachment I Statement of Objectives.

Section D - Packaging And Marking

There are no clauses/provisions included in this section.

Section E - Inspection And Acceptance

FAR SOURCE TITLE AND DATE

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

E.1 Inspection and Acceptance (Jul 1999)

Inspection and Acceptance of the articles, services, and documentation called for herein shall be accomplished by the Contracting Officer, or his duly authorized representative (who for the purposes of this contract shall be the Contracting Officer’s Representative – COR) at the destination of the articles, services, or documentation.

(END OF CLAUSE)

Section F - Deliveries Or Performance

52.242-15 Stop Work Order (Aug 1989)

F.1 Period of Performance

The period of performance of the resultant contracts shall be as follows:

Base Period: 15 September 2014 – 14 September 2015

Option Period 1: 15 September 2015 – 14 September 2016

F.2 Deliverable Schedule

The following deliverable(s) shall be delivered to the Government as a part of contract performance. For reports, the contractor shall provide one (1) electronic copy to the designated Contracting Officer and Contracting Officer’s Representative.

Event Due Date

Kick-Off Meeting Within 1 month of award

Attend Outreach Coordination Meetings led by the Icahn School of Medicine at Mount Sinai Data Center

Bi-Weekly (COR will provide schedule upon award)

Attend Quarterly Outreach Meetings in New York City led by NIOSH/WTCHP Government Officials

Quarterly (COR will provide schedule upon award)

Schedule/Attend Bi-Weekly Meetings with the WTCHP Field Coordinator.

Will be scheduled upon award

Participate in WTCHP program-wide campaigns As Needed

Deliverable Due Date

Performance Work Statement – Final Upon Award

Submission of planned activities report with non-English speaking populations.

Upon Award – As scheduled thereafter.

Activities Report Bi-Annual (Date will be set upon award)

Final Report 120 days after completion of contract

Ad Hoc Reports As Required

**In addition to the Performance Work Statement, the offeror may propose other/alternate deliverables with its proposal.

F.3 Delivery of Reports

The Contractor shall submit one electronic copy of each of the reports as required by the contract to the designated Contracting Officer and Contracting Officer’s Representative.

Section G - Contract Administration Data

G.1 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.2 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.

G.3 Contractor Performance Assessment Reporting System (CPARS) Requirements (Apr 2013)

In accordance with FAR 42.15, the Centers for Disease Control and Prevention (CDC) will review and evaluate contract performance. FAR 42.1502 and 42.1503 requires agencies to prepare evaluations of contractor performance and submit them to the Past Performance Information Retrieval System (PPIRS). The CDC utilizes the Department of Defense (DOD) web-based Contractor Performance Assessment Reporting System (CPARS) to prepare and report these contractor performance evaluations. All information contained in these assessments may be used by the Government, within the limitations of FAR 42.15, for future source selections in accordance with FAR

15.304 where past performance is an evaluation factor.

The CPARS system requires a contractor representative to be assigned so that the contractor has appropriate input into the performance evaluation process. The CPARS contractor representative will be given access to CPARS and will be given the opportunity to concur or not-concur with performance evaluations before the evaluations are complete. The CPARS contractor representative will also have the opportunity to add comments to performance evaluations.

The assessment is not subject to the Disputes clause of the contract, nor is it subject to appeal beyond the review and comment procedures described in the guides on the CPARS website. Refer to: www.cpars.gov for details and additional information related to CPARS, CPARS user access, how contract performance assessments are conducted, and how Contractors participate. Access and training for all persons responsible for the preparation and review of performance assessments is also available at the CPARS website.

The contractor must provide the CDC contracting office with the name, e-mail address, and phone number of their designated CPARS representative who will be responsible for logging into CPARS and reviewing and commenting on performance evaluations. The contractor must maintain a current representative to serve as the contractor representative in CPARS. It is the contractor’s responsibility to notify the CDC contracting office, in writing (letter or email), when their CPARS representative information needs to be changed or updated. Failure to maintain current CPARS contractor representative information will result in the loss of an opportunity to review and comment on performance evaluations.

Provide the current CPARS representative information below.

