RFP_AHRQ-13-10005_Plan-Eval-Analysis_IDIQ.pdf

Request for Proposal (RFP) AHRQ-13-10005 Planning, Evaluation, and Analysis IDIQ (PEATOC) Page 1 of 65

PART I - THE SCHEDULE Request for Proposal SECTION A - SOLICITATION FORM No. AHRQ-13-10005

Date Issued: December 6, 2012 Date Questions Due: December 13, 2012 Date Notice of Intent Due: January 3, 2013 Date and Time Proposals Due: January 15, 2013 - Not Later Than 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-13-10005 Entitled “Planning, Evaluation, and Analysis IDIQ”. Your proposal must be developed and submitted in accordance with the requirements and instructions of this RFP.

Please Note: This RFP is a total small business set aside. See FAR 52.219-6 and 52.219-14, herein.

Solicitation Information: Please review the table of contents and refer to the appropriate section of this RFP for requirements, proposal instructions and evaluation information. The Government intends to award this contract without negotiations, so it is imperative that all questions are addressed during the solicitation phase, and that all proposals submitted include the required information and accept the terms and conditions as stated. Failure to comply with proposal instructions or submit required information may result in the removal of a proposal from consideration for award. Please review Section L carefully.

Proposal Intent: 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 (See section L.11 and Attachment A) and send it to the Contracting Officer no later than the date shown above. You may mail it to the address below, fax it to: 301-427-1740, Attention: David Goodno, Contract Specialist or email it to david.goodno@ahrq.hhs.gov.

Questions: All Questions regarding this solicitation shall be received in this office no later than the date shown above. All questions shall be submitted electronically by e-mail to David Goodno, Contract Specialist, at the following email address: david.goodno@ahrq.hhs.gov. The subject line shall read: Proposal Questions RFP No. AHRQ-13-10005. Answers to questions and all solicitation amendments will be posted to the Federal Business Opportunities web page:

https://www.fbo.gov It is your responsibility to monitor the Federal Business Opportunities web site.

mailto:david.goodno@ahrq.hhs.gov� https://www.fbo.gov/�

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Additional Information:

• An Indefinite Delivery, Indefinite Quantity, multiple-award, task order-type contract is contemplated for a period of five years.

• The Government anticipates awarding six contracts from this solicitation on or about:

September 20, 2013.

• Proposals submitted in response to this solicitation must state that they are valid for a period of at least 120 days (reference FAR clause 52.215-1 in Section L of this document.

• The NAICS code for this requirement is: 541990 with a size standard of: 14 Million.

Proposal Submission: The proposal shall be signed by an authorized official to bind your organization and must be received in our Contracts Office by the due date specified on the face page of the RFP. 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 Attn: David Goodno, (301) 427-1782

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.”

Central Contractor Registration: In accordance with Federal Acquisition Regulation, all contractors must be registered in the central contractor registration (CCR) database in order to conduct business with the government [See Section I - FAR clause 52.204-7 Central Contractor Registration]. Note: The System for Award Management (SAM) replaced the Central Contractor Registration (CCR) as of July 2012. Your organization must be registered in the SAM system to conduct business with the Government. Go to www.SAM.gov for more information.

Reminder: The Procurement Integrity Act prohibits the unauthorized disclosure of, inquiry about, or acceptance of procurement information. Communications with any other individual outside the AHRQ contracting office may result in rejection of an offeror’s proposal. All requests for any information concerning this RFP should be referred to David Goodno (301) 427-1782 or e-mail: david.goodno@ahrq.hhs.gov. Please note e-mail requests should state subject as:

RFP: AHRQ-13-10005 Planning, Evaluation, and Analysis IDIQ http://www.sam.gov/� mailto:david.goodno@ahrq.hhs.gov�

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TABLE OF CONTENTS

PART I Pages

Section A Solicitation 1-3 Section B Supplies or Services & Prices/Costs 4-5 Section C Description/Specification/Work Statement 6-9 Section D Packaging and Marking 10 Section E Inspection and Acceptance 10 Section F Deliveries or Performance 11-12 Section G Contract Administration Data 13-16 Section H Special Contract Requirements 17-30

PART II

Section I Contract Clauses 31-38

PART III

Section J List of Attachments 39

PART IV

Section K Representations and Certifications 40-47 Section L Instructions, Conditions & Notices to Offerors 48-63 Section M Evaluation Factors for Award 64-65

Attachments

Attachments listed in Section J are appended at the end of this document.

