75P00120R00176_BASE.docx

ONC Certification Program National Council for Prescription Drug Programs Support

75P00120R00176_BASE

SECTION B-SUPPLIES/SERVICES AND PRICE/COSTS

B.1 CONSIDERATION AND PAYMENT

The Contractor shall provide the services described in Section C Description/Specification/Work Statement. These services 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 severable services.

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

SECTION C—DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

TITLE: ONC Certification Program National Council for Prescription Drug Programs (NCPDP) Support

C.1 BACKGROUND

The Office of the National Coordinator for Health Information Technology (ONC) intends to award a Sole Source support contract to the National Council for Prescription Drug Programs (NCPDP) to support advancements in the technical standards necessary to achieve interoperability among health information technology (IT) systems. U.S. Department of Health and Human Services (HHS) activities support efforts to enhance the health and well-being of Americans by providing for effective health and human services and by fostering sound, sustained advances in the sciences underlying medicine, public health, and social services. The mission of ONC is to improve the health and well-being of individuals and communities through the use of technology and health information that is accessible when and where it matters most.

NCPDP is an American National Standards Institute (ANSI)-accredited Standards Development Organization (SDO) that uses a consensus-based process to create national standards for the electronic exchange of healthcare information. NCPDP standards are widely used across healthcare and have transformed the pharmacy industry, decreasing health system costs while increasing patient safety and quality of care. Many standards developed by NCPDP have been named in federal legislation. The 2015 Edition Final Rule named NCPDP SCRIPT standard version 10.6 for §170.315(b)(3) electronic prescribing, and that version of the standard is the most widely used standard in the industry to support the exchange of prescription information nationwide. More recently, the ONC’s Cures Act Final Rule[footnoteRef:1] requires health IT developers to upgrade their systems and implement the 2017071 version of the NCPDP SCRIPT standard for §170.315(b)(3) electronic prescribing. [1: https://www.federalregister.gov/documents/2020/05/01/2020-07419/21st-century-cures-act-interoperability-information-blocking-and-the-onc-health-it-certification]

In July 2018, ONC worked with the National Institute of Standards and Technology (NIST) and NCPDP through a contract to migrate the ONC health IT §170.315(b)(3) electronic prescribing certification testing tool and associated documentation and support from NIST to NCPDP. Through this effort, NCPDP has adopted and continues to maintain the testing tool that assures health IT’s conformance to §170.315(b)(3) for both NCPDP SCRIPT standard version 10.6 and NCPDP SCRIPT standard version 2017071.

C.2 Objectives This contract will support the ONC Health IT Certification Program in maintaining and enhancing conformance testing capabilities of industry-developed and maintained testing tools.[footnoteRef:2] Transitioning the testing portfolio to industry partners optimizes the testing experience for developers and National Voluntary Laboratory Accreditation Program (NVLAP)-accredited testing laboratories, allows greater flexibility to respond to industry advancements and market changes, and reduces the burden of software hosting and maintenance on the government. Development, maintenance, and enhancement by NCPDP of the testing tools, documentation, and resources relied on by the ONC Health IT Certification Program supports the accuracy and traceability needed by ONC to ensure program integrity and assurance to providers that the systems they purchase and use perform as expected and according to industry best practices. [2: https://www.federalregister.gov/documents/2015/06/09/2015-13510/acceptance-and-approval-of-non-governmental-developed-test-procedures-test-tools-and-test-data-for]

This support contract aims to enhance the testing infrastructure that the Program currently relies on, and will support efforts by NCPDP to mature the testing environment in greater collaboration with its stakeholders. Achieving this goal will enable the Program to more efficiently focus its testing resources and better align with industry-developed testing tools, which could help support the real world testing envisioned by the Cures Act.

C.3 STATEMENT OF WORK/ Specific Tasks To achieve the purpose stated above, the Contractor shall perform but is not limited to the following:

Task 1: Project Management Task 2: Maintain and Enhance Conformance Testing Infrastructure Task 3: Maintain and Enhance Test Documentation and Resources Task 4: Business Sustainability Plan C.3.1: Project Management The Contractor shall follow standard business and project management practices and create the following work products:

a. Project Kickoff Meeting: Within 10 business days of the project start date, the Contractor shall meet with the Government Task Lead (GTL), COR, and other key stakeholders to review the scope and approach to performing the work; introduce project team members; establish ground rules for project communication, management, and reporting; and discuss next steps. The Project Kickoff Meeting may be conducted in a virtual space, as necessary.

b. Project Work Plan (PWP) – The Contractor will develop a proposed project timeline and high-level Project Work Plan. The COR will approve the PWP or provide comments for revision within ten (10) government business days of delivery. The PWP may be revised as needed throughout the period of delivery; however, the PWP may not be revised more than once a month.

c. Standing Progress Meetings – The Contractor Project Lead shall hold progress meetings with the ONC GTL and COR, and other relevant stakeholders as determined by the COR. Agendas shall be provided prior to each meeting to a list of recipients to be determined by the COR. Agenda topics shall include task status, feedback, track action items, risks, and issues.