PRINT OR TYPE NAME

EMAIL ADDRESS AND PHONE NUMBER

[End of Provision]

G.4 Contract Communications/Correspondence (Jul 1999)

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

(End of Clause)

G.5 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

G.6 Invoice Submission - (Mar 2006)

(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

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 COTR 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

G.8 Payments/Payment Schedule

The total of the work to be performed by the contractor under this contract is firm-fixed price at $(see Section B).

Subject to the provisions of the clause entitled “Payments (Apr 1984) of Section I, payments shall be made in TBD for work accepted by the Government. All vouchers shall reflect itemized cumulative totals of billings to the date of that voucher.

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 (Jul 1999)

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

(End of Clause)

H.3 Representations, Certifications and Other Statements of Offerors (Jul 1999)

The Representations, Certifications and Other Statements of Offerors submitted by ORCA dated [offeror insert ORCA date if submission of representations and certifications via ORCA is applicable] are hereby incorporated by reference, with the same force and effect as if they were given in full text.

H.4 Dissemination of Information (May 1998)

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

H.5 Identification of Data (May 1998)

The Contractor shall identify the technical data delivered to the Government as required by this contract with the number of the contract and the name and address of the Contractor or subcontractor that generated the data.

H.6 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 Contracting Officer’s Technical Representative for review and comment prior to publication or dissemination.

H.7 Record Retention

The Contractor is responsible for records retention and CDC/NIOSH is not implementing a document destruction program authorizing the destruction of medical documents. However, in an effort to reduce associated costs for storing medical documents, the Department of Justice (DOJ) has agreed that electronic imaging is an acceptable method of storage. This provides contractors the opportunity to destroy the paper documents, as long as the following conditions are met:

(1) Contractors must certify the image is absolutely an identical replication of the paper document in every way;

(2) The scanned image becomes the record keeping copy and is verified and documented as an identical replication of the paper document; and

(3) Contractors must maintain accessibility and the ability to read the document in accordance with changes in technology.

Under no circumstances are contractors to destroy the only copy of any information, data, or files that CDC/NIOSH, DOJ, DHHS' Office of General Counsel or the OIG have identified as relating to a current investigation or litigation/negotiation, ongoing Workers' Compensation set aside arrangements, or documents which prompt suspicions of fraud or abuse of over utilization of services. Contractors can either retain the image copy or the hardcopy. This will satisfy evidentiary needs and discovery obligations critical to the agency's litigation interest.

H.8 Use of Government Data (Reports/Files/Computer Tapes or Discs)

Any data given to the contractor by the Government shall be used only for the performance of the contract unless the Contracting Officer specifically permits another use, in writing. Should the Contracting Officer permit the contractor the use of Government-supplied data for a purpose other than solely for performance of this contract and if such use could result in a commercially viable product, the Contracting Officer and the contractor must negotiate a financial benefit to the Government. This benefit should most often be in the form of a reduction in the price of the contract; however, the Contracting Officer may negotiate any other benefits he/she determines are adequate compensation for the use of these data.

Upon the request of the Contracting Officer or the expiration date of this contract, whichever shall come first, the contractor shall, upon instructions from the Contracting Officer, return or destroy all data given to the contractor by the Government. However, the Contracting Officer may direct that the data be retained by the contractor for a specific period of time, which period shall be subject to agreement by the contractor. Whether the data are returned, retained, or destroyed shall be the decision of the Contracting Officer with the exception that the contractor may refuse to retain the data. The contractor shall retain no data, copies of data, or parts thereof, in any form, when the Contracting Officer directs that the data be returned or destroyed. If the data are to be destroyed, the contractor shall directly furnish evidence of such destruction in a form the Contracting Officer shall determine is adequate.

H.9 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.

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

H.10 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 in full text in Section I, are as follows:

To be determined by COR

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 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 decide the authorship in any conference presentations, publications, and reports based on the present dataset.

