REV 75D301-22-R-72168_MS_Word_Tracked Changes_05.05.2022.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.

75D301-22-R-72168

4. TYPE OF SOLICITATION

X

NEGOTIATED (RFP)

5. DATE ISSUED

05/02/2022

6. REQUISITION/PURCHASE NO.

00HCVJDK-2022-62773

Centers for Disease Control and Prevention (CDC)

Office of Acquisition Services (OAS)

2900 Woodcock Blvd, MS TCU-4

Atlanta, GA 30341-4004

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 1 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 See Section L until 2:00pm EST local time 06/08/2022 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

Liubov Kriel

B. TELEPHONE (NO COLLECT CALLS)

AREA CODE NUMBER: EXT:

(770) 488-2856

C. E-MAIL ADDRESS

vyh1@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 (CDC)

Office of Acquisition Services (OAS)

2900 Woodcock Blvd, MS TCU-4

Atlanta, GA 30341-4004

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

Task Orders to be issued as needed and funds to be obligated separately.

Period of Performance (POP)/ Ordering Period:

September 12, 2022 – September 11, 2027

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, “Sexually Transmitted Infections Impact Research Consortium (STIIRC).” The Contracting Officer (CO) will request the work through the issuance of task orders during the ordering period as specified in Section I of the contract.

B.2 Contract Type and Services

This is a competitive procurement providing for full and open competition.

This acquisition is being competed in accordance with FAR Part 15 - Contracting by Negotiation. The NAICS Code is 541990 "All Other Professional, Scientific, and Technical Services," with a small business size standard of $17M.

This is an Indefinite- Delivery Indefinite- Quantity contract (IDIQ) utilizing individual task orders to provide Sexually Transmitted Infections Impact Research Consortium (STIIRC) support services. The Government will issue task orders that are firm-fixed-price (FFP), time-and-materials (T&M), or hybrid type, that is a combination of FFP and T&M.

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.

The government intends to issue one or more basic contract awards for this IDIQ contract.

The intent is to issue one Task Order 0001 (see Attachment J5 and Section L herein) upon award of this IDIQ. Task Order 0001 will be issued with 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.

B.4 Minimum and Maximum Ordering Amounts

Minimum Order Amount: $10,000

Maximum Order Amount: $20,000,000.00 B.5 Minimum Guarantee

This contract guarantees a minimum of $10,000. Once a contractor has received task order obligation awards that exceed $10,000, the minimum guarantee will be considered met. In the event the contractor has received task order obligation awards of amounts less than the cumulative minimum, the Government will fund the difference between the actual task order award obligation amounts and the guaranteed minimum. The contractor may then invoice for any minimum due at the end of the contract period. In order to receive the minimum guarantee a contractor must submit a proposal in response to at least three (3) Requests for Task Order Proposals (RFTOPs) within a five-year period of performance of the contract without receiving an award.

B.6 Maximum Contract Value

The aggregate maximum value of all combined awards made under this solicitation shall not exceed $51,120,800.00. The overall aggregate maximum value for ALL contracts cumulatively will be $51,120,800.00. 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

The Government will issue task orders that are firm-fixed-price (FFP), time-and-materials (T&M), or hybrid type, that is a combination of FFP and T&M.

B.7.1 Firm-Fixed-Price (FFP)

Pursuant to FAR 15.4, Pricing, and FAR 16.2, Fixed-Price Contracts, the firm-fixed-price type 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. Fee/ 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 a direct reimbursable in accordance with Federal Travel Regulations on the specific task order.

B.9 Place of Work and Government-Furnished Equipment

Work under this contract will be performed primarily off-site at the Contractor location(s) but it may be performed on-site at CDC locations in Atlanta, Georgia. On-site meetings with CDC staff may be required. Each task order will specify the location requirements.

If the work is to be performed primarily on-site at a CDC location, due to the nature of the work, CDC will provide IT equipment (i.e., desktop computer), telephone, and other office equipment and supplies as needed for the Contractor to perform required tasks.

If the work is to be performed primarily off-site at the Contractor’s locations, where the Contractor needs to access 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.

Each task order will stipulate whether on-site or off-site performance, or both, is required.

