Harvard - Contract 75D30121C11808.pdf

10. SUBMIT INVOICES

(4 copies unless other-wise specified) TO THE

ADDRESS SHOWN IN:

AWARD/CONTRACT 1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

RATING

PAGE OF PAGES

1 23

2. CONTRACT (Procurement, Instruction, Identification) NUMBER 75D30121C11808

3. EFFECTIVE DATE

09/13/2021

4. REQUISITION/PURCHASE REQUEST/PROJECT NUMBER

000HCBCD-2021-60052

5. ISSUED BY CODE 8219 6. ADMINISTERED BY (If other than Item 5) CODE Centers for Disease Control and Prevention (CDC) Office of Acquisition Services (OAS) 2900 Woodcock Blvd, MS TCU-4 Atlanta, GA 30341-4004

7. NAME AND ADDRESS OF CONTRACTOR (Number, Street, County, State and ZIP Code)

PRESIDENT AND FELLOWS OF HARVARD COLLEGE

677 HUNTINGTON AVE

BOSTON, MA 02115-6028

8. DELIVERY

FOB ORIGIN X OTHER (See below)

9. DISCOUNT FOR PROMPT PAYMENT

Net 30

CODE 149617367 FACILITY CODE

11. SHIP TO/MARK FOR CODE 12. PAYMENT WILL BE MADE BY CODE 434

Centers for Disease Control and Prevention (FMO)

PO Box 15580 404-718-8100

Atlanta, GA 30333-0080

13. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c)( ) X 41 U.S.C. 3304(a)(1)

14. ACCOUNTING AND APPROPRIATION DATA

921ZBSQ 2513 2021 75-21-0956 5623131101

15A. ITEM NUMBER 15B. SUPPLIES/SERVICES 15C. QUANTITY 15D. UNIT 15E. UNIT PRICE 15F. AMOUNT

“See Section B”

15G. TOTAL AMOUNT OF CONTRACT $ 698,305.00

16. TABLE OF CONTENTS

(X) SECTION DESCRIPTION PAGE(S) (X) SECTION DESCRIPTION PAGE(S)

PART I – THE SCHEDULE PART II – CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM 1 X I CONTRACT CLAUSES 20

X B SUPPLIES OR SERVICES AND PRICES/COSTS 2 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

X C DESCRIPTION/SPECS./WORK STATEMENT 4 J LIST OF ATTACHMENTS

X D PACKAGING AND MARKING 7 PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE 8

K REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

X F DELIVERIES OR PERFORMANCE 9

X G CONTRACT ADMINISTRATION DATA 11 L INSTRUCTIONS, CONDITIONS, AND NOTICES TO

OFFERORS

X H SPECIAL CONTRACT REQUIREMENTS 15 M EVALUATION FACTORS FOR AWARD

CONTRACTING OFFICER WILL COMPLETE ITEM 17 (SEALED-BID OR NEGOTIATED PROCUREMENT) OR 18 (SEALED-BID PROCUREMENT) AS APPLICABLE

17. X CONTRACTOR’S NEGOTIATED AGREEMENT (Contractor is required to sign this document and return 1 copies to issuing office.)

Contractor agrees to furnish and deliver all items or perform all the services set forth or otherwise identified above and on any continuation sheets for the consideration stated herein. The rights and obligations of the parties to this contract shall be subject to and governed by the following documents: (a) this award/contract, (b) the solicitation, if any, and (c) such provisions, representations, certifications, and specifications, as are attached or incorporated by reference herein. (Attachments are listed herein.)

18. SEALED-BID AWARD (Contractor is not required to sign this document.)

Your bid on Solicitation Number 75D301-21-R-71984 including the additions or changes made by you which additions or changes are set forth in full above, is hereby accepted as to the terms listed above and on any continuation sheets. This award consummates the contract which consists of the following documents: (a) the Government's solicitation and your bid, and (b) this award/contract. No further contractual document is necessary. (Block 18 should be checked only when awarding a sealed-bid contract.)

19A. NAME AND TITLE OF SIGNER (Type or print)

20A. NAME OF CONTRACTING OFFICER

Michael Crow

19B. NAME OF CONTRACTOR

BY __________________________________________

(Signature of person authorized to sign)

19C. DATE SIGNED 20B. UNITED STATES OF AMERICA

BY ___________________________________________

(Signature of Contracting Officer)

20C. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 26 (REV. 3/2013)

Previous edition is NOT usable Prescribed by GSA - FAR (48 CFR) 53.214(a)

ITEM

75D30121C11808

Section B - Supplies Or Services and Prices/Costs

ITEM SUPPLIES / SERVICES QTY / UNIT UNIT PRICE EXTENDED PRICE

0001 Identifying Emergency Information Needs and Communication Channels for Reaching At- Risk Populations with Limited English Proficiency (LEP) – Adapting Findings for Local Public Health:

This is a Non-Severable, Firm Fixed Price Line Item.

