RFQ_Amendment_NIHES2017096_000001.pdf
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AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE
2. AMENDMENT/MODIFICAITON NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicble)
7. ADMINISTERED BY (If other than Item 6) CODE
STANDARD FORM 30 (REV. 10-83)
Prescribed by GSA FAR (48 CFR) 53.243
FACILITY CODE
9A. AMENDMENT OF SOLICIATION NO.
9B. DATED (SEE ITEM 11)
10A. MODIFICATION OF CONTRACT/ORDER NO.
10B. DATED (SEE ITEM 13)
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended, is not extended.
Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:
(a)By completing items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;
or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment your desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.
12. ACCOUNTING AND APPROPIRATION DATA (If required)
13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS.
IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.
CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER
NO. IN ITEM 10A.
B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc. ) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).
C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
D. OTHER (Specify type of modification and authority)
E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.
Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.
15C. DATE SIGNED
15A. NAME AND TITLE OF SIGNER (Type or print)
16C. DATE SIGNED
16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)
14. DESCRIPTION OF AMENDMENT/MODIFICATION ( Organized by UCF section headings, including solicitation/contract subject matter where feasible.)
PAGE OF PAGES
6. ISSUED BY CODE
8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code) (X)
CODE
15B. CONTRACTOR/OFFEROR
(Signature of person authorized to sign)
16B. UNITED STATES OF AMERICA
(Signature of Contracting Officer)
NSN 7540-01-152-8070
Previous edition unusable
NIHES2017096
000001
No. Reference Question Response
1 General
Can companies from Outside USA can apply for this? (like,from
India or Canada)
There are no regulations prohibiting the participation of companies outside the USA under this acquisition as long as companies that are OCONUS or foreign entities are registered in
SAMS and are not of foreign governments that support international terrorism and/or have a “significant” interest in that.
2 General
Do we need to come over there for meetings? Prior to the start of performance, a postaward conference will be held with the awardee.
This meeting is generally conducted as a face to face meeting but in certain circumstances, there is the flexibility for this to be held telephonically. Please refer to Attachment I, PWS, Paragraph 3, Task 4 – Customer Support Services for information on meetings.
3 General Can we perform the tasks (related to RFP) outside USA? (like, from India or Canada).
See response to question 1 above and refer to Attachment I, PWS, Paragraph 11. PLACE
OF PERFORMANCE for this information.
4 RFQ Submission Can we submit the proposals via email? Refer to Section L. Article L.4.2. Quotes Submittal and Inquiries in the RFQ for this information.
5 RFQ
Can the Government provide a sample task order for graphics? See new document: Attachment V - Sample Task Order. Task orders for graphics will include some general information on the story, the number of graphics required, and general guidance on what each image should contain. For instance:
“This article is about congenital heart defects in babies whose mothers were exposed for long periods to extreme heat during the first trimester. Two graphics are required:
1. First-trimester woman having an ultrasound, preferably wearing summer clothes;
example: http://www.gettyimages.com/license/536171766
2. Ultrasound image of a first-trimester fetus with or without a congenital heart defect.”
6 General
Does the Government have an estimate of how many graphics/year?
A
Statistics by Year (Approximated) 2011 2012 2013 2014 2015 2016 Total
Number of Writing Assignments 120 120 86 65 62 45 498
Number of Words 138241 138241 99073 74881 71424 51840 573700
Graphics - Number of Licensed Figures 140 130 110 100 90 80 650
Number of Podcasts 12 12 2 0 0 0 26
Podcast total time (minutes) 96 96 16 0 0 0 208 b
7 General Will the task orders for graphics be issued per image or per article?
Task orders will be issued based on the job/article, not the graphic. Task orders may be issued for one graphic, or for more than one graphic, based on the needs of the specific job.
8 General
What is the acceptable response time for the contractor to respond once a task order has been submitted for each of the service types (podcasts, graphics, writing assignments)?
Task orders are typically issued with a response time of 7 – 10 days. Individual task orders will provide the submission timeframe.
9 General What are the criteria for selecting a podcast host? The host should have an appropriate level of experience with conducting interviews and generating content for the media. The host should also be comfortable discussing topics of a scientific nature. Further, the host must uphold the high standards of EHP and the government, and must appeared trustworthy and unbiased at all times.
