RFQ_N02CO72611-8.pdf

N02CO72611-8

SECTION 1 - Supplies or Services/Prices

1.1 BRIEF DESCRIPTION OF SERVICES

The National Cancer Institute (NCI), Division of Cancer Control and Population Sciences (DCCPS), Healthcare Delivery Research Program (HDRP), Healthcare Assessment Research Branch requires technical support for SEER-Medicare data users.

1.2 TYPE OF ORDER

The anticipated type of award is Firm fixed price.

1.3 SEVERABLE SERVICES

The services acquired under this purchase order are severable services. Funds are only available for use for the line item to which they are obligated. Unused funds from one period (line item) may not rollover for use in other periods.

1.4 CONSIDERATION AND PAYMENT (FFP)

In consideration of satisfactory performance of the work as described throughout this contract, the Contractor shall be paid a fixed price for each CLIN (if exercised). If the options are exercised, funding will be obligated by modification to the contract. The base period and option periods are priced as follows:

Contract Period Period of Performance Fixed Price (To be completed by Quoter)

CLIN 1 Base Year 9/20/2017 – 9/19/2018 CLIN 2 Option Year 1 9/20/2018 – 9/19/2019 CLIN 3 Option Year 2 9/20/2019 – 9/19/2020 CLIN 4 Option Year 3 9/20/2020 – 9/19/2021 CLIN 5 Option Year 4 9/20/2021 – 9/19/2022

TOTAL Potential Value inclusive of all CLINS

SECTION 2 – Statement of Work (SOW)

2.1 BACKGROUND

The US Department of Health and Human Services, National Cancer Institute (NCI), Division of Cancer Control and Population Sciences (DCCPS), Healthcare Delivery Research Program (HDRP), Healthcare Assessment Research Branch, requires technical support for SEER-Medicare data users.

The SEER-Medicare linked data base is a major national resource for conducting cancer-related health services research and health economics studies. The data resource is unique, coordinated by NCI with data contributed by the Center for Medicare and Medicaid Services and NCI’s SEER program of cancer registries. Given the broad span of the files, the data are not public use.

Investigators who want to obtain the SEER-Medicare data must submit data request to NCI that describes how the data will be used. Data requests are reviewed by NCI to ensure there are no concerns with data confidentiality or the feasibility of the analysis. Upon completion of analyses using the SEER-Medicare data, researchers are required to submit a copy of any manuscript prior to publication for a review to ensure that the analyses were within scope of their approved proposal and there are no confidentiality issues.

The SEER-Medicare data are complex and are difficult to use for persons who have not had experience with the files. New users frequently need technical support to design and implement their analyses correctly. NCI maintains an extensive website with information about the SEER- Medicare data (http://healthservices.cancer.gov/seermedicare/). The website includes detailed information about the use and content of these data. The website must be updated regularly. In addition, NCI receives numerous questions from investigators about the data. The number of data requests and manuscripts to be reviewed has increased significantly. Since SEER-Medicare was created in 1991, NCI has received over 1800 new requests for the data from outside investigators and reviewed over 1700 manuscripts. Over 1600 scientific articles using the SEER-Medicare data have been published in peer-reviewed journals. The number of technical questions submitted has also increased significantly. Since September 2012, over 400 technical questions have been received. The current demand for the services related to the SEER-Medicare data exceeds the capacity of available in-house NCI staff.

2.2 SCOPE

Independently, and not as an agent of the Government, the Contractor shall furnish all necessary services, qualified personnel, labor, facilities, equipment, materials, and supplies not provided by the government as needed to perform the work described below.

The following websites shall be referenced when performing the work described below:

• SEER-Medicare website: http://healthservices.cancer.gov/seermedicare/

• SEER website: http://seer.cancer.gov/

• SEER-Medicare Tracking System https://tools.cancercontrol.cancer.gov/seermedicare/lg.php

• Squish Tracking System https://www.squishlist.com/seermedicare/queries/

2.3 CONTRACTOR TASKS / RESPONSIBILITIES

2.3.1 ADMINISTRATIVE SUPPORT

2.3.1.1 The Contractor shall document the progress of assigned submissions (data requests, manuscripts and technical questions) via email and the Tracking Systems

All data requests, manuscripts and technical questions are submitted to NCI. NCI shall enter all data requests, manuscripts and technical questions into two tracking systems: the SEER-Medicare Data Tracking System (data requests, manuscripts) and the Squish Tracking System (technical questions). These tracking systems will be maintained by NCI and will be accessible to the http://healthservices.cancer.gov/seermedicare/ http://healthservices.cancer.gov/seermedicare/ http://seer.cancer.gov/ https://tools.cancercontrol.cancer.gov/seermedicare/lg.php https://www.squishlist.com/seermedicare/queries/

Contractor via secure websites; accounts will be provided upon award. The Contractor will be notified by NCI via email when each new data request, manuscript and technical question has been received.

