Tutoring SOW.docx

Attachment 1

STATEMENT OF WORK

National Institutes of Health Clinical Center NIH Children’s School - Patient Tutoring Services

SECTION 1: PURPOSE

The purpose of this SOW requirement is to obtain instructional tutoring services at The NIH Clinical Center located in the National Institutes of Health (NIH), 10 Center Drive, Bethesda, MD 20892 for school age children, ages 5 through 18, who are participating in clinical research at the NIH Clinical Center and as a result, are hospitalized for prolonged periods of time and unable to attend a regular school program.

SECTION 2: BACKGROUND INFORMATION

The vision of the National Institute of Health (NIH) Clinical Center is to serve as the nation’s premier research hospital for conducting clinical research to improve the health of human kind. Its mission is to serve as a national resource for clinical research by developing diagnostic and therapeutic interventions, enhancing systems to ensure the safe, efficient, and ethical conduct of clinical research, training clinical researchers, and leading the response to the nation’s public health needs.

In 2005, the Mark O. Hatfield Clinical Research Center was opened. The state of the art facility is home to new inpatient units, day hospitals and research labs and connects to the existing Warren Grant Magnuson Clinical Center, which opened its doors to patients in 1953. Together, the Magnuson and Hatfield centers form the NIH Clinical Center, the world's largest clinical research complex, serving a dual role: providing humane and healing patient care, and an environment for clinical researchers to advance clinical science.

The NIH Clinical Center is a 240-bed research hospital funded through the budgets of the individual institutes of the NIH. In supporting approximately 1,400 active clinical research protocols, the Clinical Center admits patients from around the country and the world who participate in experimental treatments and studies. In 1953, the NIH Clinical Center established the NIH Children’s School to support the school age patients. The goal is to maintain the continuity of education between the student’s home school and the NIH Children’s School. School is the major activity of children between the ages of 5 and 18. An early return to school reinforces a child’s well being. It also prevents children from falling behind others the same age in learning and development. Often the parents/guardians of patients wonder how their child’s education will continue in a health care setting. The NIH Children’s School addresses that concern. Since it was established, the NIH Children’s School services have been provided via a contract with the Montgomery County Public School, Department of Student Services, and Home and Hospital Teaching. The majority of the current student population is participating in protocols funded by the National Institute of Allergy and Infectious Diseases, National Institute of Arthritis and Musculoskeletal and Skin Disease, National Human Genome Research Institute, National Cancer Institute, National Heart, Lung, and Blood Institute, National Institute of Child Health and Development, and the National Institute of Mental Health. The overall objective of this requirement is to obtain qualified personnel to continue to support educational instruction of school age patients participating in clinical research at the NIH Clinical Center.

SECTION 3: OBJECTIVES

The Contractor shall furnish qualified professional instructional staff to instruct the student patient population for standard grades: kindergarten through 12th grade, English as a second other language (ESOL), and General Educational Development (GED) for pediatric behavioral and pediatric non-behavioral patients. The Contractor shall provide the required services in a clinical research hospital setting. Patients who are participants in The NIH Children’s School include, but are not limited to, school age inpatients and outpatients. Participants are diagnosed with mental disorders and physical diseases and are often terminally or critically ill.

Over the last five years, The NIH Children’s School has provided on average, 3,936 teaching hours to an average of 84 students per year (see Attachment 1: NIH Children’s School Statistics). The NIH School population is based on a variety of active protocols which requires flexible staffing that will accommodate staffing levels that will align with dynamic needs. Services will be conducted in the most suitable environment for the patient: classroom, on a patient care unit, in the day hospital or clinic, or at the bedside. Approximately half of the students are in protocols that allow them to receive NIH Children’s School services in the main classroom or at the bedside; the other half receive NIH Children’s School services on the pediatric behavioral health care unit.

The main classroom is currently located in an inviting school room atmosphere occupying a 566 square foot area of the first floor of the Mark O. Hatfield Clinical Research Center in room 1-5672. The NIH Children’s School provides instruction based on a typical academic calendar; September to June.

