STOPS_RFP_.pdf

RFP No. HHS-NIH-NIDA(MH)-RFP-14-004

- 1 -

SOLICITATION

SECTION A - SOLICITATION/CONTRACT FORM

1. Requisition or other Purchase Authority:

2. Request for Proposal

(RFP) Number:

HHS-NIH-NIDA(MH)-

RFP-14-004

3. Issue Date:

November 7, 2014

4. Set Aside:

[X] No [ ] Yes See Part IV Section L

5. Title : Scientific, Technical and Other Professional Support Services to the NIH

6. ISSUED BY:

Office of Acquisitions, NIDA Neuroscience Consolidated Operations Acquisition Center National Institute of Mental Health (NIMH) Section NIMA/NIA Research and Development (R&D) Contracts Management Branch (CMB) National Institutes of Health (NIH) 6001 Executive Boulevard, Room 8154, MSC 9661 Bethesda, Maryland 20892

7. SUBMIT OFFERS TO:

See Part III, Section J, "Packaging and Delivery of the Proposal," ATTACHMENT 1 of this Solicitation.

8. Proposals for furnishing the supplies and/or services in THE SCHEDULE will be received at the place specified in, and in the number of copies specified in Attachment 1, "Packaging and Delivery of the Proposal," until 2:00 P.M. local time on December 8, 2014. Offers will be valid for 120 days unless a different period is specified by the offeror on the Attachment entitled, "Proposal Summary and Data Record, NIH 2043.

9. This solicitation requires delivery of proposals as stated in ATTACHMENT 1, "PACKAGING AND DELIVERY OF THE PROPOSAL." If proposals are required to be delivered to two different locations, the OFFICIAL POINT OF RECEIPT for determining TIMELY DELIVERY is the address provided for the OFFICE OF ACQUISITIONS.

10. Offeror must be registered in the Central Contractor Registry (CCR) prior to award of a contract. Offerors must access the CCR through The System for Award Management (SAM) at http://www.sam.gov

11. FOR INFORMATION CONTACT:

Suzanne Stinson, Contract Specialist Preferably via e-mail: sstinson@mail.nih.gov

301-443-2696 - COLLECT CALLS WILL NOT BE ACCEPTED.

ALL QUESTIONS PERTAINING TO THIS RFP ARE REQUESTED TO BE

SUBMITTED NO LATER THAN 3:00 P.M. (local time) ON NOVEMBER

19, 2014, AND, QUESTIONS MUST BE IN WRITING AND SUBMITTED

VIA EMAIL (SEE ITEM 11).

Suzanne Stinson, Contracting Officer NIDA Office of Acquisitions, Neuroscience National Institutes of Health http://www.sam.gov/ mailto:sstinson@mail.nih.gov

- 2 -

RFP TABLE OF CONTENTS

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

SECTION D - PACKAGING, MARKING AND SHIPPING

SECTION E - INSPECTION AND ACCEPTANCE

SECTION F - DELIVERIES OR PERFORMANCE

SECTION G - CONTRACT ADMINISTRATION DATA

SECTION H - SPECIAL CONTRACT REQUIREMENTS

PART II - CONTRACT CLAUSES

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS

SOLICITATION ATTACHMENTS

TECHNICAL PROPOSAL ATTACHMENTS

BUSINESS PROPOSAL ATTACHMENTS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

1. GENERAL INFORMATION

a. INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION

b. NAICS CODE AND SIZE STANDARD

c. TYPE OF CONTRACT AND NUMBER OF AWARDS

d. COMMITMENT OF PUBLIC FUNDS

e. PROMOTING EFFICIENT SPENDING

f. COMMUNICATIONS PRIOR TO CONTRACT AWARD

g. RELEASE OF INFORMATION

h. PREPARATION COSTS

i. SERVICE OF PROTEST

2. INSTRUCTIONS TO OFFERORS

a. GENERAL INSTRUCTIONS

1. Contract Type and General Clauses

2. Authorized Official and Submission of Proposal

3. Proposal Summary and Data Record (NIH-2043)

4. Separation of Technical and Business Proposals

5. Evaluation of Proposals

6. Potential Award Without Discussions

7. Use of the Metric System of Measurement

8. Privacy Act - Treatment of Proposal Information

9. Certification of Filing and Payment of Taxes

10. Applicability of Section 508

11. Selection of Offerors

- 3 -

12. TECHNICAL PROPOSAL INSTRUCTIONS

13. BUSINESS PROPOSAL INSTRUCTIONS

SECTION M - EVALUATION FACTORS FOR AWARD

1. GENERAL

2. EVALUATION FACTORS

- 4 -

PART I - THE SCHEDULE

THE INFORMATION SET FORTH IN SECTION A - SOLICITATION/CONTRACT FORM, HEREIN CONTAINS IMPORTANT INFORMATION FOR ANY OFFEROR INTERESTED IN RESPONDING TO THIS SOLICITATION. ANY CONTRACT RESULTING FROM THIS SOLICITATION WILL INCLUDE IN ITS SECTION A - SOLICITATION/ CONTRACT FORM, ACCOUNTING, APPROPRIATION AND GENERAL INFORMATION APPLICABLE TO THE

CONTRACT AWARD.

