75P00120R00158_BASE1.docx

Access, Exchange, and Use of Social Determinants of Health Data in Clinical Notes

75P00120R00158_BASE

SECTION 1-SUPPLIES/SERVICES AND PRICE/COSTS

1.1 CONSIDERATION AND PAYMENT

The Contractor shall provide the services described in Section 2 Description/Specification/Work Statement. These services non-severable. Except as otherwise specified in the contract, the Contractor shall furnish the necessary personnel, materials, services, facilities, and otherwise do all things necessary for or incident to the performance of the work set forth herein.

This is a firm fixed price task order, for non-severable services.

All travel requires approval from the Contracting Officer’s Representative (COR) before commencing.

SECTION 2—DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

TITLE: Access, Exchange, and Use of Social Determinants of Health Data in Clinical Notes

2.1 BACKGROUND

The access, exchange, and use of electronic health information is essential for individuals to better manage their health care needs and share information with their providers and caregivers. Many hospitals and physicians possess capabilities that enable patients to view and download their health information. Yet, additional steps are needed to make health information more accessible and useful to individuals.

In 2017, 51 percent of adults in the U.S. were offered access to their online medical record. However, only 30 percent of adults who were offered access actually viewed their record[footnoteRef:1]. Of those that viewed their record, over half reported that their record included important medical information such as clinical notes, laboratory test results, and summaries of their office visits. Disparities in access also exist. Access to one’s record varies by individuals’ health care use, socio-demographic characteristics, Internet access and use, and by whether they had a chronic health condition. [1: Patel V & Johnson C. (May 2019). Trends in Individuals’ Access and Use of Online Medical Records and Technology for Health Needs: 2017-2018. ONC Data Brief, no.48 Office of the National Coordinator for Health Information Technology: Washington DC.]

The 21st Century Cures Act (Cures Act) requires the Department of Health and Human Services (HHS) and ONC to improve the interoperability of health information. These efforts include rule-making designed to improve patients’ access to their health information. ONC’s Cures Act final rule establishes secure, standards-based application programming interface (API) requirements to support a patient’s access and control of their electronic health information. APIs are the foundation of smartphone applications (apps). A majority of individuals have smartphones and use apps to help them manage various tasks. As a result of this rule, patients will be able to securely and easily obtain and use their electronic health information from their provider’s medical record for free, using the smartphone app of their choice.

ONC’s Cures Act final rule also identifies important data elements that should be made electronically available and exchanged through the use of health information technology (IT). The United States Core Data for Interoperability (USCDI) is a standardized set of health data classes and constituent data elements for nationwide, interoperable health information exchange[footnoteRef:2]. ONC will follow a predictable, transparent, and collaborative process to expand the USCDI. Data reflecting social determinants of health (SDOH) – the conditions in which people live, learn, work, and play – remains much more limited across healthcare. There is a growing recognition that by capturing and accessing SDOH data during the course of care, providers can more easily address non-clinical factors, such as food, housing, and transportation insecurities, which can have a profound impact on a person’s overall health[footnoteRef:3]. Therefore, it is important to identify SDOH data elements for potential inclusion in the USCDI in the future. [2: Cures Act Final Rule: United States Core Data for Interoperability Fact Sheet, Office of the National Coordinator for Health Information Technology; https://www.healthit.gov/cures/sites/default/files/cures/2020-03/USCDI.pdf] [3: The Root of the Problem: America’s Social Determinants of Health, Alex A. Azar II, Hatch Foundation for Civility and Solutions, November 14, 2018.]