H.11 Section 508 Compliance

Electronic and Information Technology Accessibility Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), as amended by the Workforce Investment Act of 1998, and the Architectural and Transportation Barriers Compliance Board Electronic and Information (EIT) Accessibility Provisions (36 CFR part 1194), require that, unless an exception applies, all EIT products and services developed, acquired, maintained, or used by any Federal department or agency permit:

(1) Federal employees with disabilities to have access to and use information and data that is comparable to the access and use of information and data by Federal employees who are not individuals with disabilities; and

(2) Members of the public with disabilities seeking information or services from a Federal agency to have access to and use of information and data that is comparable to the access and use of information and data by members of the public who are not individuals with disabilities.

Accordingly, any organization submitting a quotation in response to this solicitation must demonstrate compliance with the established EIT accessibility provisions. Information about Section 508 provisions is available at http://www.section508.gov/. The complete text of Section 508 Final Provisions can be accessed at http://www.access- board.gov/sec508/provisions.htm

The Section 508 standards applicable to this solicitation will be identified by the Offerors in their proposals. In order to facilitate the Government’s evaluation to determine whether EIT products and services proposed meet applicable Section 508 accessibility standards, Offerors must prepare an HHS Section 508 Product Assessment Template, in accordance with its completion instructions, and provide a binding statement of conformance. The purpose of the template is to assist HHS acquisition and program officials in determining that EIT products and services proposed support applicable Section 508 accessibility standards. The template allows vendors or developers to self-evaluate their products or services and document in detail how they do or do not conform to a specific Section 508 standard. Instructions for preparing the HHS Section 508 Product Assessment Template may be found at http://508.hhs.gov.

CDC assumes the applicable standards for this project are 36 CFR 1194.21, 1194.22, 1194.31, and 1194.41.

However, the HHS Product Assessment Template should be filled out in full and submitted with the proposal.

Respondents to this solicitation must also provide any additional detailed information necessary for determining applicable Section 508 standards conformance, as well as for documenting EIT products and/or services that are incidental to the project, which may constitute an exception to Section 508 requirements. If an Offeror claims its products and/or services, including EIT deliverables such as electronic documents and reports, meet applicable Section 508 standards in its completed HHS Section 508 Product Assessment Template, and it is later determined by the Government – i.e., after award of the contract, that products and/or services delivered do not conform to the described accessibility in the Product Assessment Template, remediation of the products and/or services to the level of conformance specified in the Offeror’s Product Assessment Template will be the responsibility of the Offeror at its own expense.

H.12 Electronic and Information Technology (May 2006)

For the purposes of this clause, “HHS” refers to the Department of Health and Human Services. “CDC” refers to the Centers for Disease Control and Prevention (CDC) to include the Agency for Toxic Substances and Disease Registry (ATSDR).

When acquiring EIT, agencies must ensure that –

(1) Federal employees with disabilities have access to and use of information and data that is comparable to the access and use by Federal employees who are not individuals with disabilities; and

(2) Members of the public with disabilities seeking information or services from an agency have access to and use of information and data that is comparable to the access to and use of information and data by members of the public who are not individuals with disabilities; and

(3) Unless and exception at 39.204 applies, acquisitions of EIT supplies and services must meet the applicable accessibility standards at 36 CFR Part 1194.

Exception determinations are required prior to contract award, except for indefinite-quantity contracts (see paragraph (b)(2) of FAR 39.2).

H.13 Key Personnel (Dec 2002)

The key personnel cited below are considered essential to the work performed under the contract. If these individuals leave the Contractor’s employ or are reassigned to other programs, the Contractor shall notify the Contracting Officer reasonably in advance and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the program. The Contractor shall not replace or divert any key personnel without the written consent of the Contracting Officer. The Government may modify the contract to add or delete key personnel at the request of the contractor or Government. If a suitability determination of the approved substituted key personnel is required, the contractor shall comply with the instructions in clause titled “Suitability Determination Requirements (Nov 2002)” to obtain the determination.

Name Labor Category Program Manager

H.14 CDC100.0001 Needle Exchange (May 2013)

No funds appropriated in the FY14 Appropriations Act and obligated to this contract may be used to carry out any program of distributing sterile needles or syringes for the hypodermic injection of any illegal drug.