10 General What are EHP’s current podcast standards, referenced in the
QARS under the Acceptable Quality Level?
These are listed in the QARS document: “adequate volume levels in the audio file, accuracy of the transcript (no content errors, fewer than 3 typos).”
11 General
How will the Government compensate the contractor for labor required to identify and propose a podcast host? How should this be captured in the price proposal?
All the required services under the contract will be derived from various labor categories
(i.e., Project Manager, Science News Writers, Graphic Designer, Podcast Host, and
Administrative Support). It is expected that a contractor will factor in the hours, number of employees, fringe, G&A, OH, materials/images, inflation, profit, etc in the development of their quote. The Government expects that the contractor factor in expenses that involve labor required to identify and propose a podcast host into their podcast per length price.
12 General
Once candidates that meet the podcast host criteria as established by the Government have been identified, what is the contractor’s obligation in vetting the candidates?
The host will work for the contractor (as an employee or subcontractor), so the contractor should perform the same due diligence in this hiring as they would in any other. Further, the host must uphold the high standards of EHP and the government, and must be viewed as trustworthy and unbiased. In short, all obligation for vetting the host falls to the contractor.
13 General Does the Government anticipate having more than one podcast host?
We do not anticipate having more than one host.
14 General
If the host selected proves to be undesirable or unavailable in future years and a new search is needed to identify additional candidates, how will the contractor be compensated?
See response above. Attachment I – PWS, Paragraph 3, Task 3 – Podcasts Support
Services, calls for the contractor to seek candidates to act as a host of the series. As such, the Government estimated the need for a podcast host in the development of their IGCE and in turn expects the contractor to do the same. Additionally, the contractor has been provided with historical workload data to use in creating their quote. The contractor is expected to provide a qualified and reliable podcast host just as it would for any other service and is expected to perform without interruptions. It is generally expected that in staffing for a contract, a contractor have reach-back capabilities in order to fill empty slots;
we do not compensate contractors for searching for replacements. There will be no compensation as these costs are typically factored into Overhead (sometimes G&A) in the contractor’s submission to the RFQ. NOTE: Fees and costs associated with hiring direct employees sometimes include the labor involving HR conducting interviews, costs for obtaining permits/clearances, outside recruitment fees, and the cost of job advertising.
15 General
Please provide a sample timeline for a writing task order. For example, how many days from issuing a writing task order to when the first draft is due? How many days from the submitted draft to acceptance in EM?
See response to question 8 above. Individual task orders will specify the submission timeframe. Additionally, this will depend on the complexity of the topic, and the article type (longer article types will be allocated more time). Shorter Science Selections are generally given 2-3 weeks for receipt of the draft, and longer Features and Spheres of
Influence are usually given 4 weeks for receipt of a draft, but these timelines may be extended or compressed for a complex subject or a pressing topic, respectively. Timelines for revisions will also vary depending upon the complexity (or lack thereof) of the topic, but would usually be about 1 week, and some papers may be accepted without revisions.
There is no specific timeline for when the paper is formally accepted for publication – it is more important that the content be accurate than timely.
16 RFQ Attachment I
In Attachment 1 – Performance Work Statement, page 1, it states that the EHP News program currently commissions between 60-
80 original articles per year, with 80% of this content in short format, one page science selections. Page 2 of the PWS projects
90 news articles in the first year with 15% anticipated growth annually. What percentage of the 90 articles will be short format
– do you still estimate 80%?
We anticipate a similar breakdown of short/long article types for the future, but we cannot predict the exact breakdown of writing assignments over the life of this contract.
17 General
What is the average word count assignment for a Science
Selection? What is the average word count assignment for Focus and Sphere of Influence articles?
Science Selections are approximately 700 words each; Focus articles are approximately
3000 words each; and Spheres of Influence range from approximately 1500-2500 words each. All totals here are estimates only; the length of each article is determined by the scope of the topic.
18 RFQ
Page 11 of the Solicitation states “Task Orders are for estimated quantities.” In what scenario does the Government anticipate issuing a Task order for an estimated quantity? Please elaborate on what you mean by estimated quantities.
Article length is always an estimate; writers cannot provide an article that precisely adheres to a specific word count. When an assignment is issued, the government will include an estimated length for the article. It is assumed that the writer will provide an article within +/- 10% of that length. Also, for graphics, the government may request an estimated number of images for an article (4-5, for instance).
