Draft Solicitation Document 75ACF124R00007 20240307.pdf

Section B‐ Supplies or Services and Prices/Costs

See Standard Form 33.

CLIN DESCRIPTION UNIT OF

MEASURE

COST FIXED FEE TOTAL CPFF

1 Program Management Support LOT $ $ $

2 Direct Care Services LOT $ $ $

3 Facility Management and Maintenance LOT $ $ $

4 Travel (No Fee) LOT $ $0.00 $

5 Materials (No Fee) LOT $ $0.00 $

6 Case Management Services (Optional) (PWS x)

LOT $ $ $

7 Total Site Bed Capacity 800‐975 (Optional) (PWS x)

LOT $ $ $

8 Care for Tender Age (Optional) (PWS x) LOT $ $ $

9 Post‐Release Transportation (Optional) (PWS x)

LOT $ $ $

10 Emergency Response – Medical and Fire (Optional) (PWS x)

LOT $ $ $

11 Transition In Services JOB $ $ $

12 Transition Out Services (optional)* JOB $ $ $

TOTAL BASE PERIOD [INCLUSIVE OF TRANSITION OUT SERVICES] $ $ $

OPTION PERIOD ONE

1001 Program Management Support LOT $ $ $

1002 Direct Care Services LOT $ $ $

1003 Facility Management and Maintenance LOT $ $ $

1004 Travel (No Fee) LOT $ $0.00 $

1005 Materials (No Fee) LOT $ $0.00 $

1006 Case Management Services (Optional) (PWS x)

LOT $ $ $

1007 Total Site Bed Capacity 800‐975 (Optional) (PWS x)

LOT $ $ $

1008 Care for Tender Age (Optional) (PWS x) LOT $ $ $

1009 Post‐Release Transportation (Optional) (PWS x)

LOT $ $ $

1010 Emergency Response – Medical and Fire (Optional) (PWS x)

LOT $ $ $

TOTAL OPTION PERIOD ONE $ $ $

OPTION PERIOD TWO

2001 Program Management Support LOT $ $ $

2002 Direct Care Services LOT $ $ $

2003 Facility Management and Maintenance LOT $ $ $

2004 Travel (No Fee) LOT $ $0.00 $

2005 Materials (No Fee) LOT $ $0.00 $

2006 Case Management Services (Optional) (PWS x)

LOT $ $ $

2007 Total Site Bed Capacity 800‐975 (Optional) (PWS x)

LOT $ $ $

2008 Care for Tender Age (Optional) (PWS x) LOT $ $ $

2009 Post‐Release Transportation (Optional) (PWS x)

LOT $ $ $

2010 Emergency Response – Medical and Fire (Optional) (PWS x)

LOT $ $ $

TOTAL OPTION PERIOD TWO $ $ $

OPTION PERIOD THREE

3001 Program Management Support LOT $ $ $

3002 Direct Care Services LOT $ $ $

3003 Facility Management and Maintenance LOT $ $ $

3004 Travel (No Fee) LOT $ $0.00 $

3005 Materials (No Fee) LOT $ $0.00 $

3006 Case Management Services (Optional) (PWS x)

LOT $ $ $

3007 Total Site Bed Capacity 800‐975 (Optional) (PWS x)

LOT $ $ $

3008 Care for Tender Age (Optional) (PWS x) LOT $ $ $

3009 Post‐Release Transportation (Optional) (PWS x)

LOT $ $ $

3010 Emergency Response – Medical and Fire (Optional) (PWS x)

LOT $ $ $

TOTAL OPTION PERIOD THREE $ $ $

OPTION PERIOD FOUR

4001 Program Management Support LOT $ $ $

4002 Direct Care Services LOT $ $ $

4003 Facility Management and Maintenance LOT $ $ $

4004 Travel (No Fee) LOT $ $0.00 $

4005 Materials (No Fee) LOT $ $0.00 $

4006 Case Management Services (Optional) (PWS x)

LOT $ $ $

4007 Total Site Bed Capacity 800‐975 (Optional) (PWS x)

LOT $ $ $

4008 Care for Tender Age (Optional) (PWS x) LOT $ $ $

4009 Post‐Release Transportation (Optional) (PWS x)

LOT $ $ $

4010 Emergency Response – Medical and Fire (Optional) (PWS x)

LOT $ $ $

TOTAL OPTION PERIOD FOUR $ $ $

EXTENSION OF SERVICES IN ACCORDANCE WITH FAR 52.217‐8

5001 Program Management Support LOT $ $ $

5002 Direct Care Services LOT $ $ $

5003 Facility Management and Maintenance LOT $ $ $

5004 Travel (No Fee) LOT $ $0.00 $

5005 Materials (No Fee) LOT $ $0.00 $

5006 Case Management Services (Optional) (PWS x)

LOT $ $ $

5007 Total Site Bed Capacity 800‐975 (Optional) (PWS x)

LOT $ $ $

5008 Care for Tender Age (Optional) (PWS x) LOT $ $ $

5009 Post‐Release Transportation (Optional) (PWS x)

LOT $ $ $

5010 Emergency Response – Medical and Fire (Optional) (PWS x)

LOT $ $ $

Total Extension of Services $ $ $

Total Contract 75ACF124R00007 $ $ $