Students seen on the pediatric behavioral research unit are provided a 12-month/year round instructional services. This 8-bed secured unit is a behavioral health research unit of the National Institute of Mental Health focusing on the care of children and adolescents with childhood onset schizophrenia and mood disorders. Teachers are active participants in the multidisciplinary team that supports the overall care of the patients.

Patients using instructional services in the classroom can include outpatients who are physically located at The Children’s Inn, at the NIH Bethesda campus within walking distance of the Clinical Center and their health care staff. The Children's Inn is a residential "place like home" for sick children and their families. Children come from across the country and around the world to stay together with their families in The Inn's healing environment while receiving groundbreaking medical treatments at the NIH. While the NIH Clinical Center serves the child's medical needs, The Children’s Inn focuses on the child's heart, soul and spirit. Specific to this contract, The Children’s Inn supports the educational needs of patients and their siblings. The contractor collaborates with The Children’s Inn staff to achieve the best instructional service for the patients.

This contract will be award as labor hour order. The order(s) may be awarded to two separate qualified contractors. There is a natural division of services between pediatric behavioral and pediatric non-behavioral health that could result in multiple contract awards if it is beneficial to the government.

Period of Performance: The period of performance is for six month period while a long term contract is finalized. Projected start date is September 26, 2012.

SECTION 4: CONTRACTOR REQUIREMENTS

A. Performance of the contractor as outlined in the agreement shall include:

1. Provide role of coordinator for the NIH Children’s School, subject to the approval of the designated NIH Contract Officer’s Representative.

2. Furnish qualified teachers for the NIH Children’s School with input from the NIH Children’s School coordinator, subject to the approval of the NIH Contract Officer’s Representative to support the required level of services.

3. Provide instructional services which support the NIH Children’s School goal of maintaining the continuity of education between the student’s home school and the NIH Children’s School.

a. Provide teaching services as requested by the Clinical Center between the hours of 8:00 A.M. and 7:00 P.M., Monday through Friday, excluding federal holidays. The school core hours are 9:00 A.M. to 3:00 P.M. but teaching hours can fluctuate based on student’s needs.

b. Standard (Non pediatric behavioral health research unit) services shall open and close the NIH School in concert with the Montgomery County Public School calendar.

c. NIH school teachers are required to work one day prior to opening and one day after closing for the purpose of organizing the NIH Children’s School.

d. Pediatric behavioral health research unit services shall provide, teaching activities, as outlined in section A.4.

4. Provide instructional activities on the pediatric behavioral health research unit which is a behavioral health research unit of the National Institute of Mental Health. This is an 8-bed unit in which the teachers are active participants in the multidisciplinary team that supports the overall care of the patients. The unit’s focus is the care of children and adolescents with childhood onset schizophrenia and mood disorders. Students in this unit represent approximately half of the teaching hours historically provided in support of the contract. Teacher requirements are defined in Section C below.

5. At the request of the NIH Contract Officer’s Representative designate/provide a substitute coordinator in the event that the current coordinator is away for an extended period of time due to illness, sabbatical, or resignation. The NIH Contract Officer’s Representative must be consulted and concur with the proposed substitute.

6. Provide administrative support to maintain NIH Children’s School teacher personnel records.

B. The NIH Children’s School coordinator shall be responsible for the following functions:

1. Supervise, assign, and schedule the NIH Children’s School teachers to fulfill all educational requirements.

2. Arrange/provide a substitute teacher for each teacher who is absent.

3. Ensure that patients and their family members are aware of the opportunity for the patient to receive educational services through the NIH Children’s School.

4. For purposes of internal resource tracking and management controls, maintain records and certify statement of teachers’ time and attendance, teaching, and other designated functions as outlined in Section C below.

5. Discuss administrative problems with the designated NIH Contract Officer’s Representative.

6. Maintain the NIH Children’s School educational materials inventory.

7. Stay up to date with technological and educational initiatives that could enhance the service provided to the students: communicate these ideas and potential improvements to the Contract Officer’s Representative for consideration by the NIH Clinical Center.

