RFP_Medical_Support_Assistants_NIH-CC-18-007046_REV1.pdf

RFP Number : NIH-CC-18-007046

- 1 -

RFP TABLE OF CONTENTS

NOTICE TO OFFERORS

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

SECTION D - PACKAGING, MARKING AND SHIPPING

SECTION E - INSPECTION AND ACCEPTANCE

SECTION F - DELIVERIES OR PERFORMANCE

SECTION G - CONTRACT ADMINISTRATION DATA

SECTION H - SPECIAL CONTRACT REQUIREMENTS

PART II - CONTRACT CLAUSES

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS

SOLICITATION ATTACHMENTS

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

a. NOTICE OF 8(a) COMPETITIVE SET-ASIDE

b. NAICS CODE AND SIZE STANDARD

c. COMMUNICATIONS PRIOR TO CONTRACT AWARD

d. RELEASE OF INFORMATION

e. PREPARATION COSTS

f. SERVICE OF PROTEST

2. INSTRUCTIONS TO OFFERORS

a. GENERAL INSTRUCTIONS

1. Contract Type and General Clauses

2. Authorized Official and Submission of Proposal

3. Separation of Technical and Business Proposals

4. Evaluation of Proposals

5. Privacy Act - Treatment of Proposal Information

6. Solicitation Provisions Incorporated by Reference

b. TECHNICAL PROPOSAL INSTRUCTIONS

c. BUSINESS PROPOSAL INSTRUCTIONS

SECTION M - EVALUATION FACTORS FOR AWARD

1. EVALUATION OF OPTIONS

- 2 -

NOTICE TO OFFERORS

This solicitation is being processed under a Partnership Agreement (PA) between the Department of Health and Human Services (HHS) and the Small Business Administration (SBA), under which the SBA has delegated to HHS, authority to enter into 8(a) contracts directly with eligible 8(a) firms. The PA implements innovative and effective methodology designed to streamline the acquisition process for awards under the 8(a) program. The National Institutes of Health is a designated pilot agency under the PA.

Any solicitation and subsequent awards processed under the referenced PA, National Institutes of Health will make the award directly to the 8(a) firm. SBA will not be a signatory to the award resulting from this solicitation. SBA will, however, retain responsibility for 8(a) certification, administer other eligibility related issues under the 8(a) program, and be available to 8(a) firms for counseling and assistance.

If you have any questions pertaining to this PA, please contact Susan A. Nsangou, Contracting Officer .

HHS/SBA PA (OCTOBER 23, 2012 until amended)

Servicing Small Business Administration Field Office

To facilitate communications, it is requested that the 8(a) participant submitting this offer/bid provide the following information regarding the firm's cognizant servicing Small Business Administration (SBA) office.

Servicing SBA Office District of Columbia

Address 409 3rd Street, NW

Washington, DC 20416

Cognizant SBA Business Opportunity Specialist's Name Alisa Sheard

Phone 202-205-6600

- 3 -

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.

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

ARTICLE B.1. BRIEF DESCRIPTION OF SUPPLIES OR SERVICES

This contract is to provide on a long-term (not temporary) basis administrative medical support services at the NIH Clinical Center. The potential Contractor(s) for this acquisition will be required to provide administrative support personnel over the life of the proposed contract (one (1) base year and four (4) one-year option periods.) Services required will be performed in a clinical research hospital setting.

ARTICLE B.2. OPTION PRICES

a. Unless the Government exercises its option pursuant to the option clause referenced in ARTICLE I.3.

ADDITIONAL CONTRACT CLAUSES, this contract consists only of the Base Period specified in the Statement of Work as defined in SECTIONS C and F, for the price set forth in ARTICLE B.2. of this contract.

b. The following pricing table contains the Fully Loaded Fixed Hourly Rates for a base year and up to four one-year option period(s.) It is required that the option periods shall include annual escalation rates according to the Department of Labor Commerce Price Index (CPI) projections.

c. Pursuant to FAR Clause 52.217-9 set forth in ARTICLE I.3. ADDITIONAL CONTRACT CLAUSES of this contract, the Government may, by unilateral contract modification, require the Contractor to perform the Option Period(s) specified in the Statement of Work as defined in SECTIONS C and F of this contract. If the Government exercises this/these option(s), notice must be given before the expiration date of the contract.

