75R60219Q00167_070719.pdf
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SEE ADDENDUMIS CHECKED
CODE 18a. PAYMENT WILL BE MADE BY
CODE
FACILITYCODE
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
OFFEROR
OAMP
5600 Fishers Lane, Room 14W26B Management and Policy Office of Acquisition
HHS/HRSA/OO/OAMP
CODE 16. ADMINISTERED BYCODE
X
X
X
541690
SIZE STANDARD:
100.00 % FOR:SET ASIDE:UNRESTRICTED OROAMP
RFPIFB
10. THIS ACQUISITION ISCODE
RFQ
14. METHOD OF SOLICITATION
13b. RATING
NAICS:
SMALL BUSINESS
08/05/2019 1600 ES
07/03/2019
301-443-3556MARIO CHECCHIA
(No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION
75R60219Q00167
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 106 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
Rockville MD 20857
TELEPHONE NO.
17a. CONTRACTOR/
15. DELIVER TO
Rockville MD 20857 5600 Fishers Lane, Rm 14W26B Management and Policy Office of Acquisition
9. ISSUED BY
7.
2. CONTRACT NO.
EFFECTIVE DATE
$15.00
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW
ISSUE DATE
DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
11.
SEE SCHEDULE
12. DISCOUNT TERMS
THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13a.
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
8(A)
HHS/HRSA/OO/OAMP
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
THIS IS A COMBINED SYNOPSIS/SOLICITATION FOR
COMMERCIAL ITEMS. THIS ANNOUNCEMENT CONSTITUTES
THE ONLY SOLICITATION; QUOTATIONS ARE BEING
REQUESTED AND A SEPARATE SOLICITATION WILL NOT BE
ISSUED.
TITLE: Assess the Characteristics and Generate Comprehensive Knowledge about the National Practitioner Data Bank (NPDB) Users, June 26, 2019
This requirement is issued pursuant to Federal (Use Reverse and/or Attach Additional Sheets as Necessary)
HEREIN, IS ACCEPTED AS TO ITEMS:
XX
DATED . YOUR OFFER ON SOLICITATION (BLOCK 5),
INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER
ARE
ARE
31c. DATE SIGNED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)
ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL
SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
26. TOTAL AWARD AMOUNT (For Govt. Use Only)
OFFER
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
ARE NOT ATTACHED.
ARE NOT ATTACHED.
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
30b. NAME AND TITLE OF SIGNER (Type or print)
30a. SIGNATURE OF OFFEROR/CONTRACTOR
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
25. ACCOUNTING AND APPROPRIATION DATA
29. AWARD OF CONTRACT:
REF.
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER
37. CHECK NUMBER
FINALPARTIAL
36. PAYMENT
FINALPARTIAL
35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER33. SHIP NUMBER
COMPLETE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)
42b. RECEIVED AT (Location)
42a. RECEIVED BY (Print)
41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
STANDARD FORM 1449 (REV. 2/2012) BACK
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
Acquisition Regulation (FAR) Part 13.500 simplified procedures for certain commercial items &12.6 ?streamlined procedures for evaluation and solicitation for commercial items/services," as supplemented with additional information included in this notice, under NAICS
Code 541690 Market Research/Public Opinion and
PSC Code B537 (Special Studies/Analysis).
This is a Firm Fixed Price requirement.
Questions regarding this solicitation shall be submitted electronically via email to Mario
Checchia at mmchecchia@hrsa.gov no later than
2:00 PM, Eastern Standard Time (EST) on July 18, 2019. Questions will be collected during this question period and responses will be provided after this date to all the questions. Questions received after the due date and time will not be considered. NO EXCEPTIONS.
Completed Product Accessibility Template (PAT), technical and price quotes shall be received no later than 2 PM EST on August 5, 2019. Quotes or any information received after the due date and time will not be considered. NO EXCEPTIONS.
Period of Performance: 09/30/2019 to 09/29/2021
Please see the following attached documents with this form:
Attachment A Title: Assess the Characteristics
Continued ...