(End of clause)

H.15 Conditions of Performance

In addition to the performance requirements of this contract set forth under Section C, Description/Specifications, Work Statement, the Contractor may be required to comply with the requirements of any revisions in legislation or regulations, which may be enacted or implemented during the period of performance of this contract, and are directly applicable to the performance requirements of this contract. In the event that revisions in legislation or regulations are enacted and do impact the performance requirements of this contract, the Contractor will have an opportunity to assess the cost and schedule impacts of such revisions and will, when applicable, be provided an equitable adjustment subject to the negotiated indirect cost ceiling(s) established in the contract.

Section I - Contract Clauses

Section I-1 - Clauses Incorporated By Reference

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

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

http://www.acqnet.gov http://farsite.hill.af.mil/

I.2 FAR 52.252-6 Authorized Deviations in Clauses (Apr 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any Health and Human Services Acquisition Regulation (48 CFR Chapter 3) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

52.202-1 Definitions (Nov 2013)(Deviation)(HHSAR 352.202-1)(Jan 2006)

52.203-3 Gratuities (Apr 1984)

52.203-5 Covenant against Contingent Fees (Apr 1984)

52.203-6 Restrictions on Subcontractor Sales to the Government (Sep 2006)

52.203-7 Anti-Kickback Procedures (Oct 2010)

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (Jan 1997)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (Jan 1997)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Oct 2010)

52.203-13 Contractor Code of Business Ethics and Conduct (Apr 2010)

52.204-4 Printed or Copied Double-Sided on Recycled Paper (May 2011)

52.204-7

52.204-6

52.204-12

52.204-13

System for Award Management (Jul 2013)

Data Universal Numbering System Number (Jul 2013)

Data Universal Numbering System Number Maintenance (Dec 2012)

System for Award Management Maintenance (Jul 2013)

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations – Representation (May 2011)

52.209-5 Certification regarding Responsibility Matters (Apr 2010)

52.209-7 Information Regarding Responsibility Matters (Jul 2013)

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013)

52.215-2 Audit and Records - Negotiation (Oct 2010)

52.215-8 Order of Precedence - Uniform Contract Format (Oct 1997)

52.215-10 Price Reduction for Defective Cost or Pricing Data (Aug 2011)

52.215-11 Price Reduction for Defective Cost or Pricing Data - Modifications (Aug 2011)

52.215-12 Subcontractor Cost or Pricing Data (Oct 2010)

52.215-13 Subcontractor Cost or Pricing Data - Modifications (Oct 2010)

52.215-14 Integrity of Unit Prices (Oct 2010)

52.215-15 Pension Adjustments and Asset Reversions (Oct 2010)

52.215-16 Facilities Capital Cost of Money (Jun 2003)

52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other Than Pensions (Jul 2005)

52.215-21 Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data

- Modifications (Oct 2010)

52.215-23 Limitations on Pass-Through Charges (Oct 2009)

52.217-8 Option to Extend Services (Nov 1999) [30 days from expiration of current performance period]

52.217-9 Option to Extend the Term of the Contract (Mar 2000) [30 days from expiration of current performance period]

52.219-8 Utilization of Small Business Concerns (Jul 2013)

52.222-3 Convict Labor (Jun 2003)

52.222-21 Prohibition of Segregated Facilities (Feb 1999)

52.222-25 Affirmative Action Compliance (Apr 1984)

52.222-26 Equal Opportunity (Mar 2007)

52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2010)

52.222-36 Affirmative Action for Workers With Disabilities (Oct 2010)

52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2010)

52.222-38

52.222-40

Compliance with Veterans’ Employment Reporting Requirements (Sep 2010)

Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)

52.222-50 Combating Trafficking in Persons (Feb 2009)

52.222-54 Employment Eligibility Verification (Aug 2013)

52.223-6 Drug-Free Workplace (May 2001)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011)

52.225-13 Restrictions on Certain Foreign Purchases (Jun 2008)

52.227-1 Authorization and Consent (Dec 2007)

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (Dec 2007)

52.227-11 Patent Rights -- Ownership by the Contractor (Dec 2007)

52.227-14 Rights in Data - General (Dec 2007)

52.227-23 Right to Proposal Data (Technical) (Jun 1987)

52.228-7 Insurance -- Liability to Third Persons (Mar 1996)

