Solicitation_RFQ_No_75D301-19-Q-70337.pdf

REQUEST FOR QUOTATIONS

(THIS IS NOT AN ORDER)

THIS RFQ X IS IS NOT A SMALL BUSINESS SET-ASIDE.

PAGE OF PAGES

1 25

1. REQUEST NO.

75D301-19-Q-70337

2. DATE ISSUED

06/21/2019

3. REQUISITION/PURCHASE REQUEST NO.

0000HCCL-2019-35813

4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG. 1

RATING

5a. ISSUED BY

Centers for Disease Control and Prevention/OCOO OFR / Office of Acquisition Services - Branch 4 626 Cochrans Mill Road Pittsburgh PA 15236-3611

6. DELIVERY BY (Date)

09/11/2019 - 09/10/2020

5b. FOR INFORMATION CALL (No collect calls) X

NAME TELEPHONE NUMBER

AREA CODE NUMBER

John J Caroln/JCarolan@CDC.GOV 412 386-6430

8. TO: 9. DESTINATION

a. NAME b. COMPANY a. NAME OF CONSIGNEE

NIOSH - Natl Pers Prot Tec Lab

c. STREET ADDRESS b. STREET ADDRESS

626 Cochrans Mill Road - Bldg 141

Receiving Room

c. CITY

Pittsburgh

d. CITY e. STATE f. ZIP CODE d. STATE e. ZIP CODE

PA 15236-3611

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS (Date)

06/28/2019

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services.

Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

NPPTL Leadership Coaching and Development

Offeror Should Include Quotation

Information Sufficient for Review in

Accordance with the Statement of Work and the Evaluation Criteria Enclosed

NOTE – THIS IS A SET-ASIDE FOR WOMEN-OWNED

SMALL BUSINESSES (WOSB)

LT

Total Firm

Fixed Price

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS

b. 20 CALENDAR DAYS

c. 30 CALENDAR DAYS

d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations are are not attached.

13. NAME AND ADDRESS OF QUOTER 14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

15. DATE OF

QUOTATION

a. NAME OF QUOTER

b. STREET ADDRESS 16. SIGNER

a. NAME (Type or print) b. TELEPHONE

c. COUNTY AREA CODE

d. CITY e. STATE f. ZIP CODE c. TITLE (Type or print) NUMBER

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 18 (REV. 6-95)

Previous edition not usable Prescribed by GSA FAR (48 CFR) 53.215-1(a)

7. DELIVERY

FOB

DESTINATION

OTHER

(See Schedule)

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 Line Items

ITEM

SUPPLIES / SERVICES

QTY / UNIT

UNIT PRICE

EXTENDED PRICE

Leadership Consulting

NPPTL Leadership Coaching and

Development In Accordance with the

Enclosed Statement of Work

Period of Performance

09/11/19 through 09/10/20

1 LOT

Firm Fixed Price

B.2 Type of Contract (Apr 1984)

This is a firm-fixed-price contract.

B.3 Type of Service

The services provided under this order are determined to be severable in nature.

B.4 Milestone Chart

This milestone chart below will be finalized at time of award if necessary. The updated chart will be incorporated in the contract via modification. (Some sample language remains in the chart below; these are examples only, meant only to illustrate that milestone payments can be described and scheduled in varying ways.)

MILESTONE PAYMENT FREQUENCY PAYMENT % AMOUNT

End of 1st Month after award

End of 2nd Month after award

Payment after acceptance of

(deliverable)

Monthly starting with the 3rd Month and continuing through the 6th Month from date of award

Divided into 9 payments of $_____ and 1 payment of

Divided into 2 payments of $______

2 payments each with the first at the end of 6th month from award and the second 15 days before the end of the 12-month period

Total 100% $

For the firm fixed price line items, the offeror shall propose payment milestones in accordance with FAR Clause

52.232-32 Performance-Based Payments. The determination of eligibility for receipt of payment will be made by the

Contracting Officer upon written certification from the COR that the performance milestone has been met. The final milestone payment schedule shall be negotiated between the parties and included in the contract.

Statement of Work

Procurement Request # 75D301-19-Q-70337

Title: NPPTL Leadership Coaching and Development

Period of Performance: 09/11/2019 to 09/10/2020

SECTION 1 – BACKGROUND

Operating within the Centers for Disease Control and Prevention (CDC), the National Institute for Occupational

Safety and Health (NIOSH) is the federal institute specifically dedicated to generating new knowledge in the field of occupational safety and health and to transferring that knowledge into practice for the betterment of workers.