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
106 2 of
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
3 106
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
75R60219Q00167 and Generate Comprehensive Knowledge about the
National Practitioner Data Bank (NPDB) Users, June 26, 2019
Attachment B Sample Research Questions
Attachment C Contractor Non-Disclosure Agreement
(NDA)
Attachment D NPDB Legislative History
Attachment E Past Performance References
1. Instructions to Offerors - Commercial Items Volume I - Technical Quote must not contain price; however, resource information such as data concerning labor hours and categories, materials, subcontracts, etc., must be contained in the
Technical Quote so that your understanding of the
Statement of Work may be evaluated. It must disclose your approach in sufficient detail to provide a clear and concise presentation that includes the requirements of the proposal instructions. Volume I must include a statement indicating whether any exceptions are taken to the terms and conditions of the request for quotation (RFQ) as part of the transmittal letter. Any exceptions must include identification of the specific paragraphs and rationale for each exception. Exceptions shall also be noted in the quote at the location of the exception. Technical quote shall not exceed 60 sixty pages (excluding the table of content, resumes, and attachments). Any additional pages will be removed and not evaluated. Technical
Quotes shall be single spaced and shall be printed on 8.5 x 11 inch paper, times new roman, Font 12.
Where data/information appears in one part, it does not have to be repeated in any other part.
However, it shall be cross referenced by indicating the specific location including the volume and page number as a minimum. The clarity, relevance, and conciseness of the quote is important, not the length.
The quote must be signed by an official authorized to bind your organization. Please submit your Technical Quote, Past Performance, Section 508 Product Accessibility Template (PAT), and Price Quote via email to Mario Checchia at
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
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CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
75R60219Q00167 mmchecchia@hrsa.gov . The Technical Quote, Past
Performance, Section 508 Product Accessibility
Template (PAT) and Price Quote must be submitted separately and clearly labeled. Each of these parts shall be separate and complete in itself.
Volume Titles
Volume I Technical Quote
Volume II Section 508 Product Accessibility
Template
Volume III Past Performance
Volume IV Price Quote
1. Factor 1 Volume I Technical.
a. Statement and Understanding of Project Goals.
20 Points.
The offeror shall demonstrate a sufficient understanding of the project, the scope, and the purpose of this work. The offeror shall provide a statement of the problem, scope, and purpose of the proposed project in order to demonstrate a complete understanding of the intent, goals, and tasks. The statement shall express an understanding of:
i. The relevant legislation and regulatory requirements that govern the NPDB.
ii. The NPDB and its reporting and querying processes regarding medical malpractice payments, adverse actions, and judgement or conviction reports.
iii. The issues surrounding the accuracy and completeness of NPDB transactional administrative data.
iv. The relevant questions/issues for the NPDB entities and health care practitioners.
v. Perception of the NPDB reports for:
a. Health care practitioners
b. Health care entities
b. Technical Approach. 35 Points.
The technical approach shall inform the
Government of the methods and approach that will be used to achieve the project goals. Offeror shall provide sufficient detail to justify why a
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
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75R60219Q00167 particular method shall be used and not simply restate the tasks. The technical approach shall include the following:
i. A description, outlined in tasks, of how the offeror shall achieve the study tasks/goals.
ii. A description and rationale of the proposed method(s) and the associated application of the method(s) in assessing the characteristics and generating comprehensive knowledge of the NPDB users.
iii. An explanation of how the information will help the NPDB program, and both external users, and internal users.
iv. An explanation how NPDB survey information will be linked to the NPDB administrative data.
v. This approach will address:
a. Increasing the response rate for the survey
b. Reducing the survey response bias
Statement of Work (SOW):
Provide Details of how each of the tasks will be performed.
Provide Performance Standards that must be met by the contractor in the SOW with a detailed description about each deliverable.
c. Management Plan. 25 Points.
The Offeror shall submit a project work plan, person loading matrix, time schedule (including work to be performed and deliverables).
The Offeror shall provide a matrix which displays person-days by task and person. The matrix shall include the total days and time each person
(including full-time personnel and consultants/ subcontractor) will provide for the contract.
This information may be provided in a matrix such as the following:
Task #
Staff Person #1/Name/Title/Hours
Staff Person #2/Name/Title/Hours
Staff Person #3 Name/Title/Hours
ETC. . .
Continued ...
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75R60219Q00167
The Offeror shall identify all facilities and equipment which are available for the completion of contract requirements.
The Offeror shall describe their specific organizational capacity proposed for carrying out the project, including:
i. Designation of the persons who shall serve as project director and day to-day project manager and any personnel who shall spend significant time on the contract.
ii. The project manager and research staff who shall have the major responsibilities for project work shall be designated as key personnel.
a. Designation of the person/s who are proposed to be the NPDB policy experts
b. Designation of the person/s who are proposed to be the NPDB data experts
c. Designation of the person/s who are Survey design/research experts
iii. Involvement of any consultants or subcontractors shall be described and arrangements to manage their roles shall be specified.
iv. A Person loading matrix which displays person-days shall be provided. This matrix should also show the appropriate total and subtotals each individual that will contribute to the activities.
v. The offeror shall submit resumes for all key personnel for the project.
d. Organization Experience. 20 Points.
