RFP_75N9501900006_FINAL_Posted_2.5.2019.pdf
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- THE NIH NEUROBIOBANK BRAIN AND TISSUE REPOSITORY Federal contract opportunity
- Solicitation number
- 75N95019R00006
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OMB #0990-0115
National Institute of Mental Health (NIMH)
Request for Proposal (RFP) 75N95019R00006 “The NIH NeuroBioBank Brain and Tissue Repository”
Issued by:
Jeffrey E. Brown, Contracting Officer NIMH Section, Contracts Management Branch Red Office of Acquisitions, NIDA 6001 Executive Boulevard Room 8154, MSC 9661 Bethesda, MD 20892-9661
Point of Contact: jeffrey.brown@nih.gov, Contracting Officer E-Mail: jeffrey.brown@nih.gov Phone: 301.827.5852
DATE ISSUED: February 5, 2019
PROPOSAL DUE DATE: March 22, 2019 at 3:00 P.M. Eastern Time
Ladies and Gentlemen:
The National Institute of Mental Health (NIMH) invites you to submit a proposal responding to the requirements of this RFP No. 75N95019R00006 titled “The NIH NeuroBioBank Brain and Tissue Repository”
This RFP is prepared in accordance with the Uniform Contract Format (UCF) prescribed for Government Wide application by the Federal Acquisition Regulation (FAR). The UCF is both an RFP and contract award document. The resulting contract will consist of Parts I, II, III of the Uniform Contract Format.
NIMH expects to award multiple cost reimbursement, term (level of effort) type contracts with a 1-year base period, 4 option years, and option quantities. Future year funding will be dependent on the previous year’s performance and the availability of funds. The initial period of performance will start on or around September 2019. You should respond with technical and cost/price proposals based on the assumptions provided in Sections C and L. Please include separate cost/prices for each individual option.
SYSTEM FOR AWARD MANAGEMENT
All offerors must be REGISTERED and have an ACTIVE SAM.GOV account at the time an offer/proposal is submitted to the Government. All offerors registered in SAM.GOV must be in full compliance with FAR 52.204-13 System for Award Management Maintenance to be eligible to submit a proposal. The Government will not accept proposals from offerors who do not meet the SAM requirement.
General
Part IV of the RFP contains instructions, provisions, and evaluation factors for the submission and review of proposals. Attachment 2 is a "Proposal Intent Response Sheet." Please complete this form and return it by email to jeffrey.brown@nih.gov on or before 12:00 PM Eastern Time on Wednesday, February 20, 2019. The balance of Parts I, II, and III contain provisions, clauses, and special requirements which will be made a part of any resultant award.
Please review these sections and consider their impact on performance, capability, technical, and cost factors as you develop your proposal. Do not fill in blanks or otherwise complete portions of Parts I, II, and III which appear to require additional information. The Government will complete these items prior to contract award and, if negotiations are conducted, will tailor those items through final negotiations.
Requests for Information (RFIs)
Requests for clarification, additional information, or correction must be made in writing to the Contracting Officer. RFIs must be submitted on or before 12:00 PM Eastern Time on Wednesday, February 20, 2019. RFIs may be submitted by e-mail to jeffrey.brown@nih.gov and valerie.whipple@nih.gov with the subject line “RFI – RFP 75N95019R00006”.
The Business Proposal
The Business Proposal must contain a detailed breakdown of costs by individual option, for each cost category/element, an explanation of the basis for all costs, and provide documentation to support these costs. Please utilize the Breakdown of Proposed Estimated Costs and Excel spreadsheet contained in Attachment 16.
A completed Form NIH-2043, “Proposal Summary and Data Record” must be included with the Business Proposal. Please include the e-mail addresses of both the Principal Investigator and the responsible business representative on the form.
The Offeror must submit its Travel Policy, Total Compensation Plan and Annual Report with the initial Business Proposal.
See Section L.2.c. for additional details.
The Technical Proposal
Offerors shall complete and attach the “Technical Proposal Cover Sheet” to their technical proposal. Be sure to list all professional personnel and organizations named in the proposal who have any role in the proposed work including staff, subcontractors, collaborating organizations, and consultants. Organizational affiliation(s) must be shown for each person named. If needed, additional sheets may be included using the same format. This information is vital to ensure that no conflicts of interest exist with the review committee members.
Format and content requirements for the Technical Proposal are detailed in Section L.2.b.
mailto:christopher.weaver@nih.gov mailto:jeffrey.brown@nih.gov mailto:valerie.whipple@nih.gov
Submitting a Proposal
Proposals must be submitted via the electronic Contract Proposal Submission (eCPS) website (https://ecps.nih.gov) no later than Friday, March 22, 2019 at 3:00 PM Eastern Time. Proposals submitted by facsimile, e-mail, or hard copy will not be accepted. An official authorized to bind your organization must sign the proposal.
Offerors are solely responsible for submitting proposals in a timely manner. Please note that creating an eCPS account to submit a proposal may take up to three (3) business days. Please plan accordingly. Additional instructions on how to submit a proposal via eCPS can be found at https://ecps.nih.gov/home/howto and in Attachment 1.
All notices related to this solicitation will be posted on FedBizOpps (https://www.fbo.gov). If you would like to receive e-mail notifications of updates to this solicitation, please register with FedBizOpps.
In accordance with FAR 15.306(a)(3) and FAR 52.215-1, the Government intends to evaluate proposals and award a contract without discussions. Therefore, your initial proposal should contain the best terms from cost or price and technical standpoints. The Government does, however, reserve the right to conduct discussions if the Contracting Officer determines them to be necessary.
Disclaimers
This RFP does not commit the Government to pay the costs for the preparation and submission of a proposal. The Contracting Officer is the only individual who legally can commit the Government to the expenditure of public funds in connection with this acquisition.