THE CONTRACT SCHEDULE SET FORTH IN SECTIONS B THROUGH H, HEREIN, CONTAINS CONTRACTUAL INFORMATION PERTINENT TO THIS SOLICITATION. IT IS NOT AN EXACT REPRESENTATION OF THE CONTRACT DOCUMENT THAT WILL BE AWARDED AS A RESULT OF THIS SOLICITATION. THE CONTRACT COST OR PRICE AND OTHER CONTRACTUAL PROVISIONS PERTINENT TO THE OFFEROR (i.e., those relating to the organizational structure [e.g., Non-Profit, Commercial] and specific cost authorizations unique to the Offeror's proposal and requiring Contracting Officer Prior Approval) WILL BE DISCUSSED IN THE NEGOTIATION PROCESS AND WILL BE INCLUDED IN THE RESULTANT CONTRACT. The SOW, in its entirety, shall be incorporated into the resulting contract. THE ENCLOSED CONTRACT SCHEDULE IS INTENDED TO PROVIDE THE OFFEROR WITH THE NECESSARY INFORMATION TO UNDERSTAND THE TERMS AND CONDITIONS OF THE RESULTANT

CONTRACT.

- 5 -

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

ARTICLE B.1. BRIEF DESCRIPTION OF SUPPLIES OR SERVICES

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.

ARTICLE B.2. PRICES/COSTS

a. This is an Indefinite Quantity contract as contemplated by FAR 16.504. The Contractor shall be reimbursed by the Government in an amount not less than a total of $1,000 (minimum) nor more than a total of $585,125,274 (maximum) for successful performance of this contract.

b. The prices set forth in this ARTICLE will cover the contract period starting March 2015 and have an anticipated duration of 36 months.

c. The Government will issue Task Orders based on the work described in SECTION C of this contract and the schedule (to be inserted below in the final contract award document). Upon delivery and acceptance of the item(s) described in each Task Order, the Government shall pay to the Contractor the unit prices/costs set forth under Attachment 23, entitled " Listing of Specific Labor Categories and other items that the Contractor may be required to provide."

ARTICLE B.3. ADVANCE UNDERSTANDINGS

Specific elements of cost, which normally require prior written approval of the Contracting Officer before incurrence of the cost (e.g., foreign travel, consultant fees) will be included in this Article if the Contracting Officer has granted his/ her approval prior to contract award.

Other provisions of this contract notwithstanding, approval of the following items within the limits set forth is hereby granted without further authorization from the Contracting Officer.

1. Overtime Authorization for overtime, if necessary, will be provided as part of the task order. Overtime shall be in accordance with FAR clause 52.222-2 Payment for Overtime Premiums (July 1990).

2. Subcontracts It is the responsibility of the prime contractor to ensure that the FAR and contract required flow down clauses are included in any subcontract agreement.

3. Non-Personal Services and Inherently Government Functions Contractor employees performing services under this order will be managed, directed and supervised at all times by management, supervisory personnel of the Contractor. 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 that results in any Contractor employee creating or modifying Federal policy, obligating the appropriated funds of the U.S. Government, overseeing the work of Federal employees, 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. Specifically:

• Pursuant to FAR 37.1, no personal services shall be performed under this contract. All work requirements shall flow only from the Contracting Officer's Representative (COR) to the Contractor's Project Manager. No Contractor employee will be directly supervised by the Government. All individual employee assignments, and daily work direction, shall be given by the applicable employee supervisor. If the Contractor 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.

- 6 -

• Pursuant to FAR 7.5, the Contractor shall not perform any inherently governmental actions under this contract.

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. In all communications with other Government Contractors in connection with this contract, the Contractor employee shall state that they have no authority to in any way to change the contract and that if the other Contractor believes this communication to be a direction to change their contract, they should notify the Contracting Officer for that contract and not carry out the direction until a clarification has been issued by the Contracting Officer.

• The Contractor shall ensure that all of its employees working on this contract are informed of the substance of this article. Nothing in this article shall limit the Government's rights in any way under the other provisions of the contract, including those related to the Government's right to inspect and accept the services to be performed under this contract. The substance of this article shall be included in all subcontracts at any tier.

4. Confidential Treatment of Sensitive Information

The Contractor shall guarantee strict confidentiality of the information/data that is provided by the Government during the performance of the contract. The Government has determined that the information/data that the Contractor will be provided during the performance of the contract is of a sensitive nature.

Disclosure of the information/data, in whole or in part, by the Contractor can only be made after the Contractor receives prior written approval from the Contracting Officer and the disclosure is consistent with the requirements in the statement of work. Whenever the Contractor is uncertain with regard to the proper handling of information/data under the contract, the Contractor shall obtain a written determination from the Contracting Officer.

5. INSURANCE COVERAGE

a. Physicians, Dentists and other health care providers: 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 Statement of Work.

b. In addition, the Contractor shall also procure and maintain the following minimum insurance during the period of performance of this contract in accordance with FAR 52.228-7, Insurance - Liability to Third Persons:

• $200,000 per person; and

• $500,000 per accident for bodily injury;

• No property damage general liability insurance is required.