Because personal protective equipment (PPE) plays an important role in keeping many workers within various industries safe while performing their professional duties, The National Personal Protective Technology Laboratory

(NPPTL) was created to be the division of NIOSH charged with the mission of preventing disease, injury, and death for the millions of working men and women relying this equipment. To accomplish this mission, NPPTL conducts scientific research, develops guidance and authoritative recommendations, disseminates information, and responds to requests for workplace health hazard evaluations.

NPPTL was established in 2001, at the request of Congress. The creation of the Laboratory was in response to a recognized need for improved PPE and focused research into personal protective technologies (PPT).

“It has been brought to the Committee’s attention the need for design, testing and state-of-the-art equipment for this nation’s… miners, firefighters, healthcare, agricultural and industrial workers… (Also) the Committee encourages

NIOSH to carry out research, testing and related activities aimed at protecting workers who respond to public health needs in the event of a terrorist incident. The Committee encourages CDC to organize and implement a national personal protective equipment laboratory.”

– Senate Report. 106-293 Departments of Labor, Health and Human Services, and Education and Related Agencies

Appropriation Bill, 2001 Filed Under Authority of the Order of the Senate January 6, 1999

Respiratory protection is the cornerstone of NPPTL’s efforts. One of the primary functions of the Laboratory is to carry out testing procedures and recommend respirators for approval, therefore ensuring a level of standard filter efficiency for all respirators used within a U.S. workplace setting. The NPPTL Respirator Approval Program exists to increase the level of worker protection from airborne chemicals and vapors and therefore reduce the amount of worker illnesses contracted by this cause.

In addition to respirators, other personal protective equipment includes chemical-resistant clothing, hearing protectors, gloves, safety goggles and glasses, hard hats, sensors to detect hazardous substances, and communication devices used for safety deployment of emergency workers. NPPTL addresses all of the above, with an emphasis on respiratory protection and protective clothing, in order to examine exposures to inhalation hazards, dermal hazards, and any other hazardous environmental threat within an occupational setting.

Including employees and contractors, approximately 120 staff members execute the NPPTL mission

(https://www.cdc.gov/niosh/npptl/default.html). NPPTL has an Office of the Director that oversees the execution of

NPPTL’s missions across three Branches:

1. Conformity Verification and Standards Development—designs and conducts NIOSH’s Respirator

Approval Program; leads the regulatory updates to the Respiratory Protective Devices federal regulation (42 CFR Part 84); provides technical input to PPT standards development organizations based on NPPTL research

2. Research—designs and conducts research to (a) inform requirements for PPT that are primarily used in the fire service, healthcare, and mining sectors, (b) evaluate level of protection that existing PPT provides against emerging threats, and (c) provide recommendations regarding PPT use scenarios to address challenges experienced during emergency events (e.g., supply shortage of respirators) https://www.cdc.gov/niosh/npptl/default.html

3. Evaluation and Testing—conducts PPT tests and evaluations for the other two Branches;

maintains facilities and equipment for PPT tests and evaluations; designs and conducts post-market PPT research to evaluate conformity of products available on the market

NPPTL staff face a variety of important challenges such as o focusing staff on organizational priorities o effectively communicating organizational priorities o managing a virtual and dispersed workforce o helping leaders manage up o fostering a culture of collaboration across all levels o identifying development needs for employees to support expanded areas of work o developing partnerships and other creative solutions that will increase the resources available to

NPPTL

o prioritizing and leading staff in a matrix-style organization o developing and fostering new relationships with other organizations/experts o ensuring the quality of science o ensuring compliance with science-related and operational policies o maintaining subject matter expertise in a variety of technical domains

SECTION 2 – PURPOSE

NPPTL seeks four types of activities through a competitive contract:

Coaching—One-on-one and group coaching hours that are conducted in person or via remote communications technologies whereby the focus of the activity is to help the subject a) assess alignment with organizational goals; b) identify roles in further helping to achieve organizational goals; c) define individual/Team/Branch goals; d) develop strategies and skills to achieve goals; or e) establish metrics for assessing progress towards meeting established goals.