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 STIIRC contract labor categories are considered bona fide professional labor and 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 continues 60 months. It is anticipated that multiple task orders will be issued to the contractors to work in areas identified in this 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 $10,000 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 task orders will be solicited by email. Contractors will have a minimum of 10 business days to respond.

Section C - Description/Specification/Work Statement

STI IMPACT RESEARCH CONSORTIUM (STIIRC)

STATEMENT OF WORK

C.1 BACKGROUND

As the nation’s leading health protection agency, CDC focuses on the public’s health and safety. To accomplish this mission, CDC conducts critical scientific research to increase public health prevention impact. On March 11, 2021, the President signed into law the American Rescue Plan Act of 2021 (H.R. 1319). The Division of STD Prevention (DSTDP) received funding to strengthen the capacity of state, tribal, local, and territorial (STLT) public health departments to mitigate the spread of COVID and other infections, including sexually transmitted infections (STI). This investment included funding to support innovations to increase the impact of STI prevention and control approaches. These approaches include adaptation and evaluation of promising practices and tools from SARS-CoV-2 response efforts, development of new technology and diagnostic tests, and other interventions to increase impact through improving the efficacy, effectiveness and efficiency of public health disease intervention services pertaining to the detection, mitigation, and prevention of onward transmission of STI.

Reported cases of STI in the United States have increased substantially in the past decade, doubling for gonorrhea and chlamydia, and tripling for infectious syphilis and congenital syphilis. Prior to the onset of COVID-19, STI comprised over 80% of all notifiable infections and diseases. To reduce transmission and prevalence of STI in populations, essential public health approaches have used assessment (including surveillance and screening), treatment, case investigation and contact tracing, as well as primary prevention interventions to reach individuals and populations with high morbidity or vulnerable to transmission. Core public health functions in 2022 include acting to protect and promote health of people in all communities, including removal of barriers that have resulted in health inequities. Experience with STI prevention during the COVID-19 pandemic as well as approaches to COVID-19 management has stimulated new approaches that need to be investigated further and developed for public health STI prevention and control programs. Research conducted via this contract is therefore intended to increase the impact of disease intervention services through testing innovative strategies and tool and implementing effective approaches at population scale. Such research, addressing the core functions of public health and the public health workforce, will also strengthen public health capacity to manage infectious diseases more broadly and therefore is consistent with the goals of the American Rescue Plan Act (2021).

C.2 PURPOSE

The objective of this procurement is to establish a consortium of research centers to provide The Division of STD Prevention, of the National Center for HIV, Viral Hepatitis, STD, and TB Prevention (DSTDP/NCHHSTP) with a ready source of research, scientific and technical expertise to (a) increase the population-level impact of STI prevention and control through public health programs and (b) improve health equity for populations disproportionately affected by STI. STI of particular focus are those causing substantial national morbidity or mortality, including substantial endemic threats (e.g., HIV, syphilis, hepatitis), or as emerging threats (e.g., antimicrobial-resistant gonorrhea).

C.3 SCOPE OF WORK

The four categories of services to be acquired under this contract provide a mechanism to conduct research, scientific and technical expertise and support services pertinent to STI prevention intervention impact and STI-related health equity to DSTDP/NCHHSTP.

As an independent organization and not as an agent of the Government, the contractor shall furnish all necessary personnel, facilities, supplies, and equipment, as appropriate, to provide DSTDP/NCHHSTP with required research support services within the general work parameters set forth in this Statement of Work. Contractor performance and all resulting deliverables must adhere to all Federal, HHS, and/or CDC IT security policies and procedures.

The Contractor is advised that it is not possible to determine the precise types or amounts of services, supplies, and/or equipment that will be ordered during the term of the contract. The Contractor shall be obligated to perform within the minimum and maximum order limitations set forth in clauses 52.216-19, Order Limitations. The time of issuance and amount of work in task orders cannot be accurately predicted. The Government will make every effort to give the Contractor advance notice of requirements, but the services for which this contract will be used could address an immediate need involving an emergency or short notice requirement. Services to be performed shall be non-personal and not inherently governmental services. Supplies and equipment are incidental to the required services to be performed.