52.230-2 Cost Accounting Standards (May 2012)

52.230-6 Administration of Cost Accounting Standards (Jun 2010)

52.232-1 Payments (Apr 1984)

52.232-9 Limitation on Withholding of Payments (Apr 1984)

52.232-17 Interest (Oct 2010)

52.232-23 Assignment of Claims (Jan 1986)

52.232-25 Prompt Payment (Jul 2013) – Alternate I (Feb 2002)

52.232-33 Payment by Electronic Funds Transfer—System for Award Management (Jul 2013)

52.233-1 Disputes (July 2002)

52.233-3 Protest After Award (Aug 1996) – Alternate I (Jun 1985)

52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004)

52.237-3 Continuity Of Services (Jan 1991)

52.237-7 Indemnification and Medical Liability Insurance (Jan 1997)

52.237-10 Identification of Uncompensated Overtime (Oct 1997)

52.239-1 Privacy or Security Safeguards (Aug 1996)

52.242-13

52.243-1

Bankruptcy (Jul 1995)

Changes – Fixed Price (Aug 1987)

52.244-2 Subcontracts (Oct 2010) – Alternate I (Jun 2007)

52.244-5 Competition in Subcontracting (Dec 1996)

52.244-6 Subcontracts for Commercial Items (Dec 2013)

52.245-1 Government Property (Apr 2012)

52.245-9

52.246-4

Use and Charges (Apr 2012)

Inspection of Services – Fixed Price (Aug 1996)

52.246-25 Limitation of Liability - Services (Feb 1997)

52.248-1

52.249-2

Value Engineering (Oct 2010)

Termination for Convenience of the Government (Fixed Price) (Apr 2012)

52.249-8 Default (Fixed Price Supply and Service) (Apr 1984)

52.249-14 Excusable Delays (Apr 1984)

52.252-3 Alterations in Solicitation (Apr 1984)

52.253-1 Computer Generated Forms (Jan 1991)

HHSAR SOURCE TITLE AND DATE

352.201-70 Paperwork Reduction Act (Jan 2006)

352.202-1 Definitions (Jan 2006)

352.203-70 Anti-Lobbying (Jan 2006)

352.216-70 Additional Cost Principles (Jan 2006)

352.219-70 Mentor-Protégé Program (Jan 2010)

352.222-70 Contractor Cooperation in Equal Employment Opportunity Investigations (Jan 2010)

352.223-70 Safety and Health (Jan 2006)

352.224-70 Privacy Act (Jan 2006)

352.227-70 Publications and Publicity (Jan 2006)

352.233-71

352.239-71

352.239-72

Litigation and Claims (Jan 2006)

Standard for Encryption Language (Jan 2010)

Security Requirements for Federal Information Technology Resources (Jan 2010)

352.239-73 Electronic Information and Technology Accessibility (Jan 2010)

352.242-70 Key Personnel (Jan 2006)

352.242-73 Withholding of Contract Payments (Jan 2006)

352.242-74 Final Decisions on Audit Findings (Apr 1984)

Section I-2 - Clauses Incorporated In Full Text

I.3 FAR 52.203-14 – Display of Hotline Poster(s) (Dec 2007)

(a) Definition.

“United States,” as used in this clause, means the 50 States, the District of Columbia, and outlying areas.

(b) Display of fraud hotline poster(s). Except as provided in paragraph (c)—

1. During contract performance in the United States, the Contractor shall prominently display in common work areas within business segments performing work under this contract and at contract work sites—

a) Any agency fraud hotline poster or Department of Homeland Security (DHS) fraud hotline poster identified in paragraph (b)(3) of this clause; and

b) Any DHS fraud hotline poster subsequently identified by the Contracting Officer.

2. Additionally, if the Contractor maintains a company website as a method of providing information to employees, the Contractor shall display an electronic version of the poster(s) at the website.

3. Any required posters may be obtained as follows:

Poster(s) Obtain From

To be completed at time of award

Contracting Officer shall insert—

a) Appropriate agency name(s) and/or title of applicable Department of Homeland Security fraud hotline poster; and

b) The website(s) or other contact information for obtaining the poster(s).

