AHRQ-11-10006 Health Care Innovations Exchange II RFP.pdf

PART I - THE SCHEDULE Request for Proposal SECTION A - SOLICITATION FORM No. AHRQ-11-10006

Date Issued: January 3, 2011 Date Questions Due: January 10, 2011 12:00 PM EST Date Notice of Intent Due: January 20, 2011 Date Proposals Due: February 2, 2011 12:00 PM EST

You are invited to submit a proposal to the Agency for Healthcare Research and Quality (AHRQ) for Request for Proposal (RFP) No. AHRQ-11-10006, entitled “Health Care Innovations Exchange II.” Your proposal must be developed and submitted in accordance with the requirements and instructions of this RFP.

A performance based cost reimbursement contract is contemplated for a period of one year, with four one-year options.

The Government anticipates awarding 1 contract from this one solicitation.

Offerors shall submit the following:

A. Technical Proposal (See Section L.9) (Original and 11 copies) plus two electronic copies on CDs B. Past Performance Information (See Section L.10) (Original and 5 copies) C. Business Proposal (See Section L.12) (Original and 6 copies) plus two electronic copies on CDs D. Small Disadvantaged Business Participation Plan (See Section L.11) (Original and 2

Copies

Your technical proposal must be concisely written and should be limited to 125 typewritten pages (double-spaced), exclusive of personnel qualifications (i.e., resume, etc., see Section L.9 for additional details). This limitation is for administrative purposes only and exceeding the limitation shall not, of itself, be considered a basis for rejection of your proposal.

Your proposal must provide the full name of your company, the address, including county, Tax Identification Number (TIN), DUN and Bradstreet No., and if different, the address to which payment should be mailed.

YOUR ATTENTION IS CALLED TO THE LATE PROPOSAL PROVISIONS PROVIDED IN

SECTION L.3 OF THIS RFP. YOUR ATTENTION IS ALSO DIRECTED TO THE TECHNICAL

PROPOSAL INSTRUCTIONS PROVIDED IN SECTION L.9 OF THE SOLICITATION.

If you intend to submit a proposal in response to this solicitation, please inform the Contracting Officer of your intent by completing the Proposal Intent Response Form (Attachment 3 to this solicitation) and send it to the Contracting Officer no later than January 20, 2011. You may send it to the address below or fax it to 301-427-1740, Attention: Erin B. Mills, Contracting Officer.

Questions regarding this solicitation shall be received in this office no later than January 10, 2011 (See Section L.6). All questions shall be submitted electronically by e-mail to Erin Mills, Contracting Officer at the following email address: Erin.Mills@ahrq.hhs.gov. Subject line shall read: Proposal Questions RFP No. AHRQ-11-10006.

Answers to questions will be provided in the form of an Amendment to this solicitation and will be posted on AHRQ’s web page: www.ahrq.gov under “Funding Opportunities,” “Contract Solicitations” and Federal Business Opportunities web page: www.fedbizopps.gov. It is your responsibility to monitor the web sites where the RFP will be posted to learn about any amendments to the solicitation.

Discussions with any other individual outside the Division of Contracts Management may result in rejection of the potential offeror’s proposal.

The proposal shall be signed by an authorized official to bind your organization and must be received in our Contracts Office no later than 12:00 PM EST, on February 2, 2011. Your proposal must be mailed to the following address:

Agency for Healthcare Research and Quality Division of Contracts Management 540 Gaither Road Rockville, Maryland 20850

Hand carried proposals may be dropped off at the above location. However, please allow ample time as proposals cannot be accepted until they have gone through security. We will not be held responsible for any delays that may be incurred getting your proposal through security.

NOTE: The U.S. Postal Service’s “Express Mail” does not deliver to our Rockville, Maryland address. Packages delivered via this service will be held at a local post office for pick-up. The Government will not be responsible for picking up any mail at a local post office. If a proposal is not received at the place, date, and time specified herein, it will be considered a “late proposal.”

The RFP does not commit the Government to pay any cost for the preparation and submission of a proposal. It is also brought to your attention that the Contracting Officer is the only individual who can legally commit the Government to the expenditure of public funds in connection with the proposed acquisition.

In accordance with Federal Acquisition Circular (FAC) 2001-16, all contractors must be registered in the central contractor registration (CCR) database in order to conduct business mailto:Erin.Mills@ahrq.hhs.gov� http://www.ahrq.gov/� http://www.fedbizopps.gov/� with the government [See Section I - FAR clause 52.204-7 Central Contractor Registration Apr 2008]. As stated in paragraph (h) of this clause, additional information can be obtained at http://www.ccr.gov or by calling 1-888-227-2423, or 269-961-5757.

Requests for any information concerning this RFP should be referred to Erin Mills,

(301) 427-1169 or e-mail: Erin.Mills@ahrq.hhs.gov. Please note e-mail requests should state subject as RFP AHRQ-11-10006.

http://www.ccr.gov/� mailto:Erin.Mills@ahrq.hhs.gov�

TABLE OF CONTENTS

PART I Pages

Section A Solicitation 1-4 Table of Contents Section B Supplies or Services & Prices/Costs 5-7 Section C Description/Specification/Work Statement 8 Section D Packaging and Marking 8 Section E Inspection and Acceptance 8

Section F Deliveries or Performance 9-13

Section G Contract Administration Data 13-16

Section H Special Contract Requirements 17-48

PART II

Section I Contract Clauses 49-52

PART III

Section J List of Attachments 53

PART IV

Section K Representations and Instructions 54-67 Section L Instructions, Conditions & Notices to Offerors 67-93 Section M Evaluation Factors for Award 93-98

Attachments

1. Background Statement

2. Statement of Work

3. Proposal Intent Response Form

4. Past Performance Questionnaire and Contract Performance Form

5. Small Business Subcontracting Plan

6. Performance Requirements Summary

7. SF LLL-A, Disclosure of Lobbying Activities

8. Sample Format for Cost Proposal

SECTION B-SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 BRIEF DESCRIPTION OF SUPPLIES OR SERVICES

“Health Care Innovations Exchange II”. See Attachment #2, Statement of Work, for a complete description.