Any contract award for this requirement is contingent on the availability of funds (see FAR 52.232-18, Availability of Funds – April 1984).
The National Institute of Mental Health appreciates your interest in this RFP and looks forward to receipt of your proposal. Requests for any information concerning this RFP should be directed to Jeffrey Brown, NIMH Section, Contracts Management Branch Red, who may be reached at (301) 827-5852 or jeffrey.brown@nih.gov; collect calls will not be accepted.
Discussions with any other individual outside the NIMH Section Contracts Management Branch Red should not occur.
Sincerely, Jeffrey E. Brown, Contracting Officer NIMH Section, Contracts Management Branch Red Office of Acquisitions, NIMH/NIH
Enclosure https://ecps.nih.gov/ https://ecps.nih.gov/home/howto https://www.fbo.gov/
- 1 -
SOLICITATION
SECTION A - SOLICITATION/CONTRACT FORM
1. Requisition or other Purchase Authority: Public Law 102-321
2. Request for Proposal (RFP) Number:
75N95019R00006
3. Issue Date:
2/5/2019
4. Set Aside:
[X] No
[ ] Yes See Part IV Section L
5. Title : The NIH NeuroBioBank Brain and Tissue Repository
6. ISSUED BY:
Office of Acquisitions National Insitute of Mental Health National Institutes of Health 6001 Excutive Boulevard Room 8154- MSC 9661 Bethesda, MD 20892-9661
7. SUBMIT OFFERS TO:
See Part III, Section J, "Packaging and Delivery of the Proposal for use with the NIH Electronic Contract Proposal Submission (eCPS) Website," ATTACHMENT 1 of this Solicitation.
8. Proposals for furnishing the supplies and/or services in THE SCHEDULE will be received at the place specified in, and in the number of copies specified in Attachment 1, "Packaging and Delivery of the Proposal," until 3 PM local time on March 22, 2019. ALL QUESTIONS PERTAINING TO THIS RFP MUST BE SUBMITTED TO MR. BROWN VIA EMAIL (SEE ITEM NO. 11) NO LATER THAN 12:00 P.M. (EST) ON 02/20/2019. Offers will be valid for 120 days unless a different period is specified by the offeror on the Attachment entitled, "Proposal Summary and Data Record, NIH 2043.
9. This solicitation requires delivery of proposals as stated in ATTACHMENT 1, "PACKAGING AND DELIVERY OF THE PROPOSAL." The OFFICIAL POINT OF RECEIPT for determining TIMELY DELIVERY is the NIH Electronic Contract Proposal Submission (eCPS) Website.
IF YOUR PROPOSAL IS NOT RECEIVED BY THE eCPS WEBSITE AT THE TIME SPECIFIED FOR THE OFFICE OF ACQUISITIONS, THEN IT WILL BE CONSIDERED LATE AND HANDLED IN ACCORDANCE WITH subparagraph (c)(3) of FAR Clause 52.215-1, Instructions to Offerors--Competitive Acquisition,"
LOCATED IN SECTION L.1. OF THIS SOLICITATION.
10. Offeror must be registered in the System for Award Management (SAM) at the time an offer is submitted.
Offerors must access the CCR through The System for Award Management (SAM) at http://www.sam.gov
11. FOR INFORMATION CALL: Jeffrey Brown
PHONE: 301-827-5852
e-MAIL: jeffrey.brown@nih.gov
COLLECT CALLS WILL NOT BE ACCEPTED.
Questions should be submitted via e-mail to: Jeffrey Brown (Jeffrey.brown@nih.gov) and Valerie Whipple (valerie.whipple@nih.gov).
Jeffrey E. Brown Contracting Officer Office of Acquisitions NIMH Section, NIDA OA http://www.sam.gov
RFP Number : 75N95019R00006
- 2 -
RFP TABLE OF CONTENTS
PART I - THE SCHEDULE
SECTION A - SOLICITATION/CONTRACT FORM
SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS
SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT
SECTION D - PACKAGING, MARKING AND SHIPPING
SECTION E - INSPECTION AND ACCEPTANCE
SECTION F - DELIVERIES OR PERFORMANCE
SECTION G - CONTRACT ADMINISTRATION DATA
SECTION H - SPECIAL CONTRACT REQUIREMENTS
PART II - CONTRACT CLAUSES
PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS
SECTION J - LIST OF ATTACHMENTS
SOLICITATION ATTACHMENTS
TECHNICAL PROPOSAL ATTACHMENTS
BUSINESS PROPOSAL ATTACHMENTS
INFORMATIONAL ATTACHMENTS
PART IV - REPRESENTATIONS AND INSTRUCTIONS
SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS
SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS
1. GENERAL INFORMATION
a. INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION
b. NAICS CODE AND SIZE STANDARD
c. TYPE OF CONTRACT AND NUMBER OF AWARDS
d. LEVEL OF EFFORT
e. COMMITMENT OF PUBLIC FUNDS
f. PROMOTING EFFICIENT SPENDING
g. COMMUNICATIONS PRIOR TO CONTRACT AWARD
h. RELEASE OF INFORMATION
i. PREPARATION COSTS
j. SERVICE OF PROTEST
2. INSTRUCTIONS TO OFFERORS
a. GENERAL INSTRUCTIONS
1. Contract Type and General Clauses
2. Authorized Official and Submission of Proposal
3. Proposal Summary and Data Record (NIH-2043)
4. Separation of Technical and Business Proposals
5. Alternate Proposals
6. Evaluation of Proposals
7. Potential Award Without Discussions
8. Use of the Metric System of Measurement
9. Standards for Privacy of Individually Identifiable Health Information
10. Privacy Act - Treatment of Proposal Information
- 3 -
11. Selection of Offerors
12. Institutional Responsibility Regarding Investigator Conflicts of Interest
13. ROTC Access and Federal Military Recruiting on Campus
14. Past Performance Information