A. Proposal Intent Response Form B. Past Performance Questionnaire and Contractor Performance Form C. Sample Format for Cost Proposal D. Certificate of Current Cost or Pricing Data E. Disclosure of Lobbying Activities-SF-LLL(See Link Below) http://www.gsa.gov/portal/forms/download/116430

F. Sample RFTO RFTO Attachment #1 RFTO Attachment #2 RFTO Attachment #3 (See RFP Attachment D) http://www.gsa.gov/portal/forms/download/116430�

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SECTION B-SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 BRIEF DESCRIPTION OF SUPPLIES OR SERVICES

“Planning, Evaluation, and Analysis Task Order Contract Recompetition”. See Section C for a complete description.

B.2 TASK ORDERS

This is a Multiple Award, Indefinite Delivery/Indefinite Quantity IDIQ contract. All services will be acquired on an as-needed basis through issuance of Task Orders. Under this IDIQ contract, the minimum is $10,000, while the total maximum amount of all task orders competed and awarded under the program shall not exceed $30 Million over the five (5) year period of this contract. No costs shall be incurred or reimbursed on this contract unless the cost is associated with an approved, signed Task Order.

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;

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

(10) Consultant fees;

(11) Information Technology hardware or software; and

(12) Food and Beverages.

(13) No funding or expenditures are authorized under this contract/task order for travel or meeting expenses of any person that is not an employee of the contractor or approved subcontractor or approved consultant in accordance with the terms of the contract. See 31 USC § 1345 for appropriations restrictions.

Note: Food and Beverages are unallowable costs. Contracting Officer Authorization for

Food and Beverages will be only be made as specifically authorized by statute, which is extremely rare. The contractor shall not provide food or beverages of any type. The contractor shall not accept food or beverages, even if included in, or provided ‘free’ as part of a meeting/conference ‘package’.

b. Travel Costs

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.

The following applies to Educational Institutions: The Contractor shall invoice and be reimbursed for all travel costs in accordance with OMB Circular A-21 - "Cost Principles for Educational Institutions."

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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 as follows:

Background:

The Agency for Healthcare Research and Quality’s mission is to improve the quality, safety, efficiency, and effectiveness of health care for all Americans. Its mission is accomplished through the establishment of a broad base of scientific research activities and through the promotion of improvements in clinical practice and in the organization, financing, and delivery of health care services.

In accomplishing these activities, AHRQ is faced, from time to time, with the need to generate analytical products under relatively tight time periods with a minimum of available staff. These activities typically target high priority issues that are likely to influence programmatic, budgetary, legislative, regulatory, and/or strategic planning decisions.

Statement of Work

Independently and not as an agent of the Government, the Contractor and its subcontractors shall furnish all the necessary services, qualified personnel, material, equipment, and facilities, needed to perform the specific requirements stated in any individual task order issued under this IDIQ contract.

Specific objectives of the Planning, Evaluation and Analysis Task Orders (TOs) completed under this IDIQ vary and may include:

• Preparing evaluation design studies and program evaluations using the most appropriate methods and approaches (key informant interviews, focus groups, case studies, network analysis, other innovative techniques etc.) to be used for, but not limited to, the following:

o Determining the effects of AHRQ’s activities in specific populations as well as general knowledge transfer, diffusion, and adoption.

o Evaluating Agency-sponsored products through targeted, small scale efforts.

o Performing program evaluations including all current portfolios of work (Health Information Technology; Patient Safety; Patient-Centered Health Research/Effective Health Care; Prevention/Care Management Research; Value Research; and Crosscutting Activities Related to Quality, Effectiveness, and Efficiency) and special initiatives (e.g., CAHPS, quality improvement, quality partnerships and learning collaboratives, Knowledge Transfer (KT), and Translating Research into Practice (TRIP), and MONAHRQ, among others).

Planning, Evaluation, and Analysis IDIQ (PEATOC) Page 7 of 65 o Performing quick turnaround analyses such as: secondary data analyses, literature reviews, evaluation syntheses and meta-analyses, and background papers, including those needed for congressionally mandated activities.

o Performing longitudinal evaluations from an activity’s inception through various milestones to outcomes, impacts, and adoption.

o Designing, developing, and/or evaluating data systems to enable the Agency to better determine the efficacy of its activities.

• Conducting economic, cost-benefit, and other types of cost-related analyses.

• Conducting legal and policy analyses and related types of studies.

• Conducting actuarial analyses and related types of studies.

• Developing and implementing customer satisfaction surveys and other agency performance information collection efforts in accordance with Executive Order 12862 on setting Customer Service Standards and P.L. 103-62, the Government Performance and Results Act (GPRA) and its update, the GPRA Modernization Act of 2010, and subsequent OMB, Congressional, and Departmental guidance and requirements.