*Transition Out Services may be exercised at any point throughout the life of the contract. Once exercised, the period of performance shall be for sixty (60) days.

Section C‐ Performance Work Statement

See Section J, Attachment 1, Performance Work Statement.

Section D‐ RESERVED

THIS SECTION IS INTENTIONALLY LEFT BLANK

Section E‐ Inspection and Acceptance

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): www.acquisition.gov and https://www.hhs.gov/grants‐contracts/contracts/contract‐policies‐regulations/hhsar/index.html

(End of clause)

Number Title Date IBR (Y/N)

HHSAR

None

FAR

52.246‐2 Inspection of Supplies‐Fixed‐Price MAY 2021 Yes

52.246‐3 Inspection of Supplies—Cost‐Reimbursement MAY 2001 Yes

52.246‐4 Inspection of Services‐Fixed‐Price AUG 1996 Yes

52.246‐5 Inspection of Services—Cost‐Reimbursement APR 1984 Yes

Section F‐ Deliveries or Performance

None

FAR

52.242‐15 Stop‐Work Order AUG 1989 Yes

52.242‐15 Stop‐Work Order‐‐Alternate I APR 1984 Yes

Section G‐ Contract Administration Data

Contract Management: Notwithstanding the Contractor’s responsibility for total management during the performance of this contract, administration of the contract requires maximum coordination between the Government and the Contractor. The following individuals will be the Government points of contact during the performance of this contract.

G.1 Contract Administration

Contracting Officer (CO) Name: Emily Graham Email: emily.graham@acf.hhs.gov

Contract Specialist (CS) Name: Mary Earnhart Email: mary.earnhart@acf.hhs.gov

Contracting Officer’s Representative (COR) Name: John Wininger Email: john.wininger@acf.hhs.gov

Alternate COR Name: Jung Kim Email: jung.kim@acf.hhs.gov

Contractor Point of Contact Name: TBD Email:

Phone:

G. 2 Contracting Officer (CO) All contract administration will be conducted by the CO. Communications pertaining to the contract administration will be addressed directly to the CO. No changes to the PWS are authorized without a written modification to the contract executed by the CO. If at any time the Contractor believes any person other than the CO has given direction that changes the PWS the Contractor shall immediately in form the CO by the most expeditious means.

G.3 Contracting Officer’s Representative (COR) The Contracting Officer’s Representatives will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration. It is the Government’s intention that the COR is the Contractor’s primary point of contact. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract;

perform inspections necessary in connection with contract performance; maintain written and oral communications with the Contractor concerning technical aspects of the contract; issue written interpretations of technical requirements, including Government drawings, designs, specifications:

monitor Contractor’s performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of Government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms or conditions of the contract.

G. 4 Identification of Contractor Employees:

In accordance with FAR 11.106(b), Contractor personnel shall never identify themselves as representing the HHS, but rather shall identify them as being under contract to HHS. To that end, Contractor personnel shall 1) identify themselves as Contractor personnel at meetings by introducing themselves or being introduced as Contractor personnel; 2) display distinguishing badges or other visible identification for meetings with Government personnel; and 3) identify themselves as Contractor employees in telephone conversations and in formal and informal (e.g., Email, email signatures) written correspondence. They must also ensure that all documents or reports produced by Contractors are suitably marked as Contractor products or that Contractor participation is appropriately disclosed.

