75P00121R00016_BASE_FINAL.pdf

75P00121R00016 Electronic Case Adjudication and Processing Environment (ECAPE) Independent Program Management Support/Staff Augmentation

A. SECTION A – SOLICITATION/CONTRACT FORM

TABLE OF CONTENTS

Section Page No. Section Page No.

A 1 H 17 - 21

B 2 - 4 I 22 - 35

C 5 - 9 J 36

D 10 K 37 - 60

E 11 L 61 - 66

F 12 M 67 - 73

G 13 - 16

B. SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 BRIEF DESCRIPTION OF SERVICES

In order to deliver excellent service in the face of rapidly growing workloads, the Department of Health and Human Services (HHS), Office of Medicare Hearings and Appeals (OMHA) needs to take advantage of the efficiencies that electronic processing can produce. To accomplish this, OMHA has contracted with a System Integrator for a cloud base software-as-a-service (SaaS) solution that is configurable with functionality that fully supports their business processes and allows them to work efficiently in a fully-electronic environment. The new system is called the Electronic Case Adjudication and Processing Environment (ECAPE).

The US Department of Health and Human Services (HHS), Office of Medicare Hearings and Appeals (OMHA) intends to utilize indefinite delivery/indefinite quantity (IDIQ) contract TO support the OMHA ECAPE team in various activities related to the overall support of the program. This would include independent technical oversight and support in managing an enterprise IT Program separate from the ECAPE System Integrator (SI) development and O&M contract.

B.2 TYPE OF CONTRACT

The contract type awarded is Indefinite Delivery Indefinite Quantity (IDIQ)

B.3 TYPE OF ORDERS (IDIQ)

Task or delivery orders issued under this IDIQ contract shall be: Fixed-Price, Labor Hour and Time and Material type task orders.

B.4 MINIMUM AND MAXIMUM QUANTITIES (IDIQ)

During the contract period, the Government shall place orders totaling a minimum of $1,000.00.

This reflects the contract minimum for the entire period of performance, including any options.

The contract maximum for the entire period of performance, including any options, shall be for the placement of orders totaling a maximum of $25,000,000.00. The funding for the minimum guarantee is not currently committed and awards will only be made when and if funding for the minimum guarantee becomes available.

B.5 CONTRACT LINE ITEM PRICING (IDIQ)

The price for each task order will be based on the negotiated unit prices listed below and estimated level of effort to be determined at the time of task order award.

The Contractor will be reimbursed in accordance with pricing section of each task order for satisfactory performance of the work.

Time and Material/Labor Hour Orders

The Contractor shall not exceed the maximum, fully loaded hourly rates (inclusive of wages, indirect costs such as fringe, overhead, general and administrative expenses, any other indirect costs for labor, and profit) for each category listed below:

Loaded Labor Rate Labor Category Year 1 Year 2 Year 3 Year 4 Year 5

Director/CEO/President Technical Sr to mid-level Information Technology technical expertise to include experts in operations and production support, interface technical support, telecommunications and/or video specialist, systems analysis support, IT security, and over all technical skills, etc. Human Interface Specialist is a technical/psychology related to the user interfaces and best practices in human studies.

Lead Technical Analyst/Advisor Technical Analyst Operations Analyst Systems Analyst I Systems Analyst II Subject Matter Expert Technical User interface/Human Interface Specialist

IT Security Analyst PM/Business Support Sr to mid-level Program/Project management support with an emphasis on business support to include master scheduling, release management, testing, data analytics, business administrative support, task management, helpdesk business operations, governance/stakeholder management, EVM, etc.

Program Manager I Program Manager II Project Manager I Project Manager II Business Support Analyst I Business Support Analyst II Subject Matter Expert Business Business Intelligence Analyst Quality Assurance Analyst Communication Specialist Training Coordination Specialist Senior Program Specialist Program Specialist Financial/Contract Specialist Analyst Business process analyst/helpdesk analyst

Digital Media Specialist Technical Writer

Material (Non-Labor) Indirect Cost Rates - Pursuant to the General Provisions of this contract pursuant to FAR 52.212-4; Alt. I, the following fixed indirect rate to be applied against Materials is established:

to be specified in task orders

NOTE:

Task orders whose period of performance extends beyond the base contract period of five years, the Contractor shall use the rates in Year 5 as adjusted by the Employment Cost Index from the Bureau of Labor Statistics. Rates are listed on the right hand side of the page under “Latest Numbers” on http://www.bls.gov/ncs/ect

C. SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 PROGRAM DESCRIPTION AND BACKGROUND

In order to deliver excellent service in the face of rapidly growing workloads, the Department of Health and Human Services (HHS), Office of Medicare Hearings and Appeals (OMHA) needs to take advantage of the efficiencies that electronic processing can produce. To accomplish this, OMHA has contracted with a System Integrator for a cloud base software-as-a-service (SaaS) solution that is configurable with functionality that fully supports their business processes and allows them to work efficiently in a fully electronic environment. OMHA and its System Integrator (SI) are currently well into the Operations and Maintenance phase of the project to ensure it meets for OMHA’s needs, as well as developing and implementing enhancements to the base electronic system in place. The system is very complex and relies not only on the commercially acquired SaaS and a cloud service provider, but also interfaces with other HHS systems such as the Centers for Medicare and Medicaid Systems’ (CMS) Medicare Appeals System (MAS). The new system is called the Electronic Case Adjudication and Processing Environment (ECAPE). The ECAPE project seeks to provide OMHA with a stable, responsive, user-friendly system with functionality that fully supports OMHA’s adjudicatory business processes and allows OMHA staff to work efficiently in an electronic environment.

The core of ECAPE is a configurable, cloud-based, SaaS workflow package that interfaces with the existing Medicare Appeals System (MAS) database, the Center for Medicare Services’ (CMS) Enterprise Content Management System and other enterprise Medicare systems. The overall program is being managed and developed in an agile iterative process. The primary ECAPE IT system was fully implemented in all field offices in November of 2019 and is in operations and maintenance (O&M). Additional content for O&M and future iterations has been scoped for development under a separate contract. OMHA received the Authority to Operate (ATO) for ECAPE in September 2018.

ECAPE is an enterprise level program. As OMHA has limited staff resources, it uses contractors to provide support services and independent verification and validation in a number of critical areas:

• Project Management Office (PMO) support and guidance,

• IV&V on contract deliverable support,

• Technical checks and balance on the primary System Integration (SI) contractor,

• High level, high quality IT advice and support, and

• Business Application Operations Support to include:

o helpdesk support, o reporting, o requirements management, o release management, o testing support, o defect management, o schedule management, o training coordination, o end-user communication o risk management and o budget management and compliance

C.2 SCOPE OF IDIQ

The Contractor shall furnish all of the necessary personnel, materials, services, facilities, (except as otherwise specified), and otherwise do all the things necessary for or incident to the performance of the work as set forth in each task order.

This statement of work supports the OMHA ECAPE team in various activities related to the overall support of the program. This would include independent technical oversight and support in managing an enterprise IT Program separate from the ECAPE System Integrator (SI) development and O&M contract. Primary areas of PMO and technical support would augment the OMHA ECAPE team in the following, but not limited to, areas:

• Software development and lifecycle support and documentation

• Applications operations support

• Interfaces with other HHS systems that are not covered by the SI contract or need independent technical support

• Network architecture implementation strategy advice

• Change Management support and documentation

• Risk Management support in tracking, identifying, and documenting

• Governance support and guidance for an enterprise environment

• Independent verification and validation (IV&V)

• Assistance with financial oversight support and validating earned value management

• Production performance and configuration management support

• Business operations development for OMHA processes

• Integrated Master Schedule development

• Release Management for maintenance and new development and defects identified

• User Acceptance Testing support and coordination from a business process and operations management

• Data analytics and reporting support separate from the SI development efforts

• OMHA Business Process Help Desk operations support

• User Training support and coordination

• Technical and Business advisory support

• Acquisition, contract, and budget management support

• Other ECAPE related support

REQUIREMENTS

The contractor shall:

Provide substantive technical support of Independent Verification and Validation (IV&V);

Network Communications; Architecture/Engineering support separate from the SI development and O&M efforts; Business Applications for the Operations and Maintenance and further enhancements of ECAPE:

Independent Verification and Validation (IV&V) and Release Management Support includes tasks like:

• Review System Integrator’s (SI) compliance with contract provisions,

• Review and ensure that User Stories developed by the System Integrator (SI) match defined requirements,

• Review and ensure that the acceptance criteria matches the defined requirements,

• Provide release and configuration management support and oversight to OMHA that is conducted by the SI,

• Assist OMHA staff in modifying and updating the Requirements Traceability Matrix,

• Draft, update, and maintain and/or assist the Government in providing inputs to and reviewing test plans, test scenarios, test reports, etc.,

• Conduct or assist the Government in overseeing and reviewing the conduct of unity testing, integration testing, user acceptance testing, application performance and load testing, usability testing, interface testing, and other testing activities throughout the project development lifecycle.