16. Electronic Information Technology Accessibility Notice, HHSAR 352.239-73 (December 2015)
17. Solicitation Provisions Incorporated by Reference
b. TECHNICAL PROPOSAL INSTRUCTIONS
1. Technical Discussions
2. Other Considerations
3. Technical Evaluation
4. Human Subjects
Notice to Offerors of Requirements, Protection of Human Subjects, HHSAR 270-4(a)
Instructions to Offerors Regarding Protection of Human Subjects
Research Involving Human Fetal Tissue
5. Obtaining and Disseminating Biomedical Research Resources
c. BUSINESS PROPOSAL INSTRUCTIONS
1. Basic Cost/Price Information
2. Proposal Cover Sheet
3. Information Other than Cost or Pricing Data
4. Requirements for Cost or Pricing Data or Information Other than Cost and Pricing Data
5. Salary Rate Limitation
6. Small Business Subcontracting Plan
7. Mentor Protege Program, HHSAR 352.219-70
8. HUBZone Small Business Concerns
9. Total Compensation Plan
10. Other Administrative Data
11. Qualifications of the Offeror
12. Subcontractors
13. Proposer's Annual Financial Report
14. Travel Costs/Travel Policy
SECTION M - EVALUATION FACTORS FOR AWARD
1. GENERAL
2. COST/PRICE EVALUATION
3. EVALUATION OF OPTIONS
4. EVALUATION OF DATA SHARING PLAN
5. TECHNICAL EVALUATION FACTORS
6. EVALUATION OF ELECTRONIC AND INFORMATION TECHNOLOGY ACCESSIBILITY- SECTION
7. PAST PERFORMANCE FACTOR
- 4 -
PART I - THE SCHEDULE
THE INFORMATION SET FORTH IN SECTION A - SOLICITATION/CONTRACT FORM, HEREIN CONTAINS IMPORTANT INFORMATION FOR ANY OFFEROR INTERESTED IN RESPONDING TO THIS SOLICITATION.
ANY CONTRACT RESULTING FROM THIS SOLICITATION WILL INCLUDE IN ITS SECTION A - SOLICITATION/ CONTRACT FORM, ACCOUNTING, APPROPRIATION AND GENERAL INFORMATION APPLICABLE TO THE
CONTRACT AWARD.
THE CONTRACT SCHEDULE SET FORTH IN SECTIONS B THROUGH H, HEREIN, CONTAINS CONTRACTUAL INFORMATION PERTINENT TO THIS SOLICITATION. IT IS NOT AN EXACT REPRESENTATION OF THE CONTRACT DOCUMENT THAT WILL BE AWARDED AS A RESULT OF THIS SOLICITATION. THE CONTRACT COST OR PRICE AND OTHER CONTRACTUAL PROVISIONS PERTINENT TO THE OFFEROR (i.e., those relating to the organizational structure [e.g., Non-Profit, Commercial] and specific cost authorizations unique to the Offeror's proposal and requiring Contracting Officer Prior Approval) WILL BE DISCUSSED IN THE NEGOTIATION PROCESS AND WILL BE INCLUDED IN THE RESULTANT CONTRACT. THE ENCLOSED CONTRACT SCHEDULE IS
INTENDED TO PROVIDE THE OFFEROR WITH THE NECESSARY INFORMATION TO UNDERSTAND THE
TERMS AND CONDITIONS OF THE RESULTANT CONTRACT.
SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS
ARTICLE B.1. BRIEF DESCRIPTION OF SUPPLIES OR SERVICES
The objective of this initiative is to increase the availability of human disease and control specimens for research (brain and central nervous system (CNS) tissues) by establishing contract collection site(s) to more efficiently acquire, curate, store, and distribute these specimens to qualified investigators. A broader objective is to increase proactive involvement of the disease advocacy and patient communitities, with the ultimate goal of reducing the burden of nervous system disorders. It is anticipated that multiple contract collection sites will be established from this RFP.
The purpose of this contract is to establish collection sites(s) (i.e., the NIH Brain and Tissue Repository (NBTR)) to provide services that will actively acquire, receive, process, store, curate, preserve, and distribute CNS and related biological specimens to qualified investigators.
ARTICLE B.2. ESTIMATED COST - OPTION
a. The estimated cost of the Base Period of this contract is $ .
b. If the Government exercises its option pursuant to the OPTION PROVISION Article in SECTION H of this contract, the Government's total estimated contract amount represented by the sum of the estimated cost plus the fixed fee will be increased as follows:
Estimated Cost
Fixed Fee
Estimated Cost Plus Fixed Fee
Base Period
Option Period 1 (Contract Year 2)
Option Period 2 (Contract Year 3)
Option Period 3 (Contract Year 4)
Option Period 4 (Contract Year 5)
Total
[Base Period and Option(s)]
- 5 -
c. If the Government exercises its option for additional quantities of hours under this contract, pursuant to the OPTION PROVISION Article in SECTION H of this contract, the Government's total estimated contract amount will be increased as follows:
Period of Performance Option Quantities for Additional Hours (Estimated Cost) ($)
Option Quantity 1 5% effort* Base Period Option Period 1 (Contract Year 2) Option Period 2 (Contract Year 3) Option Period 3 (Contract Year 4) Option Period 4 (Contract Year 5) Transition Option (Final Year of Contract)** Transition Option (up to 80% effort less any exercised
Option Quantities) TOTAL Base Period & Option(s)
*Note: Options for additional quantities of effort (hours) may be exercised be exercised up to 16 times per contract year. **Tranisition Option can be exercised only during the final year of contract performane. When Tranisition Option is exercised, the total effort for the Transition Option and any exercised Option Quantities cannot exceed 80% of effort.
