75P00120R00138_BASE.docx

National Survey of Health Information Exchange Organizations (HIO)

75P00120R00138_BASE

SECTION B - Supplies or Services and Prices/Costs

B.1 BRIEF DESCRIPTION OF SERVICES

A contract to support ONC’s efforts to fund a national survey of health information exchange organizations (HIOs)

B.2 TYPE OF CONTRACT

The contract type awarded is a Firm – Fixed price

B.3 NONSEVERABLE SERVICES

The services specified in each contract line item (CLIN) have been determined to be nonseverable services - a specific undertaking or entire job with a defined end product of value to the Government.

B.4 CONSIDERATION AND PAYMENT (Fixed Price – Separate Nonseverable Services Components)

In consideration of satisfactory performance of the work as described throughout this contract, the Contractor shall be paid a fixed price for each CLIN (if exercised). If the options are exercised subsequent year funding will be obligated by modification to the contract. The base period and option periods are priced as follows:

CLIN 1 – Services Component 1: August 31, 2020 – August 30, 2022 This is a line item for non-commercial, non-severable services. The end product of value is specified in Section C.

Fixed Price: ______________

SECTION C - Description/Specifications/Statement of Work

National Survey of Health Information Exchange Organizations

C. 1. Background The 21st Century Cures Act (Cures Act), enacted in 2016, has a number of health IT provisions that are being developed and implemented to address various barriers to health information exchange that intersect with health information exchange organizations (HIOs). Health information exchange organizations, which provide both the technical infrastructure and governance to enable exchange, have worked with a diverse set of stakeholders in their communities, whether at the local, state or regional level. A number of studies have found the use of health information exchange organizations (HIOs) is significantly associated with greater exchange and interoperability in hospital settings.

Currently, health care providers may have to join multiple networks in order to exchange with their referral partners as limited exchange is occurring across networks. A key aspect of the health IT provisions of the Cures Act is to implement a trusted exchange framework and common agreement that will enable exchange across disparate health information exchange networks. Qualified Health Information Networks (QHINs) shall connect to each other once they join the TEFCA; their participants (including health information exchange organizations) will then be able to share information across participating QHINs. Assessing the early implementation of the TEFCA and its perceived effect on information exchange organizations’ role in facilitate exchange will be important to guiding ONC policy.

Another key aspect of the Cures Act is to address information blocking, a practice that “is likely to interfere with, prevent, or materially discourage access, exchange, or use of electronic health information.” According to the Cures Act, health care providers and technology vendors shall be penalized for these actions. While complaints and penalties can be tracked to monitor information blocking, these would likely capture only the most egregious cases. Broader information that captures the types and overall prevalence of information blocking can help guide the implementation of the regulation and assess the impact on the overall market.

In a 2015 report to Congress, ONC identified information blocking on the part of vendors or providers as a potential barrier to interoperability. The report noted that there is little information currently available on the extent to which this is occurring; however, that “to fill these gaps, ONC is considering additional sources of data from key entities that enable health information exchange and interoperability, such as health information exchange entities (HIEs), health information service providers (HISPs) and health information technology (IT) developers (p.20).” Health information exchange organizations (HIOs) are in a unique position to share their insights on information blocking as they work closely with both health care providers and technology vendors in facilitating exchange for their community.

In addition to implementing health IT provisions of the Cures Act, other key elements aspects of ONC’s work relate to promoting the use of established interoperability standards and implementation specifications to facilitate electronic exchange of health information. ONC updates and maintains the interoperability standards advisory (ISA), which serves as a guide to industry regarding the use of standards to support specific clinical health IT interoperability needs. ONC needs data on how well standards are conforming and used to make updates to its Interoperability Standards Advisory. The usage and conformance of standards is another critical area that ONC must measure. Again, given their unique role in working closely with both health care providers and technology vendors, HIOs can provide insights into the implementation and use of standards to facilitate exchange.

As noted, HIOs are in a position to provide useful perspectives on ONC’s work related to implementing the health IT provisions of the Cures Act and advancing the use of recognized standards. Additionally, continuing to understand the evolving role of HIOs is critical. Studies published in Health Affairs show that HIOs lack sustainable sources of funding to support the services they provide. Understanding their continued role in advancing exchange and interoperability will be important, as they have demonstrated their value to be a critical enabler of health information exchange and interoperability. For example, HIOs are also providing services to support their communities during the COVID-19 pandemic. Examining these emergent areas is also important.