Period of Performance: 09/26/2021 – 09/25/2023

1 Job $698,305.00 $698,305.00

Line(s) Of Accounting:

921ZBSQ 2513 2021 75-21-0956 5623131101

$698,305.00

B.1 Points of Contact

Vendor: Wendy Chan Tele: (617) 432-8135 Email: wchan@hsph.harvard.edu

CDC: Janine Hines Tele: (404) 718-2534 Email: zao8@cdc.gov

Contract Specialist: Michael Crow Tele: (770) 488-3208 Email: wyv2@cdc.gov

B.2 Schedule of Milestones for Performance-based Payments The following schedule in conjunction with the following payment schedule provides the milestones necessary to receive performance-based payments for CLIN 0001. The determination of eligibility for receipt of payment will be made by the Contracting Officer upon written certifications from the COR that the milestone has been met.

Milestone (Description and deliverable) Payment Date

Payment Amount

Task 1: Conduct Analysis and Produce Recommendations $234,629.36 Interim deliverables

11/30/21

$58,657.64

· Draft Supplementary analysis summary report 3/31/22 $58,657.24

· Draft recommendations for local health departments developed based adaptation of Federal recommendations, informed in consult with CDC partners, and guided by results of data analysis (for CDC feedback) 6/30/22

$58,657.24

· Bi-Monthly Reports mailto:wchan@hsph.harvard.edu mailto:zao8@cdc.gov mailto:wyv2@cdc.gov

Milestone (Description and deliverable) Payment Date

Payment Amount

Final deliverables

· Finalized supplementary analysis summary report

6/30/22

$29,328.62

· Finalized interim recommendations for local health departments based on adaptation of Federal recommendations, informed in consult with

9/30/22 $29,328.62 partners, and guided by results of data analysis

· Bi-Monthly Reports Task 2: Pilot Test and Evaluate Recommendations in Local

Health Departments $231,837.82

Interim deliverables

· Letters of agreement from 5-12 local health departments expressing agreement to test recommendations in their jurisdiction

· Biweekly LHD testing updates

· Draft implementation and evaluation report (for CDC feedback)

7/31/22

$115,918.91

Final

· Interview notes from interviews with 6-9 key informants 3/31/23 $38,639.64

· Final implementation and evaluation report 5/31/23 $38,639.64

· Draft refined recommendation (for CDC feedback) 7/31/23 $38,639.63

· Bi-Monthly Reports

Task 3: Adapt and Disseminate Recommendations $231,837.82 Interim deliverables

· Key lessons learned to refine the adapted recommendations for local health departments

· Peer-to-peer [virtual] meeting to discuss implementation and user- experience

· Bi-Monthly Reports

5/31/23

Final

· Draft final report of recommendations 9/25/23

· Electronic package of recommendation that is easily accessible for LHD use

9/25/23

· Final Report 9/25/23

Section C - Description/Specification/Work Statement

Title: Identifying Emergency Information Needs and Communication Channels for Reaching At-Risk Populations with Limited English Proficiency (LEP) – Adapting Findings for Local Public Health

C.1. Background and Need

Persons with Limited English Proficiency (LEP) comprise nearly a tenth of the U.S. population over age 5, and they are disproportionately vulnerable to negative health outcomes during one of the most critical types of public health emergencies: large-scale infectious disease outbreaks.1,2 Currently, there are no rigorous, evidence-based, culturally-relevant recommendations for public health emergency communicators working with communities with LEP, and the empirical evidence to develop such recommendations is extremely limited. Without evidence-based recommendations that address critical issues, it can be extremely challenging for CDC and local health departments (LHDs) to create communication messages and behavior change strategies, drive related programming, or develop messages and materials.3 This is especially true in the high-pressure moments of outbreaks and pandemics such as COVID-19, when communicators must contend with limited time, evolving science, and competing messaging priorities. During outbreaks, public health agencies must provide scientifically accurate, actionable, consistent, and timely information about the risks and health protection steps people can take to keep themselves, their families, and their communities safe. Communicators must work to ensure that health protection information reaches all populations, regardless of language preference.