Project Management similar to:

• Assist the OMHA staff to develop, update, and maintain the Project Management Plan, Staffing Management Plan, Project Plan/Schedule, and Work Breakdown Structure,

• Assist the OMHA staff with maintaining the ECAPE project budget,

• Collect and analyze cost and schedule performance data from the ECAPE development project in order to identify cost, schedule, and performance trends and deviations,

• Monitor expenditures by the SI and review earned value management, supporting ITD,

• Update and maintain the ECAPE Risk Management Plan and ECAPE Risk Management

Log,

• Provide substantive advice and recommendations related to the identification and mitigation of project risks,

• Assist in the preparation and update of the OMB Exhibits 53 and 300 in the HHS

Portfolio Management Tool,

• Support ITD leadership in overseeing program and in an advisory capacity, and

• Stakeholder guidance and oversight to include assistance and support with governance process as program progresses in O&M.

Business Applications Support like the following tasks:

• Assist in helpdesk coordination with business policies and oversight,

• Develop or assist with requirements capture and reporting and/or trend analysis,

• Support for forecasting and analytics around business application metrics,

• Develop and document processes and standard operating procedures.

Network Communications tasks could include:

a. Support the on-going administration of ECAPE’s Production and user acceptance testing (UAT) environments that are separate IV&V from the SI’s lower environments,

b. Provide expert advice on network and operational issues that may arise related to ECAPE

c. Review deliverables from the ECAPE SI and provide technical expert independent feedback to OMHA

Architecture/Engineering tasks could include:

d. Assist OMHA staff in the identification and definition of business requirements,

e. Participate in design sessions with OMHA staff and the SI to assist in design solutions for

ECAPE,

f. Provide technical expertise to the ECAPE O&M and development processes,

g. Identify potential road blocks and provide alternative solutions for ECAPE technical issues,

h. Review and provide feedback on configuration of the ECAPE’s cloud service provider hosting environment, where appropriate,

i. Assist with ECAPE’s network architecture, including the security layer, for the internal

ECAPE application and the public portal,

j. Coordinate connectivity implementation across multiple HHS OpDivs including HHS’

Trusted Internet Connection (TIC) interfaces to ECAPE,

k. Provide expert review of interfaces between OMHA and other HHS and non-HHS entities,

l. Provide support to ECAPE Information System Security Officer (ISSO) on security and architecture related questions,

m. Assist with determining a data conversion strategy for existing appeals and reference tables from MAS to ECAPE,

n. Support ITD in meeting department-level requirements (CMS technical review board, Enterprise Performance Life Cycle, OMB submissions, and security requirements),

o. Provide input on risk and change management and develop mitigation strategies for ITD management to apply,

p. Recommend strategies for meeting project milestones, and

q. Review technical deliverables provided by the ECAPE development/O&M SI contractor.

Operations Analysis tasks could include:

r. Assist the Government through analysis of business operations development work,

s. Provide technical support around business operations development,

t. Recommend strategies for coordination in business application support,

u. Identify potential business process improvements to OMHA’s adjudication processes,

v. Support for developing enhanced management information and business analytics, and

w. Provide expert review and assistance on any data integrity issues noted throughout the hearing and appeals process of ECAPE.

PMO and technical support in the following areas:

• Business Operations Support – technical support in business requirements and business process operations.

• Governance Board Support – establish processes that incorporate the user community and various board activities that would set priorities or give feedback to the ECAPE team as the program continues to mature in a formalized capacity.

• Enterprise Technical Assistance – additional independent technical support beyond the scope previously outlined.

• Interface Technical Support – additional independent assistance working with the many interfaces of ECAPE within HHS and the appellant community and portal as new technologies become available or interface with ECAPE.

• Return on Investment Analysis - develop specific documentation or support around return of investment evaluations on enhancements noted in the SI contract. For example develop documentation on advantages to centralized print and mail or other potential policy/congressional/initiative changes.