ARTICLE B.3. PROVISIONS APPLICABLE TO DIRECT COSTS
This article will prohibit or restrict the use of contract funds, unless otherwise approved by the Contracting Officer. The following is a list of items that may be included in the resultant contract as applicable. 1) Conferences & Meetings, 2) Food for Meals, Light Refreshments & Beverages, 3) Promotional Items, 4) Acquisition, by purchase or lease, of any interest in real property; 5) Special rearrangement or alteration of facilities; 6) Purchase or lease of any item of general purpose office furniture or office equipment regardless of dollar value; 7) Travel Costs including Foreign Travel; 8) Consultant Costs; 9) Subcontract Costs; 10) Patient Care Costs; 11) Accountable Government Property; 12) Printing costs; and 13) Research Funding.
ARTICLE B.4. ADVANCE UNDERSTANDINGS
Specific elements of cost, which normally require prior written approval of the Contracting Officer before incurrence of the cost (e.g., foreign travel, consultant fees, subcontracts) will be included in this Article if the Contracting Officer has granted his/her approval prior to contract award.
[Remainder of the Page Intentionally Left Blank]
- 6 -
SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT
ARTICLE C.1. STATEMENT OF WORK
a. Independently and not as an agent of the Government, the Contractor shall be required to furnish all the necessary services, qualified personnel, material, equipment, and facilities, not otherwise provided by the Government, as needed to perform the Statement of Work, dated December 11, 2018, attached hereto and made a part of this Solicitation (See SECTION J - List of Attachments).
b. The applicable Privacy Act System of Records Number will be specified and shall be used in any design, development, or operation work to be performed under the resultant contract. Disposition of records shall be in accordance with SECTION C of the contract, and by direction of the Contracting Officer's Representative (COR).
ARTICLE C.2. REPORTING REQUIREMENTS
All reports required herein shall be submitted in electronic format. In addition, one hardcopy of each report shall be submitted to the Contracting Officer.
All electronic reports submitted shall be compliant with Section 508 of the Rehabilitation Act of 1973. Additional information about testing documents for Section 508 compliance, including guidance and specific checklists, by application, can be found at: http://www.hhs.gov/web/508/index.html under "Making Files Accessible."
All paper/hardcopy documents/reports submitted under this contract shall be printed or copied, double-sided, on at least 30 percent post consumer fiber paper, whenever practicable, in accordance with FAR 4.302(b).
a. Technical Progress Reports
1. In addition to the required reports set forth elsewhere in this Schedule, the preparation and submission of regularly recurring Technical Progress Reports will be required in any contract resulting from this solicitation. These reports will require descriptive information about the activities undertaken during the reporting period and will require information about planned activities for future reporting periods. The frequency and specific content of these reports will be determined prior to contract award. T he Contractor shall include the applicable PubMed Central or NIH Manuscript Submission reference number when citing publications that arise from its NIH funded research.
For proposal preparation purposes only, it is estimated that in addition to the required electronic version(s) hard copies of these reports will be required as follows:
[ ] Monthly [X] Quarterly [ ] Semi-Annually [X] Annually [X] Annually (with a requirement for a Draft Annual Report) [X] Final - Upon final completion of the contract [X] Final - Upon final completion of the contract (with a requirement for a Draft Final Report)
2. Summary of Salient Results
The Contractor will be required to prepare and submit, with the final report, a summary (not to exceed 200 words) of salient results achieved during the performance of the contract. This report will be required on or before the expiration date of the contract.
http://www.hhs.gov/web/508/index.html
- 7 -
b. Other Reports/Deliverables
1. Reporting of Financial Conflict of Interest (FCOI)
All reports and documentation required by 45 CFR Part 94, Responsible Prospective Contractors including, but not limited to, the New FCOI Report, Annual FCOI Report, Revised FCOI Report, and the Mitigation Report, shall be submitted to the Contracting Officer in Electronic format. Thereafter, reports shall be due in accordance with the regulatory compliance requirements in 45 CFR Part 94.
45 CFR Part 94 is available at: http://www.ecfr.gov/cgi-bin/text-idx?
c=ecfr&SID=0af84ca649a74846f102aaf664da1623&rgn=div5&view=text&node=45:1.0.1.1.51&idno=45.
See Part 94.5, Management and reporting of financial conflicts of interest for complete information on reporting requirements.
(Reference subparagraph g. of the INSTITUTIONAL RESPONSIBILITY REGARDING INVESTIGATOR FINANCIAL CONFLICTS OF INTEREST Article in SECTION H of this contract.)
HHS SECURITY AND PRIVACY LANGUAGE FOR INFORMATION AND IT PROCUREMENTS
INFORMATION AND/OR PHYSICAL SECURITY
A. Security Assessment and Authorization (SA&A)- A valid authority to operate (ATO) certifies that the Contractor's information system meets the contract's requirements to protect the agency data. If the system under this contract does not have a valid ATO, the Contractor (and/or any subcontractor) shall work with the agency and supply the deliverables required to complete the ATO within the specified timeline(s) within three
(3) months after contract award. The Contractor shall conduct the SA&A requirements in accordance with HHS IS2P, NIST SP 800-37, Guide for Applying the Risk Management Framework to Federal Information Systems: A Security Life Cycle Approach (latest revision).
For an existing ATO, Contracting Officer Representative must make a determination if the existing ATO provides appropriate safeguards or if an additional ATO is required for the performance of the contract and state as such.