8. The Coordinator may also serve in the role as teacher.

C. The NIH Children’s School teachers shall be responsible for the following functions in addition to teaching activities:

1. Contact with the student’s home school teacher(s) to discuss student’s course of study to include:

a. Sharing the purpose of the NIH Children’s School with principals, counselors, and teachers.

b. Student needs, tests/exams, and assignments

2. Complete educational assessment of student’s current education/academic status

3. Supervise academic work sent from student’s home school or provide appropriate school work to include adapted or remedial instruction, if needed.

4. Develop individual education plans as needed.

5. Daily preparation of student’s lessons for at least 15 minutes per hour of instruction. Preparation to include, but not limited to:

a. Complete educational assessment

b. Text selection

c. Reading requirements

d. Test preparation

e. Materials preparation

f. Writing correspondence

g. Maintaining student’s records

h. Conferring with the NIH teachers and students’ home teachers to include making recommendations to student’s home school

6. Attend meetings with NIH Children’s School staff, NIH Clinical Center staff, the Children’s Inn staff, and hold parent-teacher conferences. Handle pertinent correspondence and telephone conversations. Attend routine multi-disciplinary meetings and conferences when requested by the NIH medical staff. The multi-disciplinary teams can include the medical staff, social workers, recreational therapists, and psychiatrists.

7. Collaborate with The Children’s Inn Education Program Coordinator to coordinate the educational services received from the NIH Children’s School and The Children’s Inn.

8. Complete mandatory training requirements as identified. The current requirements are identified in Section K.

9. Provide reporting requirements and deliverables as identified in Section J.

10. Attend in-service NIH training seminars as requested by the NIH clinical staff with the approval of the NIH Contract Officer’s Representative.

11. Follow isolation requirements for students seen while in isolation due to their particular treatment.

D. Staffing Requirements: The contractor shall provide sufficient staffing to service the NIH Children’s School during the defined hours of service. One Coordinator shall be provided. Individual or their designee will have responsibility for all service and staff at all times and shall be available the equivalent of forty (40) hours each week.

E. Hiring Requirements: Staff must have a high degree of professionalism and interest in the students achieving their educational goals as well as supporting their participation in the clinical research protocol.

F. Coordinator must have a four year bachelor’s degree or master’s degree from an Institution of Higher Education, preferably in education or a related field. A Master’s degree in Education is preferred. Experience in supervision and performance management strongly recommended. A minimum of two years of work experience within the last 5 years managing or supervising staff is preferred.

Teachers must have a four year bachelor’s degree or master’s degree from an Institution of Higher Education, preferably in education or a related field. Certification from the Maryland State Department of Education is not a requirement, however, it is preferred that teachers are working toward this or an equivalent certification. A minimum of one year work experience providing instruction Teachers selected should result in a variety of academic knowledge and skill sets to support instructional services needed ranging from Kindergarten to High School, including the ability to instruct English as a second language (ESOL).

All staff are required to be fluent in English in both written and oral communications.

It is preferred that at least one teacher is proficient in Spanish due to 80 – 90% of non-English speaking patients/family members speak Spanish.

At least one of the Teachers supporting the behavioral health research unit is required to have training in special education with respect to developmental disorder and social/emotional functioning. The current studies include children who are quite impaired and could not attend regular school. The teachers must have an interest in participating in a multidisciplinary clinical team on a regular basis. The students can remain as inpatients for 3 – 4 months and their ages range from 7 to 17. When possible, the students are taught in groups. Teachers, staff, and patients meet daily to discuss the goals for that day. Morning and afternoon teaching sessions are attended by two different groups. The duration of each session is 2 -3 hours. In addition to providing the standard reports to the home school, the teachers provide a detailed report of the student’s progress for the clinical staff, families, and home school. Teachers need to be highly creative and flexible to maintain the student’s motivation.

