ONC - Standards Inititiatives PWS 1-28-2011.doc

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OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH INFORMATION TECHNOLOGY STANDARDS and INTEROPERABILITY: PROGRAM MANAGEMENT SUPPORT Solicitation #

SECTION C:

Statement of Work

1.

INTRODUCTION AND BACKGROUND

The Health Information Technology for Economic and Clinical Health (HITECH) Act of 2009 states that the National Coordinator shall perform duties in a manner consistent with the development of a nationwide health information technology infrastructure that allows for the electronic use and exchange of information and that:

1) Ensures that each patient’s health information is secure and protected, in accordance with applicable law;

2) Improves health care quality, reduces medical errors, reduces health disparities, and advances the delivery of patient-centered medical care;

3) Reduces health care costs, resulting from inefficiency, medical errors, inappropriate care, duplicative care and incomplete information;

4) Provides appropriate information to help guide medical decisions at the time and place of care;

5) Ensures the inclusion of meaningful public input in such development of such infrastructure;

6) Improves the coordination of care and information among hospitals, laboratories, physician offices, and other entities through an effective infrastructure for the secure and authorized exchange of health care information;

7) Improves public health activities and facilitates the early identification and rapid response to public health threats and emergencies, including bio-terror events and infectious disease outbreaks;

8) Facilitates health and clinical research and health care quality;

9) Promotes early detection, prevention and management of chronic diseases;

10) Promotes a more effective marketplace, greater competition, greater systems analysis, increased consumer choice, and improved outcomes in healthcare services; and

11) Improves efforts to reduce health disparities.

HITECH Act also includes consideration for other areas including “the appropriate uses of a nationwide health information infrastructure including for the purposes of:

1) The collection of quality data and public reporting;

2) Biosurveillance and public health;

3) Medical and clinical research; and

4) Drug safety

The HITECH Act also requires these meaningful use criteria to become more stringent over time. In 2015, providers are expected to have adopted and be actively utilizing an electronic health record (EHR) in compliance with “meaningful use” or they will be subject to financial penalties under Medicare. The information exchange requirements for the meaningful use EHR incentives, as specified in the regulation, will inform a strategic framework for this program. Any goals, objectives, and corresponding measures of meaningful use that require HIE over time will be the reference point for the developers and users.

A critical requirement of “meaningful use” is certified electronic health record that meets the standards and certification criteria adopted by the Secretary. These criteria and standards were released in the Interim Final Rule by the Office of the National Coordinator for Health IT (ONC) in January 2010 and finalized in July 2010; these rules can be found at http://www.gpoaccess.gov/fr/index.html

1.1 Overview of Standards and Interoperability Framework

Widespread adoption and meaningful use of health IT is one of the foundational steps in improving the quality and efficiency of health care. The appropriate and secure exchange of information is a critical enabler of a high performance health care system. The overall purpose of the ONC programs is to facilitate and expand the secure, electronic movement and use of health information among organizations according to nationally recognized standards.

The standards and interoperability framework described below will support all ONC programs and effort in increasing adoption of health IT across the entire health care enterprise.

This framework is a life cycle for the development of standards and interoperability specifications and is meant to establish a sustainable set of tools and processes that will streamline and coordinate the development of standards and interoperable software solutions to support the goals of the HITECH Act.

This framework can be effective only when each task is well coordinated with other tasks in the process (i.e., the output from a task can be a critical input to another task). Some activities may focus only on a single task within the framework; whereas certain activities such as community engagement and architectural support may span multiple tasks. Therefore it is important that all contractors working on various tasks within this framework collaborate with others. Ultimately, the success of the Standards and Interoperability (S&I) Framework will depend on supporting key initiatives for meaningful use, and using the S&I Framework as a platform for success.

2. SCOPE

The framework for the Standards and Interoperability projects, as defined above, is under implementation by multiple contractors via multiple contracts at the Office of Standards and Interoperability. This program management support contract is expected to provide project, program and technical support staff to the Standards and Interoperability initiatives. In doing so, the program management staff will be integrated into S&I Initiatives teams as well as ONC’s internal teams.