• Training Coordination Support – provide support and processes around training and cross functional and cross departmental coordination.

C.3 LABOR CATEGORY DEFINITIONS

See Attachment J.3

C.4 INFORMATION SECURITY AND/OR PHYSICAL ACCESS SECURITY

REQUIREMENTS

To be completed in individual task orders, when applicable.

C.5 ADDITIONAL HSPD-12 AND POSITION SENSITIVITY REQUIREMENTS

To be completed in individual task orders, when applicable.

C.6 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

To be completed in individual task orders, when applicable.

C.7 HHS SECTION 508 ACCESSIBILITY STANDARDS

The following Section 508 accessibility standards apply to the work to be performed:

D. SECTION D - PACKAGING AND MARKING

D.1 PACKAGING AND MARKING

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

1. Name and address of the Contractor;

2. Contract Number;

3. Description of item contained therein; and

4. Consignee's name and address.

D.2 PAYMENT OF POSTAGE AND FEES

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

E. SECTION E - INSPECTION AND ACCEPTANCE

E.1 INSPECTION AND ACCEPTANCE

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

E.1.1 Inspection and Acceptance Criteria Final inspection and acceptance of all work performed, reports and other deliverables will be performed at the place of delivery by the COR.

E.1.2 General Acceptance Criteria General quality measures, as set forth below, will be applied to each work product received from the Contractor under this Statement of Work.

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

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

• Consistency to Requirements - All work products must satisfy the requirements of this

Statement of Work.

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

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

F. SECTION F - DELIVERIES OR PERFORMANCE

F.1 PERIOD OF PERFORMANCE (IDIQ)

Performance of this contract shall be for a base period of five years.

The period of performance for individual task orders can extend beyond the expiration date of the IDIQ. In accordance with 52.216-22, Indefinite Quantity, options on task orders may be exercised after the expiration date of the IDIQ. The Contractor shall not be required to make any deliveries under this contract after the completion of the order, including options, which should not extend past 60 months, following the expiration of the IDIQ ordering period.

F.2 PLACE OF PERFORMANCE (IDIQ)

Work shall be performed primarily at the contractor's facility in the National Capital Region, but may require visits to OMHA HQ and CMS without incurring travel expenses.

F.3 REPORT(S)/DELIVERABLES AND DELIVERY SCHEDULE (IDIQ)

The contractor shall submit all required deliverables in accordance with the schedule established in each individual task order. Deliverables submitted under each individual task order shall reference and cite the contract number and the specific task order number.

G. SECTION G - CONTRACT ADMINISTRATION DATA

G.1 PROVISIONS APPLICABLE TO MATERIAL COSTS (IDIQ)

For Time and Material task orders, unless otherwise expressly provided elsewhere in the contract or in any modification thereto, the cost of the following items or activities shall be unallowable as material costs:

1. Acquisition by purchase or lease, of any interest in real property.

2. Special rearrangement or alteration of facilities;

3. Purchase or lease or rental of any item of general purpose; office furniture or office equipment (including data tapes);

4. Travel to foreign countries; and

5. Food and beverage costs unless part of per diem expenses paid in accordance with the Federal Travel Regulations.

Any equipment having a unit acquisition cost in excess of $1,000.00, of which the Contractor wishes to be reimbursed as a material cost, shall not be acquired by the Contractor without the specific advance written approval of the Contracting Officer.

G.2 CONFERENCE EXPENSES

Unless the Contracting Officer provides explicit written approval for conference expenses, conference expenses are not allowable under this contract. For purposes of this contract, conference and conference expense are defined in the HHS Policy on Promoting Efficient Spending, specifically Attachment 1, Use of Appropriated Funds for Conferences and Meeting Space dated January 23, 2015. The attachment also provides a list of typical HHS meetings and events that are not considered conferences at Exhibit 2. The policy and associated attachments are located at the following site:

http://www.hhs.gov/grants/contracts/contract-policies-regulations/index.html)

G.3 AUTHORITIES OF GOVERNMENT PERSONNEL

Notwithstanding the Contractor’s responsibility for total management during the performance of this task order, the administration of the task 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 task order.