G. Personal Appearance: An NIH Identification Badge shall be worn and visible at all times. Appropriate office attire is required for all contractor staff working at the Clinical Center. NIH Children’s School staff will be interacting with patients, visitors, and staff and it is important that staff dress appropriately for a customer-focused health care setting. Staff are required to dress in accordance with professional business attire appropriate for the duties to be performed. The NIH does not pay for security clearances, physicals, or related requirements that may be required for personnel to be accepted for agreed upon assignments.

H. Non-Smoking Requirement: The Contractor shall be responsible for compliance with the following tobacco-free policy at the NIH Bethesda Campus:

Effective October 1, 2008, the use of all tobacco products (including cigarettes, cigars, pipes, smokeless tobacco, or other tobacco products) is prohibited at all times:

· In all buildings

· On all outside property or grounds, including parking areas;

· In government vehicles

I. All contract employees are subject to applicable policies and regulations of the Clinical Center Employee Handbook, the DHHS Standards of Conduct, and the List of Government-Owned Property.

J. Reporting Requirements and Deliverables The contractor shall provide the following reports. The reports shall be provided in electronic spreadsheet form to be transmitted to the Contract Officer Representative via email. The contractor shall provide the report for the approval of the Contract Officer Representative. Other productivity indicators may also be requested. All reports for the previous month are due by the 15th of the current month. Weekly reports for the previous month may all be submitted at the same time, but not later than the 15th of the current month.

Timesheets indicating the staff hours indicating services provided per student and Institute/Center

Activity Time spent for each student by Institute/Center, customer type (patients, patient family/visitors, staff)

New Employee Report

K. Mandatory Training Orientation: Each person selected to work at the Clinical Center must receive an orientation to the position and the Clinical Center. The government will provide the training listed below. Attendance by Contractor employees is mandatory.

NIH/CC Orientation

NIH EEO On-line Training Sexual Harassment Prevention, Disability Awareness, Diversity Management in the Workplace

NIH Government Ethics Online Training

CC Safety and Emergency Procedures

1) Infection Control

2) Universal Precaution

3) Emergency Procedures

4) Hazard Communications

5) Patient Safety Required upon entry

Annual review required Annual review required Annual review required Annual review required Annual review required

CC Patient Confidentiality

CC Diversity Appreciation and Communications

CC Performance Improvement

CC Customer Service

Initial CC training shall be completed within 30 days of the initial start date. Certificates of completion shall be sent from the contract staff to the contract supervisor during initial orientation and annually as required. The Contract Officer’s Representative will notify the Contractor of any additional training requirements.

L. Security and Privacy of Information

M. Infectious Disease Compliance Report

All employees covered under this contract shall follow all rules and regulations for infectious disease control.

The contractors must ensure that they comply with all applicable federal and state government regulations regarding control of infectious disease in health care facilities (Note: This requirement does not apply to offsite non-patient employees). Contractors should consult the specific regulations for further details, exemptions, documentation, and record keeping requirements. Specific examples include, but are not limited to:

Contractors must ensure that they comply with all applicable federal and state government regulations regarding control of infectious diseases in health care facilities. Contractors should consult the specific regulations for further details, exemptions, documentation, and record keeping requirements. Specific examples include, but are not limited to:

· Hospital workers must have proof of rubeola (measles) immunity. Workers born after 1956, working at least 20 hours each week, who are newly retained as medical staff, direct or contractual employees, or volunteers shall have documentation of receipt of either one dose of live measles virus vaccination or proof or immunity by blood test for antibody to rubeola (Health-General Article, §19-307, Annotated Code of Maryland). The contractor shall keep the measles vaccination or immunity status of each worker on file.

· Workers with occupational exposure to blood or other potentially infectious materials shall have hepatitis B vaccine unless the employee has previously received the complete hepatitis B vaccination series, antibody testing has revealed that the employee is immune, or the vaccine is contraindicated for medical reasons. Employees who decline to accept the hepatitis B vaccination must sign the mandatory declination, as specified in the OSHA standard. The contractor shall maintain these records for at least the duration of employment plus 30 years, in accordance with the standard. (29 CFR Part 1910.1030, OSHA Occupational Exposure to Bloodborne Pathogens; Final Rule, Federal Register, Friday, December 6, 1991. pp.64174-64182).