Example functions expected from the Program Management Support Staff include:

· Provide “gap expertise” for each of the initiatives to develop tools, artifacts, and expertise to enable each initiative to be successful.

· Creating the ability to receive, review, and analyze S&I project initiatives performance data against established goals and targets, and related contextual indicators.

· Provide administrative support for the initiatives including but not limited to keeping meeting minutes, organizing meetings with possibly more than 20-30 participants, providing web conferencing and audio conferencing support for these meetings, etc.

· Organizing access to and reporting of budget and performance information around the S&I Project initiatives

· Managing and tracking communication between ONC staff and the S&I initiatives.

The contractor is encouraged to propose additional creative and innovative functionalities that address S&I initiative needs identified during the initial planning meetings and to advance the effectiveness of the Office of Standards and Interoperability’s overarching administration processes.

3. Summary of Tasks Through this contract, the contractor shall complete the following tasks. These tasks include, but are not limited to:

1) Perform Contract-Level and Task Order Management

2) For each of the initiatives, provide expertise across the S&I framework including project management, Health IT standards development and program and portfolio management expertise.

3) Establish and Manage Sub-Contracting Process to acquire additional expertise to support each initiative

a. Provide “gap expertise” for each of the initiatives to develop tools, artifacts, and expertise to enable each initiative to be successful.

4) Development and support of Tools as needed by the S&I framework projects.

C.3.1 Task 1 – Management and Administration tasks include, but are not limited to the following:

3.1.1—Contract-Management: Upon initiation of any task defined within this performance work statement (PWS), the contractor shall communicate with the Contracting Officer Technical Representative (COTR), either via written product or through a scheduled meeting, any changes to the estimated resources (e.g., time, money, materials, government furnished information) required to complete the task. In addition, the contractor shall:

· Provide the technical and functional activities at the contract level needed for program management of this PWS including productivity and management methods such as quality assurance, configuration, work breakdown structure and resource management.

· Coordinate organizational requirements, manage projects and schedules, and report progress/issues to COTR.

· Provide the centralized administrative, clerical, documentation and other related functions.

3.1.2—Pre-design: In Pre-design, the Contractor shall gain a clear understanding of the project’s history, ONC’s resources, and the roles of other project team members and stakeholders. Work in this phase focuses on preparing a solid foundation for all work that follows, insuring that the project is logically structured, and its goals are understood and realistically attainable within the budget, schedule, and other specified parameters.

3.1.3— Post Award Meeting: Meet with the Contracting Officer Technical Representative (COTR) and other ONC staff, within two (2) weeks after award in a face to face meeting to discuss the objectives of the contract and any related project issues. A written agenda for the meeting shall be prepared by the contractor and sent to the COTR three (3) days prior to the meeting. At a minimum, the outcome of the Initial Meeting shall be agreement on a set of high level milestones for which the contract will be oriented and upon which the Work Plan will be focused.

3.1.4— Project Work Plan: Within 10 calendar days of the Initial Meeting (i.e., Post Award meeting), the Contractor shall deliver a Work Plan that enables accomplishment of the objectives outlined in this contract and agreed to by the COTR after the Initial Meeting. The Work Plan shall include a proposed work breakdown structure containing a detailed schedule of proposed project milestones, a schedule of interim deliverables and their estimated cost, and a listing of any critical dependencies on which the contractor expects to be reliant on the government including the dates by which those issues should be resolved. The Work Plan shall also address key aspects of quality assurance and attest to the methods in place or a proposal of new methods to ensure the integrity of systems developed and the accuracy of the information therein.

The Contractor is encouraged to provide a topical outline of the Work Plan to the Project Officer as an interim deliverable for this task prior to the Work Plan submission.