The Contractor shall:

a) Track the review status of all data requests and manuscripts assigned to

Contractor by NCI using the SEER-Medicare Data Tracking System.

b) Email written reviews (see below) of the data requests and manuscripts to NCI.

c) Enter a review status into the tracking system. The review status shall be entered as, review complete/approved or waiting for modifications/revision required.

d) Enter additional information about each manuscript (e.g., cancer site and main focus), which once approved will make the manuscript searchable in the NCI’s publication database.

e) Track all technical questions assigned using the Squish Tracking System.

f) Enter responses to the assigned technical questions directly into the

Squish Tracking System.

g) Be responsible for checking email and the two tracking systems daily to be aware of when all requests, manuscripts and technical questions were assigned.

2.3.1.2 The Contractor shall review requests to use the SEER-Medicare data

The SEER-Medicare data are not public use. NCI has established policies related to obtaining the data and publishing analyses that must be followed by SEER- Medicare data requestors (Policies are available to the public at:

https://healthcaredelivery.cancer.gov/seermedicare/obtain/requests.html ).

Briefly, persons interested in obtaining these data are required to submit a project-specific data request to NCI with a detailed description of how the data shall be used and how the data shall be protected. NCI will provide all data requests assigned to the Contractor for via email to be evaluated on three main elements:

Feasibility- Data requestors must clearly state their research questions and indicate how all variables will be defined and used, in order to assess study feasibility. For example, the SEER-Medicare data include incomplete information on life-style factors. Therefore, if a requestor indicates they wish to assess the relationship between smoking or body mass index (BMI) with respect to cancer incidence or outcomes. This project would not be deemed not feasible.

Appropriatness of data requested-The SEER-Medicare data include distinct files (SEER data, hospital claims, physician claims, outpatient clinic claims, etc). Thus, the data requestors must clearly specify and justify the release of each requested data file. For example, a data requestor planning to use the SEER-Medicare data to examine patterns of initial treatment for early stage cancer would not be approved access to the hospice data. Additionally, a data requestor planning on assess https://healthcaredelivery.cancer.gov/seermedicare/obtain/requests.html prescription drug use should request the Medicare Part D prescription drug file.

Data storage and protection- NCI requires that all SEER-Medicare data must be stored in a secure manner, as outlined in the policies.

a) Review all assigned data requests for adherence to the SEER-Medicare data release policies.

b) Review the data requests to determine project feasibility. The purpose of this review is not to assess the scientific merit of the project, but rather to determine if the project can be completed given the available data.

c) Determine if the data requestor has requested all files needed for the analysis.

d) If applicable, provide NCI with a written explanation of what data files need to be added to the request/should be removed from the request, depending on the specific situation.

e) Determine if data protection measures are sufficient.

f) If applicable, provide a written explanation about any deficiencies in the data storage plan and what information needs to be provided by the data requestors to determine that the data shall be appropriately protected.

g) Enter all written comments for NCI on a standardized review form (e.g., Word document), which NCI will provide to the Contractor upon contract award.

h) Provide written comments to all data original requests within 10 business days of receipt. By the end of this 10-day period the Contractor shall notify NCI in writing that the request is acceptable or delineate what additional data must be submitted.

i) Provide written comments to all follow-up reviews of revised data requests within 5 business days of receipt.

2.3.1.3 The Contractor shall review manuscripts and reports that were prepared using the SEER-Medicare data.

Persons who have obtained the SEER-Medicare data are required to submit drafts of manuscripts/reports to NCI prior to submitting the manuscript/report to a professional journal. These manuscripts/reports must comply with SEER- Medicare policies. Namely, that the analysis conducted was consistent with the approved data request and that the confidentiality of the patients and providers included in the analysis were protected. NCI will provide all manuscripts and reports assigned to the Contractor for review via email.

a) Review all assigned manuscripts and reports for adherence to the SEER-

Medicare data release policies.

b) Determine if the analysis presented is consistent with the approved

SEER-Medicare data request. NCI shall provide approved data requests as needed.

c) If applicable, provide NCI with a written explanation of the inconsistencies between the data request and the submitted manuscript/report. NCI shall share these comments with the data requestor to ensure that only approved analyses are presented in published manuscripts and reports.

d) Determine if there are any descriptions in the text, tables or figures that could result in the re-identification of a patient or provider in the SEER- Medicare data (e.g., any explicit or derived cell size less than 11).

e) If applicable, provide NCI with a written explanation indicating when/which result represents a confidentiality concern. NCI shall share these comments with the data requestor so that the manuscript or report can be edited to remove confidentiality concerns.

f) Enter all written comments for NCI on a standardized review form (e.g., Word document), which NCI will provide to the Contractor upon contract award.

g) Provide written comments to all manuscripts/reports within 10 business days of receipt. By the end of this 10-day period the Contractor shall notify NCI in writing that the manuscripts/reports is acceptable or delineate what additional data must be submitted.

h) Provide written comments to all follow-up reviews of revised manuscripts/reports within 5 business days of receipt.

