RFP__2018-N-67631.doc

SOLICITATION, OFFER AND AWARD

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

RATING

PAGE OF

2. CONTRACT NO.

3. SOLICITATION NO.

2018-N-67631

4. TYPE OF SOLICITATION

X

NEGOTIATED (RFP)

5. DATE ISSUED

04/05/2018

Amendmen0001

6. REQUISITION/PURCHASE NO.

TBD

Centers for Disease Control and Prevention

Office of Acquisition Services (OAS)

2920 Brandywine Rd, RM 3000

Atlanta, GA 30341-5539

Approved as to Form and Legality: _____________________________

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

SOLICITATION

9. Sealed offers in original and 6 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 Section L, L.9 until 10:00am local time May 15, 2018 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

Tonya S. Justice

B. TELEPHONE (NO COLLECT CALLS)

AREA CODE NUMBER: EXT:

(770)488-3282

C. E-MAIL ADDRESS

wzo1@cdc.gov

11. TABLE OF CONTENTS

(x)

DESCRIPTION

(x)

DESCRIPTION

X

REPRESENTATIONS, CERTIFICATIONS, AND

OFFER (Must be fully completed by offeror)

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

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

13. DISCOUNT FOR PROMPT PAYMENT

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

10 CALENDAR DAYS

20 CALENDAR DAYS

30 CALENDAR DAYS

CODE

FACILITY

16. NAME AND ADDRESS OF PERSON AUTHORIZED TO SIGN OFFER

15B. TELEPHONE NO.

AREA CODE NUMBER EXT.

15C. CHECK IF REMITTANCE ADDRESS

SUCH ADDRESS IN SCHEDULE.

17. SIGNATURE

18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED

20. AMOUNT

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

21. ACCOUNTING AND APPROPRIATION

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

Centers for Disease Control and Prevention

Office of Acquisition Services (OAS)

2920 Brandywine Rd, RM 3000

Atlanta, GA 30341-5539

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©

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

To be performed as outlined in the Performance Work Statement (PWS) and specifically ordered through individual task orders.

Estimated Period of Performance:

09/10/2018 – 09/09/2023

The ceiling price for this IDIQ contract is $10,000,000.00.

B.1 Purpose The purpose of this contract is to provide services that fall within the scope of the work specified in Section C for the project entitled, “Mission Support for the Preparation of Toxicological Profiles” The Contracting Officer (CO) will request the work through the issuance of task orders during the ordering period as specified in Section F of the contract. The Government intends to make multiple awards as a result of this RFP.

B.2 Contract Type and Services

This is a ‘Full and Open’ competitive procurement. This acquisition is being competed in accordance with FAR Part 15 - Contracting by Negotiation. The NAICS Code is 541690, Other Scientific and Technical Consulting Services, with a business size standard of $15.0 million.

This is an Indefinite- Delivery Indefinite- Quantity contract (IDIQ) utilizing individual task orders to provide mission support for the preparation of toxicological profiles. The Government will issue task orders that are Fixed-Price (FP) or Time-and-Materials/Labor Hours (T&M/LH).

Obligation of funds will be done by the issuance of individual task orders by the Contracting Officer in accordance with the clause titled “Award of Task Orders” in Section H and FAR clause 52.216-18 titled “Ordering” in Section I. The Contractor shall not exceed the amount negotiated for each individual task order without prior written approval of the Contracting Officer.

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

At the time of award, the Government shall issue one task order (see Attachments J6 and Section L herein) upon award of this IDIQ. The task order will be issued with a specific performance period.

B.3 Performance-Based Preference

Pursuant to FAR 37.102(a) (1), the Contracting Officer will use performance-based acquisition methods to the maximum extent practicable. The government anticipates making multiple awards.

B.4 Minimum and Maximum Ordering Amounts

Minimum Single Order Amount: $5,000.00 Maximum Single Order Amount: $2,000,000.00 The ceiling price for this contract (i.e. cumulative value of all task orders) is $10,000,000.

B.5 Minimum Guarantee

This contract guarantees that task order(s) amounting to a minimum of five thousand dollars ($5,000) will be issued during the first 12 months of the contract period of performance. In the event the contractor receives obligations of less than this minimum, during the first 12 months, the Government will fund the difference between the actual obligation and the guaranteed minimum. Once a task order is issued for $5,000 or more in the first 12 months of the period of performance, the government has satisfied its minimum guarantee.