NIH acceptance of the ATO does not alleviate the Contractor's responsibility to ensure the system security and privacy controls are implemented and operating effectively.
B. SA&A Package Deliverables - The Contractor (and/or any subcontractor) shall provide an SA&A package within 30 days of contract award to the CO and/or COR. The following SA&A deliverables are required to complete the SA&A package.
• System Security Plan (SSP) - due within 30 days after contract award. The SSP shall comply with the NIST SP 800-18, Guide for Developing Security Plans for Federal Information Systems, the Federal Information Processing Standard (FIPS) 200, Recommended Security Controls for Federal Information Systems, and NIST SP 800-53, Security and Privacy Controls for Federal Information Systems and Organizations applicable baseline requirements, and other applicable NIST guidance as well as HHS and NIH policies and other guidance. The SSP shall be consistent with and detail the approach to IT security contained in the Contractor's bid or proposal that resulted in the award of this contract. The SSP shall provide an overview of the system environment and security requirements to protect the information system as well as describe all applicable security controls in place or planned for meeting those requirements. It should provide a structured process for planning adequate, cost-effective security protection for a system. The Contractor shall update the SSP at least annually thereafter.
• Security Assessment Plan/Report (SAP/SAR) - due 30 days after the contract award. The security assessment shall be conducted by the assessor and be consistent with NIST SP 800-53A, NIST SP 800-30, and HHS and NIH policies. The assessor will document the assessment results in the SAR.
The NIH should determine which security control baseline applies and then make a determination on the appropriateness/necessity of obtaining an independent assessment. Assessments of controls can be http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&SID=0af84ca649a74846f102aaf664da1623&rgn=div5&view=text&node=45:1.0.1.1.51&idno=45 http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&SID=0af84ca649a74846f102aaf664da1623&rgn=div5&view=text&node=45:1.0.1.1.51&idno=45
- 8 -performed by contractor, government, or third parties, with third party verification considered the strongest. If independent assessment is required, include statement below.
Thereafter, the Contractor, in coordination with the NIH shall conduct/assist in the assessment of the security controls and update the SAR at least annually.
• Independent Assessment - due 90 days after the contract award. The Contractor (and/or subcontractor) shall have an independent third-party validate the security and privacy controls in place for the system(s). The independent third party shall review and analyze the Security Authorization package, and report on technical, operational, and management level deficiencies as outlined in NIST SP 800-53. The Contractor shall address all "high" deficiencies before submitting the package to the Government for acceptance. All remaining deficiencies must be documented in a system Plan of Actions and Milestones (POA&M).
• POA&M - due 30 days after contract award. The POA&M shall be documented consistent with the HHS Standard for Plan of Action and Milestones and NIH policies. All high-risk weaknesses must be mitigated within 30 days and all medium weaknesses must be mitigated within 60 days from the date the weaknesses are formally identified and documented. The NIH will determine the risk rating of vulnerabilities. Identified risks stemming from deficiencies related to the security control baseline implementation, assessment, continuous monitoring, vulnerability scanning, and other security reviews and sources, as documented in the SAR, shall be documented and tracked by the Contractor for mitigation in the POA&M document. Depending on the severity of the risks, NIH may require designated POAM weaknesses to be remediated before an ATO is issued.
Thereafter, the POA&M shall be updated at least quarterly.
C. Contingency Plan and Contingency Plan Test - due 60 days after contract award. The Contingency Plan must be developed in accordance with NIST SP 800-34, Contingency Planning Guide for Federal Information Systems, and be consistent with HHS and NIH policies. Upon acceptance by the System Owner, the Contractor, in coordination with the System Owner, shall test the Contingency Plan and prepare a Contingency Plan Test Report that includes the test results, lessons learned and any action items that need to be addressed.
Thereafter, the Contractor shall update and test the Contingency Plan at least annually.
• E-Authentication Questionnaire - The contractor (and/or any subcontractor) shall collaborate with government personnel to ensure that an E-Authentication Threshold Analysis (E-auth TA) is completed to determine if a full E-Authentication Risk Assessment (E-auth RA) is necessary. System documentation developed for a system using E-auth TA/E-auth RA methods shall follow OMB 04-04 and NIST SP 800-63, Rev. 2, Electronic Authentication Guidelines.
Based on the level of assurance determined by the E-Auth, the Contractor (and/or subcontractor) must ensure appropriate authentication to the system, including remote authentication, is in-place in accordance with the assurance level determined by the E-Auth (when required) in accordance with HHS policies.
D. POSITION SENSITIVITY DESIGNATIONS
All Contractor (and/or any subcontractor) employees must obtain a background investigation commensurate with their position sensitivity designation that complies with Parts 1400 and 731 of Title 5, Code of Federal Regulations (CFR). The following position sensitivity designation levels apply to this solicitation/contract:
[ ] Level 6: Public Trust - High Risk. Contractor/subcontractor employees assigned to Level 6 positions shall undergo a Suitability Determination and Background Investigation (MBI).
[ ] Level 5: Public Trust - Moderate Risk. Contractor/subcontractor employees assigned to Level 5 positions with no previous investigation and approval shall undergo a Suitability Determination and a Minimum Background Investigation (MBI), or a Limited Background Investigation (LBI).
[X] Level 1: Non-Sensitive. Contractor/subcontractor employees assigned to Level 1 positions shall undergo a Suitability Determination and National Check and Inquiry Investigation (NACI).
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1. HOMELAND SECURITY PRESIDENTIAL DIRECTIVE (HSPD)-12
Roster-
a. The Contractor (and/or any subcontractor) shall submit a roster by name, position, e-mail address, phone number and responsibility, of all staff working under this acquisition where the Contractor will develop, have the ability to access, or host and/or maintain a government information system(s). The roster shall be submitted to the COR and/or CO within fourteen (14) calendar days after the effective date of this contract. Any revisions to the roster as a result of staffing changes shall be submitted within seven (7) calendar days of the change.