• Automobile Insurance (comprehensive form of policy) is required:

• $200,000 per person; and

• $500,000 per accident for bodily injury; and

• $20,000 per accident for property damage.

• Standard Workmen's Compensation and employer's Liability Insurance. A minimum amount of $100,000 is required under the contract.

- 7 -

• Prior to contract commencement, the Contractor shall furnish to the Contracting Officer (CO) a certificate or written statement certifying compliance with the above required insurance coverage. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the interests of the Government shall not be effective for such a period as the laws of the State in which this contract is to be performed prescribe, or until 30 days after the insurer or the Contractor gives written notice to the CO, whichever period is longer.

• The Contractor agrees to insert the substance of this clause, including this paragraph, in Subcontracts under this contract that require work on a Government installation.

6. Contract Number Designation

On all correspondence submitted under this contract, the Contractor agrees to clearly identify the contract number that appears on the face page of the contract as follows:

Contract No. HHSN2712015 I. (Contract Number to be determined at award)

7. Per the Statement of Work, the primary place of performance is the Rockville-Bethesda, Maryland area with requirements at other locations throughout the United States, Canada, and India.

The NIH main campus is located at:

National Institutes of Health 9000 Rockville Pike Bethesda, MD 20892

- 8 -

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

ARTICLE C.1. STATEMENT OF WORK

1. Independently and not as an agent of the Government, the Contractor shall be required to furnish all the necessary services, qualified personnel, material, equipment, and facilities, not otherwise provided by the Government, as needed to perform the Statement of Work, dated 6/4/2014, attached hereto and made a part of this Solicitation (See SECTION J - List of Attachments). However, to be clear, the Government anticipates that most of the materials, equipment, and facilities necessary to perform the contract shall be provided by the Government.

2. The applicable Privacy Act System of Records Number will be specified IN THE TASK ORDER and shall be used in any design, development, or operation work to be performed under the resultant contract. Disposition of records shall be in accordance with the task order, and by direction of the Contracting Officer's Representative (COR).

ARTICLE C.2. REPORTING REQUIREMENTS

All reports required herein shall be submitted in electronic format. In addition, one hardcopy of each report shall be submitted to the Contracting Officer.

All electronic reports submitted shall be compliant with Section 508 of the Rehabilitation Act of 1973. Additional information about testing documents for Section 508 compliance, including guidance and specific checklists, by application, can be found at: http://www.hhs.gov/web/508/index.html under "Making Files Accessible."

All paper/hardcopy documents/reports submitted under this contract shall be printed or copied, double-sided, on at least 30 percent post consumer fiber paper, whenever practicable, in accordance with FAR 4.302(b).

a. Technical Progress Reports

1. In addition to the required reports set forth elsewhere in this Schedule, the preparation and submission of regularly recurring Technical Progress Reports will be required in any contract resulting from this solicitation. These reports will require descriptive information about the activities undertaken during the reporting period and will require information about planned activities for future reporting periods. The frequency and specific content of these reports will be determined prior to contract award. [Note: Beginning May 25, 2008, the Contractor shall include the applicable PubMed Central or NIH Manuscript Submission reference number when citing publications that arise from its NIH funded research.]

For proposal preparation purposes only, it is estimated that in addition to the required electronic version(s) 1 hard copy of these reports will be required as follows:

[X] Monthly [X] Quarterly Meeting with COR [ ] Semi-Annually [X] Annually [ ] Annually (with a requirement for a Draft Annual Report) [ ] Final - Upon final completion of the contract [X] Final Report including Transition Plan and Summary of Salient Results

a. Monthly Progress Report

This report shall include a description of the activities during the reporting period, and the activities planned for the ensuing reporting period. The first reporting period consists of the first full month of performance plus any fractional part of the initial month. Thereafter, the reporting period shall consist of each calendar month.

http://www.hhs.gov/web/508/index.html

- 9 -

The monthly status report shall include at least the following four (4) sections, as they relate to the work performed during the period being reported on and the next month's anticipated support:

-Summary status and schedule of all ongoing and planned Task Orders.

-Billing summaries including a list by Institute with lists of each employee's work hours per week. The billing summaries and hours should be broken down by Task Order.

-Hours incurred by labor category, labor funds expenditures, and other cost expenditures -Outstanding and anticipated issues/Task Order or project risks, problem items, schedule problems, and recommendations for improvement.

The Contractor shall submit one (1) electronic copy of the report each month to the Contracting Officer and COR no later than 15 business days after the start of the month, and report on activities performed by the Contractor during the prior month. Electronic deliverables shall be on computer disks with versions of Microsoft Word, Power Point, Excel, etc. that are compatible to Government computers.

b. Quarterly Meeting with COR

A meeting with the COR will be held quarterly at the Bethesda/Rockville Offices at NIH to discuss contract progress and issues.

c. Annual Progress Report The Annual Progress Report shall include a summary of the results of the work for the period covered (including a summary of billing statements and annual cost). The Contractor shall submit one (1) electronic copy of the report each year to the Contracting Officer and COR no later than 15 business days after the period ends. Electronic deliverables shall be on computer disks with versions of Microsoft Word, Power Point, Excel, etc. that are compatible to Government computers.

d. Final Report including Transition Plan The Transition Plan shall be submitted electronically to the Contracting Officer and COR. The Transition Plan shall include the course of action to transfer contract requirements to a follow-on contractor before the start date. Deliverables shall be on computer disks with versions of Microsoft Word, Power Point, Excel, etc. that are compatible to Government computers. The Final Report will be required on or before the expiration date of the contract.