3.1.5—Cost Control - In accomplishing the objectives of this contract, the Contractor shall plan for completing all deliverables in the timeframes specified in this order and approved by the COTR the Work Plan development process without serial reliance on overtime for any individual assigned to the contract. Any and all requests for overtime shall be submitted to and approved by the COTR prior to occurrence.

3.1.6—In-Progress Review & Status Reports: The Contractor shall submit written monthly technical and financial status reports describing progress against the Work Plan, to include the upcoming milestones, potential risks to their achievement and proposed mitigation strategies, and planned activities for the coming month. The report shall include Contractor progress on any requirements analyses, highlights of any dependencies related to the government’s upcoming responsibilities, and an estimate of the tools and/or resources needed in the coming month to accomplish the Work Plan’s objectives. The financial information in the report shall include an itemized reporting of the: (a) actual cost for the reporting period and cumulative cost for the contract to date; (b) budgeted costs for the reporting period and contract to date based on the work performed; and (c) estimated costs by month for the remainder of the performance period of the contract.

See Attachment B Labor Matrix and Labor Work Plan shall be submitted to plan actual, current and forecasted labor hour reports. See 5.0 Deliverables of Performance

3.2—Provide Expertise across the S&I Framework (Program Management, Tool Design & Development):

The contractor shall formulate, submit, and maintain a written plan that accomplishes the following:

3.2.1 - Engage experienced health information technology experts and related professionals to participate in the design, development, and implementation of tools and strategies to assess progress with respect to Government-wide health information technology, advanced health information technology funding opportunities, and provide analysis and technical assistance to advance the Office of Interoperability and Standards (OIS) endeavors, and augment OIS current staff to assist in meeting the business, management, budgetary and administrative staffing needs and functions. Outcomes and objectives include, but are not limited to:

(1) Identifying key findings that will also serve as a means through which tools and strategies are assessed and, if needed, modified to capture quality result including best practices, benchmarks, challenges, opportunities for improvement, and recommended solutions; participating in collaborations among key stakeholders during which key findings are communicated.

(2) Engaging and facilitating a wide range of collaboration activities with key stakeholders (e.g. Centers for Disease Control, Department of Defense, Department of Veterans Affairs, Nationwide Health Information Network, Federal Advisory Committees, ONC colleagues, and health care representatives in the private sector)

(3) Engaging in a wide range of outreach activities (i.e. preparing written materials; preparing and conducting presentations; and assisting in the preparation of S&I Framework’s educational forums

(4) Provide meeting management support by scheduling, reserving rooms and equipment, issuing meeting notices, developing agendas and meeting materials, facilitating the meetings with appropriate Subject Matter Experts, and developing and publishing minutes and other action items.

(5) Develop light graphics and PowerPoint presentations. This shall include standard and ad hoc briefing materials for technical and management audiences. Assist in developing solution papers, reports and briefings.

3.2.2 – Provide information technology administrative, strategic, technical, and logistical support and expertise to assist with the overall planning, implementation, administration and evaluation of the S&I program activities.

Outcomes and objectives include, but are not limited to:

(1) Conduct a project start up meeting with the OIS to review the contract, introduce Contractor and Government staff, review and approve a comprehensive work plan and identify and prioritize initial activities. Develop and maintain a comprehensive work plan. The work plan shall provide a written description of a proposed process and strategy to execute all tasks. On a bi-weekly basis, the contractor shall provide OIS in writing a work plan reflecting project activities; task prioritization; resource requirements, including person hours by task; interim milestones to achieve deliverables; interdependencies and intersections with other activities and risk mitigation strategies.

