NIHCL2017072.pdf

RFP Number : NIHCL2017072

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RFP TABLE OF CONTENTS

SECTION A - SOLICITATION/CONTRACT FORM

SECTION B - SUPPLIES AND PRICES

SECTION C - PERFORMANCE 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. PRE-PROPOSAL CONFERENCE

f. SOLICITATION INDUSTRY QUESTION & GOVERNMENT RESPONSE TO INDUSTRY QUESTION

PERIOD

g. COMMITMENT OF PUBLIC FUNDS

h. COMMUNICATIONS PRIOR TO CONTRACT AWARD

i. RELEASE OF INFORMATION

j. PREPARATION COSTS

k. SERVICE OF PROTEST

l. AVAILABILITY OF THE "FEDERAL ADP AND TELECOMMUNICATIONS STANDARDS INDEX."

2. INSTRUCTIONS TO OFFERORS

a. GENERAL FORMATTING 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

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9. Non-discrimination for Conscience, HHSAR Clause 352.270-9

10. Privacy Act - Treatment of Proposal Information

11. Selection of Offerors

12. Proposal Preparation

13. Past Performance Information

14. Pricing Data

15. Information and Physical Access Security

16. Solicitation Provisions Incorporated by Reference

b. GENERAL TECHNICAL PROPOSAL INSTRUCTIONS

1. Technical Discussions

2. Technical Evaluation

c. GENERAL BUSINESS PROPOSAL INSTRUCTIONS

1. Basic Cost/Price Information

SECTION M - EVALUATION FACTORS FOR AWARD

1. GENERAL

2. BUSINESS PROPOSAL EVALUATION

3. MANDATORY QUALIFICATION CRITERIA

4. EVALUATION OF OPTIONS

5. TECHNICAL EVALUATION FACTORS

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SECTION B - SUPPLIES AND PRICES

ARTICLE B.1. BRIEF DESCRIPTION OF SUPPLIES

A Nurse Call Communication System is required for routine communication between a patient and clinical staff and amongst clinical staff at the National Institutes of Health (NIH), Clinical Center (CC). As the primary concern is to facilitate improved communication with and about the patient, for the purposes of this procurement, the system will be referred to as the NIH CC Patient Call Communication System. An integrated NIH CC Patient Call Communication System is required to manage communications between patients and nurses and amongst the clinical staff in order to minimize response time to patient calls, increase staff effectiveness and ensure patient safety.

ARTICLE B.2. PRICES

a. This is an Indefinite Quantity contract as contemplated by FAR 16.504. The Contractor shall be reimbursed by the Government in an amount not less than a total of $100 (minimum) nor more than a total of $6,500,000 (maximum) for successful performance of this contract inclusive of the base period and all option periods.

b. The prices set forth in this ARTICLE will cover the base contract period through (12-months).

Should the Government exercise the following option periods in accordance with FAR Clause 52.217-9 (MAR 2000) -

The prices set forth in this ARTICLE will cover Option Period One (1) _____________ through _____________ (12-months).

The prices set forth in this ARTICLE will cover Option Period Two (2) _____________ through _____________ (12-months).

The prices set forth in this ARTICLE will cover Option Period Three (3) _____________ through _____________ (12-months).

The prices set forth in this ARTICLE will cover Option Period Four (4) _____________ through _____________ (12-months).

a. The Government will issue Delivery Orders based on the work described in SECTION C of this contract.

*Article B.2. will be completed in its entirety prior to award.*

ARTICLE B.3. 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 Performance Work Statement as defined in SECTIONS C and F, for the price set forth in ARTICLE B.2. of this contract.

b. Pursuant to FAR Clause 52.217-9 set forth, the Government may, by unilateral contract modification, require the Contractor to perform the Option Period(s) specified in the Performance Work Statement 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.

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FAR 52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within the current period of performance; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

(End of Clause)

ARTICLE B.4. ADVANCE UNDERSTANDINGS

Other provisions of this solicitation/contract notwithstanding, approval of the following items within the limits set forth is hereby granted without further authorization from the Contracting Officer.