Group Training Sessions—group activities that include all members of NPPTL’s leadership (~20 individuals) and are designed to (a) be interactive activities ranging in 3 to 4 hours in length; (b) support/complement the competencies described by leading authors and researchers in the areas of leadership and organizational dynamics; (c) foster relationship and team building amongst the NPPTL leaders; and (d) provide support to the issues being raised during the coaching meetings being held by the contractor.

Work Unit Assessments—one-on-one meetings with members of work units (~4 to 9 individuals) and their supervisory chain (up to 3 individuals) to assess the unit’s current culture, strengths, and challenges and to identify opportunities for improvement. Findings and recommendations will ensure anonymity of work unit members.

Facilitation of a One Day Strategic Planning Meeting with Leaders – a one day meeting at an off-site location for 20-25 leaders across all levels of the organization. Some of the challenges identified above will be addressed in collaboration with senior leaders of the organization. A summary of the key points to move the organization forward will be prepared after the meeting to disseminate to participants.

SECTION 3 – SCOPE OF WORK

NPPTL seeks to purchase four types of support from the private sector: 1) one-on-one and group coaching hours;2) training sessions designed to build rapport and comradery amongst all of the leaders while also helping them to align their collective behaviors with the NPPTL vision (~20 participants); 3) work unit assessments that includes recommendations for how NPPTL supervisors and leadership may improve the organizational environment, and 4) facilitation of a one day strategic planning meeting

SECTION 4 – TASKS TO BE PERFORMED

Task 1 – Kick-off Meeting

The contractor will have a kick-off meeting with the COR and the NPPTL Director

Task 2 –Update Meeting with NPPTL Director

The contractor will have a one hour bi-monthly meeting with the NPPTL director to discuss overall progress in general terms and to obtain feedback on the general climate of the organization from the contractor’s perspective and how this feedback could apply to the training sessions and to group coaching. A bulleted list of key points to be discussed shall be provided to the Director 24 hours before the scheduled meeting time.

Task 3—One-on-One or Group Coaching Hours

NPPTL is purchasing 150 coaching hours for its staff. These coaching hours will be distributed at the discretion of

NPPTL and may include one-on-one coaching and group coaching. Group coaching may include small groups (e.g., 3 to 5 individuals) or larger groups (e.g., 20 individuals). All distribution of hours and recipients will be at the discretion of NPPTL. The contractor is responsible for coordinating times and dates for coaching with the selected recipients. NPPTL will provide all necessary contact information.

Coaching may be performed in-person or with remote technologies. The contractor must provide means for any remote communications. Any in-person coaching would occur at NPPTL’s Pittsburgh, PA or Morgantown, WV locations. For any in-person coaching, the contractor shall comply with all federal government security requirements and restrictions.

Task 4—Training Sessions for Large Number of NPPTL Leadership

NPPTL is purchasing three group training sessions for its leadership (approximately 20-25 staff members). The topic of each training session will be determined by NPPTL. The contractor is expected to provide input to these topics based on its coaching interactions with staff. Each training session shall be o 3 to 4 hours in duration.

o Conducted at NPPTL’s Pittsburgh, PA or Morgantown, WV locations.

o Designed to accommodate 15 to 25 individuals.

o Interactive and engaging.

To support these training sessions, the contractor shall provide at least one self-assessment tool for no more than 25 individuals—DiSC and StrengthsFinder2.0 assessments were previously performed and may not be used. The contractor shall propose and justify a different assessment tool. Dates for training sessions must be coordinated with

NPPTL—sessions are expected to be at least three months apart.

Task 5—Work Unit Assessments

NPPTL is purchasing three work unit assessments for its staff. The contractor shall complete confidential, one-on-one interviews with at least 85% of the work unit’s employees and supervisors. Work units typically include four to nine employees with up to three supervisors within the supervisory chain. The contractor is expected to use structured interview techniques. The interview should focus on characterizing the organizational environment and identifying actionable recommendations to improve this environment. To ensure that the contractor’s targeted areas of exploration align with NPPTL’s goals, the structured interview guide will be collaboratively reviewed by the contractor and NPPTL leadership prior to implementation. Once all interviews are complete for a work unit, the contractor will provide its findings and recommendations in the form of (1) a report to the work unit employees and its supervisors, (2) a presentation by the contractor followed by a question and answer session with the work unit employees and their supervisors together, and (3) a question and answer session with the supervisors and representatives from NPPTL’s Office of the Director. The contractor will ensure anonymity of all work unit employees throughout the entire process.

