DRAFT_SOW_STOPs.pdf
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- Solicitation number
- HHS-NIH-NIDA(MH)-RFP-14-004
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Attachment 1 - SOW (6/4/2014)
DRAFT STATEMENT OF WORK (SOW)
SCOPE
The Contractor shall independently provide scientific, technical, and other professional support services to assist the National Institutes of Health (NIH) in meeting its operational objectives. The Contractor shall provide services only to the NIH, which is comprised of the Office of the Director and 27 Institutes and Centers. To furnish these services to the NIH, a contractor’s principal place of work shall only be in the United States, Canada, or India. For the purposes of this statement of work, the United States is defined as the several States, the District of Columbia, the U.S. Virgin Islands, the Commonwealth of Puerto Rico, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and Wake Island. However, a contractor may be required to travel for up to no more than 29 days at a time to locations outside of the United States, Canada, or India (most likely Africa). Regarding the support services sought by this statement of work, this statement of work does not seek support services outside of the five task area descriptions provided below, although some of the sought services may involve blending services from multiple task areas. Further, this statement of work does NOT include clerical level administrative support, which is furnished by NIH’s LTASC contract, or another contract mechanism. Furthermore, this statement of work does NOT include obtaining legal advice or representation; however, the contractor may use individuals who happen to be licensed attorneys to furnish services other than providing legal advice or representation. Additionally, this statement of work does NOT include obtaining services which are expressly listed as inherently governmental in OFPP Policy Letter 11-01, Appendix A (Sep. 12, 2011).
PERIOD OF PERFORMANCE
The period of performance shall be for three years.
BACKGROUND
The National Institutes of Health (NIH), an Operating Division within the U.S. Department of Health and Human Services, is the primary Federal agency for conducting and supporting medical research. Helping to lead the way toward important medical discoveries that improve people’s health, NIH scientists investigate ways to prevent disease, as well as the causes, treatments, and cures for common and rare diseases.
NIH research impacts:
• Child and teen health;
• Men’s health;
• Minority health;
• Seniors’ health;
• Women’s health; and
• Wellness and lifestyle issues.
Composed of the Office of the Director and 27 Institutes and Centers (ICs), the NIH provides leadership and financial support to researchers across the United States and throughout the world. For over a century, the National Institutes of Health has played an important role in improving the health of the nation.
The goals of the Agency are as follows:
1. Foster fundamental creative discoveries, innovative research strategies, and their applications as a basis to advance significantly the Nation’s capacity to protect and improve health;
2. Develop, maintain, and renew scientific human and physical resources that will assure the Nation’s capability to prevent disease;
3. Expand the knowledge base in medical and associated sciences in order to enhance the Nation’s economic well-being and ensure a continued high return on the public investment in research; and
4. Exemplify and promote the highest level of scientific integrity, public accountability, and social responsibility in the conduct of science.
In realizing these goals, the NIH provides leadership and direction to programs designed to improve the health of the Nation by conducting and supporting research:
• In the causes, diagnosis, prevention, and cure of human diseases;
• In the processes of human growth and development;
• In the biological effects of environmental contaminants;
• In the understanding of mental, addictive and physical disorders; and
• In directing programs for the collection, dissemination, and exchange of information in medicine and health, including the development and support of medical libraries and the training of medical librarians and other health information specialists.
TASK AREAS
The Contractor shall provide support services as described in the following five task areas. This statement of work does not seek support services outside of the task area descriptions. Services shall be furnished according to individual fixed-price tasks orders issued during the contract period of performance.
Task Area 1: This task area encompasses providing clinical research support and other professional support to research efforts involving human subjects. The support contemplated ranges from management assistance, providing scientific or other professional analysis and advice, furnishing logistical or operational support or assistance, directly assisting in an experiment, laboratory, or a clinical setting, obtaining, compiling, or organizing data and writing reports, to conducting or assisting in all publishing or other communications efforts related to the research. However, this task area does not include clerical level administrative support, which is furnished by NIH’s LTASC contract, or another contract mechanism. Hence, with the exception of clerical level administrative support, any task which the agency requires to support research involving human subjects, and only human subjects, may be obtained under this task area. Further, the level of professional expertise being obtained through this task area runs the full gamut from work tasks not requiring degrees, credentials, licenses, or certifications up to and including licensed practitioners and highly specialized PhD or doctorate level professionals. The labor categories related to this task area include but are not limited to the following:
Accounting Technician Editorial Assistant, Scientific Patient Coordinator Acupuncturist EEG Technician Patient Research Coordinator Biochemist Electronic Technician Paralegal Bioinformatics Scientist Ethics Program Analyst Photographer Biologist Executive Assistant Procurement Technician Biomedical Engineer Financial Analysis Manager Project Manager Biostatistician Genetics Counselor Public Affairs Specialist Budget Analyst Grants Management Executive Public Health Specialist Budget Assistant Grants Management Specialist Recruitment & Outreach Prog Mgr Chemist Grants Program Analyst Recruitment & Outreach Specialist Clinical Advisor Human Resources Advisor Research Analyst Clinical Data Specialist Human Resources Development