In a 2018 report[footnoteRef:4], researchers conducted interviews with six electronic health records (EHRs) vendors with large market shares in both ambulatory and inpatient settings. Vendors described a number of places where SDOH data could be collected or found. These include EHR specific data sets or forms, problem tables, free-text fields located in various places (e.g., social history section, clinical notes and assessments section, details section of structured screening tools), the demographic section of the patient’s health record, and the patient portal. Researchers also found that in a clinical encounter, the person collecting and entering SDOH data into the EHR varies based on the available resources of the office, time allocated for the visit, availability of kiosks at check-in, and the sensitivity of the data to be captured. Variation in how SDOH data is collected and captured in a clinical setting makes it difficult to ensure that the information can be exchanged in a standardized way and ultimately used by health care providers. [4: Incorporating Social Determinants of Health in Electronic Health Records: A Qualitative Study of Perspectives on Current Practices among Top Vendors, U.S. Department of health and Human Services Assistant Secretary for Planning and Evaluation Office of Health Policy, Final Report, November 2018]

Additionally, patients might not be willing to share SDOH data with their health care providers[footnoteRef:5]. There are a number of sensitivities surrounding SDOH data. Patients may not feel comfortable sharing sensitive matters such as intimate partner violence, homelessness, or child abuse directly to their health care provider. There are also a number of concerns regarding what the information will be used for and whether the information could lead to future discrimination. Additionally, patients may feel comfortable sharing information with a provider that they have established a relationship with but would be concerned about the information being shared with a different provider. [5: Patients Seek Better Exchange of Health Data Among Their Care Providers: Focus groups highlight issues that new federal regulations aim to address, PEW, Issue Brief March 17, 2020]

The federal government has made significant investments to accelerate the development and use of health IT to exchange clinical data. As a result, today, nearly all hospitals and 8 in 10 office-based physicians have a certified EHR. Adoption and use of health IT has led to an increase in health information exchange. However, with the emergence of new technologies and growing number of entities such as social service providers that could benefit from use of these technologies, it is critical to measure how to advance the access and use of SDOH data.

Through qualitative data collection, this project will collect information from health care providers (including behavioral health providers) and patients to inform ONC’s work on SDOH data collection and exchange. Specifically, it will inform:

· The creation of tools and resources, such as updates to the Health IT Playbook[footnoteRef:6], to assist health care providers with documenting and acting upon SDOH data; [6: ]

· Measurement of individuals’ access and use of their electronic health information; and

· Identifying SDOH data elements that both health care providers and patient’s agree are important to capture and exchange for future data standardization efforts; such as USCDI expansion.

2.2 PURPOSE

The purpose of the contract is for ONC is to obtain information from health care providers and patients, through qualitative research and qualitative analysis to understand:

(1) To what extent do health care providers document and use SDOH information to treat a patient or offer referral services

(2) How do health care providers leverage open text fields to document SDOH data, specifically clinical notes and assessments section of an EHR to document SDOH data;

(3) Challenges clinicians experience when using SDOH data; including data captured in open text fields;

(4) The types of SDOH data that individuals want to collect, share and use;

(5) Methods individuals currently use or would like to use in the future to collect, share and use SDOH data, including smartphone apps or improvements to patient portals; and

(6) Barriers individuals perceive with the exchange of SDOH data, including privacy and security issues as well as secondary uses of the data.

2.3 STATEMENT OF WORK/ Specific Tasks

A description of each task is provided below, followed by a table with the key deliverables and a timeline.

Task 1. Project Management

The contractor shall communicate bi-weekly (or other frequency as agreed upon) with COR 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 contract award. No later than 14 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 monthly basis with ONC COR and shall provide detailed meeting notes about the status of key tasks and any potential risks to completion of tasks.

Task 2. Environmental Scan The contractor shall conduct an environmental scan and report on the results. The contractor shall review research (gray and academic literature) in the areas of health IT interoperability, data standardization, USCDI, SDOH, and consumer health IT access. The contractor shall develop a report which summarizes the results of this environmental scan as they pertain to the project’s objectives. The contractor shall use the results of this environmental scan to inform other contract deliverables.

Deliverable 5: Environmental scan report Task 3. Focus Group Interview Guide The contractor shall develop a focus group interview guide and methodology plan. The contractor shall develop a focus group interview guides and methodology. The contractor shall facilitate at least 10 focus groups of individuals over the age of 18. The contractor shall recruit individuals that currently access their online medical records as well as individuals that do not access their record. The contractor shall also work to recruit focus group participants that have diverse backgrounds (race, ethnicity, economic background, age, etc.). The contractor shall also conduct at least 10 focus groups of health care providers. The contractor shall recruit a diverse set of health care providers including primary care and behavioral health care providers. The contractor’s recruitment strategy shall include health care providers that do not possess an EHR. Of the 10 focus groups devoted to health care providers, the contractor may devote a focus group to learn about SDOH data collection from the perspective of nurses, medical assistants, or other staff responsible for data entry in a clinical setting.