Interviews and feedback sessions may be performed in-person or with remote technologies. The contractor must provide means for any remote communications. Any in-person interviews/feedback sessions would occur at

NPPTL’s Pittsburgh, PA or Morgantown, WV locations. For any in-person activities, the contractor shall comply with all federal government security requirements and restrictions.

Task 6 – Facilitation of a One Day Strategic Planning Meeting

NPPTL is purchasing a facilitator to plan and facilitate one 8 hour strategic planning meeting to be held at an off-site location between Pittsburgh and Morgantown. The strategic planning meeting will include NPPTL leaders at all levels (up to 25 staff members). The strategic planning meeting will be arranged in conjunction with NPPTL senior leaders, and take place at least three months after contract award. The contractor is responsible for identifying and reserving a location to hold the meeting (including costs, no food or drink costs may be billed to the government), facilitating the meeting, and planning the meeting in collaboration with senior leaders.

SECTION 5 – GOVERNMENT FURNISHED MATERIALS

The government will furnish the meeting location for the three Training Sessions and for any of the in-person coaching sessions, interviews, or feedback sessions. Meeting locations will be at NPPTL’s Pittsburgh, PA or

Morgantown, WV locations. NPPTL will provide all contact information for recipients of coaching hours and work unit assessment interviews to allow coordination of dates and times. The government will NOT furnish the meeting location for the one-day strategic planning meeting.

SECTION 6 – PERIOD OF PERFORMANCE

Period of performance will be from 09/11/2019 to 09/10/2020.

SECTION 7 – PLACE OF PERFORMANCE

Task 1 – Kick-off Meeting

The Kick-off Meeting will take place via zoom, skype or phone, and shall be scheduled by the contractor within two weeks of contract award. This meeting is expected to last one to two hours.

Task 2 – One-on-one bi-monthly meetings with the Director

One-on-one bi-monthly meetings with the Director shall take place within the first month of the contract and five times thereafter via zoom, skype, or phone and shall be scheduled by the contractor at least two weeks in advance.

Task 3—One-on-One or Group Coaching Hours

Coaching may be performed in-person or with remote technologies. The contractor must provide means for any remote communications. Any in-person coaching would occur at NPPTL’s Pittsburgh, PA or Morgantown, WV locations. For any in-person coaching, the contractor shall comply with all federal government security requirements and restrictions. A minimum of three coaches will be available to provide the coaching hours for the staff members.

Staff members who will be utilizing individual coaching hours will be able to have individual “chemistry sessions” with each coach to determine which coach is most suitable.

Task 4—Training Sessions for Large Number of NPPTL Leadership

The contractor must perform these tasks in person at NPPTL’s Pittsburgh, PA or Morgantown, WV location.

Location will be at the discretion of NPPTL.

Task 5—Work Unit Assessments

Interviews and feedback sessions may be performed in-person or with remote technologies. The contractor must provide means for any remote communications. Any in-person coaching would occur at NPPTL’s Pittsburgh, PA or

Morgantown, WV locations. For any in-person interviews/feedback, the contractor shall comply with all federal government security requirements and restrictions.

Task 6 – Facilitation of a One Day Strategic Planning Meeting

The strategic planning meeting will be arranged in conjunction with NPPTL senior leaders, and take place at least three months after contract award. The contractor is responsible for identifying and reserving a location to hold the meeting (including costs, no food or drink costs may be billed to the government), facilitating the meeting, and planning the meeting in collaboration with senior leaders.

SECTION 8 – DELIVERABLES/REPORTING SCHEDULE

Items Description Quantity or No. of Copies

Delivery Date Deliver To

Task 1 Kick-off Meeting

Meeting to discuss the overall contract strategy

Within two weeks of contract award

Maryann D’Alessandro (bpj5@cdc.gov) and Susan Moore (sme6@cdc.gov)

Task 2 Bi-monthly meetings with Director

Bi-monthly meetings to discuss upcoming plans for training and strategy for coaching and feedback on themes identified through coaching

Bi- monthly (every other month)

Maryann D’Alessandro bpj5@cdc.gov

Task 3 Coaching Hours (n=150)

Report detailing hours scheduled, completed, and remaining. Report shall include reference to recipients and month hours are scheduled for or were completed.