Past Measurement of HIOs Dr. Julia Adler-Milstein, with the support of the Robert Wood Johnson Foundation, conducted a survey of HIO leaders bi-annually, and published key findings in a series of publications in Health Affairs. The Robert Wood Johnson Foundation no longer funds the bi-annual survey. Separately, in 2015, Dr. Adler-Milstein conducted a survey consisting of 60 leaders of HIOs regarding information blocking practices. This survey was independently funded with some consultation provided by ONC staff. Dr. Adler-Milstein found that half of HIO leaders report that health IT developers engage in information blocking practices while about one-quarter of provider organizations do so. She also identified the most common types of information blocking practices engaged by both health IT developers and providers.

In 2019, with ONC support, Dr. Julia Adler-Milstein conducted another round of the survey which included the following topics: information blocking, standards implementation and use, readiness for TEFCA as well as questions that relate to the organizational characteristics and services provided by HIOs for their communities. Publications associated with these findings are in the process of being developed.

Current Measurement Approach In addition these measurement efforts, the Strategic Health Information Exchange Collaborative (SHIEC) has conducted been conducting regular surveys of its membership. SHIEC presented the most recent results at the 2020 ONC annual meeting. SHIEC and ONC have agreed to collaborate together on a joint survey to reduce duplication, and build on each others’ separate efforts to produce a comprehensive measurement tool.

ONC considers it critical to continue supporting the HIO survey to continue to examine how HIOs evolve and the role they continue to play in enabling interoperability and the success of various policy initiatives, including emergent issues such as the response to COVID-19 pandemic. Furthermore, repeating elements of the 2019 survey can provide insights into the early implementation of the TEFCA and information blocking rule, as well as the evolution of standards.

C. 2. Purpose and Scope This contractor will design, field, and analyze the results of a national survey of HIOs. This survey will help ONC to better understand:

· Information blocking practices undertaken by provider organizations and health IT developers;

· The implementation of and use of standards to enable exchange and interoperability; and

· The role of HIOs in supporting exchange and interoperability through their provision of various services and engagement with various types of stakeholders and participants

· Services provided in response to COVID-19 pandemic

· Early experiences with the TEFCA

· Sustainability of HIOs Gaining insights into each of these domains is essential in supporting efforts to enable interoperability and exchange.

The contractor shall also conduct analyses and generate a report that will summarize and describe the key results to:

· Generate national estimates of information blocking practices that are undertaken by both providers and health IT developers from the perspective of HIOs and assess trends over time (from past surveys);

· Identify key standards that are currently implemented and in use to support electronic exchange of health information and interoperability as well as those standards that are not being implemented properly or not widely used based on looking at trends over time

· Describe the role of health information exchange entities in various policy initiatives, including the TEFCA, public health challenges and value-based care.

· Assess the continued sustainability of HIOs and compare over time based on past survey results C. 3. Specific Tasks A description of each task is provided below, followed by a table that lists the tasks and subtasks, and finally a table with the key deliverables and a timeline.

Task 1. The contractor shall set regular communications and meetings with COR and ONC SMEs and develop a plan to implement the project, and monitor progress on an ongoing basis.

The contractor shall set up a kick-off meeting no later than 5 business days after being awarded the contract. No later than 10 business days after being awarded the contract the contractor shall submit a project plan that describes the implementation of the project. The contractor shall meet on a bi-weekly basis with ONC COR and SMEs and shall provide monthly progress reports that detail the status of key tasks and any potential risks to completion of tasks.

Task 2. The contractor shall determine appropriate survey methodology to obtain nationally representative survey results and submit a plan summarizing proposed approach.

This contractor will develop a survey methodology plan that includes but is not limited to: the sampling frame, determining the most appropriate respondent, determining the sample size and potential response rate, and appropriate data collection methods. The contractor shall submit a survey methodology plan to ONC for review and approval.

The sampling frame will consist of all HIOs nationwide, including regional, local and state health information exchange entities. A determination should also be made as to whether to include HISPs or other entities that might play a similar role as HIOs in enabling exchange. The likely appropriate respondent will be leadership of HIOs. Thus, obtaining a full listing of HIOs nationwide and the contact information of HIO leadership will be critical. Determining the appropriate methods to achieving a high response rate (60% or above) will also be critical. Applying the methods used previously by Dr. Julia Adler-Milstein will be important for the purpose of trend analysis and achieving a high response rate. Additionally, replicating the methodology for developing the census of HIOs will be important for continuity of results.