The COR will notify the Contractor of the appropriate level of investigation required for each staff member. An electronic template, "Roster of Employees Requiring Suitability Investigations," is available for contractor use at:
https://ocio.nih.gov/aboutus/publicinfosecurity/acquisition/Documents/SuitabilityRoster_10-15-12.xlsx.
b. If the Contractor is filling a new position, the Contractor shall provide a position description and the Government will determine the appropriate suitability level. Upon receipt of the Government's notification of applicable Suitability Investigations required, the Contractor shall complete and submit the required forms within 30 days of the notification.
c. Upon receipt of the Government's notification of applicable Suitability Investigations required, the Contractor shall complete and submit the required forms within 30 days of the notification.
d. The Contractor shall notify the Contracting Officer in advance when any new personnel, who are subject to a background check/investigation, will work under the contract and if they have previously been the subject of national agency checks or background investigations.
e. All contractor and subcontractor employees shall comply with the conditions established for their designated position sensitivity level prior to performing any work under this contract. Contractors may begin work after the fingerprint check has been completed.
f. Investigations are expensive and may delay performance, regardless of the outcome of the investigation. Delays associated with rejections and consequent re-investigations may not be excusable in accordance with the FAR clause, Excusable Delays - see FAR 52.249-14. Accordingly, the Contractor shall ensure that any additional employees whose names it submits for work under this contract have a reasonable chance for approval.
g. Typically, the Government investigates personnel at no cost to the Contractor. However, multiple investigations for the same position may, at the Contracting Officer's discretion, justify reduction(s) in the contract price of no more that the cost of the additional investigation(s).
h. The Contractor shall include language similar to this "HHS Controlled Facilities and Information Systems Security" language in all subcontracts that require subcontractor personnel to have the same frequency and duration of (1) physical access to an HHS-controlled facility; (2) logical access to an HHS-controlled information system; (3) access to sensitive HHS data/information, whether in an HHS-controlled information system or in hard copy; or (4) any combination of circumstances (1) through (3).
i. The Contractor shall direct inquiries, including requests for forms and assistance, to the Contracting Officer or designee.
j. Within 7 calendar days after the Government's final acceptance of the work under this contract, or upon termination of the contract, the Contractor shall return all identification badges to the Contracting Officer or designee.
E. CONTRACT INITIATION AND EXPIRATION
https://ocio.nih.gov/aboutus/publicinfosecurity/acquisition/Documents/SuitabilityRoster_10-15-12.xlsx
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1. General Security Requirements- The Contractor (and/or any subcontractor) shall comply with information security and privacy requirements, Enterprise Performance Life Cycle (EPLC) processes, HHS Enterprise Architecture requirements to ensure information is appropriately protected from initiation to expiration of the contract. All information systems development or enhancement tasks supported by the contractor shall follow the HHS EPLC framework and methodology or and in accordance with the HHS Contract Closeout Guide (2012).
HHS EA requirements may be located here: https://www.hhs.gov/ocio/ea/documents/proplans.html
2. System Documentation- Contractors (and/or any subcontractors) must follow and adhere to NIST SP 800-64, Security Considerations in the System Development Life Cycle, at a minimum, for system development and provide system documentation at designated intervals (specifically, at the expiration of the contract) within the EPLC that require artifact review and approval.
3. Sanitization of Government Files and Information- As part of contract closeout and at expiration of the contract, the Contractor (and/or any subcontractor) shall provide all required documentation in accordance with the NIH Media Sanitization and Disposal Policy to the CO and/or COR to certify that, at the government's direction, all electronic and paper records are appropriately disposed of and all devices and media are sanitized in accordance with NIST SP 800-88, Guidelines for Media Sanitization.
4. Notification- The Contractor (and/or any subcontractor) shall notify the CO and/or COR and system ISSO within fifteen days before an employee stops working under this contract.
5. Contractor Responsibilities Upon Physical Completion of the Contract- The contractor (and/or any subcontractors) shall return all government information and IT resources (i.e., government information in non-government-owned systems, media, and backup systems) acquired during the term of this contract to the CO and/or COR. Additionally, the Contractor shall provide a certification that all government information has been properly sanitized and purged from Contractor-owned systems, including backup systems and media used during contract performance, in accordance with HHS and/or NIH policies.
6. The Contractor (and/or any subcontractor) shall perform and document the actions identified in the NIH Contractor Employee Separation Checklist https://ocio.nih.gov/aboutus/publicinfosecurity/acquisition/Documents/ Emp-sep-checklist.pdf when an employee terminates work under this contract within 2 days of the employee's exit from the contract. All documentation shall be made available to the CO and/or COR upon request.
F. Contractor Non-Disclosure Agreement (NDA)- Each Contractor (and/or any subcontractor) employee having access to non-public government information under this contract shall complete the NIH non-disclosure agreement https://ocio.nih.gov/aboutus/publicinfosecurity/acquisition/Documents/Nondisclosure.pdf , as applicable. A copy of each signed and witnessed NDA shall be submitted to the Contracting Officer (CO) and/or CO Representative (COR) prior to performing any work under this acquisition.
G. Vulnerability Scanning Reports The Contractor shall report the results of the required monthly special vulnerability scans no later than 10 days following the end of each reporting period. If required monthly, this report may be included as part of the Technical Progress Report. Otherwise, this report shall be submitted under a separate cover on monthly basis.