1 electronic copy— Excel, Word, or PDF

Last working day of each month

Maryann D’Alessandro (bpj5@cdc.gov) and Susan Moore (sme6@cdc.gov)

Training Session #1

In-person training session for large group focusing on a topic selected by

NPPTL.

N/A Selected by NPPTL.

Contractor given at least 15 business days advance notice.

NPPTL Leadership

Training Session #2

In-person training session for large group focusing on a topic selected by NPPTL

N/A Selected by NPPTL.

Contractor given at least

15 business days advance notice.

NPPTL Leadership

Training Session #3

In-person training session for large group focusing on a topic selected by NPPTL

N/A Selected by NPPTL.

Contractor given at least 15 business days advance notice.

NPPTL Leadership

Work Unit Assessment #1

Interviews with work unit members and supervisory chain followed by report, a presentation with a question and answer session, and a second question and answer session with just supervisors/NPPTL leadership

Report: 1 electronic copy—Excel, Word, or PDF

Presentation: 1 electronic copy— PowerPoint

Interviews coordinated by contractor with all interviews completed at least two weeks prior to feedback sessions.

Feedback sessions selected by NPPTL. Contractor given at least 15 business days advance notice.

Maryann D’Alessandro (bpj5@cdc.gov), Susan Moore (sme6@cdc.gov), work unit employees and supervisors

Work Unit Assessment #2

Interviews with work unit members and supervisory chain followed by report, a presentation with a question and answer session, and a second question and answer session with just supervisors/NPPTL leadership

Report: 1 electronic copy—Excel, Word, or PDF

Presentation: 1 electronic copy— PowerPoint

Interviews coordinated by contractor with all interviews completed at least two weeks prior to feedback sessions.

Feedback sessions selected by NPPTL. Contractor given at least 15 business days advance notice.

Maryann D’Alessandro (bpj5@cdc.gov), Susan Moore (sme6@cdc.gov), Work Unit Assessment #3

Interviews with work unit members and supervisory chain followed by report, a presentation with a question and answer session, and a second question and answer session with just supervisors/NPPTL leadership

Report: 1 electronic copy—Excel, Word, or PDF

Presentation: 1 electronic copy— PowerPoint

Interviews coordinated by contractor with all interviews completed at least two weeks prior to feedback sessions.

Feedback sessions selected by NPPTL. Contractor given at least 15 business days advance notice.

Maryann D’Alessandro (bpj5@cdc.gov), Susan Moore (sme6@cdc.gov), Facilitation of a One Day Strategic Planning Meeting

Agenda and materials for Strategic Planning Meeting

Report: 1 electronic copy—Excel, Word, or PDF

Presentation: 1 electronic copy— PowerPoint

One week before Strategic Planning Meeting

Maryann D’Alessandro (bpj5@cdc.gov), Susan Moore (sme6@cdc.gov)

Summary report from Strategic Planning Meeting

A summary of the key points to move the organization forward will be prepared after the meeting to disseminate to participants.

Report: 1 electronic copy—Excel, Word, or PDF

One week after Strategic Planning Meeting

Maryann D’Alessandro (bpj5@cdc.gov), Susan Moore (sme6@cdc.gov)

SECTION 9 – TRAVEL

The contractor is expected to travel to NPPTL’s Pittsburgh or Morgantown facilities for all of the Training

Sessions—location determined by NPPTL. Although the contractor is responsible for acquiring a location for the

One Day Strategic Planning Meeting, this meeting location must be within a 20-minute drive from NPPTL’s

Pittsburgh, PA or Morgantown, WV location with NPPTL determining which location will be of interest for the session. The contractor may propose a location that is futher than 20 minutes from the chosen facility to NPPTL for their consideration if it provides a superior environment for the meeting.

SECTION 10 – SPECIAL REQUIREMENTS

Any contractor employees planning to visit NPPTL’s Pittsburgh or Morgantown sites must be U.S. Citizens to ensure that the contractor can gain access to U.S. government facilities.

SECTION 10 – REFERENCE MATERIALS

None.

SECTION 11 – CONTRACTING OFFICER’S REPRESENTATIVE INFORMATION

The Contracting Officer’s Representative (COR) for this procurement is:

TBD

Centers for Disease Control and Prevention

National Institute for Occupational Safety and Health; National Personal Protective Technology Laboratory

Pittsburgh, PA 15236, Mail Stop Building 141

Telephone Number: 412-386-XXXX

E-mail Address:

Preferred method of communication: E-mail

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.