B. 2 ESTIMATED COST PLUS AWARD FEE

a. The estimated cost (exclusive of fees) for performance of the work under this contract, including direct and indirect costs is $ (TO BE NEGOTIATED).

b. The fixed fee for this contract is $ (TO BE NEGOTIATED). The fixed fee shall be paid in installments based on the percentage of completion of work, as determined by the Contracting Officer. Payment shall be subject to the withholding provisions of the Clause ALLOWABLE COST AND PAYMENT and FIXED FEE incorporated herein.

c. The maximum amount of award fee that may be earned for this contract is $ (TO BE

NEGOTIATED). Award fee earned shall be based upon an evaluation and determination by the Government as to the Contractor’s level of performance in accordance with the following procedures:

(1) The Contractor’s performance shall be evaluated semi-annually and at completion of the contract. The award periods and maximum amounts for each are listed in Section H, Special Contract Requirements, H.10 Performance Evaluation and Award Fee. Payment of award fee will be conducted on an annual basis

(2) The criteria set forth in the Performance Requirements Summary, Attachment #6, shall be used to evaluate the Contractor’s performance.

(3) The Contractor further agrees that the final determination as to the amount of Award Fee earned will be made by the Contracting Officer, taking into consideration an analysis and evaluation of the Contractor’s performance made by the Evaluation Group described in Section H.10, and shall not be subject to the “Disputes” clause of this contract. The Contractor shall be advised in writing of the decision setting forth reasons why the Award Fee was earned or why it was not earned, in order that the Contractor may improve its performance during the next twelve (12) month period, if the latter is applicable.

(4) Notwithstanding any other provisions of this contract, the fee for performing this contract shall not exceed the statutory limitations prescribed in the first sentence of Section 304(b) of the Federal Property and Administrative Services Act (41 USC 254 (b)) for services other than research, development or experimental work.

(5) Authorization to claim and be reimbursed for award fee under this contract will be accomplished by a letter. Upon receipt of the letter the Contractor may submit a public voucher for payment of the total award fee earned for the period evaluated. Payment of the award fee shall be subject to the withholding provision of the clause entitled “Fixed Fee.”

d. The Government’s maximum obligation, represented by the sum of the estimated cost plus the fixed fee and award fee obtainable for the contract period is as follows:

(TO BE NEGOTIATED)

PERIOD OF

PERFORMANCE

ESTIMATED

COST

FIXED FEE MAXIMUM

AWARD FEE

TOTAL

ESTIMATED

COST PLUS

FIXED FEE PLUS

AWARD FEE

Base Year

Option Period 1

Option Period 2

Option Period 3

Option Period 4

Total

e. Total funds currently available for payment and allotted to this contract are $(TO BE NEGOTIATED) of which $ (TO BE NEGOTIATED) represents the estimated cost, and of which $(TO BE NEGOTIATED) represents the fixed fee and $(TO BE NEGOTIATED) represents the award fee pool.

f. The Contracting Officer may allot additional funds to the contract without the concurrence of the Contractor. For further provisions on funding, see the LIMITATION OF COST/LIMITATION OF FUNDS and the ALLOWABLE COST AND PAYMENT (AND FIXED FEE) clauses incorporated herein.

B.3 PROVISIONS APPLICABLE TO DIRECT COSTS

a. Items Unallowable Unless Otherwise Provided Notwithstanding the clauses, ALLOWABLE COST AND PAYMENT, and FIXED FEE, incorporated into this contract, unless authorized in writing by the Contracting Officer, the costs of the following items or activities shall be unallowable as direct costs:

(1) Acquisition, by purchase or lease, of any interest in real property;

(2) Rearrangement or alteration of facilities;

(3) Purchase or lease of any item of general purpose-office furniture or office equipment regardless of dollar value.

(General purpose equipment is defined as any items of personal property which are usable for purposes other than research, such as office equipment and furnishings, pocket calculators, etc.);

(4) Accountable Government property (defined as both real and personal property with an acquisition cost of $1,000 or more, with a life expectancy of more than two years) and "sensitive items" (defined and listed in the Contractor's Guide for Control of Government Property, 1990, regardless of acquisition value;

(5) Travel to attend general scientific meetings;

(6) Foreign Travel;

(7) Any costs incurred prior to the contract's effective date;

(8) Rental of meeting rooms not otherwise expressly paid for by the contract;

(9) Any formal subcontract arrangements not otherwise expressly provided for in the contract;

(10) Any formal consultant arrangements not otherwise expressly provided for in the contract;

(11) Information Technology hardware or software; and

(12) Food and Beverages.

b. This contract is subject to the provisions of Public Law (P.L.) 99-234 which amends the Office of Federal Procurement Policy Act to provide that contractor costs for travel, including lodging, other subsistence, and incidental expenses, shall be allowable only to the extent that they do not exceed the amount allowed for Federal employees. The Contractor, therefore, shall invoice and be reimbursed for all travel costs in accordance with Federal Acquisition Regulations (FAR) 31.205-46.