2.3.2 TECHNICAL INFORMATION

2.3.2.1 The Contractor shall respond to questions from data users

The SEER-Medicare data are complex and technical questions frequently arise among new and seasoned usered. Examples of the types of questions received from prospective users include which specific data files to request, when the next SEER-Medicare linkage will be updated, and whether specific conditions are reported in the Medicare data. Examples of the types of questions received from current users include how specific variables are defined, questions related to correctly linking the different records and files, and queries related to where to find documentation for the files. NCI will assign and provide the Contractor access to these questions through the Squish Tracking System.

a) Field all assigned questions raised by prospective and current users of the SEER-Medicare data.

b) Enter all written responses directly into the Squish Tracking System so that NCI can forward to the data user.

c) Respond to each question within 2 business days.

2.3.2.2 The Contractor shall provide SEER-Medicare Training

NCI shall be responsible for the logistics of the training such as organizing registration and purchasing, collating and disseminating course materials. NCI will also be responsible for identifying the topics to be covered, which may include but are not limited to:

i. Overview of the Medicare Program

ii. Structure of the Medicare Data

iii. Overview of the SEER Data

iv. Overview of the Linked SEER-Medicare Data

v. Measuring Surgery

vi. Measuring Chemotherapy

vii. Measuring Radiation Therapy

viii. Measuring Outcomes

ix. Using Part D Data

x. Screening and Surveillance

xi. Estimating the Cost of Care

xii. Comorbidity and Risk Adjustment

xiii. Creating a Cohort

xiv. Provider Information in the SEER-Medicare data

a) Conduct the webinar training sessions, which will be up to 2 days long, and will be held during Option Year 1 and 3.

b) Develop the Word PowerPoint presentations for each selected topic.

c) Deliver the PowerPoint presentation slide deck to NCI no later than 3 weeks before the training date.

d) Enter and respond to any question not answered during the webinar via the

Squish Tracking System so that a response can be forwarded to the requestor.

e) Respond to any questions that were not answered during the webinar within 5 business days of when the webinar was provided.

2.3.3 TECHNICAL SUPPORT

2.3.3.1 The Contractor shall assist NCI with assessing the quality of the SEER-

Medicare linkage

At the end of the biennial linkage process, NCI assesses the quality of the linkage and generates analytic output (e.g., tables and graphs). NCI shall furnish the Contractor with the analytic output.

a) Review the analytic output for any indication that there are data quality issues.

Examples of type of assessments, from which NCI shall provide output, include calculation of match rates between SEER data and Medicare’s master enrollment file (e.g., how often did a SEER case number match to no, one and more than one Medicare HIC, do match rates vary by registry, cancer site, age group, race or sex); do the number of cases in the newly linked SEER-Medicare data match expected estimates of the number of incident and prevalent cancer cases; how complete are the

Medicare claims (e.g., consistency of volume of claims per beneficiary by year and file type); and face validity of the linked data (e.g., does the percent of Stage III colon cancer patients that had chemotherapy per Medicare data agree with treatment guidelines).

b) Within 3 weeks of receiving analytic output, provide NCI with a written assessment of the quality of the linkage, based on the review of the tables provided by NCI.

c) Within 3 weeks of receiving analytic output, provide NCI with an oral briefing related to the quality of the linkage.

d) Complete the assessment within the first two months of Option Years 1 and 3.

2.3.3.2 The Contractor shall review and edit the SEER-Medicare website content

The information included on the SEER-Medicare website periodically needs to be updated because:

i. Medical Medicare coverage changes e.g., Medicare has expanded or dropped coverage for a cancer screening test or has changed the periodicity of the test

ii. Codes for specific individual treatments change

iii. Entire coding schemes change: e.g., migration to National Provider

Identifiers from Unique Physician Identification Numbers, introduction of ICD-10 coding systems, changes in SEER staging systems

iv. Changes in data availability: CMS no longer allows certain files to be released or SEER makes additional variables/files publicly available.

a) Read the technical support portion of the SEER-Medicare website and offer changes for information that is no longer current or accurate.

b) Investigate all codes and coverage information provided on the SEER-

Medicare website.

c) Submit a written report to NCI in Microsoft Word of the website content with all proposed corrections or edits.

d) Complete the review of the website within the first three months of Option

Years 1 and 3.

2.3.4 GENERAL

The Contractor shall confer as needed, both by phone and email, with the Contracting Officer’s Representative (COR) to discuss:

a) Problematic data requests or papers

b) SEER-Medicare training and involvement in the course

c) Quality assessment of the data

d) Technical content on the SEER-Medicare data

e) Any unexpected and urgent changes in project priority

SECTION 3 - Packaging and Marking

3.1 PACKAGING AND MARKING

All information and deliverables shall be delivered to the Contracting Officer's Representative at the address shown in Section 6.2 - and shall be marked as follows:

1. Name and address of the Contractor;

2. Contract Number;

3. Description of item contained therein; and

4. Consignee's name and address

SECTION 4 - Inspection and Acceptance

4.1 INSPECTION AND ACCEPTANCE

Pursuant to 52.212-4, all work described in the SOW to be delivered under this contract is subject to final inspection and acceptance by an authorized representative of the Government. The authorized representative of the Government is the Government's COR, who is responsible for inspection and acceptance of all services, materials, or supplies to be provided by the Contractor.