Spec Researcher
Clinical Interviewer Human Resources Specialist Science Policy Analyst Clinical Operations Manager Laboratory Assistant Scientific Program Analyst Clinical Program Manager Laboratory Manager Scientific Program Manager Clinical Protocol Coordinator Lab. Shipping & Receiving Clerk Scientific Research Analyst Clinical Psychologist Laboratory Technician Scientific Reviewer Clinical Research Associate Legislative Assistant Scientist Clinical Research Coordinator Management Analyst Senior Advisor Communications Editor Medical Laboratory Technician Social Worker Communications Editor, Scientific Medical Officer Statistician Contracts and Grants Specialist Medical Records Specialist Technical Writer Contracts Advisor Meeting Coordinator Technical Writer, Scientific Contracts Analyst MRI Data Analyst Training Coordinator Contracts Assistant MRI Psychology Researcher Training Specialist Data Analyst MRI Technician Driver/Courier Operations Coordinator Echo Technician Outreach Coordinator
Task Area 2: This task area encompasses providing clinical research support and other professional support to research efforts involving non-human subjects. The support contemplated ranges from management assistance, providing scientific or other professional analysis and advice, furnishing logistical or operational support or assistance, directly assisting in an experiment, laboratory, or a clinical setting, obtaining, compiling, or organizing data and writing reports, to conducting or assisting in all publishing or other communications efforts related to the research. However, this task area does not include clerical level administrative support, which is furnished by NIH’s LTASC contract, or another contract mechanism. Hence, with the exception of clerical level administrative support, any task which the agency requires to support research involving non-human subjects, and only non-human subjects, may be obtained under this task area. Further, the level of professional expertise being obtained through this task area runs the full gamut from work tasks not requiring degrees, credentials, licenses, or certifications up to and including licensed practitioners and highly specialized PhD or doctorate level professionals. The labor categories related to this task area include but are not limited to the following:
Accounting Technician Grants Program Analyst Public Affairs Specialist Animal Biologist Human Resources Advisor Public Health Specialist Animal Technician Human Resources Development Spec Recruitment and Outreach Prog
Mgr Biochemist Human Resources Specialist Recruitment and Outreach
Specialist Bioinformatics Scientist Laboratory Assistant Registered Nurse Biologist Laboratory Manager Research Analyst Biomedical Engineer Lab. Shipping & Receiving Clerk Research Nurse Biostatistician Laboratory Technician Researcher Budget Analyst Legislative Assistant Science Policy Analyst Budget Assistant Licensed Practical Nurse Scientific Program Analyst Chemist Management Analyst Scientific Program Manager Clinical Advisor Medical Assistant Scientific Research Analyst Communications Editor Medical Laboratory Technician Scientific Reviewer Communications Editor, Scientific Medical Records Specialist Scientist Contracts Advisor Meeting Coordinator Senior Advisor Contracts Analyst MRI Data Analyst Sleep Technician Contract Assistant MRI Psychology Researcher Statistician Contracts & Grants Specialist Nurse Practitioner Technical Writer Driver/Courier Nursing Assistant Technical Writer, Scientific Data Analyst Operations Coordinator Senior Advisor Editorial Assistant, Scientific Outreach Coordinator Training Coordinator Electronic Technician Paralegal Training Specialist Ethics Program Analyst Phlebotomist Ultra Sound Technician Executive Assistant Photographer Visa Coordinator Fellowship Program Analyst Policy Analyst Financial Analysis Manager Procurement Technician Grants Management Executive Project Manager Grants Management Specialist
Task Area 3: This task area encompasses providing clinical research support and other professional support to research efforts which do not involve living subjects. The support contemplated ranges from management assistance, providing scientific or other professional analysis and advice, furnishing logistical or operational support or assistance, directly assisting in an experiment, laboratory, or a clinical setting, obtaining, compiling, or organizing data and writing reports, to conducting or assisting in all publishing or other communications efforts related to the research. However, this task area does not include clerical level administrative support, which is furnished by NIH’s LTASC contract, or another contract mechanism. Hence, with the exception of clerical level administrative support, any task which the agency requires to support research not involving living subjects, and only research not involving living subjects, may be obtained under this task area. Further, the level of professional expertise being obtained through this task area runs the full gamut from work tasks not requiring degrees, credentials, licenses, or certifications up to and including licensed practitioners and highly specialized PhD or doctorate level professionals. The labor categories related to this task area include but are not limited to the following:
Accounting Technician Grants Program Analyst Science Policy Analyst Biochemist Executive Assistant Scientific Program Analyst Bioinformatics Scientist Financial Analysis Manager Scientific Program Manager Biologist Human Resources Advisor Science Policy Analyst Biomedical Engineer Human Resources Development
Spec Scientific Program Analyst
Biostatistician Human Resources Specialist Scientific Program Manager Budget Analyst Laboratory Assistant Scientific Research Analyst Budget Assistant Laboratory Manager Scientific Reviewer Chemist Lab. Shipping & Receiving Clerk Scientist Clinical Advisor Laboratory Technician Senior Advisor Clinical Data Specialist Legislative Assistant Statistician Clinical Interviewer Management Analyst Technical Writer Clinical Operations Manager Medical Laboratory Technician Technical Writer, Scientific Clinical Program Manager Medical Records Specialist Training Coordinator Clinical Protocol Coordinator Meeting Coordinator Training Specialist Clinical Psychologist MRI Data Analyst Clinical Research Associate MRI Psychology Researcher Clinical Research Coordinator Operations Coordinator Communications Editor Outreach Coordinator Communications Editor, Scientific Paralegal Contracts and Grants Specialist Patient Coordinator Contracts Advisor Patient Research Coordinator Contracts Analyst Photographer Contracts Assistant Procurement Technician Data Analyst Project Manager Driver/Courier Public Affairs Specialist Editorial Assistant, Scientific Public Health Specialist Electronic Technician Recruitment & Outreach Prog Mgr Ethics Program Analyst Recruitment & Outreach Specialist Grants Management Executive Research Analyst Grants Management Specialist Researcher
