APIS RFP NIAAA 5_30_12.pdf
PDF 2 MB Posted
- Attached to
- Alcohol Policy Information System, (APIS) Federal contract opportunity
- Solicitation number
- NIAAA-12-04
About this file
Solicitation
View the file
Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| Attachment 7 spshexcl 11.2.11.xls | XLS spreadsheet |
On GovTribe
Work with this file on GovTribe
- Download the original file
- Contacts named in this file
- Similar government files
- Ask GovTribe AI about this file
Text version
- 1 -
SOLICITATION
SECTION A - SOLICITATION/CONTRACT FORM
1. Requisition or other Purchase Authority: 48 CFR 1
2. Request for Proposal (RFP) Number:
NIAAA-12-04
3. Issue Date:
May 30, 2012
4. Set Aside:
[ ] No [X] Yes See Part IV Section L
5. Title : Alcohol Policy Information System, (APIS)
6. ISSUED BY:
National Institute on Alcohol Abuse and Alcoholism, (NIAAA) NICHD, Office of Acquisitions, NIH NIAAA, R&D Contracts Management Branch 5635 Fishers Lane, Room 3016, MSC 9304 Rockville, Maryland 20852-9304
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 3:00 P.M. local time on August 6, 2012. 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 requred 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.
IF YOUR PROPOSAL IS NOT RECEIVED BY THE CONTRACTING OFFICER OR HIS DESIGNEE AT THE PLACE AND TIME SPECIFIED FOR THE OFFICE OF ACQUISITIONS, THEN IT WILL BE CONSIDERED LATE AND HANDLED IN ACCORDANCE WITH subparagraph (c)(3) of FAR Clause 52.215-1, Instructions to Offerors--Competitive Acquisition," LOCATED IN SECTION L.1. OF THIS SOLICITATION.
10. Offeror must be registered in the Central Contractor Registry (CCR) prior to award of a contract. http:// www.ccr.gov
11. FOR INFORMATION CALL: Gwennifer Epps, Contracting Officer
PHONE: 301-443-1191
e-MAIL: ge50d@nih.gov
COLLECT CALLS WILL NOT BE ACCEPTED.
Gwennifer Epps Contracting Officer NICHD, Office of Acquisitions, NIH National Institute on Alcohol Abuse and Alcoholism http://www.ccr.gov http://www.ccr.gov
RFP Number : NIAAA-12-04
- 2 -
RFP TABLE OF CONTENTS
PART I - THE SCHEDULE
SECTION A - SOLICITATION/CONTRACT FORM
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
INFORMATIONAL 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. NOTICE OF SMALL BUSINESS SET-ASIDE
c. NAICS CODE AND SIZE STANDARD
d. TYPE OF CONTRACT AND NUMBER OF AWARDS
e. COMMITMENT OF PUBLIC FUNDS
f. PROMOTING EFFICIENT SPENDING
g. COMMUNICATIONS PRIOR TO CONTRACT AWARD
h. RELEASE OF INFORMATION
i. PREPARATION COSTS
j. SERVICE OF PROTEST
k. LATE PROPOSALS AND REVISIONS
2. INSTRUCTIONS TO OFFERORS
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. Alternate Proposals
6. Evaluation of Proposals
7. Potential Award Without Discussions
8. Use of the Metric System of Measurement
9. Privacy Act - Treatment of Proposal Information
- 3 -
10. Selection of Offerors
11. Institutional Responsibility Regarding Investigator Conflicts of Interest
12. Past Performance Information
13. Solicitation Provisions Incorporated by Reference
14. Estimate of Labor Hours (For Guidance Purposes Only)
TECHNICAL PROPOSAL INSTRUCTIONS
1. Technical Discussions
2. Other Considerations
3. Technical Evaluation
4. Electronic and Information Technology Accessibility, HHSAR 352.239-73(a)
BUSINESS PROPOSAL INSTRUCTIONS
1. Basic Cost/Price Information
2. Information Other than Cost or Pricing Data
3. Requirements for Cost or Pricing Data or Information Other than Cost and Pricing Data
4. Salary Rate Limitation
5. HUBZone Small Business Concerns
6. Total Compensation Plan
7. Other Administrative Data
8. Subcontractors
9. Proposer's Annual Financial Report
10. Travel Costs/Travel Policy
SECTION M - EVALUATION FACTORS FOR AWARD
1. COST/PRICE EVALUATION
2. EVALUATION OF OPTIONS
3. TECHNICAL EVALUATION CRITERIA
4. EVALUATION OF ELECTRONIC AND INFORMATION TECHNOLOGY ACCESSIBILITY- SECTION
5. PAST PERFORMANCE FACTOR
- 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 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
This procurement will operate and maintain the Alcohol Policy Information System (APIS), including the APIS web site and the associated data structures and repositories, to provide detailed, reliable, and timely information on alcohol-related policies adopted by governments at the State and Federal levels in the United States. The address of the APIS web site is http://alcoholpolicy.niaaa.nih.gov. This procurement will also provide for technical assistance and related support activities to increase awareness of, familiarity with, and use and utility of APIS among researchers and policy professionals.