SECTION C - DESCRIPTION/SPECIFICATION/WORK STATEMENT

Independently and not as an agent of the Government, the Contractor shall be required to furnish all the necessary services, qualified personnel, material, equipment, and facilities, not otherwise provided by the Government, as needed to perform the Statement of Work, attached hereto and made a part of this Solicitation (Attachment #2).

SECTION D - PACKAGING AND MARKING

The contractor shall mark each delivery/deliverable with the Contractor’s Name; Contract number; Item number; and quantity indicating partial, full or final shipment. Note as appropriate on the face page of each deliverable, or on the binding, (1) one volume only, or (2) volume 1 of 2.

SECTION E - INSPECTION AND ACCEPTANCE

E.1 INSPECTION AND ACCEPTANCE

a. The Contracting Officer or the duly authorized representative will perform inspection and acceptance of materials and services to be provided.

b. For the purpose of this SECTION the Contracting Officer’s Technical

Representative is the authorized technical representative of the Contracting Officer.

c. Inspection and acceptance will be performed at:

Agency for Healthcare Research and Quality 540 Gaither Road Rockville, Maryland 20850

E.2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates the following clause by reference, with the same force and effect as if it were given in full text. Upon request, the Contracting Officer will make its full text available.

FAR Clause No. Title and Date

52.246-5 Inspection of Services-Cost

Reimbursement (April 1984)

SECTION F - PERIOD OF PERFORMANCE AND DELIVERY SCHEDULE

F.1 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates the following clause 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.

FEDERAL ACQUISITION REGULATION (FAR) (48 CFR CHAPTER 1) CLAUSE:

52.242-15, Stop Work Order (AUG 1989) with Alternate I (APRIL 1984).

F.2 PERIOD OF PERFORMANCE

a. The period of performance of this contract shall be from ________ through

b. If the Government exercises any Options pursuant to the OPTION PROVISION Article in Section H of this contract, the period of performance will be increased as listed below:

Option Year Option Period Option Year 1 Option Year 2 Option Year 3 Option Year 4

F.3 DELIVERABLE SCHEDULE

The items specified for delivery below are subject to the review and approval of the Contracting Officer’s Technical Representative (COTR) before final acceptance. The contractor shall be required to make revisions deemed necessary by the COTR. The deliverable schedule may not be changed without the agreement of the COTR and an authorized modification completed by the AHRQ Contracting Officer (CO). Delivery dates reflect calendar time unless otherwise specified. The Contracting Officer shall receive one copy of each progress report and final report/ final deliverable.

Unless otherwise noted, the deliverable schedule applies to the base period and all option periods (if exercised). Note: EDOC (Effective Date of Contract) will become EDOY1, EDOY2 and EDOY3 (Effective Date of Option Year) pending the exercise of the option(s).

The contractor shall submit the following items electronically to the COTR:

Item Task Description Quantity Delivered To Due Date

1 1.1 Final Editorial Board Membership

Per requirements of SOW No later than 1 month of the EDOC

2 1.2 Expert Panel Nominations 1 electronic copy to COTR No later than 2 months of the EDOC

3 1.2 Final Expert Panel Membership 1 electronic copy to COTR No later than 3 months

EDOC

4 1.3 Expert Panel Meeting Per requirements of SOW At least once every year of the contract no later than the expiration date of the contract.

5 1.3 Expert Panel Meeting Agenda and Materials

Draft: 1 electronic copy to

COTR

Final: 1 copy to each meeting participant and

COTR

Draft to COTR no later than 21 calendar days prior to meeting

Final: no later than 14 calendar days prior to meeting

6 1.3 Expert Panel Meeting Summary Draft: 1 electronic copy Final: 1 electronic and three print copies to COTR

Draft: No later than 14 days after Meeting Final: no later than 7 days after receiving COTR comments

7 1.4 Modified inclusion criteria to include policy innovations and tools

Per requirements of SOW No later than 3 months

EDOC

8 1.4 Publish twenty (20) policy innovation profiles

Per requirements of SOW No later than 12 months EDOC if OMB clearance not needed; No later than 15 months EDOC if OMB clearance is needed

9 1.5.2 Database of innovators and organizations that support innovation

Per requirements of SOW Implemented within 4 months EDOC and then ongoing & delivered at end of contract period

10 1.5.5 Publish 75 new and updated innovations and 100 new and updated tools to the Web site.

Of the 75, publish 20 Policy innovations as in Task 1.4

Per requirements of SOW No later than12 months EDOC and every 12 months thereafter

11 1.5.5 Establish a mechanism to publish transitioned content

Per requirements of SOW No later than 2 months

EDOC

Publish content beginning 3 months EDOC

12 1.6.4 AHRQ-approved Conflict of Interest

Per requirements of SOW Implemented Within 2 months of EDOC

13 2.1 Modified template of attributes and definitions for Innovations and tools and other recommendations for enhancements

1 electronic copy to COTR No later than 6 months of EDOC and yearly (no later than the expiration date of the contract) thereafter

14 3.2 Project Work Plan Overview 1 electronic copy to COTR No later than 3 months before the start of the contract year. N/A for the base year of the contract.

15 3.2 Project Work Plan, including deliverables-oriented (systems and content) work breakdown structure, an IMS and Critical Path

1 electronic copy to COTR Base Year: Draft: No later than 3 weeks of EDOC.

Final: No later than 1 week after receipt of COTR comments.

Option Years 1- 4 if exercised: Draft: within 2 months before start of contract year. Final: No later than 1 week after receipt of COTR comments; notice of intent to exercise will be provided 90 days before the contract expires.