The Offeror shall provide previous experience with NPDB policy and data or similar policy/ data experience.
The Offeror shall provide previous similar organizational experience in the technical and operational areas related to the requirement in the SOW (e.g., survey and linking different data sets)
The Offeror shall demonstrate past experience
Continued ...
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75R60219Q00167 conducting complex public health projects using large administrative data sets.
2. Factor 2-Volume II - HRSA Section 508 Product Accessibility Template (PAT) Instructions: This section instructs the Offerors to go to the HHS website, fill out the HHS Product Assessment
Template (PAT), and submit as Volume III of their proposal submission. 352.239-73 Electronic
Information and Technology Accessibility Notice
(December 18, 2015) (a) Section 508 of the
Rehabilitation Act of 1973 (29 U.S.C. 794d), as amended by the Workforce Investment Act of 1998 and the Architectural and Transportation Barriers
Compliance Board Electronic and Information (EIT)
Accessibility Standards (36 CFR part 1194), require that when Federal agencies develop, procure, maintain, or use electronic and information technology, Federal employees with disabilities have access to and use of information and data that is comparable to the access and use by Federal employees who are not individuals with disabilities, unless an undue burden would be imposed on the agency. Section
508 also requires that individuals with disabilities, who are members of the public seeking information or services from a Federal agency, have access to and use of information and data that is comparable to that provided to the public who are not individuals with disabilities, unless an undue burden would be imposed on the agency. (b) Accordingly, any Offeror responding to this solicitation must comply with established
HHS EIT accessibility standards. Information about Section 508 is available at http://www.hhs.gov/web/508. The complete text of the Section 508 Final Provisions can be accessed at http://www.access-board.gov/guidelines-and-standar ds/communications-and-it/about-the-section-508-sta ndards. (c) The Section 508 accessibility standards applicable to this solicitation are stated in the clause at 352.239-74, Electronic and Information Technology Accessibility. In order to facilitate the Government's determination whether proposed EIT supplies meet
Continued ...
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75R60219Q00167 applicable Section 508 accessibility standards, Offerors must submit an HHS Section 508 Product
Assessment Template, in accordance with its completion instructions. The purpose of the template is to assist HHS acquisition and program officials in determining whether proposed EIT supplies conform to applicable Section 508 accessibility standards. The template allows
Offerors or developers to self-evaluate their supplies and document in detail whether they conform to a specific Section 508 accessibility standard, and any underway remediation efforts addressing conformance issues. Instructions for preparing the HHS Section 508 Evaluation Template are available under Section 508 policy on the HHS website http://www.hhs.gov/web/508. In order to facilitate the Government's determination whether proposed EIT services meet applicable Section 508 accessibility standards, Offerors must provide enough information to assist the Government in determining that the EIT services conform to
Section 508 accessibility standards, including any underway remediation efforts addressing conformance issues. (d) Respondents to this solicitation must identify any exception to
Section 508 requirements. If an Offeror claims its supplies or services meet applicable Section
508 accessibility standards, and it is later determined by the Government, i.e., after award of a contract or order, that supplies or services delivered do not conform to the described accessibility standards, remediation of the supplies or services to the level of conformance specified in the contract will be the responsibility of the Contractor at its expense.
3. Factor 3-Volume III Past Performance.
HRSA is seeking to determine whether the offeror has the level of past performance that will enhance its technical capability to perform the services of this requirement and whether the offeror consistently delivers quality services in a timely and effective manner. In evaluating past performance, HRSA will only take into consideration the relevant work and past performance assessments from the Offerors
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
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(A) (B) (C) (D) (E) (F)
75R60219Q00167 customers. However, HRSA reserves the right to use other relevant past performance information it obtains through other sources including other agency databases and information contained in trade literature.
Offerors shall use the Attachment E questionnaire form to provide three (3) references of similar efforts performed during the last three (3) years. This shall include a description of the project, project title, contract number, contract amount, client identification including agency or company name, contracting and COR names(s), address, email, and telephone number. Do not submit more than three (3) references.