205 WCAG 2.0 Level A & AA Success Criteria http://www.hhs.gov/web/508 http://www.access-board.gov/sec508/standards.htm http://www.access-board.gov/sec508/standards.htm

302 Functional Performance Criteria

502 Inoperability with Assistive Technology

504 Authoring Tools

602 Support Documentation

603 Support Services

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 a 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 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.

(e) Electronic content must be accessible to HHS acceptance criteria. Checklist for various formats are available at http://508.hhs.gov/, or from the Section 508 Coordinator listed at https://www.hhs.gov/web/section-508/additional-resources/section-508-contacts/index.html.

Materials that are final items for delivery should be accompanied by the appropriate checklist, except upon approval of the Contracting Officer or Representative.

http://hhs.gov/web/508 http://508.hhs.gov/ https://www.hhs.gov/web/section-508/additional-resources/section-508-contacts/index.html

Solicitation No. 75D301-19-Q-70337 – NPPTL Leadership Coaching and Development Clauses

FAR SOURCE TITLE AND DATE

52.204-13 System for Award Management Maintenance (Oct 2016) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014)

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

52.225.25 Prohibition on Contracting with Entities Engaging in Certain Activities or

Transactions Relating to Iran – Representation and Certifications (Oct 2015)

FAR 52.232-32 Performance-Based Payments (Apr 2012)

52.243-1 Changes -- Fixed Price (Aug 1987)

HHSAR SOURCE

352.222-70 Contractor Cooperation in Equal Employment Opportunity Investigations (Dec 2015)

FAR 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):

Regulations URLs:

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/far1toc.htm http://www.hhs.gov/policies/hhsar/subpart301-1.html

52.213-4 Terms and Conditions-Simplified Acquisitions (Other Than Commercial Items) (JAN 2019)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017)

(section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(ii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by

Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iii) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(v) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).

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

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

(viii) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub.L.108-77, 108-78 (19 U.S.C. 3805 note)).

(2) Listed below are additional clauses that apply:

(i) 52.232-1, Payments (Apr 1984).

(ii) 52.232-8, Discounts for Prompt Payment (Feb 2002).

(iii) 52.232-11, Extras (Apr 1984).

(iv) 52.232-25, Prompt Payment (Jan 2017).

(v) 52.232-39, Unenforceability of Unauthorized Obligations (Jun 2013).

(vi) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Dec2013)

(vii) 52.233-1, Disputes (May2014).

(viii) 52.244-6, Subcontracts for Commercial Items (Jan 2019).

(ix) 52.253-1, Computer Generated Forms (Jan 1991).

(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018)(Pub. L. 109-282) http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/far1toc.htm http://www.hhs.gov/policies/hhsar/subpart301-1.html

(31 U.S.C. 6101 note) (Applies to contracts valued at $30,000 or more).

(ii) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan2018) (E.O.13126) (Applies to contracts for supplies exceeding the micro-purchase threshold.)

(iii) 52.222-20, Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 (May 2014) (41

U.S.C.chapter 65) (Applies to supply contracts over $15,000 in the United States, Puerto Rico, or the U.S. Virgin

Islands).

(iv) 52.222-35, Equal Opportunity for Veterans (Oct2015) (38 U.S.C.4212) (applies to contracts of $150,000 or more).

(v) 52.222-36, Equal Employment for Workers with Disabilities (Jul 2014) (29 U.S.C.793) (Applies to contracts over $15,000, unless the work is to be performed outside the United States by employees recruited outside the

United States.) (For purposes of this clause, “United States” includes the 50 States, the District of Columbia, Puerto

Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)

(vi) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C.4212) (Applies to contracts of $150,000 or more).

(vii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C.chapter 67) (Applies to service contracts over $2,500 that are subject to the Service Contract Labor Standards statute and will be performed in the United

States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin

Islands, Johnston Island, Wake Island, or the outer Continental Shelf).

(viii) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O 13627) (Applies to all solicitations and contracts).

(B) Alternate I (Mar 2015) (Applies if the Contracting Officer has filled in the following information with regard to applicable directives or notices: Document title(s), source for obtaining document(s), and contract performance location outside the United States to which the document applies).