Specific information regarding the time frame for this notice is set forth in the OPTION PROVISION Article in SECTION H of this contract. The fixed price of this contract will be increased as set forth in paragraph c., below.

d. Upon the delivery and acceptance of the Option Servicesdescribed in SECTION C of the contract and identified in the schedule of charges below, the Government shall pay the Contractor the unit price(s) set forth below:

Option Period Description of Option Service(s)

Minimum & Maximum

Hourly Price Overtime Price Total Price of Option

1 Medical Support Assistants

1 - 50

1a Program Manager

- 4 -

Option Period Description of Option Service(s)

Minimum & Maximum

Hourly Price Overtime Price Total Price of Option

2 Medical Support Assistants

1 - 50

2a Program Manager

3 Medical Support Assistants

1 - 50

3a Program Manager

4 Medical Support Assistants

1 - 50

4a Program Manager

- 5 -

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

ARTICLE C.1. WORKSTATEMENT

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 Statement of Work, dated July 16, 2018, attached hereto and made a part of this Solicitation (See SECTION J - List of Attachments).

a. The contract scope is long-term medical support assistants to fill some of the needs of the positions that become vacant through FTE attrition and are deemed not inherently governmental.

1. The Contractor shall provide English-speaking, skilled personnel with the capabilities necessary to successfully meet government requirements. This includes supervision/management staff as well as medical support assistants. Required skill categories are defined in terms of typical duties and performance level standards.

2. The Contractor shall provide skill levels and labor mix appropriate for the task(s) to be performed.

3. The Contractor and Contractor employees shall conduct only business covered by this contract during periods paid for by the Government and shall not conduct any other business on government premises.

4. All Contractor personnel shall be eligible to legally work in the United States.

5. Contractor personnel are expected to pass a minimum background investigation and conduct themselves in a professional and courteous manner at all times. Federal regulations prohibit the use of any controlled substances and alcoholic beverages while Contractor employees are working on Federal property or in Federal installations. Contractor personnel shall be made aware of these requirements prior to placement. Inappropriate conduct and/or substance abuse will not be tolerated. The Contractor will be responsible for removing any individual violating these provisions from the government facility and taking other actions as appropriate. A security violation will require immediate removal.

6. To provide continuity of service, Contractors are required to provide a qualified replacement medical support assistants of equal level on-site within 1 (1) business day after the removal of the original employee.

7. If the Contractor personnel must speak and read in a language in addition to English, or have other required skills, the Government will state those requirements.

8. Contractors shall not receive a "finder's fee" or other payment from the Government if a contractor employee is hired by the Government as a full-time or part-time position.

b. Supervision This contract may not be used to provide personal services. Government personnel may not perform any supervisory functions for Contractor personnel. Under the contract, all individual contractor employee assignments and daily work direction shall be given by the applicable contractor employee supervisor. Notwithstanding any other provision of this contract, the Contractor shall at all times be responsible for the supervision of its employees in the performance of the services required.

If the Contractor believes any government action or communication has been given that would create a personal services relationship between the Government and any contractor employee, the Contractor shallc. Recruitment and Retention

c. The Contractor shall employ hiring and retention practices that allow the Contractor to identify, screen,

- 6 -place, monitor, train, and retain qualified candidates to fulfill service requirements under this contract.

Contractors shall propose personnel that are capable of passing a minimum background investigation.

d. Training

The Contractor, at its own expense, shall perform training, except:

1. The Government will provide orientation and training on NIH-specific systems particular to the work to be performed by the Contractor. Time spent by contractor employees on Government/NIH specific training will be billable.

2. Limited training of Contractor employees may be authorized; as an example, when the client agency changes software systems during the performance of an ongoing task and it is determined to be in the best interest of the Government to retain a Contractor employee for corporate experience and familiarity with the project in progress.