4. Factor IV- Volume IV - Price Quote - Offerors shall propose labor categories to adequately fulfill the requirements set forth in the SOW, any unit prices used, any discounts proposed and any other relevant pricing information. The
Offeror shall also furnish a price breakdown to accomplish the SOW. This includes a breakdown of the labor categories, proposed hours, rates and discounts, fringe benefits, labor overhead, consultant fees, travel and other direct costs, G&A expense, fee, etc. Please include a cost for each Task listed in the SOW. The Offeror shall submit a payment schedule for HRSA consideration and where up to one invoice per month may be submitted.
2. 52.212-2 Evaluation - Commercial Items (Oct
2014)
(a) The Government will award a contract resulting from this solicitation to the responsible Offeror whose offer conforming to the solicitation will be most advantageous to the
Government, price and other factors considered.
The following factors shall be used to evaluate offers:
1. Factor 1 - Technical.
a. Statement and Understanding of Project Goals.
20 Points.
The offeror will be evaluated based on how well the demonstrated an understanding of the project, scope and purpose of work. The offeror will be
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
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(A) (B) (C) (D) (E) (F)
75R60219Q00167 evaluated on how well they understand the problem, scope and purpose of the project, the intent, goals, and tasks. The evaluation of the offerors statement and understanding of the project goals which will include the items listed under the Technical Instructions, 1. Factor 1
Technical, a. Statement and Understanding of
Project Goals will be evaluated.
b. Technical Approach. 35 Points.
The technical approach will be evaluated based on the methods approach that will be used to achieve the project goals. The offerors justification of the use of a particular method will be evaluated and how well the items listed under Technical
Instructions, 1. Factor 1 Technical, b.
Technical Approach.
c. Management Plan. 25 Points.
The offeror?s project work plan, person loading matrix, time schedule (including work to be performed and deliverables) will be evaluated.
The offeror?s proposed organizational capacity for carrying out the work of the project as it relates to the items listed Technical
Instructions, 1. Factor 1 Technical, c.
Management Plan will be evaluated.
d. Organization Experience. 20 Points.
The offeror?s previous experience with NPDB policy and data (or similar to NPDB), will be evaluated such as, similar organizational experience in the technical and operational areas related to the requirements of this SOW and their past experience conducting complex public health projects using large administrative data sets.
Factor 2. Section 508 Product Accessibility
Template (PAT) Evaluation- Evaluation Criteria and Weight PAT - Green/Yellow/Red
The evaluation of the PAT is independent from the other factors and will be based on the demonstrated capabilities of the prospective
Offeror to meet the requirements of all the applicable Section 508 Provisions as listed in the attached HHSAR clause: 352.239-74 Electronic and Information Technology Accessibility.
Alternatively, Offerors may propose goods or services that provide equivalent facilitation.
Such offers will be considered to have met the
Continued ...
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75R60219Q00167 provisions of the Access Board's standards for the feature or component providing equivalent facilitation. If none of the Offerors propose goods or services that fully meet all of the applicable Access Board's provisions, those
Offerors whose products or services meet some of the applicable provisions will be considered eligible for award. The Section 508 Product
Accessibility Template (PAT) will be evaluated as described below: EIT Products fully meet intent of all applicable Section 508 Provisions. Risk of failure to meet all Section 508 Requirements is very low - Green EIT Products can be made capable of meeting the intent of all applicable Section
508 Provisions by using alternative methods for some or all of the products. Risk of failure to meet all Section 508 Requirement is low - Yellow
EIT Products fail to meet the intent of any of the applicable Section 508 or the PAT is materially incomplete. Risk of failure to meet all Section 508 Requirements is high - Red
(b) Options. This section is Not Applicable.
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party.
Before the offer's specified expiration time, the
Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
The quote will be evaluated using the following criteria and weights as they relate to the content of the corresponding paragraphs of the
Technical Quote Instructions.
Factor 3. Past Performance: Exceptional/Very
Good/Satisfactory/Marginal/Unsatisfactory Please send in three references for past performance.
Records for the past three years will be accepted. The Government reserves the right to obtain information for use in the evaluation of past performance from any and all sources, including sources outside of the Government.
Note: In the case of a vendor without a record of past performance, or for whom information on past performance is not available so that no past
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75R60219Q00167 performance rating can be assigned, the vendor may not be evaluated favorably or unfavorably on past performance (see FAR 15.305(a)(2)(iv)).
Therefore, the vendor shall be determined to have unknown past performance.
Factor 4 Price- The total price will be evaluated.