B.6 Maximum Contract Value

The aggregate maximum value of all combined awards made under this solicitation shall not exceed $10,000,000.00. If the Government's requirements for services set forth in the solicitation do not result in orders in the amounts described as “maximum," the event shall not constitute the basis for an equitable price adjustment under this contract.

B.7 Task Order Pricing

Task orders issued under this contract may be Fixed-Price, or Time-and-Materials/Labor Hours.

B.7.1 Firm Fixed Price (FFP)

Pursuant to FAR 15.4, Pricing, and FAR 16.2, Fixed-Price Contracts, the Firm-Fixed Price for each task order will be negotiated based on the price to complete the work. After acceptance of a fixed price task order by the Contractor, the task order price will only be adjusted to reflect changes in scope or conditions.

B.7.2 Time and Materials/Labor-Hour (T&M/LH)

The basic contract shall provide loaded hourly labor rates for T&M and LH type orders. When labor-hour or T&M type task orders are used, the fair and reasonable pricing will be determined in accordance with FAR 15.4, Pricing, and FAR 16.601, Time and Materials Contracts.

B.8 Travel Pricing

Travel will be reimbursed at actual cost in accordance with the limitations set forth in FAR 31.205-46. Profit shall not be applied to travel costs. Contractors may apply G&A to travel in accordance with the Contractor’s usual accounting practices consistent with FAR 31.2. Travel expenses may be identified under a separate CLIN which will be a cost reimbursable CLIN on the specific task order.

B.9 Place of Work and Government-Furnished Equipment

All work under the contract shall be performed off-site at the Contractor’s location.

In the event off-site work shall require the Contractor to have access to CDC’s network, the CDC will not provide IT equipment. The computers used by Contractor personnel shall meet CDC’s standard software and security configuration before logging onto CDC’s network.

B.10 Non-Personal Services Contract Statement

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

B.11 Service Contract Act

The Toxicological Profiles contract labor categories are considered professional labor and is generally exempt from the Service Contract Act. However, each task order will be reviewed for applicability.

B.12. Contract Structure The basic contract will establish the general scope and ordering period for task orders to be issued against this contract. The term of this IDIQ contract is 60 months. It is anticipated that multiple task orders will be issued to the contractors to work on areas identified in the Scope of Work. Each task order shall have a discrete period of performance independent of the basic contract and no task order shall extend more than twelve (12) months beyond the expiration date of the basic contract.

Individual task orders exceeding $3,500 will be competed in accordance with the fair opportunity process described in FAR 16.505(b)(1) unless an exception to fair opportunity is documented in accordance with FAR 16.505(b)(2). All tasks orders will be solicited by email. Contractors will have a minimum of 14 days to respond.

SECTION C – DESCRIPTION/SPECIFICATION/WORK STATEMENT

PERFORMANCE WORK STATEMENT (PWS)

Title of Project: Mission Support for the Preparation of Toxicological Profiles C.1 Background and Need

This procurement is entitled Mission Support Services for Preparation of Toxicological Profiles and associated documents. Profiles are developed in response to the Superfund Amendments and Reauthorization Act (SARA) of 1986 which amended the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA or Superfund). Under the authority of Section 104 of CERCLA, as amended by Section 110 (P.L. 99‑499) of SARA, the Agency for Toxic Substances and Disease Registry (ATSDR) and the Environmental Protection Agency (EPA) are required to establish guidelines for the development of toxicological profiles. The development of toxicological profiles and other scientific documents continue to support federal, state and local health professionals, public health assessors, and numerous groups and individuals in understanding the potential for human exposure to various hazardous substances.

The purpose of this procurement is to support ATSDR in the preparation of toxicological profiles and associated documents on hazardous substances found at facilities on the EPA National Priorities List. Substances for profile development are selected from the ATSDR Substance Priority List (www.atsdr.cdc.gov/spl). Other substances not on the list may also be selected based on public health needs, as determined by ATSDR. Support provided under this procurement may include coordination of the production of the profile, as well as analysis, technical assistance, and support concerning projects directly related to the development of the profiles and significant human exposure levels (SHELs) or Minimal Risk Levels (MRLs) and other scientific documents.

The profile must also focus on important data needs that preclude the determination of significant levels of human exposure or that contribute substantially to the uncertainty of such levels. The quality of such data must be assessed in order to support the determination of levels of significant human exposure. Where major gaps in the supporting data exist, those data needs must be identified in the toxicological profiles.