ARTICLE B.2. ESTIMATED COST - OPTION
a. The estimated cost of the Base Period of this contract is $ .
b. The fixed fee for the Base Period of this contract is $ . The fixed fee shall be paid in installments based on the percentage of completion of work, as determined by the Contracting Officer Payment shall be subject to the withholding provisions of the clauses ALLOWABLE COST AND PAYMENT and FIXED FEE referenced in the General Clause Listing in Part II, ARTICLE I.1. of this contract.
c. The total estimated amount of the contract, represented by the sum of the estimated cost plus the fixed fee for the Base Period is $ .
d. If the Government exercises its option pursuant to the OPTION PROVISION Article in SECTION H of this contract, the Government's total estimated contract amount represented by the sum of the estimated cost plus the fixed fee will be increased as follows:
e.
Estimated Cost ($) Fixed Fee ($) Estimated Cost
Plus Fixed Fee ($) Base Period Option Period(s):
Total (Base Period and Option(s)
f. Payments will be made from the following PRISM/NBS Line Items as follows:
g.
PRISM/NBS
(LINE Item No.)
Option/Increment
Description PRISM/NBS Line Item
(Period of Performance) Funded Amount
ARTICLE B.3. PROVISIONS APPLICABLE TO DIRECT COSTS
This article will prohibit or restrict the use of contract funds, unless otherwise approved by the Contracting Officer. The following is a list of items that may be included in the resultant contract as applicable. 1) Conferences & Meetings, 2) Food for Meals, Light Refreshments & Beverages, 3) Promotional Items, 4) Acquisition, by purchase or lease, of any interest in real property; 5) Special rearrangement or alteration of facilities; 6) Purchase or lease of any item of general purpose office furniture or office equipment regardless of dollar value; 7) Travel Costs including Foreign Travel; 8) Consultant Costs; 9) Subcontract Costs; 10) Patient Care Costs; 11) Accountable Government Property; 12) Printing costs; and 13) Research Funding.
- 6 -
ARTICLE B.4. 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, subcontracts) will be included in this Article if the Contracting Officer has granted his/her approval prior to contract award.
SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT
ARTICLE C.1. DESCRIPTION-SPECIFICATION-WORKSTATEMENT-STATEMENT OF WORK
a. 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 attached Statement of Work, dated May 30, 2012, attached hereto and made a part of this Solicitation (See SECTION J - List of Attachments).
ARTICLE C.2. REPORTING REQUIREMENTS
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 all reports required herein shall be submitted in electronic format, in addition, one (1) hardcopy of each report shall be submitted to the Contracting Officer, unless otherwise specified.
1. Monthly Teleconference Summaries
The Contractor shall submit an electronic copy of a summary of each Monthly Teleconference held between the Contracting Officer's Representative and the Project Director as specified in the General Requirements of the Statement of Work. These should document topics discussed, decisions reached, and action items assigned. Due: Within ten (10) days of each call.
2. Quarterly Progress Report
The Contractor shall prepare and submit an electronic copy of a Quarterly Report. For each Task in the Statement of work, this report shall briefly describe:
• personnel with primary responsibility for the Task;
• work performed and progress achieved;
• significant decisions taken during the quarter or pending;
• specific problems or concerns that have been identified, along with any proposed strategies for addressing them;
• planned activities for the upcoming quarter;
• extent and intensity of use of the APIS web site;
• users feedback to the webmaster (describing both the volume and the content of users' messages);
- 7 -
• technical assistance and information requests received under Task 5, their source (by category), their disposition, and the dates of both receipt and disposition;
• a list of all publications and abstracts recorded under Task 6. Publications should be summarized and categorized according to the extent to which APIS was used. Copies of the publications shall also be forwarded; and
• Other information as directed by the Contracting Officer's Representative.