Selection of Offeror. The Government will utilize a trade-off evaluation methodology.
Four factors will be evaluated. Factor 1
Technical will be evaluated using points. Factor
2 Section 508 Product Accessibility Template will be evaluated using colors. Factor 3 Past
Performance will be evaluated using Acceptable, Unacceptable or Neutral. Factor 4 Price will be evaluated on the total price, base and all options-(not applicable), being determined to be fair and reasonable.
Award Criteria - Technical is more important than
Past Performance which is more important than
Section 508 Product Accessibility Template. When
Technical, Past Performance and Section 508
Product Accessibility Template are combined they are significantly more important than price. In any event, the Government reserves the right to make an award to the best value to the Government.
The Government reserves the right to make a single award, multiple awards, or no award as a result of this RFQ. In addition, the RFQ may be amended if determined to be in the best interest of the Government. The Government reserves the right to make award without discussions.
(Continued) The FAR and HHSAR clauses that apply are below:
Period of Performance: 09/26/2019 to 09/25/2021
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
3. 52.212-3 Offeror Representations and Certifications - Commercial Items (Nov 2017) The Offeror shall complete only paragraph (b) of this provision. (b)(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAM website. (2) The Offeror has completed the annual representations and certifications electronically via the SAM website accessed through http://www.acquisition.gov. After reviewing the SAM database information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications - Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs
FAR 52.212-4 (Contract Terms and Conditions-Commercial Items) (Jan 2017), applies to this acquisition.
FAR 52.202-1 Definitions (Nov 2013).
FAR 52.203-3 Gratuities (Apr 1984).
FAR 52.203-12 Limitation of Payments to Influence Certain Federal Transactions (Oct 2010).
FAR 52.204-4 Printed or Copied Double Sided on Recycled Paper (May 2011).
FAR 52.204-7 System for Award Management (Oct 2016).
FAR 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013).
FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013).
FAR 52.247-34 F.O.B. Destination (Nov 1991).
FAR 52.252-2 Clauses Incorporated By Reference (Feb 1998).
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 fourteen (14) days.
FAR 52.212-5 (Contract Terms and Conditions Required to Implement Statues or Executive Order- Commercial Items (Jul 2018), applies to this acquisition.
(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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(3) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(4) 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:
_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), 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 (Oct 2015) (41 U.S.C. 3509)).
_X_ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 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 (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).
__ (5) [Reserved].
_X_ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
__ (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. (Oct 2015) (31 U.S.C. 6101 note).
_X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).
__ (10) [Reserved].
__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).
__ (ii) Alternate I (Nov 2011) of 52.219-3.
__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
__ (ii) Alternate I (Jan 2011) of 52.219-4.
__ (13) [Reserved]
_X_ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).
__ (ii) Alternate I (Nov 2011).
__ (iii) Alternate II (Nov 2011).
__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
__ (ii) Alternate I (Oct 1995) of 52.219-7.
__ (iii) Alternate II (Mar 2004) of 52.219-7.
_X_ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).
__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (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 (Jan 2017) of 52.219-9.
__ (v) Alternate IV (Jan 2017) of 52.219-9.
__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).
_X_ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (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 (Nov 2011) (15 U.S.C. 657 f).
__ (22) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C. 632(a)(2)).
__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).
__ (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 (Dec 2015) (15 U.S.C. 637(m)).
_X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
__ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).
_X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
_X_ (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).
_X_ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).
_X_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
_X_ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
_X_ (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (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).
__ (34) 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.).
__ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.).
__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.).
__ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).
__ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).
__ (38)(i) 52.223-13, Acquisition of EPEAT--Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Oct 2015) of 52.223-13.
__ (39)(i) 52.223-14, Acquisition of EPEAT--Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun 2014) of 52.223-14.
__ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).
__ (41)(i) 52.223-16, Acquisition of EPEAT--Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun 2014) of 52.223-16.
_X_ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).
__ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
__ (44) 52.223-21, Foams (Jun 2016) (E.O. 13693).
__ (45)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
__ (ii) Alternate I (JAN 2017) of 52.224-3.
__ (46) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).
__ (47)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C.
chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.
103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
__ (ii) Alternate I (May 2014) of 52.225-3.
__ (iii) Alternate II (May 2014) of 52.225-3.
__ (iv) Alternate III (May 2014) of 52.225-3.
__ (48) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
__ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
__ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
__ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
__ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
__ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
__ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C.
2307(f)).
_X_ (55) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) (31 U.S.C. 3332).