Under Section 104 of CERCLA as amended by Section 110 of SARA, the toxicological profiles must contain, at a minimum, the following information:

An examination, summary, and interpretation of available toxicological information and epidemiologic evaluations on a hazardous substance in order to ascertain the levels of significant human exposure for the substance and the associated acute, subchronic, and chronic health effects.

A determination of whether adequate information on the health effects of each substance is available or in the process of development to determine levels of exposure which present a significant risk to human health of acute, subchronic, and chronic health effects.

Where appropriate, an identification of toxicological testing needed to identify the types or levels of exposure that may present significant risk of adverse health effects in humans.

Under the provisions of CERCLA, Section 104 as amended by SARA, Section 110, ATSDR has sole responsibility for the development and publication of all toxicological profiles and will sponsor the work and serve as project oversight. In addition, the profiles will undergo an independent peer review and be made available in draft form to the public for comment. ATSDR will be referred to as the Government in the work requirements.

C.2 Project Objective

The purpose of this indefinite delivery, indefinite quantity (IDIQ)contract is to develop toxicological profiles and associated documents as mandated by the Superfund Amendments and Reauthorization Act (SARA) of 1986.

C.3 Scope of Work

The Contractor shall as an independent organization and not as part of the Government, provide all necessary qualified personnel, labor, facilities, equipment, materials, supplies, supervision, and other incidentals to perform the work described below unless otherwise stated in the Performance Work Statement.

The contractor shall complete the work objectives/requirements in the mission support for the preparation scientifically accurate toxicological profiles and associated documents.

The unique nature, scope, and complexity of the scientific, technical, expert, operational, and logistical services needed to support ATSDR’s toxicological profile development will vary from project to project.

C.4 General Requirements Below are general descriptions of tasks required. Each individual task order will identify specific requirements pertaining to that task order.

Task Area 1: Literature Review Conduct a search and retrieval of literature for the Government related to review and analysis of studies for the development of toxicological profiles and related documents.

Task Area 2: Pre-Public Comments Develop pre-public comment draft toxicological profiles and related documents. Conduct an examination, summary, and interpretation of available toxicological information, epidemiologic evaluations, and other information on hazardous substances and prepare scientifically accurate toxicological profiles in accordance with the guidance provided by the Government and utilizing a systematic review approach.

Task Area 3: Post-Public Comments Develop post-public comment final toxicological profiles in accordance with the guidance provided by the Government, which includes responding to all public comments submitted for each toxicological profile.

Task Area 4: Tox FAQs Develop ToxFAQs, ToxGuides and/or other chemical consultations and evaluations as needed.

C.5 Reporting Schedule

A. Monthly Reporting: The contractor shall be required to provide a monthly progress report which will present a list of deliverables, approved time lines and milestones, problems anticipated or experienced, key events of the month and those projected for the coming month. These events should include profile reports and coordination of peer review schedules, and a narrative of performance in literature review and staff utilization. It must focus on project highlights and present anticipated progress in all facets of the Statement of Work. Required reports shall be submitted to the Government COR.

B. Conference Calls: Depending on the nature of each task order, regular conference calls may be required.

C.6 Special Requirements

Contractor Travel

The Contractor may be required to travel to accomplish project/site activities. All work projects, tasks and requests and associated costs that involve travel by Contractor personnel, including subcontractors and consultants, must be approved by the ATSDR COR before travel begins.

The Contractor shall comply with FAR 31.205-46 Travel Costs. Accordingly, travel costs shall not exceed the maximum per diem rates set forth in the Federal Travel Regulation (FTR) unless written approval is obtained from the Contracting Officer before incurring travel costs in accordance with FAR 31.205-46 procedures. The FTR per diem rates and regulations are available at the following web site:

http://www.gsa.gov/portal/category/100120 Unless the task order stipulates otherwise, travel will be included in a separate CLIN and will be cost reimbursable. Accordingly, the contractor shall submit receipts for airfare, lodging, car rentals, and other incidental expenses as applicable when submitting invoices which include travel costs.

C.7 Special Considerations

Contractor performance and resulting deliverables must adhere to all federal, HHS, and CDC IT security and privacy policies, standards and procedures.