G.5 Invoice Submission:

Electronic Invoicing and Payment Requirements ‐ Invoice Processing Platform (IPP) All Invoice submissions for goods and or services delivered to facilitate payments must be made electronically through the U.S. Department of Treasury’s Invoice Processing Platform System (IPP).

Invoice Submission for Payment means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212‐4 Contract Terms and Conditions – Commercial Items included in commercial items contracts.

The IPP website address is: https://www.ipp.gov.

The Agency will enroll the Contractors new to IPP. The Contractor must follow the IPP registration email instructions for enrollment to register the Collector Account for submitting invoice requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive Registration email from the Federal Reserve Bank of St. Louis (FRBSTL) within 3 – 5 business days of the contract award for new contracts or date of modification for existing contracts.

Registration emails are sent via email from ipp.noreply@mail.eroc.twai.gov. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email to IPPCustomerSupport@fiscal.treasury.gov or phone (866) 973‐3131.

The Contractor POC will receive two emails from IPP Customer Support, the first email contains the initial administrative IPP User ID. The second email, sent within 24 hours of receipt of the first email, contains a temporary password. You must log in with the temporary password within 30 days.

If your company is already registered to use IPP, you will not be required to re‐register.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment as authorized by HHSAR 332.7002, a written request must be submitted to the Contracting Officer to explain the circumstances that require the authorization of alternate payment procedures.

Additional Office of Government Contracting Services (OGCS) requirements:

(i) The contractor shall submit invoices under this contract once per month.

(ii) Invoices must break‐out price/cost by contract line‐item number (CLIN) as specified in the pricing section of the contract.

Invoices must include the SAM Unique Entity ID (UEI) of the Contractor

G.6 Contract/Order Closeout—Fixed‐Price

Timely contract closeout is a priority under this contract/order. The Contractor shall submit a final invoice within ninety (90) calendar days after the expiration of this contract/order, unless the Contractor requests and is granted an extension by the Contracting Officer, in writing. In addition, and concurrent with the submission of the final invoice, the Contractor shall notify the Contracting Officer of the amount of excess funds that can be deobligated from this contract/order so the closeout process can begin as soon as possible upon expiration of this contract/order. A bilateral contract/order closeout modification will be forwarded to the Contractor by the Contracting Officer and must be signed by the Contractor and returned to the Contracting Officer within thirty (30) calendar days of issuance of the modification. A Contractor’s failure to respond and/or sign the bilateral closeout modification within thirty (30) calendar days of receipt will constitute approval of the terms of the modification and the modification will subsequently be processed unilaterally by the Contracting Officer to deobligate excess funds and close this contract/order.

If this contract/order contains option periods, the Contractor is required to submit an invoice within ninety (90) calendar days after expiration of the base period of performance and the expiration of each exercised option period of performance to allow for deobligation of excess funds that were obligated in those respective periods of performance.

Section H‐ Special Contract Requirements

H.1 CONTRACTOR PERFORMANCE EVALUATIONS

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.2 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 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.3 POST AWARD ORGANIZATIONAL CONFLICT OF INTEREST

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

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

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

H.4 KEY PERSONNEL

The resumes of the following key personnel shall be submitted and marked by the vendor as “Key Personnel.” Key personnel shall be identified by name and title/job classification for the role identified in the list below. The Contractor shall identify these key personnel in the technical proposal as indicated in the instructions to offerors. For these positions designated as key personnel, the Contractor shall adhere to HHSAR clause 352.237‐75 – Key Personnel. The Contractor shall obtain COR concurrence on the key personnel replacement prior to submitting to the CO for official approval. The CO is the final approving official on any changes to key personnel.

Program Director

Assistant Program Director

Chief Medical Officer

Lead Clinician

Lead Case Manager

Facilities Project Manager IT Systems Administrator

At least 20 calendar days prior to the Contractor voluntarily diverting any of the specified individuals to other programs or contracts, the Contractor shall notify the CO and shall submit a justification for the diversion or replacement and a request to replace the individual. The request must identify the proposed replacement and provide an explanation of how the replacement's skills, experience, and credentials meet or exceed the requirements of the contract. The Contractor shall backfill the key position within 15 calendar days from the key position becoming vacant. The Contractor shall not divert, replace, nor remove key personnel from their role within the first 90 calendar days from contract award. If the employee of the Contractor is terminated for cause or separates from the Contractor voluntarily with less than 30 calendar days’ notice or within the first 60 calendar days, the Contractor shall provide the maximum notice practicable under the circumstances. The Contractor shall not divert, replace, or announce any such change to key personnel without the written consent of the CO. The contract will be modified to add or delete key personnel as necessary to reflect the agreement of the parties.