H. Government Access for Security Assessment. In addition to the Inspection Clause in the contract, the Contractor (and/or any subcontractor) shall afford the Government access to the Contractor's facilities, installations, operations, documentation, information systems, and personnel used in performance of this contract to the extent required to carry out a program of security assessment (to include vulnerability testing), investigation, and audit to safeguard against threats and hazards to the confidentiality, integrity, and availability of federal data or to the protection of information systems operated on behalf of HHS, including but are not limited to:
a. At any tier handling or accessing information, consent to and allow the Government, or an independent third party working at the Government's direction, without notice at any time during a weekday during regular business hours contractor local time, to access contractor and subcontractor installations, facilities, infrastructure, data centers, equipment (including but not limited to all servers, computing devices, and portable https://www.hhs.gov/ocio/ea/documents/proplans.html
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The Government includes but is not limited to the U.S. Department of Justice, U.S. Government Accountability Office, and the HHS Office of the Inspector General (OIG). The purpose of the access is to facilitate performance inspections and reviews, security and compliance audits, and law enforcement investigations. For security audits, the audit may include but not be limited to such items as buffer overflows, open ports, unnecessary services, lack of user input filtering, cross site scripting vulnerabilities, SQL injection vulnerabilities, and any other known vulnerabilities.
b. At any tier handling or accessing protected information, fully cooperate with all audits, inspections, investigations, forensic analysis, or other reviews or requirements needed to carry out requirements presented in applicable law or policy. Beyond providing access, full cooperation also includes, but is not limited to, disclosure to investigators of information sufficient to identify the nature and extent of any criminal or fraudulent activity and the individuals responsible for that activity. It includes timely and complete production of requested data, metadata, information, and records relevant to any inspection, audit, investigation, or review, and making employees of the contractor available for interview by inspectors, auditors, and investigators upon request. Full cooperation also includes allowing the Government to make reproductions or copies of information and equipment, including, if necessary, collecting a machine or system image capture.
c. Segregate Government protected information and metadata on the handling of Government protected information from other information. Commingling of information is prohibited. Inspectors, auditors, and investigators will not be precluded from having access to the sought information if sought information is commingled with other information.
d. Cooperate with inspections, audits, investigations, and reviews.
2. Section 508 Annual Report
The contractor shall submit an annual Section 508 report in accordance with the schedule set forth by the Contracting Officer (CO)/Contracting Officer's Representative (COR). The Section 508 Report Template and Instructions for completing the report are available at: http://www.hhs.gov/web/508/ contracting/technology/vendors.html under "Vendor Information and Documents."
ARTICLE C.3. INVENTION REPORTING REQUIREMENT
All reports and documentation required by FAR Clause 52.227-11, Patent Rights-Ownership by the Contractor including, but not limited to, the invention disclosure report, the confirmatory license, and the Government support certification, shall be directed to the Division of Extramural Inventions and Technology Resources (DEITR), OPERA, OER, NIH, 6705 Rockledge Drive, Suite 310, MSC 7980, Bethesda, Maryland 20892-7980 (Telephone: 301-435-1986). In addition, one copy of an annual utilization report, and a copy of the final invention statement, shall be submitted to the Contracting Officer. The final invention statement (see FAR 27.303(b)(2)(ii)) shall be submitted to the Contracting Officer on the expiration date of the contract.
The first annual utilization report shall be due on or before 15 calendar days after the end of the base period (if option period is exercised). Thereafter, reports shall be due on or before the 15 Calendar day following the reporting period.
The final invention statement (see FAR 27.303(b)(2)(ii)) shall be submitted on the expiration date of the contract. All reports shall be sent to the following address:
Contracting Officer NIMH Section 1, Red Branch NIDA Office of Acquisition National Institutes of Health 6001 Executive Blvd., Room 8154 Bethesda, Maryland 20892- 9661 http://www.hhs.gov/web/508/contracting/technology/vendors.html http://www.hhs.gov/web/508/contracting/technology/vendors.html
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If no invention is disclosed or no activity has occurred on a previously disclosed invention during the applicable reporting period, a negative report shall be submitted to the Contracting Officer at the address listed above.
To assist contractors in complying with invention reporting requirements of the clause, the NIH has developed "Interagency Edison," an electronic invention reporting system. Use of Interagency Edison is required as it streamlines the reporting process and greatly reduces paperwork. Access to the system is through a secure interactive Web site to ensure that all information submitted is protected. Interagency Edison and information relating to the capabilities of the system can be obtained from the Web ( http://www.iedison.gov), or by contacting the Extramural Inventions and Technology Resources Branch, OPERA, NIH.
http://www.iedison.gov
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SECTION D - PACKAGING, MARKING AND SHIPPING
All deliverables required under this contract shall be packaged, marked and shipped in accordance with Government specifications. At a minimum, all deliverables shall be marked with the contract number and Contractor name. The Contractor shall guarantee that all required materials shall be delivered in immediate usable and acceptable condition.
The Contractor shall have the appropriate shipping licenses and permits from local, State, Federal and International authorities for the safe import, storage, and distribution of biological specimens, according to current regulatory guidelines, as applicable.
Refer to Attachment 3, Statement of Work for additional shipping details.
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SECTION E - INSPECTION AND ACCEPTANCE
a. The Contracting Officer or the duly authorized representative will perform inspection and acceptance of materials and services to be provided.
b. For the purpose of this SECTION, the Contracting Officer's Representative (COR) listed in ARTICLE G.1. is the authorized representative of the Contracting Officer.
c. Inspection and acceptance will be performed at:
National Institute of Mental Health (NIMH) 6001 Executive Blvd.
Bethesda, MD 20892
Acceptance may be presumed unless otherwise indicated in writing by the Contracting Officer or the duly authorized representative within 30 days of receipt.
d. This contract incorporates the following clause by reference, with the same force and effect as if it were given in full text. Upon request, the Contracting Officer will make its full text available.