3. The Government will not authorize training for Contractor employees to attend seminars, symposiums, or user group conferences unless required for the performance, and such training is approved in advance by the Contracting Officer's Representative.

4. When the Government has given prior approval for training to meet special requirements that are peculiar to a particular task, the Government will reimburse the Contractor for tuition, travel, and per diem as required, as well as for labor hours at the rate designated for the particular skill level.

5. Training at government expense shall not be authorized for replacement personnel for the sole purpose of keeping Contractor employees abreast of advances in the state-of-the-art technology or for training Contractor employees on equipment, computer languages, and computer operating systems for which training is available on the commercial market.

e. Access to Federal Government Installation

Access to the worksite will be not be limited. All contractor staff will be provided NIH Badges.

f. Hours of Operation - 24/7/365 HOSPITAL SETTING

Contractor work hours will not be limited. The services under the Work Statement are considered "mission critical" which requires staff attendance at all times - INCLUDING - holidays, nights, weekends, inclement weather and government closures due to work stoppage or Executive Orders. The COR will establish the staffing levels during times of inclement weather or government closures.

The employee's work schedule shall allow for the 10 Federal Holidays listed below.

ï'· New Year's Day (January 1) ï'· Martin Luther King, Jr.'s, Birthday (Third Monday in January) ï'· Presidents' Day (Third Monday in February) ï'· Memorial Day (Last Monday in May) ï'· Independence Day (July 4) ï'· Labor Day (First Monday in September) ï'· Columbus Day (Second Monday in October) ï'· Veterans Day (November 11) ï'· Thanksgiving Day (Fourth Thursday in November) ï'· Christmas Day (December 25)

If the holiday falls on a Saturday, the preceding Friday is the holiday. If the holiday falls on a Sunday, the following Monday is the holiday. When Inauguration Day falls within the regularly scheduled tour of duty of an employee in the Metropolitan Washington, DC area, it is observed as a holiday. In the instance of unscheduled facility closing due to snow or other inclement weather, presidential order, or other reason determined by the Office of Personnel Management, the Government shall not pay the

- 7 -

Contractor for services not rendered. It shall be the Contractor's responsibility to determine how its employees are compensated for the day.

f. Workload Management

The Contractor shall implement management systems and controls for recording and monitoring workloads for all administrative tasks. Records of time spent shall be made available to the Government if requested. promptly notify the Contracting Officer.

g.Personnel Requirements

The Contractor shall provide personnel with the necessary skills and level of expertise required to support the tasks to be performed under the SOW.

1. Key Personnel This contract requires at least one Program Manager to be considered Key Personnel.

The Key Personnel qualifications listed below are a requirement for contract award. Failure to provide a proposal that offers key personnel with these qualifications will render the proposal unacceptable and ineligible for award.

Labor Category: Program Manager - Full-time Onsite at the NIH Clinical Center

The Program Manager will be responsible for the overall performance objectives, contract deliverables, quality control (QC), and the placement of qualified personnel on this contract. The Program Manager will serve as the Contractor's authorized point of contact with NIH and shall ensure contract compliance and satisfactory performance. This person requires a college degree and at least five (5) years of relevant experience or a high school diploma and ten (10) years of relevant experience. Relevant experience required for this position involves program management performing tasks such as staffing, budgeting, scheduling, and client interaction.

Experience in a hospital or healthcare environment or a Federal agency is preferred.

2. Non-Key Personnel

While not considered "Key Personnel" for the evaluation of proposals, the evaluation of the actual performance of the contract will depend greatly on the administrative support personnel provided by the successful Contractor. A brief description, including skill requirement, is given below.

Labor Category: Medical Support Assistant

At a minimum the Clerk 1 duties includes following a few clearly detailed procedures in performing simple repetitive tasks in the same sequence, such as aide in laboratory/clinical center, filing precoded documents in a chronological file or operating office equipment, e.g., scanner, photocopier, or printer. A minimum of high school diploma or GED is required.

