AppxB_HHSClauses.pdf

HHS-NIH-NIDA-SSSA-CSS-15-647 Appendix B

HHS Clauses (Aug 2014)

(a) The Contractor shall comply with the following Department of Health and Human Services Acquisition Regulation/Public Health Service Acquisition Regulation (HHSAR/PHSAR) (48 CFR CHAPTER 3) Clauses, incorporated by reference, when the applicable circumstances apply:

HHS 352.201-70 Paperwork Reduction Act (Jan 06) (applicable to all contracts.)

HHS 352.202-1 Definitions (Jan 06) HHS 352.203-70 Anti-Lobbying (Mar 12) HHS 352.204-16 Prevention and Public Health Fund—Reporting Requirements (Mar 12) (applicable for all solicitations and contracts funded in whole or in part with PPHF funds. Clause included in full text as attachment to this document.)

HHS 352.222-70 Contractor Cooperation in Equal Employment Opportunity Investigations (Jan 10) HHS 352.223-70 Safety and Health (Jan 06) (applicable to services involving hazardous materials or operations) HHS 352.224-70 Privacy Act (Jan 06) (applicable when records on individuals will be designed, developed or operated.)

HHS 352.227-70 Publication and Publicity (Jan 06) (applicable to all contracts.)

HHS 352-231-70 Salary Rate Limitation (AUG 12) (applicable for all extramural contracts & orders, including R&D support EXCEPT fixed-price completion contracts & orders) HHS 352.231-71 Pricing of Adjustments (Jan 01) (applicable for fixed-price contracts) HHS 352.233-70 Choice of Law (Overseas) (Jan 10) HHS 352.237-70 Pro-Children Act (Jan 06) (applicable with kindergarten, elementary or secondary education or library services or health or day care services provided to children under 18 yrs.)

HHS 352.237-71 Crime Control Act–Reporting of Child Abuse (Jan 06) (applicable when performance will take place on Federal land or at a federally-operated facility involving professions/ activities including but not limited to physicians, nurses, and others specified in the Crime Control Act of 1990.)

HHS 352.237-72 Crime Control Act–Requirement for Background Checks (Jan 06) (applicable for all child care services to children under age 18, including social services, health, mental health care, education and rehab programs covered under the Crime Control Act of 1990.)

HHS 352.237-73 Non-Discrimination in Service Delivery (Mar 12) (applicable in solicitations, contracts & orders to deliver services under HHS’ programs directly to the public. Clause included in full text as attachment to this document.)

HHS 352.239-70 Standard for Security Configurations (Jan 10) (applicable for operation or acquisition of an information technology system)

HHS 352.239-71 Standard for Encryption Language (Jan 10) (applicable for acquisition or lease of, or requirement to use desktop, laptop computers, mobile devices or portable media to store or process HHS sensitive information categorized as “moderate” or “high.”)

HHS 352.239-72 Security Requirements (Jan 10) (applicable when Federal information or information systems will be accessed.)

HHS 352-239-73 Electronic and Information Technology Accessibility (Jan 10) (applicable when EIT will be developed, purchased, maintained, or used.)

HHS 352.242-70 Key Personnel (Jan 06) HHS 352-242-71 Tobacco-free Facilities (Jan 06) (applicable when some or all of contractor’s performance will take place on HHS property.

HHS 352.270-1 Accessibility of Meetings, Conferences and Seminars to Persons with Disabilities (Jan 01)

(applicable for conduct of meetings, conferences, or seminars open to the public or DHHS employees.)

HHS 352.270-4(b) Protection of Human Subjects (Jan 06) (applicable when human subjects will be used as research subjects)

HHS 352.270-5(b) Care of Live Vertebrate Animals (Oct 09) (Applicable to services involving live vertebrate animals.)

HHS 352.270-6 Restriction on Use of Human Subjects (Jan 06) (applicable when project is awaiting IRB approval.)

HHS 352.270-7 Conference Sponsorship Request and Conference Materials Disclaimer (Jan 10) (applicable when funding, in whole or in part, support a conference.

HHS 352.270-8 Prostitution and Related Activities (Jan 10) (applicable for HIV/AIDS programs or where funding under U.S. Leadership against HIV/AIDS, tuberculosis and Malaria Act of 2003.)

(b) The Offeror shall comply with the following Federal Acquisition Regulation (FAR) and Department of

Health and Human Services Acquisition Regulation (HHSAR) provisions, incorporated by reference, when the applicable circumstances apply:

52.204-7 System for Award Management (Jun 2013)(applicable when contractor is required to register in the System for Award Management (SAM) database.)

52.204-6 Data Universal Numbering System Number (Jul 2013)(applicable when contractor is exempt from registering in the System for Award Management (SAM) database.)

52.214-34 Submission of Offers in the English Language (Apr 91) (applicable when contract will be subject to NAFTA or contracting officer specifies its use.)

52.214-35 Submission of Offers in U.S. Currency (Apr 91) (applicable when contract will be subject to NAFTA or contracting officer specifies its use.)

52.223-4 Recovered Material Certification (May 08) (Certification established by order acceptance.)

52.237-1 Site Visit (Apr 84) (applicable for services to be performed on Government installations.)

HHS 352.270-4a Notice to Offerors of Requirements of 45 CFR Part 46, Protection of Human Subjects

(Jan 06) HHS 352.270-5a Notice to Offerors of Requirement for Adequate Assurance of Protection of

Vertebrate Animal Subjects (Jan 06) HHS 352.270-9 Nondiscrimination for Conscience (Jan 10) (applicable over micro-purchase threshold.)