In addition to drafting the interview guide, the contractor shall develop a methodology plan that includes but is not limited to the recruitment strategy, the most appropriate focus group participants, focus group sizes, and tools that will be used to analyze the qualitative data. The contractor shall submit the focus group interview guides and methodology plan to COR for review and approval.

Deliverable 6: Methodology guide Deliverable 7: Focus group interview guides (individuals, health care providers)

Task 4. Office of Management and Budget (OMB) Package The contractor shall develop a full OMB package. To ensure compliance with the Paperwork Reduction Act, the contractor, working closely with the COR, shall develop a full OMB package for submission.

Deliverable 8: Draft of full OMB package for COR review and approval.

Task 5. Focus Group The contractor shall conduct the focus groups. The contract shall conduct the focus groups using the ONC approved methodology. The data collection period will be long enough to also ensure adequate time for conducting follow up with focus group participants if needed. The contractor shall provide bi-weekly reports summarizing progress of the data collection including any challenges with recruitment.

Task 6. Final Report

The contractor shall analyze and report results. The contractor shall analyze the results from the focus groups. The contractor shall develop a report which summarizes the results including pertinent quotes. The report shall also describe key results in the areas of physician and consumer access, exchange, and use of SDOH data as well as barriers that exist. The report shall also include recommendations regarding (1) how ONC might create tools and resources to assist health care providers with documenting and acting upon SDOH data; (2) measures ONC might want to consider for its future national surveys of individuals’ use of health IT; and (3) priority SDOH data elements that both health care providers and patient’s agree are important to capture and exchange for ONC’s future data standardization efforts.

ONC will review the draft report. The contractor will be responsible for addressing ONC’s comments in the final report. The contractor will also be responsible for ensuring that the final report is in a publishable format including 508 compliant.

Deliverable 9: Draft report summarizing results and recommendations Deliverable 10: Final report summarizing results and recommendations

2.4 RESTRICTIONS ON DISCLOSURE OF INFORMATION AND RIGHTS IN DATA

Information made available to the contractor by the Government for the performance or administration of this effort shall be used only for those purposes and shall not be used in any other way without the written agreement of the Contracting Officer.

The Contractor agrees to assume responsibility for protecting the confidentiality of Government records, which are not public information. Each Contractor employee to whom information may be made available or disclosed shall be notified in writing by the Contractor that such information may be disclosed only for a purpose and to the extent authorized herein.

Contractor and/or Contractor personnel shall not divulge or release data or information developed or obtained in performance of this effort, until made public by the Government, except to authorized Government personnel or upon written approval of the Contracting Officer. The Contractor shall not use, disclose, or reproduce proprietary data that bears a restrictive legend, other than as required in the performance of this effort. Nothing herein shall preclude the use of any data independently acquired by the Contractor without such limitations or prohibit an agreement at no cost to the Government between the Contractor and the data owner which provides for greater rights to the Contractor.

SECTION 3 – INSPECTION AND ACCEPTANCE

3.1 INSPECTION AND ACCEPTANCE (COMMERCIAL)

Pursuant to 52.212-4, all work described in the SOW/PWS/SOO to be delivered under this order is subject to final inspection and acceptance by an authorized representative of the Government. The authorized representative of the Government is the Government's COR, who is responsible for inspection and acceptance of all services, materials, or supplies to be provided by the Contractor.

SECTION 4 – PACKAGING AND MARKING

4.1 PACKAGING, PACKING, AND SHIPPING INSTRUCTIONS

All reports and documentation required as deliverables in accordance with Section 4 of this contract shall be marked as follows:

4.2 SCOPE OF INSPECTION

Pursuant to 52.212-4, all work described is 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 Government's Contracting Officers Representative (COR), who is responsible for inspection and acceptance of all services, materials, or supplies to be provided by the Contractor.