d. Monthly Progress Reports (MPR) – As required by contract, the Contractor shall prepare and deliver a monthly progress report on approximately the 15th day of the following month. This report shall summarize accomplishments, status of tasks and deliverables, issues and resolutions, and costs for the reporting period. To synchronize with the Contractor’s fiscal calendar, the MPRs for some months may be delayed. The Contractor shall notify the COR when this occurs.

e. Project Implementation Plan - The Contractor shall develop and deliver an Implementation Plan to the COR that addresses tasks and deliverables of the contract. The Implementation Plan shall include a capability statement for each task and deliverable, as well as a timeline for implementing each task and deliverable throughout the life of the agreement. The Implementation plan must also describe recipient’s deep knowledge of and experience with the NCPDP SCRIPT standard version 2017071, and must explain in detail how the testing tool accurately and reliably supports conformance testing for the ONC Health IT Certification Program in accordance with the ONC Cures Act Final Rule.

f. Monthly Technical and Financial Status Reports - The Contractor shall submit written monthly technical and financial status reports describing progress against the Work Plan, to include the upcoming milestones, potential risks to their achievement and proposed mitigation strategies, and planned activities for the coming month. The report shall include Contractor progress on any requirements analyses, highlights of any dependencies related to the government’s upcoming responsibilities, and an estimate of the tools and/or resources needed in the coming month to accomplish the Work Plan’s objectives. The financial information in the report shall include an itemized reporting of the: (a) actual cost for the reporting period and cumulative cost for the contract to date; (b) budgeted costs for the reporting period and contract to date based on the work performed; and (c) estimated costs by month for the remainder of the performance period of the contract.

g. Annual Performance Assessment Reports - The Contractor shall deliver to the COR a comprehensive report documenting their performance during each year of this contract. The report may include, but is not limited to:

· Adherence to Implementation Plan, including timeline and deliverables

· Evidence of the accessibility and reliability of the test tools, including documented down times, bugs and other known issues, and timeliness and nature of the fix or resolution of any issues.

· Evidence of recipient’s efforts to improve and enhance the testing infrastructure, documentation, and other resources.

· Documentation of improvement efforts may include feedback mechanisms such as interviews with subject matter experts and end users and internal testing and other research results, which led to the improvement or enhancement of the testing infrastructure, documentation, and other resources.

h. Final Report - The contractor shall provide a final report, to the COR, at the conclusion of this task order. The report will summarize objectives achieved, significant issues, problems and recommendations to improve the process in the future.

Deliverables:

a. Project Kickoff Meeting

b. Project Work Plan

c. Standing Progress Meeting agendas

d. Monthly Progress Reports

e. Project Implementation Plan

f. Monthly Technical and Financial Status Reports

g. Annual Performance Assessment Reports

h. Final Report C.3.2: Maintain and Enhance Conformance Testing Infrastructure The Contractor shall maintain and enhance the conformance testing infrastructure as needed by the ONC Health IT Certification Program.

Maintain the testing infrastructure needed to assess health IT conformance to NCPDP SCRIPT standard version 2017071 and all other relevant requirements outlined by the ONC Health IT Certification Program. Release open source, easily accessible versions of the electronic prescribing conformance testing tools for NCPDP SCRIPT standard version 10.6 and draft version of the NCPDP SCRIPT standard version 2017071 testing tool to assist health IT developers and testing labs with their internal development and testing needs. Clearly communicate to end users that these open tools are for internal testing only, are available at no cost, are not actively updated, and do not qualify as ONC-approved test tools for the purposes of certification testing. Identify areas to improve and enhance the testing infrastructure, including dedicated test environment, test plans, test data, configuration management process and version control system, and method for tracing ONC Health IT Certification Program criterion and requirements to test plans and test data.Monitor and document ways to improve and enhance defect and issue tracking system to include quality assurance and continuous improvement efforts such as a regular review of test plans and test data to address any issues and improve the overall quality of testing.

Deliverables:

a. Testing infrastructure supporting the NCPDP Script versions 2017071 and 10.6 as outlined by the ONC Health IT Certification Program, approved by the ONC Certification Program.

b. Open source, easily accessible versions of the electronic prescribing conformance testing tools for NCPDP SCRIPT standard version 10.6 and draft version of the NCPDP SCRIPT standard version 2017071 testing tool to assist health IT developers and testing labs with their internal development and testing needs.

c. Communications to end users that these open tools are for internal testing only, are available at no cost, are not actively updated, and do not qualify as ONC-approved test tools for the purposes of certification testing.

d. Strategy to improve and enhance the testing infrastructure and traceability matrix of ONC Health IT Certification Program criterion and requirements to test plans and test data.

e. Strategy to improve and enhance defect and issue tracking system.

C.3.3: Maintain and Enhance Test Documentation and Resources The Contractor shall maintain and enhance test documentation and resources to support conformance testing as needed by the ONC Health IT Certification Program.

a. Maintain documentation and other applicable resources to support an optimized testing experience for Health IT developers and NVLAP accredited testing laboratories.

b. Analyze and provide corrective action for documentation and resources to include:Quality assurance and continuous improvement efforts such as a regular review of documentation to address any issues, eliminate redundancies, and improve the overall quality of testing.