19 RFQ
The Solicitation pricing matrix on page 40 list sub-pricing categories for podcasts only. Are we limited in our response to provide pricing for only the items listed? Is it permissible to add sub-pricing for graphics and writing assignments?
Quoters may provide more detailed pricing for all categories if desired.
20 General
For writing task orders, how many revisions are anticipated during the review process?
There is no precise way to define this; the number of revisions depends on the topic, the skill of the writer; the quality of the information provided by subject-matter experts; etc. A rough estimate would be 1-2 revisions per article.
21 RFQ
Page 13 of the RFQ document states that the overall security PII
Confidentiality Impact Level is “No PII”. However, the RFQ document (page 38, bullet #3) states that the technical approach must “identify measures to ensure contractor/subcontractor compliance with safeguarding personally identifiable information
(PII) and security and privacy controls in the NIST 800-53.”
Also, page 17 of the RFQ document (section F. Privacy Plan) requires submission of a privacy plan that “safeguards data and protects the confidentiality of PII…” Can the Government please provide clarity around whether or not PII is applicable to this contract? Please also provide clarity on the plan required by section F (referenced above) as many of the bullets specifically address PII.
The government does not anticipate having any PII associated with this contract.
However, as a potential government contractor, all respondents are required to have a plan to deal with PII should any be encountered. The report should discuss best practices that the contractor will adhere to should any PII be detected in the course of doing business with the government.
SOLICITATION
PART I - THE SCHEDULE
THE INFORMATION SET FORTH IN SECTION A - SOLICITATION/CONTRACT FORM, HEREIN CONTAINS IMPORTANT INFORMATION FOR ANY QUOTER 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 QUOTER (i.e., those relating to the organizational structure [e.g., Non-Profit, Commercial] and specific cost authorizations unique to the Quoter's submission 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 QUOTER WITH THE NECESSARY INFORMATION TO
UNDERSTAND THE TERMS AND CONDITIONS OF THE RESULTANT CONTRACT.
NOTE: The North American Industry Classification Service (NAICS) code is 519130 with a size standard of 1,000 employees. This solicitation is set-aside on a total small business basis; all potential small business concerns are encouraged to apply.
SECTION A - SOLICITATION/CONTRACT FORM
1. Requisition or other Purchase Authority: ______________________________
2. Request for Quote (RFQ)
Number: NIHES2017096
3. Issue Date: November 8, 2016
4. Set Aside:
[ ] No
[X] Yes {Total Small Business}
5. Title: News Writing, Graphics, & Podcasts – Environmental Health Perspectives
6. ISSUED BY:
Office of Acquisitions
National Institutes of Health
National Institute of Environmental Health
Sciences 530 Davis Drive
Morrisville, NC 27560
7. SUBMIT OFFERS TO:
See Part IV Section L - Instructions, Conditions, and Notices to Offerors, Article L.4.2
8. Quotes for furnishing the supplies and/or services in THE SCHEDULE will be received at the place specified in, and in the number of copies specified in Section L - Instructions, Conditions, and Notices to Offerors, Article L.4.2," until 10:00 am local time on December 8, 2016. Offers will be valid for 120 days unless a different period is specified by the Quoter.
9. This solicitation requires delivery of quotes as stated in Section L - Instructions, Conditions, and Notices to
Offerors, Article L.4.2," If quotes are required to be delivered to two different locations, the OFFICIAL POINT
OF RECEIPT for determining TIMELY DELIVERY is the address provided for the OFFICE OF
ACQUISITIONS.
IF YOUR QUOTE IS NOT RECEIVED BY THE CONTRACTING OFFICER OR HIS DESIGNEE AT THE
PLACE AND TIME SPECIFIED FOR THE OFFICE OF ACQUISITIONS, THEN IT WILL BE CONSIDERED
LATE AND HANDLED IN ACCORDANCE WITH subparagraph (c)(3) of FAR Clause 52.212-1, Instructions to Offerors-Commercial Items, LOCATED IN SECTION L.1. OF THIS SOLICITATION.
10. Quoters must be registered in the System for Award Management (SAM) prior to award of a contract.
Quoters must access the CCR through The System for Award Management (SAM) at http://www.sam.gov
11. FOR INFORMATION CALL: Uché Washington
PHONE: (919) 541-0423
E-MAIL: Uche Washington, uche.washington@nih.gov;
COLLECT CALLS WILL NOT BE ACCEPTED.