SECTION 5 - Deliveries or Performance

5.1 PLACE OF PERFORMANCE

All services shall be performed at the Contractor’s facility.

5.2 PERIOD OF PERFORMANCE

The estimated period of performance shall consist of a 12-month base year, plus four (4) 12-month option years as follows:

Base Year: September 20, 2017 to September 19, 2018 Option Year 1: September 20, 2018 to September 19, 2019 Option Year 2: September 20, 2019 to September 19, 2020 Option Year 3: September 20, 2020 to September 19, 2021 Option Year 4 is September 20, 2021 to September 19, 2022

5.3 REPORT(S)/DELIVERABLES AND DELIVERY SCHEDULE

The Contractor shall submit all required report(s)/deliverables in accordance with the following schedule:

DELIVERABLE # DESCRIPTION AND TASK

CROSS-REFERENCE

DUE DATE

1 Data request reviews (2.3.1.2) New requests: within 10 business days of receipt.

Revised requests: within 5 business days of receipt.

2 Manuscript reviews (2.3.1.3) New manuscripts: within 10 business days of receipt.

Revised manuscripts: within 5 business days of receipt.

3 Technical question responses (2.3.2.1)

Within 2 business days of receipt.

4 SEER-Medicare training slide deck (2.3.2.2 item b)

No later than 3 weeks prior to the training date.

5 SEER-Medicare training question response (2.3.2.2 item e)

Within 5 business days of the training.

6 Quality assessment of the biennial linkage (2.3.3.1)

Within 3 weeks of receiving the quality assessment tables from NCI (within the first three months of Option Years 1 and 3)

7 SEER-Medicare website edited content (2.3.3.2) within the first 3 months of Option Years 1 and 3

8 Monthly reports No later than the 15th day of the following month.

*All reports shall reference and cite the purchase order number.

Regardless of format, all digital content or communications materials produced as a deliverable under this contract, shall conform to applicable Section 508 Standards to allow Federal employees and members of the public with disabilities to have access to and use of information and data that is comparable to the access to and use of information and data by Federal employees or by members of the public who are not individuals with disabilities. Remediation of any materials that do not comply with the applicable Section 508 requirements as set forth below, shall be the responsibility of the Contractor.

HHS guidance regarding accessibility of documents can be found at http://www.hhs.gov/web/section-508/making-files-accessible/index.html; HHS accessibility checklists for different file types can be found at http://www.hhs.gov/web/section-508/making-files-accessible/checklist/.

Federal government-wide guidance regarding accessibility of documents can be found at https://www.section508.gov/best-practices, including the documents describing the preferred method of authoring and testing documents produced in Microsoft Word 2013 or later, Microsoft Excel, and files formatted as PDF.”

SECTION 6 - Contract Administration Data

6.1 AUTHORITIES OF GOVERNMENT PERSONNEL

Notwithstanding the Contractor’s responsibility for total management during the performance of this contract, the administration of the contract will require coordination between the Government and the Contractor. The following individual will be the Government’s points of contact during performance of the contract.

6.2 CONTRACTING OFFICER'S REPRESENTATIVE (COR)

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

(TBD AT AWARD)

National Cancer Institute National Institutes of Health U.S. Department of Health and Human Services 9609 Medical Center Drive Rockville, MD 20850

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 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.

The Government may unilaterally change its COR designation.

http://www.hhs.gov/web/section-508/making-files-accessible/index.html http://www.hhs.gov/web/section-508/making-files-accessible/checklist/ http://www.hhs.gov/web/section-508/making-files-accessible/checklist/ https://www.section508.gov/best-practices

6.3 INVOICE AND PAYMENT PROVISIONS – COMMERCIAL (2/2014)

The following clause is applicable to all Purchase Orders, Task or Delivery Orders, and Blanket Purchase Agreement (BPA) Calls: Prompt Payment (Jul 2017) FAR 52.232-25. Highlights of this clause and NIH implementation requirements follow:

I. Invoice Requirements

A. An invoice is the Contractor's bill or written request for payment under the contract for supplies delivered or services performed. A proper invoice is an "Original" which must include the items listed in subdivisions 1 through 12, below, in addition to the requirements of FAR 32.9. If the invoice does not comply with these requirements, the Contractor will be notified of the defect within 7 days after the date the designated billing office received the invoice (3 days for meat, meat food products, or fish, and 5 days for perishable agricultural commodities, dairy products, edible fats or oils) with a statement of the reasons why it is not a proper invoice. (See exceptions under II., below.)