1. Commencement, Prosecution, and Completion of Work:

The Contractor shall be required to

(a) commence work under this contract within [To be specified on an individual Delivery Order/ Task Order basis] calendar days after the date the Contractor receives the notice to proceed,

(b) prosecute the work diligently, and

(c) complete the entire work ready for use not later than [To be specified on an individual Delivery Order/ Task Order basis].* The time stated for completion shall include final cleanup of the premises.

*The Contracting Officer shall specify either a number of days after the date the contractor receives the notice to proceed, or a calendar date and shall be specified on an individual Delivery Order/ Task Order basis.

2. Differing Site Conditions:

(a) The Contractor shall promptly, and before the conditions are disturbed, give a written notice to the Contracting Officer or the duly authorized representative of --

(1) Subsurface or latent physical conditions at the site which differ materially from those indicated in this contract; or

(2) Unknown physical conditions at the site, of an unusual nature, which differ materially from those ordinarily encountered and generally recognized as inhering in work of the character provided for in the contract.

(b) The Contracting Officer or the duly authorized representative shall investigate the site conditions promptly after receiving the notice. If the conditions do materially so differ and cause an increase or decrease in the Contractor's cost of, or the time required for, performing any part of the work under this contract, whether or not changed as a result of the conditions, an equitable adjustment shall be made under this clause and the contract modified in writing accordingly.

(c) No request by the Contractor for an equitable adjustment to the contract under this clause shall be allowed, unless the Contractor has given the written notice required; provided, that the time prescribed in paragraph (a) of this clause for giving written notice may be extended by the Contracting Officer.

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(d) No request by the Contractor for an equitable adjustment to the contract for differing site conditions shall be allowed if made after final payment under this contract.

3. Site Investigation and Conditions Affecting the Work:

(a) The Contractor acknowledges that it has taken steps reasonably necessary to ascertain the nature and location of the work, and that it has investigated and satisfied itself as to the general and local conditions which can affect the work or its cost. The Contractor also acknowledges that it has satisfied itself as to the character, quality, and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including all exploratory work done by the Government, as well as from the drawings and specifications made a part of this contract. Any failure of the Contractor to take the actions described and acknowledged in this paragraph will not relieve the Contractor from responsibility for estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work without additional expense to the Government.

(b) The Government assumes no responsibility for any conclusions or interpretations made by the Contractor based on the information made available by the Government. Nor does the Government assume responsibility for any understanding reached or representation made concerning conditions which can affect the work by any of its officers or agents before the execution of this contract, unless that understanding or representation is expressly stated in this contract.

4. Cleaning Up:

The NIH CC is a functioning hospital and obstruction of hallways and patient areas must be avoided. The Contractor shall at all times keep the work area, including storage areas, free from accumulations of waste materials. Before completing the work, the Contractor shall remove from the work and premises any rubbish, tools, scaffolding, equipment, and materials that are not the property of the Government. Upon completing the work, the Contractor shall leave the work area in a clean, neat, and orderly condition satisfactory to the Contracting Officer or the duly authorized representative .

5. Accident Prevention:

(a) The Contractor shall provide and maintain work environments and procedures which will --

(1) Safeguard the public and Government personnel, property, materials, supplies, and equipment exposed to Contractor operations and activities;

(2) Avoid interruptions of Government operations and delays in project completion dates; and

(3) Ensure that any additional measures the Contracting Officer or the duly authorized representative determines to be reasonably necessary for the purposes are taken.

(b) Whenever the Contracting Officer or the duly authorized representative becomes aware of any noncompliance with these requirements or any condition which poses a serious or imminent danger to the health or safety of the public or Government personnel, the Contracting Officer or the duly authorized representative shall notify the Contractor orally, with written confirmation, and request immediate initiation of corrective action. This notice, when delivered to the Contractor or the Contractor's representative at the work site, shall be deemed sufficient notice of the noncompliance and that corrective action is required.

After receiving the notice, the Contractor shall immediately take corrective action. If the Contractor fails or refuses to promptly take corrective action, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. The Contractor shall not be entitled to any equitable adjustment of the contract price or extension of the performance schedule on any stop work order issued under this clause.