3. Contractor and subcontractors should not include or use non-compete provisions with respect to the performance of Government service contracts in their employment, consultant, or third party contract agreements (hereafter agreements) with their staff which are effective beyond the period of contract performance, base period and exercised option periods included. Non-compete provisions should not prevent staff from being interviewed, employed, or accepting offers of employment or making other arrangements with potential competitors for follow-on contracts. Additionally, non-compete provisions should not prevent staff from accepting offers of employment or making other arrangements with any contractors who provide services to the Government, or from accepting offers of employment with the US Government, following the period of contract performance.

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

- 8 -

ARTICLE C.2. REPORTING REQUIREMENTS

All reports required herein shall be submitted in electronic format.

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

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

The Contractor is responsible for the following reports:

a. Monthly Program Status Report

This report shall include descriptive information about the activities undertaken during the reporting period and planned activities for future reporting periods.

Monthly reports are due by the 10th calendar day of each month following the month reported upon. A monthly Report shall not be submitted when an Annual Report is due.

As a minimum the report shall include Contractor Name, Period covered by report, period of performance, hours expended (including regular, overtime, absences - planned and unplanned, staff replacements, and total of all the types of hours.) In addition, specific information on the monthly report will include:

Complaint/Event Report - Outcome

Status Report - number of resumes, selections and terminations per month

Immediate Report of Possible TB Transmission

Planned and Unplanned Leave Report for each Contractor (include contactor name, date, hours, planned or unplanned leave, and total of each type for the month)

Overtime Report by Contractor (include contractor name, date, overtime hours, cost, and monthly total.)

b. Annual Progress Report

This report shall include a summation of the activities for the entire work for the period covered. The first report shall be due after the Anniversary Date of the contract. Thereafter, reports shall be due on or before the 30th calendar day following the reporting period.

The annual report will include the Infection Disease Compliance Report.

An annual report will not be required for the period when the Final Report is due.

c. Final Report

The contractor shall prepare and submit a final report upon completion of the contract summarizing the achievements during the performance of the contract. This report is required on or before the expiration date of the contract.

a. Other Reports/Deliverables

HHS SECURITY AND PRIVACY LANGUAGE FOR INFORMATION AND IT PROCUREMENTS

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

- 9 -

INFORMATION AND/OR PHYSICAL SECURITY

A. Security Assessment and Authorization (SA&A)- A valid authority to operate (ATO) certifies that the Contractor's information system meets the contract's requirements to protect the agency data. If the system under this contract does not have a valid ATO, the Contractor (and/or any subcontractor) shall work with the agency and supply the deliverables required to complete the ATO within the specified timeline(s) within three

(3) months after contract award. The Contractor shall conduct the SA&A requirements in accordance with HHS IS2P, NIST SP 800-37, Guide for Applying the Risk Management Framework to Federal Information Systems: A Security Life Cycle Approach (latest revision).

For an existing ATO, Contracting Officer Representative must make a determination if the existing ATO provides appropriate safeguards or if an additional ATO is required for the performance of the contract and state as such.

NIH acceptance of the ATO does not alleviate the Contractor's responsibility to ensure the system security and privacy controls are implemented and operating effectively.

B. SA&A Package Deliverables - The Contractor (and/or any subcontractor) shall provide an SA&A package within 30 days of contract award to the CO and/or COR. The following SA&A deliverables are required to complete the SA&A package.

• System Security Plan (SSP) - due within 30 days after contract award. The SSP shall comply with the NIST SP 800-18, Guide for Developing Security Plans for Federal Information Systems, the Federal Information Processing Standard (FIPS) 200, Recommended Security Controls for Federal Information Systems, and NIST SP 800-53, Security and Privacy Controls for Federal Information Systems and Organizations applicable baseline requirements, and other applicable NIST guidance as well as HHS and NIH policies and other guidance. The SSP shall be consistent with and detail the approach to IT security contained in the Contractor's bid or proposal that resulted in the award of this contract.

The SSP shall provide an overview of the system environment and security requirements to protect the information system as well as describe all applicable security controls in place or planned for meeting those requirements. It should provide a structured process for planning adequate, cost-effective security protection for a system. The Contractor shall update the SSP at least annually thereafter.