To address the need for evidence-based insights for improving public health emergency risk communication efforts for people with LEP, in 2018, CDC’s Center for Preparedness and Response (CPR) funded a multi-method research effort to examine the needs and preferences of the two most common language groups in the U.S. other than English—Spanish, accounting for ~60%, and Chinese, 12% (Mandarin or Cantonese) of people with LEP—and to develop recommendations for public health communicators. The original project, awarded to researchers at the Harvard Opinion Research Program (HORP) at the Harvard T.H. Chan School of Public Health, used a rigorous mixed-methods design that aimed to understand the preferences, needs and challenges of persons with LEP in accessing and understanding information during a large-scale, emergency-level infectious disease outbreak. It incorporated the views of persons with LEP as well as persons who will likely assist them in collecting or interpreting health information during a public health emergency and can provide complementary perspectives:

family, physicians, and staff at LHDs.

The purpose of the original project was on developing recommendations for federal public health communicators. It included data collection from LHDs to provide insights about the concerns they have. Given the Federal focus, however, the project did not include the development of tailored recommendations for LHDs. As the work proceeded, though, early findings (unpublished) suggested that Federally-focused recommendations did not readily and directly apply to the LHD context. For example, while Federal communicators can focus on developing relationships with large national and international media outlets, LHDs are more likely to be connected to local media outlets. Moreover, many of the LHDs are even more connected with community-based organizations (CBOs) to reach people with LEP. These channels of connection have been more disrupted than the Federal media channels, since community centers, faith organizations, and other social support groups are so directly impacted by local closure policies and economic consequences of outbreaks. It is critical to ensure that recommendations for communications address these and other distinct needs of local communicators. More effective communication support for people with LEP means public health communicators must be able to develop messaging approaches that are linguistically and culturally appropriate and address the health protection information needs and preferences of the communities they serve. That information works best when provided by sources that members of these communities’ trust and in a way that is consistent with community values, norms, knowledge, and behaviors, which is often locally driven.

This contract shall leverage information and insights gained from the original project to adapt and build more robust recommendations that address the unique needs and opportunities for LEP communication in the LHD context, pilot test the recommendations with LHD communicators through direct technical support and collaboration, and ensure their applicability and utility by providing feedback on and assessments of the adaptations. The final deliverables shall be a set of evidence-based recommendations for LHD communicators on reaching people with LEP in their communities.

C.2. Project Objective

The objective of this contract is to build a set of recommendations that public health communicators at LHDs can use to better meet the health protection information needs and preferences of people with LEP during large-scale infectious disease outbreaks.

C.3. Scope of Work

The contractor shall carry out the project through three phases/tasks: 1) supplemental analyses of existing qualitative data and initial development of adapted recommendations for LHDs; 2) pilot testing of recommendations with a group of LHDs and evaluation of the draft recommendations; and 3) adaptation and dissemination of final recommendations.

C.4. Tasks to be Performed

1. Task 1: Supplemental analyses of existing data and initial development of adapted recommendations for LHDs. The first step shall be to conduct a secondary analysis of existing qualitative data collected under the original project with a focus on the needs and opportunities for communicators in local public health departments (LHDs) to serve Spanish and Chinese-speaking communities with LEP. This process shall include use of the existing coding and analytic framework to ensure results are complementary and not duplicative with the original findings. The data analysis shall provide insights about effective strategies for LHDs in developing and disseminating linguistically and culturally appropriate health protection messages that address the information needs and preferences of people with LEP during infectious disease outbreaks. Drawing on these findings, the contractor shall draft a new set of recommendations focused on the needs and opportunities for LHDs; the Federally-focused recommendations developed as part of the original project shall serve as an initial starting point.

2. Task 2: Pilot testing and evaluation of recommendations. The contractor shall identify no less than 5 and no more than 12 LHDs that serve communities of Spanish and Chinese-speakers to pilot test the recommendations during the current COVID-19 response and aftermath or a future outbreak. Selected LHDs shall reflect a range in terms of their representation of geographies, urbanicity/rurality, and LHD staffing levels. The goals of the pilot test shall be to a) ensure the utility and applicability of the recommendations and b) develop inputs for a technical support framework that supports the long-term capabilities of local health agencies to meet the health protection information needs of LEP communities during public health emergencies in future. To evaluate the pilot recommendations, the contractor shall collect formal feedback (up to 9 key informant interviews) and informal feedback (notes from discussions) from LHDs who participate in the pilot tests. The contractor shall identify further refinements and develop final recommendations alongside a technical support framework that incorporates lessons learned.

3. Task 3: Adaptation and dissemination. The contractor shall develop a final set of recommendations for LHDs to reach people with LEP during emergencies and infectious disease outbreaks specifically. It shall be adapted from the original project and tailored for the needs and opportunities of LHD based on learnings from the secondary data analysis and piloting. In addition, the contractor shall also work to ensure that the recommendations are made available and actively disseminated through organizations such as the National Public Health Information Coalition (NPHIC), the National Association of County and City Health Organizations (NACCHO), and existing CDC channels and websites. To finalize the dissemination approach, the contractor shall consult with the LHDs who participated in the pilots.