• Conducting internal management and organizational studies, as well as studies relating to strategic planning, performance measurement, and other analytical tasks pursuant to AHRQ’s responsibilities.

As needed and appropriate, contractors engaging in any of the activities listed above, may at AHRQ’s request, provide technical assistance in the preparation of OMB clearance packages under the Paper Reduction Act of 1995 (PRA).

To enable AHRQ to obtain quick action on needed activities, offerors must possess, either in-house or through available subcontracting arrangements, organizational expertise and experience in the work areas specified above.

Several different types of activities are sought through this IDIQ contract. They are listed briefly above and described in detail below:

• Evaluation activities shall be comprehensive in nature covering all types of program evaluation designs and methodologies. Evaluation design studies and program/product evaluations require the most appropriate methodologies including case studies, network analysis, and innovative techniques that focus on health services research gaps experienced by racial/ethnic minority populations.

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• Evaluations may range from small-scale, short duration with simple evaluation designs, to large-scale, complex, longitudinal evaluation designs lasting upwards of 3 years or longer. Results from these evaluations provide decision-makers—including the Agency, Department of Health and Human Services, Office of Management and Budget, Government Accountability Office, and Congress— valuable information needed to make program and policy decisions.

• Evaluation design studies are needed to help develop strong foundations for subsequent evaluation projects and products. Such studies are particularly important when dealing with complex and/or large scale evaluations.

• Program evaluations are needed to determine the outcomes and effects of AHRQ’s activities including knowledge transfer, diffusion, and adoption. Evaluations might focus on assessing the impact of AHRQ’s activities and research findings related to clinical guidelines, provider and consumer behavior, dissemination and use of Agency products, and identifying the current state of knowledge on an issue of interest to the Agency, and the impact of AHRQ’s research activities on health disparities reduction. Evaluations may be formative or summative in nature.

• Economic, cost-benefit, and other types of cost-related analyses:

These highly quantitative types of analyses will help to determine the impact of AHRQ efforts and the relative benefit to be derived from the implementation of AHRQ findings/recommendations. Original data collection may be required.

• Legal and policy analyses:

Legal and policy analyses may be required to summarize and/or analyze legislative or regulatory issues affecting system delivery, health policies or the implementation of health reforms. This could include studies of insurance or anti-trust issues, public/private partnerships, technology translation of AHRQ-funded research, medical liability, workers compensation, disability law, etc.

• Actuarial analyses and related types of studies:

Estimating and projecting the effects of market changes and new policies across populations and sub-populations (including racial/ethnic minorities), and care delivery systems often requires specialized analysis of data sets and the application of actuarial estimating techniques.

• Customer satisfaction surveys and other agency performance information:

Customer satisfaction surveys and other agency performance information collection efforts in accordance with Executive Order 12862 on setting Customer Service Standards and P.L. 103-62, the Government Performance and Results Act (GPRA).

Consumer satisfaction surveys and focus groups will help to determine the effect of Agency activities as well as identify areas of interest for future work. Consumer

Planning, Evaluation, and Analysis IDIQ (PEATOC) Page 9 of 65 satisfaction surveys, in particular, will also help to further the science of health care consumer satisfaction surveys as a medium for measuring attitudes toward health care services.

• Internal management, organizational studies and strategic planning:

Internal management and organizational studies, as well as strategic planning and performance measurement, and other analytical tasks pursuant to AHRQ’s responsibilities.

Management and strategic planning types of studies will enable the organization to better manage its resources, target its resources to achieve agreed upon future goals, and maximize its expenditures. Sound strategic planning will enable AHRQ to adopt and maintain a relevant, logical, feasible, and efficacious course for the future.

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SECTION D - PACKAGING AND MARKING

All deliverables required under this contract shall be packaged, marked and shipped in accordance with Government specifications. At a minimum, all deliverables shall be marked with the Contract Number, Contractor Name and Item Number. The Contractor shall guarantee that all required materials shall be delivered in immediate usable and acceptable condition. Note as appropriate on the face page of each deliverable, or on the binding, (1) one volume only, or

(2) volume 1 of 2, etc.

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 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 clauses by reference, with the same force and effect as if it were given in full text. Upon request, the Contracting Officer will make their full text available.

FAR Clause No. Title and Date

52.246-5 Inspection of Services-Cost

Reimbursement (April 1984)

52.246-4 Inspection of Services-Fixed Price

(August 1996)

52.246-6 Inspection Time-and Material and

Labor Hour (May 2001)

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SECTION F - DELIVERIES or PERFORMANCE

F.1 PERIOD OF PERFORMANCE

The ordering period shall begin on 9/21/2013 and run through 09/20/2018.