C.4 TECHNICAL REQUIREMENTS

The contractor shall conduct research and associated activities in two substantive and overlapping areas. These areas are (1) clinical trials (see the National Institute of Health’s definition of a clinical trial at https://grants.nih.gov/policy/clinical-trials/definition.htm for guidance on what constitutes a clinical trial) and (2) population-focused implementation science. Although contractors are not required to follow any specific implementation research templates given the broad scope of this contract, they are encouraged to follow research principles grounded in population-level impact and in health equity, for example the National Institute for Minority Health and Health Disparities research framework at https://www.nimhd.nih.gov/about/overview/research-framework/nimhd-framework.html and the Consolidated Framework for Implementation Research at www.cfirguide.org.

The Contractor(s) under this contract shall participate in the STI Impact Research Consortium (STIIRC) comprising CDC staff and principal investigators from contractors. The consortium is managed by CDC’s Division of STD Prevention (DSTDP). The chair of the consortium shall be a staff member of DSTDP, leading discussions and making final study protocol decisions considering input from consortium members. Final decisions on the conduct of research remain within the purview of CDC via the Director of DSTDP.

The following are representative examples of tasks, which may be ordered through the issuance of individual task orders under this contract. This listing provides the types of tasks, which may be conducted and is not represented as being complete or all-inclusive.

The Contractor shall provide support services to NCHHSTP as outlined in the individual task orders. The Contractor shall provide tasks that fall into four task areas listed below:

1. Service delivery research: prevention content. Research, including clinical trials, to develop, test and implement interventions that include efficacious STI prevention content, including STI treatment options, vaccination, biomedical and socio-behavioral interventions, and management of comorbid factors (i.e., syndemic approaches).

2. Service delivery research: prevention methods. Research to develop, test and implement interventions to increase access to, and efficient use of, STI services, including home testing, specimen collection and other “out of clinic” models, express visit models, telehealth models, and collaborative networks at different levels of clinical and prevention capacity.

3. Field-based prevention research. Research to integrate novel interventions into field investigations, including improved case and contact monitoring and support, access to and use of remote services during field investigations, and novel approaches to isolation, quarantine and other strategies to prevent onward transmission of infection.

4. Diagnostics research. Research into new STD diagnostic approaches to develop, test and implement diagnostic tools that increase the proportion of infected persons tested and diagnosed; clinical trials of new diagnostic tools and methods; implementation research to increase use of efficacious and effective diagnostic tools.

C.5 REPORTING SCHEDULE

Contractor shall provide a quarterly report of progress, not to exceed 5 pages, and to include:

1. Number of Task Orders applied for, awarded and dollar value of Task Orders awarded.

2. For each Task Order awarded:

a. A summary of benchmarks, goals, or milestones achieved, timeliness of achievement (ahead of schedule, on time, delayed) and actions taken to reach the achievements.

b. A summary of challenges faced, actions taken to overcome challenges, and results of those actions.

c. A summary of plans to achieve benchmarks, goals or milestones in cases where these have not yet been achieved on schedule.

3. For each task order proposal not awarded:

a. A summary of challenges faced, and actions taken to overcome challenges.

b. A summary of plans to revise applications or remedy deficits for subsequent Task Order solicitations of a similar nature (e.g., if the contractor was not awarded a clinical trial from a solicitation, what plans the contractor has to increase the chances of an award in the event of a subsequent solicitation for a different clinical trial).

IDIQ Point of Contact or Director/Principal Investigator(PI) Contractor shall provide a Point of Contact (POC) to oversee all awarded Task Orders and communicate with CDC regarding overall IDIQ management (including competing for new RFTOPs). The POC or Director/PI will address administrative and scientific issues related to individual Task Orders and overall contract. Oversight includes all budget, staffing, policy, program, evaluation design issues, assessment issues, and support services, which pertain to each new assigned task. The Director/PI shall provide interface with the DSTDP Contracting Officer’s Representative (COR) or other representative and/or Contracting Officer and be responsible for the overall oversight of all work performed under the contract. The Director/PI shall serve as the quality control point for all performance under the contract. The Director/PI shall be considered “key personnel” for the awarded contract.