G.3.1 Contracting Officer

Contracting Officer Name: Joseph Pirrone http://www.hhs.gov/grants/contracts/contract-policies-regulations/index.html

Address: 7700 Wisconsin Avenue, Suite 8208, Bethesda, MD 20814 Phone: (301) 492-4642 Email: Joseph.Pirrone@psc.hhs.gov

All communications pertaining to contractual and/or administrative matters under this contract shall be sent to:

Contract Specialist Name: David Morgan Address: 7700 Wisconsin Avenue, 8th Floor, Bethesda, MD 20857 Phone: (301) 492-4699 Email: David.Morgan@psc.hhs.gov

G.3.2 Contracting Officer Representative

TBD

The Government may name a different COR to monitor any individual order.

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

G.4 CONTRACTING OFFICER'S REPRESENTATIVE (COR) AUTHORITY

(a) Performance of work under this contract must be subject to the technical direction of the Contracting Officer's Representative identified above, or a representative designated in writing.

The term "technical direction" includes, without limitation, direction to the contractor that directs or redirects the labor effort, shifts the work between work areas or locations, fills in details and otherwise serves to ensure that tasks outlined in the work statement are accomplished satisfactorily.

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

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

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

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

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

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

mailto:Joseph.Pirrone@psc.hhs.gov mailto:David.Morgan@psc.hhs.gov

(5) Interferes with the contractor's right to perform under the terms and conditions of the contract; 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 workdays, with a copy to the Contracting Officer.

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

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

G.5 GOVERNMENT-FURNISHED PROPERTY

The Government will provide the following items(s) of Government property to the Contractor for use in the performance of this contract. The property shall be used and maintained by the Contractor in accordance with the HHS Contractors' Guide for Control of Government Property (Appendix Q of the HHS Logistics Management Manual) found at https://web.archive.org/web/20111015044731/http:/www.hhs.gov/hhsmanuals/. The Contractor shall be responsible and accountable for all government property; either furnished or acquired, and also is required to keep the Government's official records of Government property in their possession and control. The following item(s) of Government property are hereby furnished to the Contractor:

Item Description Quantity Government Serial Number

To be completed in individual task orders, when applicable.

G.6 CONTRACTOR-ACQUIRED PROPERTY

The Contractor is hereby authorized to purchase the following equipment for use in the performance under this contract. It is understood and agreed to that title to the following equipment shall vest in the Government. The authorized equipment is as follows:

Item Description Quantity Cost

G.7 INVOICES – COMMERCIAL

The Contractor must submit a separate invoice for each task order issued under the IDIQ.

Details to be provided in individual task orders.

G.8 TRAVEL RELATED COSTS (IDIQ)

If travel is authorized in individual task order, the Contractor will be reimbursed for all domestic travel as described below, incurred directly and specifically in the performance of this contract, claimed by the Contractor and accepted by the Contracting Officer.

Domestic travel expenses incurred by the Contractor in direct performance of the contract shall be reimbursed provided such travel is necessary for the performance of this contract and the cost does not exceed:

a. The lowest customary standard, coach, or equivalent airfare offered during normal business hours for air travel except when such accommodations: 1) require circuitous routing, 2) require travel during unreasonable hours, 3) excessively prolong travel, 4) result in increased costs that would offset transportation savings, 5) are not reasonably adequate for the physical or medical needs of the traveler, or 6) are not reasonably available to meet mission requirements. In order for costs in excess of customary standard or coach airfare to be considered allowable, the applicable exception must be documented and justified.

b. Costs of rail travel by most direct route, coach-class accommodations.

c. The prevailing mileage rate set forth in the Federal Travel Regulation (FTR) or reasonable actual expenses for travel by motor vehicle. Travel by motor vehicle, including rented automobile, shall be reimbursed on a reasonable actual expense basis, or at the Contractor's option, on a mileage basis at the prevailing FTR rate, plus any toll or ferry charges.

d. The prevailing rates set forth in the FTR for lodging, meals and incidental expenses.

H. SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 KEY PERSONNEL

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

Name Position Title

To be completed in individual task orders when applicable.

H.2 PROHIBITION AGAINST PERSONAL SERVICES

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

H.3 CONTRACTOR PERFORMANCE EVALUATION(S)

During the life of this contract, 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.4 RESTRICTIONS ON CONTRACTOR ACCESS TO GOVERNMENT OR THIRD

PARTY INFORMATION

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:

(i) Compete for work for the Government; or

(ii) Submit an unsolicited proposal to the Government.