F.2 DELIVERABLE SCHEDULE

The items specified for delivery below are subject to the review and approval of the Government Task Order Officer before final acceptance. Items #1 and 2 shall be provided to the Task Order Officer as electronic and hard copy. In addition, the Contract Specialist shall receive one copy of each progress report and final report/deliverable. The contractor shall be required to make revisions deemed necessary by the Task Order Officer.

The Contractor shall produce the following scheduled reports/deliverables in the amount, and within the time frame indicated. Complete delivery instructions will be provided with each Task Order awarded. The Contractor shall produce the following items in accordance with the stated deliverables schedule:

Item Description Quantity/Delivery Date

1 Administrative, progress, and financial reports As specified in each task order

2 All other deliverables identified in each task order As specified in each task order

Agency for Healthcare Research and Quality Attn: Contract Specialist Division of Contracts Management 540 Gaither Road, Suite 4000 Rockville, MD 20850

Agency for Healthcare Research and Quality Attn: Task Order Officer

Rockville, MD 20850

In addition, one electronic and one hard copy of final reports and all other deliverables shall be submitted to the Contracting Officer’s Representative at the address below.

Agency for Healthcare Research and Quality Attn: COR (To be completed at time of award) 540 Gaither Road, Suite 4000 Rockville, MD 20850

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F.3 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates the following 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.

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

52.242-15, Stop Work Order (AUG 1989) with Alternate I (APRIL 1984)-Cost Reimbursement and Time & Material/Labor Hours.

52.242-15, Stop Work Order (AUG 1989) – Fixed Price

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SECTION G - CONTRACT ADMINISTRATION DATA

G.1 KEY PERSONNEL, HHSAR 352.242-70 (January 2006)

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 Determined)

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 REPRESENTATIVE (COR) & TASK ORDER OFFICER (TOO)

The following Contracting Officer’s Representative(s) and Task Order Officer(s) will represent the Government for the purpose of this contract:

NAME TITLE

(To Be Completed at Time of Award)

(TASK ORDER OFFICER DESIGNATION PER TASK ORDER)

The Contracting Officer’s Representative and Task Order Officer is/are 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 Representative or Task Order Officer 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

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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 2008).

Invoices/financing requests shall be submitted in an original and two (2) copies to:

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

Rockville, Maryland 20850

G.5 INFORMATION ON INVOICES

a. Information on Invoices – Cost Reimbursement

(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.

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(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:

Program Support Center Twinbrook Place DFO Accounting Operations, Suite 200 12501 Ardennes Avenue Rockville, Maryland 20857 Telephone Number (301) 443-3020

b. Information on Invoices – Fixed Price

(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) Payment shall be made by:

Program Support Center Twinbrook Place DFO Accounting Operations, Suite 200 12501 Ardennes Avenue Rockville, Maryland 20857 Telephone Number (301) 443-3020

G.6 INDIRECT COST RATES and FEE

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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.7 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.

Note: The System for Award Management (SAM) replaced the Central Contractor Registration (CCR) as of July 2012. The Contractor shall designate the financial institution for receipt of electronic funds transfer payments in the SAM system at https://www.sam.gov/ This designation shall be submitted, in writing, to the finance office designated in the contract.

G.8 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.9 GOVERNMENT PROPERTY

If orders awarded under this contract will result in the acquisition or use of Government Property provided by the contracting agency or if the Contracting Officer authorizes in the preaward negotiation process, the acquisition of property (other than real property), the HHS Publication, entitled, “HHS Contracting Guide for Contract of Government Property” shall apply. Please note that the contractor shall provide ALL property required to perform all requirements under the task order. Only in limited circumstances shall property be approved. Refer to FAR 45.102 for additional information.

https://www.sam.gov/� https://www.cpars.csd.disa.mil/�

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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 Contracting Officer’s Representative and Contract Officers regarding the proposed release or use. 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.

The purpose of such consultation is to assure that:

(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.

(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

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(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) CONTRACT# .

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.

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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 all terms and conditions of this contract, especially Section H. 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.

*(Please note: The Consolidated Appropriations Act of 2012, which restricts the amount of direct salary, was revised from Executive Level I to Executive Level II.)

(b) For purposes of the salary rate limitation, the terms ‘‘direct salary,’’ ‘‘salary,’’ and ‘‘institutional base salary’’ have the same meaning and are collectively referred to as ‘‘direct salary’’ in this clause. An individual’s direct salary is the annual compensation that the Contractor pays for an individual’s direct effort (costs) under the contract. Direct salary excludes any income that an individual may be permitted to earn outside of duties to the Contractor. Direct salary also excludes fringe benefits, overhead, and general and administrative expenses (also referred to as indirect costs or facilities and administrative [F&A] costs).