• Security Assessment Plan/Report (SAP/SAR) - due 30 days after the contract award. The security assessment shall be conducted by the assessor and be consistent with NIST SP 800-53A, NIST SP 800-30, and HHS and NIH policies. The assessor will document the assessment results in the SAR.

The NIH should determine which security control baseline applies and then make a determination on the appropriateness/necessity of obtaining an independent assessment. Assessments of controls can be performed by contractor, government, or third parties, with third party verification considered the strongest. If independent assessment is required, include statement below.

Thereafter, the Contractor, in coordination with the NIH shall conduct/assist in the assessment of the security controls and update the SAR at least annually.

• Independent Assessment - due 90 days after the contract award. The Contractor (and/or subcontractor) shall have an independent third-party validate the security and privacy controls in place for the system(s). The independent third party shall review and analyze the Security Authorization package, and report on technical, operational, and management level deficiencies as outlined in NIST SP 800-53. The Contractor shall address all "high" deficiencies before submitting the package to the Government for acceptance. All remaining deficiencies must be documented in a system Plan of Actions and Milestones (POA&M).

• POA&M - due 30 days after contract award. The POA&M shall be documented consistent with the HHS Standard for Plan of Action and Milestones and NIH policies. All high-risk weaknesses must be mitigated within 30 days and all medium weaknesses must be mitigated within 60 days from the date the weaknesses are formally identified and documented. The NIH will determine the risk rating of vulnerabilities. Identified risks stemming from deficiencies related to the security control baseline implementation, assessment, continuous

- 10 -monitoring, vulnerability scanning, and other security reviews and sources, as documented in the SAR, shall be documented and tracked by the Contractor for mitigation in the POA&M document. Depending on the severity of the risks, NIH may require designated POAM weaknesses to be remediated before an ATO is issued.

Thereafter, the POA&M shall be updated at least quarterly.

C. Contingency Plan and Contingency Plan Test - due 60 days after contract award. The Contingency Plan must be developed in accordance with NIST SP 800-34, Contingency Planning Guide for Federal Information Systems, and be consistent with HHS and NIH policies. Upon acceptance by the System Owner, the Contractor, in coordination with the System Owner, shall test the Contingency Plan and prepare a Contingency Plan Test Report that includes the test results, lessons learned and any action items that need to be addressed.

Thereafter, the Contractor shall update and test the Contingency Plan at least annually.

• E-Authentication Questionnaire - The contractor (and/or any subcontractor) shall collaborate with government personnel to ensure that an E-Authentication Threshold Analysis (E-auth TA) is completed to determine if a full E-Authentication Risk Assessment (E-auth RA) is necessary. System documentation developed for a system using E-auth TA/E-auth RA methods shall follow OMB 04-04 and NIST SP 800-63, Rev. 2, Electronic Authentication Guidelines.

Based on the level of assurance determined by the E-Auth, the Contractor (and/or subcontractor) must ensure appropriate authentication to the system, including remote authentication, is in-place in accordance with the assurance level determined by the E-Auth (when required) in accordance with HHS policies.

D. POSITION SENSITIVITY DESIGNATIONS

All Contractor (and/or any subcontractor) employees must obtain a background investigation commensurate with their position sensitivity designation that complies with Parts 1400 and 731 of Title 5, Code of Federal Regulations (CFR). The following position sensitivity designation levels apply to this solicitation/contract:

[ ] 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).

1. HOMELAND SECURITY PRESIDENTIAL DIRECTIVE (HSPD)-12

Roster-

a. The Contractor (and/or any subcontractor) shall submit a roster by name, position, e-mail address, phone number and responsibility, of all staff working under this acquisition where the Contractor will develop, have the ability to access, or host and/or maintain a government information system(s). The roster shall be submitted to the COR and/or CO within fourteen (14) calendar days after the effective date of this contract. Any revisions to the roster as a result of staffing changes shall be submitted within seven (7) calendar days of the change.