Uche Washington Contracting Officer Office of Acquisitions, NIEHS http://www.sam.gov/ mailto:E-MAIL:
mailto:uche.washington@nih.gov
SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS
ARTICLE B.1. BRIEF DESCRIPTION OF SUPPLIES OR SERVICES
The National Institute of Environmental Health Sciences (NIEHS) publishes the monthly scientific journal Environmental Health Perspectives (EHP). EHP is a world-renowned journal that helps the NIEHS to implement its strategic plan of advancing science and improving health. The purpose of this requirement is to provide news writing, graphics, and podcast support services for the monthly scientific journal EHP. The contractor shall commission news articles for publication in the scientific journal Environmental Health Perspectives (EHP) and on its website; obtain graphics for use and publication with EHP materials, based on guidance and feedback from EHP staff; and create podcasts for publication based on EHP guidance. The requirement has an anticipated five
(5) year ordering period (April 1, 2017 through March 31, 2022). The EHP requires a one (1) month phase in period within the first year. The phase in period shall be from April 1, 2017 through April 30, 2017. A Fixed Price (FP) requirements contract with a total estimated ceiling of $3,557,975.61 for this acquisition. The requirement currently includes defined and undefined tasks that will be issued as task orders. As needed task orders will be placed by the NIEHS. Specific performance dates, locations, and tasks will be specified on task order Performance Work Statements (PWSs). The types of orders that are authorized for use under this requirements contract are fixed price orders only. The number of awards anticipated as a result of the solicitation is one (1).
ARTICLE B.2. PRICES/COSTS
ITEM # DESCRIPTION UNIT ESTIMTED AMOUNT
0001 Services Dollars $3,557,975.61
News Writing, Graphics, & Podcasts - Environmental Health Perspectives The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to execute a broad range of news writing, graphics, and podcast support services for the monthly scientific journal EHP. Services (as specified in each task order under the resulting contract) shall be performed in strict compliance with the Attachment I – the Performance Work Statement (PWS), Attachment II - Quality Assurance Requirements Summary (QARS), Attachment III - Reporting and Deliverable Schedule, and all specifications, terms, conditions, clauses, and all other provisions contained herein.
Ordering Period: April 1, 2017 through March 31, 2022
FOR INFORMATIONAL
PURPOSES ONLY –
DO NOT CHANGE
NUMBERS BELOW OR
ABOVE THIS BOX
ESTIMATED AMOUNT $3,557,975.61
The final contract will contain the price provisions agreed upon by the Government and the Quoter.
ARTICLE B.3. OPTION PRICES
a. Unless the Government exercises its option pursuant to the option clause referenced in ARTICLE I.8.
ADDITIONAL CONTRACT CLAUSES IN FULL TEXT, 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. Pursuant to FAR Clause 52.217-8 set forth in ARTICLE I.8. ADDITIONAL CONTRACT CLAUSES IN FULL TEXT 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 option, 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.
ARTICLE B.4. ADVANCE UNDERSTANDINGS
a. Non-Personal Services and Inherently Government Functions
(1) Pursuant to FAR 37.1, no personal services shall be performed under this contract. All work requirements shall flow only from the Contracting Officer's Representative (COR) to the Contractor's Project Manager. No Contractor employee will be directly supervised by the Government. 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 of this communication or action.
(2) Pursuant to FAR 7.5, the Contractor shall not perform any inherently governmental actions 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 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 of 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.
SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT
ARTICLE C.1. GENERAL PERFORMANCE WORK STATEMENT
a. Independently and not as an agent of the Government, the Contractor shall provide news writing, graphics, and podcast support services for the scientific journal EHP, not otherwise provided by the Government, as needed to perform the PWS, attached hereto and made a part of this Solicitation (See SECTION J - List of Attachments). The PWS provided at Section J, sets forth a general description of work to be ordered under the resulting contract (See SECTION J - List of Attachments).
ARTICLE C.2. REPORTING REQUIREMENTS
a. All reports required herein shall be submitted in electronic format. In addition, one hardcopy of each report shall be submitted to the Contracting Officer.
b. 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."
c. 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).
d. The SOW provided at Section J, Attachment I, sets forth the description of reports to be submitted under the resulting contract.
http://www.hhs.gov/web/508/index.html
SECTION D - PACKAGING, MARKING AND SHIPPING
All deliverables required under this contract shall be packaged, marked and shipped in accordance with the PWS.