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(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 TASK ORDER SELECTION CRITERIA AND PROCEDURES

All work required under this contract will be authorized through the issuance of task orders (TOs). The Contractor will be required to provide services under the resultant contract only in performance of task orders and modifications to task orders signed by a Contracting Officer.

Orders shall be within scope, issued within the ordering period, and be within the maximum value of the contract. Task Orders may issued and awarded on a cost reimbursement, firm-fixed price or performance-based cost plus award fee basis. Costs for the preparation of Task Order proposals shall not be reimbursed as a direct cost under the resultant order. The government has no obligation to issue any task orders, beyond the minimum identified in SECTION B of the contract. In the event of conflict between a task order and this contract, the contract shall control.

Procedures for Issuance of TOs

1. Each Contractor/Awardee will be provided a fair opportunity to be considered for each TO. In accordance with FAR 16.505, Awardees may not be given an opportunity to be considered for requirements in excess of $3,000 if one of the following conditions applies:

A. The Agency need for supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays;

B. Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized;

C. The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order;

D. It is necessary to place an order to satisfy a minimum guarantee;

E. A statute expressly authorizes or requires that the purchase be made from a specified source; or

F. The order is set aside for any of the small business concerns identified in FAR 19.000(a)(3).

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2. Requests for Task Order (RFTO) Proposals will be issued by the Government, in writing, primarily through electronic mail but may also be issued by facsimile or mail. Contractors are required to have internet or external electronic mail capabilities.

3. Contractors will be provided adequate time to prepare and submit responses. A cost proposal and a discussion of technical approach to complete the Statement of Work shall generally be submitted within twenty (20) calendar days.

Occasionally, Contractor’s may be requested to reply within a shorter amount of time. Streamlined procedures, including oral presentations may be used.

4. The Contractor may elect not to submit a proposal on a particular TO. Such election will not preclude the Contractor from an opportunity to submit proposals on future TOs.

5. Each RFTO will indicate the criteria for the evaluation of proposals. The proposals shall respond to each criterion. Generally, the Contractor may be asked to demonstrate the following as appropriate:

• Understanding of the requirement;

• Technical approach, methods and procedures for satisfying the requirement;

• Types of final products anticipated

• Staffing plan with skill levels and time for each individual proposed

• Management plan, including meeting requirements and schedules, and performance measures (if applicable)

6. The determination of award of the TO will be based on best value; including technical merit, past performance, cost, and any other relevant factors. Upon completion of evaluations, the Contracting Officer will select the Contractor whose proposal is determined to be the best value to the Government.

7. The Contracting Officer will issue a formal TO for signature. The Contractor shall not proceed with performance until the Contracting Officer has signed the TO.

8. The Contractor’s performance of the TO is subject to the terms and conditions in the IDIQ contract. The TO may be modified only by the Contracting Officer.

9. A Task Order Officer (TOO) will be designated for each TO issued under this contract. The TOO will function as principle technical liaison between the Contracting Officer and the Contractor's Project Manager.

10. Protests are not authorized in connection with the issuance or proposed issuance of a TO except for a protest on the ground that the order increases the scope, period, or maximum value of the contract under which the order is issued.

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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 ELECTRONIC AND INFORMATION TECHNOLOGY ACCESSIBILITY,HHS AR

352.239-73(b), (J ANUARY 2010)

(a) Pursuant to Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), as amended by the Workforce Investment Act of 1998, all electronic and information technology (EIT) products and services developed, acquired, maintained, or used under this contract/order must comply with the “Electronic and Information Technology Accessibility Provisions” set forth by the Architectural and Transportation Barriers Compliance Board (also referred to as the “Access Board”) in 36 CFR Part 1194. Information about Section 508 is available at http://www.section508.gov/. The complete text of Section 508 Final Provisions can be accessed at http://www.access-board.gov/sec508/standards.htm.

(b) The Section 508 accessibility standards applicable to this contract/order are identified in the Statement of Work/Specification/Performance Work Statement. The Contractor must provide a written Section 508 conformance certification due at the end of each contract/order exceeding $150,000 when the contract/order duration is one year or less. If it is determined by the Government that EIT products and services provided by the Contractor do not conform to the described accessibility standards in the Product Assessment Template, remediation of the products or services to the level of conformance specified in the Contractor’s Product Assessment Template will be the responsibility of the Contractor at its own expense.

(c) In the event of a modification(s) to this contract/order, which adds new EIT products or services or revises the type of, or specifications for, products or services the Contractor is to…