(ix) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of

Columbia)).

(x) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the

District of Columbia.))

(xi) 52.223-5, Pollution Prevention and Right-to-Know Information (May2011) (E.O. 13423) (Applies to services performed on Federal facilities).

(xii) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016)

(E.O. 13693)(applies to contracts for products as prescribed at FAR 23.804(a)(1)).

(xiii) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners

(Jun2016) (E.O. 13693) (Applies to maintenance, service, repair, or disposal of refrigeration equipment and air conditioners).

(xiv) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b) (Unless exempt pursuant to 23.204, applies to contracts when energy-consuming products listed in the ENERGY STAR® Program or Federal Energy Management Program (FEMP)) will be-

(A) Delivered;

(B) Acquired by the Contractor for use in performing services at a Federally-controlled facility;

(C) Furnished by the Contractor for use by the Government; or

(D) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance).

(xv) 52.223-20, Aerosols (Jun 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons as a propellant or as a solvent; or contracts for maintenance or repair of electronic or mechanical devices).

(xvi) 52.223-21, Foams (Jun 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons as a foam blowing agent;

or contracts for construction of buildings or facilities.

(xvii) 52.225-1, Buy American-Supplies (May2014) (41 U.S.C.chapter 67) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold and the acquisition-

(A) Is set aside for small business concerns; or

(B) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $25,000).

(xviii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792)

(Applies to contracts greater than $25,000 that provide for the provision, the service, or the sale of food in the

United States).

(xix) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2013)(Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the System for Award

Management (SAM) as its source of EFT information).

(xx) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013)

(Applies when the payment will be made by EFT and the payment office does not use the SAM database as its source of EFT information).

(xxi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.App.1241)

(Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d)).

(2) Listed below are additional clauses that may apply:

(i) 52.204-21, Basic Safeguarding of Covered Contractor Information Systems (Jun 2016) (Applies to contracts when the contractor or a subcontractor at any tier may have Federal contract information residing in or transiting through its information system.

(ii) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or

Proposed for Debarment (Oct 2015) (Applies to contracts over $35,000).

(iii) 52.211-17, Delivery of Excess Quantities (Sept 1989) (Applies to fixed-price supplies).

(iv) 52.247-29, F.o.b. Origin (Feb 2006) (Applies to supplies if delivery is f.o.b. origin).

(v) 52.247-34, F.o.b. Destination (Nov 1991) (Applies to supplies if delivery is f.o.b. destination).

(c) FAR 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):

[Insert one or more Internet addresses]

(d) Inspection/Acceptance. The Contractor shall tender for acceptance only those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The Government must exercise its postacceptance rights-

(1) Within a reasonable period of time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(e) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the

Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(f) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges that the Contractor can demonstrate to the satisfaction of the Government, using its standard record keeping system, have resulted from the termination.

The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided.

(g) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(h) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(End of clause)

FAR52.232-32 Performance-Based Payments (APR 2012)

(a) Amount of payments and limitations on payments. Subject to such other limitations and conditions as are specified in this contract and this clause, the amount of payments and limitations on payments shall be specified in the contract’s description of the basis for payment.

(b) Contractor request for performance-based payment. The Contractor may submit requests for payment of performance-based payments not more frequently than monthly, in a form and manner acceptable to the Contracting

Officer. Unless otherwise authorized by the Contracting Officer, all performance-based payments in any period for which payment is being requested shall be included in a single request, appropriately itemized and totaled. The

Contractor’s request shall contain the information and certification detailed in paragraphs (l) and (m) of this clause.

(c) Approval and payment of requests.

(1) The Contractor shall not be entitled to payment of a request for performance-based payment prior to successful accomplishment of the event or performance criterion for which payment is requested. The Contracting

Officer shall determine whether the event or performance criterion for which payment is requested has been successfully accomplished in accordance with the terms of the contract. The Contracting Officer may, at any time, require the Contractor to substantiate the successful performance of any event or performance criterion which has been or is represented as being payable.

(2) A payment under this performance-based payment clause is a contract financing payment under the

Prompt Payment clause of this contract and not subject to the interest penalty provisions of the Prompt Payment Act.