(2) Provide comprehensive services as required to work closely with the S&I teams, maintaining and executing existing OIS plans as well as developing and maintaining comprehensive written work plans

(3) Develop support structures and processes for tracking, measuring, monitoring overall performance of the S&I projects

(4) Guide and oversee stakeholder and work group activities, partner councils, executive steering committee, and various other meetings

(5) Develop reports, briefings, conducting policy analyses and literature reviews as requested by the project officer, and

(6) Assist with the development of a support structure and processes for OIS to track, measure and monitor the overall performance of S&I Projects, including:

a. Contractors' financial management and projected versus actual expenditures

b. The timeline and task dependencies within and among the OIS contractors

c. Contractors progress against milestones and performance measures, including identification of risks regarding the contractor’s ability to provide deliverables on schedule and corresponding risk mitigation plans

d. Progress reports assessing and explaining any gaps or shortfalls in performance and financial status and providing recommended corrective action

e. Technical assistance to ensure compliance with all Federal government polices and to support the contractors in achieving all tasks and deliverables to the extent necessary

3.2.3 - Establish and Manage Sub-Contracting Process to acquire additional expertise

· This process shall be detailed in a sub-contracting plan which will be approved by the COTR/COR.

· It must also include Subject Matter Experts (SMEs), key community leaders, nonprofits and other organizations as needed to support various initiatives under the S&I.

3.2.4 – Tools - When necessary, support the development Tools to support integration of standards into the S&I framework.

For some initiatives, it may be more cost-effective to create an API or interface to standards development organizations that can integrate those standards into the S&I framework. Some initiatives of the S&I framework may need additional tooling support such as Wikis, project management and collaboration web sites.

3.2.5 - Technical Direction Letters (TDL)

Clarification of specific performance requirements and technical direction will be provided by the COTR to the Contractor in multiple written Technical Direction Letters (TDLs) to be issued to the Contractor’s Project Manager as needed over the period of performance. The TDLs will serve to clarify and supplement detailed technical requirements; specify deliverable content; details regarding meeting dates, etc. described in this PWS. The TDLs, upon issuance, will supplement this task order SOW. The Contractor responsibilities, due dates, performance requirements and deliverables stated in the TDLs shall become a binding part of the task order and will have the same force and effect as if they had been a part of this original task order PWS. In no case shall a TDL require work outside the scope of this SOW or direct work that will cause the Contractor to exceed the total ceiling price for either labor or other direct costs in the task order. In no case shall a TDL require the Contractor to incur costs over and above the established ceiling price of the task order. In the event the Contractor believes a TDL exceeds the scope, price or funding of the task order, the Contractor shall immediately bring this to the attention of both the COTR and Contracting Officer in writing prior to commencing any work.

4.0

INSPECTION/ACCEPTANCE APPROVALS

4.1 Progress Reports

The Contractor shall submit monthly progress reports, two copies, one electronic copy and one hard copy to the COTR. The Contractor shall prepare the report on a calendar month basis and submit the reports by the tenth day of the following month. Each monthly progress report shall address the following topics as a minimum:

· Monthly Project Highlights

· Narrative Summary of the months activities

· Roadblocks and Issues

· Year to date Personnel Hours by Labor Category

· Planned Productions and goals

· Status Meeting reports

When applicable, the following travel information must be documented in the monthly report:

· Contact person making the trip

· Destination

· Dates of travel

· Cost

· Approval Date

4.2

ACCEPTANCE CRITERIA

The Contracting Officer Technical Representative (COTR), as a duly authorized representative of the Contracting Officer, shall assume the responsibilities for monitoring the Contractor’s performance, evaluating the quality of services provided by the Contractor, and performing final inspection and acceptance of all deliverables.

The final inspection and acceptance criteria include:

· Extent to which reports, analytics address key issues in the process of managing the S&I initiatives

· Accuracy of information

Unless otherwise specified by the COTR, the general quality measures, as set forth below, will be applied to each work product received from the Contractor.

a. Accuracy: Work Products shall be accurate in presentation, technical content, and adherence to accepted elements of style.

b. Clarity: Work Products shall be clear and concise. Any/All presentations, diagrams, content shall be easy to understand and be relevant to the supporting narrative.

c. Consistency to Requirements: All work products must satisfy the requirements of this statement of work.

d. Timeliness: Work products shall be submitted by the due date specified in this statement of work or submitted in accordance with a later scheduled date determined by the Government.

e. File Editing: All text and diagrammatic files shall be editable by the Government.

f. Format: Work Products shall be submitted in hard copy (where applicable) and in media mutually agreed upon prior to submission. Unless otherwise specified by the COTR, hard copy formats shall follow any specified Directives or Manuals.