The contractor shall coordinate with CDC staff in conjunction with CDC partners during all phases of this contract so that CDC can provide guidance in identifying appropriate LHDs and soliciting formal and informal feedback from LHDs.

C.5. Reporting Schedule

The contractor shall provide bi-monthly progress reports detailing tangible accomplishments and progress towards benchmarks, milestones, and production of deliverables. The reports shall also identify key risks and challenges (and potential solutions) to successful completion of specific deliverables or the overall project. The contractor shall work with the Contracting Officer’s Representative (COR) to agree on the format of such reports. Either as part of the bi-monthly progress report or the billing invoice, the contractor shall provide a summary of work undertaken/completed during the invoiced period.

C.6. Government Furnished Property

The Contractor will not require any government-furnished property. The contractor shall use its own facilities and equipment to carry out all project activities.

C.7. References

References relevant to the work to be performed are as follows:

1. Fiscella K, Franks P, Doescher MP, Saver BG. Disparities in health care by race, ethnicity, and language among the insured: findings from a national sample. Med Care. 2002 Jan;40(1):52-9.

2. Andrulis DP, Siddiqui NJ, Gantner JL. Preparing racially and ethnically diverse communities for public health emergencies. Health Aff (Millwood). 2007 Sep-Oct;26(5):1269-79.

3. Seeger MW, Pechta LE, Price SM, Lubell KM, Rose DA, Sapru S, et al. A conceptual model for evaluating emergency risk communication in public health. Health Security. 2018:16(3):193-203.

C.8 Additional Direction Regarding Rights in Data

FAR Clause 52.227-14 Rights in Data-General (May 2014)- Alternate IV (Dec 2007) shall be observed.

Pursuant to FAR 52.227-14(d)(2), this contract expressly provides additionally as follows:

All data, deliverables and products first developed in the performance of this contract shall become and remain the property of the US Government. All material developed in the performance of this contract for publication, including derivative works, shall be identified and approved by CDC prior to initiation, and processes must follow CDC’s Authorship and Scientific Clearance Policies, as applicable, prior to submission for publication.

The CDC shall have final approval over all manuscripts and publication of reports, articles in scientific journals, derivative works and the dissemination of findings developed in the performance of this contract. Final approval shall be in writing.

All data analysis, write-up of findings, manuscripts, publication of reports, articles in scientific journals, derivative works and other findings first produced in the performance of this contract shall be the result of collaboration between the CDC and the contractor and all such products shall be co-authored by the CDC and the contractor.

Notwithstanding the foregoing, in the event any data analysis, write-up of findings, manuscripts, publication of reports, articles in scientific journals, derivative works or other findings first produced in the performance of this contract fails to be approved through CDC’s Authorship and Scientific Clearance Policies after undergoing reasonable revision efforts, the contractor may publish such product, provided that all references to CDC authorship or co-authorship shall be removed from such product.

Section D - Packaging And Marking

There are no clauses/provisions included in this section.

Section E - Inspection And Acceptance

E.1 52.246-9 Inspection of Research and Development (Short Form) (Apr 1984)

The Government has the right to inspect and evaluate the work performed or being performed under the contract, and the premises where the work is being performed, at all reasonable times and in a manner that will not unduly delay the work. If the Government performs inspection or evaluation on the premises of the Contractor or a subcontractor, the Contractor shall furnish and shall require subcontractors to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties.

(End of clause)

Section F - Deliveries Or Performance

F.1 Reporting Requirements and Deliverables

The Contractor shall initiate, schedule, and conduct meetings and site visits as needed. The items specified for delivery are subject to the inspection and approval by the COR before final acceptance.

F.2 Period of Performance

The total Period of Performance for this contract shall be from 09/26/2021 – 09/25/2023.

F.3 Place(s) of Performance

All work performed in support of this contract shall take place at the contractor’s location or locations.

F.4 Project Deliverables and Schedule

Description and deliverable Schedule (Month)

• Tasks 1-3: Bi-Monthly Reports Months 2-24

Task 1: Conduct Analysis and Produce Recommendations

Interim deliverables

• IRB and OMB determination forms

• Draft Supplementary analysis summary report

• Draft recommendations for local health departments developed based on adaptation of Federal recommendations, informed in consult with CDC partners, and guided by results of data analysis (for CDC feedback)

Month 2

Month 6

Month 9

Final deliverables

• Finalized supplementary analysis summary report

• Finalized interim recommendations for local health departments developed based on adaptation of Federal recommendations, informed in consult with CDC partners, and guided by results of data analysis

Month 9

Month 12

Task 2: Pilot Test and Evaluate Recommendations in Local Health Departments

Interim deliverables

• Letters of agreement from 5-12 local health departments expressing agreement to test recommendations in their jurisdiction