A. All data generated under this contract is the property of CDC.

B. Technical Considerations

INFORMATION TECHNOLOGY (IT) SECURITY

Contractor performance and resulting deliverables must adhere to all federal, HHS, and/or CDC IT security policies and procedures. Development or implementation of any federal information system or any electronic data collection effort conducted in the performance of this contract will be required to complete Security Authorization (also known as “C&A”) prior to operation resulting in an Authority of Operate (ATO) from CDC. The contractor shall be required to complete all security documentation and materials necessary to obtain and maintain an ATO. The contractor shall comply with all applicable HHS, CDC, FISMA, HIPPA, NIST, and other federal policies and regulations in the performance of the security requirements.

All information systems developed, implemented, or maintained in support of this contract must adhere to the security controls outlined in the National Institute of Standards and Technology (NIST) Special Publication 800-53, Recommended Security Controls for Federal Information Systems and Organizations (as of the date of the SOW review, the current version can be found at http://csrc.nist.gov/publications/PubsSPs.html) and NIST 800-53A, Guide for Assessing the Security Controls in Federal Information Systems and Organizations.

The Contractor must follow the guidance available from NIST and other recognized sources, including:

· NIST Special Publication 800-60, Guide for Mapping Types of Information and Information Systems to Security Categories Vol. 1 (http://csrc.nist.gov/publications/nistpubs/800-60-rev1/SP800-60_Vol1-Rev1.pdf) and Vol. 2 (http://csrc.nist.gov/publications/nistpubs/800-60-rev1/SP800-60_Vol2-Rev1.pdf).

· NIST Special Publication 800-63, Electronic Authentication Guideline (http://csrc.nist.gov/publications/nistpubs/800-63/SP800-63V1_0_2.pdf)

SOCIAL MEDIA AND OTHER THIRD-PARTY WEBSITE USAGE

Use of any and all third-party / social media sites must be approved in advance, and comply with HHS and CDC policies, procedures and best practices (including security and privacy) such as those found at: http://www.hhs.gov/web/socialmedia/ and http://www.cdc.gov/SocialMedia/Tools/guidelines/. Contractor will submit necessary documentation, in cooperation with the Project Officer, to obtain approval through designated CDC Social Media governance, as well as Information Security and Privacy Officers.

CAPITAL PLANNING AND INVESTMENT CONTROL/PROJECT MANAGEMENT

The Clinger-Cohen Act (CCA2) legislatively mandates the prudent management of IT investments. Capital Planning and Investment Control (CPIC) is a continuous and integrated process for managing the risks and returns of information technology (IT) investments. The CPIC process fully integrates with the CDC’s overall budget, finance, acquisition, strategic planning, enterprise architecture, security, and other relevant processes. CPIC also aligns with DHHS Enterprise Performance Life Cycle (EPLC) framework and is used for all IT related decisions.

The contractor will follow the EPLC framework which will provide a standard structure for planning, managing, and overseeing IT projects over their entire life cycle. The framework consists of ten life cycle phases. Within each phase, activities, responsibilities, reviews and deliverables are defined. Templates for the deliverables are available to the contractor after award. Exit criteria are established for each phase and Stage Gate reviews are conducted through CDC’s IT Governance process to ensure that the project’s management quality, soundness, and technical feasibility remain adequate and the project is ready to move forward to the next phase. All IT projects in support of this task must adhere to the EPLC requirements and pass each State Gate as appropriate. More information about EPLC can be found at http://www.hhs.gov/ocio/eplc/.

MOBILE APPLICATION DEVELOPMENT

All mobile applications must comply with CDC-related technical and security standards, processes and procedures as stated in the IT Security section of the RFTOP. In addition, the following considerations should be addressed in the proposal:

· The target platform(s) for the mobile application (e.g. iPhone, iPad, Android, Blackberry)

· Approach to 508 compatibility for the platform of choice

· If the mobile application will be made available in a related platform’s online store (e.g. iTunes, Android Market), the process for making it available in a desired store will be managed by and through CDC, resulting in a CDC branded mobile application. The contractor will also be responsible for ensuring the mobile application complies with all standards and specifications for the desired store.

WEB TECHNOLOGY

The contractor must follow CDC development standards and use the CDC web template package. The CDC Secure Web Application Coding Guidelines and CDC Template Package can be provided by the CDC Project Officer.