5.0 DELIVERIES OR PERFORMANCE

The period of performance is a based period of 24 months.

In fulfillment of this effort, the Contractor shall provide the following deliverables. All deliverables shall be submitted to the COTR, unless otherwise agreed upon. Unless otherwise specified, the Government will have a maximum of ten (10) working days from the day the draft deliverable is received to review the document, provide comments back to the contractor, approve or disapprove the deliverable(s). The contractor will also have a maximum of ten (10) working days from the day comments are received to incorporate all changes and submit the final deliverable to the Government. All days identified below are intended to be workdays unless otherwise specified.

Project Plan

The contractor shall prepare a Project Management Plan describing the technical approach, organizational resources and management controls to be employed to meet the cost, performance and schedule requirements for this effort. The Project Management Plan shall detail the products, methods for developing the products, allocation of staff and other resources necessary to produce the products and a revised timeline for producing the products, if necessary. The COTR shall receive the revised Project Management Plan in both hard copy and electronic form, Microsoft Word. Based on the Project Management Plan, the Contracting Officers Representative (COTR) will provide approval to move forward on activities planned. The contractor shall request prior approval on all activities not included in the plan or any modifications to the plan after approval has been given. (draft due with proposal / final due 10 days after award that shall include the Labor Matrix Attachment B, in the draft Project Plan.)

Monthly Status Report

The contractor shall document the efforts performed in the completion of each task in a detailed Monthly Status Report due on or before the 10th of each Month [timeframe can be changed to accommodate effort/requirements]. Reporting requirements for the monthly status reports will be outlined at the initial kick-off meeting. The status report shall include, at a minimum:

a. Program status to include objectives met, work completed and work outstanding

b. Notable achievements

c. Issues or obstacles impeding progress and recommended solution

d. Status of deliverable/milestones

e. Issues and resolutions

f. Resource planning/status

g. Topics or issues identified by the government COTR

h. Description of work completed and plans for next month

i. Summarize the efforts of each primary task in the Government SOW

j. Monthly reports shall include a Monthly Labor Hours Work Plan as set forth in Attachment B.

Monthly Financial Report

Reporting requirements for the financial reports will be outlined at the initial kickoff meeting. It is expected that these will include, but not be limited to:

Budgeted total and budgeted monthly Hours & Dollars (labor, ODC, Travel, Consultants, etc)

a. Actual hours/dollars expended for the reporting period by unit including breakdown by labor category and name, ODC, consultants, travel, etc

b. Actual hours/dollars expended to date by task including breakdown by labor category and name, ODC, consultants, travel, etc

c. Include task totals and task order total

d. Actual costs to date and for the reporting period (based on actual hours/labor ODC/Travel/consultants, etc dollars)

e. Estimated Cost to Completion

f. Estimated Cost at Completion

g. Task/cost variance (for >10% variance include explanation/analysis)

h. ODC/Travel/consultants, etc progress/costs

Final Report

The contractor shall provide a final report, to the COTR, at the conclusion of this effort. The report will summarize objectives achieved, significant issues, problems and recommendations to improve the process in the future.

Orientation Briefing

Schedule / Kick-off meeting

(CA)+ 1 weeks

Contract Award

(CA)+ 2 weeks

Report on collaboration activities Government/Contractor

(written)

TBD

(written)

TBD

Report Capital Investment

Planning and Control Government/Contractor

(formal agreement)

TBD

Report health information technology funding opportunities Government/Contractor

(formal agreement)

TBD

(formal agreement)

TBD

(formal agreement)

TBD

(written) Contract award completion

5.10 PACKAGING AND MARKING

5.10.1

PACKAGING

All deliverables required under this contract shall be packaged and shipped in accordance with commercial practice so that they are received in immediately usable, and acceptable condition.

