HHS_NIH_NIDA_SSSA-2016_234_NIA_Attachment_1.pdf

Attachment Number One - Special Contract Requirements

SPECIAL CONTRACT REQUIREMENTS

Federal Acquisition Regulations (FAR) Clauses and Provisions Incorporated by

Reference

The Federal Acquisition Regulations clauses and provisions and the General Services

Administration Acquisition Regulations clauses and provisions as detailed in each Federal

Supply Schedule contract are incorporated by reference into this award. The clauses and provisions in full text are located at http://www.gsaelibrary.gsa.gov/.

BPA Socio-economic Set-aside FAR Clauses

52.219-6 Notice of Total Small Business Set-Aside (NOV 2011)

Year 2000 Compliance

In accordance with FAR 39.106, Information Technology acquired under this contract must be

Year 2000 compliant as set forth in the following clause(s):

Service Involving the Use of Information Technology

YEAR 2000 COMPLIANCE--SERVICE INVOLVING THE USE OF INFORMATION

TECHNOLOGY.

The Contractor agrees that each item of hardware, software, and firmware used under this contract shall be able to accurately process date data (including, but not limited to, calculating, comparing and sequencing) from, into and between the twentieth and twenty-first centuries and the Year 1999 and the Year 2000 and leap year calculations. (End of Clause)

Commercial Supply Products Warranty

YEAR 2000 WARRANTY--COMMERCIAL SUPPLY ITEMS

The Contractor warrants that each hardware, software and firmware product delivered under this contract and listed below shall be able to accurately process date data (including, but not limited to, calculating, comparing, and sequencing) from, into, and between the twentieth and twenty-first centuries and the Year 1999 and the Year 2000 and leap year calculations, when used in accordance with the product documentation provided by the Contractor, provided that all listed or unlisted products (e.g., hardware, software, firmware) used in combination with such listed product properly exchange date data with it. If the contract requires that specific listed products must perform as a system in accordance with the foregoing warranty, then that warranty shall apply to those listed products as a system.

http://www.gsaelibrary.gsa.gov/

The duration of this warranty and the remedies available to the Government for breach of this warranty shall be as defined in, and subject to, the terms and limitations of the Contractor's standard commercial warranty or warranties contained in this contract, provided that notwithstanding any provision to the contrary in such commercial warranty or warranties, the remedies available to the Government under this warranty shall include repair or replacement of any listed product whose non-compliance is discovered and made known to the Contractor in writing within ninety (90) days after acceptance. Nothing in this warranty shall be construed to limit any rights or remedies the Government may otherwise have under this contract with respect to defects other than Year 2000 performance. (End of Clause)

DEPARTMENT OF HEALTH AND HUMAN SERVICES ACQUISITION REGULATIONS

(HHSAR) (48 CHAPTER 3) CLAUSES AND PROVISIONS

Information and Physical Access Security

IMPORTANT NOTE TO OFFERORS: Information and Physical Access Security is applicable to this solicitation and the following information is provided to assist in proposal preparation.

The following information shall be addressed in a separate section of the Technical Proposal, entitled “Information Security.”

The Homeland Security Presidential Directive (HSPD)-12 and the Federal Information Security

Management Act of 2002 (P.L. 107-347) (FISMA) requires each agency to develop, document, and implement an agency-wide information security program to safeguard information and information systems that support the operations and assets of the agency, including those provided or managed by another agency, contractor (including subcontractor), or other source.

HHS-Controlled Facilities and Information Systems Security

To perform the work specified herein, Contractor personnel are expected to have routine (1) physical access to an HHS-controlled facility; (2) physical access to an HHS-controlled information system; (3) access to sensitive HHS data or information, whether in an HHS-controlled information system or in hard copy; or (4) any combination of circumstances (1) through (3).

To gain routine physical access to an HHS-controlled information system, and/or access to sensitive data or information, the Contractor and its employees shall comply with Homeland

Security Presidential Directive (HSPD)-12, Policy for a Common Identification Standard for

Federal Employees and Contractors; Office of Management and Budget Memorandum (M-05-

24); and Federal Information Processing Standards Publication (FIPS PUB) Number 201; and with the personal identity verification and investigations procedures contained in the following documents:

HHS Information Security Program Policy ( http://www.hhs.gov/read/irmpolicy/121504.html )

HHS Office of Security and Drug Testing, Personnel Security/Suitability Handbook, dated

February 1, 2005 ( http://www.hhs.gov/ohr/manual/pssh.pdf )

HHS HSPD-12 Policy Document, v. 2.0 ( http://www.whitehouse.gov/sites/default/files/omb/assets/omb/memoranda/fy2005/m05-24.pdf )

Information regarding background checks/badges

( http://idbadge.nih.gov/background/index.asp )

Position Sensitivity Levels:

This contract will entail the following position sensitivity levels:

(i) [ ] Level 6: Public Trust - High Risk. Contractor / subcontractor employees assigned to

Level 6 positions shall undergo a Suitability Determination and Background

Investigation (MBI).

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

Background Investigation (LBI).

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

Investigation (NACI).

(iv) The personnel investigation procedures for Contractor personnel require that (upon award) the Contractor prepare and submit background check/investigation forms based on the type of investigation required. The minimum Government investigation for a non-sensitive position is a National Agency Check and Inquiries (NACI) with fingerprinting. More restricted positions - i.e., those above non-sensitive, require more extensive documentation and investigation.

(v) As part of its proposal, and if the anticipated position sensitivity levels are specified in paragraph (d) above, the Offeror shall notify the Contracting Officer of (1) its proposed personnel who will be subject to a background check/investigation and (2) whether any of its proposed personnel who will work under the contract have previously been the subject of national agency checks or background investigations.