The Contractor shall provide personnel with the management, technical, and subject matter expertise required to accomplish the activities and prepare the deliverables identified in this TO.

The Contractor Support personnel’s completed security packages and all onboarding documentation need to be submitted no later than three days (3) prior to beginning work and charging to the contract.

H.4.1 KEY PERSONNEL SUBSTITUTE

The Contractor shall not remove or replace any management, personnel, consultants, or subcontractors listed or described in the Contractor’s Staffing Plan without notifying and obtaining the written concurrence of the Contracting Officer (CO). The Contractor’s notification shall be NLT 10 calendar days in advance of any proposed substitution and shall include justification, including resume(s) and labor category of proposed substitution(s), in sufficient detail to permit evaluation of the impact on contract If your company is already registered to use IPP, you will not be required to re‐ register.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment as authorized by HHSAR 332.7002, a written request must be submitted to the CO to explain the circumstances that require the authorization of alternate payment procedures.

Additional Office of Government Contracting Services (OGCS) requirements:

(i) The contractor shall submit invoices under this contract once per month.

(ii) Invoices must break‐out price/cost by contract line‐item number (CLIN) as specified in the pricing section of the contract.

Invoices must include the SAM Unique Entity ID (UEI) of the Contractor performance.

Substitute qualifications shall be equal to, or greater than, the qualifications of the personnel being substituted. If the CO determines that the proposed substitute is unacceptable, or that the reduction of effort would be so substantial as to impair the successful performance of the work, then the substitute will be denied, and the Contractor will provide another candidate.

All requests for approval of changes hereunder must be in writing, via email, and provide a detailed explanation of the circumstances necessitating the proposed change. Request for changes should be made when the need is identified. In addition to the resume, the request must also include:

• A comparison of skills and qualification of the proposed personnel substitution with those of the incumbent

• Number of hours the Contractor will provide at his/her own expense to train the proposed replacement

• Any other information requested by the COR to reach a decision.

H.5 PRIVACY ACT, HHSAR 352.224‐70

The Privacy Act of 1974, as amended at 5 United States Code (U.S.C.) 552a, protects records that can be retrieved by personal identifiers such as a name, social security number, or other identifying number or symbol. These records are held in Privacy Act Systems of Records (SOR). The Privacy Act prohibits disclosure of PII or records without an individual's written consent unless one of the 12 disclosure exceptions enumerated in the Act applies. ORR treats information maintained in ORR systems of records on non‐U.S. persons, including case files containing information about unaccompanied children and sponsors, as being subject to the administrative provisions of the Privacy Act (see Unaccompanied Children Policy Guide Section 5.9 Protecting the Privacy and Confidentiality of Unaccompanied Children Information).

A notice of any such system of records is published in the Federal Register. The notices identify the legal authority for collecting and storing the records, individuals about whom records will be collected, what kinds of information will be collected, and the routine uses for the records. In accordance with the Health & Human Services Acquisition Regulation (HHSAR) Supplement.

352.224‐70 Privacy Act, in addition to FAR clauses 52.224‐1 Privacy Act Notification and 52.224‐2 Privacy Act, when the Contractor is required to perform one or more of the following:

• Creates, receives, maintains, or transmits “protected health information (PHI);” or,

• Designs, develops, or operates a Federal agency “system of records,” to accomplish an agency function in accordance with the Privacy Act of 1974 (5 USC 552a (m) (1)), the Contractor shall operate in conformance with the Privacy Act of 1974 (the Act), Public Law 93‐579. The Contractor and its employees are liable to individuals injured as consequences of any subsequent failure to maintain records in conformance with the Act. In addition to the Privacy Act, the Contractor shall ensure that its employees know and follow the prescribed rules of conduct in 45 Code of Federal Regulations (C.F.R.) Part 5b. Each Contractor employee and subcontractor shall be made aware that he/she is subject to criminal penalties for violations of the Privacy Act.

See also:

• HHSAR 352.224‐71 Confidential Information.

• HHSAR 324.70 Health Insurance Portability and Accountability Act of 1996 and, Requirements identified elsewhere herein, if applicable, for Data Use Agreements (DUA).

(End of clause).