2. Summary of Salient Results

The Contractor will be required to prepare and submit, with the Final Report, a summary (not to exceed 200 words) of salient results achieved during the performance of the contract. This report will be required on or before the expiration date of the contract.

b. Other Reports/Deliverables

1. Source Code and Object Code

Unless otherwise specified herein or per the terms of a specific task order, all source and object code developed under this Contract is the property of the Government. The Contractor shall deliver to the Government, upon the expiration date of the contract, all source code and object code developed, modified, and/or enhanced under this contract.

2. Information Security and Physical Access Reporting Requirements

The Contractor shall submit the following reports as required by the INFORMATION AND PHYSICAL ACCESS SECURITY Article in SECTION H of this contract. Note: Each report listed below includes a reference to the appropriate subparagraph of this article.

a. Roster of Employees Requiring Suitability Investigations The Contractor shall submit a roster, by name, position, e-mail address, phone number and responsibility, of all staff (including subcontractor staff) working under the contract who will develop, have the ability to access, or host and/or maintain a Federal information system(s). The roster shall be submitted to the Contracting Officer's Representative (COR), with a copy to the Contracting Officer, within 14 calendar days of the effective date of the contract. (Reference subparagraph A.e. of the INFORMATION AND PHYSICAL ACCESS SECURITY Article in

- 10 -

SECTION H of this contract.)

b. IT Security Plan (IT-SP)

In accordance with HHSAR Clause 352.239-72, Security Requirements For Federal Information Technology Resources, the contractor shall submit the IT-SP within thirty days after contract award. The IT-SP shall be consistent with, and further detail the approach to, the SOW and the IT security contained in the Contractor's bid or proposal that resulted in the award of this contract. The IT-SP shall describe the processes and procedures that the Contractor will follow to ensure appropriate security of IT resources that are developed, processed, or used under this contract. If the IT-SP only applies to a portion of the contract, as directed by specific task orders.

The Contractor shall review and update the IT-SP in accordance with NIST SP 800-53A, Guide for Assessing the Security Controls in Federal Information Systems and Organizations, on an annual basis.

(Reference subparagraph D.c.1. of the INFORMATION AND PHYSICAL ACCESS SECURITY Article in SECTION H of this contract.)

c. IT Risk Assessment (IT-RA)

Technology Resources, the contractor shall submit the IT-RA within thirty days after contract award. The IT-RA shall be consistent, in form and content, with NIST SP 800-30, Risk Management Guide for Information Technology Systems, and any additions or augmentations described in the HHS-OCIO Information Systems Security and Privacy Policy.

The Contractor shall update the IT-RA on an annual basis.

(Reference subparagraph D.c.2. of the INFORMATION AND PHYSICAL ACCESS SECURITY

d. FIPS 199 Assessment

Technology Resources, the Contractor shall submit a FIPS 199 Assessment within thirty (30) days after contract award. The FIPS 199 Assessment shall be consistent with the cited NIST standard.

(Reference subparagraph D.c.3. of the INFORMATION AND PHYSICAL ACCESS SECURITY Article in SECTION H of this contract.

e. IT Security Certification and Accreditation (IT-SC&A)

Technology Resources, the Contractor shall submit written proof to the Contracting Officer that an IT- SC&A was performed within three (3) months after contract award.

The Contractor shall perform an annual security control assessment and provide to the Contracting Officer verification that the IT-SC&A remains valid.

(Reference subparagraph D.c.4. of the INFORMATION AND PHYSICAL ACCESS SECURITY

f. Reporting of New and Departing Employees

The Contractor shall notify the Contracting Officer's Representative (COR) and Contracting Officer within five working days of staffing changes for positions that require suitability determinations as follows:

a. New Employees who have or will have access to HHS Information systems or data: Provide the name, position title, e-mail address, and phone number of the new employee. Provide the name, position title and suitability level held by the former incumbent. If the employee is filling a new position, provide a description of the position and the Government will determine the appropriate security level.

- 11 -

b. Departing Employees: 1) Provide the name, position title, and security clearance level held by or pending for the individual; and 2) Perform and document the actions identified in the "Employee Separation Checklist", attached in Section J, ATTACHMENTS of this contract, when a Contractor/Subcontractor employee terminates work under this contract. All documentation shall be made available to the COR and/or Contracting Officer upon request.