Task Area 4: This task area encompasses information technology support to the NIH. Information Technology support includes all aspects of code creation, programming and software development, hardware configuration, customizing machines and systems, system preventative maintenance, maintenance, desktop support, network development, system administrator functions, inventorying hardware and software, monitoring, security implementation including patching and upgrading as needed, troubleshooting, and repair. Information Technology support also includes deploying to user sites and other activities for the upgrade or change-out of software and hardware (including completing paperwork, such as to maintain licenses and warranties or to complete bills of lading and other paperwork for the receipt, transport, or removal of Government property). This task area also includes all activities related to internet publishing, including creating and maintaining websites and communication portals. This task area also includes providing all advice and assistance, logistics, operational support, and other professional support as needed to perform all aspects of maintaining, altering, or improving NIH’s IT infrastructure, systems, and machines. The labor categories related to this task area include but are not limited to the following:
Computer Programmer Graphic Designer Project Manager Computer Systems Analyst IT Desktop Specialist Senior Advisor Database Administrator IT Support Assistant Systems Administrator Database Manager, Scientific Network Administrator Technical Writer, IT Database Programmer Network Security Administrator Web Content Editor Editorial Assistant, Web Network Security Manager Web Developer Web Development Manager
Task Area 5: This task area encompasses providing architectural and engineering, maintenance, and facility advice, assistance, and support to the NIH. This task area includes all aspects of assisting, advising on, supporting, and conducting facility maintenance. The task area expressly excludes janitorial services, renovation, and new construction. However, this task area does include project management and other advice, assistance, and support functions for the planning, management, oversight, inspection, compliance review, and close-out of janitorial services, renovation, and new construction. This task area also includes conducting space planning/design, and cubicle and office configuration and re-configuration. Further, the work sought under this task area includes advice, assistance, and support as to all aspects of physical property inventorying, accountability, management, surplusing, and disposal. Furthermore, the work sought under this task area shall only be performed in facilities within the Continental United States which are occupied by the NIH. Additionally, this task area includes providing advice, assistance, and support for HVAC, electrical systems, plumbing and sprinklers, and physical security. This task area also includes providing advice, assistance, and support for the planning and coordinating of the maintenance and movement of intricate scientific equipment. This task area may also include certain services which furnish limited logistical support to facility operations, such as a mail room clerk or a driver/courier. However, the task area expressly excludes topiary and landscaping (such as trimming, mowing, and mulching). The labor categories related to this task area include but are not limited to the following:
Architect Facilities Security Engineer Property Accountability Manager Driver/Courier Instrumentation Electrical
Engineer Property Technician
Executive Assistant Management Analyst Senior Advisor Facilities Management Assistant Operations Coordinator Facilities Planning Manager Project Manager
The labor category catalog provides definitions to the aforementioned labor categories, which shall be used to provide the services sought under the task areas, and under each task order. To be clear, the aforementioned labor categories are not an exhaustive list. During the term of contract performance, NIH shall add labor categories to what is presented in this statement of work; however, all added labor categories shall be for services which fall within one or several of the five task areas. Further, individual task orders may seek different skill levels or levels of professionalism within a single labor category.
SPECIFIC REQUIREMENTS
The Contractor is apprised of the following requirements for specific labor categories. First, the NIH shall not acquire services to support acquisition source selection unless issuing a task order for those services is in accordance with FAR 37.203. Further, in accordance with FAR Subpart 3.11, the contractor is required to have a system in place to screen for and prevent personal conflicts of interest for individuals involved in providing acquisition assistance.
Next, in accordance with FAR 37.401, NIH shall only obtain the services of physicians, dentists, and other health care providers on the express understanding that the Government retains no control over the medical and professional judgments which are to be made as part of furnishing those services, the contractor shall indemnify the Government for any liability-producing act or omission by the contractor’s physicians, dentists, and other health care providers, the contractor shall maintain medical liability insurance which is not less than the prevailing amount of coverage for practitioners within the local community for the medical specialty covered, and any relevant subcontract shall contain FAR Clause 52.237-7. Further, the contractor company, any subcontractor or consultant firm, and any individual health care provider furnished under the contemplated contract, may be required to sign a HIPAA non-disclosure or business associate agreement, consideration for that agreement tied to the contract contemplated by this SOW.