Deliverables:

a. Testing documentation and resources to support ONC Health IT Certification Program testing for §170.315(b)(3)

b. Quality assurance plan detailing continuous improvement of testing documentation and resources.

C.3.4: Business Sustainability Plan In order to ensure the sustainability of the testing tool beyond the life of this contract, the Contractor shall submit a Business Sustainability Plan that clearly sets out the recipient’s strategy to achieve sustainability by the end of the period of performance and projecting three years beyond the end of this contract.

The Business Sustainability Plan may include but is not limited to: pricing strategies, market research, public and private financing strategies, financial reporting, business planning, audits, and controls.

Deliverables:

a. NCPDP Business Sustainability Plan C.3.5: Travel Travel to support the ONC Health IT Certification Program may be required to the ONC Tech Forum and/or the ONC Annual Meeting. These events have been traditionally sponsored in the greater Washington, DC metro annually, though they may be held virtually during some portion of this contract period

C.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.

C.5 SECURITY (only applies if the contractor will be working on Gov site or access to sensitive information) HHS-Controlled Facilities and Information Systems Security:(a) To perform the work specified herein, Contractor personnel are expected to have routine (1) physical access to an HHS-controlled facility; (2) logical access to an HHS-controlled information system; (3) access to sensitive HHS data or information, whether in an HHS-controlled information system or in hard copy; or (4) any combination of circumstances (1) through (3).(b) To gain routine physical access to an HHS facility, logical access to an HHS-controlled information system, and/or access to sensitive data or information, the Contractor and its employees shall comply with Homeland Security Presidential Directive (HSPD)-12, Policy for a Common Identification Standard for Federal Employees and Contractors; Office of Management and Budget memorandum (M-05-24); and Federal Information Processing Standards Publication (FIPS PUB) Number 201; and with the personal identity verification and investigation procedures contained in the following documents:

(1) HHS Information Security Program Policy.

(2) HHS Office of Security and Drug Testing, Personnel Security/ Suitability Handbook, dated February 1, 2005.

(3) HHS HSPD-12 Policy Document, v. 2.0.

(c) This contract/order will entail the following position sensitivity level(s): Level 1.

(d) The personnel investigation procedures for Contractor personnel require that the Contractor prepare and submit background check/investigation forms based on the type of investigation required. The minimum Government investigation for a non-sensitive position is a National Agency Check and Inquiries (NACI) with fingerprinting. More restricted positions--i.e., those above non-sensitive, require more extensive documentation and investigation. As part of its proposal, and if the anticipated position sensitivity levels are specified in paragraph (c) above, the Offeror shall notify the Contracting Officer of (1) its proposed personnel who will be subject to a background check/investigation and (2) whether any of its proposed personnel who will work under the contract have previously been the subject of national agency checks or background investigations.

(e) 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, if position sensitivity levels are specified in paragraph (c), the Offeror shall ensure that the employees it proposes for work under this contract have a reasonable chance for approval.

(f) 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 than the cost of the additional investigation(s).

(g) 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).

(h) The Contractor shall direct inquiries, including requests for forms and assistance, to the Contracting Officer or designee.

(i) 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.''

SECTION D – INSPECTION AND ACCEPTANCE

D.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 E – PACKAGING AND MARKING

E.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:

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.

E.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.

E.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 F – DELIVERIES OR PERFORMANCE

F.1 PERIOD OF PERFORMANCE

The period of performance of the task order shall be for a 12-month base period for severable services with two, 12-month option years.

F.2 PLACE OF PERFORMANCE

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

F.3 DELIVERABLES SCHEDULE

In fulfillment of this effort, the Contractor shall provide the following deliverables. All deliverables shall be submitted to the COR, unless otherwise agreed upon. Unless otherwise specified, the Government will have a maximum of ten (10) working days from the day the draft deliverable is received to review the document, provide comments back to the contractor, approve or disapprove the deliverable(s). The contractor will also have a maximum of ten (10) working days from the day comments are received to incorporate all changes and submit the final deliverable to the Government. All days identified below are intended to be workdays unless otherwise specified.

Deliverables

C.3.1.a

Draft - Ten (10) business days prior to the end of the contract. year/period of performance.

Final - Five (5) business days prior to the end of the contract. year/period of performance.

All written deliverables must be accessible by Microsoft Word 2007. Any electronic spreadsheets submitted must be accessible by Microsoft Excel 2007. All audio files submitted on CDs must be playable by the latest version of Windows Media Player.

F.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.

F.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.

SECTION G – ADMINISTRATION DATA

G.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.

G.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.”

G.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:

Contract Specialist: erneisha.bailey@psc.hhs.gov DAM mailbox: pscsas.invoices@psc.hhs.gov Contracting Officer's Representative (COR): TBD 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 H – SPECIAL ORDER REQUIREMENTS

H.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.

H.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.

H.3 FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor priro to contract expiration provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

H.4 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

H.5 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.

H.6 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.

H.7 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.

H.8 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.

H.9 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.

H.10 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.

H.11 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.…