6. Non-Personal Services and Inherently Government Functions:

1. No personal services shall be performed under this contract. All work requirements shall flow only from the Contracting Officer through the Contracting Officer's Representative (COR) or duly authorized representative to the Contractor's Project Manager. No Contractor employee will be directly supervised by the Government.

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All individual employee assignments, and daily work direction, shall be given by the applicable employee supervisor. 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 through the Contracting Officer's Representative or duly authorized representative of this communication or action.

2. The Contractor shall not perform any inherently Governmental functions under this contract. No Contractor employee shall hold him or herself out to be 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 the other contractor believes this communication to be a direction to change their contract, they should notify the Contracting Officer through the Contracting Officer's Representative or duly authorized representative for that contract and not carry out the direction until a clarification has been issued by the Contracting Officer.

3. The Contractor shall insure that all its employees working on this contract are informed of the substance of this article. Nothing in this article shall limit the Government's rights in any way under the other provisions of the contract, including those related to the Government's right to inspect and accept the services to be performed under this contract. The substance of this article shall be included in all subcontracts at any tier.

7. Contract Number Designation:

On all correspondence submitted under this solicitation/contract, the Contractor agrees to clearly identify the contract number that appear on the face page of the contract as follows:

Contract No.: [To be specifed prior to award]

Additionally, (when applicable) list the specified Delivery Order (DO) number once DO awards have been issued.

8. Press Releases and Interviews:

Any information released by a member of the contract/project, including press releases, advertisements, solicitations, etc., must be reviewed and approved by the NIH, and/or a designated representative of the NIH.

All contract/project members are prohibited from the publication or other public release of project information without the written authorization the NIH.

9. Tobacco-Free NIH:

http://oma.od.nih.gov/manualchapters/management/1321/

NIH POLICY MANUAL

1321 - Tobacco-Free NIH Issuing Office: OD/OM/ORS (301) 496-2215 Release Date: 12/19/2012 Review the above link for complete guidance on the NIH Tobacco-Free policy.

http://oma.od.nih.gov/manualchapters/management/1321/

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SECTION C - PERFORMANCE WORK STATEMENT

ARTICLE C.1. PERFORMANCE WORK STATEMENT

a. Independently and not as an agent of the Government, the Contractor shall be required to furnish all the necessary supplies, services, qualified personnel, material, equipment, and facilities, not otherwise provided by the Government, as needed to perform the Performance Work Statement (PWS), dated 27 April 2017, attached hereto and made a part of this Solicitation (See SECTION J - List of Attachments).

ARTICLE C.2. REPORTING REQUIREMENTS

All reports required herein shall be submitted in electronic format. In addition, one hardcopy of each report shall be submitted to the Contracting Officer.

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).

a. Reports and Deliverables

1. In addition to the required reports set forth elsewhere in this Schedule, the preparation and submission of regularly recurring Technical Progress Reports, QASP, Surveillance Reports, and ad hoc reports will be required if specified/requested in any Delivery Order 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.

For proposal preparation purposes only, it is estimated that in addition to the required electronic version(s) 2 hard copies of these reports will be required and will be specified if applicable on the individual Delivery Order issued against the IQ Contract resulting from this solicitation.

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

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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, Contractor name, and Delivery Order (DO) number if applicable. The Contractor shall guarantee that all required materials shall be delivered in immediate usable and acceptable condition.

For the resultant contract, the contractor shall identify the contract number on all post-award correspondence.

Additionally, (when applicable) list the specified Delivery Order (DO) number once DO awards have been issued.

Multi-page communications shall be paginated and contain a header with the contract number and correspondence date or reporting period.

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SECTION E - INSPECTION AND ACCEPTANCE

a. The Government reserves the right to inspection at anytime under this contract.

b. The Contracting Officer or the duly authorized representative will perform inspection and acceptance of materials and services to be delivered under this contract.

c. Each individual Delivery Order will identify the duly authorized representative who will perform inspection and acceptance.

d. Inspection and acceptance will be performed at:

Clinical Center (CC) National Institutes of Health (NIH) 10 Center Drive, Bldg 10 Bethesda, MD 20892

Acceptance may be presumed unless otherwise indicated in writing by the Contracting Officer or the duly authorized representative within 30 days of receipt.

e. 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 52.246-2, Inspection of Supplies - Fixed Price (August 1996).