FILLING LABOR CATEGORIES TO PROVIDE THE REQUIRED SERVICES
As to the contractor finding individuals to fill labor categories for the provision of any required services, the contractor is given full discretion to fill a position with its own employees, subcontractor employees, or independent contractors or consultants, provided that the offered task order price is fair and reasonable.
Although to provide the required services an individual contractor’s principal place of work may be in the United States, Canada, or India, based on previous experience, in all likelihood the majority of all tasks shall be performed in the Bethesda or Rockville, Maryland areas. Also, for some tasks orders, the Contractor shall be allowed to fulfill the services sought under the task order with support personnel working remotely (contractor facility or telework).
Approximately 95% of all work tasks are anticipated to be long-term efforts requiring continuous performance in excess of six (6) months; however, there may be a need for intermittent tasks with flexible hours. The majority of the services required shall necessitate full-time work; however, there may be a need for part-time services and overtime. Part-time and overtime requirements shall be defined on the individual task order award documents.
The task areas sought require a broad skill range across an entire spectrum of employment categories. The division of skill categories is likely, but not guaranteed, to follow the approximate breakdown below:
Scientific 54% Professional/Executive Admin 28% Information Technology 11% Healthcare 4% Engineering/Facility Maintenance 3%
Below are Department of Labor wage determinations for all NIH Locations served under the current contract.
Work State Work County DOL Wage Determination Arizona Maricopa 2005-2023
California Los Angeles 2005-2047 California San Diego 2005-2057 Connecticut Hartford 2005-2087 Connecticut Fairfield 2005-2087 Florida Citrus 2005-2113 Florida Orange 2005-2123 Florida Osceola 2005-2123 Florida Pasco 2005-2125 Georgia Bibb 2005-2139 Georgia Fulton 2005-2133 Maryland Baltimore 2005-2247 Maryland Frederick 2005-2103 Maryland Howard 2005-2247 Maryland Montgomery 2005-2103 Maryland Queen Anne's 2005-3015 Massachusetts Bristol 2005-2253 Massachusetts Essex 2005-2255 Massachusetts Middlesex 2005-2255 Massachusetts Norfolk 2005-2255 Michigan Washtenaw 2005-2269 Michigan Wayne 2005-2273 Montana Ravalli 2005-2317 New Jersey Hunterdon 2005-2349 New Jersey Middlesex 2005-2349 New York Albany 2005-2367 New York Erie 2005-2371 New York New York 2005-2375 New York Suffolk 2005-2373 North Carolina Durham 2005-2401 North Carolina Rutherford 2005-2389 North Carolina Wake 2005-2401 Oregon Multnomah 2005-2441 Pennsylvania Berks 2005-2447 Pennsylvania Cumberland 2005-2447 Pennsylvania Jefferson 2005-2451 Pennsylvania Montgomery 2005-2449 South Carolina Beaufort 2005-2473 South Carolina Richland 2005-2475 Texas Fort Bend 2005-2515 Texas Harris 2005-2515 Virginia City of Danville 2005-2547 Virginia Fairfax 2005-2103 Virginia Staunton City 2005-2547 Washington DC District of Columbia 2005-2103
CONTRACTOR MANAGEMENT OF ITS OWN EMPLOYEES, SUBCONTRACTORS, AND CONSULTANTS
The Contractor shall be required to replace an individual contractor/subcontractor/consultant that leaves the Contractor’s employ when the requirement covered by the task order still exists. Further, the Contractor may replace an individual contractor/subcontractor/consultant when recommended by the Government; however, the decision to remove a non-performing individual belongs to the contractor, and if the contractor continues to fail to perform, the Government may pursue appropriate remedies under the contract. NIH program officials may suggest potential labor sources for providing services under task orders; however, the decision whether to hire any person to perform under a task order belongs to the Contractor.
The Contractor shall be required to handle all management issues for its employees, subcontractors, and consultants, which includes a wide variety of in-processing issues such as employee orientation, completion of forms, facility tours, availability of parking, security requirements, etc. Additionally, the Contractor will provide electronic timekeeping services, verify hours worked, resolve individual contractor issues, administer Government approved travel requirements, provide visa processing for non-US citizen contract employees, etc.
The Contractor will also be required to provide accurate and timely billing rates and confirmations for each individual contractor hired.