Untimely notification will be taken into account in the computation of any interest penalty owed the Contractor.

1. Vendor/Contractor: Name, Address, Point of Contact for the invoice (Name, title, telephone number, e-mail and mailing address of point of contact).

2. Remit-to address (Name and complete mailing address to send payment).

3. Remittance name must match exactly with name on original order/contract. If the

Remittance name differs from the Legal Business Name, then both names must appear on the invoice.

4. Invoice date.

5. Unique invoice #s for all invoices per vendor regardless of site.

6. NBS document number formats must be included for awards created in the NBS:

Contract Number; Purchase Order Number; Task or Delivery Order Number and Source Award Number (e.g., Indefinite Delivery Contract number; General Services Administration number); or, BPA Call Number and BPA Parent Award Number.

7. Data Universal Numbering System (DUNS) or DUNS + 4 as registered in the Central Contractor Registration (CCR).

8. Federal Taxpayer Identification Number (TIN). In those exceptional cases where a contractor does not have a DUNS number or TIN, a Vendor Identification Number (VIN) must be referenced on the invoice. The VIN is the number that appears after the contractor’s name on the face page of the award document.

9. Identify that payment is to be made using a three-way match.

10. Description of supplies/services that match the description on the award, by line billed.*

11. Freight or delivery charge must be billed as shown on the award. If it is included in the item price do not bill it separately. If identified in the award as a separate line item, it must be billed separately.

12. Quantity, Unit of Measure, Unit Price, Extended Price of supplies delivered or services performed, as applicable, and that match the line items specified in the award.*

* NOTE: If your invoice must differ from the line items on the award, please contact the Contracting Officer before submitting the invoice. A modification to the order or contract may be needed before the invoice can be submitted and paid.

B. Shipping costs will be reimbursed only if authorized by the Contract/Purchase Order. If authorized, shipping costs must be itemized. Where shipping costs exceed $100, the invoice must be supported by a bill of lading or a paid carrier's receipt.

C. Mail an original and 1 copy of the itemized invoice to:

National Institutes of Health Office of Financial Management, Commercial Accounts

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

For inquiries regarding payment call: (301) 496-6088

In order to facilitate the prompt payment of invoices, it is recommended that the vendor submit a photocopy of the invoice to the “Consignee” designated for the acquisition in blocks 6A – 6E of the face page of the Order/Award document.

II. Invoice Payment

A. Except as indicated in paragraph B., below, the due date for making invoice payments by the designated payment office shall be the later of the following two events:

1. The 30th day after the designated billing office has received a proper invoice.

2. The 30th day after Government acceptance of supplies delivered or services performed.

B. The due date for making invoice payments for meat and meat food products, perishable agricultural commodities, dairy products, and edible fats or oils, shall be in accordance with the Prompt Payment Act, as amended.

III. Interest Penalties

A. An interest penalty shall be paid automatically, if payment is not made by the due date and the conditions listed below are met, if applicable.

1. A proper invoice was received by the designated billing office.

2. A receiving report or other Government documentation authorizing payment was processed and there was no disagreement over quantity, quality, or contractor compliance with any term or condition.

3. In the case of a final invoice for any balance of funds due the contractor for supplies delivered or services performed, the amount was not subject to further settlement actions between the Government and the Contractor.

B. Determination of interest and penalties due will be made in accordance with the provisions of the Prompt Payment Act, as amended, the Contract Disputes Act, and regulations issued by the Office of Management and Budget.

IV. PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS

SUBCONTRACTORS, FAR 52.232-40 (DEC 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.

Section 7 – Special Contract Requirements

7.1 PROHIBITION AGAINST PERSONAL SERVICES

The Contractor shall not perform personal services under this contract. Contractor personnel are employees of the Contractor or its subcontractors and are under the administrative control and supervision of the Contractor. A Contractor supervisor must give all individual Contractor employee assignments and daily work direction. The Government will not supervise or direct Contractor employees in the performance of their assignments. If at any time the Contractor believes that any Government action or communication has been given that would create a personal service relationship between the Government and any Contractor employee, the Contractor shall promptly notify the Contracting Officer of this communication or action. The Contractor shall not perform any inherently-governmental functions under this contract. No Contractor employee shall represent or give the appearance that he/she is 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. The Contractor is responsible for ensuring that all employees assigned to this contract understand and are committed to following these requirements.

7.2 RESTRICTIONS ON CONTRACTOR ACCESS TO GOVERNMENT OR THIRD

PARTY INFORMATION

The purpose of this clause is to set forth the restrictions that will govern Contractor employees access to Government or third party information in order to protect the information from unauthorized use or disclosure.

A. Under this contract, the Contractor will have access to Contractor proprietary information and other nonpublic information.