HHSAR Provision, 352.239-73: Electronic and Information Technology Accessibility Notice

(a) 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 Standards (36 CFR part 1194), require that when Federal agencies develop, procure, maintain, or use electronic and information technology, 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, unless an undue burden would be imposed on the agency. Section 508 also requires that individuals with disabilities, who are members of the public seeking information or services from a Federal agency, have access to and use of information and data that is comparable to that provided to the public who are not individuals with disabilities, unless an undue burden would be imposed on the agency.

(b) Accordingly, any offeror responding to this solicitation must comply with established HHS EIT accessibility standards. Information about Section 508 is available at http://www.hhs.gov/web/508. The complete text of the Section 508 Final Provisions can be accessed at http://www.access-board.gov/sec508/standards.htm.

(c) The Section 508 accessibility standards applicable to this contract are: 1194.21, .22, .31, and .41.

In order to facilitate the Government's determination whether proposed EIT supplies meet applicable Section 508 accessibility standards, offerors must submit an HHS Section 508 Product Assessment Template, in accordance with its completion instructions. The purpose of the template is to assist HHS acquisition and program officials in determining whether proposed EIT supplies conform to applicable Section 508 accessibility standards. The template allows offerors or developers to self-evaluate their supplies and documentation detail - whether they conform to a specific Section 508 accessibility standard, and any underway remediation efforts addressing conformance issues. Instructions for preparing the HHS Section 508 Evaluation Template are available under Section 508 policy on the HHS Web site http://hhs.gov/web/508.

In order to facilitate the Government's determination whether proposed EIT services meet applicable Section 508 accessibility standards, offerors must provide enough information to assist the Government in determining that the EIT services conform to Section 508 accessibility standards, including any underway remediation efforts addressing conformance issues.

(d) Respondents to this solicitation must identify any exception to Section 508 requirements. If an offeror claims its supplies or services meet applicable Section 508 accessibility standards, and it is later determined by the Government, i.e., after award of a contract or order, that supplies or services delivered do not conform to the described accessibility standards, remediation of the supplies or services to the level of conformance specified in the contract will be the responsibility of the Contractor at its expense.

(End of provision)

The contractor must protect the confidentiality of proprietary, sensitive, and Personally Identifiable Information (PII).

C.8 Government Furnished Property

Task Order Specific. The Government may at times provide for office space and use of Government property, software, and/or equipment, etc. as stipulated in specific Task Orders. The Contractor shall comply with CDC/ATSDR’s polices and guidelines that govern the relation between Government and Contract staff.

C.9 References

These documents provide explicit details on the Government requirements for the toxicological profiles and associated documents to be developed.

https://www.atsdr.cdc.gov/toxprofiles/guidance/profile_development_guidance.pdf Toxicological Profiles are available online at:

www.atsdr.cdc.gov/toxprofiles

Medical Management Guidelines are available online at:

www.atsdr.cdc.gov/substances/ToxEmergency.asp

ToxGuides are available online at:

www.atsdr.cdc.gov/toxguides

ToxFAQs are available online at:

www.atsdr.cdc.gov/toxfaqs (English) www.atsdr.cdc.gov/es/toxfaqs (Spanish)

Public Health Statements are available online at:

www.atsdr.cdc.gov/PHS/Index.asp (English) www.atsdr.cdc.gov/es/phs (Spanish)

Priority Data Needs documents are available online at:

www.atsdr.cdc.gov/pdns/

Substance Priority List www.atsdr.cdc.gov/spl

Criteria for Selecting Toxicological Profiles for Development https://www.atsdr.cdc.gov/toxprofiles/guidance/ATSDR_TP_Selection%20Criteria.pdf

EPA Benchmark Dose Software and Guidance www.epa.gov/ncea/bmds Governing Laws, Guidelines or Requirements:

Federal laws and guidelines that may have major impact on the requirements of this SOW include:

a. Human Subjects (HHS AP and HHSAR 370.301)

b. Federal Information Security Management Act of 2002 (FISMA).

c. The Privacy Act of 1974 - adequate administrative, operational, and technical security controls must be implemented to prevent unauthorized access to or disclosure of any personally identifiable information (PII) that will be accessed by the contractor.

d. Paperwork Reduction Act (PRA) C.10 Deliverables

Specific deliverables shall be determined at the task order level. In addition to specific reporting requirements defined in each Task Order issued, the Contractor shall furnish monthly progress reports detailing current status of each Task Order under the IDIQ. The report shall be narrative in form and shall include summary of progress towards completion of each Task Order and any problems encountered to date, including the Contractor’s assessment of the specific impact of such problems on scheduled date of completion of milestones.