To facilitate the Contractor’s management of its own employees, subcontractors, and consultants, NIH shall provide office space for approximately 17 Contractors on-site in the Bethesda and/or Rockville, Maryland area to oversee the project. The amount of space will be determined prior to contract award based on the Contractor’s proposed support staff. In addition, NIH will provide office space for 1 on-site Contractor staff each in Baltimore, MD and Raleigh/Durham, NC. Regarding future growth, any geographic location that has 50 or more contractors will require the addition of on-site Contractor management at that location. In the spaces provided for Contractor management, the Contractor shall provide all of the materials necessary for it to maintain its own business records and conduct its own business-internal administrative functions, such as all IT machines, office supplies, employee files, etc. However, NIH may provide Government-owned IT machines solely for the Contractor’s managers at these locations to be able to communicate on and support the substantive work being performed by Contractor employees under a task order. The overall intent is that NIH does not want contractor-internal business records or contractor-internal communications on Government machines; nor does NIH want the Government’s non-public information on Contractor machines.
To be clear, the Contractor, not the Government, shall be responsible for managing and supervising its personnel at all locations, regardless as to whether a Contractor manager/supervisor is located on-site. In each task order, the Government shall provide the specific requirements for the services to be performed, and Contractor management/supervisors shall be responsible for controlling and ensuring the performance of contractor personnel in meeting those requirements at the various NIH offices.
NON-PERSONAL SERVICES NATURE OF THE SERVICES BEING PROVIDED
Contractor employees, subcontractors, and consultants performing services under this order will be managed, directed, and supervised at all times by management supervisory personnel of the Contractor. The Contractor’s management shall ensure that employees properly comply with the performance standards outlined in this statement of work, and the Performance Evaluation Standards for each Task Order. Contractor employees will perform independent of, and without the supervision of, any Government official. Actions of Contractor employees may not be interpreted or implemented in any manner which results in any Contractor doing the following: creating or modifying Federal policy; obligating the appropriated funds of the U.S. Government;
overseeing the work of Federal employees; and providing direct personal services to any Federal employee or otherwise violating the prohibitions set forth in Parts 7.5 and 37.1 of the Federal Acquisition Regulation (FAR).
The Government will control access to the facility and will perform the inspection and acceptance of the completed work.
GENERAL REQUIREMENTS
a. Recruitment and Retention:
The Contractor shall employ hiring and retention practices that ensure the Contractor is able to identify, screen, place, monitor, train, and retain qualified candidates to fulfill service requirements under this contract.
b. Training:
The Contractor, at its own expense, shall perform training, except as otherwise noted below:
1. The Government may provide training on NIH-specific systems particular to the work to be performed by the Contractor. If the Contractor changes employees during the performance of tasks frequently enough to interfere with Government operations and impose a burden on Government training staff, the Contractor may be subject to a downward equitable adjustment, and/or a determination that the contractor has failed to perform relevant task orders.
2. Limited training of individuals contractors may be authorized; as an example, when the client agency changes software systems during the performance of an ongoing task and it is determined to be in the best interest of the Government to furnish that training to the Contractor’s chosen individual.
3. When the Government has given prior approval for training to meet special requirements that are peculiar to a particular Task Order, the Government may reimburse the Contractor for tuition, travel and per diem as required. Any reimbursement shall be in accordance with FAR Subpart 31.2 and reimbursed travel costs shall not exceed the applicable per diem and mileage rates in the Federal Travel Regulation. The travel/training/conference attendance will be negotiated in advance and awarded as a fixed price task order or task order modification. A travel/training request form will be prepared by the individual contractor and forwarded to the Contracting Officer Representative (COR) for review. If the travel/training/conference is deemed appropriate, the COR will approve and the Contractor will notify Contractor personnel via written notification. There will be individual contractors who travel to foreign locations for conferences.
Types of visas often required for travel include J-2, H1B, O-1, F-1 and TN. Funds for visa processing fees will be awarded in Task Orders that require them. A background investigation may be conducted by NIH.
4. The Contractor shall ensure that each contractor/subcontractor/consultant employee complete all NIH required training courses.
5. The Contractor shall provide an appropriate orientation outlining guidelines for working at the NIH and NIH’s policies for on-site contractors, and any applicable Contractor company policies.
6. In very limited circumstances, relocation expenses may be negotiated for and paid for as provided by the Contractor’s fixed-price proposal in response to an issued task order. In those circumstances, costs shall be in accordance with FAR 31.205-35, the FTR, and NIH policies.
c. Licensing and Certification Requirements:
The contractor must ensure that contract staff possesses the appropriate licensure and/or certification as required by applicable law for the service being performed, and/or provided in the labor category description or the task order.
d. Timecards and Invoicing:
1. The contractor must provide and manage a user friendly web-based labor collection and review system for timecards. Apart from audits or investigations, the Government does not require access to the
Contractor’s system. However, the Government requires level-of-effort and billing information to be submitted electronically.
2. The contractor must provide timely, detailed, and accurate electronic monthly invoicing (note: an invoice should include all sub-contractors and consultants).
e. Insurance Requirements:
The contractor must meet requisite insurance requirements for all skill categories as defined in the solicitation, relevant task orders, or as is customary for the services being performed (such as automobile, Standard Workmens’ Compensation, Employer’s Liability Insurance, Ref: FAR Clause 52.228-7 Insurance-Liability to Third persons).