If the IT activities under Task 1 and their documentation under Subtask 4b are performed by a subcontractor, the Quarterly Report covering those activities may be prepared and submitted in a document separate from the Quarterly Report covering all other Tasks, provided that all activities undertaken are described in either the Main Quarterly Report or the IT Quarterly Report.
Due: January 15, April 15, July 15, October 15 of each year.
3. Briefing Materials for Successor Staff
The Contractor shall submit copies of all materials prepared for and used in the training seminar conducted under Subtask 7a.
Due: Within Ten (10) days of the training seminar conducted under Subtask 7a.
4. Final Contract Materials
The Contractor shall submit to the Contracting Officer or designee whatever paper or electronic documentation, reference materials, data files, computer programs, presentation materials, and other information and materials that were obtained or generated in the performance of the contract or that are necessary for the continued operation of the APIS and its activities and that are not already included in previous submissions. This requirement includes any and all equipment that may have been purchased, leased, or otherwise obtained using contract funds.
Due: Ten (10) days prior to contract completion date.
b. Other Reports/Deliverables
1. 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 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
(30) days after contract award. The IT-SP shall be consistent with, and further detail
- 8 -the approach to, 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, the Contractor shall specify those parts of the contract to which the IT-SP applies.
The Contractor shall review and update the IT-SP in accordance with NIST SP 800-26, Security Self-Assessment Guide for Information Technology Systems and FIPS 200, 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)
In accordance with HHSAR Clause 352.239-72, Security Requirements For Federal Information Technology Resources, the contractor shall submit the IT-RA within thirty
(30) 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 Article in SECTION H of this contract.)
d. FIPS 199 Assessment
In accordance with HHSAR Clause 352.239-72, Security Requirements For Federal Information 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 SECITON H of this contract.
e. IT Security Certification and Accreditation (IT-SC&A)
In accordance with HHSAR Clause 352.239-72, Security Requirements For Federal Information 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 Article in SECTION H of this contract.)
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:
- 9 -
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.
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 Article in SECTION H of this contract.)
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: http://ocio.nih.gov/docs/public/ 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.)
2. 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/od under "Vendor Information and Documents."
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 required materials shall be delivered in immediate usable and acceptable condition.
http://ocio.nih.gov/docs/public/Nondisclosure.pdf http://ocio.nih.gov/docs/public/Nondisclosure.pdf http://www.hhs.gov/od
- 10 -
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, Contracting Officer Representative is the authorized representative of the Contracting Officer.
c. Inspection and acceptance will be performed at:
National Institute on Alcohol Abuse and Alcoholism, (NIAAA) NICHD,Office of Acquisitions, NIH NIAAA, R&D Contracts Management Branch 5635 Fishers Lane, Room 3016, MSC 9304 Rockville, Maryland 20852-9304
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 52.246-5, Inspection of Services - Cost-Reimbursement (April 1984).
SECTION F - DELIVERIES OR PERFORMANCE
ARTICLE F.1. PERIOD OF PERFORMANCE
a. The period of performance of this contract shall be from ___________ through _____________.
b. If the Government exercises its option(s) pursuant to the OPTION PROVISION Article in Section H of this contract, the period of performance will be increased as listed below:
c.
Option Option Period
*Note: This contract will include a 12 month base period and four 12 month option periods. The approximate period of performance shall be from January, 2013 through January, 2018.
ARTICLE F.2. DELIVERIES
a. Satisfactory performance of this contract shall be deemed to occur upon performance of the work described in the Statement of Work Article in SECTION C of this contract and upon delivery and acceptance by the Contracting Officer, or the duly authorized representative, of the Services specified in the Delivery Schedule which are described in SECTION C of this contract.
- 11 -
b. Unless otherwise specified, deliveries shall be made to the Delivery Point specified above Mondays through Fridays (excluding Federal Holidays) between the hours of 8:30 a.m. and 5:30 p.m. EST only. Supplies or services scheduled for delivery on a Federal holiday shall be made the following day.
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/comp/far/index.html
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSE:
52.242-15, Stop Work Order (August 1989) with Alternate I (April 1984).
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 specified prior to award
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; or (5) otherwise change any terms and conditions of this contract.