Alternate II (Jul 1985) is applicable to this contract.

FAR Clause 52.246-16, Responsibility for Supplies (April 1984).

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SECTION F - DELIVERIES OR PERFORMANCE

ARTICLE F.1. PERIOD OF PERFORMANCE

a. The anticipated Base Period of Performance of this contract shall be from 9/01/2017 through 8/30/2018 (12-months).

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 Option Period One (1) 9/01/2018-8/31/2019 (12-months) Option Period Two (2) 9/01/2019-8/31/2020 (12-months) Option Period Three (3) 9/01/2020-8/31/2021 (12-months) Option Period Four (4) 9/01/2021-8/31/2022 (12-months)

ARTICLE F.2. DELIVERIES

a. Satisfactory performance of this contract shall be deemed to occur upon performance of the work described in the Performance Work Statement Article in SECTION C of this contract and upon delivery and acceptance by the Contracting Officer, or the duly authorized representative, of the Supplies and/or services specified in the Delivery Schedule which are described in SECTION C of this contract.

b. Deliveries required by the Contractor shall be made F.o.b. destination as set forth in FAR Clause 52.247-35, F.o.b. Destination, within consignees Premises (April 1984) and any specifications stated in SECTION D, PACKAGING AND MARKING AND SHIPPING, of this contract to the address/addressee listed below:

Delivery Address

[To be specified on an individual Delivery Order/Task Order basis]

NIH Clinical Center

10 Center Drive, Bldg 10

Bethesda, MD 20892

Reporting Requirements and Delivery Schedule

Ad Hoc Reports (such as Technical Progress Reports, Surveillance Reports)

As directed by the COR or duly authorized representative.

Kickoff/Initial Meeting Summary Report Meeting will be held within first month of effective date of awarded contract. Report is due within 5 business days of the meeting.

Ad Hoc Meeting Summary Report Meetings will be held as directed by the COR or duly authorized representative. Reports are due 5 business days after the meeting.

IT Security Report 30 days after contract award

Infectious Disease Report 30 days after contract award

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ARTICLE F.3. TIME OF DELIVERY

a. The Government shall specify on each individual Delivery Order/ Task Order the required time of delivery.

ARTICLE F.4. 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)

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

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

52.211-11, Liquidated Damages--Supplies, Services or Research and Development (September 2000).

"(a) If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall, in place of actual damages, pay to the Government liquidated damages of $[To be determined and specified on each individual Delivery Order/ Task Order if applicable] per calendar day of delay."

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

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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

Key personnel are to be identified by the contractor.

1. Certain skilled experienced program management and/or technical personnel are essential for accomplishing the work to be performed. Key personnel shall be identified by name and title/job classification in offeror proposals.

2. The Contractor agrees that the above key personnel shall not be removed from the contract effort, replaced or added to the contract without a compelling reason and without compliance with paragraphs (3) and (4) hereof. The Government will not approve substitutions for the sole convenience of the contractor.

3. If any change to the key personnel position becomes necessary (substitutions or additions), the Contractor shall immediately notify the Contracting Officer in writing, accompanied by the resume of the proposed replacement personnel who shall be of at least substantially equal ability and qualifications as the individuals currently approved for that category.

4. No substitution or replacement of the key personnel shall be approved within the first ninety (90) days after contract award.

5. All requests for approval of changes hereunder must be in writing, via email, and provide a detailed explanation of circumstances necessitating the proposed change. Request for changes should be made whenever the need is identified. Beside the resume, the request must also provide:

a. A comparison of skills and qualifications to those set forth in the accepted resume proposed for substitution;

b. A signed employee procurement integrity agreement;

c. Number of hours the contractor will provide at his/her own expense to train the proposed replacement, and

d. Any other information requested by the Contracting Officer to reach a decision.