If an Option year is not exercised: See Task 5.10 Close-out/Transition Plan

16 3.2 Migration Plan *applicable to the Base Year only

1 electronic copy to COTR Base Year: Final: No later than 2 weeks after kick off meeting; Migration must be completed 4 months EDOC

17 3.5 Web analytics plan

Per requirements of SOW Draft: No later than 2 months of EDOC Final: No later than 2 weeks of AHRQ review

18 3.7 Configuration and change management

Per requirements of SOW Draft no later than 6 months EDOC; final no later than 1 month of AHRQ comments

19 3.10 Systems security and privacy Per requirements of SOW Ongoing throughout life of the contract in accordance with SDLC, configuration, Management Plan and Project Work Plan

20 3.11 Technical assistance Per requirements of SOW Ongoing on a monthly basis.

21 4.1 Learning and networking plan Plan: 1 electronic copy to

COTR

Implementation: per requirements of SOW

Draft Plan: no later than 6 months of EDOC

Final Plan: no later than 9 months EDOC

Plan Implementation: no later than 10 months

EDOC

22 5.2 Customer satisfaction survey analysis report

Per requirements of SOW Report Quarterly and in Annual Report

23 5.3 Manuscript 1 hard copy to COTR and 1 hard copy to CO

No later than the expiration date of OPY 3

24 5.4 1 Kick-off Meeting 1 No later than 1 week of the

EDOC

25 5.4 Management meetings Per Requirements of SOW Monthly as needed.

26 5.4 Management meeting action items

1 electronic copy to COTR No later than 3 business days after monthly meeting

27 5.5 Systems documentation Per requirements of SOW Ongoing throughout life of the contract in accordance with SDLC, Configuration Management Plan and Project Work Plan

28 5.6

Contract progress reports 1 electronic copy to COTR and 1 to CO

10 calendar days after the end of the month beginning 2nd month of EDOC and every calendar day of the month thereafter

29 5.8

Annual report Outline and Draft: 1 electronic copy to COTR

Final: 1 electronic and 3 print copies to COTR; 1 electronic copy and 1 print copy to CO

Outline: every 11th month of the yearly cycle; Draft:

every 12th month of the yearly cycle; Final: 2 weeks after COTR approval of draft

30 5.9 Final report Draft: 1 electronic copy to

COTR

Final: 1 electronic and 4 print copies to COTR; 1 electronic copy and 1 print copy to CO

Draft: no later than 2 months of contract expiration;

Final: contract expiration

31 5.10 Close-out/Transition plan Draft: 1 electronic copy to

COTR

Final: integrated into and delivered via Final Report

Draft: 4 months before contract expiration

Final: in Final Report

32 Section L of the

RFP

Subcontracting Report for Individual Contracts (SF-294)

Submission via eSRS

(DHHS)

April 30 (annually) October 30 (annually)

33 Section L of the

RFP

Summary Subcontractor Report

(SF 295)

Submission via eSrRS

(DHHS)

April 30( annually) June 30 (annually)

34 Section L of the

RFP

Small Disadvantaged Business Participation Report

1 hard copy 1 submission via eSRS

(DHHHS)

Contract Completion

Agency for Healthcare Research and Quality Center for Outcomes and Evidence 540 Gaither Road Rockville, Maryland 20850

The Contracting Officer shall receive one copy of each progress report, annual report and final report/ final deliverable. The Contracting Officer shall also receive one copy of the manuscript.

Agency for Healthcare Research and Quality ATTN: Contracting Officer Contracts Management / OPART 540 Gaither Road

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 KEY PERSONNEL, HHSAR 352.242-70

Pursuant to the Key Personnel clause incorporated in Section I of this contract, the following individual(s) is/are considered to be essential to the work being performed hereunder:

NAME TITLE

(TO BE COMPLETED AT TIME OF CONTRACT AWARD)

The clause cited above contains a requirement for review and approval by the Contracting Officer of written requests for a change of Key Personnel reasonably in advance of diverting any of these individuals from this contract. Receipt of written requests at least 30 days prior to a proposed change is considered reasonable.

G.2 CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE

The following Contracting Officer’s Technical Representative will represent the Government for the purpose of this contract:

(TO BE COMPLETED AT TIME OF CONTRACT AWARD)

The Contracting Officer’s Technical Representative is responsible for: (1) monitoring the contractor's technical progress, including the surveillance and assessment of performance and recommending to the contracting officer changes in requirements; (2) interpreting the statement of work and any other technical performance requirements; (3) performing technical evaluation as required; (4) performing technical inspections and acceptances required by this contract; and (5) assisting in the resolution of technical problems encountered during performance.

The Government may unilaterally change its Contracting Officer’s Technical Representative designation.

G.3 CONTRACTING OFFICER

The Contracting Officer is the only person with authority to act as an agent of the Government under this contract. Only the Contracting Officer has authority to: (1) direct or negotiate any changes in the statement of work; (2) modify or extend the period of performance; (3) change the delivery schedule; (4) authorize reimbursement to the contractor of any costs incurred during the performance of this contract; or (5) otherwise change any terms and conditions of this contract.

G.4 INVOICE SUBMISSION

a. INVOICE SUBMISSION

The following directions for the submission of invoices must be followed to meet the requirements of a "proper" payment request pursuant to FAR 32.9, and must be in accordance with the General Provisions clause 52.232-25 Prompt Payment (OCT 2003).