H.6 OMB CLEARANCE

In accordance with HHSAR 352.211‐3, Paperwork Reduction Act, the Contractor shall not proceed with surveys or interviews until such time as Office of Management and Budget (OMB) Clearance for conducting interviews has been obtained by the Contracting Officer Representative (COR) and the Contracting Officer has issued written approval to proceed.

H.7. RESTRICTION ON PORNOGRAPHY ON COMPUTER NETWORKS

The Contractor shall not use contract funds to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography.

H.8 GUN CONTROL

The Contractor shall not use contract funds in whole or in part, to advocate or promote gun control.

H.9 SUBCONTRACTING PROVISIONS

H.9.1 Small Business Subcontracting Plan

A. In accordance with FAR 19.704 and FAR Clause 52.219‐9, the submission of a subcontracting plan by other than small business offeror(s) is a requirement as a part of the proposal submission process and is to be submitted separately from the technical and cost proposals. An offeror's subcontracting plan must be determined to be acceptable, by the Contracting Officer, prior to the contract award.

B. The failure of any Contractor or subcontractor to comply in good faith with FAR Clause

52.219‐8, entitled "Utilization of Small Business Concerns" incorporated in this contract and the attached Subcontracting Plan, will be a material breach of such contract or subcontract and subject to the remedies reserved to the Government under FAR Clause 52.219‐16 entitled, "Liquidated Damages‐ Subcontracting Plan."

H.9.2 Subcontracting Reports

A. An offeror is to submit their respective subcontracting plan electronically using the U.S.

Department of Health and Human Services (HHS) Small Business Customer Experience (SBCX) system at https://osdbu.hhs.gov. The offeror shall follow the instructions outlined in the SBCX Industry Guide at: https://oamp.od.nih.gov/nih‐document‐ generation‐system/dgs‐workform‐information/attachment‐files‐section‐j to successfully submit their subcontracting plan by the proposal submission deadline.

B. The official point of receipt for determining timely submission of an offeror's subcontracting plan is the SBCX system and/or email notification. Once the subcontracting plan is successfully submitted in the SBCX system the offeror should receive an email notification and confirmation message of completion upon submission.

C. If an offeror's subcontracting plan is not confirmed as received within the SBCX system by the proposal submission date specified in the solicitation, it will be considered late in accordance with subparagraph (c)(3) of FAR Clause 52.215‐1, Instructions to Offeror‐ Competition Acquisition. Disposition of late submittals of a subcontracting plan by an offeror via the SBCX system is at the discretion of the Contracting Officer.

D. Any technical questions regarding the use of the SBCX system may be submitted via email message to the SBCX help desk at client.support@apexlogic.com. The client support hours of operation are Monday ‐ Friday, 6:00 a.m. ‐ 8:00 p.m. Eastern Standard Time (EST). Note: help desk tickets can be submitted 24 hours a day / 7 days a week and a representative will respond within the presented client support hours of operation for assistance.

E. Individual Subcontract Reports (ISR) The Contractor must submit the following

Subcontracting reports electronically via the Subcontracting Reporting System (eSRS) at https://www.esrs.gov/.

Regardless of the effective date of this contract, the Report shall be due on the following dates for the entire life of this contract:

April 30th October 30th Expiration Date of Contract

F. Summary Subcontract Report (SSR) Regardless of the effective date of this contract, the Summary Subcontract Report must be submitted annually on the following date for the entire life of this contract:

October 30th

For both the Individual and Summary Subcontract Reports, the Contracting Officer must be included as a contact for notification purposes at the following e‐ mail address:

TBD

Contracting Officer

H.10 REPORTING MATTERS INVOLVING FRAUD, WASTE AND ABUSE

Anyone who becomes aware of the existence or apparent existence of fraud, waste and abuse in NIH funded programs is encouraged to report such matters to the HHS Inspector General's Office in writing or on the Inspector General's Hotline. The toll‐free number is 1‐800‐HHS‐TIPS (1‐800‐447‐8477). All telephone calls will be handled confidentially. The website to file a complaint on‐line is:

https://oig.hhs.gov/fraud/report‐fraud/ and the mailing address is:

US Department of Health and Human Services Office of Inspector General

ATTN: OIG HOTLINE OPERATIONS

P.O. Box 23489 Washington, D.C. 20026

H.11 NON‐PERSONAL SERVICES

The contractor’s services to be provided under this contract by the contractor are non‐personal services pursuant to FAR Part 37.101. Under this contract, no employer‐employee relationship exists or will exist between the Government and the contractor and/or between the Government and the contractor’s employees. Contractor personnel under this contract shall not:

• Be placed in a position where they are appointed or employed by a Federal Officer, or are under the supervision, direction, or evaluation of a Federal Officer or employee, military or civilian.