4.3 APPROVALS BY THE COR

The COR’s approval or revision to the services delivered shall be within the general scope of work stated in this contract.

4.4 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

SECTION 5 – DELIVERIES OR PERFORMANCE

5.1 PERIOD OF PERFORMANCE

The period of performance of the task order shall be for one (1) 24-month base period for non-severable services.

5.2 PLACE OF PERFORMANCE

The work performed under this task order shall be performed offsite.

5.3 DELIVERABLES SCHEDULE

Offeror must submit a proposed delivery schedule presented in a table similar to the one below or as an attached MS Word document.

Offeror must propose actual dates within the delivery schedule (example: No later than October 20, 2019). All deliverables must be provided to the COR in electronic format (Microsoft Word compatible or Microsoft Excel, as applicable), according to the approved delivery schedule. The Contractor shall also schedule deliverables as well as deadlines for feedback or review with the COR by sending a meeting request or other mutually agreeable mechanism. Items specified for delivery are subject to the review and approval of the COR before final acceptance. The Contractor shall make revisions as deemed necessary by the COR. If no revisions are required on a draft deliverable, it shall be treated as the final deliverable.

The deliverable schedule may not be changed without an authorized modification completed by the PSC Contracting Officer.

Related Task Number

5.4 PAYMENT FOR UNAUTHORIZED WORK

No payments will be made for any unauthorized supplies and/or services or for any unauthorized changes to the work specified herein. This includes any services performed by the Contractor of their own volition or at the request of an individual other than a duly appointed Contracting Officer. Only a duly appointed Contracting Officer is authorized to change the specifications, terms, and conditions under this effort.

5.5 GOVERNMENT FURNISHED PROPERTY

No Government Furnished Property or Equipment will be issued. The Contractor shall furnish all the necessary services and qualified personnel, material, equipment, and facilities, as needed to perform the requirements of this Task Order in a timely manner.

Any new equipment that the Contractor purchases under the other direct costs line item of this task order for the purpose or intent of accomplishing the objectives of this task order with resources provided through this agreement shall become the property of the government at the conclusion of the task order.

Once awarded, ONC will supply the contractor with:

1. ONC PowerPoint presentation template

2. ONC Style Guide and Final Report Template

3. HHS Document Preparation Guide

4. Sample ONC Communications Plan

5. Relevant background information as mutually agreed to between the Contractor and ONC staff

5.6 PAYMENT FOR UNAUTHORIZED WORK

No payments will be made for any unauthorized supplies and/or services or for any unauthorized changes to the work specified herein. This includes any services performed by the Contractor of their own volition or at the request of an individual other than a duly appointed Contracting Officer. Only a duly appointed Contracting Officer is authorized to change the specifications, terms, and conditions under this effort.

5.7 EVALUATION CRITERIA

Final inspection and acceptance of all work performed, reports, and other deliverables will be submitted virtually via email and/or other electronic means as appropriate.

SECTION 6 – ADMINISTRATION DATA

6.1 AUTHORITIES OF GOVERNMENT PERSONNEL

Notwithstanding the Contractor’s responsibility for total management during the performance of this order, the administration of the order will require coordination between the Government and the Contractor. The following individuals will be the Government’s points of contact during performance of the order.

Contracting Officer Erneisha Bailey Phone: (301)492-4656 Email: Erneisha Bailey@psc.hhs.gov

Note: The PSC Contracting Officer is the only individual authorized to modify this requirement.

6.1.1 Contracting Officers’ Representative Authority

TBD

(a) Performance of work under this order 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”;

(3) In any manner causes an increase or decrease in the order price, or the time required for order performance;

(4) Changes any of the terms, conditions, or specification(s)/work statement of the order;

(5) Interferes with the contractor's right to perform under the terms and conditions of the order; or

(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 Officer’s Representative. If, in the opinion of the contractor, any direction of the Contracting Officer’s 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 order shall be subject to the terms of the clause entitled “Disputes.”