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.
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 is the authorized representative of the Contracting Officer.
c. Inspection and acceptance will be performed at:
National Institute of Environmental Health Sciences 111 T. W. Alexander Drive Research Triangle Park, NC 27709
The COR and/or the Alternate COR will monitor the Contractor’s activities and accomplishments and will indicate acceptance or non-acceptance of the deliverables. The deliverables identified above will be inspected and either approved or, if they are not acceptable, rejected by the COR and/or the Alternate COR. Such inspections will occur as determined to be necessary by the COR and/or Alternate COR.
Acceptance may be presumed unless otherwise indicated in writing by the Contracting Officer or the duly authorized representative within 30 days of receipt.
The Government reserves the right to an Inspection period of 30 calendar days, unless a different time period is stated when (the Record of Call/elsewhere in the contract). The receiving report, completed and signed by the appropriate official, constitutes acceptance and shall be acknowledged to the payment office (OFM).
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.
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSE:
1. FAR Clause 52.246-4 Inspection of Services -- Fixed-Price AUG 1996
SECTION F - DELIVERIES OR PERFORMANCE
ARTICLE F.1. PERIOD OF PERFORMANCE
a. The period of performance of this contract shall be five (5) year ordering period (April 1, 2017 through March 31, 2022).
b. If the Government exercises its option 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 to Extend April 1, 2022 thru October 30, 2022
ARTICLE F.2. DELIVERIES
a. Satisfactory performance of this contract shall be deemed to occur upon performance of the work described in the Description Article in SECTION C of this contract and upon delivery and acceptance by the Contracting Officer, or the duly authorized representative, of the Services specified in the Delivery Schedule which are described in SECTION C of this contract.
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:
c. Unless otherwise specified, deliveries shall be made to the Delivery Point specified above Mondays through Fridays (excluding Federal Holidays) between the hours of 8:30 a.m. and 5:30 p.m. EST only.
Supplies or services scheduled for delivery on a Federal holiday shall be made the following day.
ARTICLE F.3. CLAUSES INCORPORATED BY REFERENCE, FAR 52.252-2 (FEBRUARY 1998)
This contract incorporates the following clause(s) by reference, with the same force and effect as if it were given in full text. Upon request, the Contracting Officer will make its full text available. Also, the full text of a clause may be accessed electronically at this address: http://www.acquisition.gov/far .
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSE:
1. FAR Clause 52.242-15 Stop Work Order AUG 1989
2. FAR Clause 52.242-17 Government Delay of Work APR 1984 http://www.acquisition.gov/far
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 designated after 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 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. INVOICE SUBMISSION
a. Invoice Instructions for NIH Fixed-Price Type Contracts, NIH (RC)-2, 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 contract 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 contract invoice shall be submitted to the following approving official:
Contracting Officer Uché Washington NIH/NIEHS, OM, Office of Acquisitions 530 Davis Drive, Room 1043 P.O. Box 12233, MSC: K1-04, Room 1048 Research Triangle Park, NC 27709 E-mail: uche.washington@nih.gov
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 mailto:uche.washington@nih.gov 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."]
Central Point of Distribution:
The Contractor shall submit an electronic copy of the payment request to the Central Point of Distribution mailbox. 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 contract invoices shall be directed to the designated billing office, (301) 496-
6452.
ARTICLE G.3. 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 as follows on the anniversary dates of the contract.
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
ARTICLE G.4. 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.
The following individual(s) is/are considered to be essential to the work being performed hereunder:
KEY PERSONNEL
Title Name
Project Manager http://www.cpars.gov/
(End of Clause)
ARTICLE G.5. ADDENDUM TO FAR CLAUSE 52.216-18 ORDERING
Add (d), Ordering Procedures:
a. As needed task orders will be placed by the NIEHS.
b. Task orders are for estimated quantities.
c. Specific performance dates, locations, and task will be specified on task orders IAW the PWS.
d. The Government will request pricing for a task order via e-mail and shall include a PWS describing the work needed. The contractor shall provide a fixed price quote via e-mail and shall include a price breakout in accordance with the Contract Pricing Matrix. The price breakout shall include a total price and the following information, unless otherwise stated.