Invoices/financing requests shall be submitted in an original and three copies to:

Contracting Officer Agency for Healthcare Research and Quality Division of Contracts Management 540 Gaither Road

b. INFORMATION ON INVOICES

(1) The Contractor is REQUIRED to include the following minimum information on invoices:

(a) Contractor’s name and invoice date;

(b) Contract Number;

(c) Description and price of services actually rendered;

(d) Other substantiating documentation or information as required by the contract;

(e) Name (where practicable), title, phone number, and complete mailing address or responsible official to whom payment is to be sent; and

(f) The Internal Revenue Service Taxpayer Identification Number.

(2) The Contractor shall furnish the following minimum information in support of costs submitted:

(a) Direct Labor – include all persons, listing the person’s name, title, number of hours or days worked, hourly rate (unburdened), the total cost per person and a total amount of this category.

(b) Fringe Costs - show rate, base and total amount as well as verification/allowability or rate changes (when applicable);

(c) Overhead or Indirect Costs - show rate, base and total amount as well as verification/allowability or rate changes (when applicable);

(d) Consultants - include the name, number of days or hours worked, a total amount per consultant and a total amount for this category;

(e) Travel - include for each airplane or train trip taken the name of the traveler, date of travel, destination, the transportation costs including ground transportation, shown separately, and per diem costs. Other travel costs shall also be listed. A total amount for this category shall be provided;

(f) Subcontractors - include for each subcontractor, the same data that is being provided for the prime contractor. A total number for this category shall be provided.

(g) Data Processing - include all non-labor costs, i.e., computer time, equipment purchase, lease or rental, data tapes, etc. A total amount for this category shall be provided.

(h) Other - include a listing of all other direct charges to the contract, i.e., office supplies, telephone, equipment rental, duplication, etc.

(i) Equipment Cost - itemize and identify separately from material costs including reference to approval in all cases;

(j) G&A - show rate, base and total as well as verification/allowability of rate changes (when applicable);

(k) Fee - show rate, base and total and;

(l) Current amount billed by individual cost element and total dollar amount and cumulative amount billed by individual cost element and total dollar amount.

(3) Payment shall be made by:

PSC Finance Parklawn Building, Room 16-23 5600 Fishers Lane Rockville, Maryland 20857 Telephone Number (301) 443-6766

G.5 INDIRECT COST RATES and FEE

In accordance with Federal Acquisition Regulation (FAR) (48 CFR Chapter 1) Clause 52.216-7(d)(2), Allowable Cost and Payment, incorporated by reference in this contract, in Part II, Section I, the primary contact point responsible for negotiating provisional and/or final indirect cost rates is the cognizant contracting official as set forth in FAR Subpart 42.7 - Indirect Cost Rates.

Reimbursement will be limited to the rates and time periods covered by the negotiated agreements. The rates, if negotiated, are hereby incorporated without further action of the contracting officer.

G.6 ELECTRONIC FUNDS TRANSFER

Pursuant to FAR 52.232-33, Payment by Electronic Funds Transfer - Central Contractor Registration (OCT 2003), the Contractor shall designate a financial institution for receipt of electronic funds transfer payments. This designation shall be submitted, in writing, to the finance office designated in the contract.

G.7 POST AWARD EVALUATION OF CONTRACTOR PERFORMANCE

Interim and final evaluations of Contractor performance will be prepared on this contract in accordance with FAR Subpart 42.15. The final performance evaluation will be prepared at the time of completion of work. In addition to the final evaluation, interim evaluation(s) will be prepared annually.

Interim and final evaluations will be provided to the Contractor as soon as practicable after completion of the evaluation. The Contractor will be permitted thirty days to review the document and to submit additional information or a rebutting statement. If agreement cannot be reached between the parties, the matter will be referred to an individual one level above the Contracting Officer, whose decision will be final.

Copies of the evaluations, Contractor responses, and review comments, if any, will be retained as part of the contract file, and may be used to support future award decisions.

Contractors may access evaluations through a secure Web site for review and comment at the following address:

https://www.cpars.csd.disa.mil

G.8 GOVERNMENT PROPERTY

If this RFP will result in the acquisition or use of Government Property provided by the contracting agency or if the Contracting Officer authorized in the preaward negotiation process, the acquisition of property (other than real property), this ARTICLE will include applicable provision and incorporate the HHS Publication, entitled, “Contractor’s Guide for Control of Government Property.”

https://www.cpars.csd.disa.mil/�

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 RELEASE AND USE AND COPYRIGHT OF DATA FIRST PRODUCED FROM WORK

PERFORMED UNDER THIS CONTRACT

(a) Release and Use – Data first produced in the performance of the Contract. As permitted in FAR 52.227-17, the provisions of this Section H.1 shall apply to any release or use of data first produced in the performance of the Contract and any analysis, tools, methodologies, or recorded product based on such data.

(b) Release and Use – Requirements related to confidentiality and quality. To ensure public trust in the confidentiality protections afforded participants in Agency for Healthcare Research and Quality (AHRQ)-supported research, AHRQ requires and monitors compliance by its contractors with section 934(c) of the Public Health Service Act (PHS Act) (42 U.S.C. 299c- 3(c)), which states in part that

No information, if the establishment or person supplying the information or described in it is identifiable, obtained in the course of activities undertaken or supported under this title, may be used for any purpose other than the purpose for which it was supplied unless such establishment or person has consented...to its use for such other purpose. Such information may not be published or released in other form if the person who supplied the information or who is described in it is identifiable unless such person has consented...to its publication or release in other form.