Deliverable 5. Survey methodology plan

Task 3. The contractor shall collaborate with organizations representing HIOs to integrate past ONC HIO survey from 2019 with SHIEC survey and boost response rate.

As noted earlier, SHIEC conducts an annual survey of its membership and has agreed to merge with ONC’s measurement efforts. A key task will be to review both past surveys and identify overlap in topics covered, and make recommendations regarding the items to include from past surveys to ensure trending on key measures but also reduce duplication. Note: For items that are unique to SHIEC, these could be asked as supplement to the survey and in a manner that makes clear to the respondent that those items are specific to SHIEC and would not be provided to ONC. ONC and SHIEC shall review recommendations and provide feedback to the contractor on the recommendations. Based on the feedback, the contractor shall develop an initial draft of the survey that incorporates the merged survey items.

The contractor shall coordinate with SHIEC and e-HI to engage them on these survey efforts. SHIEC has agreed to conduct outreach of its membership and thus the contractor shall work closely with them to conduct outreach and follow up with non-responders.

Deliverable 6: Review past ONC and SHIEC surveys to identify areas of overlap (in terms of topics) and subsequently make recommendations related to which items to include from past ONC/SHIEC surveys, which to modify and to drop.

Deliverable 7: Create initial draft of survey consisting of merged set of survey items from SHIEC and ONC 2019 national HIO survey.

Deliverable 8: Coordinate with SHIEC and other major HIO member organization(s) to send communication to encourage HIO response to survey

Task 4. The contractor shall identify key content for survey and develop survey items.

An environmental scan and discussions with key relevant stakeholders (within ONC as well as external stakeholders) shall be conducted to assess whether there are other key issues that would be relevant to include in the survey (besides the topics identified in this statement of work). As part of this, the contractor shall obtain input from SHIEC to solicit ideas and obtain feedback on the ideas generated by the contractor. These ideas shall be submitted to ONC for review in a brief memo. The contractor shall develop new items that relate to the approved topics for inclusion.

Deliverable 9: The contractor shall draft a memo outlining new topic ideas for ONC feedback and approval.

Deliverable 10: The contractor shall develop new items that relate to the approved topics for inclusion for ONC review and feedback. The contractor shall revise items based on feedback.

Deliverable 11: Incorporate new items into the initial draft survey for ONC feedback and approval

Task 5. The contractor shall develop a full OMB package.

The contractor, working closely with ONC, shall develop a full OMB package for submission.

Deliverable 12: Draft of full OMB package for ONC review and approval.

Task 6. The contractor shall cognitively test survey items and pilot test survey with potential respondents and refine survey.

Once a full draft of the survey is developed, the contractor shall cognitively test any new survey items with potential respondents. In addition, the testing shall consist of obtaining input from potential respondents on the wording of the survey items to make sure they are understandable and appropriate. The results of the cognitive testing must be used to further revise or determine whether the question(s) should be included in the survey.

Once this process is complete, the entire survey must be pilot tested with potential respondents (HIO leaders). The contractor shall calculate an estimate of the time taken to complete the survey (for the OMB burden estimate). Finally, the testing should also solicit input on the proposed data collection methods to ensure that they will obtain a high response rate. The contractor shall prepare a brief report summarizing the results of the pilot testing and recommendations to modify the survey and methodology based on the pilot testing. The contractor shall modify the survey based upon the results of the cognitive and pilot testing, creating the final version of the survey.

Deliverable 13: Report detailing results of cognitive and pilot testing and recommendations to modify survey items and survey methodology.

Deliverable 14: Final version of survey, incorporating results of cognitive and pilot testing.

Task 7. The contractor shall field the survey.

The contract shall field the survey using the ONC approved methodology, which will include follow-up for non-respondents to ensure a high response rate. The data collection and fielding period will be long enough to also ensure adequate time for the respondent to answer the survey and will include follow-up with non-respondents to achieve at least an 80% response rate. The fielding protocol should be similar to past HIO surveys conducted by Dr. Julia Adler-Milstein, particularly the 2019 survey. The contractor shall provide bi-weekly report summarizing progress of the data collection, such as response rate, number of respondents and success of follow-up efforts.