The COR will notify the Contractor of the appropriate level of investigation required for each staff member. An electronic template, "Roster of Employees Requiring Suitability Investigations," is available for contractor use at:

https://ocio.nih.gov/aboutus/publicinfosecurity/acquisition/Documents/SuitabilityRoster_10-15-12.xlsx.

b. If the Contractor is filling a new position, the Contractor shall provide a position description and the Government will determine the appropriate suitability level. Upon receipt of the Government's notification of applicable https://ocio.nih.gov/aboutus/publicinfosecurity/acquisition/Documents/SuitabilityRoster_10-15-12.xlsx

- 11 -

Suitability Investigations required, the Contractor shall complete and submit the required forms within 30 days of the notification.

c. 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.

d. 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.

e. 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.

f. 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.

g. 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).

h. 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).

i. The Contractor shall direct inquiries, including requests for forms and assistance, to the Contracting Officer or designee.

j. 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.

E. CONTRACT INITIATION AND EXPIRATION

1. General Security Requirements- The Contractor (and/or any subcontractor) shall comply with information security and privacy requirements, Enterprise Performance Life Cycle (EPLC) processes, HHS Enterprise Architecture requirements to ensure information is appropriately protected from initiation to expiration of the contract. All information systems development or enhancement tasks supported by the contractor shall follow the HHS EPLC framework and methodology or and in accordance with the HHS Contract Closeout Guide (2012).

HHS EA requirements may be located here: https://www.hhs.gov/ocio/ea/documents/proplans.html

2. System Documentation- Contractors (and/or any subcontractors) must follow and adhere to NIST SP 800-64, Security Considerations in the System Development Life Cycle, at a minimum, for system development and provide system documentation at designated intervals (specifically, at the expiration of the contract) within the EPLC that require artifact review and approval.

3. Sanitization of Government Files and Information- As part of contract closeout and at expiration of the contract, the Contractor (and/or any subcontractor) shall provide all required documentation in accordance with the NIH Media Sanitization and Disposal Policy to the CO and/or COR to certify that, at the government's direction, all electronic and paper records are appropriately disposed of and all devices and media are sanitized in accordance with NIST SP 800-88, Guidelines for Media Sanitization.

https://www.hhs.gov/ocio/ea/documents/proplans.html

- 12 -

4. Notification- The Contractor (and/or any subcontractor) shall notify the CO and/or COR and system ISSO within fifteen days before an employee stops working under this contract.

5. Contractor Responsibilities Upon Physical Completion of the Contract- The contractor (and/or any subcontractors) shall return all government information and IT resources (i.e., government information in non-government-owned systems, media, and backup systems) acquired during the term of this contract to the CO and/or COR. Additionally, the Contractor shall provide a certification that all government information has been properly sanitized and purged from Contractor-owned systems, including backup systems and media used during contract performance, in accordance with HHS and/or NIH policies.

6. The Contractor (and/or any subcontractor) shall perform and document the actions identified in the NIH Contractor Employee Separation Checklist https://ocio.nih.gov/aboutus/publicinfosecurity/acquisition/Documents/ Emp-sep-checklist.pdf when an employee terminates work under this contract within 2 days of the employee's exit from the contract. All documentation shall be made available to the CO and/or COR upon request.

F. Contractor Non-Disclosure Agreement (NDA)- Each Contractor (and/or any subcontractor) employee having access to non-public government information under this contract shall complete the NIH non-disclosure agreement https://ocio.nih.gov/aboutus/publicinfosecurity/acquisition/Documents/Nondisclosure.pdf , as applicable. A copy of each signed and witnessed NDA shall be submitted to the Contracting Officer (CO) and/or CO Representative (COR) prior to performing any work under this acquisition.