In addition to this requirement, section 933(b)(1) of the PHS Act (42 U.S.C. 299c-2(b)(1)) requires AHRQ to assure that statistics and analyses developed with Agency support are of high quality, comprehensive, timely, and adequately analyzed. Accordingly --

(1) Prior to the release or use of data based upon work performed under this Contract, the Contractor agrees to consult with the Project and Contract Officers regarding the proposed release or use. AHRQ will, within 6 months of the receipt of any proposed publication, presentation, or any other disclosure of materials derived from information collected or produced for this contract, use best effort to review the proposed report, presentation, or other text to assure:

(A) Identifiable information is being used exclusively for the purpose(s) for which it was supplied or appropriate consents have been obtained;

(B) The confidentiality promised to individuals and establishments supplying identifiable information or described in it is not violated; and

(C) The quality of statistical and analytical work meets the statutory standards cited above.

The Contractor will in good faith consider, discuss, and respond to any comments or suggested modifications that are provided by AHRQ within two months of receiving the proposed release or use.

(2) The Contractor must satisfy conditions (1) (A) and (1) (B). At the conclusion of any consultation required by paragraph (b) (1) above, if AHRQ and the Contractor cannot agree that a proposed use or release satisfies condition (1) (C) above:

(A) The research professional at the Contractor responsible for the quality of the Contract work will, in advance of any release or use of such data, certify in a letter to the Contracting Officer what differences of opinion cannot be resolved regarding the statutory standards referenced in condition (1) (C) and the basis for Contractor assertions that these standards have been met; and

(B) The Contractor must print prominently on the release or other product, or on any portion that is released, or state prior to any oral presentation or release of such material, the following disclaimer:

THIS PRESENTATION/ PUBLICATION/OR OTHER PRODUCT IS

DERIVED FROM WORK SUPPORTED UNDER A CONTRACT WITH

THE AGENCY FOR HEALTHCARE RESEARCH AND QUALITY (AHRQ)

(# ). HOWEVER, THIS PRESENTATION/ PUBLICATION/OR OTHER

PRODUCT HAS NOT BEEN APPROVED BY THE AGENCY.

(3) If the AHRQ COTR does not provide written conditions or approvals by the end of the six month period following submission of a request to publish a report or to make a presentation or other disclosure of material derived from work performed for AHRQ-funded research, the Contractor may publish, present, or otherwise disclose this material subject to the restrictions of Section 903(c). However, the Contractor must print prominently on the report or any portion of it which is released, or state prior to any oral or other disclosure of the material derived from work performed under this contract, the following disclaimer:

THIS PRESENTATION/ PUBLICATION/OR OTHER PRODUCT IS

DERIVED FROM WORK SUPPORTED UNDER A CONTRACT WITH

THE AGENCY FOR HEALTHCARE RESEARCH AND QUALITY (AHRQ)

(# ). HOWEVER, THIS PRESENTATION/ PUBLICATION/OR OTHER

PRODUCT HAS NOT BEEN APPROVED BY THE AGENCY.

(c) Required Statement Regarding Protected Information. On all written material or other recorded products, or preceding any presentation or other oral disclosure, release or use of material based on identifiable information obtained in the course of work performed under this contract, the Contractor shall make the following statement:

IDENTIFIABLE INFORMATION ON WHICH THIS REPORT,

PRESENTATION, OR OTHER FORM OF DISCLOSURE IS BASED IS

PROTECTED BY FEDERAL LAW, SECTION 934(c) OF THE PUBLIC HEALTH SERVICE ACT, 42 U.S.C. 299c-3(c). NO IDENTIFIABLE

INFORMATION ABOUT ANY INDIVIDUALS OR ENTITIES SUPPLYING

THE INFORMATION OR DESCRIBED IN IT MAY BE KNOWINGLY

USED EXCEPT IN ACCORDANCE WITH THEIR PRIOR CONSENT.

ANY CONFIDENTIAL IDENTIFIABLE INFORMATION IN THIS REPORT

OR PRESENTATION THAT IS KNOWINGLY DISCLOSED IS

DISCLOSED SOLELY FOR THE PURPOSE FOR WHICH IT WAS

PROVIDED.

(d) Copyright – Data first produced in the performance of the Contract. Subject to the terms of this Section regarding release and use of data, AHRQ, through its Contracting Officer, will grant permission under FAR 52.227-17(c) (1) (i) to the Contractor to establish claim to copyright subsisting in scientific and technical articles based on or containing data first produced in the performance of this contract that are submitted for publication in academic, technical or professional journals, symposia proceedings or similar works. When claim to copyright is made, the Contractor shall affix the applicable copyright notice of 17 U.S.C. 401 or 402 and acknowledgment of Government sponsorship (including contract number) to the data when such data are delivered to the Government, as well as when the data are published or deposited for registration as a published work in the U.S. Copyright Office. In such circumstances, the Contractor hereby agrees to grant to AHRQ, and others acting on its behalf, a paid-up, nonexclusive, irrevocable, worldwide license for all such data to reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, by or on behalf of AHRQ. A description of this license will be incorporated into the copyright notices required above.

(e) Subcontracts. Whenever data, analyses, or other recorded products are to be developed by a subcontractor under this Contract, the Contractor must include the terms of H.1 in the subcontract, without substantive alteration, with a provision that the subcontractor may not further assign to another party any of its obligations to the Contractor. No clause may be included to diminish the Government’s stated requirements or rights regarding release or use of products or materials based on data derived from work performed under this contract.