Deliverable 15: Bi-weekly data collection progress report.

Task 8. The contractor shall provide data in secure manner and in a format that can be imported into a statistical software package such as STATA or SAS.

The contractor shall clean the data ensuring the data is properly formatted enabling analysis. The contractor shall provide the data in a format that enables statistical analysis in standards statistical software packages such as SAS or STATA.

The contractor shall create separate files for SHIEC for data related to its membership only. The contractor shall create a separate file for ONC that includes a national level data set but excludes any information that is specific for SHIEC collection only or that has been designated to be specifically confidential (e.g., financial information). The data shall be sent in a secure manner to ONC and SHIEC (e.g. encrypted). The contractor shall provide ONC and SHIEC with proper documentation, including a codebook, so that ONC may easily analyze and interpret the data provided.

Deliverable 16: Provide survey data and documentation to ONC and SHIEC Task 9. The contractor shall analyze and report on survey results.

The contractor shall conduct descriptive analyses to compare respondents to non-respondents, examine item non-response, and provide national estimates on the survey items. This shall be shared in a brief report to ONC.

The contractor shall also conduct more advanced analyses (e.g. bivariate and multivariate regression, if sample sizes allow) to identify factors associated with information blocking practices, the use of standards, sustainability and engagement in various policy initiatives.

The descriptive and more advanced analysis results (as well as a description of the methodology, including response rate) shall be described and summarized to ONC in a presentation to key ONC staff and leadership for feedback.

Finally, the contractor shall develop and submit peer-review publications highlighting key findings that relate to the broad themes of the survey (e.g., standards, engagement in policy initiatives and emergent issues (e.g., TEFCA, COVID-19), trends in information blocking). These publications will be done in partnership with ONC staff and SHIEC affiliated staff, as mutually agreed upon by the parties.

Deliverable 17: Presentation Report summarizing results, methodology and response rate.

Deliverable 18: Peer-review publications to be submitted to leading journals (e.g., Health Affairs, JAMIA)

Optional Task 10: Conduct another round of the national HIO survey (repeating all tasks above apply except 5 through 8)

Optional Task 11: Collect, organize and analyze data associated with the connectedness of HIOs with their participants and the specific services provided to each participant.

SECTION D - Packaging and Marking

D.1 PACKAGING AND MARKING

All deliverables shall be delivered to the Contracting Officer’s Representative (COR) identified in Section G and shall be marked as follows:

D.2 PAYMENT OF POSTAGE AND FEES

All postage and fees related to submitting information including forms, reports, etc. to the Contracting Officer or COR shall be paid by the Contractor.

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 shall make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://www.acquisition.gov/far/

E.2 INSPECTION AND ACCEPTANCE

Pursuant to the appropriate inspection clause, all work described in Section C to be delivered under this contract is subject to final inspection and acceptance by an authorized representative of the Government. The authorized representative of the Government is the Contracting Officer’s Representative (COR), who is responsible for inspection and acceptance of all services, materials, or supplies to be provided by the Contractor.

E.2.1 Inspection and Acceptance Criteria Final inspection and acceptance of all work performed, reports and other deliverables shall be performed at the place of delivery by the COR.

E.2.2 General Acceptance Criteria General quality measures, as set forth below, shall be applied to each work product received from the Contractor under this Statement of Work.

· Accuracy Work Products shall be accurate in presentation, technical content, and adherence to accepted elements of style.

· Clarity Work Products shall be clear and concise. Any/all diagrams shall be easy to understand and be relevant to the supporting narrative.

· Consistency to Requirements All work products must satisfy the requirements of this Statement of Work.

· File Editing All text and diagrammatic files shall be editable by the Government.

· Format - Work Products shall be submitted in hard copy and electronic copy. The electronic copy must be in a format as indicated in the Deliverables Table.

SECTION F - Deliveries or Performance

F.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

F.2 PERIOD OF PERFORMANCE - Separate Nonseverable Services Components

The period of performance for this contract is 24 months, unless the period is extended by modification to this contract. The optional services components may be elected at any time during the period of performance as required to meet study objectives, and the optional services component periods of performance are expected to overlap in time. A possible schedule of election is presented below but it does not constrain the government’s ability to elect optional services sooner or later, as needed.