· Workers with occupational exposure to blood or other potentially infectious materials must receive annual training in Universal Precautions. For workers in the Clinical Center and/or credentialed to provide patient care, this training is routinely offered by the Hospital Epidemiology Service (HES). Contractors must either provide annual training to their employees with occupational exposure or ensure that they receive training through the HES. Contractors must maintain training records for three years, according to the standard. (29 CFR Part 1910.1030, OSHA occupational Exposure to Blood borne Pathogens; Final Rule, Federal Register, Friday December 6, 1991, pp. 64174-64182).

· Workers who have the potential for exposure to M. tuberculosis shall receive counseling, screening, and evaluation. These workers include: persons who routinely have patient contact or who enter patient rooms or examination or treatment rooms; persons who are exposed to M. tuberculosis in a laboratory or morgue; or persons who work in a primate animal care setting. Workers who have positive purified protein derivative (PPD) skin test results, PPD test conversions, or symptoms suggestive of TB should be identified, evaluated to rule out a diagnosis of active TB, and started on therapy or preventive therapy if indicated. The results of pre-placement and periodic PPD testing must be kept in a retrievable aggregate database, and PPD test conversion rates for each specific occupational group or each area of the hospital must be calculated at appropriate intervals (at least annually). To calculate PPD test conversion rates, the total number of previously PPD-negative workers tested in each area or group (i.e., the denominator) and the number of PPD test conversions among workers in each area or group (the numerator) must be obtained. These data must be reported to the Hospital Epidemiology Service as requested. (Centers for Disease Control and Prevention. Guidelines for preventing the transmission of Mycobacterium tuberculosis in health-care facilities, 1994. MMWR 1994; 43 (No. RR13): pp 1-132).

· Workers with occupational exposure to blood or other potentially infectious materials shall be offered post-exposure evaluation and follow-up. The contractor shall maintain these records for at least the duration of employment plus 30 years, in accordance with the standard. (29 CFR Part 1910.1030, OSHA Occupational Exposure to Blood borne Pathogens; Final Rule, Federal Register, Friday December 6, 1991, pp. 64174-64182). The NIH Occupational Medical Service provides emergency clinical evaluation and treatment to NIH employees, non-NIH workers, and visitors on campus who report an exposure to potentially infectious materials. If the exposure involves a primate retrovirus, OMS also offers chemoprophylaxis and serologic monitoring. Contractors are responsible for follow-up of exposures other than those involving primate retroviruses.

· Any contract employee physically working in building 10, whether or not they have occupational exposure to M. tuberculosis, must have a pre-placement PPD skin test and those with positive PPD tests must be evaluated as described above.

· Contract workers with patient contact must have a pre-placement evaluation for history of chickenpox (varicella) and/or receipt of varicella vaccine. The contractor shall keep the varicella history and/or vaccination status of each worker on file.

N. NIH Identification and Parking Employees hired to work under this contract will be citizens of the United States or, if aliens have the appropriate permits to work. Employees must be fluent in the English language. It is the Contractor’s responsibility to perform past performance reference checks in order to insure a secure and safe work environment for NIH.

Each employee selected by NIH/CC to work under this contract must comply with the identification requirements listed below:

· Obtain a request for DHHS Identification Badge and parking permit for Contractors with the Contract Officer’s Representative’s signature.

· Obtain Identification Badge on the first day of employment.

· Insure that each employee obtains timely renewal of the DHHS ID badge if it expires and contractor is still employed through this contract.

· Return DHHS ID badges and parking permits upon dismissal of an employee or at the termination of the contract.

Each employee will receive a general parking permit. The Contractor employee shall abide by all the rules and regulations as set forth by the NIH Police and Parking Office.