• Biweekly LHD testing updates

• Draft implementation and evaluation report (for CDC feedback)

Month 10

Months 12-18

Month 20

• Interview notes from interviews with 6-9 key informants

• Final implementation and evaluation report

• Draft refined recommendation (for CDC feedback)

Month 18

Month 20

Months 20-22

Task 3: Adapt and Disseminate Recommendations

Description and deliverable Schedule (Month) Interim deliverables

• Key lessons learned to refine the adapted recommendations for local health departments

• Peer-to-peer [virtual] meeting to discuss implementation and user-experience

Month 20

Months 22-24

• Draft final report of recommendations

• Electronic package of recommendation that is easily accessible for LHD use

• Final Report

Months 22-24

Month 24

Month 24

Section G - Contract Administration Data

G.1 CDCA_G001 – Invoice Submission (March 2021)

(a) The Contractor shall submit the original contract invoice/voucher in one of the following ways: 1) mail, 2) facsimile, 3) email:

Mailing Address:

The Centers for Disease Control and Prevention Office of Financial Resources (OFR) P.O. Box 15580 Atlanta, GA 30333

Fax: 404-638-5324

Email: cpbapinv@cdc.gov

NOTE: Submit only one Invoice in PDF format per attachment.

(b) Subject Line must contain the word “Invoice” Example: Subject: Invoice SAM12345 for Contract

75D30121***********

(c) The content/details of the email must include the below information provided in the body of the email:

• Contract or PO Number:

• Invoice Number:

• Amount:

• Vendor Name:

Only one invoice can be sent to the mailbox with the above relevant details in the body (multiple invoices need to be sent in multiple emails)

(d) The contractor shall submit 2 copies of the invoice to the cognizant contracting office previously identified in this contract. These invoice copies shall be addressed to the attention of the Contracting Officer.

(e) Do not send Links, Zip Files, or .DAT files containing PDF Invoices

(f) The Contractor is , is not required to submit a copy of each invoice directly to the Contracting Officer’s Representative (COR) concurrently with submission to the Contracting Officer.

(g) In accordance with 5 CFR part 1315 (Prompt Payment), CDC's Office of Financial Resources is the designated billing office for the purpose of determining the payment due date under FAR 32.904.

(h) The Contractor shall include (as a minimum) the following information on each invoice:

(1) Contractor’s Name & Address

(2) Contractor’s Tax Identification Number (TIN)

(3) Purchase Order/Contract Number and Task Order Number, if Appropriate

(4) Invoice Number

(5) Invoice Date

(6) Contract Line Item Number and Description of Item

(7) Quantity mailto:cpbapinv@cdc.gov

(8) Unit Price & Extended Amount for each line item

(9) Shipping and Payment Terms

(10) Total Amount of Invoice

(11) Name, title and telephone number of person to be notified in the event of a defective invoice

(12) Payment Address, if different from the information in (c)(1).

(13) DUNS + 4 Number

(14) Electronic funds transfer (EFT) banking info

For the status of invoices, please contact the OFR Service desk at ofrservicedesk@cdc.gov

NOTE: If your invoice has supporting documents, please combine the invoice and supporting documents as one PDF file. Do not submit the invoice and its supporting documents separately.

G.2 CDC0_G008 Contracting Officer’s Representative (COR) (Jul 2017)

Performance of the work hereunder shall be subject to the technical directions of the designated COR for this contract.

As used herein, technical directions are directions to the Contractor which fill in details, suggests possible lines of inquiry, or otherwise completes the general scope of work set forth herein. These technical directions must be within the general scope of work and may not alter the scope of work or cause changes of such a nature as to justify an adjustment in the stated contract price/cost, or any stated limitation thereof.

In the event that the Contractor believes full implementation of any of these directions may exceed the scope of the contract, he or she shall notify the originator of the technical direction and the Contracting Officer, immediately or as soon as possible, in a letter or e-mail separate of any required report(s). No technical direction, nor its fulfillment, shall alter or abrogate the rights and obligations fixed in this contract.

The Government COR is not authorized to change any of the terms and conditions of this contract. Contract changes shall be made only by the Contracting Officer by properly written modification(s) to the contract.

The Government will provide the Contractor with a copy of the COR delegation memorandum upon request.

(End of Clause)

G.3 CDCP_G009 Contracting Officer (CO) (Jul 1999)

The Contracting Officer is the only individual who can legally commit the Government to the expenditure of public funds. No person other than the Contracting Officer can make any changes to the terms, conditions, general provisions, or other stipulations of this contract.