6.2 INVOICE SUBMISSION

The Contractor shall submit invoices once per month. A complete invoice with all required back-up documentation shall be sent electronically, via email, to:

1. Contract Specialist: erneisha.bailey@psc.hhs.gov

2. DAM mailbox: pscsas.invoices@psc.hhs.gov

3. Contracting Officer's Representative (COR): TBD

4. Financial Management Service (FMS): psc_invoices@psc.hhs.gov

* No other non-invoice related documents (i.e. deliverables, reports, balance statements) shall be sent to the DAM and FMS mailboxes. Invoices Only.

The subject line of your email invoice submission shall contain the order number, order line item number, the order number, if applicable, and the number of invoices. The Contractor shall send one email per order per month. The email may have multiple invoices for the order. Invoices must be in the following formats: PDF, TIFF, or Word. No Excel formats will 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 order terms, i.e. payment schedule, progress payments, partial payments, deliverables, etc.

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

In accordance with FAR 52.212-4, Contract Terms and Conditions-Commercial Items, a proper invoice must include the following items:

FAR 52.212-4(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include:

(2) Invoices will 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.

Additionally, the FMS requires the contractor to include its Dunn and Bradstreet Number (DUNS) on each invoice.

In accordance with OMB Memorandum, M-11-32, Agencies 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 (15 day) accelerated period, the contractor will not be given a late-payment interest penalty. Interest penalties, as prescribed by the Prompt Payment Act, remain unchanged by means of this memorandum. All small businesses shall label all invoices as "Small Business."

Additionally, in accordance with OMB Memorandum, M-12-16, all prime contractors are encouraged to disburse funds received from the Federal Government to their small business subcontractors in a prompt manner. To assist prime contractors in expediting contractor payments to small business subcontractors, Agencies shall, to the full extent permitted by law, temporarily establish an earlier, accelerated date for making agency payments to all prime contractors. Consistent with OMB Memorandum M-11-32 above, Agencies shall have a goal of paying all prime contractors within 15 days of receiving proper documentation. In an effort to support small business growth, drive economic activity and job creation, the Contractor is encouraged to accelerate payments to their small business subcontractors.

In accordance with the requirements of the Debt Collection Improvement Act of 1996, all payments under this order will 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 - Central Contractor Registration.

SECTION 7 – SPECIAL ORDER REQUIREMENTS

7.1 CONTRACTOR PERFORMANCE EVALUATION(S)

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

7.2 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 of contract expiration.

7.3 HHSAR 352.242-70 KEY PERSONNEL (JANUARY 2006)

The key personnel specified in this contract are considered to be essential to work performance. At least 30 calendar days prior to diverting any of the specified individuals to other programs or contracts (or as soon as possible, if an individual must be replaced, for example, as a result of leaving the employ of the Contractor), the Contractor shall notify the Contracting Officer and shall submit comprehensive justification for the diversion or replacement request (including proposed substitutions for key personnel) to permit evaluation by the Government of the impact on performance under this contract. The Contractor shall not divert or otherwise replace any key personnel without the written consent of the Contracting Officer. The Government may modify the contract to add or delete key personnel at the request of the Contractor or Government.

The following labor categories are to be considered key personnel:

TBD by Offeror

7.4 ORGANIZATIONAL CONFLICT OF INTEREST AND CONFIDENTIALITY

In order to avoid any organizational conflict of interest, the contractor including its parent company, subsidiaries, and subcontractors, if any, shall not be biased because of its financial, contractual, organizational, or other interests which relate to the work under this requirement, and does not obtain any unfair competitive advantage over other parties by virtue of its performance of this requirement. Any conflict of interest must have prior Governmental approval. Furthermore, to preserve the Contractor’s independence and effectiveness, the Contractor shall maintain strict confidentiality of information that is provided by the Government during the performance of the contract. Information provided to and received from the Contractor is considered the government’s property. Data is classified as confidential. All Contractor personnel will be required to wear a PSC contractor issued badge while in a government facility. The Contractor shall conduct its business in a manner befitting the special relationship with the Government, operating in the public interest with objectivity and independence. Prior to working on this contract, contractor employees shall be required to sign a “Certificate of Confidentiality and Non-Disclosure Agreement” to ensure protected health information is not shared or mistreated.

