MR_Subscription_-_SOW.pdf

STATEMENT OF WORK

U.S. Department of Health and Human Services (HHS)

Office of the Assistant Secretary for Preparedness and Response (ASPR)

Office of the Chief Operating Officer (COO)

Project Title

A requirement for a potential five (5) year fixed-firm contract for a four (4)-person Team

Share Subscription to stock photography, illustrations, and vector images for HHS ASPR

COO Communications Staff.

Background

The mission of the Office of the Assistant Secretary for Preparedness and Response

(ASPR) is to lead the Nation in preventing, preparing for, and responding to the adverse health effects of public health emergencies and disasters. The Division of

Communications acts in support of this mission and the goals set forth in the ASPR

Strategic Plan by providing accurate, clear, concise and relevant communication products. These products may include digital media in support of our digital presence on our publicly facing website, online portal and social media; ASPR’s videos and public service announcements; and our print media, including reports, posters, etc. All of these materials rely on images to strengthen the clarity of communication and provide a professional look and feel to our communication products.

Images and illustrations help ASPR tell its story and they are built into the overall communications package for every press release, social media campaign or post, conference brochure and timeline produced. The term “images” will hereto refer to all stock photography, illustrations, infographics and vector images.

Scope

ASPR proposes to enter into agreement with a prospective offeror to provide a four-person team share standard license for 250 images per month. Execute a firm, fixed price contract; one year base plus four (4) option years, not to exceed 5 years. This agreement would allow four (4) pre-selected members of the communications staff to download and use photographs, illustrations and vector images to promote ASPR both online and in print runs not exceeding 500,000 copies.

Specific Tasks

The prospective offeror shall perform the following tasks:

TASK 1-Image Type and Look:

The prospective offeror shall provide access to royalty-free, relevant, high resolution photographs, illustrations, infographics and vector images that will be used to support

ASPR’s communication requirements.

ASPR manages a wide variety of communications products that require highly specialized images. For example, over the last year we have built communications products around complex programs related to biosafety, biosecurity, bio-risk management, health management, emergency management, mass care and emergency assistance, mortuary services, veterinary services, health recovery, vector-pathogen control, vector/pathogen transmission and life cycles, environmental hazards, blood services, natural disasters, man-made disasters, Zika (including the need for a wide range of images such as mosquitos, pregnancy, travel, bug spray, the brain, eye infections, water and water-infrastructure, headaches, sleep, acetaminophen, methods of birth control, long-sleeved clothing and long pants, and mosquito netting), durable medical equipment, dialysis, power and power infrastructure, nutrition programs related to the

Flint water crisis, breast feeding, early childhood, early childhood development, fetal development, Ebola, images that emphasize diversity in a variety of ways (age, gender, ethnicity, etc.) in but not exclusively restricted to medical, laboratory, and emergency settings and general health, medical, and disaster images.

Images are required to be consistent with the look and feel of ASPR’s online presence as exhibited on www.PHE.gov as well as in ASPR’s printed products such as flyers and posters.

Images related to any and all of these topics, particularly sensitive issues such as mortuary services, breast feeding and medical services are required to be appropriate and tasteful.

TASK 2-Searchability

We require the prospective offeror to provide a user-friendly and easily searchable site with accurately tagged images for pinpointing the most relevant images. Sites must have filters and other means of winnowing images. Search efficiency is required to maximize staff members’ time on task.

TASK 3-Image Format, Downloading and Re-Use

Images are required to be editable with Adobe Photoshop, Adobe Illustrator and Adobe

InDesign. Layered vector images are required to be in EPS format for use with Adobe

Illustrator. A range of sizes from small to extra-large is required for all image types.

Images downloaded will be available to re-download at no additional cost for the term of the contract. All images used in ASPR content both digitally and in print during the contract period will be able to be used for ASPR content after the contract has ended. The prospective offeror will agree to the continued online use of images downloaded and the continued use of images in print materials, where in print runs do not exceed 500,000 copies, following the termination of the contract.

TASK 4-Team Share, User Access, and Number of Images:

The prospective offeror shall provide team share access to four (4) predetermined members of the COO Communications team. The prospective offeror shall provide a minimum of 250 downloads per month split between the four pre-selected members of

COO Communications staff. Roll-over of unused credits to the next month is preferred, http://www.phe.gov/ but not required. Images downloaded are required to be parsed out in one credit for one image allotments. Images previously downloaded by one of the team members will be available to re-download at no additional cost or credit usage.

