RFQ,_NIHES201800013,_Language_Translation_Scientific_Services.pdf

NIHES201800013

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 541930, "Translation and

Interpretation Services” with a size standard of $7.5M. This solicitation is being competed on a full and open competitive basis. The minimum guarantee for this requirement is $5,000.00 and is applicable ONLY to the first year of the five (5) year ordering period. The minimum guaranteed amount will be issued as the first task order under the subsequent contract for work that is to be performed as part of phase in.

SECTION A - SOLICITATION/CONTRACT FORM

1. Requisition or other Purchase Authority: ___________________________

2. Request for Quote (RFQ)

Number: NIHES201800013

3. Issue Date: August 8, 2018

4. Set Aside:

[X] No {Unrestricted}

[ ] Yes

5. Title: Environmental Health Perspectives (EHP) Language Translation Scientific Services

6. ISSUED BY:

Office of Acquisitions

National Institutes of Health

National Institute of Environmental Health Sciences

530 Davis Drive

Morrisville, NC 27560

7. SUBMIT QUOTES 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 ET on September 10, 2018. Offers will be valid for 90 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, Contracting Officer

National Institute of Environmental Health Sciences, Office of Acquisitions

Phone: (984) 287-3064/ E-Mail: uche.washington@nih.gov

COLLECT CALLS WILL NOT BE ACCEPTED

http://www.sam.gov/ 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), located in Research Triangle Park, North Carolina publishes the monthly scientific journal Environmental Health Perspectives (EHP), a world-renowned monthly online-only journal of peer-reviewed research and news, and one of the top journals in Toxicology, Environmental Sciences, and Public, Environmental, and Occupational Health. The Contractor shall provide a broad range of language translation scientific services in support of the EHP journal. The basic service objective is to provide support for the EHP to control the translation of its content, and to translate scientific journal content into multiple languages for worldwide distribution. The contractor shall provide translators who are specifically trained and technically capable of accurately translating content that is scientific and highly technical in nature. Translation of the journal’s scientific content is needed throughout the performance period;

however, Simplified Chinese and Spanish will be the focus in year one (1) and two (2) of the contract while years three (3) through five (5) will be expanded to include Portuguese, Russian, Japanese, French, and Hindi. The Contractor shall translate content in a continuous-publication format to match the English content. The Contractor shall accept a continuous stream of content at various volumes and shall provide translated content in JATS XML format to complement the English version. This will allow for EHP’s online platform to deliver a seamless reading experience to the user no matter what language they prefer. Prior to final delivery of the content to the public, EHP’s International Program Manager will have the opportunity to review all translated content for accuracy. It is anticipated that there will be 100–120 articles per year; the length and complexity of each article varies, but at least 50% are expected to be short-form (approximately 800 words) per year during year one (1) and year two (2). The output is expected to increase in year three (3) to between 150–200 articles per year. A single award Indefinite Delivery Indefinite Quantity (IDIQ) contract with Fixed Priced (FP) task orders is anticipated.

The anticipated program value is $685,437.53 while the anticipated program ceiling for the acquisition is $796,455.78 for the five (5) year contract period. The requirement has an anticipated five (5) year ordering period from date of award.

Individual task orders issued will not exceed a 12-month period and funding will be obligated at the task order level. During the contract period, the Government will identify tasks required to complete each specific project. Task orders with more specific details will be placed as needed by the NIEHS and specific performance dates and quantities will be specified on each individual task order. The number of awards anticipated as a result of the solicitation is one (1).

ARTICLE B.2. PRICES

ITEM # DESCRIPTION CEILING AMOUNT

EHP Language Translation Scientific Services

The Contractor shall provide language translation scientific services in support of the EHP journal in strict compliance with Attachments I, the IDIQ Statement of

Work (SOW), the Contract Pricing List, all specifications, terms, conditions, clauses, and all other provisions contained herein. A task order SOW will be used to execute a broad range of tasks under the resultant multiple award IDIQ contract.

Ordering Period: date of award - 5 years from date of award

For Informational Purposes

Only – Do Not Change

$796,455.78

**The final award will utilize a Contract Pricing List with prices 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 specified in the SECTIONS F.1.a. 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 I.8 of this contract. The fixed price of this contract will be increased as set forth in paragraph c., below. The contract ceiling may be increased by 10% pursuant to FAR clause 52.217-8.

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

Pricing List.