The period of performance shall be for a base period of 24 months as follows:

Base Period: August 31, 2020 through August 30, 2022

F.3 PLACE OF PERFORMANCE

Work shall be performed at: TBD

F.4 REPORT(S)/DELIVERABLES AND DELIVERY SCHEDULE

The contractor shall submit all required report(s)/deliverables in accordance with the following schedule: All reports shall reference and cite the contract number.

Schedule of Deliverables Related Task Number

Within 90 days of award

F.5 DELIVERY REQUIREMENTS

Pickup and delivery of items under this contract shall be accomplished between the hours of 8:30 a.m. and 4:00 p.m.], Monday through Friday unless changed by mutual agreement between the COR and the contractor. No deliveries shall be made on Saturdays, Sundays, and days of government closure or Federal legal holidays found at: http://www.opm.gov/operating_status_schedules.

SECTION G - Contract Administration Data

G.1 AUTHORITIES OF GOVERNMENT PERSONNEL

Notwithstanding the Contractor's responsibility for total management during the performance of this contract, the administration of this contract shall require maximum coordination between the Government and the Contractor. The following individuals shall be the Government's points of contact during the performance of this contract and all communications pertaining to contractual and/or administrative matters under this contract shall be sent to:

Contracting Specialist/Officer Name: Erneisha Bailey Address: 7700 Wisconsin Ave, Suite 8305A, Bethesda, MD 20857 Phone: 301-492-4656.

Email: Erneisha.Bailey@psc.hhs.gov

Contracting Officer's Representative Name: TBD Address: TBD Phone: TBD Email: TBD

Note: The Contracting Officer is the only individual authorized to modify the contract.

G.2 CONTRACTING OFFICER'S REPRESENTATIVE (COR) AUTHORITY

(a) Performance of work under this contract must be subject to the technical direction of the Contracting Officer's Representative identified above, or a representative designated in writing. The term "technical direction" includes, without limitation, direction to the contractor that directs or redirects the labor effort, shifts the work between work areas or locations, fills in details and otherwise serves to ensure that tasks outlined in the work statement are accomplished satisfactorily.

(b) Technical direction must be within the scope of the specification(s)/work statement.

The Contracting Officer's Representative does not have authority to issue technical direction that:

(1) Constitutes a change of assignment or additional work outside the specification(s)/statement of work;

(2) Constitutes a change as defined in the clause entitled "Changes";

(6) Directs, supervises or otherwise controls the actions of the contractor's employees.

(c) Technical direction may be oral or in writing. The Contracting Officer's Representative shall confirm oral direction in writing within five work days, with a copy to the Contracting Officer.

(d) The contractor shall proceed promptly with performance resulting from the technical direction issued by the Contracting Officers, Representative. If, in the opinion of the contractor, any direction of the Contracting Officers, Representative, or his/her designee, falls within the limitations in (b), above, the contractor shall immediately notify the Contracting Officer no later than the beginning of the next Government work day.

(e) Failure of the contractor and the Contracting Officer to agree that technical direction is within the scope of the contract shall be subject to the terms of the clause entitled "Disputes."

G.3 INVOICES - COMMERCIAL

(1) Invoice Submission

The Contractor shall submit invoices once per month.

A proper invoice, with all required back-up documentation shall be sent electronically, via email, to the COR mailbox:

Contracting Officer's Representative (COR):

A proper invoice, not including non-invoice related documents (i.e. deliverables, reports, balance statements) shall be sent electronically, via email, to:

1. Contract Specialist via mailbox: pscsas.invoices@psc.hhs.gov

2. Financial Management Service (FMS) via mailbox: psc_invoices@psc.hhs.gov

The subject line of your email invoice submission shall contain the contract number, order number (if applicable), and the number of invoices. The Contractor shall send one email per contract per month. The email may have multiple invoices for the contract. Invoices must be in the following formats: PDF, TIFF, or Word. No Excel formats shall be accepted. The electronic file cannot contain multiple invoices; example, 10 invoices requires 10 separate files (PDF or TIFF or Word).

Invoices shall be submitted in accordance with the contract terms, i.e. payment schedule, progress payments, partial payments, deliverables, etc.

All calls concerning contract payment shall be directed to the COR.

Invoices shall be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(2) Invoice Elements

In accordance with FAR 52.212-4, Contract Terms and Conditions-Commercial Items, the Contractor shall submit an electronic invoice to the email addresses designated in the contract to receive invoices. A proper invoice must include the following items:

(A) The Contractor shall include EFT banking information on the invoice.