Deliverables The prospective offeror shall provide a minimum of 250 royalty-free, relevant, high resolution photographs, illustrations, infographics and vector images per month to a four person team share. The prospective offeror will also be required to provide a monthly usage breakdown for analysis. Unless otherwise specified, the prospective offeror shall deliver to all written documents in electronic form, using the Microsoft Office software format appropriate to the document (MS Word, PDF, PowerPoint, Excel, email attachments, CD-ROM or prospective offeror, as appropriate). Deliverables will be specified on each individual task. All deliverables shall be generic and free of logos.

Proposal package:

Prospective offeror will provide the following:

a. Sample portfolios of images relevant to the topics mentioned in Task 1. Special attention must be paid to subject matter, diversity and image quality.

b. List of search functions available on the website.

c. Yearly cost of four (4) person team share with minimum of 250 images a month.

d. List of what is included in the licensing agreement and what restrictions if any exist including but not limited to print run limitations and usage restrictions.

e. Unless otherwise specified, the prospective offeror shall deliver to all written documents in electronic form, using the Microsoft Office software format appropriate to the document (MS Word, PDF, PowerPoint, Excel, email attachments, or CD-ROM as appropriate).

Contract Administrative Data

Contracting Officer (CO): Carol Matamoro Allen

Email: Carol.Allen@hhs.gov

Phone: 202-205-4709

Contracting Specialist (CS): Patricia Petersky

Email: Patricia.Petersky@hhs.gov

Phone: 202-969-3862

Contacting Officer Representative (COR): Provided at time of Award

Email:

Phone:

Contracting Officer (CO) Authority The Contracting Officer (CO) has responsibility for ensuring the performance of all necessary actions for effective contracting; ensuring compliance with the terms of the contract and safeguarding the interests of the United States in its contractual relationships. Accordingly, the CO is the only individual who has the authority to enter mailto:Carol.Allen@hhs.gov mailto:Patricia.Petersky@hhs.gov into, administer, or terminate this contract. In addition, the CO is the only person authorized to approve charges to any of the requirements under this contract, and notwithstanding any provision contained elsewhere in this contract, the said authority remains solely with the CO.

a. The CO may designate, in writing, representatives to perform functions required to administer this contract, however any implied or expressed actions taken by these representatives must be within the limits cited within the CO’s written designations. The CO shall provide the prospective offeror copies of all relevant written designations. If an individual alleges to be a representative of the CO and the prospective offeror has not received a copy of the document designating that representative, the prospective offeror shall refrain from action upon the representative’s requirements and immediately contact the CO to obtain a copy of the document designating that individual as a representative of the CO.

b. The prospective offeror shall immediately notify the CO for clarification when a question arises regarding the authority of any person acting for the CO under this contract.

Contracting Officer Representative (COR)

The CO may designate other Government personnel (known as the COR) to act as his or her authorized representative for contract administration functions which do not involve changes to the scope, performance, price, schedule, or terms and conditions of the contract. The designation will be in writing, signed by the CO, and will set forth the authorities and limitations of the representative(s) under the contract. The prospective offeror may be required to sign the COR Letter of Appointment to acknowledge the authorities and limitations of the COR assigned to the contract. Such designation will not contain authority to sign contractual documents, order contract changes, modify contract terms, or create any commitment or liability on the part of the Government different from that set forth in the contract.

The prospective offeror shall immediately contact the CO if there is any question regarding authority of an individual to act as a representative of the CO under this contract.

Invoices

All invoices shall be submitted yearly via email to amcg.invoices@hhs.gov and copy the

CO and the COR.

a. All improper invoices will be returned to the prospective offeror for further action.

b. Interest on Overdue Payment – Determination of interest due will be made in accordance with the provisions of the Prompt Payment Act.

c. Payment due Date:

i. Unless otherwise specified in the contract, payments under this contract will be made on the 30 th calendar day after the later of mailto:amcg.invoices@hhs.gov

ii. The date of actual receipt of a proper invoice in the office designated to receive the invoice, or

iii. The date tasks are formally accepted by the Government.

d. If the services covered by a submitted invoice are rejected for failure to conform to the technical requirements of this contract, the provisions stated above (i and ii) will apply to the properly resubmitted documents.

To ensure a proper invoice, the invoice must include the following information and/or attached documentation:

a. Name of the business concern, invoice number and invoice date;

b. Contract number, or authorization for delivery of property of performance of services;

c. Description, price, and quantity and services actually delivered or rendered;

d. Shipping and payment terms;

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

f. Other substantiating documentation or information as required by the contract.

Travel

No travel is needed.

Place of Performance

The place of performance will be online.

Period of Performance

The period of performance is for one year from execution of the contract, with four (4) additional option years, for a possible total of five (5) years.