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 STATEMENT OF WORK

a. Independently and not as an agent of the Government, the Contractor shall provide language translation scientific services, not otherwise provided by the Government, as needed to perform the SOW, attached hereto and made a part of this Solicitation (See SECTION J - List of Attachments). The SOW 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 SOW. 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 ordering period for this contract shall be for 5 years (from date of award).

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

52.217-8 End of 5 year ordering period – 6 months after

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 SOW 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 (ACOR) 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 ACOR is authorized to handle all matters related to the monitoring and overseeing of the technical and programmatic aspects of the contract. The following ACORs will represent the

Government for the purpose of this contract:

• [To be designated after award]

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 CO appointment and COR designation.

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

The key personnel specified in this contract are considered to be essential to work performance. At least 30 days prior to the contractor voluntarily diverting any of the specified individuals to other programs or contracts the Contractor shall notify the

Contracting Officer and shall submit a justification for the diversion or replacement and a request to replace the individual. The request must identify the proposed replacement and provide an explanation of how the replacement's skills, experience, and credentials meet or exceed the requirements of the contract (including, when applicable, Human Subjects Testing requirements).

If the employee of the contractor is terminated for cause or separates from the contractor voluntarily with less than thirty days’ notice, the Contractor shall provide the maximum notice practicable under the circumstances. The Contractor shall not divert, replace, or announce any such change to key personnel without the written consent of the Contracting Officer. The contract will be modified to add or delete key personnel as necessary to reflect the agreement of the parties.

(End of Clause)

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

Key Personnel

Title Name

ARTICLE G.3. METHOD OF ORDERING

a. Orders issued under this contract will be placed via electronic mail (e-mail) only.

b. The Contracting Officer is authorized to issue orders and provide written confirmation of orders under the contract.

ARTICLE G.4. TASK ORDER PROCEDURE

This contract provides for the issuance of Task Orders, the services to be ordered are pre-priced in the contract, and the orders will be placed on a fixed-price basis, as follows:

a. General: Only the Contracting Officer (CO) may issue Task Orders to the Contractor, providing specific authorization or direction to perform work within the scope of the contract and as specified in the Statement of Work. Unless specifically authorized by the CO, the Contractor shall not commence work until a fully executed Task Order has been awarded. The

Contractor may incur costs under this contract in performance of task orders and task order modifications issued in accordance with this ARTICLE. No other costs are authorized unless otherwise specified in the contract or expressly authorized by the

Contracting Officer.

b. All task order total prices shall be calculated based on the Contractor’s Contract Pricing Matrix (CPM). Each task order shall be prepared on an OF347 and will be issued to the contractor via email. All contract clauses contained in this contract shall be incorporated in the resultant task order. If conflicts exist between the contract clauses and the information outlined in the task order, the contract language takes precedence over the information in the task order.

ARTICLE G.5. 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 officials e-mail addresses:

• TBA

The Contractor shall submit an electronic copy of the payment request to the approving officials 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."]

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.

c. In addition to the requirements of FAR Subpart 32.9, all invoices must contain:

1. Vendor/Contractor

a. Name and Address

b. Point of Contact for the invoice

c. Name, title, telephone number, e-mail and mailing address.

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

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

Legal Business Name, then both names must appear on the invoice.

4. Invoice date.

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

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

• Contract Number

• Purchase Order Number

• Task or Delivery Order Number and Source Award Number (e.g., Indefinite Delivery Contract number; General

Services Administration number)

• BPA Call Number and BPA Parent Award Number

7. Data Universal Numbering System (DUNS) or DUNS + 4 as registered in the System for Award Management (SAM).

8. Invoices submitted for payment against awards must include the contractor’s DUNS number and Federal Taxpayer

Identification Number (TIN). In those exceptional cases where a contractor does not have a DUNS number or TIN, a

Vendor Identification Number (VIN) must be referenced on the invoice. The VIN is the number that appears after the contractor’s name on the face page of the award document.

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

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

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

ARTICLE G.6. POST AWARD EVALUATION OF CONTRACTOR PERFORMANCE

a. Contractor Performance Evaluations Interim and Final evaluations of Contractor performance will be prepared on this contract in accordance with FAR Subpart 42.15. The Final performance evaluation will be prepared at the time of completion of work. In addition to the Final evaluation, Interim evaluation(s) will be prepared 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 http://www.cpars.gov/

SECTION H - SPECIAL CONTRACT REQUIREMENTS

ARTICLE H.1. 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.2. 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.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. 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 ordering period defined in Sections B 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 the option set forth in Sections B and F of the contract for work defined in the SOW. If the Government exercises this option, notice must be given any time prior to the expiration date of this contract and the 5th year prices in the

Contract Pricing List will be utilized during this period.