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

(i) Notify the Contracting Officer; and

(ii) Use the information only in accordance with the instructions of the Contracting Officer.

C. Breach of any of the conditions of this section of the contract 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 $5000 and /or other penalties. In addition, unauthorized disclosure or other misuse of information covered under the Federal Trade Secrets Act (18 USC 1905) may result in a fine, or imprisonment up to 1 year, or both.

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

H.5 MANAGEMENT OF SENSITIVE INFORMATION

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

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

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

H.6 POST AWARD ORGANIZATIONAL CONFLICT OF INTEREST

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

http://www.hhs.gov/ocio/policy/20080001.003.html

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

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

H.7 ORDERING PROCEDURES (IDIQ)

a. The Contractor will be provided with a description of the work to be performed (Statement of Work, Performance Work Statement, or Statement of Objectives), schedule of deliverables and other additional instructions as needed for each individual task order to be issued under this contract. These documents, collectively referred to as a Request for Task Order Proposal (RFTOP), will be issued by email. The Government reserves the right to conduct analysis in accordance with FAR 15.4 and negotiate for lower pricing for specific task orders. It may be necessary to add labor categories during performance of the IDIQ to cover the scope of work. Rates for those labor categories will be evaluated at the task order level for reasonableness.

b. Special conditions such as Section 508 Compliance, HSPD-12, Human Subjects, etc.

will be addressed at the task order level when the requirement is defined.

c. The RFTOP package will include special instructions that are particular to the requirement. Provisions specific to the work to be performed under an order will be included in the RFTOPs per applicable regulations and policies.

H.8 TASK ORDER INFROMATION (IDIQ)

a. Each task order will contain the following minimum information:

(1) Date of award;

(2) Contract number and task order number;

(3) Total dollar amount of the task order;

(4) Statement of Work, Schedule of Deliverables and any special instructions;

(5) Period of performance;

(6) The name and address of the Task Order COR.

b. The Contractor shall submit separate invoices for each task order.

H.9 EQUAL EMPLOYMENT OPPORTUNITY POSTERS

In order to comply with the notice posting requirements of FAR clause 52.222-26 Equal Opportunity as incorporated into the contract, the contractor shall obtain the posters from the following link: https://www1.eeoc.gov/employers/poster.cfm.

https://www1.eeoc.gov/employers/poster.cfm

I. SECTION I - Contract Clauses

FEDERAL ACQUISITION REGULATION (FAR) (48 CFR CHAPTER 1) AND HEALTH

AND HUMAN SERVICES ACQUISITION REGULATION CONTRACT CLAUSES

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

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

http://www.acquisition.gov/far/ and http://www.hhs.gov/hhsar/

I.2 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS (DEC 2014)

52.204-7 System for Award Management (OCT 2018)

I.3 TASK ORDER CLAUSES

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

FAR

CLAUSE

NO.

TITLE AND DATE FIXED PRICE

SERVICE

TIME AND

MATERIALS

SERVICE

52.202-1 Definitions (Jun 2020) X X 52.203-7 Anti-Kickback Procedures (May 2014) X X 52.203-17 Contractor Employee Whistleblower

Rights and Requirement to Inform Employees of Whistleblower Rights (Jun 2020)

X X

52.212-4 Contract Terms and Conditions -- Commercial Items (Oct 2018)

X

52.212-4 Contract Terms and Conditions -- Commercial Items (Jan 2017) Alternate I (Jan 2017)

X

52.232-1 Payments (Apr 1984) X 52.232-39 Unenforceability of Unauthorized

Obligations (Jun 2013) X X

52.246-4 Inspection of Services—Fixed-Price (Aug 1996)

X

52.246-6 Inspection—Time-and-Material and Labor-Hour (May 2001)

X

HEALTH AND HUMAN SERICES ACQUISITION REGULATION (HHSAR) (48 CFR

CHAPTER 3) CLAUSES

http://www.acquisition.gov/far/ http://www.hhs.gov/hhsar/

FAR CLAUSE

NO.