H.2 LACK OF COMPLIANCE WITH REQUIREMENTS FOR RELEASE OR USE

Failure to submit materials for statutorily mandated confidentiality and statistical and analytic quality reviews as required by Section H.1 of this contract will be viewed as a material violation and breach of the terms of this contract, as the requirements of this provision are necessary for AHRQ to carry out its statutory obligations and responsibilities. Records of the Contractor's performance, including the Contractor's performance pertaining to this Contract, will be maintained in AHRQ's Contracts Management Office and will be considered as an element of past performance which is part of all subsequent competitive contract proposal reviews.

H.3 SUBCONTRACTS

The contractor must include in any subcontracts executed or used to provide the support specified in this contract the terms of requirements H.1, H.2, H.4, H.5, H.6, H.7, H.9, H.11, H.12, H.13, and H.14. These requirements are to be included without substantive alteration, and no clause may be included to diminish these requirements.

Award of any subcontract is subject to the written approval of the Contracting Officer upon review of the supporting documentation as required by FAR Clause 52.215-12, Subcontractor Cost or Pricing Data, of the General Clauses incorporated into this contract. A copy of the signed subcontract shall be provided to the Contracting Officer.

H.4 LATE PAYMENTS TO THE GOVERNMENT

Late payment of debts owed the Government by the Contractor, arising from whatever cause, under this contract/order shall bear interest at a rate or rates to be established in accordance with the Treasury Fiscal Requirements Manual. For purposes of this provision, late payments are defined as payments received by the Government more than 30 days after the Contractor has been notified in writing by the Contracting Officer of:

a. The basis of indebtedness.

b. The amount due.

c. The fact that interest will be applied if payment is not received within 30 days from the date of mailing of the notice.

d. The approximate interest rate that will be charged.

H.5 SALARY RATE LIMITATION

(a) Pursuant to the current and applicable prior HHS appropriations acts, the Contractor shall not use contract funds to pay the direct salary of an individual at a rate in excess of the federal Executive Schedule Level I in effect on the date an expense is incurred.

(b) For purposes of the salary rate limitation, the terms ‘‘direct salary,’’ ‘‘salary,’’ and ‘‘institutional base salary’’ have the same meaning and are collectively referred to as ‘‘direct salary’’ in this clause. An individual’s direct salary is the annual compensation that the Contractor pays for an individual’s direct effort (costs) under the contract. Direct salary excludes any income that an individual may be permitted to earn outside of duties to the Contractor.

Direct salary also excludes fringe benefits, overhead, and general and administrative expenses (also referred to as indirect costs or facilities and administrative [F&A] costs). (NOTE: The salary rate limitation does not restrict the salary that an organization may pay an individual working under an HHS contract or order; it merely limits the portion of that salary that may be paid with federal funds.)

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

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

H.6 PRO-CHILDREN ACT of 1994

The Pro-Children Act of 1994, P.L. 103-227, imposes restrictions on smoking where certain federally funded children’s services are provided. P.L. 103-227 states in pertinent part:

“PHS strongly encourages all grant and contract recipients to provide a smoke-free workplace and to promote the non-use of all tobacco products. In addition, P.L. 103-227, the Pro-Children Act of 1994, prohibits smoking in certain facilities (or in some cases, any portion of a facility) in which regular or routine education, library, day care, health care or early childhood development services are provided to children.”

H.7 PERSONNEL SECURITY REQUIREMENTS

BACKGROUND

The Office of Assistant Secretary for Management and Budget, Department of Health and Human Services (DHHS), requires that all DHHS employees and contractor employees (including subcontractors) who will be working in a DHHS-owned or leased space and/or who will have access to DHHS equipment, and non-public privileged, proprietary, or trade secret information, undergo a background investigation.

GENERAL

Notwithstanding other submission requirements stated elsewhere in this contract, the contractor shall appoint and identify a Contractor Security Representative and submit the following information for each employee to the Contracting Officer within thirty (30) calendar days after contract award.

DHHS ID Badge Request (HHS-745)

E-QIP Initiation Request Form Within thirty (30) days after contract award each employee will be required to have electronic fingerprinting performed –– Fingerprinting services are available by appointment only through the Program Support Staff (PSC). Upon receipt of the ID Badge Request Form and E-QIP Initiation Form, a security specialist from PSC will e-mail the contractor with instructions on completing the on-line background investigation questionnaire and making arrangements for the contractor to complete the electronic fingerprints at the Parklawn Building.

H.8 PROTEST

No protest under FAR Subpart 33.1 is authorized in connection with the issuance or proposed issuance of contract except on grounds that the order increases the scope, period, or maximum value of the contract.

H.9 SECTION 508 COMPLIANCE

This language is applicable to Statements of Work (SOW) or Performance Work Statements (PWS) generated by the Department of Health and Human Services (HHS) that require a contractor or consultant to (1) produce content in any format that could be placed on a Department-owned or Department-funded Web site; or (2) write, create or produce any communications materials intended for public or internal use; to include reports, documents, charts, posters, presentations (such as Microsoft PowerPoint) or video material that could be placed on a Department-owned or Department-funded Web site.

Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d) requires Federal agencies to purchase electronic and information technologies (EIT) that meet specific accessibility standards. This law helps to ensure that federal employees with disabilities have access to, and use of, the information and data they need to do their jobs. Furthermore, this law ensures that members of the public with disabilities have the ability to access government information and services.