The following individuals are considered to be essential to the work being performed hereunder:

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Name Title

[To be specified prior to award] Contract Manager

[To be specified prior to award] Contractor Project Manager

[To be specified prior to award] Contractor Systems Engineer

[To be specified prior to award] Customer Relationship Manager

ARTICLE G.3. DELIVERY ORDER REQUEST FOR PROPOSAL (DORFP) PROCEDURES

In providing support under this contract, the Contractor shall initiate work only when so directed by a Delivery Order Request for Proposal (DORFP) (Refer to Sample Work Assignment Attachment provided in SECTION J). Approval of a Delivery Order Request for Proposal shall not constitute approval to exceed any item listed in the contract or general clauses of the contract. Delivery Order amounts shall not exceed the total amounts listed in the contract (time, dollars, effort, consultants, travel, etc.). The Contracting Officer's Representative (COR) with Contracting Officer approval, is authorized to initiate DORFPs and to sign DORFPs indicating satisfactory performance/delivery of the services/product required in each DORFP. The Contractor shall assure, prior to commencing work on any DORFP, that written approval of the COR and the Contracting Officer has been obtained. A DORFP which does not contain both Contracting Officer and COR approval signatures shall be considered invalid and costs incurred for such work shall be considered unallowable. The Contractor shall not exceed the estimated labor hours, estimated DORFP amount, or change the DORFP leader without prior written approval of the COR and the Contracting Officer by modification of the DORFP. The day-to-day operational and administrative details of the DORFP system will be established by the COR with input from the Contractor. The DORFP system will operate within the following general guidelines:

a. DELIVERY ORDERS UNDER SINGLE AWARD INDEFINITE QUANTITY CONTRACTS

General

The Contractor will be required provide supplies under the resultant contract only in performance of delivery orders and modifications to delivery orders signed by the Contracting Officer. Prices not attributed to the performance of a specific task order shall not be allowed without the prior written consent of the Contracting Officer. The Contractor will commence performance upon the receipt of a Delivery Order signed by the Contracting Officer. Prices for the preparation of Delivery Order proposals shall not be reimbursed as a direct cost under the resultant contract.

One or more delivery orders may be issued during the performance period of the resultant contract.

The Contractor shall respond to a Delivery Order Request for Proposal (DORFP) and the Contractor will be required to accept and perform the delivery order issued by the Contracting Officer within the scope of the resultant contract. The government has no obligation to issue any delivery orders, beyond the minimum identified in SECTION B of the contract. In the event of any inconsistency between any delivery order and the contract, the contract shall control.

The competition requirements in FAR Part 6, and the policies in FAR Subpart 15.3, DO NOT APPLY to the task ordering process. To satisfy this requirement, the Contracting Officer shall:

provide an e-mail notifying the Contractor of the requirement. The e-mail will identify how the details concerning the requirement, including a description of the work, will be provided, i.e. attached to the e-mail. The Contractor will be asked to submit a response to the Delivery Order Request for Proposal (DORFP);

Afford the Contractor, within the technical area covered by the delivery order requirement, the opportunity to submit an offer and have that offer fairly considered;

Consider prices under each order;

Keep submission requirements to a minimum;

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Requesting Delivery Order Proposals

The Contracting Officer or a designated individual may solicit responses to requirements from the Contractor within a technical area covered by a delivery order requirement in writing.

A Delivery Order Request for Proposals (DORFP) will be prepared and issued for each delivery order requirement. All contract clauses contained the resultant contract shall be incorporated in the DORFP and the resultant delivery order. If conflicts exist between the contract clauses and the information outlined in the delivery order, the resultant contract language takes precedence over the information in the delivery order.

Ordering Process

The Contractor will receive e-mail notification advising of the availability of each proposed delivery order requirement. All proposed delivery orders will incorporate all terms of the resultant contract unless otherwise specified in the proposed delivery order.

The Contractor will be provided an adequate time to prepare and submit responses based on the Contracting Officer's consideration of the estimated dollar value and complexity of proposed task order. THE

CONTRACTOR SHALL BE AFFORDED AN OPPORTUNITY TO THOROUGHLY INSPECT THE AREA

DESCRIBED IN THE TORFP. Responses will not be considered a proposal as defined in FAR Part 15.