Government Responsibilities

The Government will furnish the following facilities, equipment, furniture, supplies, services and training to the contractor for use in direct performance of the contract:

· Adequate space for teaching tables, chairs, displays, and shelving which has the capacity to hold approximately textbooks, maps, and other educational materials

· Adequate storage space for student files and miscellaneous school program materials.

· A small compact refrigerator is provided for storing medications or food items

· Funding up to $1,000 per contract year to purchase class room materials to include text books, subscriptions to on-line databases, and other educational materials in

· Furniture to include table, chairs, bookshelves, to support the functionality of the school program

· One patient use computer and printer

· One Teaching coordinator desk computer and printer

· Fax/Copier/Scanner

· Printer

· Microsoft Office software applications

Training:

· NIH and CC Orientation Training and annual mandatory training Supplies:

· Text books

· Dictionary

· NIH Identification Card

· Parking Permits

· Toner

· Printer paper

· Kleenex

· Avagard D Hand pumps

· Asepti-wipe canisters

· Hand gloves

· Yellow Gowns

· Face masks

· Paper towels Services:

· Internet access

· IT Support and email accounts

· Epidemiology support (reports on contact isolation patients)

· Facilities Management services

· Safety Officer support

Note: If problems arise with any of the above, the Contractor shall notify the Contracting Officer Representative.

Performance Standards and Measures

Inspection and acceptance will be the responsibility of the Contract Officer Representative or appointed designee.

Performance Requirement

Performance Standard

Performance Measurement

· Measured quarterly

· Administered by a random survey of patient/family members and staff

· Measured quarterly or by complaints and comments registered by NIH staff.

· Administered by a random survey of patient/family members and NIH staff

· Measured quarterly or by complaints/comments registered

· Administered by a random survey of patient/family members and staff

· Measured quarterly or by complaints and comments registered by NIH staff.

Invoice Requirements The invoices should contain the following information and be sent to the addresses listed below. Inquiries regarding payment of the invoices should be directed to the Office of Financial Management payment office at (301) 496-6088.

1. One invoice per month (itemized) for all staff contracted at the Clinical Center

2. List name of employee

3. Dates worked

4. Exact hours worked

5. Bill Rate per Hour

6. Differential Pay, if applicable

7. Copy of employee’s timecard signed by supervisor

8. Subtotal for each employee

9. Total for entire invoice

The contractor shall submit the original and a copy of the invoices concurrently as follows:

· An original to the following designated payment office:

National Institutes of Health Office of Financial Management Commercial Accounts, Room 4B-432 2115 East Jefferson Street MSC 8500 Bethesda, Maryland 20892-8500

· One copy to the Administrative Officer at:

National Institutes of Health Clinical Center, Office of the Director 10 Center Drive, MSC 1504 Building 10/CRC, Room 6-3581 Bethesda, Maryland 20892

· One copy to the Contracting Officer at the following address:

Contracting Officer National Institutes of Health Clinical Center, Office of Purchasing and Contracts 6707 Democracy Boulevard MSC 5480 Bethesda, MD 20892-5480

NIH Information and Physical Access Security Acquisition/Solicitation Language Rev. -- 08/31/2010 (CC update 8/03/2011) applicable to NIH Children’s School - Patient Tutoring Services

**** (INCLUDE THE ARTICLE BELOW IN ACQUISITIONS AND SOLICITATIONS WHEN ANY OF THE FOLLOWING PRESCRIPTIONS APPLY.) ****

NOTE: When security requirements relevant to the acquisition need to be included, the Project Officer (PO), I/C Information Systems Security Officer (ISSO), and I/C Privacy Officer will assist the acquisitions staff in selecting the appropriate language

1. PERSONALLY IDENTIFIABLE INFORMATION (PII):

Include when contractor/subcontractor personnel will have access to, or use of, Personally Identifiable Information (PII), including instances of remote access to or physical removal of such information beyond agency premises or control. For additional information, see:

OMB Memorandum M-06-15, Safeguarding Personally Identifiable Information (05-22-06):

http://www.whitehouse.gov/omb/memoranda/fy2006/m-06-15.pdf

OMB Memorandum M-06-16, Protection of Sensitive Agency Information (06-23-06):

http://www.whitehouse.gov/OMB/memoranda/fy2006/m06-16.pdf

OMB Memorandum M-06-19, Safeguarding Against and Responding to the Breach of Personally Identifiable Information:

http://www.whitehouse.gov/omb/memoranda/fy2006/m06-19.pdf

OMB Memorandum M-10-22, Guidance for Online Use of Web Measurement and Custom Technologies (06-25-2010):

http://www.whitehouse.gov/sites/default/files/omb/assets/memoranda_2010/m10-22.pdf

OMB Memorandum M-10-23, Guidance for Agency Use of Third-Party Websites and Applications (06-25-2010):

http://www.whitehouse.gov/sites/default/files/omb/assets/memoranda_2010/m10-23.pdf

Guide for Identifying Sensitive Information, including Information in Identifiable Form, at the NIH: http://ocio.nih.gov/security/NIH_Sensitive_Info_Guide.pdf

2. PHYSICAL ACCESS TO A FEDERALLY-CONTROLLED FACILITY:

Include when contractor/subcontractor personnel will have regular or prolonged physical access to a “Federally-controlled facility,” as defined in FAR Subpart 2.1. For additional information, see:

Homeland Security Presidential Directive/HSPD-12, Policy for a Common Identification Standard for Federal Employees and Contractors (08-27-04):

http://www.whitehouse.gov/news/releases/2004/08/print/20040827-8.html

OMB Memorandum M-05-24, Implementation of Homeland Security Presidential Directive (HSPD) 12 – Policy for a Common Identification Standard for Federal Employees and Contractors (08-05-05): http://www.whitehouse.gov/omb/memoranda/fy2005/m05-24.pdf

Federal Information Processing Standards Publication (FIPS PUB) 201-1 (Updated June 26, 2006): http://csrc.nist.gov/publications/fips/fips201-1/FIPS-201-1-chng1.pdf

ARTICLE H. . NIH INFORMATION AND PHYSICAL ACCESS SECURITY

This acquisition requires the Contractor to

· have regular or prolonged physical access to a “Federally-controlled facility,” as defined in FAR Subpart 2.1.

The Contractor and all subcontractors performing under this acquisition shall comply with the following requirements:

c. Position Sensitivity Designations

The following sensitivity level(s), clearance type(s), and investigation requirements may apply to this contract:

[ ] Level 6: Public Trust - High Risk. Contractor/subcontractor employees assigned to Level 6 positions shall undergo a Suitability Determination and Background Investigation (BI).

[ ] Level 5: Public Trust - Moderate Risk. Contractor/subcontractor employees assigned to Level 5 positions with no previous investigation and approval shall undergo a Suitability Determination and a Minimum Background Investigation (MBI), or a Limited Background Investigation (LBI).

[ X] Level 1: Non-Sensitive Contractor/subcontractor employees assigned to Level 1 positions shall undergo a Suitability Determination and National Agency Check and Inquiry Investigation (NACI).

The Contractor shall submit a roster by name, position, e-mail address, phone number and responsibility, of all staff (including subcontractor staff) working under this acquisition where the Contractor will develop, have the ability to access, or host and/or maintain a federal information system(s). The roster shall be submitted to the Project Officer, with a copy to the Contracting Officer, within 14 calendar days of the effective date of this contract. Any revisions to the roster as a result of staffing changes shall be submitted within 15 calendar days of the change. The Contracting Officer will notify the Contractor of the appropriate level of investigation required for each staff member. An electronic template, "Roster of Employees Requiring Suitability Investigations," is available for contractor use at http://ocio.nih.gov/docs/public/Suitability-roster.xls

Suitability Investigations are required for contractors who will need access to NIH information systems and/or to NIH physical space. However, contractors who do not need access to NIH physical space will not need an NIH ID Badge. Each contract employee needing a suitability investigation will be contacted via email by the NIH Office of Personnel Security and Access Control (DPSAC) within 30 days. The DPSAC email message will contain instructions regarding fingerprinting as well as links to the electronic forms contract employees must complete.