(Reference subparagraph E.2.a-c. of the INFORMATION AND PHYSICAL ACCESS SECURITY

g. Contractor - Employee Non-Disclosure Agreement(s) The contractor shall complete and submit a signed and witnessed "Commitment to Protect Non-Public Information- Contractor Agreement" form for each contractor and subcontractor employee who may have access to non-public Department information under this contract. This form is located at:

https://ocio.nih.gov/aboutus/publicinfosecurity/acquisition/Documents/Nondisclosure.pdf

(Reference subparagraph E.3.d. of the INFORMATION AND PHYSICAL ACCESS SECURITY Article in SECTION H of this contract.)

h. Vulnerability Scanning Reports

The Contractor shall report the results of the required monthly special vulnerability scans no later than 10 days following the end of each reporting period. If required monthly, this report may be included as part of the Technical Progress Report. Otherwise, this report shall be submitted under separate cover on a monthly basis. Reference subparagraph E.5. of the INFORMATION AND PHYSICAL ACCESS SECURITY Article in SECTION H of this contract.)

3. Section 508 Annual Report

The contractor shall submit an annual Section 508 report in accordance with the schedule set forth in the ELECTRONIC AND INFORMATION TECHNOLOGY ACCESSIBILITY Article in SECTION H of this contract. The Section 508 Report Template and Instructions for completing the report are available at: http://www.hhs.gov/web/508/contracting/technology/vendors.html under "Vendor Information and Documents."

NOTE: Any Electronic and Information Technology (EIT) documents, delivered as a result of this contract must conform with Section 508 requirements. The NIH will consider a document that is sent electronically to be Section 508 conformance and accessible to persons disabilities so long as they are formatted based on the guidance provided by HHS http://www.hhs.gov/web/508/accessiblefiles/index.html and able to pass the HHS Accessibility Checklists, see http://www.hhs.gov/web/508/accessiblefiles/checklists.html Guidance is also available at https://ocio.nih.gov/ITGovPolicy/NIH508/Pages/makingdocsaccessible.aspx , as well as from the respective manufacturer of such software.

4. Security Content Automation Protocol (SCAP)-compliant diagnostic reports, and, DHS Continuous Diagnostics and Mitigation Program (CDM)

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 https://ocio.nih.gov/aboutus/publicinfosecurity/acquisition/Documents/Nondisclosure.pdf http://www.hhs.gov/web/508/contracting/technology/vendors.html http://www.hhs.gov/web/508/accessiblefiles/index.html http://www.hhs.gov/web/508/accessiblefiles/checklists.html https://ocio.nih.gov/ITGovPolicy/NIH508/Pages/makingdocsaccessible.aspx

- 12 -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.

- 13 -

SECTION D - PACKAGING, MARKING AND SHIPPING

All deliverables required under this contract shall be packaged, marked and shipped in accordance with Government specifications. At a minimum, all deliverables shall be marked with the contract number and Contractor name. The Contractor shall guarantee that all deliverables are provided in immediate usable and acceptable condition.

- 14 -

SECTION E - INSPECTION AND ACCEPTANCE

a. The Contracting Officer or the duly authorized representative will perform inspection and acceptance of materials and services to be provided.

b. For the purpose of this SECTION, to be filled in at contract award is the authorized representative of the Contracting Officer.

c. Inspection and acceptance will be performed at:

To be filled out in contract award document or in a task order document

Acceptance may be presumed unless otherwise indicated in writing by the Contracting Officer or the duly authorized representative within 30 days of receipt.

d. This contract incorporates the following clause by reference, with the same force and effect as if it were given in full text. Upon request, the Contracting Officer will make its full text available.

FAR Clause 52.246-4, Inspection of Services - Fixed Price (August 1996).

FAR Clause 52.246-16, Responsibility for Supplies (April 1984).

- 15 -

SECTION F - DELIVERIES OR PERFORMANCE

ARTICLE F.1. PERIOD OF PERFORMANCE

The period of performance of this contract shall start in March 2015 and have an anticipated duration of 36 months.

ARTICLE F.2. DELIVERIES

Satisfactory performance of the final contract shall be deemed to occur upon performance of the work described in the Description Article in SECTION C of this contract and upon delivery and acceptance by the Contracting Officer, or the duly authorized representative, of the following items in accordance with the stated delivery schedule:

a. The items specified below as described in the REPORTING REQUIREMENTS Article in SECTION C of this contract will be required to be delivered F.o.b. Destination as set forth in FAR 52.247-35, F.o.b. DESTINATION, WITHIN CONSIGNEES PREMISES (APRIL 1984), and in accordance with and by the date(s) specified below [and any specifications stated in SECTION D, PACKAGING, MARKING AND SHIPPING, of this contract]:

DELIVERY SCHEDULE

Item Number Description Quantity Due Date

1. Monthly Progress Reports *2 copies (1 to CO and 1 to COR)

Submitted with the monthly invoice but no later than 15 business days after the start of the month.

2. Quarterly meeting with

COR

Arranged quarterly and coordinated with the COR's schedule.

3. Annual Progress Report (annual summary of billing).

*2 copies (1 to CO and 1 to COR)

Submitted no later than 15 business days following each Annual Contract Period.

4. Final Report and Transition Plan and Summary of Salient Results

*2 copies (1 to CO and 1 to COR)

Transition Plan submitted on an as needed basis to transfer Contractor requirements to a follow-on Contractor.