However, the Contractor shall provide information sufficient for consideration in accordance with FAR Part

16. Each DORFP will indicate the criteria for the evaluation of proposals. The responses shall demonstrate capability for each criterion to be evaluated. Generally, the Contractor will be asked to demonstrate the following as appropriate:

Understanding of the requirements;

Experience and capability on similar tasks;

Technical approach, methods and procedures for satisfying the requirements with a discussion of potential problems to be encountered and proposed solutions and/or risk mitigation strategies.

Procedures for assuring quality of work, products, and deliverables;

Plan for managing the delivery order, including meeting requirements and schedules, and performance measures (if applicable);

Staffing plan with skill levels and level of effort for each individual proposed. Generally, resumes will be required for proposed personnel (if not previously submitted); and

Price to perform the delivery order.

Evaluation and Award of Delivery Order Proposals

The Government will evaluate the resultant Contractor's Delivery Order proposals against the requirements of the DORFP. Upon completion of evaluations, the Contracting Officer will issue a delivery order against the resultant IQ contract.

ARTICLE G.4. METHOD OF ORDERING

a. Individual Delivery Orders issued under this contract may be placed as follows:

[X] in writing

[ ] via telephone

[ ] via facsimile (fax)

[X] via electronic mail (e-mail)

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[ ] Oral [Oral Orders will be confirmed in writing within days of issuance.

[ ] Other Specify:

ARTICLE G.5. INVOICE SUBMISSION

a. Invoice and Payment Instructions for NIH Fixed-Price Type Task or Delivery Orders, 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. One (1) electronic copy of the invoice shall be submitted to each of the following approving officials:

Contracting Officer

E-mail: [To be specified prior to award] and

Contracting Officer's Representative (COR)

E-mail: [To be specified prior to award]

The Contractor shall submit an electronic copy of the payment request to the approving official instead of a paper copy. The payment request shall be transmitted as an attachment via e-mail to the address listed above in one of the following formats: MSWord, MS Excel, or Adobe Portable Document Format (PDF). Only one payment request shall be submitted per e-mail and the subject line of the e-mail shall include the Contractor's name, contract number, and unique invoice number.

[Note: The original payment request must still be submitted in hard copy and mailed to the designated billing office to meet the requirements of a "proper invoice."]

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

ARTICLE G.6. 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

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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.

ARTICLE G.7. 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 annually.

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

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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. 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 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.3. DISSEMINATION OF FALSE OR DELIBERATELY MISLEADING INFORMATION

The Contractor shall not use contract funds to disseminate information that is deliberately false or misleading.

ARTICLE H.4. OMB CLEARANCE

In accordance with HHSAR 352.211-3, Paperwork Reduction Act, the Contractor shall not proceed with surveys or interviews until such time as Office of Management and Budget (OMB) Clearance for conducting interviews has been obtained by the Contracting Officer's Representative (COR) and the Contracting Officer has issued written approval to proceed.

ARTICLE H.5. OPTION PROVISION

Unless the Government exercises its option pursuant to the Option Clause set forth in SECTION I., the contract will consist only of the Base Period of the Statement of Work as defined in Sections C and F of the contract. Pursuant to FAR Clause 52.217-9, Option to Extend the Term of the Contract set forth here and in SECTION I. 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 price of the contract will be increased as set forth in the OPTION PRICES Article in SECTION B of this contract.

FAR Clause 52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within the current period of performance; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

(End of Clause)

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ARTICLE H.6. Quality Assurance Surveillance Plan (QASP)

a. Quality Assurance Surveillance Plan (QASP)

1. Each individual Delivery Order shall include a Quality Assurance Surveillance Plan (QASP) as required. See SECTION J - List of Attachments for QASP instructions and guidence.