IMPORTANCE OF THE CONTRACTOR’S BENEFITS
In the Contractor’s proposal, the Contractor shall provide specific details as to the benefits packages being provided to employees, including: paid time off (vacation/sick time with a recommended minimum of four (4) weeks); holiday pay in accordance with defined holidays as listed below; health benefits; retirement benefits;
other benefits; and any performance incentives. Because successful performance of this contract hinges on the
Contractor’s ability to attract and keep talented professionals, the Government shall be evaluating a Contractor’s benefits program as an indicator of the ability to successfully perform. However, to be clear, the Government is not requiring that the Contractor adopt any specific benefits or benefits system.
Employee, subcontractor, and consultant work schedules shall allow for the 10 Federal Holidays listed below. In the instance of an unscheduled facility closing due to snow or other inclement weather, Presidential Order, or another contingency as determined by the Department, NIH, or the Office of Personnel Management, the Government will not grant Contractor personnel paid time off for that day. It shall be the Contractor's responsibility to determine how its employees, subcontractors, and consultants are compensated for any work day lost to a contingency event.
• New Year’s Day (January 1)
• Martin Luther King, Jr.’s, Birthday (Third Monday in January)
• Presidents’ Day (Third Monday in February)
• Memorial Day (Last Monday in May)
• Independence Day (July 4)
• Labor Day (First Monday in September)
• Columbus Day (Second Monday in October)
• Veterans Day (November 11)
• Thanksgiving Day (Fourth Thursday in November)
• Christmas Day (December 25)
If the holiday falls on a Saturday, the preceding Friday is the holiday. If the holiday falls on a Sunday, the following Monday is the holiday. When Inauguration Day falls within the regularly scheduled tour of duty of an employee in the Metropolitan Washington, DC area, it is observed as a holiday.
OVERTIME
Authorization for overtime, if necessary, may be provided as part of an individual Task Order. Overtime shall be in accordance with FAR Clause 52.222-2 (Payment for Overtime Premiums (July 1990)).
PLACES OF PERFORMANCE
As discussed above, the primary place of work for most requirements shall be the Rockville-Bethesda, Maryland area with other principal places of work being at other locations throughout the United States, and a few requirements establishing principal places of work in Canada or India. Further, the principal place of work for many requirements shall be in an NIH facility; however, some requirements may be performed elsewhere such as the contractor’s facility. Furthermore, regardless of principal place of work, a contractor may be required to travel for up to no more than 29 days at a time to locations outside of the United States, Canada, or India (most likely Africa).
The NIH main campus is located at:
National Institutes of Health 9000 Rockville Pike Bethesda, MD 20892
To give an offeror a better idea as to where services shall be provided, the following constitutes historical information as to where services were provided for the previous contract. NIH disclaims that contract performance for the contract contemplated by this statement of work will necessarily be the same as or similar to what is provided below.
Work City Work
State Total
Ambler PA 1 Ann Arbor MI 2 Arcadia CA 1 Atlanta GA 1 Audubon PA 1 Baltimore MD 101 Bethesda MD 880 Billerica MA 1 Bluffton SC 1 Brisbane CA 1 Buffalo NY 1 Camp Hill PA 1 Canton CT 1 Canton MI 1 Chapel Hill NC 1 Clarksburg MD 1 Columbia SC 2 Danville VA 1 Delmar NY 1 Detroit MI 2 Dickerson MD 2 Ellicott City MD 1 Framingham MA 5 Frederick MD 4 Ft Detrick MD 1 Gaithersburg MD 28 Georgetown MA 1 Glastonbury CT 1 Great Falls VA 1 Hamilton MT 30 Hampton NJ 1 Harmony FL 1 Highland Park NJ 1 Houston TX 1 Land O Lakes FL 1 Lecanto FL 1 Macon GA 1 Malden MA 1 Manchester CT 1 Marietta GA 1 Missouri City TX 1 Monrovia MD 1 Montreal QC 1 Morrisville NC 3 Needham MA 1 New Delhi India 1 New York NY 1 North Wales PA 1
Orlando FL 1 Phoenix AZ 3 Portland OR 1 Raynham MA 1 Reading PA 1 Redford MI 1 Research Triangle Park NC 45 Ridgefield CT 1 Riverhead NY 1 Rockville MD 517 Rutherfordton NC 1 San Diego CA 1 Scarborough ON 1 Silver Spring MD 1 Staunton VA 1 Sugar Land TX 1 Timblin PA 1 Toronto CA 1 Upton NY 1 Washington DC 2 Weeki Wachee FL 1 Wynnewood PA 1
Grand Total 1681
GENERAL SECURITY AND PROPERTY AND INFORMATION DISPOSITION REQUIREMENTS
APPLICABLE TO WORK UNDER ALL TASK ORDERS
Because this statement of work involves the contractor using skilled professionals to furnish services to the NIH, mostly at NIH facilities, the Government shall generally be providing the materials and supplies necessary for the contractor employees to perform (with exceptions such as some IT services). However, this heightens the need for the Contractor (and its individual contractors/subcontractors/consultants) to be good custodians of Government property and information. Consequently, FAR Clause 52.245-1, Alternate I (APR 2012) shall be incorporated into the Contract, and the Contractor (and its individual contractors/subcontractors/consultants) assume risk of loss for Government property, excepting reasonable wear and tear and proper consumption.