No information, other than that which may be contained in an authorized modification to this contract, duly issued by the Contracting Officer, which may be received from any person employed by the United States Government, or otherwise, shall be considered grounds for deviation from any stipulation of this contract.

G.4 CDCP_G010 Contract Communications/Correspondence (Jul 1999)

The Contractor shall identify all correspondence, reports, and other data pertinent to this contract by imprinting thereon the contract number from Page 1 of the contract.

G.5 CDC0_G018 Payment by Electronic Funds Transfer (Feb 2018)

(a) The Government shall use electronic funds transfer to the maximum extent possible when making payments under this contract. FAR 52.232-33, Payment by Electronic Funds Transfer –System for Award Management, in Section I, requires the contractor to designate in writing a financial institution for receipt of electronic funds transfer payments.

mailto:ofrservicedesk@cdc.gov

(b) In the case that EFT information is not within the System of Award Management, FAR 52.232-34 requires mandatory submission of Contractor’s EFT information directly to the office designated in this contract to receive that information (hereafter: “designated office”); see below. The contractor shall submit the EFT information within the form titled “ACH Vendor/Miscellaneous Payment Enrollment Form” to the address indicated below. Note: The form is either attached to this contract (see Section J, List of Attachments) or may be obtained by contacting the Contracting Officer or the CDC Office of Financial Resources at 678-475-4510.

(c) In cases where the contractor has previously provided such information, i.e., pursuant to a prior contract/order, and been enrolled in the program, the form is not required unless the designated financial institution has changed.

(d) The completed form shall be mailed after award, but no later than 14 calendar days before an invoice is submitted, to the following address:

The Centers for Disease Control and Prevention Office of Financial Resources (OFR) P.O. Box 15580 Atlanta, GA 30333 Or – Fax copy to 404-638-5342

G.6 CDC37.0001 Non-Personal Services (Jun 2020)

(a) Personal services shall not be performed under this contract. Although the Government may provide sporadic or occasional instructions within the scope of the contract, the Contractor is responsible for control and supervision of its employees. If the Contractor (including its employees) believes any Government action or communication has been given that would create a personal services relationship between the Government and any Contractor employee, the Contractor shall promptly notify the Contracting Officer of this communication or action.

(b) The contractor shall comply with, and ensure their employees and subcontractors comply with, CDC Policy titled "Contractor Identification and Safeguarding of Non-Public Information". No Contractor employee shall hold him or herself out to be a Government employee, agent, or representative. No Contractor employee shall state orally or in writing at any time that he or she is acting on behalf of the Government. In all communications with third parties in connection with this contract, Contractor employees shall identify themselves as Contractor employees and specify the name of the company for which they work. The contractor is limited to performing the services identified in the contract statement of work and shall not interpret any communication with anyone as a permissible change in contract scope or as authorization to perform work not described in the contract. All contract changes will be incorporated by a modification signed by the Contracting Officer.

(c) The Contractor shall ensure that all of its employees and subcontractor employees working on this contract are informed of the terms and conditions herein. The Contractor agrees that this is a non-personal services contract; and that for all the purposes of the contract, the Contractor is not, nor shall it hold itself out to be an agent or partner of, or joint venture with, the Government. The Contractor shall notify its employees that they shall neither supervise nor accept supervision from Government employees. The substance of the terms herein shall be included in all subcontracts at any tier.

(d) The terms and conditions above do not limit the Government's rights under other terms of the contract, including those related to the Government's right to inspect and accept or reject the services performed under this contract.

G.7 CDC42.0002 Evaluation of Contractor Performance Utilizing CPARS (Aug 2021)

In accordance with FAR 42.15, the Centers for Disease Control and Prevention (CDC) will review and evaluate contract performance. FAR 42.1502 and 42.1503 requires agencies to prepare evaluations of contractor performance and submit them to the Contractor Performance Assessment Reporting System (CPARS). The CDC utilizes this web-based system to prepare and report contractor performance evaluations. All information contained in these assessments may be used by the Government, within the limitations of FAR 42.15, for future source selections in accordance with FAR 15.304 where past performance is an evaluation factor.

The CPARS system requires a contractor representative to be assigned so that the contractor has appropriate input into the performance evaluation process. The CPARS contractor representative will be given access to CPARS and will be given the opportunity to concur or not-concur with performance evaluations before the evaluations are complete. The CPARS contractor representative will also have the opportunity to add comments to performance evaluations.

The assessment is not subject to the Disputes clause of the contract, nor is it subject to appeal beyond the review and comment procedures described in the guides on the CPARS website. Refer to: www.cpars.gov for details and additional information related to CPARS, CPARS user access, how contract performance assessments are conducted, and how Contractors participate. Access and training for all persons responsible for the preparation and review of performance assessments is also available at the CPARS website.