ARTICLE H.7. BASELINE SECURITY REQUIREMENTS

A. Baseline Security Requirements

2.A.1. Applicability. The following requirements apply whether the entire contract or delivery order (hereafter "contract"), or portion thereof, includes either or both of the following:

1. Access (Physical or Logical) to Federal Information: A Contractor (and/or any subcontractor) employee will have or will be given the ability to have, physical or logical (electronic) access to federal information that is not in the public domain. Contractor personnel who need to be on-site to perform service and maintenance must be escorted and monitored at all times. A NDA must be signed if service and maintenance requires access to PII/ PHI or sensitive, non-classified information.

2. Operate a Federal System Containing Information: A Contractor (and/or any subcontractor) will operate a federal system and information technology containing data that directly supports the HHS mission. In addition to the FAR Subpart 2.1 definition of "information technology" (IT), the term as used in this section, 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 section does not apply to national security systems as defined by the Federal Information Security Modernization Act (FISMA) (as amended).

2.A.2. Safeguarding Information and Information Systems. The Contractor (and/or any subcontractor) is responsible for the following:

1. On behalf of HHS/NIH CC, protecting federal information and information systems in order to ensure:

a. Confidentiality, which means preserving authorized restrictions on access and disclosure, including means for protecting personal privacy and proprietary information;

b. Integrity, which means guarding against improper information modification or destruction, and ensuring information non-repudiation and authenticity; 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 on behalf of HHS regardless of location per clause 52.239-1 of the Federal Acquisition Regulation (FAR) ( https://www.acquisition.gov/sites/default/files/current/far/ html/52_233_240.html).

a. The Contractor is prohibited from subcontracting to companies to conduct HHS business in which foreign governments that support international terrorism have a "significant interest" per 10 U.S.C. § 2327 ( https://www.gpo.gov/fdsys/pkg/USCODE-2011-title10/html/USCODE-2011-title10-subtitleA-partIV-chap137-sec2327.htm).

3. Adopting, and implementing the policies, procedures, controls, and standards required by HHS Information Security Program to ensure the confidentiality, integrity, and availability of federal information and federal information systems for which the Contractor is responsible under this contract or to which the Contractor may otherwise have access under this contract. The HHS Information Security Program security requirements are https://www.acquisition.gov/sites/default/files/current/far/html/52_233_240.html https://www.acquisition.gov/sites/default/files/current/far/html/52_233_240.html https://www.gpo.gov/fdsys/pkg/USCODE-2011-title10/html/USCODE-2011-title10-subtitleA-partIV-chap137-sec2327.htm https://www.gpo.gov/fdsys/pkg/USCODE-2011-title10/html/USCODE-2011-title10-subtitleA-partIV-chap137-sec2327.htm

- 20 -outlined in the HHS IS2P, which is accessible on the HHS Office of the Chief Information Officer's (OCIO) website ( http://intranet.hhs.gov/it/ocio/).

a. The Information Security Solicitation Checklist and Certification Form must be completed when the acquisition requires contractor personnel to develop or access federal information systems.

2.A.3. Information Security Categorization. The Contractor/subcontractor will coordinate with the system owner, Contracting Officer Representative (COR) and/or Contracting Officer to categorize the system and information to determine applicable information type(s) and the overall level of risk in accordance with FIPS-199 ( http://csrc.nist.gov/publications/fips/fips199/FIPS-PUB-199-final.pdf) and the Federal Information Processing Standard NIST SP 800-60, "Volume II: Appendices to Guide for Mapping Types of Information and Information Systems to Security Categories", Appendix C, Table C-2 at Vol 2 ( http://csrc.nist.gov/publications/ nistpubs/800-60-rev1/SP800-60_Vol2-Rev1.pdf). The security categories and risk level shall be documented in the designated System Security Plan (SSP) for all systems within the proposal.

2.A.4. Internet Protocol Version 6 (IPv6). All acquisitions using Internet Protocol must comply with FAR sections: FAR 7.105(b)(5), FAR 11.002(g), and FAR 12.202(e) ( https://www.acquisition.gov/?q=browsefar).