7.5 HANDLING OF DATA

The Contractor agrees to the extent that it receives or is given access to data necessary for the performance of any task which contains restrictive markings, the Contractor shall treat the data in accordance with such markings unless otherwise specifically authorized in writing by the Contracting Officer.

7.6 STANDARD FOR SECURITY CONFRIGURATIONS (JANUARY 2010)

This contract requires the Contractor to perform one or more of the following:

(a) design; (b) develop; or (c) operate a federal agency system of records to accomplish an agency function in accordance with the Privacy Act of 1974 (Act) [5 U.S.C. 552a(m)(1)] and applicable agency regulations. The term ‘‘system of records’’ means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. Violations of the Act by the Contractor and/or its employees may result in the imposition of criminal penalties [5 U.S.C. 552a(i)]. The Contractor shall ensure that each of its employees knows the prescribed rules of conduct and that each employee is aware that he/she is subject to criminal penalties for violation of the Act to the same extent as Department of Health and Human Services employees. These provisions also apply to all subcontracts the Contractor awards under this contract which require the design, development or operation of the designated system(s) of records [5 U.S.C. 552a(m)(1)]. The contract work statement: (a) identifies the system(s) of records and the design, development, or operation work the Contractor is to perform; and (b) specifies the disposition to be made of such records upon completion of contract performance.

7.7 HHSAR 352.239-73(B) ELECTRONIC AND INFORMATION TECHNOLOGY ACCESSIBILITY (Dec 2015)

(a) Pursuant to Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), as amended by the Workforce Investment Act of 1998, all electronic and information technology (EIT) products and services developed, acquired, maintained, or used under this contract/order must comply with the "Electronic and Information Technology Accessibility Provisions" set forth by the Architectural and Transportation Barriers Compliance Board (also referred to as the "Access Board") in 36 CFR Part 1194. Information about Section 508 is available at https://www.section508.gov/. The complete text of Section 508 Final Provisions can be accessed at https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-section-508-standards/section-508-standards

(b) The Section 508 accessibility standards applicable to this contract/order are identified in the Statement of Work/Specification/Performance Work Statement. The Contractor must provide a written Section 508 conformance certification due at the end of each contract/order exceeding $150,000 when the contract/order duration is one year or less. If it is determined by the Government that EIT products and services provided by the Contractor do not conform to the described accessibility standards in the Product Assessment Template, remediation of the products or services to the level of conformance specified in the Contractor's Product Assessment Template will be the responsibility of the Contractor at its own expense.

(c) In the event of a modification(s) to this contract/order, which adds new EIT products or services or revises the type of, or specifications for, products or services the Contractor is to provide, including EIT deliverables such as electronic documents and reports, the Contracting Officer may require that the contractor submit a completed HHS Section 508 Product Assessment Template to assist the Government in determining that the EIT products or services support Section 508 accessibility standards. Instructions for documenting accessibility via the HHS Section 508 Product Assessment Template may be found under Section 508 policy on the HHS Office on Disability website https://www.hhs.gov/web/section-508/contracting/technology-products/product-accessiblity-template/index.html.

Prior to the Contracting Officer exercising an option for a subsequent performance period/additional quantity or adding funding for a subsequent performance period under this contract, as applicable, the Contractor must provide a Section 508 Annual Report to the Contracting Officer and Contracting Officer’s Representative. Unless otherwise directed by the Contracting Officer in writing, the Contractor shall provide the cited report in accordance with the following schedule. Instructions for completing the report are available in the Section 508 policy on the HHS Office on Disability website under the heading Vendor Information and Documents. The Contractor's failure to submit a timely and properly completed report may jeopardize the Contracting Officer's exercising an option or adding funding, as applicable. Schedule for Contractor Submission of Section 508 Annual Report

Pursuant to the current HHS annual appropriations act, Public Law 112-74, except for normal and recognized executive-legislative relationships, the Contractor shall not use any HHS contract funds for:

(a) Publicity or propaganda purposes;