Type of Contract

This contract will be a firm-fixed price contract.

Requirements for handling Sensitive/Proprietary Information

Use of sensitive or proprietary information is not anticipated. If however, sensitive or proprietary information is a factor that the data clauses don’t cover this will be discussed between HHS and the prospective offeror.

Government Furnished Resources and Information

The government will provide no facilities, supplies or services.

Government Furnished Property

The Government will not provide any property

Hours of Operation

The HHS’s normal working hours 8:00 am to 5:00 pm EST/EDT Monday through

Friday. Prospective offeror staff should be available during these hours to consult with the Government as needed.

Federal Holidays

The Department of Health and Human Services (HHS) will be closed, for the following holidays:

a. New Year’s Day

b. Martin Luther King’s Birthday

c. President’s Day

d. Memorial Day

e. Independence Day

f. Labor Day

g. Columbus Day

h. Veteran’s Day

i. Thanksgiving

j. Christmas

When one of the above-designated holidays falls on a Saturday, the preceding Friday will be observed as a legal holiday. When one of the above designated holidays falls on a

Sunday, the following Monday will be observed as a legal holiday.

The President may designate other days as federal holidays. In the event that this occurs, government employees may not be available.

Inclement Weather Days In the event of inclement weather, the prospective offeror is responsible for listening to the public media to determine if the HHS has been closed because of the weather.

As a result of the fluid nature of activities and schedules, the prospective offeror is encouraged to coordinate work schedules with their ASPR business owner to accommodate support requirements, other personnel availability, meeting schedules, vacation schedules and leave schedules.

Federal Advisory Committee Act (FACA)

Section 15 of the Federal Advisory Committee Act, 5 U.S.C. App. § 15, does not apply to the activities described in this proposal. Section 15 of FACA restricts agency use of any advice or recommendations provided by the Academy that were developed by use of an

Academy committee under an agreement with a Federal agency unless certain requirements are met. Those requirements do not apply to the work described in this proposal because the work does not involve either the use of an Academy committee or the provision of any advice or recommendations to a Federal agency.

Public Information about the Project

No public information about the project will be shared.

Standards of Conduct

In performing this contract, selected personnel may be required to interact with high-level government and non-government officials. The prospective offeror shall ensure that all its personnel conduct their work in a professional and responsible manner.

Government Liability

The government shall not be liable for any injury to the Prospective offeror’s personnel or damage to the Prospective offeror’s property unless such injury or damage is due to negligence on the part of the government and is recoverable under the Federal Torts

Claims Act, or pursuant to other Federal statutory authority.

Inspection and Acceptance

The Prospective offeror’s performance and the quality of services provided hereunder shall be subject to final inspection and acceptance by the Contracting Officer in conjunction with the Project Officer.

Prospective Offeror Performance

At the Project Officer’s discretion, he/she and the prospective offeror’s program manager shall meet quarterly to evaluate the manner in which the prospective offeror performed in accordance with the contract requirements and standards such as: good workmanship, the prospective offeror’s record of forecasting and controlling cost; the prospective offeror’s adherence to contract schedule, prospective offeror’s history of reasonable and cooperative behavior and commitment to customer satisfaction, and generally the prospective offeror’s business-like concern for the interest of the customer. The

Contracting Officer may attend these meetings.

Key Personnel Requirements

Certain skilled, experienced, professional and/or technical personnel are essential for successful accomplishment of the work to be performed under this order. These are defined as “Key Personnel” and are those persons whose resumes are to be submitted as part of the Prospective offeror’s quotation. The following personnel have been designated as Key personnel for this order: Project Manager.

The Prospective offeror agrees to use the key personnel during the performance of the resultant award and shall not be remove them from the contract work, replace them, or supplement them with additional personnel, unless authorized in accordance with the following provisions:

a. The Prospective offeror shall not substitute key personnel assigned to perform work under this contract without prior approval of the CO. Requests for approval of substitutions shall be in writing and shall provide a detailed explanation of the circumstances necessitating the proposed substitution(s). Requests must contain a complete resume for the proposed substitute, and any other information as requested by the Contracting Officer. Proposed substitutions must have qualifications that are equal to or higher than the key personnel being augmented.

The Contracting Officer or his authorized representative shall evaluate such requests and promptly notify the Prospective offeror in writing whether the proposed substitution is acceptable.

b. If the Contracting Officer determines that:

1. suitable and timely replacement of key personnel who are to be or have been reassigned, terminated, or have otherwise become unavailable for the contract work is not reasonable forthcoming, or

2. the resultant substitution would be so substantial as to impair the successful completion of the contract in accordance with the proposal accepted by the Government at the time of contract award, the Contracting

Officer may:

i. terminate the contract for cause or for the convenience of the

Government, in whole or in part, as appropriate, or

ii. in his discretion, if he finds the Prospective offeror a fault for the condition, equitably adjust the order price downward to compensate the Government for any resultant delay, loss, or damage.

c. These provisions shall be fully applicable to any subcontract and shall flow down to subcontracts.