TITLE AND DATE FIXED

PRICE

SERVICE

TIME AND

MATERIAL

SERVICE

352.203-70 Anti-lobbying (DEC 2015) X X 352.208-70 Printing and Duplication

(DEC 2015)

X X

352.222-70 Contractor Cooperation in Equal Employment Opportunity Investigations. (DEC 2015)

X X

352.227–70 Publications and Publicity

(DEC 2015)

X X

352.231–70 Salary Rate Limitation

(DEC 2015)

X

I.4 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive

Orders -- Commercial Items (Jan 2021)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

https://www.acquisition.gov/far/52.203-19#FAR_52_203_19 https://www.acquisition.gov/far/52.204-23#FAR_52_204_23 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.acquisition.gov/far/52.209-10#FAR_52_209_10 https://www.acquisition.gov/far/52.233-3#FAR_52_233_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.233-4#FAR_52_233_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUNE 2020), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111- 117, section 743 of Div. C).

_X_ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).

_X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a).

__ (ii) Alternate I (MAR 2020) of 52.219-3.

__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (MAR 2020) of 52.219-4.

__ (13) [Reserved] https://www.acquisition.gov/far/52.203-6#FAR_52_203_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-13#FAR_52_203_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-15#FAR_52_203_15 https://www.acquisition.gov/far/52.204-10#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/52.204-14#FAR_52_204_14 https://www.acquisition.gov/far/52.204-15#FAR_52_204_15 https://www.acquisition.gov/far/52.209-6#FAR_52_209_6 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/52.209-9#FAR_52_209_9 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim https://www.acquisition.gov/far/52.219-3#FAR_52_219_3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim https://www.acquisition.gov/far/52.219-3#FAR_52_219_3 https://www.acquisition.gov/far/52.219-4#FAR_52_219_4 https://www.acquisition.gov/far/52.219-4#FAR_52_219_4

_X_ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) of 52.219-6.

__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (JUN 2020) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (NOV 2016) of 52.219-9.

__ (iii) Alternate II (NOV 2016) of 52.219-9.

__ (iv) Alternate III (JUN 2020) of 52.219-9.

__ (v) Alternate IV (JUN 2020) of 52.219-9

__ (18) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

__ (ii) Alternate I (MAR 2020) of 52.219-13.

_X_ (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set- Aside (MAR 2020) (15 U.S.C. 657f).

_X_ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (NOV 2020) (15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (MAR 2020) of 52.219-28.

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (MAR 2020) (15 U.S.C. 637(m)).

https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 https://www.acquisition.gov/far/52.219-8#FAR_52_219_8 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-13#FAR_52_219_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-13#FAR_52_219_13 https://www.acquisition.gov/far/52.219-14#FAR_52_219_14 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-16#FAR_52_219_16 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-27#FAR_52_219_27 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-28#FAR_52_219_28 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-28#FAR_52_219_28 https://www.acquisition.gov/far/52.219-29#FAR_52_219_29

_X_ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women- Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Mar2020) (15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15U.S.C. 637(a)(17)).

_X_ (27) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

_X_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN2020) (E.O.13126).

_X_ (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

_X_ (30) (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).

__ (ii) Alternate I (FEB 1999) of 52.222-26.

_X_ (31) (i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

__ (ii) Alternate I (JUL 2014) of 52.222-35.

_X_ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

__ (ii) Alternate I (JUL 2014) of 52.222-36.

_X_ (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

_X_ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

_X_ (35) (i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O.

13627).

_X_ (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

https://www.acquisition.gov/far/52.219-30#FAR_52_219_30 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-32#FAR_52_219_32 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec644.htm https://www.acquisition.gov/far/52.219-33#FAR_52_219_33 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec637.htm https://www.acquisition.gov/far/52.222-3#FAR_52_222_3 https://www.acquisition.gov/far/52.222-19#FAR_52_222_19 https://www.acquisition.gov/far/52.222-21#FAR_52_222_21 https://www.acquisition.gov/far/52.222-26#FAR_52_222_26 https://www.acquisition.gov/far/52.222-26#FAR_52_222_26 https://www.acquisition.gov/far/52.222-35#FAR_52_222_35 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/52.222-35#FAR_52_222_35 https://www.acquisition.gov/far/52.222-36#FAR_52_222_36 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section793&num=0&edition=prelim https://www.acquisition.gov/far/52.222-36#FAR_52_222_36 https://www.acquisition.gov/far/52.222-37#FAR_52_222_37 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/52.222-40#FAR_52_222_40 https://www.acquisition.gov/far/52.222-50#FAR_52_222_50 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.222-50#FAR_52_222_50 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.222-54#FAR_52_222_54…