C.6 SPECIAL CONSIDERATIONS

HHSAR 352.239-74 Electronic and Information Technology Accessibility (Dec 2015) (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

302 Functional Performance Criteria

502 Inoperability with Assistive Technology

503 Applications

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.

(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

C.7 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. The QASP will be defined at the task order level.

The contractor is responsible for management and quality control actions necessary to meet the quality standards set forth in each task order. The Performance Standards and Surveillance Activity Checks defined in the QASP at the task order level will be used by the COR in the technical administration of the QASP.

Section D - Packaging And Marking

There are no clauses/provisions included in this section.

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:

www.acquisition.gov

(End of Clause)

Section F - Deliveries Or Performance

Section G - Contract Administration Data

G.1 Contract Representatives:

Contracting Officer (CO) and Contract Specialist (CS) responsible for this contract:

Liubov A Kriel

Office of Acquisition Services (OAS)

Office of Financial Resources (OFR)

Office of the Chief Operating Officer (OCOO)

Centers for Disease Control and Prevention (CDC)

Atlanta, GA 30341-4146

LKriel@cdc.gov | 770.488.2856 office |Atlanta, GA 30341-4146

Contracting Officer’s Representative responsible for this contract:

TBD

Centers for Disease Control and Prevention (CDC)

G.2 CDC0_G008 Contracting Officer’s Representative (Jul 2017)

Performance of the work hereunder shall be subject to the technical directions of the designated COR for this contract.

As used herein, technical directions are directions to the Contractor which fill in details, suggests possible lines of inquiry, or otherwise completes the general scope of work set forth herein. These technical directions must be within the general scope of work, and may not alter the scope of work or cause changes of such a nature as to justify an adjustment in the stated contract price/cost, or any stated limitation thereof.

In the event that the Contractor believes 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, immediately or as soon as possible, in a letter or e-mail separate of any required report(s). 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. 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 COR delegation memorandum upon request.

G.3 CDCP_G009 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.

G.4 CDCP_G010 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.

G.5 CDC0.G018 Payment by Electronic Funds Transfer (Feb 2018)

(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 –System for Award Management, in Section I, requires the contractor to designate in writing a financial institution for receipt of electronic funds transfer payments.

(b) In the case that EFT information is not within the System of Award Management, FAR 52.232-34 requires mandatory submission of Contractor’s EFT information directly to the office designated in this contract to receive that information (hereafter: “designated office”); see below. The contractor shall submit the EFT information within the form titled “ACH Vendor/Miscellaneous Payment Enrollment Form” to the address indicated below. Note: The form is either attached to this contract (see Section J, List of Attachments) or may be obtained by contacting the Contracting Officer or the CDC Office of Financial Resources at 678-475-4510.

(c) In cases where the contractor has previously provided such information, 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

Office of Financial Resources (OFR)

P.O. Box 15580

Atlanta, GA 30333

Or – Fax copy to: 404-638-5342

G.6 HHSAR 352.232-71: Electronic Submission of Payment Requests (Feb 2022)

(a) Definitions. As used in this clause—

(1) “ Payment request” means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), “Content of Invoices” and the applicable Payment clause included in this contract.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests electronically using the Department of Treasury Invoice Processing Platform (IPP) or successor system. Information regarding IPP, including IPP Customer Support contact information, is available at www.ipp.gov or any successor site.

(c) The Contractor may submit payment requests using other than IPP only when the Contracting Officer authorizes alternate procedures in writing in accordance with HHS procedures.

(d) If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting Officer's written authorization with each payment request.

(End of clause)

G.7 CDC42.0003 Billing Rates (May 2015)

(a) As defined in FAR Subpart 42.7, Billing Rate means an indirect cost rate established temporarily for interim reimbursement of incurred indirect costs. Billing rates may be adjusted as necessary pending establishment of final indirect rates

(b) Notwithstanding the provisions of the clause entitled Allowable Cost and Payment (FAR 52.216-7), allowable indirect costs under this contract shall be determined by applying the following provisional billing rates to the bases specified below:

(FROM - TO)

Bases:

(1)

(c) The above rates are provisional billing rates only and shall apply from the date of award until such time as the rates are revised by modification. Any modification to change the above rates will also state the effective period covered by the revised rates.