There are three regulations addressing the requirements detailed in Section 508. The Section 508 technical and functional standards are codified at 36 CFR Part 1194 and may be accessed through the Access Board’s Web site at http://www.access-board.gov. The second regulation issued to implement Section 508 is the Federal Acquisition Regulation (FAR). FAR Part 39.2 requires that agency acquisitions of Electronic and Information Technology (EIT) comply with the Access Board’s standards. The entire FAR is found at Chapter 1 of the Code of Federal Register (CFR) Title 48, located at http://www.acquisition.gov. The FAR rule implementing Section 508 can be found at http://www.section508.gov. The third applicable regulation is the HHS Acquisition Regulation (HHSAR).

Regardless of format, all Web content or communications materials produced for publication on or delivery via HHS Web sites - including text, audio or video - must conform to applicable Section 508 standards to allow federal employees and members of the public with disabilities to access information that is comparable to information provided to persons without disabilities. All contractors (including subcontractors 1) or consultants responsible for preparing or posting content intended for use on an HHS-funded or HHS-managed Web site must comply with applicable Section 508 accessibility standards, and where applicable, those set forth in the referenced policy or standards documents below. Remediation of any materials that do not comply with the applicable provisions of 36 CFR Part 1194 as set forth in the SOW or PWS, shall be the responsibility of the contractor or consultant retained to produce the Web-suitable content or communications material.

1 - Prime contractors may enter into subcontracts in the performance of a Federal contract, but the prime remains obligated to deliver what is called for under the contract.

References:

HHS Policy for Section 508 Electronic and Information Technology (E&IT) (January 2005): http://www.hhs.gov/od/Final_Section_508_Policy.html HHS Section 508 Web site: http://508.hhs.gov/ HHS ASPA Web Communications Division Web site:

http://www.hhs.gov/web/policies/index.html US General Services Administration (GSA) Section 508 Web site:

http://www.section508.gov/index.cfm

H.10 PERFORMANCE EVALUATION AND AWARD FEE

1. Performance Evaluation Factors

The Government will evaluate the following factors of the Contractor’s performance:

Performance Factor Related SOW Tasks

Weight given during performance evaluation Base Year

Option Year 1

Option Year 2

Option Year 3

Option Year4

1. Content 1 30 30 30 30 30

2. Enhancements 2 15 15 15 15 15

3. Information Technology 3 20 20 20 20 20

4. Learning and Networking 4 15 15 15 15 15

5. Project Management 5 20 20 20 20 20

2. Performance Requirements Summary

Attachment #6 summarizes the performance standards and Government surveillance methods for each of the above performance factors.

3. Award Fee Plan (Note to Offerors: The Government anticipates a Cost-Plus Award Fee CPAF) contract to result from this solicitation. In this type of contract, the Contractor will receive a small base fee. In addition to the base fee, award fee will be tied to the evaluation of specific products and services in accordance with Attachment #6.

The Agency’s decision to pay or not to pay Award Fee in no way alters the Contractor’s responsibilities to perform any services or produce any deliverables required by this contract.

The Agency’s decision to pay or not to pay Award Fee in no way alters the Agency’s obligation to pay the Contractor for satisfactory deliverables in accordance with this contract.

Amounts Available for Award Fee (to be evaluated semi-annually): (To Be Negotiated)

Award Fee is available for services and products indentified below:

Table 1:

Performance Evaluation Factor

% of Award Fee Pool

Base Year 1 Option Years 1-4

Award for Evaluation Unsatisfactory Rating score of below 60 0 %.

Award for Evaluation Satisfactory

60-79 score 40%

Award for Evaluation Exceeds Expectations 80-89 score 80%

Award for Evaluation Outstanding

90-100 score 100%

Content 30%

30%

Enhancements

15%

Information Technology

20%

Learning and Networking

15%

Project Management 20%

On a semi-annual basis, the Contractor’s products and services will be evaluated by an Award Fee Evaluation Group (AFEG). The AFEG will consist of the Contracting Officer, the Contracting Officer’s Technical Representative as well as other relevant staff from AHRQ. Payment of award fee will be conducted on an annual basis.

Each member of the AFEG will rate the Contractor’s performance according to the factors listed in Table 1. Higher scores represent higher levels of performance. Table 2 lists the level of payment according to the overall score received by the Contractor.

A numerical rating scale of 0 to 100 will be used. The scale is defined as follows:

Table 2:

Definition of Rating

Adjective Rating

Numerical Rating

Fee %

Outstanding- Contractor’s performance exceeds standards by substantial margin; the performance monitor can cite few areas for improvement, all of which are minor. Required rework is minimal.

Outstanding Outstanding

90 - 100

100%

Exceeds Expectations- Contractor’s performance exceeds standards, and although there may be several areas for improvement, these are more than offset by better performance in other areas. Required rework is limited.

Exceeds Expectations

80 – 89

80%

Satisfactory- Contractor’s performance is generally satisfactory, and areas for improvement are approximately offset by better performance in other areas. Required rework is moderate.

Satisfactory

60 – 79

40%

Unsatisfactory- Contractor’s performance is less than standards by a substantial margin, and the performance monitor can cite many areas for improvement which are not offset by better performance in other areas. Required rework is extensive.

Unacceptable Below 60 0%

Each member of the AFEG will give each performance factor a numerical rating, and those ratings will be averaged. An average score of less than 60 (Unsatisfactory) will result in the contractor receiving no award fee for the performance factor for the rating period. An average score of 60-79 (Satisfactory) will result in award of 40% of the Award Fee for the performance factor. An average score of 80-89 (Exceeds Expectations) will result in award of 80% of the Award Fee, and an average of 90-100 (Outstanding) will result in award of 100% of the Award Fee for the performance factor. The Award Fee determinations are not subject to the disputes clause.

H.11 AHRQ Publishing and Communications…