• Be placed in a staff or policy‐making position.

• Be placed in a position of command, supervision, administration or control over DoD military personnel or civilian employees, or personnel of other contractors, or become a part of the Government organization.

The services to be performed under this contract do not require the contractor or its employees to exercise personal judgment and discretion on behalf of the Government, but rather the contractor’s employees will exercise personal judgment and discretion on behalf of the contractor. Rules, regulations, directions, and requirements that are issued by command authorities under their responsibility for good order, administration, and security are applicable to all personnel, including the contractor’s employees. This is not to be construed or interpreted to establish any degree of Government control which is inconsistent with a non‐ personal services contract. No contractor employee will be directly supervised by the Government during performance of this contract. All individual employee assignments and daily work direction shall be given by the contractor. If the contractor believes any Government action or communication has been given that would create a personal services relationship between the Government and any contractor employee, the contractor shall promptly notify the COR / CO.

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.

Section I‐ Clauses

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):

Provisions and clauses provided by reference can be viewed on https://www.acquisition.gov/

352.203‐70 Anti‐lobbying DEC 2015 Yes

352.211–3 Paperwork Reduction Act DEC 2015 Yes

352.219–71 Mentor‐Protégé Program Reporting Requirements DEC 2015 Yes

352.222–70 Contractor Cooperation in Equal Employment Opportunity Investigations

DEC 2015 Yes

352.223–70 Safety and Health DEC 2015 Yes

352.224–70 Privacy Act DEC 2015 Yes

352.224–71 Confidential Information DEC 2015 Yes

352.227–14 Rights in Data—Exceptional Circumstances DEC 2015 Yes

352.227–70 Publications and Publicity DEC 2015 Yes

352.231–70 Salary Rate Limitation DEC 2015 Yes

352.233–71 Litigation and Claims DEC 2015 Yes

352.237–70 Pro‐Children Act DEC 2015 Yes

352.237–71 Crime Control Act of 1990—Reporting of Child Abuse DEC 2015 Yes

352.237–72 Crime Control Act of 1990— Requirement for Background Checks

DEC 2015 Yes

352.237–74 Non‐Discrimination In Service Delivery DEC 2015 Yes

352.237–75 Key Personnel DEC 2015 Yes

352.239–74 Electronic and Information Technology Accessibility DEC 2015 Yes

FAR

52.202‐1 Definitions JUN 2020 Yes

52.203‐3 Gratuities APR 1984 Yes

52.203‐5 Covenant Against Contingent Fees MAY 2014 Yes

52.203‐6 Restrictions on Subcontractor Sales to the Government JUN 2020 Yes

52.203‐7 Anti‐Kickback Procedures JUN 2020 Yes

52.203‐8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity MAY 2014 Yes

52.203‐10 Price or Fee Adjustment for Illegal or Improper Activity MAY 2014 Yes

52.203‐12 Limitation on Payments to Influence Certain Federal Transactions JUN 2020 Yes

52.203‐13 Contractor Code of Business Ethics and Conduct NOV 2021 Yes

52.203‐14 Display of Hotline Poster(s) NOV 2021 Yes

52.203‐19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements JAN 2017 Yes

52.204‐4 Printed or Copied Double‐Sided on Postconsumer Fiber Content Paper MAY 2011 Yes

52.204‐9 Personal Identity Verification of Contractor Personnel JAN 2011 Yes

52.204‐10 Reporting Executive Compensation and First‐Tier Subcontract Awards JUN 2020 Yes

52.204‐13 System for Award Management Maintenance OCT 2018 Yes

52.204‐14 Service Contract Reporting Requirements OCT 2016 Yes

52.204‐18 Commercial and Government Entity Code Maintenance AUG 2020 Yes

52.204‐19 Incorporation by Reference of Representations and Certifications DEC 2014 Yes

52.204‐21 Basic Safeguarding of Covered Contractor Information Systems NOV 2021 Yes*