B. Restrictions on use and disclosure of information.

(1) With regard to any information to which the Contractor is given access in performance of this contract, whether the information comes from the Government or from third parties, the Contractor shall:

(i) Utilize the information only for the purposes of performing the services specified in this contract, and not for any other purposes;

(ii) Safeguard information from unauthorized use and disclosure;

(iii) Allow access to the information only to those employees who need it to perform services under this contract;

(iv) Preclude access and disclosure of information to persons and entities outside of the Contractor's organization that do not have authority to access the information;

(v) Inform employees, who may require access to information, about their obligations to utilize it only to perform the services specified in this contract and to safeguard that information from unauthorized use and disclosure; and

(vi) Ensure each employee complies with the restrictions set forth in (i), (ii), (iii), and (iv) above.

(2) Unless specifically permitted in writing by the Contracting Officer, the Contractor shall not use information acquired in performance of the contract, or generated by or for the Government to:

(i) Compete for work for the Government; or

(ii) Submit an unsolicited proposal to the Government.

(3) If the Contractor is exposed to information that is marked in a way that indicates the Contractor should not receive this information, the Contractor shall:

(i) Notify the Contracting Officer; and

(ii) Use the information only in accordance with the instructions of the Contracting Officer.

C. Breach of any of the conditions of this section of the contract may provide grounds for the Government to:

(i) Require the contractor to remove the contract employee or employees from the performance of the contract;

(ii) Require the contractor to terminate the subcontractor;

(iii) Suspend contractor payments;

(iv) Terminate this contract for default or cause;

(v) Suspend or debar the Contractor for serious misconduct affecting present responsibility; and;

(vi) Pursue such other remedies as may be permitted by law, regulation, or this contract.

D. Unauthorized disclosure or other misuse of information protected by the Privacy Act of 1974 may result in a fine up to $5000 and /or other penalties. In addition, unauthorized disclosure or other misuse of information covered under the Federal Trade Secrets Act (18 USC 1905) may result in a fine, or imprisonment up to 1 year, or both.

E. The Contractor shall flow down this clause to subcontractors at all tiers.

7.3 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 .

7.4 CONTRACTOR PERFORMANCE EVALUATION(S)

During the life of this contract, Contractor performance will be evaluated on an interim and final basis pursuant to FAR Subpart 42.15. The Contractor Performance Assessment Reporting System (CPARS) will be utilized for these reviews. Information on CPARS can be located at http://www.cpars.gov.

7.5 POST AWARD ORGANIZATIONAL CONFLICT OF INTEREST

a. General: The Contractor shall have programs in place to identify, report, and mitigate actual and potential conflicts of interest for itself, its employees, subcontractors and consultants. The existence of such programs and the disclosure of known actual or potential conflicts are material performance requirements of this contract.

b. Disclosure: The Contractor shall report all actual and potential conflicts of interest pertaining to this contract to the Contracting Officer, including those that would be caused by a contemplated modification to this contact or another contract. Such reports shall be in writing (including by email). Upon request, the Contractor shall respond to a Contracting Officer's request for an OCI mitigation plan.

c. Resolution: In the event the Contracting Officer determines that a conflict of interest exists, based on disclosure from the Contractor or from other sources, the Contracting Officer shall take action which may include, but is not limited to, requesting a mitigation plan from the Contractor, terminating part or all of the contract, modifying the contract or obtaining a waiver in accordance with applicable law, including FAR 9.503 as applicable

7.6 HHSAR 352.237-75 KEY PERSONNEL (DEC 2015)

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

NAME TITLE

TBD Principle Investigator https://ocio.nih.gov/aboutus/publicinfosecurity/acquisition/Documents/Nondisclosure.pdf https://ocio.nih.gov/aboutus/publicinfosecurity/acquisition/Documents/Nondisclosure.pdf http://www.cpars.gov/

Section 8 – Contract Clauses

8.1 FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

8.2 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 15 days of contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.

8.3 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/ and/or http://www.hhs.gov/policies/hhsar/.

HEALTH AND HUMAN SERICES ACQUISITION REGULATION (HHSAR) (48 CFR

CHAPTER 3) PROVISIONS:

Clause No. Title

HHSAR 352.203-70 ANTI-LOBBYING (DEC 2015)

HHSAR 352.208-70 PRINTING AND DUPLICATION (DEC 2015)

HHSAR 352.211-3 PAPERWORK REDUCTION ACT (DEC 2015)

HHSAR 352.222–70 CONTRACTOR COOPERATION IN EQUAL

EMPLOYMENT OPPORTUNITY

INVESTIGATIONS. (DEC 2015)

HHSAR 352.224-70 PRIVACY ACT (DEC 2015)

HHSAR 352.224–71 CONFIDENTIAL INFORMATION (DEC 2015)

HHSAR 352.227–70 PUBLICATIONS AND PUBLICITY (DEC 2015)

http://www.acquisition.gov/far/ http://www.hhs.gov/policies/hhsar/

HHSAR 352.237–74 NON-DISCRIMINATION IN SERVICE

DELIVERY (DEC 2015)