The Contracting Officer hereby delegates the COR as the Contracting Officer's authorized representative responsible for signing software license agreements issued as a result of this 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) http://www.acquisition.gov/comp/far/index.html
- 12 -
The following individual(s) is/are considered to be essential to the work being performed hereunder:
Name Title
ARTICLE G.3. INVOICE SUBMISSION/CONTRACT FINANCING REQUEST
a. Invoice/Financing Request Instructions for NIH Cost-Reimbursement Type Contracts NIH(RC)-1 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.
a. The original invoice shall be submitted to the following designated billing office:
National Institutes of Health Office of Financial Management Commercial Accounts 2115 East Jefferson Street, Room 4B-432, MSC 8500 Bethesda, MD 20892-8500
b. Two copies of the invoice shall be submitted to the following approving official:
Contracting Officer NICHD, Office of Acquisitions, NIH NIAAA, R&D Contracts Management Branch 5635 Fishers Lane, Room 3016, MSC 9304 Rockville, Maryland 20852-9304
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 NICHD Office of Acquisitions .
b. Central Point of Distribution. For the purpose of this contract, the Central Point of Distribution is niaaabranchcinvoices@mail.nih.gov .
c. 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.
- 13 -
d. 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.
e. Invoice Matching Option. This contract requires a two-way match.
f. 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.
g. PRISM/NBS Line Item Number and associated PRISM/NBS Line Item Period of Performance.
b. Inquiries regarding payment of invoices shall be directed to the designated billing office, (301) 496-6088.
The Contractor shall include the following certification on every invoice for reimbursable costs incurred with Fiscal Year funds subject to the SALARY RATE LIMITATION LEGISLATION PROVIDIONS Article in SECTION H of the contract. For billing purposes, certified invoices are required for the billing period during which the applicable Fiscal Year funds were initially charged through the final billing period utilizing the applicable Fiscal Year funds:
"I hereby certify that the salaries charged in this invoice are in compliance with the SALARY RATE LIMITATION LEGISLATION PROVISIONS Article in Section H of the above referenced contract."
ARTICLE G.4. INDIRECT COST RATES
In accordance with Federal Acquisition Regulation (FAR) (48 CFR Chapter 1) Clause 52.216-7 (d)(2), Allowable Cost and Payment incorporated by reference in this contract in PART II, SECTION I, the cognizant Contracting Officer representative responsible for negotiating provisional and/or final indirect cost rates is identified as follows:
Director, Division of Financial Advisory Services Office of Acquisition Management and Policy National Institutes of Health
6011 EXECUTIVE BLVD, ROOM 549C, MSC-7663
BETHESDA MD 20892-7663
These rates are hereby incorporated without further action of the Contracting Officer.
ARTICLE G.5. 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://rcb.cancer.gov/rcb-internet/reference/Appendix Q_HHS Contracting Guide.pdf.
http://rcb.cancer.gov/rcb-internet/reference/Appendix%20Q_HHS%20Contracting%20Guide.pdf
- 14 -
ARTICLE G.6. POST AWARD EVALUATION OF CONTRACTOR PERFORMANCE
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 on to be specified ater award.
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.csd.disa.mil
SECTION H - SPECIAL CONTRACT REQUIREMENTS
ARTICLE H.1. HUMAN SUBJECTS
It is hereby understood and agreed that research involving human subjects shall not be conducted under this contract, and that no material developed, modified, or delivered by or to the Government under this contract, or any subsequent modification of such material, will be used by the Contractor or made available by the Contractor for use by anyone other than the Government, for experimental or therapeutic use involving humans without the prior written approval of the Contracting Officer.
ARTICLE H.2. NIH POLICY ON ENHANCING PUBLIC ACCESS TO ARCHIVED
PUBLICATIONS RESULTING FROM NIH-FUNDED RESEARCH
NIH-funded investigators shall submit to the NIH National Library of Medicine's (NLM) PubMed Central (PMC) an electronic version of the author's final manuscript, upon acceptance for publication, resulting from research supported in whole or in part with direct costs from NIH. NIH defines the author's final manuscript as the final version accepted for journal publication, and includes all modifications from the publishing peer review process. The PMC archive will preserve permanently these manuscripts for use by the public, health care providers, educators, scientists, and NIH.
The Policy directs electronic submissions to the NIH/NLM/PMC: http://www.pubmedcentral.nih.gov.
Additional information is available at http://grants.nih.gov/grants/guide/notice-files/NOT-OD-08-033.html.