At all times during contractor performance, the Contractor (and its individual contractors/subcontractors/consultants) shall comply with all applicable statutes, regulations, and procedures regarding the safeguarding and security of Government property and information. Specific requirements may be elaborated upon in individual task orders. Further, at all times an individual contractor (or any individual consultant or subcontractor at any tier working for the prime contractor company) must safeguard Government property and information. A failure of an individual contractor (or any individual consultant or subcontractor at any tier working for the prime contractor company) to safeguard Government property or information may not only constitute a performance failure under a task order, a contract breach, or cause for a debt determination, the individual contractor (or any individual consultant or subcontractor at any tier working for the prime contractor company) may be subject to pursuit under applicable civil and criminal laws, depending on the circumstances.
Regarding Government information and IT systems, an individual contractor (or any individual consultant or subcontractor at any tier working for the prime contractor company) shall not disclose and must safeguard procurement sensitive and other non-public information, designated protected information, computer systems and data, Privacy Act data, and Government or contractor personnel work products which are obtained or generated in the performance of the contract or a specific task order.
Before any individual who is not a Government employee is given access to non-public information or
Government IT systems, that individual must be in the employ of the prime contractor company or one of the prime contractor company’s subcontractors or consultants (at any tier), and may only be given access under the following conditions:
(1) It is necessary for the person to have access in order to perform the contract;
(2) Before receiving the information, the person must be a US citizen, US national, or a permanent resident;
(3) Before receiving the information, the person passed a National Agency Check with Inquiries (NACI); and
(4) Before receiving the information, the person signed a legally valid non-disclosure agreement (NDA) which is supported with adequate contractual consideration (typically employment under the contract).
If any individual contractor (or any individual consultant or subcontractor at any tier working for the prime contractor company) knowingly or inadvertently releases non-public information (which could include release to another employee of the Contractor who does not require access for performance under the Contract), not only may it constitute a breach of contract, contractor/subcontractor principals or individuals involved may be prosecuted under 18 U.S.C. § 641. To be clear, transferring Government non-public information through a contractor/personally-owned e-mail account shall likely constitute an unwarranted or illegal release of non-public information.
The Contractor should count on most, if not all, individuals performing under the contract being given access to Government computers and workstations. An individual contractor (or any individual consultant or subcontractor at any tier working for the prime contractor company) shall not transfer or store non-public information on a non- Government computer, system, machine, server, external device, network, or e-mail account, unless otherwise authorized by the task order, agency procedure, or an appropriate agency official. This means that the Government generally prohibits non-public information from being stored on or transferred to contractor or personally-owned computers, machines, networks, and systems. For the purposes of adhering to this term, a transfer of non-public information from the individual’s Government-provided e-mail address to another Government e-mail address, regardless as to the network the information passes through, shall generally be considered transfer through a Government system. However, the individual must comply with applicable statues, laws, regulations, and procedures regarding what information must be encrypted for electronic communications. Further, all username and password information used by an individual contractor (or any individual consultant or subcontractor at any tier working for the prime contractor company) for access to a Government machine, system, or network shall only be stored on managed and encrypted storage devices.
This information shall not be stored on un-encrypted workstations or servers. Furthermore, for any information or communications requiring encryption, an individual contractor (or any individual consultant or subcontractor at any tier working for the prime contractor company) shall use no less than FIPS 140-2 or FIPS 140-3 encryption to protect the information and communications both at rest or during transmission.
An individual contractor (or any individual consultant or subcontractor at any tier working for the prime contractor company) shall follow National Archive and Records Administration (NARA) guidelines for the disposition of records used or created under any Task Order (with the exception of contractor-internal business records).
For individual contractors (or any individual consultant or subcontractor at any tier working for the prime contractor company) who are providing IT support under Task Area 4, additional security requirements are furnished below.
ANIMAL SURVEILLANCE PROGRAM/MEDICAL TESTING/PREPARATION FOR ANIMAL HANDLING
Due to the nature of NIH’s mission, some Contractors will require pre-employment Animal Surveillance and other medical surveillance testing and immunizations. The tasks requiring this pre-employment testing will be identified on the Task Order award documents. A sample of the pre-employment and other medical testing includes but is not necessarily limited to the following:
PPD
Chest X-Ray Hepatitis B Vaccine Hepatitis B Titer Rabies Vaccination Pre enroll/Annual Serum Draw
Physical Exam Medical Record Fee (yearly) Annual Influenza Immunization
TRANSITION AND SUCCESSION
As part of its proposal, the Contractor shall provide a transition and succession plan which demonstrates the capability to ensure a smooth transition from the current contract, and to one or multiple successor contracts, with minimal service disruptions and degradations to service quality.