C.11 Ownership Rights All records, files, analyses, models, and documents developed under this contract shall be the property of the CDC.

C.12 Quality Assurance Surveillance Plan (QASP) The QASP will be used to ensure that systematic quality assurance methods are used in the administration of the Performance-Based Service Contract (PBSC) standards included in this contract and describes the methodology by which the contractor’s performance will be monitored. The QASP will be defined at the task order level. The contractor shall be responsible for management and quality control actions necessary to meet the quality standards set forth in the task order. The Performance Standards and Surveillance Activity Checks defined in the QASP at the task order level shall be used by the COR in the technical administration of the QASP.

SECTION D - PACKAGING AND MARKING

Not Applicable

SECTION E - INSPECTION AND ACCEPTANCE

E.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 the address below:

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

E.2 Inspection and Acceptance (Jul 1999) Inspection and acceptance of the articles, services, and documentation called for herein shall be accomplished by the Contracting Officer, or his duly authorized representative (who for the purposes of this contract shall be the Contracting Officer’s Representative) at the destination of the articles, services or documentation.

(End of Clause)

SECTION F - DELIVERIES OR PERFORMANCE

F.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 the address below:

http://farsite.hill.af.mil/

F.2 Deliverable(s) Schedule (Jul 1999) The Contractor shall deliver to the Contracting Officer's Representative (COR), Contract Specialist and the Contracting Officer any reports or deliverables as may be specified in the individual task orders within the time frames specified.

F.3 Period of Performance (Contract and Task Orders) (Jul 1999)

(a) Contract:

The period of performance shall be sixty (60) months from the effective date of the contract.

The anticipated period of performance is 09/10/2018 – 09/09/2023.

(b) Task Orders:

Task orders may include options to be exercised at the discretion of the Government. The time for completion for each task order shall be determined under each individual task order through the mutual agreement of the parties involved. Task orders under this contract may be awarded by the Contracting Officer at any time within the contract period.

F.4 Place(s) of Performance (Jul 1999) The Contractor shall perform all work under this contract as determined by individual task orders in accordance with the Performance Work Statement.

(End of Clause)

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 Officer’s Representative (COR) (Sep 2009)

Performance of the work hereunder shall be subject to the technical directions of the designated Contracting Officer Representative (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.3 CDC42.0002 Evaluation of Contractor Performance Utilizing CPARS (April 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.

(End of Clause) 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 Research Records, Inspection and Consultation (Jul 1999)

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

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

(End of Clause)

G.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 entitled “ACH Vendor/Miscellaneous Payment Enrollment Form” (Attachment 3) to the address indicated below. Note: The form can either be found attached in Section J of this contract or a copy may be obtained by contacting the Contract Specialist or the CDC Financial Management Office at 404-718-8100.

(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 Payment (Performance-Based Services) Fixed Price Task Orders Only (Jul 1999)

(a) General

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

(b) Adjusting Payments

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

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

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

(End of Clause)

G.8 Invoice Submission

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

CDC

P.O. Box 15580 Atlanta, GA 30333

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 Contract Specialist.

(c) The Contractor is required to submit a copy of each invoice directly to the Contract Officer’s Representative concurrently with submission to the Contract Specialist.

, is not

(d) In accordance with 5 CFR part 1315 (Prompt Payment), CDC's Office of the Chief Financial Officer 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 (e)(1).

(13) DUNS + 4 Number

(End of Clause)

G.9 Payment (Time and Material and Labor Hours Task Orders) Invoices shall be submitted in accordance with FAR 52.232-7, Payments under Time-and-Materials and Labor-Hour Contracts.

G.10 Telework by Contractor (Feb 2015) Telework is the movement of contract performance from a CDC facility to a teleworker's residence or alternate work site. The Contractor's organizational decision to participate in telework is voluntary, and telework shall not increase the contract price. After contract award, telework arrangements shall be mutually agreed to in advance by the Contractor, the Contracting Officer, and the Project Officer. The Contractor shall submit written telework requests to the Contracting Officer in accordance with instructions provided by the Contracting Officer. The Contractor shall ensure the continuity of performance by Teleworkers and the monitoring of Teleworkers' time. CDC staff do not supervise contractor employees and do not approve or monitor contractor employees’ telework. Only the Contracting Officer has authority to approve telework arrangements on behalf of CDC.