(d) Billing rates may be prospectively or retroactively revised by mutual agreement of the Contracting Officer and the contractor at either party’s request. When agreement cannot be reached, the billing rates may be unilaterally determined by the Contracting Officer as set forth in FAR 42.704.

(e) Final indirect rates shall be established in accordance with FAR Clause 52.216-7, Allowable Cost and Payment. As required by that clause, the contractor shall submit an adequate final indirect cost rate proposal to the Contracting Officer and auditor within the 6 month period following the expiration of each of its fiscal years. Upon receipt of the final indirect cost rate proposal and pending the establishment of final indirect cost rates, the contractor and the Government may mutually agree to revise the provisional billing rates to reflect the proposed indirect cost rates until the proposal has been audited and settled.

G.8 CDC42.0002 Evaluation of Contractor Performance Utilizing CPARS (Aug 2021)

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 Contractor Performance Assessment Reporting System (CPARS). The CDC utilizes this web-based system to prepare and report 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.

G.9 Telework by Contractor (Dec 2008) 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-mas-iis.cdc.gov/Policy/officialPolicy.aspx?pID=90).

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.cdc.gov/Policy/officialPolicy.aspx?pID=480). 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, "Controlled Unclassified Information" (see http://aops-mas-iis.cdc.gov/Policy/officialPolicy.aspx?pID=464) - 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 https://intranet.cdc.gov/ocio/information-systems-security/index.html). 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

Section H - Special Contract Requirements H.1 HHSAR 352.224-70 Privacy Act (Dec 2015)

This contract requires the Contractor to perform one or more of the following: (a) design; (b) develop; or (c) operate a Federal agency system of records to accomplish an agency function in accordance with the Privacy Act of 1974 (Act) (5 U.S.C. 552a(m)(1)) and applicable agency regulations.

The term system of records means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. Violations of the Act by the Contractor and/or its employees may result in the imposition of criminal penalties (5 U.S.C. 552a(i)).

The Contractor shall ensure that each of its employees knows the prescribed rules of conduct in 45 CFR part 5b and that each employee is aware that he/she is subject to criminal penalties for violation of the Act to the same extent as Department of Health and Human Services employees. These provisions also apply to all subcontracts the Contractor awards under this contract which require the design, development or operation of the designated system(s) of records (5 U.S.C. 552a(m)(1)). The contract work statement:

(a) Identifies the system(s) of records and the design, development, or operation work the Contractor is to perform; and

(b) Specifies the disposition to be made of such records upon completion of contract performance.

(End of clause) H.2 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.

(End of Clause) H.3 HHSAR 352.231-70 Salary Rate Limitation (Dec 2015)

(a) The Contractor shall not use contract funds to pay the direct salary of an individual at a rate in excess of the Federal Executive Schedule Level II in effect on the date the funding was obligated.

(b) For purposes of the salary rate limitation, the terms “direct salary,” “salary,” and “institutional base salary,” have the same meaning and are collectively referred to as “direct salary,” in this clause. An individual's direct salary is the annual compensation that the Contractor pays for an individual's direct effort (costs) under the contract. Direct salary excludes any income that an individual may be permitted to earn outside of duties to the Contractor. Direct salary also excludes fringe benefits, overhead, and general and administrative expenses (also referred to as indirect costs or facilities and administrative costs). The salary rate limitation does not restrict the salary that an organization may pay an individual working under a Department of Health and Human Services contract or order; it merely limits the portion of that salary that may be paid with contract funds.

(c) The salary rate limitation also applies to individuals under subcontracts.

(d) If this is a multiple-year contract or order, it may be subject to unilateral modification by the Contracting Officer to ensure that an individual is not paid at a rate that exceeds the salary rate limitation provision established in the HHS appropriations act used to fund this contract.

(e) See the salaries and wages pay tables on the Office of Personnel Management website for Federal Executive Schedule salary levels.