The contractor must provide the CDC contracting office with the name, e-mail address, and phone number of their designated CPARS representative who will be responsible for logging into CPARS and reviewing and commenting on performance evaluations. The contractor must maintain a current representative to serve as the contractor representative in CPARS. It is the contractor’s responsibility to notify the CDC contracting office, in writing (letter or email), when their CPARS representative information needs to be changed or updated. Failure to maintain current CPARS contractor representative information will result in the loss of an opportunity to review and comment on performance evaluations.

Section H - Special Contract Requirements

H.1 CDCA_H042 Records Management Obligations (Jun 2020)

A. Applicability

The following applies to all Contractors whose employees create, work with, or otherwise handle Federal records, as defined in Section B, regardless of the medium in which the record exists.

B. Definitions

“Federal record” as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them.

The term Federal record:

1. includes Centers for Disease Control and Prevention (CDC) records.

2. does not include personal materials.

3. applies to records created, received, or maintained by Contractors pursuant to their CDC contract.

4. may include deliverables and documentation associated with deliverables.

C. Requirements

1. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C.

552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

2. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

3. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

4. CDC and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of CDC or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to the Contracting Officer and the Contracting Officer’s Representative. The agency must report promptly to NARA in accordance with 36 CFR 1230.

5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment.

Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the contract. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity.

When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to CDC control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the contract. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

6. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and CDC guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

7. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with CDC policy.

8. The Contractor shall not create or maintain any records containing any non-public CDC information that are not specifically tied to or authorized by the contract.

9. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

10. Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take CDC-provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

D. Flowdown of requirements to subcontractors

1. The Contractor shall incorporate the entire substance of the terms and conditions herein, including this paragraph, in all subcontracts under this contract, and must require written subcontractor acknowledgment of same.

2. Violation by a subcontractor of any provision set forth herein will be attributed to the Contractor.

H.2 CDC100_0006 Certificates of Confidentiality (Nov 2018)

Section 301(d) of the Public Health Service (PHS) Act, as amended by Section 2012 of the 21st Century Cures Act, P.L. 114-255 (42 U.S.C. 241(d)), states that the Secretary shall issue Certificates of Confidentiality (Certificates) to persons engaged in biomedical, behavioral, clinical, or other research activities in which identifiable, sensitive information is collected. Consistent with the statute, research commenced or ongoing after December 13, 2016 and in which identifiable, sensitive information is collected, as defined by Section 301(d), is deemed issued a Certificate.

Consistent with the statute, CDC considers research in which identifiable, sensitive information is collected or used, to include:

• Human subjects research as defined in the Federal Policy for the Protection of Human Subjects (45 CFR Part 46), including exempt research except for human subjects research that is determined to be exempt from all or some of the requirements of 45 CFR 46 if the information obtained is recorded in such a manner that human subjects cannot be identified or the identity of the human subjects cannot readily be ascertained, directly or through identifiers linked to the subjects;

• Research involving the collection or use of biospecimens that are identifiable to an individual or for which there is at least a very small risk that some combination of the biospecimen, a request for the biospecimen, and other available data sources could be used to deduce the identity of an individual;

• Research that involves the generation of individual level, human genomic data from biospecimens, or the use of such data, regardless of whether the data is recorded in such a manner that human subjects can be identified or the identity of the human subjects can readily be ascertained as defined in the Federal Policy for the Protection of Human Subjects (45 CFR Part 46); or

• Any other research that involves information about an individual for which there is at least a very small risk, as determined by current scientific practices or statistical methods, that some combination of the information, a request for the information, and other available data sources could be used to deduce the identity of an individual, as defined in subsection 301(d) of the Public Health Service Act.

For research covered by a Certificate and consistent with the statute, Contractor shall not:

• Disclose or provide, in any Federal, State, or local civil, criminal, administrative, legislative, or other proceeding, the name of such individual or any such information, document, or biospecimen that contains identifiable, sensitive information about the individual and that was created or compiled for purposes of the research, unless such disclosure or use is made with the consent of the individual to whom the information, document, or biospecimen pertains; or

• Disclose or provide to any other person not connected with the research the name of such an individual or any information, document, or biospecimen that contains identifiable, sensitive information about such an individual and that was created or compiled for purposes of the research.

Consistent with the statute, disclosure is permitted only in the below circumstances:

• Required by Federal, State, or local laws (e.g., as required by the Federal Food, Drug, and Cosmetic

Act, or state laws requiring the reporting of communicable diseases to State and local health departments), excluding instances of disclosure in any Federal, State, or local civil, criminal, administrative, legislative, or other proceeding;

• Necessary for the medical treatment of the individual to whom the information, document, or biospecimen pertains and made with the consent of such individual;

• Made with the consent of the individual to whom the information, document, or biospecimen pertains;

or

• Made for the purposes of other scientific research that is in compliance with applicable Federal regulations governing the protection of human subjects in research.