FAR Clause 52.246-9, Inspection of Research and Development (Short Form) (April 1984).
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SECTION F - DELIVERIES OR PERFORMANCE
ARTICLE F.1. PERIOD OF PERFORMANCE
a. The period of performance of this contract shall be from September 1, 2019 through August 31, 2020.
b. If the Government exercises its option(s) pursuant to the OPTION PROVISION Article in Section H of this contract, the period of performance will be increased as listed below:
Option Option Period
Option Period 1 (Contract Year 2)
September 1, 2020 - August 31, 2021
Option Period 2 (Contract Year 3)
September 1, 2021 - August 31, 2022
Option Period 3 (Contract Year 4)
September 1, 2022 - August 31, 2023
Option Period 4 (Contract Year 4)
September 1, 2023 - August 31, 2024
ARTICLE F.2. DELIVERIES
Satisfactory performance of the final contract shall be deemed to occur upon performance of the work described in the Description Article in SECTION C of this contract and upon delivery and acceptance by the Contracting Officer, or the duly authorized representative, of the following items in accordance with the stated delivery schedule:
a. The items specified below as described in the REPORTING REQUIREMENTS Article in SECTION C of this contract will be required to be delivered F.o.b. Destination as set forth in FAR 52.247-35, F.o.b. DESTINATION, WITHIN CONSIGNEES PREMISES (APRIL 1984), and in accordance with and by the date(s) specified below and any specifications stated in SECTION D, PACKAGING, MARKING AND SHIPPING, of this contract:
Item Description Quantity Delivery Schedule
(1) Level of Effort (Direct
Labor Hours) and Report Electronic Monthly; provide breakdown of LOE/ hours for each named personnel as supporting documentation with monthly invoices and as indicated in the Statement of Work (SOW)
(2) Standard Operating Procedures (SOP)
Electronic Due within thirty (30) calendar days after contract award; in accordance with information provided in the
SOW
(3) Quarterly Technical Progress Reports
Electronic Due quarterly, fifteen (15) calendar days following completion of the contract quarter, and with the final due on contract completion date; in accordance
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Item Description Quantity Delivery Schedule with Section C.2 of the contract and as specified in the SOW (Include donor acquisition reports, specimen integrity evaluations)
(4) Annual Technical Progress Report
Electronic and one (1) hard copy
Due annually, no later than the 20th calendar day of the month following the end of the contract yearl in accordance with Section C. of the contract and as specified in the SOW.
(5) Final Technical Progress Report
Electronic and one (1) hard copy
Submit by completion date of the Contract in accordance with Section C of the contract and as specified in the SOW.
(6) Quality Assurance System/Quality Mangement Program (QMP) Plan
Electronic Due sixty (60) calendar days following contract award; in accordance with Section C of the contract and SOW; include details of updates/changes made in scheduled Technical Progress Reports
(7) Quality Control Reports Electronic; with execption of the reports due with the Annual and Final Reports
Quarterly, Annually, and Final with the scheduled Techincal Progress Reports, in accordance with Section C of the contract and SOW.
(8) Laboratory Information Management System
(LIMS)
Electronic Due within fourteen (14) business day after contract award; include details of any updates/changes made in scheduled Technical Progress Reports.
(9) Transition Plan Electronic; with exception of the reports due with the Annual and Final reports
Due six (6) month after award and thereafter, annually with the Annual Technical Report and with the Final Technical Report; in accordance with Section C of Contract and Attachment 3, SOW.
(10) Roster of Employees Requiring Suitability Investigations (including status updates on background investigations)
Electronic Due within fourteen
(14) calendar days of contract award and within fourteen (14) calendar days of new Contractor or Subcontractor employees
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Item Description Quantity Delivery Schedule start work date on the contract. In accordance with Section C and H of contract (notification of applicable suitability investigation)
(11) System Security Plan
(SSP)
Electronic Due within 30 days after contract award
(12) Security Assessment Plan Report (SAP/SAR)
Electronic Due within 30 days after contract award
(13) FIPS 199 Assessment Electronic Due within 30 days after contract award
(14) Independent Assessment and Authorization (A&A)
Electronic Due within three (3) months after contract award.
(15) Plan of Actions and Milestones (POA&M)
Electronic Due within 30 days after contract award
(16) Contingency Plan and Contingency Plan Test
Electronic Due within 60 days after contract award
(17) Reporting of New and Departing Employees/ Employee Separation Checklist
Electronic Due within five (5) working days for new and departing employee
(18) Contractor - Employee Non-Disclosure Agreements
Electronic Due to the COR and CO prior to Contractor and/or Subcontractor employees perfoming work under the contract.
(19) Vulnerability Scanning Requirements
Electronic Due monthly
(20) Standard for Security Configurations Memo
Electronic Due within 90 days of award and thereafter annually with the Annual Technical Progress Report
(21) Standard for Encryption Language Memo
Electronic and one (1) hard copy with the Annual Techincal Report
Due within 90 days of award and thereafter annually with the Annual Technical Progress Report
(22) Information Security Training and Report
Electronic and one (1) hard copy
Due prior to Contractor and/or Subcontractor employees performing any work on the contract and annually with the Annual Technical Progress Report.
(23) Section 508 Annual Report Electronic and one (1) hard copy
Due annually, with the Annual Technical Progress Report and Final Technical Progress Report
(24) Required Education - Protection of Human Research Participants
Electronic Due prior to substitution of the Principal Investigator and or other individuals.
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Item Description Quantity Delivery Schedule
(25) Small Business
Subcontracting Reports Submission at: http://www/ esrs.gov
Due semi-annually, on or before April 30th (individual report) and on or before October 30th…
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