(b) The preparation, distribution, or use of any kit, pamphlet, booklet, publication, electronic communication, radio, television or video presentation designed to support or defeat the enactment of legislation before the Congress or any State or local legislature or legislative body, except in presentation to the Congress or any State or local legislature itself; or designed to support of defeat any proposed or pending regulation, administrative action, or order issued by the executive branch of any State or local government, except in presentation to the executive branch of any State or local government itself; or

(c) Payment of salary or expenses of the Contractor, or any agent acting for the Contractor, related to any activity designed to influence the enactment of legislation, appropriations regulation, administrative action, or Executive order proposed or pending before the Congress or any State government, State legislature or local legislature or legislative body, other than for normal and recognized executive-legislative relationships or participation by an agency or officer of a State, local or tribal government is policymaking and administrative processes within the executive branch of that government.

The prohibitions in subsections (a), (b), and (c) above shall include any activity to advocate or promote any proposed, pending, or future Federal, State or local tax increase, or any proposed, pending, or future requirement for, or restriction on, any legal consumer product, including its sale or marketing, including, but not limited to, the advocacy or promotion of gun control.

7.8 HHSAR 352.203-70 ANTI-LOBBYING (MAR 2012)

Pursuant to the current HHS annual appropriations act, Public Law 112-74, except for normal and recognized executive-legislative relationships, the Contractor shall not use any HHS contract funds for:

(a) Publicity or propaganda purposes;

(b) The preparation, distribution, or use of any kit, pamphlet, booklet, publication, electronic communication, radio, television or video presentation designed to support or defeat the enactment of legislation before the Congress or any state or local legislature or legislative body, except in presentation to the Congress or any state or local legislature itself; or designed to support of defeat any proposed or pending regulation, administrative action, or order issued by the executive branch of any state or local government, except in presentation to the executive branch of any state or local government itself; or

(c) Payment of salary or expenses of the Contractor, or any agent acting for the Contractor, related to any activity designed to influence the enactment of legislation, appropriations regulation, administrative action, or Executive order proposed or pending before the Congress or any state government, state legislature or local legislature or legislative body, other than for normal and recognized executive-legislative relationships or participation by an agency or officer of a state, local or tribal government is policymaking and administrative processes within the executive branch of that government.

The prohibitions in subsections (a), (b), and (c) above shall include any activity to advocate or promote any proposed, pending, or future federal, state or local tax increase, or any proposed, pending, or future requirement for, or restriction on, any legal consumer product, including its sale or marketing, including, but not limited to, the advocacy or promotion of gun control.

7.9 HHSAR 325.231-70 SALARY RATE LIMITATION (AUG 2012)

(a) Pursuant to the current and applicable prior HHS appropriations acts, the Contractor shall not use contract funds to pay the direct salary of an individual at a rate in excess of the Federal Executive Schedule Level in effect on the date the funding was obligated (the effective date of the contract action). Funding obligated on or after December 23, 2011 cannot be used to pay the direct salary of an individual at a rate in excess of Federal Executive Schedule Level II.

(b) For purposes of the salary rate limitation, the terms “direct salary,'' “salary”, and “institutional base salary'', have the same meaning and are collectively referred to as “direct salary'', in this clause. An individual's direct salary is the annual compensation that the Contractor pays for an individual's direct effort (costs) under the contract. Direct salary excludes any income that an individual may be permitted to earn outside of duties to the Contractor. Direct salary also excludes fringe benefits, overhead, and general and administrative expenses (also referred to as indirect costs or facilities and administrative [F&A] costs).

Note: The salary rate limitation does not restrict the salary that an organization may pay an individual working under an HHS contract or order; it merely limits the portion of that salary that may be paid with contract funds.

(c) The salary rate limitation also applies to individuals under subcontracts. If this is a multiple-year contract or order, it may be subject to unilateral modification by the Contracting Officer to ensure that an individual is not paid at a rate that exceeds the salary rate limitation provision established in the HHS appropriations act in effect when the expense is incurred regardless of the rate initially used to establish contract or order funding.

(d) See the salaries and wages pay tables on the U.S. Office of Personnel Management Web site for Federal Executive Schedule salary levels that apply to the current and prior periods.