Writing Assignments price per word and total number of words
Graphics price per figure and total numbers of figures
Podcasts price per length and total time
e. All task orders shall be invoiced separately. All invoices shall be reconciled with actuals prior to billing to indicate the total price and shall always be billed in one (1) line item. The invoice shall also include a separate page with the reconciled price breakout in Article G.5.d above.
(End of Addendum)
SECTION H - SPECIAL CONTRACT REQUIREMENTS
ARTICLE H.1. NEEDLE EXCHANGE, HHSAR 352.270-12 (December 2015) The Contractor shall not use any funds obligated under this contract to carry out any program of distributing sterile needles or syringes for the hypodermic injection of any illegal drug.
(End of clause)
ARTICLE H.2. ACKNOWLEDGEMENT OF FEDERAL FUNDING
The Contractor shall clearly state, when issuing statements, press releases, requests for quotes, 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. LIMITATION ON USE OF FUNDS FOR PROMOTION OF LEGALIZATION OF CONTROLLED
SUBSTANCES
The Contractor shall not use contract funds to support activities that promote the legalization of any drug or other substance included in schedule I of the schedules of controlled substances established under section 202 of the Controlled Substances Act, except for normal and recognized executive-congressional communications. This limitation shall not apply when the Government determines that there is significant medical evidence of a therapeutic advantage to the use of such drug or other substance or that federally sponsored clinical trials are being conducted to determine therapeutic advantage.
ARTICLE H.4. 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.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 five (5) year ordering period of the Statement of Work as defined in Sections C and F of the contract. Pursuant to FAR Clause 52.217-8, Option to Extend the Services set forth in SECTION I. of this contract, the Government may, by unilateral contract modification, require the Contractor to perform additional options set forth in the PWS and also defined in Sections C and F of the contract. If the Government exercises this option, notice must be given any time 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.
ARTICLE H.6. REPORTING MATTERS INVOLVING FRAUD, WASTE AND ABUSE
Anyone who becomes aware of the existence or apparent existence of fraud, waste and abuse in NIH funded programs is encouraged to report such matters to the HHS Inspector General's Office in writing or on the Inspector General's Hotline. The toll free number is 1-800-HHS-TIPS (1-800-447-8477). All telephone calls will be handled confidentially. The website to file a complaint on-line is: http://oig.hhs.gov/fraud/hotline/ and the mailing address is:
US Department of Health and Human Services Office of Inspector General
ATTN: OIG HOTLINE OPERATIONS
P.O. Box 23489 Washington, D.C. 20026
ARTICLE H.7. INFORMATION AND PHYSICAL ACCESS SECURITY
A. Baseline Security Requirements
1) Applicability. The following requirements apply whether the entire contract or order (hereafter “contract”), or portion thereof, includes either or both of the following:
http://oig.hhs.gov/fraud/hotline/
a. 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 (entry and documentation) or logical (electronic) access to federal information.
b. Operate a Federal System Containing Information: A Contractor (and/or any subcontractor) will operate a federal system and information technology containing data that 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.
2) Safeguarding Information and Information Systems. The Contractor (and/or any subcontractor) shall:
a. Protect federal information and information systems in order to ensure:
Confidentiality, which means preserving authorized restrictions on access and disclosure, based on the security terms found in this contract, including means for protecting personal privacy and proprietary information;
Integrity, which means guarding against improper information modification or destruction, and ensuring information non-repudiation and authenticity; and
Availability, which means ensuring timely and reliable access to and use of information.
b. Provide 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).
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).
c. Adopt, and implement 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 outlined in the HHS IS2P, which is accessible on the HHS Office of the Chief Information Officer’s (OCIO) website and can be obtained by contacting fisma@hhs.gov. Please see HHS HSPD-12 guidance.
3) Information Security Categorization. In accordance with FIPS-199
(http://csrc.nist.gov/publications/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/) and based on information provided by the ISSO, CISO, or other security representative, the Security Level for each Security Category and the Overall Security Level, which is the highest level of the three, factors (Confidentiality, Integrity, and Availability) of the information or information system is below.