Contractor shall keep records of when such disclosures are made and, upon request by CDC, shall make such information available to CDC. Contractor shall comply with FAR Part 31, Contract Cost Principles and Procedures, as applicable, and maintain effective internal controls that provide reasonable assurance that the contract is managed in compliance with Federal statutes and regulations. Contractors conducting research covered by a Certificate shall ensure that any company/institution/individual not funded by CDC who receives a copy of identifiable, sensitive information protected by a Certificate is aware of the requirements of subsection 301(d) of the Public Health Service Act with respect to such information. The Contractor will secure an agreement with such company/institution/individual to ensure compliance with the requirements of the Certificate. In addition, Contractor shall ensure that all its employees and subcontractor employees working on this contract are informed of the substance of the abovementioned requirements and agree to comply with subsection 301(d) of the Public Health Service Act.

H.3 CDC100_0003 Public Access To CDC Funded Digital Public Health Data (Nov 2018)

Public Health Data

Definition: Public Health data means digitally recorded factual material commonly accepted in the scientific community as a basis for public health findings, conclusions, and implementation

When CDC is funding, in whole or in part, via a contract as defined in FAR 2.101, with respect to public health data, a CDC-approved Data Management Plan (DMP) – a plan for digital data management, sharing, and preservation is required prior to commencing any related services or work. For contracts where public health data collection or generation activities may become necessary during the period of performance (e.g. via contract modification), a DMP will be required to be submitted and evaluated during the period of performance. The DMP is a deliverable and a living document that should be updated throughout the life cycle of data. A final DMP is required at the end of the contract performance that shows where the data are deposited and how they are being made accessible or justification provided for not doing so.

Data Management Plan

A DMP for each collection and/or generation of public health data should include the following information:

• A description of the public health data to be collected or generated in the contract period of performance;

• Standards to be used for the collected or generated public health data;

• Mechanisms for or limitations to providing access to and sharing of the data (include a description of provisions for the protection of privacy, confidentiality, security, intellectual property, or other rights) or justification for why data cannot be made accessible. This section should address access to identifiable and de-identified data (see below for additional information about access);

• Statement of the use of data standards that ensure all released data have appropriate documentation that describes the method of collection, what the data represent, and potential limitations for use; and

• Plans for archiving and long-term preservation of the data, or explanation of why long-term preservation and access are not justified. This section should address archiving and preservation of identifiable and de-identified data (see below for additional information regarding archiving).

Examples of Data Management Plan Templates and Tools:

University of California: https://www.cdlib.org/services/uc3/dmpt.html

Access to and Archiving of the Data

To the extent that is feasible, contractors should make public health data accessible. Rights in Data clauses (FAR 52.227-14 Rights in Data – General, 52.227-16, Additional Data Requirements, FAR 52.227-17 Rights in Data – Special Works, or FAR 52.227-18 Rights in Data-Existing Works), may be applicable and incorporated into contracts, depending on the Statement of Work involved. The data rights clauses give the government “unlimited rights” in data first produced (when funded by government solely) in the performance of a contract. “Unlimited rights” is an unlimited license to use, disclose or reproduce the data; it does not give the government ownership of the data. Unlimited rights in data would allow the government to archive and make public non-proprietary data first produced in contract performance.

Contracts that do not include terms for submittal of public health data to CDC, are expected to plan and prepare for providing access to, and archiving/long-term preservation of, collected and/or generated data within the contract period of performance, as set forth below. The final version of a collected and/or generated data set intended for release or sharing should be made available within thirty (30) months after the end of the data collection or generation, except surveillance data, which should be made accessible within a year of the end of a collection cycle.

For public use de-identified (removal of sensitive identifiable or potentially identifiable information) datasets, an accompanying data dictionary, and other documentation relevant to use of the data set should be deposited in a sustainable repository to provide access to the data. Data that cannot be de-identified can be provided as restricted data upon request under a data-use agreement or onsite controlled use.

For data underlying a scientific publication, the contractor shall make the data available coincident with publication of the paper, at a minimum a machine-readable version of the data tables shown in the paper, unless the data set is already available via a release or sharing mechanism. In addition, contractors should ensure the quality of data they make accessible and seek to provide the data in a machine readable and nonproprietary format. Contractors who fail to release public health data in a timely fashion may be subject to procedures normally used to address failure to comply with the terms and conditions of the contract and may be grounds for the Contracting Officer to terminate the contract for default. Irrespective of whether the data are made accessible or not, Public health data of value should be preserved long-term.

A final DMP is required at the end…