__ (56) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).
__ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
_X_ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
_X_ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017)(15 U.S.C. 637(d)(12)).
__ (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.
Appx. 1241(b) and 10 U.S.C. 2631).
__ (ii) Alternate I (Apr 2003) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, 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:
_X_ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).
__ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).
__ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Requirements (May 2014) (41 U.S.C. chapter 67).
__ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).
__ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
__ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
__ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C.
1792).
__ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractors directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause.
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
(ii) 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)).
(iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(iv) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.
(v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(vi) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).
(vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.
13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xi) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).
(xii) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627).
Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).
(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
(xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).
(xv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).
(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
(xvii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).
(xviii)(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xix) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xx) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).
Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.
Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
HHSAR Clauses
HHSAR 352.203-70 Anti-lobbying (Dec 2015).
HHSAR 352.227-14 Rights in Data-Exceptional Circumstances (Sep 2014).
HHSAR 352.224-70 Privacy Act (Dec 2015).
HHSAR 352.224.71 Confidential Information (Dec 2015).
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 in 45 CFR part 5b 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.
HHSAR 352.239-73 Electronic Information and Technology Accessibility Notice (Dec 2015).
(a) Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), as amended by the Workforce Investment Act of 1998 and the Architectural and Transportation Barriers Compliance Board Electronic and Information (EIT) Accessibility Standards (36 CFR part 1194), require that when Federal agencies develop, procure, maintain, or use electronic and information technology, Federal employees with disabilities have access to and use of information and data that is comparable to the access and use by Federal employees who are not individuals with disabilities, unless an undue burden would be imposed on the agency. Section 508 also requires that individuals with disabilities, who are members of the public seeking information or services from a Federal agency, have access to and use of information and data that is comparable to that provided to the public who are not individuals with disabilities, unless an undue burden would be imposed on the agency.
(b) Accordingly, any offeror responding to this solicitation must comply with established HHS EIT accessibility standards. Information about Section 508 is available at http://www.hhs.gov/web/508. The complete text of the Section 508 Final Provisions can be accessed at http://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-section-508-standards.
(c) The Section 508 accessibility standards applicable to this solicitation are stated in the clause at 352.239-74, Electronic and Information Technology Accessibility.
In order to facilitate the Government’s determination whether proposed EIT supplies meet applicable Section 508 accessibility standards, offerors must submit an HHS Section 508 Product Assessment Template, in accordance with its completion instructions. The purpose of the template is to assist HHS acquisition and program officials in determining whether proposed EIT supplies conform to applicable Section 508 accessibility standards. The template allows offerors or developers to self-evaluate their supplies and document—in detail—whether they conform to a specific Section 508 accessibility standard, and any underway remediation efforts addressing conformance issues. Instructions for preparing the HHS Section 508 Evaluation Template are available under Section 508 policy on the HHS website http://www.hhs.gov/web/508.
In order to facilitate the Government’s determination whether proposed EIT services meet applicable Section 508 accessibility standards, offerors must provide enough information to assist the Government in determining that the EIT services conform to Section 508 accessibility standards, including any underway remediation efforts addressing conformance issues.
(d) Respondents to this solicitation must identify any exception to Section 508 requirements. If a offeror claims its supplies or services meet applicable Section 508 accessibility standards, and it is later determined by the Government, i.e., after award of a contract or order, that supplies or services delivered do not conform to the described accessibility standards, remediation of the supplies or services to the level of conformance specified in the contract will be the responsibility of the Contractor at its expense.
HHSAR 352.239-74 Electronic and Information Technology Accessibility (Dec 2017).
(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) supplies and services developed, acquired, or maintained under this contract or order must comply with the “Architectural https://www.hhs.gov/web/508 http://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-section-508-standards http://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-section-508-standards https://www.hhs.gov/grants/contracts/contract-policies-regulations/hhsar/part-352-solicitation-provisions-contract-clauses/index.html#352.239-74 https://www.hhs.gov/web/508 and Transportation Barriers Compliance Board Electronic and Information Technology (EIT) Accessibility Standards” 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 http://www.hhs.gov/web/508. The complete text of Section 508 Final Provisions can be accessed at http://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-section-508-standards.
(b) The Section 508 accessibility standards applicable to this contract or order are identified in the Statement of Work or Specification or Performance Work Statement. The contractor must provide any necessary updates to the submitted HHS Product Assessment Template(s) at the end of each contract or order exceeding the simplified acquisition threshold (see FAR 2.101) when the contract or order duration is one year or less.
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