ARTICLE H.3. 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.4. 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 http://www.cpars.csd.disa.mil http://www.pubmedcentral.nih.gov http://grants.nih.gov/grants/guide/notice-files/NOT-OD-08-033.html
- 15 -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.5. PRESS RELEASES
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.6. DISSEMINATION OF FALSE OR DELIBERATELY MISLEADING SCIENTIFIC
INFORMATION
The Contractor shall not use contract funds to disseminate scientific information that is deliberately false or misleading.
ARTICLE H.7. RESTRICTION ON EMPLOYMENT OF UNAUTHORIZED ALIEN WORKERS
The Contractor shall not use contract funds to employ workers described in section 274A(h)(3) of the Immigration and Nationality Act, which reads as follows:
"(3) Definition of unauthorized alien. - As used in this section, the term 'unauthorized alien' means, with respect to the employment of an alien at a particular time, that the alien is not at that time either (A) an alien lawfully admitted for permanent residence, or (B) authorized to be so employed by this Act or by the Attorney General."
ARTICLE H.8. OPTION PROVISION
Unless the Government exercises its option pursuant to the Option Clause set forth in ARTICLE I.3., the contract will consist only of the Base Portion of the Statement of Work as defined in Sections C and F of the contract. Pursuant to FAR Clause 52.217-8, Option to Extend Services set forth in ARTICLE I.3. of this contract, the Government may, by unilateral contract modification, require the Contractor to perform additional options set forth in the Statement of Work and also defined in Sections C and F of the contract. If the Government exercises this option, notice must be given at least 60 days prior to the expiration date of this contract, and the Use for Cost-Reimbursement Contracts:
estimated cost (plus fixed fee) of the contract will be increased as set forth in the ESTIMATED COST PLUS FIXED FEE Article in SECTION B of this contract.
ARTICLE H.9. INFORMATION AND PHYSICAL ACCESS SECURITY
A. HHS-Controlled Facilities and Information Systems Security
a. 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).
b. 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:
- 16 -
1. HHS Information Security Program Policy ( http://www.hhs.gov/read/irmpolicy/121504.html)
2. HHS Office of Security and Drug Testing, Personnel Security/Suitability Handbook, dated February 1, 2005 ( http://www.hhs.gov/ohr/manual/pssh.pdf)
3. HHS HSPD-12 Policy Document, v. 2.0 ( http://www.whitehouse.gov/sites/default/files/omb/assets/ omb/memoranda/fy2005/m05-24.pdf)
4. Information regarding background checks/badges ( http://idbadge.nih.gov/background/index.asp)
c. Position Sensitivity Levels:
This contract will entail the following position sensitivity levels:
[ ] Level 6: Public Trust - High Risk. Contractor/subcontractor employees assigned to Level 6 positions shall undergo a Suitability Determination and Background Investigation (MBI).
[ ] 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).
[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).
d. The personnel investigation procedures for Contractor personnel require that 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.
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 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 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.
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.
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.
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.
Contractors may begin work after the fingerprint check has been completed.
e. 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.
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 http://ocio.nih.gov/docs/public/Suitability-roster.xls http://ocio.nih.gov/docs/public/Suitability-roster.xls
- 17 -
f. 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 that the cost of the additional investigation(s).
g. 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).
h. The Contractor shall direct inquiries, including requests for forms and assistance, to the Contracting Officer or designee.
i. 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.
B. Standard for Security Configurations, HHSAR 352.239-70, (January 2010)
a. The Contractor shall configure its computers that contain HHS data with the applicable Federal Desktop Core Configuration (FDCC) (see http://nvd.nist.gov/fdcc/index.cfm) and ensure that its computers have and maintain the latest operating system patch level and anti-virus software level.