(B) In accordance with the requirements of the Debt Collection Improvement Act of 1996, all payments under this order shall be made by electronic funds transfer (EFT). The Contractor shall provide financial institution information to the Finance Office designated above in accordance with FAR 52.232-33 Payment by Electronic Funds Transfer - System for Award Management.

Additionally, the Program Support Center (PSC) requires:

(i) the invoice to break-out price/cost by contract line item number (CLIN) as specified in the pricing section of the contract

(ii) the invoice to include the Dun & Bradstreet Number (DUNS) of the Contractor

(3) Accelerated Payments

In accordance with OMB Memorandum, M-11-32, the PSC shall make payments to small businesses as soon as practicable, with the goal of making payments within 15 days of receipt of a proper invoice. If a small business contractor is not paid within this accelerated period, the contractor shall not be given a late-payment interest penalty. Interest penalties, as prescribed by the Prompt Payment Act, remain unchanged.

Additionally, in accordance with OMB Memorandum, M-12-16 (and as extended by M-17-13), all prime contractors are encouraged to accelerate payments to their small business subcontractors under this contract. To assist prime contractors in accelerating payments to small business subcontractors, the PSC shall have a goal of paying all prime contractors within 15 days of receipt of a proper invoice. Contractors shall comply with FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (hereby incorporated by reference into the contract), and upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable. The acceleration of payments does not provide any new rights under the Prompt Payment Act.

G.4 ELECTRONIC SUBCONTRACTING REPORTING SYSTEM (eSRS) REPORTING

The Contractor shall report all subcontract awards to small, small disadvantaged, women-owned, HUBZones, veteran-owned and service-disabled veteran-owned small business concerns. The reports shall be prepared using the electronic Subcontracting Reporting System (eSRS) via the internet at http://www.esrs.gov. The Individual Subcontracting Report (ISR), formerly SF 294, shall be submitted semi-annually for the periods of October 1 through March 31 and April 1 through September 30. The Summary Subcontracting Report (SSR), formerly, SF 295 shall be submitted annually for the period of October 1 through September 30.

SECTION H - Special Contract Requirements

H.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 shall make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://www.acquisition.gov/far/

H.2 KEY PERSONNEL

The key personnel subject to HHSAR Clause 352.237-75 are as follows:

Name Position Title

H.3 RESERVED

H.4 PROHIBITION AGAINST PERSONAL SERVICES

The Contractor shall not perform personal services under this contract. Contractor personnel are employees of the Contractor or its subcontractors and are under the administrative control and supervision of the Contractor. A Contractor supervisor must give all individual Contractor employee assignments and daily work direction. The Government shall not supervise or direct Contractor employees in the performance of their assignments. If at any time the Contractor believes that any Government action or communication has been given that would create a personal service relationship between the Government and any Contractor employee, the contractor shall promptly notify the Contracting Officer of this communication or action. The Contractor shall not perform any inherently-governmental functions under this contract. No Contractor employee shall represent or give the appearance that he/she is a Government employee, agent or representative. No Contractor employee shall state orally or in writing at any time that he or she is acting on behalf of the Government. The Contractor is responsible for ensuring that all employees assigned to this contract understand and are committed to following these requirements.

H.5 CONTRACTOR PERFORMANCE EVALUATION(S)

During the life of this contract, Contractor performance shall be evaluated on an interim and final basis pursuant to FAR Subpart 42.15. The Contractor Performance Assessment Reporting System (CPARS) shall be utilized for these reviews. Information on CPARS can be located at http://www.cpars.gov.

H.6 RESTRICTIONS ON CONTRACTOR ACCESS TO GOVERNMENT OR THIRD PARTY INFORMATION

The purpose of this clause is to set forth the restrictions that shall govern Contractor employees access to Government or third party information in order to protect the information from unauthorized use or disclosure.

A. Under this contract, the Contractor shall have access to Contractor proprietary information and other nonpublic information.

B. Restrictions on use and disclosure of information.

(1) With regard to any information to which the Contractor is given access in performance of this contract, whether the information comes from the Government or from third parties, the Contractor shall:

(ii) Safeguard information from unauthorized use and disclosure;

(2) Unless specifically permitted in writing by the Contracting Officer, the Contractor shall not use information acquired in performance of the contract, or generated by or for the Government to:

(i) Compete for work for the Government; or

(ii) Submit an unsolicited proposal to the Government.