(End of clause)

H.4 HHSAR 352.237-75 Key Personnel (Dec 2015) The key personnel specified in this contract are considered to be essential to work performance. At least 30 days prior to the contractor voluntarily diverting any of the specified individuals to other programs or contracts the Contractor shall notify the Contracting Officer and shall submit a justification for the diversion or replacement and a request to replace the individual. The request must identify the proposed replacement and provide an explanation of how the replacement's skills, experience, and credentials meet or exceed the requirements of the contract (including, when applicable, Human Subjects Testing requirements). If the employee of the contractor is terminated for cause or separates from the contractor voluntarily with less than thirty days notice, the Contractor shall provide the maximum notice practicable under the circumstances. The Contractor shall not divert, replace, or announce any such change to key personnel without the written consent of the Contracting Officer. The contract will be modified to add or delete key personnel as necessary to reflect the agreement of the parties.

(End of Clause)

H.5 HHSAR 352.239-74 Electronic and Information Technology Accessibility (Dec 2015)

(a) Pursuant to Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), as amended by the Workforce Investment Act of 1998, all electronic and information technology (EIT) supplies and services developed, acquired, or maintained under this contract or order must comply with the “Architectural and Transportation Barriers Compliance Board Electronic and Information Technology (EIT) Accessibility Standards” set forth by the Architectural and Transportation Barriers Compliance Board (also referred to as the “Access Board”) in 36 CFR part 1194. Information about Section 508 is available at http://www.hhs.gov/web/508. The complete text of Section 508 Final Provisions can be accessed at http://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-section-508-standards.

(b) The Section 508 accessibility standards applicable to this contract or order are identified in the Statement of Work or Specification or Performance Work Statement. The contractor must provide any necessary updates to the submitted HHS Product Assessment Template(s) at the end of each contract or order exceeding the simplified acquisition threshold (see FAR 2.101) when the contract or order duration is one year or less. If it is determined by the Government that EIT supplies and services provided by the Contractor do not conform to the described accessibility standards in the contract, remediation of the supplies or services to the level of conformance specified in the contract will be the responsibility of the Contractor at its own expense.

(c) The Section 508 accessibility standards applicable to this contract are: 1194.

205 WCAG 2.0 Level A & AA Success Criteria

302 Functional Performance Criteria

502 Inoperability with Assistive Technology

503 Applications

504 Authoring Tools

602 Support Documentation

603 Support Services

(d) In the event of a modification(s) to this contract or order, which adds new EIT supplies or services or revises the type of, or specifications for, supplies or services, the Contracting Officer may require that the contractor submit a completed HHS Section 508 Product Assessment Template and any other additional information necessary to assist the Government in determining that the EIT supplies or services conform to Section 508 accessibility standards. Instructions for documenting accessibility via the HHS Section 508 Product Assessment Template may be found under Section 508 policy on the HHS website: (http://www.hhs.gov/web/508). If it is determined by the Government that EIT supplies and services provided by the Contractor do not conform to the described accessibility standards in the contract, remediation of the supplies or services to the level of conformance specified in the contract will be the responsibility of the Contractor at its own expense.

(e) If this is an Indefinite Delivery contract, a Blanket Purchase Agreement or a Basic Ordering Agreement, the task/delivery order requests that include EIT supplies or services will define the specifications and accessibility standards for the order. In those cases, the Contractor may be required to provide a completed HHS Section 508 Product Assessment Template and any other additional information necessary to assist the Government in determining that the EIT supplies or services conform to Section 508 accessibility standards. Instructions for documenting accessibility via the HHS Section 508 Product Assessment Template may be found at http://www.hhs.gov/web/508. If it is determined by the Government that EIT supplies and services provided by the Contractor do not conform to the described accessibility standards in the provided documentation, remediation of the supplies or services to the level of conformance specified in the contract will be the responsibility of the Contractor at its own expense.

(End of clause)

H.6 CDCA_H004 Identification of Data (May 1998)

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

H.7 CDCA_H005 Data Subject to Privacy Act Requirements (Jul 2017)

(a) Notification is hereby given that the Contractor and its employees are subject to criminal penalties for violation of the Privacy Act to the same extent as employees of the Government. The Contractor shall assure that each of its employees knows the prescribed rules of conduct and that each is aware that he or she can be subjected to criminal penalty for violation of the Act.

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