G. 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 a separate cover on monthly basis.

H. Government Access for Security Assessment. In addition to the Inspection Clause in the contract, the Contractor (and/or any subcontractor) shall afford the Government access to the Contractor's facilities, installations, operations, documentation, information systems, and personnel used in performance of this contract to the extent required to carry out a program of security assessment (to include vulnerability testing), investigation, and audit to safeguard against threats and hazards to the confidentiality, integrity, and availability of federal data or to the protection of information systems operated on behalf of HHS, including but are not limited to:

a. At any tier handling or accessing information, consent to and allow the Government, or an independent third party working at the Government's direction, without notice at any time during a weekday during regular business hours contractor local time, to access contractor and subcontractor installations, facilities, infrastructure, data centers, equipment (including but not limited to all servers, computing devices, and portable media), operations, documentation (whether in electronic, paper, or other forms), databases, and personnel which are used in performance of the contract.

The Government includes but is not limited to the U.S. Department of Justice, U.S. Government Accountability Office, and the HHS Office of the Inspector General (OIG). The purpose of the access is to facilitate performance inspections and reviews, security and compliance audits, and law enforcement investigations. For security audits, the audit may include but not be limited to such items as buffer overflows, open ports, unnecessary services, lack of user input filtering, cross site scripting vulnerabilities, SQL injection vulnerabilities, and any other known vulnerabilities.

b. At any tier handling or accessing protected information, fully cooperate with all audits, inspections, investigations, forensic analysis, or other reviews or requirements needed to carry out requirements presented in applicable law or policy. Beyond providing access, full cooperation also includes, but is not limited to, disclosure to investigators of information sufficient to identify the nature and extent of any criminal or fraudulent activity and the individuals responsible for that activity. It includes timely and complete production of requested data, metadata, information, and records relevant to any inspection, audit, investigation, or review, and making employees of the contractor available for interview by inspectors, auditors, and investigators upon request. Full cooperation also includes allowing the Government to make reproductions or copies of information and equipment, including, if necessary, collecting a machine or system image capture.

- 13 -

c. Segregate Government protected information and metadata on the handling of Government protected information from other information. Commingling of information is prohibited. Inspectors, auditors, and investigators will not be precluded from having access to the sought information if sought information is commingled with other information.

d. Cooperate with inspections, audits, investigations, and reviews.

- 14 -

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.

- 15 -

SECTION E - INSPECTION AND ACCEPTANCE

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

b. For the purpose of this SECTION, To be determined at award is the authorized representative of the Contracting Officer.

c. Inspection and acceptance will be performed at:

NIH Clinical Center 9000 Rockville Pike Building 10 Bethesda, MD 20892

The Government reserves the right to an Inspection period of 10calendar days. The receiving report, completed and signed by the appropriate official, constitutes acceptance and shall be acknowledged to the payment office

(OFM).

Invoices are due by the 10th of each calendar month.

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

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

- 16 -

SECTION F - DELIVERIES OR PERFORMANCE

ARTICLE F.1. PERIOD OF PERFORMANCE

a. The period of performance of this contract shall be from October 1, 2018 through September 30, 2019.

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:

Option Option Period

October 1, 2019 - September 30, 2020

October 1, 2020 - September 30, 2021 3 October 1, 2021 - September 30, 2022 4 October 1, 2022 - September 30, 2023

ARTICLE F.2. DELIVERIES

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

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

Item Description Quantity Delivery Schedule

(1) Invoice 1 10th of each calendar month

(2) Monthly Report 1 10th of each calendar month

(3) Annual Report 1 Anniversary date of the

Contract

(4) Final Report 1 Expiration date of the contract

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

Addressee Deliverable Item No Quantity

COR

CO

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: https://www.acquisition.gov/?q=browsefar.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSE:

52.242-15, Stop Work Order (August 1989) https://www.acquisition.gov/?q=browsefar

- 17 -

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

52.242-17, Government Delay of Work (April 1984).

- 18 -

SECTION G - CONTRACT ADMINISTRATION DATA

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

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

To be 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; (5) otherwise change any terms and conditions of this contract; or (6) sign written licensing agreements. Any signed agreement shall be incorporated by reference in Section K of the contract

The Government may unilaterally change its COR designation.