Promoting Efficient Spending

In accordance with the OMB Memorandum M-11-35 Eliminating Excess Conference Spending and Promoting Efficiency in Government dated September 21, 2011; and HHS Memorandum HHS Policy on Promoting Efficient Spending: Use of Appropriated Funds for Conferences and Meetings, Food, Promotional Items, and Printing and Publications dated January 3, 2012 (Revised June 7, 2012); and NIH Memorandum NIH Guidance Related to the HHS Policy on Promoting Efficient Spending: Use of Appropriated Funds for Conferences and Meetings, Food, Promotional Items, and Printing and Publications dated January 30, 2012 (Amended June 15, 2012), the following addendum is to be incorporated into all applicable award documents and any modifications issued after January 3, 2012:

Conferences and Meetings The Contractor shall not use contract funds, (direct or indirect), to conduct meetings or conferences without prior written Contracting Officer approval.

Food including Meals, Light Refreshments and Beverages The Contractor shall not use contract funds to conduct meetings or conferences without prior written Contracting Officer approval.

The use of contract funds to purchase food for meals, light refreshments, or beverages is expressly prohibited.

Registration fees cannot be used to acquire food, light refreshments or beverages for NIH sponsored conferences or meetings.

NIH solicitations, funding opportunity announcements, contracts, and purchase orders for conferences or meeting space must specifically prohibit the inclusion of food and meals and state that food and meals are not to be provided and are an unallowable expense. In effect, when acquiring space to conduct conference meetings, the government may not accept food even if the space being offered would be the same cost with or without the food.

Promotional Items The Contractor shall not use contract funds to purchase promotional items. Promotional items include, but are not limited to clothing and commemorative items such as pens, mugs/cups, folders/folios, lanyards, and conference bags that are sometimes provided to visitors, employees, grantees, or conference attendees. This includes items or tokens given to individuals as these are considered personal gifts for which contract funds may not be expended.

Printing and Publications It is NIH’s policy that printing and publication of hard copy materials be consistent with HHS and NIH missions, objectives and existing policies; represent the efficient and effective use of taxpayer funds; and withstand public scrutiny, while not creating barriers for the public in obtaining NIH information. Information should now be presumed to be provided in an electronic form, whenever practicable, permitted by law, and consistent with applicable records and retention requirements. The contractor should therefore limit the publication and printing of hard copy documents for internal and external use. This policy is in addition to existing statutory and regulatory requirements for Printing and Publications.

When the printing of hard copy documents is required in performance of the contract, the contractor shall adhere to the requirements of FAR Clause 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) in solicitations and contracts.

Clauses Included in Full Text

1. HHSAR Clause 352.204-16, Prevention and Public Health Fund--Reporting Requirements (March 2012) (applicable for all solicitations and contracts funded in whole or in part with PPHF funds.)

(a) Pursuant to Public Law 112-74, FY2012 Labor, HHS and Education Appropriations Act, Sec. 220, this contract requires the contractor to provide products and/or services that are funded from the Prevention and Public Health Fund (PPHF), Public Law 111-148, sec.

4002. Section 220(a)(5) requires each contractor to report on its use of these funds under this contract. These reports will be made available to the public.

(b) ) Semi-annual reports from the Contractor for all work funded, in whole or in part, by the PPHF, are due no later than 20 days following the end of each six-month period. The six-month reporting periods are January through June and July through December. The first report is due no later than 20 days after the end of the six-month period following contract award. Subsequent reports are due no later than 20 days after the end of each reporting period. If applicable, the Contractor shall submit its final report for the remainder of the contract period no later than 20 days after the end of the reporting period in which the contract ended.

(c) ) The Contractor shall provide the following information in an electronic and 508 compliant format to the Contracting Officer.

(1) ) The Government contract and order number, as applicable.

(2) ) The amount of PPHF funds invoiced by the contractor for the reporting period and the cumulative amount invoiced for the contract or order period.

(3) A list of all significant services performed or supplies delivered, including construction, for which the contractor invoiced in the reporting period.

(4) Program or project title, if any.

(5) ) The Contractor shall report any subcontract funded in whole or in part with PPHF funding, that is valued at $25,000 or more. The Contractor shall advise the subcontractor that the information will be made available to the public. The Contractor shall report:

(i) Name and address of the subcontractor.

(ii) Amount of the subcontract award.

(iii) Date of the subcontract award.

(iv) A description of the products or services (including construction) being provided under the subcontract.

(End of clause)

2. HHSAR Clause 352.237-73, Non-Discrimination in Service Delivery (March 2012).

(applicable in solicitations, contracts & orders to deliver services under HHS’ programs directly to the public. )

It is the policy of the Department of Health and Human Services that no person otherwise eligible will be excluded from participation in, denied the benefits of, or subjected to discrimination in the administration of HHS programs and services based on non-merit factors such as race, color, national origin, religion, sex, gender identity, sexual orientation, or disability (physical or mental). By acceptance of this contract, the contractor agrees to comply with this policy in supporting the program and in performing the services called for under this contract. The contractor shall include this clause in all subcontracts awarded under this contract for supporting or performing the specified program and services.

Accordingly, the contractor shall ensure that each of its employees, and any sub-contractor staff, is made aware of, understands, and complies with this policy.