Nondisclosure of Confidential Information

The Prospective offeror and any of its personnel assigned to work on this order, including any consultants, subprospective offerors or other representatives, are restricted as to their use of non-public information concerning any matter relating to the contract work. Any such information that is made known to the Prospective offeror by virtue of its work under this contract is deemed confidential/proprietary, and is subject to the attorney-client privilege, the attorney work-product doctrine, the deliberative process privilege, and any other relevant claims of privilege from disclosure under the Freedom of Information Act.

Confidential, proprietary, and source selection information are types of non-public information to which the Prospective offeror may be given access by virtue of its work under the contract. This type of information is not or has not been generally known or made available from other sources, or third parties, without obligation concerning their confidentiality. It is the responsibility of the Prospective offeror to preserve all such information in confidence. Any confidential/proprietary information relating to any aspect of this order may not be discussed or shared, or otherwise exchanged within or outside of the Prospective offeror's organization, except as to those individuals:

a. assigned to or performing the work under this order with a need to know such information and,

b. as permitted by the Contracting Officer or,

c. as otherwise permitted by the HHS. Immediately upon contract award (if not already provided as part of the proposal process), the Prospective offeror shall submit a list of assigned the Prospective offeror employees, subprospective offerors, consultants, representatives and, if any, other individuals it has identified as having a “need to know,” and obtain HHS' written consent to exchange confidential/proprietary information with them. The Non-Disclosure Agreement attached hereto as Attachment 1 must be executed by all affected individuals before the dissemination of any such information. The Prospective offeror agrees and understands that the HHS is procuring its requirements from the Prospective offeror under the condition that it ensure that its employees, subprospective offerors consultants, representatives or any other individuals who have been approved in writing by HHS to receive confidential/proprietary information do not engage in any discussions or other exchange of information with anyone who has not executed a Non-Disclosure Agreement. The approval process described above applies to any individuals who may become associated with the Prospective offeror following placement of this order.

1. Confidential Reports, Data and Procedures

All reports, information, discussions, procedures, and any other data that are collected, generated or results from the performance of this SOW are considered confidential/proprietary information, and may not be disclosed or used by the

Prospective offeror at any time in any manner outside the performance of this contract without the prior written approval of the HHS. Requests to make such disclosure must be addressed in writing to HHS. In the event The Prospective offeror is issued a subpoena, court order, or similar request seeking information related to this SOW, the Prospective offeror shall notify HHS in writing within one calendar day of knowledge or receipt of such request, whichever is sooner.

2. Confidential Project Status

The Prospective offeror may not discuss the contract work in progress with any outside party, including responding to media and press inquiries, without the prior written permission of the HHS. In addition, the Prospective offeror may not issue news releases or similar items regarding contract award, any subsequent contract modifications, or any other contract-related matter without the prior written approval of the Contracting Officer. Requests to make such disclosure should be addressed in writing to the Contracting Officer.

3. Confidential Materials

All documents, photocopies, computer data and any other information of any kind collected or received by the Prospective offeror in connection with the contract work shall be provided to the HHS upon request at the termination of the contract

(i.e., the date on which final payment is made on the contract or at such other time as may be requested by the Contracting Officer or as otherwise agreed by

Contracting Officer and the Prospective offeror).

4. Disclosure Prohibition Extends Beyond Performance Period

The prohibition on disclosure of the information described above is an ongoing obligation and does not terminate with completion of the contract work.

5. Certificate of Non-Disclosure

The Prospective offeror agrees that it will ensure that its employees and others performing services under this contract will not use or disclose any non-public information unless authorized by the Contracting Officer. To that end, the

Prospective offeror agrees that its employees and others performing duties on its behalf under this order will sign the Certificate of Nondisclosure which is provided as enclosure 2.

Prohibition of Intellectual Property Encumbrances

Prospective offeror shall ensure development adheres to open standards and avoids any restrictions to HHS’s ability to modify or distribute source code, structure, algorithms, functionality, or design elements which the Prospective offeror provides or works upon, such as by restricted use of third party intellectual property. Exceptions to this prohibition shall be considered on a case-by-case basis and shall require written confirmation from the Contracting Officer. Work performed by the Prospective offeror shall be considered

Work for Hire, except where otherwise secured by written agreement with Contract

Officer.