ARTICLE H.5. 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.6. ELECTRONIC AND INFORMATION TECHNOLOGY ACCESSIBILITY, HHSAR 352.239-74

(DECEMBER 2015)

(a) Pursuant to Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), as amended by the Workforce Investment

Act of 1998, all electronic and information technology (EIT) supplies and services developed, acquired, or maintained under this contract or order must comply with the “Architectural and Transportation Barriers Compliance Board

Electronic and Information Technology (EIT) Accessibility Standards” set forth by the Architectural and Transportation

Barriers Compliance Board (also referred to as the “Access Board”) in 36 CFR part 1194. Information about Section 508 is available at http://www.hhs.gov/web/508. The complete text of Section 508 Final Provisions can be accessed at http://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-section-508-standards.

(b) The Section 508 accessibility standards applicable to this contract are identified in the Statement of Work. The contractor must provide any necessary updates to the submitted HHS Product Assessment Template(s) at the end of each contract http://oig.hhs.gov/fraud/hotline/ or order exceeding the simplified acquisition threshold (see FAR 2.101) when the contract or order duration is one year or less. If it is determined by the Government that EIT supplies and services provided by the Contractor do not conform to the described accessibility standards in the contract, remediation of the supplies or services to the level of conformance specified in the contract will be the responsibility of the Contractor at its own expense.

(c) The Section 508 accessibility standards applicable to this contract are:

• Section 508 Information: http://www.section508.gov/

• Guide to the Section 508 Standards: https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-section-508-standards/guide-to-the-section-508-standards

• Making Files Accessible: http://www.hhs.gov/web/section-508/making-files-accessible/index.html

(d) In the event of a modification(s) to this contract or order, which adds new EIT supplies or services or revises the type of, or specifications for, supplies or services, the Contracting Officer may require that the contractor submit a completed

HHS Section 508 Product Assessment Template and any other additional information necessary to assist the

Government in determining that the EIT supplies or services conform to Section 508 accessibility standards. Instructions for documenting accessibility via the HHS Section 508 Product Assessment Template may be found under Section 508 policy on the HHS website: (http://www.hhs.gov/web/508). If it is determined by the Government that EIT supplies and services provided by the Contractor do not conform to the described accessibility standards in the contract, remediation of the supplies or services to the level of conformance specified in the contract will be the responsibility of the

Contractor at its own expense.

(e) If this is an Indefinite Delivery contract, a Blanket Purchase Agreement or a Basic Ordering Agreement, the task/delivery order requests that include EIT supplies or services will define the specifications and accessibility standards for the order. In those cases, the Contractor may be required to provide a completed HHS Section 508 Product

Assessment Template and any other additional information necessary to assist the Government in determining that the

EIT supplies or services conform to Section 508 accessibility standards. Instructions for documenting accessibility via the HHS Section 508 Product Assessment Template may be found at http://www.hhs.gov/web/508. If it is determined by the Government that EIT supplies and services provided by the Contractor do not conform to the described accessibility standards in the provided documentation, remediation of the supplies or services to the level of conformance specified in the contract will be the responsibility of the Contractor at its own expense.

(End of clause)

ARTICLE H.7. CONFIDENTIALITY OF INFORMATION

a. Confidential information, as used in this article, means information or data of a personal nature about individual, or proprietary information or data submitted by or pertaining to an institution or organization.

b. The Contracting Officer and the Contractor may, by mutual consent, identify elsewhere in this contract specific information and/or categories of information which the Government will furnish to the Contractor or that the Contractor is expected to generate which is confidential. Similarly, the Contracting Officer and the Contractor may, by mutual consent, identify such confidential information from time to time during the performance of the contract. Failure to agree will be settled pursuant to the "Disputes" clause.

c. If it is established elsewhere in this contract that information to be utilized under this contract, or a portion thereof, is subject to the Privacy Act, the Contractor will follow the rules and procedures of disclosure set forth in the Privacy Act of 1974, 5 U.S.C. 552a, and implementing regulations and policies, with respect to systems of records determined to be subject to the Privacy Act.

d. Confidential information, as defined in paragraph (a) of this article, shall not be disclosed without the prior written consent of the individual, institution, or organization.

e. Whenever the Contractor is uncertain with regard to the proper handling of material under the contract, or if the material in question is subject to the Privacy Act or is confidential information subject to the provisions of this article, the Contractor should obtain a written determination from the Contracting Officer prior to any release, disclosure, dissemination, or publication.