(vi) Upon award, 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 that will develop, have the ability to access and/or maintain a Federal

Information System(s). The roster shall be submitted to the Contracting Officer's http://www.hhs.gov/read/irmpolicy/121504.html http://www.hhs.gov/ohr/manual/pssh.pdf http://www.whitehouse.gov/sites/default/files/omb/assets/omb/memoranda/fy2005/m05-24.pdf http://www.whitehouse.gov/sites/default/files/omb/assets/omb/memoranda/fy2005/m05-24.pdf http://idbadge.nih.gov/background/index.asp

Representative (COR), with a copy to the Contracting Officer, within 14 calendar days after the effective date of the contract. The Contracting Officer shall notify the

Contractor of the appropriate level of suitability investigations to be performed. An electronic template, "Roster of Employees Requiring Suitability Investigations," is available for contractor use at: http://ocio.nih.gov/docs/public/Suitability-roster.xls .

(vii) Upon receipt of the Government's notification of applicable Suitability Investigations required, the Contractor shall complete and submit the required forms within 30 days of the notification.

(viii) The Contractor shall notify the Contracting Officer in advance when any new personnel, who are subject to a background check/investigation, will work under the contract and if they have previously been the subject of national agency checks or background investigations.

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

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

Investigations are expensive and may delay performance, regardless of the outcome of the investigation. Delays associated with rejections and consequent re-investigations may not be excusable in accordance with the FAR clause, Excusable Delays - see FAR 52.249-

14. Accordingly, the Contractor shall ensure that any additional employees whose names it submits for work under this contract have a reasonable chance for approval.

Typically, the Government investigates personnel at no cost to the Contractor. However, multiple investigations for the same position may, at the Contracting Officer's discretion, justify reduction(s) in the contract price of no more than the cost of the additional investigation(s). Accordingly, if position sensitivity levels are specified in paragraph (d) above, the Offeror shall ensure that the employees it proposes for work under this contract/order have a reasonable chance for approval.

The Contractor shall include language similar to this "HHS Controlled Facilities and Information

Systems Security" language in all subcontracts that require subcontractor personnel to have the same frequency and duration of (1) physical access to an HHS-controlled facility; (2) logical access to an HHS-controlled information system; (3) access to sensitive HHS data/information, whether in an HHS-controlled information system or in hard copy; or (4) any combination of circumstances (1) through (3).

http://ocio.nih.gov/docs/public/Suitability-roster.xls

The Contractor shall direct inquiries, including requests for forms and assistance, to the

Contracting Officer.

Within 7 calendar days after the Government's final acceptance of the work under this contract, or upon termination of the contract, the Contractor shall return all identification badges to the

Contracting Officer or designee.

Section 508 accessibility standards for HHS Web Site Content and Communications

Materials

Regardless of format, all Web content or communications materials specifically produced for publication on, or delivery via, HHS Web sites, including text, audio, or video, under this contract shall conform to applicable Section 508 accessibility standards. Remediation of any materials that do not comply with the applicable accessibility standards of 36 CFR Part 1194 as set forth herein shall be the responsibility of the Contractor.

The following Section 508 accessibility standards apply to the content or communications material identified in the Statement of Work/Performance Work Statement:

Section 508 Program Need

Requirements for accessibility based on Section 508 of the Rehabilitation Act of 1973 (29 U.S.C.

794d) are determined to be relevant for the following program need: "Imaging and Video Input

Device."

Section 508 Product Requirements

Technical standards from 36 CFR part 1194 Subpart B have been determined to apply to this acquisition. Solicitation respondents must describe how their proposed Electronic and

Information Technology (EIT) deliverables meet at least those technical provisions identified as applicable in the attached Government Product/Service Accessibility Template (GPAT).

Functional performance criteria from 36 CFR part 1194 Subpart C have been determined to apply to this acquisition. Solicitation respondents must describe how their proposed Electronic and Information Technology (EIT) deliverables meet at least those functional performance criteria identified as applicable in the attached Government Product/Service Accessibility

Template (GPAT).

Information, documentation, and support requirements from 36 CFR part 1194 Subpart D have been determined to apply to this acquisition. Solicitation respondents must describe how the information, documentation, and support proposed for Electronic and Information Technology

(EIT) deliverables meet at least those information, documentation, and support requirements identified as applicable in the attached Government Product/Service Accessibility Template

(GPAT).

Section 508 Evaluation Factors

Responses to this solicitation will only be considered for award after it has been determined that the proposal adequately addresses the requirements for Section 508. Only proposals which contain adequate information to document their responsiveness to the Section 508 requirements (e.g. a completed GPAT, VPAT or equivalent and supporting documentation) will be eligible for any additional merit consideration.

Section 508 Acceptance Criteria

Imaging and Video Input Device delivered as a result of this solicitation will be accepted based in part on satisfaction of identified Section 508 requirements for accessibility. Imaging and

Video Device delivered must include a completed GPAT, a sample of which is included as a part of this solicitation.

NATIONAL INSTITUTES OF HEALTH (NIH) PROVISIONS AND CLAUSES

Access to National Institutes of Health (NIH) Electronic Mail

All Contractor staff that have access to and use of NIH electronic mail (e-mail) must identify themselves as contractors on all outgoing e-mail messages, including those that are sent in reply or are forwarded to another user. To best comply with this requirement, the Contractor staff shall set up an e-mail signature ("AutoSignature") or an electronic business card ("V-card") on each Contractor employee's computer system and/or Personal Digital Assistant (PDA) that will automatically display "Contractor" in the signature area of all e-mails sent.