HHSAR 352.237-75 KEY PERSONNEL (DEC 2015)

FEDERAL ACQUISITION REGULATION (FAR) (48 CFR CHAPTER 1) PROVISIONS:

Clause No. Title

FAR 52.203- 19 PROHIBITION ON CONTRACTING WITH

ENTITIES THAT REQUIRE CERTAIN

INTERNAL CONFIDENTIALITY AGREEMENTS

(JAN 2017)

FAR 52.204-21 BASIC SAFEGUARDING OF COVERED

CONTRACTOR INFORMATION SYSTEMS

(JUNE 2016)

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS –

COMMERCIAL ITEMS (JAN 2017)

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS

REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS—COMMERCIAL ITEMS

(JAN 2017)

FAR 52.219-4 NOTICE OF PRICE EVALUATION

PREFERENCE FOR HUBZONE SMALL

BUSINESS CONCERNS (OCT 2014)

FAR 52.219-8 UTILIZATION OF SMALL BUSINESS

CONCERNS (NOV 2016)

FAR 52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN

(JAN 2017)

FAR 52.222-17 NONDISPLACEMENT OF QUALIFIED

WORKERS (MAY 2014)

FAR 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT

2015)

FAR 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH

DISABILITIES (JUL 2014)

FAR 52.222-37 EMPLOYMENT REPORTS ON VETERANS (FEB

2016)

FAR 52.222-50 COMBATING TRAFFICKING IN PERSONS

(MAR 2015)

FAR 52.223-18 ENCOURAGING CONTRACTOR POLICIES TO

BAN TEXT MESSAGING WHILE DRIVING (AUG

2011)

FAR 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN

PURCHASES (JUN 2008)

FAR 52.232-33 PAYMENT BY ELECTRONIC FUNDS

TRANSFER-SYSTEM FOR AWARD

MANAGEMENT (JUL 2013)

FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO

SMALL BUSINESS (DEC 2013)

Section 9 – Solicitation Provisions / Submission Instructions

9.1 FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

(FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The quoter is cautioned that the listed provisions may include blocks that must be completed by the quoter and submitted with its quotation. In lieu of submitting the full text of those provisions, the quoter may identify the provision by paragraph identifier and provide the appropriate information with its quotation. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): https://www.acquisition.gov/Far/ and/or http://www.hhs.gov/policies/hhsar/.

Provision No. Title

FAR 52.212-1 INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS

(JAN 2017)

FAR 52.217-5 EVALUATION OF OPTIONS (JUL 1990)

9.2 GENERAL SUBMISSION INSTRUCTIONS

The quote must be prepared in three SEPARATE volumes: Volume I - "Technical Volume", Volume II - "Past Performance Volume" and Volume III - "Price/Business Volume". Each of these parts shall be separate and complete in itself so that the evaluation of one may be accomplished independently of the evaluation of the other. The Request for Quotation (RFQ) number should be included on the front cover of each volume.

Your quote must stipulate that it is predicated upon all the terms and conditions of this RFQ and signed by an official authorized to bind your organization. In addition, it must contain a statement to the effect that it is firm for a period of at least 60 days from the date of receipt thereof by the Government.

The Government will evaluate your quote in accordance with the evaluation criteria set forth in https://www.acquisition.gov/Far/ http://www.hhs.gov/policies/hhsar/

Section 19 of this solicitation.

This solicitation does not commit the Government to pay any of the costs associated with the preparation and submission of your quote. In addition, the Contracting Officer is the only individual authorized to legally commit the Government to the expenditure of public funds in connection with this requirement. By submitting a quote in response to this solicitation, it is understood that your quote shall become a part of the official contract file.

Questions Questions relating to this acquisition shall be submitted to Contract Specialist, Megan Kisamore, via email at megan.kisamore@nih.gov no later than 11:00 AM EST on Monday, August 28, 2017. All email inquiries shall have "Question - RFQ # N02CO72611-8" included in the subject line.

Submission Deadline Quotes are due no later than 3:00 PM EST on Monday, September 1, 2017 to Contract Specialist, Megan Kisamore, via email at megan.kisamore@nih.gov. All quotation submissions shall have "Quotation - RFQ # N02CO72611-8" included in the subject line.

9.3 TECHNICAL VOLUME INSTRUCTIONS (VOLUME I)

The technical volume shall be limited to 10 pages, with 1-inch margins, and using not less than 12-point font. Respondents are encouraged to be succinct and economical in their presentation.

Excessive volume and elaborate presentation are unnecessary. Tables of contents, works cited, and the Technical Appendix are not included in the page count.

The technical volume must not contain references to price; however, resource information, such as data concerning labor hours and categories, materials, etc., must be contained in the technical volume so that the Respondent's understanding of the scope of work may be evaluated.

Quoters must provide clear responses, including objectives and outcomes, to each task addressing the work to be performed in the SOW. The technical volume must reflect a clear understanding of the nature of the work being undertaken. Quotes which merely offer to conduct a project in accordance with the Government's requirements will not be eligible for award.