Confidentiality Level: [x] Low [ ] Moderate [ ] High Integrity Level: [x] Low [ ] Moderate [ ] High Availability Level: [x] Low [ ] Moderate [ ] High Overall Level: [x] Low [ ] Moderate [ ] High
For additional information, see NIST SP 800-60, Volume II: Appendices to Guide for Mapping Types of Information and Information Systems to Security Categories, Appendices C and D.
Based on information provided by the ISSO, Privacy Office, system/data owner, or other security or privacy representative, the PII Confidentiality Impact Level has been determined to be:
Overall Level: [x] No PII [ ] N/A [ ] Low [ ] Moderate [ ] High 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 http://www.hhs.gov/ocio/policy/index.html 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
For additional information, see NIST SP 800-122, Guide to Protecting the Confidentiality of Personally Identifiable Information.
4) Internet Protocol Version 6 (IPv6). All acquisitions using Internet Protocol shall comply with FAR sections: FAR
7.105(b)(5), FAR 11.002(g), and FAR 12.202(e) (https://www.acquisition.gov/?q=browsefar).
5) Controlled Unclassified Information (CUI). All information about the systems gathered or created under this contract shall be considered as Controlled Unclassified Information (CUI) and marked appropriately.
a. CUI, sensitive/proprietary data, and/or equipment will only be disclosed to authorized personnel on a Need-To-
Know basis.
b. Contractors (and/or any subcontractors) processing CUI incidental to developing a product or service for NIEHS or storing government information on a system that has not been authorized by the agency must meet the requirements of NIST SP 800-171 Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations (http://csrc.nist.gov/publications/).
c. When no longer required, this information and/or data will be returned to HHS control, destroyed, or held until otherwise directed. Destruction of information and/or data shall be accomplished by following NIST SP 800-88, Guidelines for Media Sanitization (http://csrc.nist.gov/publications/).
6) 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 14 days of the effective date of this contract. Any revisions to the roster as a result of staffing changes shall be submitted within 7 days of the change. The COR will notify the Contractor of the appropriate level of investigation required for each staff member.
7) Contract Documentation. The Contractor shall use templates, policies, forms and other documents necessary, which will be provided by NIEHS, in order to comply with contract deliverables as appropriate. All contract deliverables shall be compliant with Section 508 (http://www.hhs.gov/ocio/policy/508_policy.html#3Scope).
8) Standard for Encryption. The Contractor (and/or any subcontractor) shall:
a. Comply with the HHS Standard for Encryption Language in HHS Contracts
(http://www.hhs.gov/ocio/policy/index.html) to prevent unauthorized access to federal information.
b. Use FIPS 140-2, Security Requirements for Cryptographic Module (http://csrc.nist.gov/publications/) compliant encryption to protect all instances of HHS sensitive information during storage and transmission
c. Verify that the encryption product used by the Contractor has been validated under the Cryptographic Module
Validation Program (http://csrc.nist.gov/publications/) to confirm compliance with FIPS 140-2. The Contractor shall provide a written copy of the validation documentation to the COR.
d. Use the Key Management Key (http://csrc.nist.gov/publications/) 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.
e. Ensure that their equipment and devices meet HHS and NIEHS-specific encryption standard requirements
(http://www.hhs.gov/ocio/policy/2009-0002.001s.html) 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 federal information (including PII).
f. Ensure that encryption keys are provided to the COR upon request and at the conclusion of the contract.
https://www.acquisition.gov/?q=browsefar http://www.hhs.gov/ocio/policy/508_policy.html#3Scope http://www.hhs.gov/ocio/policy/index.html http://csrc.nist.gov/publications/fips/fips140-2/fips1402.pdf http://csrc.nist.gov/publications/fips/fips140-2/fips1402.pdf http://csrc.nist.gov/drivers/documents/ombencryption-guidance.pdf http://csrc.nist.gov/drivers/documents/ombencryption-guidance.pdf http://www.hhs.gov/ocio/policy/2009-0002.001s.html
9) Protection of Sensitive Information. All federal information that is or 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) Memorandum (M) 06-16 (https://www.whitehouse.gov/sites/default/files/omb/memoranda/fy2006/m06-16.pdf), Protection of Sensitive Agency Information and encrypted with Federal Information Processing Standard (FIPS) 140-2 compliant solution.
10) Contractor Agreement. The Contractor (and/or any subcontractor), performing under this contract, shall not release, publish, or disclose non-public federal information to unauthorized…
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