(3) If the Contractor is exposed to information that is marked in a way that indicates the Contractor should not receive this information, the Contractor shall:

C. Breach of any of the conditions of this section of the contract may provide grounds for the Government to:

(ii) Require the contractor to terminate the subcontractor;

(iii) Suspend contractor payments;

(iv) Terminate this contract for default or cause;

(vi) Pursue such other remedies as may be permitted by law, regulation, or this contract.

D. Unauthorized disclosure or other misuse of information protected by the Privacy Act of 1974 may result in a fine up to $5000 and /or other penalties. In addition, unauthorized disclosure or other misuse of information covered under the Federal Trade Secrets Act (18 USC 1905) may result in a fine, or imprisonment up to 1 year, or both.

E. The Contractor shall flow down this clause to subcontractors at all tiers.

H.7 MANAGEMENT OF SENSITIVE INFORMATION

In addition to electronic data security requirements, the contractor must have a plan for the protection of any paper records, field notes, or other documents that contain sensitive or personally identifiable information. In addition, the contractor must notify – within one hour – the COR of any suspected or confirmed instance of compromised data security.

In addition to the requirements specified elsewhere in this contract, the Contractor must have a plan for the protection of any paper records, field notes, or other documents that contain sensitive or personally identifiable information. The Contractor shall ensure that all of its employees, subcontractors (at all tiers), and employees of each subcontractor, who perform work under this contract/subcontract, are trained on data privacy issues and comply with the above requirements.

The Contractor shall submit a written plan and assurance for complying with the above requirements at least annually. See Personally Identifiable Information (PII) Breach Response Team (BRT) Policy: http://www.hhs.gov/ocio/policy/20080001.003.html.

H.8 POST AWARD ORGANIZATIONAL CONFLICT OF INTEREST

a. General: The Contractor shall have programs in place to identify, report, and mitigate actual and potential conflicts of interest for itself, its employees, subcontractors and consultants. The existence of such programs and the disclosure of known actual or potential conflicts are material performance requirements of this contract.

b. Disclosure: The Contractor shall report all actual and potential conflicts of interest pertaining to this contract to the Contracting Officer, including those that would be caused by a contemplated modification to this contact or another contract. Such reports shall be in writing (including by email). Upon request, the Contractor shall respond to a Contracting Officer's request for an OCI mitigation plan.

c. Resolution: In the event the Contracting Officer determines that a conflict of interest exists, based on disclosure from the Contractor or from other sources, the Contracting Officer shall take action which may include, but is not limited to, requesting a mitigation plan from the Contractor, terminating part or all of the contract, modifying the contract or obtaining a waiver in accordance with applicable law, including FAR 9.503 as applicable.

SECTION I - Contract Clauses

FEDERAL ACQUISITION REGULATION (FAR) (48 CFR CHAPTER 1) AND HEALTH AND HUMAN SERVICES ACQUISITION REGULATION CONTRACT CLAUSES

I.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE. (FEB 1998)

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

FEDERAL ACQUISITION REGULATION (FAR) (48 CFR CHAPTER 1) CLAUSES

HEALTH AND HUMAN SERVICES ACQUISITION REGULATION (HHSAR) (48 CFR CHAPTER 3) CLAUSES

I.2 FAR 52.217-8 Option To Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days before the contract expires.

I.3 Department of Health & Human Services Acquisition Regulation (HHSAR) (48 CFR Chapter 3) Contract Clauses

SECTION J - List of Attachments

J.1 Past Performance Questionnaire (Attachment A)

SECTION K - Representations, Certifications, and Other Statements of Offerors or Respondents

K.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2017)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is ___541990_______________ [insert NAICS code].

(2) The small business size standard is __15.0___________ [insert size standard].

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

□ (i) Paragraph (d) applies.

□ (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that shall be performed in the United States or its outlying areas.

(vi) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation.

(vii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(ix) 52.214-14, Place of Performance—Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract shall be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract shall be performed in the United States or its outlying areas.

(xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xiv) 52.222-25, Affirmative Action Compliance.This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award shall exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvi) 52.222-57, Representation Regarding Compliance with Labor Laws (Executive Order 13673). This provision applies to solicitations expected to exceed $50 million which are issued from October 25, 2016 through April 24, 2017,…