7.10 RESTRICTIONS ON CONTRACT ACCESS TO GOVERNMENT OR THIRD PARTY INFOMRATION

The purpose of this clause is to set forth the restrictions that will 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 will 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:

(i) Utilize the information only for the purposes of performing the services specified in this contract, and not for any other purposes;

(ii) Safeguard information from unauthorized use and disclosure;

(iii) Allow access to the information only to those employees who need it to perform services under this contract;

iv) Preclude access and disclosure of information to persons and entities outside of the Contractor's organization that do not have authority to access the information;

(v) Inform employees, who may require access to information, about their obligations to utilize it only to perform the services specified in this contract and to safeguard that information from unauthorized use and disclosure; and

(vi) Ensure each employee complies with the restrictions set forth in (i), (ii), (iii), and (iv) above.

(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:

(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 modification may provide grounds for the Government to:

(i) Require the contractor to remove the contract employee or employees from the performance of the contract;

(ii) Require the contractor to terminate the subcontractor; (iii) Suspend contractor payments;

(iv) Terminate this contract for default or cause;

(v) Suspend or debar the Contractor for serious misconduct affecting present responsibility; and;

(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 $5,000 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.

Information made available to the contractor by the Government for the performance or administration of this effort shall be used only for those purposes and shall not be used in any other way without the written agreement of the Contracting Officer.

The Contractor agrees to assume responsibility for protecting the confidentiality of Government records, which are not public information. Each contractor or employee of the contractor to whom information may be made available or disclosed shall be notified in writing by the Contractor that such information may be disclosed only for a purpose and to the extent authorized herein.

The Contractor shall not use, disclose, or reproduce proprietary data that bears a restrictive legend, other than as required in the performance of this effort. Nothing herein shall preclude the use of any data independently acquired by the Contractor without such limitations or prohibit an agreement at no cost to the Government between the Contractor and the data owner which provides for greater rights to the Contractor.

The Contractor agrees not to release or disclose, verbally or in writing, information pertaining to the results or findings of work (including data collection, analyses, draft, or final papers and reports) for the period of this contract without first notifying the COR in writing at least 21 days prior to the release or disclosure. At a minimum, the notification shall include: (1) who or what is generating the request for advance information; (2) when and how project results/information would be released; and (3) what information would be released.

7.11 RESTRICTIONS ON DISCLOSURE OF INFORMATION

Information made available to the Contractor by the Government for the performance or administration of this effort shall be used only for those purposes and shall not be used in any other way without the written agreement of the Contracting Officer.

The Contractor agrees to assume responsibility for protecting the confidentiality of government records, which are not public information. Each Contractor or employee of the Contractor to whom information may be made available or disclosed shall be notified in writing by the Contractor that such information may be disclosed only for a purpose and to the extent authorized herein.

The Contractor shall not use, disclose, or reproduce proprietary data that bears a restrictive legend, other than as required in the performance of this effort. Nothing herein shall preclude the use of any data independently acquired by the contractor without such limitations or prohibit an agreement at no cost to the Government between the Contractor and the data owner which provides for greater rights to the Contractor.

The Contractor agrees not to release or disclose, verbally or in writing, information pertaining to the results or findings of work (including data collection, analyses, draf,t or final papers and reports) for the period of this contract without first notifying the COR in writing at least 21 days prior to the release or disclosure. At a minimum, the notification shall include: (1) who or what is generating the request for advance information; (2) when and how project results/information would be released; and (3) what information would be released.

7.12 SECTION 508- ACCESSIBILTY OF ELECTRONIC INFORMATION TECHNOLOGY

Section 508 of the Rehabilitation Act of 1973 requires that federal agencies’ electronic and information technology (EIT) is accessible to people with disabilities. FAR Final Rule for Section 508 (EIT Accessibility) can be found at www.section508.gov and at the Access Board’s Web site at http://www.access-board.gov/508.htm Unless it is an “undue burden” or compliant products or services do not exist, applicable products shall conform to Section 508. The FFRDC should state that they shall comply with the requirements of Section 508 or cite a justifiable reason for an exception.