Teleworkers shall use Government-Furnished Equipment (GFE) that has been properly configured for security by CDC’s Information Technology Services Office (ITSO). The Government's inability to provide GFE for telework shall preclude the use of telework but shall not constitute an excusable delay. The Government shall provide maintenance and technical support for GFE used by Teleworkers. A Teleworker's use of GFE and government information shall be for contractual performance only, and shall be protected from unauthorized access, disclosure, sharing, transmission, or loss. Teleworkers shall comply with CDC Policy No. CDCGA- 2005-02, "Use of CDC Information Technology Resources” (see http://aops-masiis.cdc.gov/Policy/Doc/policy90.pdf ).

All GFE used for telework shall be removed from and returned to CDC facilities in accordance with CDC Policy CDC-MM-2005-01 "Controls for Government Property and Guidance on Removing Government Property from CDC Facilities" ( see http:// aops-mas-iis.od.cdc.gov/Policy/Doc/policy480.htm ). Prior to removing GFE from CDC facilities, Teleworkers shall obtain written approval from the CDC Property Custodian. Teleworkers shall return all GFE to the CDC Property Custodian when he/she separates from the Contract or ceases to telework.

Teleworkers shall exercise due care in transporting and storing non-public information, to ensure it is safeguarded. Controlled unclassified information – formerly called sensitive but unclassified (SBU) information under CDC Policy No. CDC-IS-2005-02, "Sensitive by Unclassified Information" (see http://aops-mas-iis.cdc.gov/Policy/Doc/policy464.htm ) - including personally identifiable information (PII) and Privacy Act information shall be transported and stored only in encrypted form. Nonpublic government information shall not be stored on personally-owned equipment, devices, or storage media. Teleworkers shall comply with additional information security requirements established by CDC's Office of the Chief Information Security Officer (see http://intranet.cdc.gov/ociso/ ). Teleworkers shall apply approved safeguards to protect government equipment, records, and non-public information from unauthorized access, disclosure, sharing, transmission, or damage, and shall comply with Privacy Act requirements (Privacy Act of 1974, P.L. 93-579, 5 USC 552a). Violation may result in adverse action, fines, and/or criminal prosecution.

For purposes of accelerated implementation of telework, the Contracting Officer may immediately elect to commence teleworking upon concurrence from the Project Officer and Contractor, with submission of the Contractor's supporting telework request and formal contract modification to follow within 30 calendar days. If the Contracting Officer and Project Officer determine that telework has adversely impacted contract performance, the Contracting Officer may immediately suspend telework arrangements upon written notification to the Contractor

(End of clause)

G.11 Electronic Subcontracting Reporting System (eSRS) (Dec 2005) The contractor shall register with the Electronic Subcontracts Reporting System (eSRS) for the submission of its Individual Subcontract Report (SF 294) and the Annual Summary Reports (SF 295). Before registering in eSRS, the contractor information must be correct in System for Award Management database. The eSRS is a world wide web-based application available at: http://www.esrs.gov. The eSRS website provides training and instruction for data submission.

(End of Clause)

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 HHSAR 352.227-70 Publications and Publicity (Dec 2015)

(a) Unless otherwise specified in this contract, the Government encourages the Contractor to publish the results of its work under this contract. A copy of each article the Contractor submits for publication shall be promptly sent to the Contracting Officer’s Technical Representative. The Contractor shall also inform the Contracting Officer’s Technical Representative when the article or other publication is published, and furnish a copy of it as finally published.

(b) Unless authorized by the Contracting Officer’s Technical Representative, the Contractor shall not display the HHS logo on any publications.

(c) The Contractor shall not reference the product(s) or service(s) awarded under this contract in commercial advertising, as defined in FAR 31.205-1, in any manner which states or implies HHS approval or endorsement of the product(s) or service(s) provided.

(d) The Contractor shall include this clause, including this section (d) in all subcontracts where the subcontractor may propose (End of Clause) H.2 HHSAR 352.203-70, Anti-Lobbying (Dec 2015) Pursuant to the current HHS annual appropriations act, except for normal and recognized executive-legislative relationships, the Contractor shall not use any HHS contract funds for (i) publicity or propaganda purposes; (ii) the…