The Prospective offeror may not, without prior approval of the Contracting Officer, assert copyright in scientific and technical articles based on or containing data first produced in the performance of this contract for publication in academic, technical or professional journals, symposia proceedings, or similar works.

Section 508 Compliance

Section 508-Accessibility of Electronic and Information Technology

This SOW is subject to Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d) as amended by the workforce Investment Act of 1998 (P.L. 105-220). Specifically, subsection 508:

a. Requires that when the Federal Government procures Electronic and Information

Technology (EIT), the EIT must allow Federal employees and individuals of the public with disabilities comparable access to and use of information and data that is provided to Federal employees and individuals of the public without disabilities.

b. The EIT accessibility standards at 36 CFR Part 1194 were developed by the

Architectural and Transportation Barriers Compliance Board ("Access Board") and apply to contracts and task/delivery orders, awarded under indefinite quantity contracts on or after June 25, 2001.

c. Each Electronic and Information Technology (EIT) product or service furnished under this contract shall comply with the Electronic and Information Technology

Accessibility Standards (36 CFR 1194), as specified in the contract, as a minimum. If the Contracting Officer determines any furnished product or service is not in compliance with the contract, the Contracting Officer will promptly inform the prospective offeror in writing. The prospective offeror shall, without charge to the Government, repair or replace the noncompliant products or services within the period of time to be specified by the Government in writing. If such repair or replacement is not completed within the time specified, the Government shall have the following recourses:

1. Cancellation of the contract, delivery or task order, purchase or line item without termination liabilities; or

2. In the case of custom Electronic and Information Technology (EIT) being developed by a prospective offeror for the Government, the Government shall have the right to have any necessary changes made or repairs performed by itself or by another firm for the noncompliant EIT, with the prospective offeror liable for reimbursement to the Government for any expenses incurred thereby.

d. The Prospective offeror must ensure that all EIT products that are less than fully compliant with the accessibility standards are provided pursuant to extensive market research and are the most current compliant products or services available to satisfy the contract requirements.

e. For every EIT product or service accepted under this contact by the Government that does not comply with 36 CFR 1194, the Prospective offeror shall, at the discretion of the Government, make every effort to replace or upgrade it with a compliant equivalent product or service, if commercially available and cost neutral, on either a contract specified refresh cycle for the product or service, or on a contract effective option/renewal date; whichever shall occur first.

f. Section 508 Compliance for Communications

The Prospective offeror shall comply with the standards, policies, and procedures below. In the event of conflicts between the referenced documents and this SOW the SOW shall take precedence. In addition, all contract deliverables are subject to these 508 standards as applicable. Regardless of format, all Web content or communications materials produced, including text, audio or video - must conform to applicable Section 508 standards to allow federal employees and members of the public with disabilities to access information that is comparable to information provided to persons without disabilities. All prospective offerors

(including subcontractors) or consultants responsible for preparing or posting content must comply with applicable Section 508 accessibility standards, and where applicable, those set forth in the referenced policy or standards documents above. Remediation of any materials that do not comply with the applicable provisions of 36 CFR Part 1194 as set forth in the SOW, shall be the responsibility of the prospective offeror or consultant.

Security Requirements

All prospective offerors, consultants, and experts are required to have a suitability determination conducted. If the prospective offeror, consultant, or expert (regardless if the person is individually represented or a corporately represented) requires access to national security information in performing work for HHS, he or she must:

a. Follow the National Industrial Security Program Operating Manual [PDF -

1.2MB] (NISPOM) guidance.

b. Follow procedures with the Department of Defense to be granted a security clearance in accordance with departmental policy, individuals without a sponsoring organization are also required to have a suitability determination and should follow the same policies and procedures as federal employees and will be cleared by The Office of Security and Strategic Information (OSSI). Coordinate with the servicing PSR for the submission of the appropriate documentation. The

National Security Handbook [PDF - 746KB], Chapter 12 on Prospective offeror investigations provides additional guidance.

Evaluation Factors: Best Value

The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the

Government, price and other factors considered. The following factors shall be used to evaluate offers:

a. Technical Capability

a. Quantity, quality, and tastefulness of relevant images consistent with the look of www.PHE.gov and other ASPR Communications products

b. Ease of search-ability and tagging accuracy

c. Image format compatibility

d. Download and Re-use Policy

e. Licensure compatibility with ASPR requirements

f. Quantity and frequency of new images added per month

b. Price (of four (4) person team share with minimum of 250 images a month)

All evaluation factors other than cost or price, when combined, are approximately equal to cost or price.

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