Technical Appendices:

The respondent shall include a Technical Appendix that includes all attachments, such as transcripts, resumes, and letters of commitment.

Section 508 Compliance:

The Quoter must demonstrate compliance with the applicable Section 508 standards. This includes submitting the completed HHS Section 508 Evaluation Template (Attachment 1) Information about Section 508 is available at http://www.section508.gov/. The complete text of Section 508 Final Provisions can be accessed at http://www.access-board.gov/sec508/provisions.htm.

9.3.1 PAST PERFORMANCE VOLUME INSTRUCTIONS (VOLUME II)

The Contractor shall identify three (3) contracts/task orders with the Federal Government and/or commercial customers that demonstrate recent and relevant past performance. Recent is defined as within the last three years. Relevant is defined as work similar in complexity and magnitude of the work described in this SOW.

mailto:megan.kisamore@nih.gov mailto:megan.kisamore@nih.gov http://www.access-board.gov/sec508/provisions.htm http://www.access-board.gov/sec508/provisions.htm

Include the following information for each contract or subcontract:

1. Name of Contracting Organization

2. Contract Number

3. Contract Type

4. Total Contract Value

5. Description of Requirement

6. Contracting Officer's Name and Telephone Number

7. Program Manager's Name and Telephone Number

The lack of a relevant performance record may result in an unknown performance risk assessment, which will neither be used to the advantage nor disadvantage of the offeror.

9.3.2 PRICE/BUSINESS VOLUME INSTRUCTIONS (VOLUME III)

Quoters shall prepare a price volume that contains all information necessary to allow for a comprehensive evaluation of the prices quoted.

The price quote must contain the following information:

1. Cover letter which includes the following:

a. Federal Tax Identification Number (TIN);

b. Data Universal Numbering System (DUNS) Number;

c. Business Size (e.g., small or large);

9.4 EVALUATION FACTORS FOR AWARD

9.4.1 GENERAL EVALUATION INSTRUCTIONS

Quotes must be prepared in accordance with and in compliance with the instructions given in this RFQ and address all requirements set forth in the SOW. Quotes which merely offer to conduct a program in accordance with the requirements of the Government will not be eligible for an award.

Evaluation and award will be conducted in accordance with the requirements of FAR 13.106.

The Government does not anticipate requesting revisions to quotes, so Quoters should provide their best solution and price in response to the RFQ. However, the Government reserves the right to request quote revisions that seek additional price discounts, provide revisions to the technical quote, or clarify aspects of the quote. In the event quote revisions are requested, the Government will not necessarily be seeking revisions from all Quoters. The Government will not be conducting "discussions" as defined in FAR Part 15.

9.4.2 EVALUATION CRITERIA

Basis for Award:

Selection of a quote for award will be made to the responsible Quoter whose quote contains the combination of those factors offering the best overall value to the Government. The factors in order of importance are: technical (sub-factors), Section 508 Compliance, past performance and price. When combined, all evaluation factors other than price will be considered significantly more important than price. As quotes become more equal under the non-price factors (and sub-factors), the importance of price increases. The process described in FAR 15.101-1 may be employed, which permits the Government to make tradeoffs among price and non-cost factors to consider award to other than the lowest price quote or other than the highest technically rated factor The Government intends to make an award to the quoters whose quote results in the best value to the Government.

The Evaluation Process:

The Government will award a contract resulting from this quotation to the responsible Contractor whose quote conforming to the quotation will be the most advantageous to the Government, price and other factors consideredThe Government shall evaluate the following evaluation factors (and sub-factors) that are listed in descending order of importance:

1. Technical

a) Management Approach

b) Organizational Experience

c) Technical Approach

2. Section 508 Compliance

3. Past Performance

4. Price

Technical Adjectival Ratings

Evaluators will apply the criteria of the following adjectives, (as appropriate to the individual factor being evaluated) as general guidance to be used when rating each of the adjectival factors listed above and the volume as a whole:

Adjectival Rating

Definition

EXCEPTIONAL

The quote contains no deficiencies or only a very few and very minor weaknesses. Based on information provided, there is no doubt that the quote demonstrates an exceptional understanding of the services required to meet or exceed most requirements. The highest quality of performance is anticipated.

GOOD

The quote contains no deficiencies and only a few minor weaknesses. Based on the information provided, there is little doubt that the quote demonstrates a high quality of understanding of the services required to meet or exceed some of the requirements.

ACCEPTABLE

The quote contains no deficiencies and some weaknesses.

Based on the information provided, the Quote demonstrates an understanding of the services required to meet the requirements.

MARGINAL

The quote contains deficiencies and significant weaknesses.

Based on information provided, there is doubt that the contractor understands the services required to meet the requirements. Requirement/services can be met only with major changes to the quote.

UNACCEPTABLE

The quote has many…