52.204‐23

Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities DEC 2023 Yes

52.204‐25

Prohibition of Contracting for Certain Telecommunications and Video Surveillance Services or Equipment NOV 2021 Yes

52.204‐27 Prohibition on a Byte Dance Covered Application JUN 2023 Yes

52.207‐3 Right of First Refusal of Employment MAY 2006 Yes

52.209‐6

Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment NOV 2021 Yes

52.209‐9 Updates of Publicly Available Information Regarding Responsibility Matters OCT 2018 Yes

52.209‐10 Prohibition on Contracting with Inverted Domestic Corporations NOV 2015 Yes

52.210‐1 Market Research NOV 2021 Yes

52.212‐4 Contract Terms and Conditions‐ Commercial Items

52.215‐2 Audit and Records—Negotiation JUN 2020 Yes

52.215‐8 Order of Precedence—Uniform Contract Format OCT 1997 Yes

52.215‐14 Integrity of Unit Prices NOV 2021 Yes

52.215‐17 Waiver of Facilities Capital Cost of Money OCT 1997 Yes

52.215‐21

Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data— Modifications‐‐Alternate I NOV 2021 Yes

52.215‐23 Limitations on Pass‐Through Charges JUN 2020 Yes

52.216‐7 Allowable Cost and Payment AUG 2018 Yes

52.216‐8 Fixed Fee JUN 2011 Yes

52.217‐5 Evaluation of Options JUL 1990 Yes

52.219‐4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns OCT 2022 Yes

52.219‐8 Utilization of Small Business Concerns FEB 2024 Yes

52.219‐9 Small Business Subcontracting Plan SEP 2023 Yes

52.219‐9 Small Business Subcontracting Plan‐‐Alternate II NOV 2016 Yes

52.219‐16 Liquidated Damages ‐ Subcontracting Plan SEP 2021 Yes

52.219‐28 Post‐Award Small Business Program Representation FEB 2024 Yes

52.222‐2 Payment for Overtime Premiums JULY 1990 Yes

52.222‐3 Convict Labor JUNE 2003 Yes

52.222‐4 Contract Work Hours and Safety Standards — Overtime Compensation MAY 2018 Yes

52.222‐20 Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 JUN 2020 Yes

52.222‐21 Prohibition of Segregated Facilities APR 2015 Yes

52.222‐26 Equal Opportunity SEP 2016 Yes

52.222‐35 Equal Opportunity for Veterans JUN 2020 Yes*

52.222‐36 Equal Opportunity for Workers with Disabilities JUN 2020 Yes*

52.222‐37 Employment Reports on Veterans JUN 2020 Yes

52.222‐40 Notification of Employee Rights Under the National Labor Relations Act DEC 2010 Yes

52.222‐41 Service Contract Labor Standards AUG 2018 Yes

52.222‐42 Statement of Equivalent Rates for Federal Hires MAY 2014 Yes*

52.222‐50 Combating Trafficking in Persons NOV 2021 Yes

52.222‐54 Employment Eligibility Verification MAY 2022 Yes

52.222‐62 Paid Sick Leave Under Executive Order 13706 JAN 2022 Yes

52.223‐3 Hazardous Material Identification & Material Safety Data‐‐Alternate I JUL 1995 Yes

52.223‐5 Pollution Prevention & Right‐To‐Know Information MAY 2011 Yes

52.223‐6 Drug‐Free Workplace MAY 2001 Yes

52.223‐10 Waste Reduction Program MAY 2011 Yes

52.223‐11 Ozone‐Depleting Substances and High Global Warming Potential Hydrofluorocarbons JUN 2016 Yes

52.223‐12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners JUN 2016 Yes

52.223‐13 Acquisition of EPEAT®–Registered Imaging Equipment JUN 2014 Yes

52.223‐15 Energy Efficiency In Energy‐Consuming Products. MAY 2000 Yes

52.223‐18 Encouraging Contractor Policies to Ban Text Messaging While Driving JUN 2020 Yes

52.223‐19 Compliance with Environmental Management Systems MAY 2011 Yes

52.223‐21 Foams JUN 2016 Yes

52.224‐1 Privacy Act Notification APR 1984 Yes

52.224‐2 Privacy Act APR 1984 Yes

52.224‐3 Privacy Training JAN 2017 Yes

52.225‐13 Restrictions on Certain Foreign Purchases FEB 2021 Yes

52.227‐1 Authorization and Consent JUN 2020 Yes

52.227‐14 Rights in Data—General MAY 2014 Yes

52.228‐7 Insurance—Liability to Third Persons MAR 1996 Yes

52.229‐2 North Carolina State and Local Sales and Use Tax‐‐ Alternate I APR 1984 Yes