The designated payment office will pay approved requests on the _________ [Contracting Officer insert day as prescribed by agency head; if not prescribed, insert “30th”] day after receipt of the request for performance-based payment by the designated payment office. However, the designated payment office is not required to provide payment if the Contracting Officer requires substantiation as provided in paragraph (c)(1) of this clause, or inquires into the status of an event or performance criterion, or into any of the conditions listed in paragraph (e) of this clause, or into the Contractor certification. The payment period will not begin until the Contracting Officer approves the request.

(3) The approval by the Contracting Officer of a request for performance-based payment does not constitute an acceptance by the Government and does not excuse the Contractor from performance of obligations under this contract.

(d) Liquidation of performance-based payments.

(1) Performance-based finance amounts paid prior to payment for delivery of an item shall be liquidated by deducting a percentage or a designated dollar amount from the delivery payment. If the performance-based finance payments are on a delivery item basis, the liquidation amount for each such line item shall be the percent of that delivery item price that was previously paid under performance-based finance payments or the designated dollar amount. If the performance-based finance payments are on a whole contract basis, liquidation shall be by either predesignated liquidation amounts or a liquidation percentage.

(2) If at any time the amount of payments under this contract exceeds any limitation in this contract, the

Contractor shall repay to the Government the excess. Unless otherwise determined by the Contracting Officer, such excess shall be credited as a reduction in the unliquidated performance-based payment balance(s), after adjustment of invoice payments and balances for any retroactive price adjustments.

(e) Reduction or suspension of performance-based payments. The Contracting Officer may reduce or suspend performance-based payments, liquidate performance-based payments by deduction from any payment under the contract, or take a combination of these actions after finding upon substantial evidence any of the following conditions:

(1) The Contractor failed to comply with any material requirement of this contract (which includes paragraphs

(h) and (i) of this clause).

(2) Performance of this contract is endangered by the Contractor’s—

(i) Failure to make progress; or

(ii) Unsatisfactory financial condition.

(3) The Contractor is delinquent in payment of any subcontractor or supplier under this contract in the ordinary course of business.

(f) Title.

(1) Title to the property described in this paragraph (f) shall vest in the Government. Vestiture shall be immediately upon the date of the first performance-based payment under this contract, for property acquired or produced before that date. Otherwise, vestiture shall occur when the property is or should have been allocable or properly chargeable to this contract.

(2) “Property,” as used in this clause, includes all of the following described items acquired or produced by the

Contractor that are or should be allocable or properly chargeable to this contract under sound and generally accepted accounting principles and practices:

(i) Parts, materials, inventories, and work in process;

(ii) Special tooling and special test equipment to which the Government is to acquire title;

(iii) Nondurable (i.e., noncapital) tools, jigs, dies, fixtures, molds, patterns, taps, gauges, test equipment and other similar manufacturing aids, title to which would not be obtained as special tooling under paragraph (f)(2)(ii) of this clause; and

(iv) Drawings and technical data, to the extent the Contractor or subcontractors are required to deliver them to the Government by other clauses of this contract.

(3) Although title to property is in the Government under this clause, other applicable clauses of this contract

(e.g., the termination clauses) shall determine the handling and disposition of the property.

(4) The Contractor may sell any scrap resulting from production under this contract, without requesting the

Contracting Officer’s approval, provided that any significant reduction in the value of the property to which the

Government has title under this clause is reported in writing to the Contracting Officer.

(5) In order to acquire for its own use or dispose of property to which title is vested in the Government under this clause, the Contractor shall obtain the Contracting Officer’s advance approval of the action and the terms. If approved, the basis for payment (the events or performance criteria) to which the property is related shall be deemed to be not in compliance with the terms of the contract and not payable (if the property is part of or needed for performance), and the Contractor shall refund the related performance-based payments in accordance with paragraph (d) of this clause.

(6) When the Contractor completes all of the obligations under this contract, including liquidation of all performance-based payments, title shall vest in the Contractor for all property (or the proceeds thereof) not—

(i) Delivered to, and accepted by, the Government under this contract; or

(ii) Incorporated in supplies delivered to, and accepted by, the Government under this contract and to which title is vested in the Government under this clause.

(7) The terms of this contract concerning liability for Government-furnished property shall not apply to property to which the Government acquired title solely under this clause.

(g) Risk of loss. Before delivery to and acceptance by the Government, the Contractor shall bear the risk of loss for property, the title to which vests in the Government under this clause, except to the extent the Government expressly assumes the risk.