ARTICLE G.2. KEY PERSONNEL, HHSAR 352.237-75 (December 2015)

The key personnel specified in this contract are considered to be essential to work performance. At least 30 days prior to the contractor voluntarily diverting any of the specified individuals to other programs or contracts the Contractor shall notify the Contracting Officer and shall submit a justification for the diversion or replacement and a request to replace the individual. The request must identify the proposed replacement and provide an explanation of how the replacement's skills, experience, and credentials meet or exceed the requirements of the contract (including, when applicable, Human Subjects Testing requirements). If the employee of the contractor is terminated for cause or separates from the contractor voluntarily with less than thirty days notice, the Contractor shall provide the maximum notice practicable under the circumstances. The Contractor shall not divert, replace, or announce any such change to key personnel without the written consent of the Contracting Officer. The contract will be modified to add or delete key personnel as necessary to reflect the agreement of the parties.

(End of Clause)

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

Name Title

To be determined at award Program Manager

ARTICLE G.3. INVOICE SUBMISSION

- 19 -

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. One copy of the invoice shall be submitted to the COR :

c. One copy of the invoice to be sent to the approving official.

Contracting Officer Office of Acquisitions

Room

MSC

d. Specific Invoice Instructions: Timecards are due to the Program Manager on the Thursday of the pay period (2 weeks.) Late submissions of timecards will delay the monthly invoices and subsequent payment.

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

ARTICLE G.4. 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://oamp.od.nih.gov/sites/default/ files/appendix_q_hhs_contracting_guide.pdf.

Any equipment, property, or facilities furnished by the government or any contractor-acquired property must be specified in the contract. Contracting Officers are responsible to ensure that the contract consistent with the policies and procedures of FAR Part 45 for providing government property to contractors, contractors' use and management of government property, and reporting, redistributing, and disposing of contractor inventory. Contractors are responsible and liable for government property in their possession pursuant to FAR 52.245-1 and 52.245-2, as applicable. In the case that the Government-Furnished Equipment (GFE) or Government-Furnished Information (GFI) are not provided to the contractor by the specified date, the contractor will immediately notify the Contracting Officer.

Upon conclusion of the contract, the contractor shall return the GFE or GFI to the government as specified in the task order or as directed in writing by the Contracting Officer.

The services of the Medical Support Assistants are provided on site at the NIH Clinical Center. The Goverment will provide office space, computers, desks, chairs and general office supplies.

ARTICLE G.5. POST AWARD EVALUATION OF CONTRACTOR PERFORMANCE

a. Contractor Performance Evaluations http://oamp.od.nih.gov/sites/default/files/appendix_q_hhs_contracting_guide.pdf http://oamp.od.nih.gov/sites/default/files/appendix_q_hhs_contracting_guide.pdf

- 20 -

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

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

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

b. Electronic Access to Contractor Performance Evaluations

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

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

- 21 -

SECTION H - SPECIAL CONTRACT REQUIREMENTS

It is anticipated that one award will be made from this solicitation and that the award will be made/on or about October 1, 2018.

It is anticipated that the award from this solicitation will be firm fixed-price.

The contractor will not use contract funds to employ workers described in Section 274A (h) (3) of the Immigration and Nationality Act.

Personal services are not authorized under this contract. No contractor employee will be directly supervised by the government. All individual contractor employee assignments and daily work direction shall be given by contractor program manager/deputy program manager. If the contractor believes any government action or communication has been given that would create a personal services relationship between the government and any contractor employee, the contractor shall promptly notify the Contracting Officer, as appropriate, of this communication or action.

No contractor employee shall represent himself or herself as a government employee, agent, or representative. No contractor employee shall state orally or in writing at any time that he or she is acting on behalf of the government. In all communications with third parties in connection with this contract, contractor employees shall identify themselves as contractor employees and specify the name of the company for which they work. In all communications with other government contractors in connection with this contract, the contractor employee shall state that they have no authority to, in any way, change the contract, and that if other contractors believe this communication to be a direction to change their contract, they should notify the Contracting Officer and not carry out the direction until a clarification has been issued by the Contracting Officer

The contractor shall ensure that all of its employees working on this contract are informed of the substance of this clause.