Final Report due on or before expiration date of contract

5. Individual Subcontracting Report (ISR) submitted electronically at www.esrs.gov with Contracting Officer listed as contact

Regardless of the effective date of this contract, Contractor submissions should occur on the following dates: April

30 th and October 30 th.

http://www.esrs.gov/

- 16 -

6. Summary Subcontract Report (SSR) submitted electronically at www.esrs.gov with Contracting Officer listed as contact

Regardless of the effective date of this contract, Contractor submissions should occur on the following date:

October 30 th.

7. Position Sensitivity Designations for Suitability Determination Reporting Requirements (Roster of employees requiring suitability investigations)

**2 copies (1 to CO and 1 to COR)

Within 14 calendar days of the effective date of the contract or 15 calendar days if additions are the result of staff changes.

8. NIST SP 800-26

Self-Assessment Questionnaire

**2 copies (1 to COR and 1 to CO)

Within 30 days of contract award

9. Information System Security Plan (IT-SP)

*2 copies (1 to CO and 1 to COR)

No later than 30 days after contract award with updates every 12 months.

10. IT – Risk Assessment (IT-

RA)

**2 copies (1 to COR and 1 to CO)

Within 30 days of contract award with updates every 12 months.

11. FIPPS 199 Assessment **2 copies (1 to COR and 1 to CO)

Within 30 days of contract award.

12. IT-SC&A **2 copies (1 to COR and 1 to CO)

Within three months of contract award.

13. Storage Facility Requirements

*2 copies (1 to CO and 1 to COR)

Submitted 60 days prior to contract end date with updated every 12 months.

14. Report of new and departing employees/Employee Separation Checklist

*2 copies (1 to CO and 1 to COR)

Within 5 working days of staff changes.

15. Contractor-Employee Non- Disclosure Agreements

*2 copies (1 to CO and 1 to COR)

Within 5-10 working days of staff changes.

16. Vulnerability Scanning Reports

*2 copies (1 to CO and 1 to COR)

10 days following each reporting period (Submitted monthly)

17. Section 508 Annual Report *2 copies (1 to CO and 1 to COR)

Submitted annually.

18. SCAP and CDM compliant diagnostic reports (applicable to certain IT Task Orders only)

*3 copies, (1 to HHS Computer Security Incident Response Center, 1 to CO and 1 to COR)

Submitted monthly, on the first business day of the month

*Unless otherwise noted, monthly progress reports, annual reports and the transition plan shall be submitted electronically to the Contracting Officer and COR. One (1) hardcopy of each report shall be submitted to the Contracting Officer.

- 17 -

b. The above items shall be addressed and delivered to:

Addressee Deliverable Item No. Quantity

To be completed at award

ARTICLE F.3. CLAUSES INCORPORATED BY REFERENCE, FAR 52.252-2 (FEBRUARY

1998)

This contract incorporates the following clause(s) by reference, with the same force and effect as if it were given in full text. Upon request, the Contracting Officer will make its full text available. Also, the full text of a clause may be accessed electronically at this address: http://www.acquisition.gov/far .

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSE:

52.242-15, Stop Work Order (August 1989)

Alternate I (April 1984) is not applicable to this contract.

http://www.acquisition.gov/far

- 18 -

SECTION G - CONTRACT ADMINISTRATION DATA

ARTICLE G.1. CONTRACTING OFFICER'S REPRESENTATIVE (COR)

The following Contracting Officer's Representative (COR) will represent the Government for the purpose of this contract:

To be determined (TBD)

The COR is responsible for: (1) monitoring the Contractor's technical progress, including the surveillance and assessment of performance and recommending to the Contracting Officer changes in requirements; (2) interpreting the statement of work and any other technical performance requirements; (3) performing technical evaluation as required; (4) performing technical inspections and acceptances required by this contract; and (5) assisting in the resolution of technical problems encountered during performance.

[The alternate COR is responsible for carrying out the duties of the COR only in the event that the COR can no longer perform his/her duties as assigned.]

The Contracting Officer is the only person with authority to act as agent of the Government under this contract. Only the Contracting Officer has authority to: (1) direct or negotiate any changes in the statement of work; (2) modify or extend the period of performance; (3) change the delivery schedule; (4) authorize reimbursement to the Contractor for any costs incurred during the performance of this contract; (5) otherwise change any terms and conditions of this contract; or (6) sign written licensing agreements. Any signed agreement shall be incorporated by reference in Section K of the contract

The Government may unilaterally change its COR designation.

ARTICLE G.2. KEY PERSONNEL, HHSAR 352.242-70 (January 2006)

The key personnel specified in this contract are considered to be essential to work performance. At least 30 days prior to diverting any of the specified individuals to other programs or contracts (or as soon as possible, if an individual must be replaced, for example, as a result of leaving the employ of the Contractor), the Contractor shall notify the Contracting Officer and shall submit comprehensive justification for the diversion or replacement request (including proposed substitutions for key personnel) to permit evaluation by the Government of the impact on performance under this contract. The Contractor shall not divert or otherwise replace any key personnel without the written consent of the Contracting Officer. The Government may modify the contract to add or delete key personnel at the request of the Contractor or Government.