2.A.5. Roster. 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 federal information system(s). The roster shall be submitted to the Contracting Officer's Representative (COR), with a copy to the Contracting Officer, within the first thirty days of the effective date of this contract. Any revisions to the roster as a result of staffing changes shall be submitted within the first thirty days of the change. The COR will notify the Contractor of the appropriate level of investigation required for each staff member. Section J - Attachments (Roster of Employees Requiring Suitability Investigations)

2.A.6. Contract Documentation. The Contractor shall contact the Contracting Officer and/or COR for any NIH CC templates, policies, forms and other documents necessary to comply with the requirements of this section. All contract deliverables shall be compliant with Section 508 ( http://www.hhs.gov/ocio/ policy/508_policy.html#3Scope).

2.A.7. Standard for Encryption

1. The Contractor (and/or any subcontractor) shall comply with the HHS Standard for Encryption Language in HHS Contracts (See Appendix C) to prevent unauthorized access to HHS information.

2. The Contractor (and/or any subcontractor) shall use FIPS 140-2, Security Requirements for Cryptographic Module ( http://csrc.nist.gov/publications/fips/fips140-2/fips1402.pdf) compliant encryption to protect all instances of HHS sensitive information during storage and transmission

(NOTE: The HHS Standard for the Definition of Sensitive Information ( http://intranet.hhs.gov/it/cybersecurity/ docs/policies_guides/HM/dept_standard_for_def_of_sens_info-051809.pdf), latest revision, must be used to determine if information under this contract is sensitive).

3. The Contractor (and/or any subcontractor) shall verify that the selected encryption product has been validated under the Cryptographic Module Validation Program ( http://csrc.nist.gov/groups/STM/ cmvp/) to confirm compliance with FIPS 140-2. The Contractor shall provide a written copy of the validation documentation to the COR and/or Contracting Officer.

4. The Contractor (and/or any subcontractor) shall use the Key Management Key ( http://csrc.nist.gov/ publications/fips/fips201-1/FIPS-201-1-chng1.pdf) on the HHS personal identification verification (PIV) card; or alternatively, the Contractor (and/or any subcontractor) shall establish and use a key recovery mechanism to ensure the ability for authorized personnel to decrypt and recover all encrypted information (OMB Encryption Guidance at http://csrc.nist.gov/drivers/documents/ombencryption-guidance.pdf). The Contractor shall notify the COR and/or Contracting Officer of personnel authorized to decrypt and recover all encrypted information.

http://intranet.hhs.gov/it/ocio/ http://csrc.nist.gov/publications/fips/fips199/FIPS-PUB-199-final.pdf http://csrc.nist.gov/publications/nistpubs/800-60-rev1/SP800-60_Vol2-Rev1.pdf http://csrc.nist.gov/publications/nistpubs/800-60-rev1/SP800-60_Vol2-Rev1.pdf https://www.acquisition.gov/?q=browsefar http://www.hhs.gov/ocio/policy/508_policy.html#3Scope http://www.hhs.gov/ocio/policy/508_policy.html#3Scope http://csrc.nist.gov/publications/fips/fips140-2/fips1402.pdf http://intranet.hhs.gov/it/cybersecurity/docs/policies_guides/HM/dept_standard_for_def_of_sens_info-051809.pdf http://intranet.hhs.gov/it/cybersecurity/docs/policies_guides/HM/dept_standard_for_def_of_sens_info-051809.pdf http://csrc.nist.gov/groups/STM/cmvp/ http://csrc.nist.gov/groups/STM/cmvp/ 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 http://csrc.nist.gov/drivers/documents/ombencryption-guidance.pdf http://csrc.nist.gov/drivers/documents/ombencryption-guidance.pdf

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5. The Contractor (and/or any subcontractor) shall ensure that their equipment and devices meet HHS and OpDiv specific encryption standard requirements or establish a separate procedure to account for all laptop computers, desktop computers, and other mobile devices and portable media that store or process sensitive HHS information (including PII).

6. The Contractor (and/or any subcontractor) shall ensure that encryption keys are provided to the COR and/or Contracting Officer upon request and at the conclusion of the contract.

2.A.8. Protection of Sensitive Information. All federal information that may be sensitive (as defined in the Departmental Standard for the Definition of Sensitive Information) shall be protected in accordance with Office of Management and Budget (OMB)…