Note: FDCC is applicable to all computing systems using Windows XPTM and Windows VistaTM, including desktops and laptops - regardless of function - but not including servers.
b. The Contractor shall apply approved security configurations to information technology (IT) that is used to process information on behalf of HHS. The following security configuration requirements apply:
FDCC
c. The Contractor shall ensure IT applications operated on behalf of HHS are fully functional and operate correctly on systems configured in accordance with the above configuration requirements. The Contractor shall use Security Content Automation Protocol (SCAP)-validated tools with FDCC Scanner capability to ensure its products operate correctly with FDCC configurations and do not alter FDCC settings - see http://nvd.nist.gov/validation.cfm. The Contractor shall test applicable product versions with all relevant and current updates and patches installed. The Contractor shall ensure currently supported versions of information technology products met the latest FDCC major version and subsequent major versions.
d. The Contractor shall ensure IT applications designed for end users run in the standard user context without requiring elevated administrative privileges.
e. The Contractor shall ensure hardware and software installation, operation, maintenance, update, and patching will not alter the configuration settings or requirements specified above.
f. The Contractor shall (1) include Federal Information Processing Standard (FIPS) 201-compliant ( http:// csrc.nist.gov/publications/fips/fips201-1/FIPS-201-1-chng1.pdf), Homeland Security Presidential Directive 12 (HSPD-12) card readers with the purchase of servers, desktops, and laptops; and (2) comply with FAR Subpart 4.13, Personal Identity Verification.
g. The Contractor shall ensure that its subcontractors (at all tiers) which perform work under this contract comply with the requirements contained in this clause.
http://nvd.nist.gov/fdcc/index.cfm http://nvd.nist.gov/validation.cfm http://csrc.nist.gov/publications/fips/fips201-1/FIPS-201-1-chng1.pdf http://csrc.nist.gov/publications/fips/fips201-1/FIPS-201-1-chng1.pdf
- 18 -
C. Security Requirements For Federal Information Technology Resources, HHSAR 352.239-72, (January 2010)
a. Applicability. This clause applies whether the entire contract or order (hereafter "contract"), or portion thereof, includes information technology resources or services in which the Contractor has physical or logical (electronic) access to, or operates a Department of Health and Human Services (HHS) system containing, information that directly supports HHS' mission. The term "information technology (IT)", as used in this clause, includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services) and related resources. This clause does not apply to national security systems as defined in FISMA.
b. Contractor responsibilities. The Contractor is responsible for the following:
1. Protecting Federal information and Federal information systems in order to ensure their -
a. Integrity, which means guarding against improper information modification or destruction, and includes ensuring information non-repudiation and authenticity;
b. Confidentiality, which means preserving authorized restrictions on access and disclosure, including means for protecting personal privacy and proprietary information; and
c. Availability, which means ensuring timely and reliable access to and use of information.
2. Providing security of any Contractor systems, and information contained therein, connected to an HHS network or operated by the Contractor, regardless of location, on behalf of HHS.
3. Adopting, and implementing, at a minimum, the policies, procedures, controls and standards of the HHS Information Security Program to ensure the integrity, confidentiality, and availability of Federal information and Federal information systems for which the Contractor is responsible under this contract or to which it may otherwise have access under this contract. The HHS Information Security Program is outlined in the HHS Information Security Program Policy, which is available on the HHS Office of the Chief Information Officer's (OCIO) Web site.
c. Contractor security deliverables. In accordance with the timeframes specified, the Contractor shall prepare and submit the following security documents to the Contracting Officer for review, comment, and acceptance:
1. IT Security Plan (IT-SP) - due within 30 days after contract award. The IT-SP shall be consistent with, and further detail the approach to, 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, the Contractor shall specify those parts of the contract to which the IT-SP applies.
a. The Contractor's IT-SP shall comply with applicable Federal laws that include, but are not limited to, the Federal Information Security Management Act (FISMA) of 2002 (Title III of the E- Government Act of 2002, Public Law 107-347), and the following Federal and HHS policies and procedures:
i. Office of Management and Budget (OMB) Circular A-130, Management of Federal Information Resources, Appendix III, Security of Federal Automation Information Resources.
ii. National Institutes of Standards and Technology (NIST) Special Publication (SP) 800-18, Guide for Developing Security Plans for Information Systems, in form and content, and with any pertinent contract Statement of Work/Performance Work Statement (SOW/ PWS) requirements. The IT-SP shall identify and document appropriate IT security controls consistent with the sensitivity of the information and the requirements of Federal
- 19 -
Information Processing Standard (FIPS) 200, Recommend Security Controls for Federal Information Systems. The Contractor shall review and update the IT-SP in accordance with NIST SP 800-26, Security Self-Assessment Guide for Information Technology Systems and FIPS 200, on an annual basis.
iii. HHS-OCIO Information Systems Security and Privacy Policy.
2. IT Risk Assessment (IT-RA) - due within 30 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.
This is the start of the file's text. The full file is on GovTribe.
File details come from the government source that posted it. Updated .