(c) If the Contractor has implemented a business ethics and conduct awareness program, including a reporting mechanism, such as a hotline poster, then the Contractor need not display any agency fraud hotline posters as required in paragraph (b) of this clause, other than any required DHS posters.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in all subcontracts that exceed $5,000,000, except when the subcontract—

1. Is for the acquisition of a commercial item; or

2. Is performed entirely outside the United States.

I.4 52.215-19 -- Notification of Ownership Changes (Oct 1997)

(a) The Contractor shall make the following notifications in writing:

(1) When the Contractor becomes aware that a change in its ownership has occurred, or is certain to occur, that could result in changes in the valuation of its capitalized assets in the accounting records, the Contractor shall notify the Administrative Contracting Officer (ACO) within 30 days.

(2) The Contractor shall also notify the ACO within 30 days whenever changes to asset valuations or any other cost changes have occurred or are certain to occur as a result of a change in ownership.

(b) The Contractor shall --

(1) Maintain current, accurate, and complete inventory records of assets and their costs;

(2) Provide the ACO or designated representative ready access to the records upon request;

(3) Ensure that all individual and grouped assets, their capitalized values, accumulated depreciation or amortization, and remaining useful lives are identified accurately before and after each of the Contractor’s ownership changes; and

(4) Retain and continue to maintain depreciation and amortization schedules based on the asset records maintained before each Contractor ownership change.

(c) The Contractor shall include the substance of this clause in all subcontracts under this contract that meet the applicability requirement of FAR 15.408(k).

I.5 FAR 52.219-28 Post-Award Small Business Program Representation (Apr 2012)

(a) Definitions. As used in this clause--

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is “not dominant in its field of operation” when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts—

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/services/contractingopportunities/sizestandardstopics/ .

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the rerepresentation required by paragraph (b) of this clause by validating or updating all its representations in the Online Representations and Certifications Application and its data in the Central Contractor Registration, as necessary, to ensure they reflect the

Contractor’s current status. The Contractor shall notify the contracting officer in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in ORCA, or does not have a representation in ORCA for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code ______________ assigned to contract number ______________.[Contractor to sign and date and insert authorized signer's name and title].

I.6 HHSAR 352.239.70 Standard for Security Configurations (January 2010)

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

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

(c) The Contractor shall ensure IT applications operated on behalf of HHS are fully functional and operate correctly on systems configured in accordance with the above configuration requirements. The Contractor shall use Security Content Automation Protocol (SCAP)-validated tools with FDCC Scanner capability to ensure its products operate correctly with FDCC configurations and do not alter FDCC settings – see http://scap.nist.gov/validation/. The Contractor shall test applicable product versions with all relevant and current updates and patches installed. The Contractor shall ensure currently supported versions of information technology products meet the latest FDCC major version and subsequent major versions.

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

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

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

4.13, Personal Identity Verification.

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

Section J - List Of Attachments

Section J – Attachment I – Statement of Objectives

Section K - Representations, Certifications, And Other Statements Of Offerors

K.1 To Be Completed by the Offeror: [THE REPRESENTATIONS AND CERTIFICATIONS MUST BE

EXECUTED BY AN INDIVIDUAL AUTHORIZED TO BIND THE OFFEROR]

The Offeror makes the following Representations and Certifications as part of its proposal (check or complete all appropriate boxes or blanks on the following pages).

(Name of Offeror) (RFP No.)

(Signature of Authorized Individual) (Date)

(Typed Name of Authorized Individual)

Note: The penalty for making false statements in offers is prescribed in 18 U.S.C. 101.

K.2 FAR 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (Sep 2007)

Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (Sept 2007)

(a) Definitions. As used in this provision—“Lobbying contact” has the meaning provided at 2 U.S.C. 1602(8). The terms “agency,” “influencing or attempting to influence,” “officer or employee of an agency,” “person,” “reasonable compensation,” and “regularly employed” are defined in the FAR clause of this solicitation entitled “Limitation on Payments to Influence Certain Federal Transactions” (52.203-12).

(b) Prohibition. The prohibition and exceptions contained in the FAR clause of this solicitation entitled “Limitation on Payments to Influence Certain Federal…