52.230‐2 Cost Accounting Standards JUN 2020 Yes

52.230‐6 Administration of Cost Accounting Standards JUNE 2010 Yes

52.232‐9 Limitation on Withholding of Payments APR 1984 Yes

52.232‐17 Interest MAY 2014 Yes

52.232‐18 Availability of Funds APR 1984 Yes

52.232‐20 Limitation of Cost APR 1984 Yes

52.232‐22 Limitation of Funds APR 1984 Yes

52.232‐23 Assignment of Claims MAY 2014 Yes

52.232‐33 Payment by Electronic Funds Transfer—System for Award Management OCT 2018 Yes

52.232‐36 Payment by Third Party MAY 2014 Yes

52.232‐39 Unenforceability of Unauthorized Obligations JUN 2013 Yes

52.232‐40 Providing Accelerated Payments to Small Business Subcontractors MAR 2023 Yes

52.233‐1 Disputes MAY 2014 Yes

52.233‐3 Protest after Award‐‐Alternate I JUN 1985 Yes

52.233‐4 Applicable Law for Breach of Contract Claim OCT 2004 Yes

52.237‐2 Protection of Government Buildings, Equipment, and Vegetation APR 1984 Yes

52.237‐3 Continuity of Services JAN 1991 Yes

52.237‐7 Indemnification and Medical Liability Insurance JAN 1997 Yes

52.239‐1 Privacy or Security Safeguards AUG 1996 Yes

52.242‐1 Notice of Intent to Disallow Costs APR 1984 Yes

52.242‐3 Penalties for Unallowable Costs DEC 2022 Yes

52.242‐4 Certification of Final Indirect Costs JAN 1997 Yes

52.242‐5 Payments to Small Business Subcontractors JAN 2017 Yes

52.242‐13 Bankruptcy JUL 1995 Yes

52.242‐17 Government Delay of Work APR 1984 Yes

52.243‐1 Changes ‐Fixed Price AUG 1987 Yes

52.243‐2 Changes—Cost Reimbursement‐‐Alternate II APR 1984 Yes

52.244‐2 Subcontracts‐‐Alternate I JUN 2020 Yes

52.244‐5 Competition in Subcontracting DEC 1996 Yes

52.244‐6 Subcontracts for Commercial Products and Commercial Services FEB 2024 Yes

52.245‐1 Government Property SEP 2021 Yes

52.245‐9 Use and Charges APR 2012 Yes

52.249‐2 Termination for Convenience of the Government (Fixed‐Price) APR 2012 Yes

52.249‐4 Termination for Convenience of the Government (Services) APR 1984 Yes

52.249‐6 Termination (Cost‐Reimbursement) MAY 2004 Yes

52.249‐8 Default (Fixed‐Price Supply and Service) APR 1984 Yes

52.249‐14 Excusable Delays APR 1984 Yes

52.251‐1 Government Supply Sources APR 2012 Yes

FULL TEXT PROVISIONS

Offeror must complete and return the following provisions with their proposal

FAR 52.204‐24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204‐26, Covered

Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212‐3, Offeror Representations and Certifications‐Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it

"does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at

52.204‐26, or in paragraph (v)(2)(ii) of the provision at 52.212‐3.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204‐25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115‐232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third‐party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year

2019 (Pub. L. 115‐232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third‐party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award

Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It □ will, □ will not provide covered telecommunications equipment or services to the

Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The

Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand;

model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand;

number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(3) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand;

number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand;

number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any prohibition in paragraph (b)(2) of this provision.

(End of provision)

FAR 52.204‐26, Covered Telecommunications Equipment or Services‐Representation (OCT 2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” has the meaning provided in the clause 52.204‐25, Prohibition on Contracting for Certain

Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award

Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for

“covered telecommunications equipment or services”.

(c) Representation. The Offeror represents that it □ does, □ does not provide covered telecommunications equipment or services as a part of its offered products or services to the

Government in the performance of any contract, subcontract, or other contractual instrument.

(End of provision)

FULL TEXT CLAUSES

The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor within 7 days. Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree.

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 __7 days___.

52.217‐9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within

__7_days_; provided that the…