PROPERTY RIGHTS
Unless a different arrangement is established by an individual task order for work under that task order, all tangible and intangible/intellectual property purchased or created under this Contract (excepting Contractor-internal business records) shall become the sole property of the NIH (including but not limited to work products, reports and other writings, inventions, copyrightable representations, source or object code, scripts, applications, customizations, materials, tools, machines, and/or configurations of devices/systems/services), and the contractor/subcontractor/consultant (or any contractor employee or individual consultant or subcontractor at any tier working for the prime contractor company) shall retain no usage rights to any of it following the completion of task order performance.
IT SECURITY REQUIREMENTS FOR TASK ORDERS REQUIRING IT SUPPORT UNDER TASK AREA 4
For a task order which requires IT support under Task Area 4, and only for a task order which requires IT support under Task Area 4, depending on the nature of the IT services being sought by the task order, the contractor or a performing subcontractor may be required to meet one or all or the following IT security requirements for the work under that task order. The task order shall specify which requirements apply.
However, in preparation for performing this contract, the Contractor (or Contractor’s performing subcontractor or consultant) should be prepared, when called upon, to meet any of these requirements. To be clear, these IT security requirements shall not be extended to task orders which do not call for IT support.
(1) The contractor or relevant subcontractor’s system may be required to comply with all Federal Risk and Authorization Management Program (FedRAMP) requirements, including an assessment done by an accredited Third Party Assessor Organization (3PAO). In order to verify compliance, as part of its task order proposal, the contractor or performing subcontractor/consultant shall furnish all FEDRAMP-required documentation and proof of certification. These requirements flow down to any subcontractor at any tier which the contractor may use to provide the service. Consequently, if the contractor proposes to use subcontractors to provide IT support services under the applicable task order, the appropriate subcontractor FedRAMP documentation and proof of certification shall be included with the prime contractor’s task order proposal. To be clear, if the prime contractor shall not use its own employees to perform the substantive work under the task order, the prime contractor shall not be required to demonstrate FEDRAMP compliance. However, the contractor or relevant subcontractor shall supply all HHS required Certification and Accreditation documents specified in the task order to the Contract Officer at the “go-live” production time of the IT system life cycle.
(2) The contractor, and/or any subcontractor/consultant at any tier, may be required to possess systems which are Trusted Internet Connection (TIC) compliant. As part of this, the contractor (and any subcontractor at any tier working under a relevant task order) must restrict and route the electronic transmission of information through the Government’s TIC Access Providers (TICAPs). A failure of the contractor or one of its subcontractors at any tier to route information through the TICAPs when required constitutes a data breach. To facilitate meeting this requirement, the Government shall furnish the relevant IP addresses for the appropriate TICs.
(3) For the contactor and its subcontractors at any tier, all data centers, servers, and router infrastructure which shall be used to perform a task order shall be located in the United States. Further, as to the networks relied upon for data transmission, every piece of a network relied upon for data transmission must be within the United States. The overall intent is that no data packet related to task order performance shall leave the United States without the express permission of the Contracting Officer or one of the Contracting Officer’s authorized representatives. The contractor, or the contractor’s performing subcontractor (at any tier), shall include sufficient representations in a task order proposal to demonstrate that it will meet this requirement. Furthermore, in the contractor’s task order proposal, the contractor may be required identify all data centers where the data in transit or at rest (including in backup form) shall reside.
(4) The contractor and/or any subcontractor (at any tier) performing the task order may be required to maintain an effective system to monitor for, identify, and report data breaches and computer security incidents. As part of this, FedRAMP requires that the contractor or relevant subcontractor is capable of furnishing Security Content Automation Protocol (SCAP)-compliant diagnostic reports. The contractor, and/or any subcontractor at any tier, shall use SCAP-compliant and DHS Continuous Diagnostics and Mitigation Program (CDM)-compliant automated tools for active/passive scans in order to provide an inventory of all IT assets for both hardware and software. As part of this, scans to provide visibility into the security configuration compliance status of all IT assets which are processing Government information and data shall be conducted and made available. Scans to detect any security vulnerabilities in all IT assets which are processing Government information and data shall also be conducted and made available. SCAP and CDM compliant diagnostic reports shall be provided to the HHS Computer Security Incident Response Center at least once per month and provided on the first business day of each month. Each monthly report shall come from the prime contractor, or directly from the relevant subcontractor, and include roll-up reports from all of the relevant subcontractors (at any tier). The purpose of the report is to facilitate the Government being able to continuously monitor the security of any contractor or subcontractor system storing or trafficking Government data.
(5) The contractor, and/or any relevant subcontractor at any tier performing IT support, shall consent to and allow the Government, or an independent third party working at the Government’s direction, without notice at any time during a weekday from 9:00 a.m. to 5:00 p.m. contractor/subcontractor local time, to access contractor and subcontractor installations, facilities, infrastructure, data centers, equipment (including but not limited to all servers, computing devices, and portable media), operations, documentation (whether in electronic, paper, or other forms), databases, and personnel which are used in performance of an IT support task order. Of note, the Government includes but is not limited to the U.S. Department of Justice and the HHS Office of the Inspector General (OIG).
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