Additional information can be found at the following website: http://idbadge.nih.gov/background/index.asp

All contractor and subcontractor employees shall comply with the conditions established for their designated position sensitivity level prior to performing any work under this contract.

Contractors may begin work after the fingerprint check has been completed.

d. Information Security Training d.1 Mandatory Training

All employees having access to (1) Federal information or a Federal information system or (2) personally identifiable information, shall complete the NIH Information Security Awareness Training and NIH Privacy Awareness course at http://irtsectraining.nih.gov/ before performing any work under this contract. Thereafter, employees having access to the information identified above shall complete an annual NIH-specified refresher course during the life of this contract. The Contractor shall also ensure subcontractor compliance with this training requirement.

The Contractor shall maintain a list of all information security training completed by each contractor/subcontractor employee working under this contract. The list shall be provided to the Project Officer and/or Contracting Officer upon request.

e. Rules of Behavior

The Contractor shall ensure that all employees, including subcontractor employees, comply with the NIH Information Technology General Rules of Behavior, which are available at http://ocio.nih.gov/security/nihitrob.html.

f. Personnel Security Responsibilities

1. The Contractor shall notify the Contracting Officer, Project Officer, and I/C ISSO within five working days before a new employee assumes a position that requires a suitability determination or when an employee with a suitability determination or security clearance stops working under this contract. The Government will initiate a background investigation on new employees requiring suitability determination and will stop pending background investigations for employees that no longer work under this acquisition.

2. The Contractor shall provide the Project Officer with the name, position title, e-mail address, and phone number of all new contract employees working under the contract and provide the name, position title and suitability determination level held by the former incumbent. If the employee is filling a new position, the Contractor shall provide a position description and the Government will determine the appropriate suitability level.

3. The Contractor shall provide the Project Officer with the name, position title, and suitability determination level held by or pending for departing employees.

Perform and document the actions identified in the Contractor Employee Separation Checklist (attached) when a Contractor/subcontractor employee terminates work under this contract. All documentation shall be made available to the Project Officer and/or Contracting Officer upon request.

g. Commitment to Protect Non-Public Departmental Information and Data

1. Contractor Agreement

The Contractor, and any subcontractors performing under this contract, shall not release, publish, or disclose non-public Departmental information to unauthorized personnel, and shall protect such information in accordance with provisions of the following laws and any other pertinent laws and regulations governing the confidentiality of such information:

2. Contractor Employee Non-Disclosure Agreement

Each employee, including subcontractors, having access to non-public Department information under this acquisition shall complete the Commitment to Protect Non-Public Information – Contractor Employee Agreement A copy of each signed and witnessed Non-Disclosure agreement shall be submitted to the Project Officer prior to performing any work under this acquisition.

j. Loss and/or Disclosure of Personally Identifiable Information (PII) – Notification of Data Breach

The Contractor shall report all suspected or confirmed incidents involving the loss and/or disclosure of PII in electronic or physical form. Notification shall be made to the NIH Incident Response Team via email (IRT@mail.nih.gov) within one hour of discovering the incident. The Contractor shall follow-up with IRT by completing and submitting one of the following two forms within three (3) work days:

l. Physical Access Security

In accordance with OMB Memorandum M-05-24, the Contractor shall ensure that background investigations are conducted for all contractor/subcontractor personnel who have (1) access to sensitive information, (2) access to Federal information systems, (3) regular or prolonged physical access to Federally-controlled facilities, or (4) any combination thereof. OMB Memorandum M-05-24 is available at http://www.whitehouse.gov/omb/memoranda/fy2005/m05-24.pdf. Agency personal identification verification policy and procedures are identified below:

HHS Office of Security and Drug Testing, Personnel Security/Suitability Handbook (02-01-05): http://www.hhs.gov/oamp/policies/personnel_security_suitability_handbook.html