(End of Clause)

The following individual(s) is/are considered to be essential to the work being performed hereunder:

Name Title

To be determined (TBD)

ARTICLE G.3. METHOD OF ORDERING AND TASK ORDER PROCEDURES

a. Orders issued under this contract may be placed as follows:

[X] in writing

[X] via telephone

[ ] via facsimile (fax)

- 19 -

[X] via electronic mail (e-mail)

[ ] Oral [Oral Orders will be confirmed in writing within days of issuance. [ ] Other Specify:

b. The Contracting Officer is authorized to issue orders and provide written confirmation of oral orders, if applicable, under the contract.

c. TASK ORDER PROCEDURES This contract provides for the issuance of Fixed Price Task Orders placed in accordance with the price schedule in Section B, and, for negotiated Fixed Price Task Orders covering travel costs as follows:

a. General

Only the Contracting Officer may issue Task Orders to the Contractor, providing specific authorization or direction to perform work within the scope of the contract and as specified in the Statement of Work. Unless specifically authorized by the Contracting Officer, the Contractor shall not commence work until a fully executed Task Order has been awarded. The Contractor may incur costs under this contract in performance of task orders and task order modifications issued in accordance with this ARTICLE.

No other costs are authorized unless otherwise specified in the contract or expressly authorized by the Contracting Officer.

b. Requesting Task Order Proposals for Travel Costs.

The Contracting Officer or a designated individual may solicit responses to requirements from the Contractor within a technical area (travel) covered by a task order requirement in writing. A Task Order Request for Proposal (TORFP) will be prepared and issued for each task order requirement.

Generally, the Task Order Request for Proposal (TORFP) will include but is not limited to the following:

1. Statement of Work; Reporting Requirements and Deliverables; as applicable

2. Proposal Due Date and Location to Deliver Proposals;

3. Period of Performance of Task Order;

4. Technical/Business Proposal Instructions; as applicable

All contract clauses contained this contract shall be incorporated in the TORFP and the resultant task order. If conflicts exist between the contract clauses and the information outlined in the task order, the contract language takes precedence over the information in the task order.

ARTICLE G.4. INVOICE SUBMISSION

a. Invoice Instructions for NIH Fixed-Price Type Contracts, NIH(RC)-2, are attached and made part of this contract. The Contractor shall follow the attached instructions and submission procedures specified below to meet the requirements of a "proper invoice" pursuant to FAR Subpart 32.9, Prompt Payment.

1. Payment requests shall be submitted to the offices identified below. Do not submit supporting documentation (e.g., receipts, time sheets, vendor invoices, etc.) with your payment request unless specified elsewhere in the contract or requested by the Contracting Officer or Contracting Officer’s designated representative.

a. The original invoice shall be submitted to the following designated billing office: National Institutes of Health Office of Financial Management Commercial Accounts

- 20 -

2115 East Jefferson Street, Room 4B- 432, MSC 8500 Bethesda, MD 20892-

b. One copy of the invoice shall be submitted to the following approving official: Contracting Officer Office of Acquisitions To be determined

(TBD)

Room

MSC

E-mail: To be determined (TBD)

The Contractor shall submit an electronic copy of the payment request to the approving official instead of a paper copy. The payment request shall be transmitted as an attachment via e-mail to the address listed above in one of the following formats:

MSWord, MS Excel, or Adobe Portable Document Format (PDF). Only one payment request shall be submitted per e-mail and the subject line of the e-mail shall include the Contractor's name, contract number, and unique invoice number. [Note: The original payment request must still be submitted in hard copy and mailed to the designated billing office to meet the requirements of a "proper invoice."]

Central Point of Distribution: To be determined (TBD)

The Contractor shall submit an electronic copy of the payment request to the Central Point of Distribution mailbox. The payment request shall be transmitted as an attachment via e-mail to the address listed above in one of the following formats:

MSWord, MS Excel, or Adobe Portable Document Format (PDF). Only one payment request shall be submitted per e-mail and the subject line of the e-mail shall include the Contractor's name, contract number, and unique invoice number. [Note: The original payment request must still be submitted in hard copy and mailed to the designated billing office to meet the requirements of a "proper invoice."]

2. In addition to the requirements specified in FAR 32.905 for a proper invoice, the Contractor shall include the following information on the face page of all payment requests:

a. Name of the Office of Acquisitions. The Office of Acquisitions for this contract is To be determined (TBD) .

b. Federal Taxpayer Identification Number (TIN). If the Contractor does not have a valid TIN, it shall identify the Vendor Identification Number (VIN) on the payment request. The VIN is the number that appears after the Contractor's name on the face page of the contract. [Note:

A VIN is assigned to new contracts awarded on or after June 4, 2007, and any existing contract modified to include the VIN number.] If the Contractor has neither a TIN, DUNS, or VIN, contact the Contracting Officer.

c.DUNS or DUNS+4 Number. The DUNS number must identify the Contractor's name and address exactly as stated in the contract and as registered in the Central Contractor Registration (CCR) database. If the Contractor does not have a valid DUNS number, it shall identify the Vendor Identification Number (VIN) on the payment request. The VIN is the number that appears after the Contractor's name on the face page of the contract. [Note: A VIN is assigned to new contracts awarded on or after June 4, 2007, and any existing contract modified to include the VIN number.] If the Contractor has neither a TIN, DUNS, or VIN, contact the Contracting Officer.