f. Contracting Officer determinations will reflect the result of internal coordination with appropriate program and legal officials.

g. The provisions of paragraph (d) of this article shall not apply to conflicting or overlapping provisions in other Federal, State or local laws.

http://www.section508.gov/ https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-section-508-standards/guide-to-the-section-508-standards https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-section-508-standards/guide-to-the-section-508-standards http://www.hhs.gov/web/section-508/making-files-accessible/index.html

ARTICLE H.8. PUBLICATION AND PUBLICITY

In addition to the requirements set forth in HHSAR Clause 352.227-70, Publications and Publicity incorporated by reference in

SECTION I of this contract, the Contractor shall acknowledge the support of the National Institutes of Health whenever publicizing the work under this contract in any media by including an acknowledgment substantially as follows:

“This project has been funded in whole or in part with Federal funds from the, National Institutes of Health, Department of

Health and Human Services, under Contract No. “TBA”

ARTICLE H.9. 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:

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 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 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

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) 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 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.

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 individuals. The confidentiality, integrity, and availability of such information shall be protected by the Contractor in accordance with the governing laws and regulations listed as follows:

a. 18 U.S.C. 641 (Criminal Code: Public Money, Property or Records) (https://www.gpo.gov/fdsys/granule/USCODE-

2011-title18/USCODE-2011-title18-partI-chap31-sec641/content-detail.html)

b. 18 U.S.C. 1905 (Criminal Code: Disclosure of Confidential Information) (https://www.gpo.gov/fdsys/pkg/USCODE-

2014-title18/pdf/USCODE-2014-title18-partI-chap93-sec1905.pdf)

c. Public Law 96-511 (Paperwork Reduction Act) (http://ciog6.army.mil/Portals/1/Policy/Paper Reduction 1980.pdf)

11) Contractor Employee Non-Disclosure Agreement (NDA). Each Contractor (and/or any subcontractor) employee having access to non-public federal information under this contract shall complete NIEHS Commitment to Protect

Non-Public Information – Contractor Employee Agreement. A copy of each signed and witnessed NDA shall be submitted to the COR and Contracting Officer prior to performing any work under this acquisition (See Appendix C for the HHS Contractor Non-Disclosure Agreement).

12) Privacy or Security Safeguards (FAR Clause 48 CFR § 52.239-1). The Contractor (and/or any subcontractor) shall comply with FAR Clause 48 CFR § 52.239-1 privacy and security requirements, which can be located at:

https://www.acquisition.gov/?q=browsefar. In addition, if new or unanticipated threats or hazards are discovered by either the agency or contractor, or if existing safeguards have ceased to function, the discoverer shall immediately, within one (1) hour or less, bring the situation to the attention of the other party.

13) Confidential Information (HHSAR Clause 48 CFR § 352.224-71). The Contractor (and/or any subcontractor) shall comply with HHSAR Clause 48 CFR § 352.224-71 requirements, which can be located at:

http://www.hhs.gov/grants/contracts/contract-policies-regulations/hhsar/index.html.

14) Privacy Threshold Analysis (PTA)/Privacy Impact Assessment – The contractor will support the creation of new

PTA forms and PIA forms as required.

a. The Contractor shall assist the NIEHS Privacy Officer (or his or her designee) with conducting a PTA (using the

Privacy Impact Assessment [PIA] form) for the information system and/or information collection project to determine whether or not a full PIA needs to be completed.

• If the results of the PTA show that a full PIA is needed, the Contractor shall assist the NIEHS Privacy Officer (or his or her designee) and other designated authorities with completing a PIA for the system or project within after completion of the PTA.

• The Contractor shall assist the NIEHS Privacy Officer in completing a PIA in accordance with HHS http://csrc.nist.gov/drivers/documents/ombencryption-guidance.pdf http://www.hhs.gov/ocio/policy/2009-0002.001s.html https://www.whitehouse.gov/sites/default/files/omb/memoranda/fy2006/m06-16.pdf https://www.gpo.gov/fdsys/granule/USCODE-2011-title18/USCODE-2011-title18-partI-chap31-sec641/content-detail.html https://www.gpo.gov/fdsys/granule/USCODE-2011-title18/USCODE-2011-title18-partI-chap31-sec641/content-detail.html https://www.gpo.gov/fdsys/pkg/USCODE-2014-title18/pdf/USCODE-2014-title18-partI-chap93-sec1905.pdf https://www.gpo.gov/fdsys/pkg/USCODE-2014-title18/pdf/USCODE-2014-title18-partI-chap93-sec1905.pdf…