- 21 -d.Invoice Matching Option. This contract requires a two-way match.

e.Unique Invoice Number. Each payment request must be identified by a unique invoice number, which can only be used one time regardless of the number of contracts or orders held by an organization.

f.The Contract Title is: Scientific, Technical and Other Professional Support Services (STOPS)

g. Contract Line Items as follows:

Line Item # Line Item Description

3. Inquiries regarding payment of invoices shall be directed to the designated billing office, (301) 496- 6088.

ARTICLE G.5. PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS,

FAR 52.232-40 (December 2013)

a. Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.

b. The acceleration of payments under this clause does not provide any new rights under the prompt Payment Act.

c. Include the substance of this clause, include this paragraph c, in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.

ARTICLE G.6. GOVERNMENT PROPERTY

If this RFP will result in the acquisition or use of Government Property provided by the contracting agency or if the Contracting Officer authorizes in the preaward negotiation process, the acquisition of property (other than real property), this ARTICLE will include applicable provisions and incorporate the HHS Publication, entitled, "HHS Contracting Guide for Contract of Government Property," which can be found at:

http://www.hhs.gov/hhsmanuals/logisticsmanual/Appendix Q_HHS Contracting Guide.pdf.

ARTICLE G.7. ON-SITE CONTRACTOR ACCESS TO GOVERNMENT PROPERTY

The Contractor shall be held responsible for Government Property in accordance with FAR Clause 52.245- 1, Alt. I (APR 2012), regardless of dollar value.

Responsibility includes physical presence, proper use and handling, normal maintenance, and reporting loss, damage or destruction.

Responsibility for government property shared by two or more contractors or located in space shared by two or more contractors, shall be determined and documented by the contractors involved. In cases where the parties cannot reach agreement on shared responsibility, the matter will be referred to the NIH Property Officer for resolution.

ARTICLE G.8. POST AWARD EVALUATION OF CONTRACTOR PERFORMANCE

http://www.hhs.gov/hhsmanuals/logisticsmanual/Appendix%20Q_HHS%20Contracting%20Guide.pdf

- 22 -

a. Contractor Performance Evaluations

Interim and Final evaluations of Contractor performance will be prepared on this contract in accordance with FAR Subpart 42.15. The Final performance evaluation will be prepared at the time of completion of work. In addition to the Final evaluation, Interim evaluation(s) will be prepared Annually as follows on To be determined (TBD) [Insert Dates].

Interim and Final evaluations will be provided to the Contractor as soon as practicable after completion of the evaluation. The Contractor will be permitted thirty days to review the document and to submit additional information or a rebutting statement. If agreement cannot be reached between the parties, the matter will be referred to an individual one level above the Contracting Officer, whose decision will be final.

Copies of the evaluations, Contractor responses, and review comments, if any, will be retained as part of the contract file, and may be used to support future award decisions.

b. Electronic Access to Contractor Performance Evaluations

Contractors may access evaluations through a secure Web site for review and comment at the following address:

http://www.cpars.gov http://www.cpars.gov/

- 23 -

SECTION H - SPECIAL CONTRACT REQUIREMENTS

ARTICLE H.1. NEEDLE DISTRIBUTION

The Contractor shall not use contract funds to carry out any program of distributing sterile needles or syringes for the hypodermic injection of any illegal drug.

ARTICLE H.2. ACKNOWLEDGEMENT OF FEDERAL FUNDING

The Contractor shall clearly state, when issuing statements, press releases, requests for proposals, bid solicitations and other documents describing projects or programs funded in whole or in part with Federal money: (1) the percentage of the total costs of the program or project which will be financed with Federal money; (2) the dollar amount of Federal funds for the project or program; and (3) the percentage and dollar amount of the total costs of the project or program that will be financed by nongovernmental sources.

ARTICLE H.3. DISSEMINATION OF FALSE OR DELIBERATELY MISLEADING

INFORMATION

The Contractor shall not use contract funds to disseminate information that is deliberately false or misleading.

ARTICLE H.4. PRIVACY ACT, HHSAR 352.224-70 (January 2006)

This contract requires the Contractor to perform one or more of the following: (a) Design; (b) develop; or

(c) operate a Federal agency system of records to accomplish an agency function in accordance with the Privacy Act of 1974 (Act) (5 U.S.C. 552a(m)(1)) and applicable agency regulations. The term "system of records" means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. Violations of the Act by the Contractor and/or its employees may result in the imposition of criminal penalties (5 U.S.C. 552a(i)). The Contractor shall ensure that each of its employees knows the prescribed rules of conduct and that each employee is aware that he/she is subject to criminal penalties for violation of the Act to the same extent as Department of Health and Human Services employees.