5.10.2 Marking

All reports and documentation required as deliverables in accordance with Section 6.2 Deliverable Schedule of this contract shall be marked as follows:

a. Name of the Contractor;

b.

Contract Number; and

c. Title or Description of the item(s) contained therein.

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CONTRACT ADMINISTRATION DATA

6.1

AUTHORITIES OF GOVERNMENT PERSONNEL

The name and address of the COTR assigned to this project is:

(To be determined upon award.)

a) Performance of work under this task order must be subject to the technical direction of the Contracting Officers’ Technical Representative identified above, or a representative designated in writing. The term “technical direction” includes, without limitation, direction to the contractor that directs or redirects the labor effort, shifts the work between work areas or locations, fills in details and otherwise serves to ensure that tasks outlined in the work statement are accomplished satisfactorily.

b) Technical direction must be within the scope of the specification(s)/work statement.

The Contracting Officers’ Technical Representative does not have authority to issue technical direction that:

(1) Constitutes a change of assignment or additional work outside the specification(s)/statement of work;

(2) Constitutes a change as defined in the clause entitled “Changes”;

(3) In any manner causes an increase or decrease in the task order price, or the time required for task order performance;

(4) Changes any of the terms, conditions, or specification(s)/work statement of the task order;

(5) Interferes with the contractor's right to perform under the terms and conditions of the task order; or

(6) Directs, supervises or otherwise controls the actions of the contractor's employees.

c) Technical direction may be oral or in writing. The Contracting Officers’ Technical Representative shall confirm oral direction in writing within five work days, with a copy to the Contracting Officer.

d) The contractor shall proceed promptly with performance resulting from the technical direction issued by the Contracting Officers’ Technical Representative. If, in the opinion of the contractor, any direction of the Contracting Officers’ Technical Representative, or his/her designee, falls within the limitations in (b), above, the contractor shall immediately notify the Contracting Officer no later than the beginning of the next Government work day.

e) Failure of the contractor and the Contracting Officer to agree that technical direction is within the scope of the task order shall be subject to the terms of the clause entitled “Disputes.”

6.2 Invoice Submission

A.

The contractor shall submit invoices monthly. One original invoice complete with all required back-up documentation must be submitted via email to the Contracting

Specialist at Lisa.Durant@psc.hhs.gov.

One copy of the invoice complete with all required back-up documentation must be sent directly to the COTR at (to be completed upon award)

One copy of the invoice with copies of all required back-up documentation must be sent via email PSC_eapproval.cpmt@psc.hhs.gov. directly to the Finance Office for payment. All calls concerning contract payment shall be directed to the general help-line number on (301) 443-3020. The address for the Finance Office responsible for payment is:

DHHS/Program Support Center

Financial Management Services/DFO

Commercial Payments Section

Parklawn Building, Room 16A-12

5600 Fishers Lane

Rockville, Maryland 20857

Telephone Number: (301) 443-3020

B.

In addition to the information required by Section I, Clause 52.232-25 Prompt Payment

Act, the following information is also required for submission of a proper invoice.

1. Contractor's name and invoice date;

2. Contract number;

3. Description, cost, and quantity of property or services actually delivered or rendered;

4. Period of performance for which costs are claimed;

5. Shipping and payment terms;

6. Other substantiating documentation or information as required by the contract;

7. The Internal Revenue Service TAX IDENTIFICATION NUMBER or social security number;

8. Signature of an authorized official certifying the invoice to be correct and proper for payment; and

9. Federal COTR’s name and telephone number.

6.3 Payment by Electronic Funds Transfer Pursuant to FAR 52.232-33, Payment by Electronic Funds Transfer –Central Contractor Registration, payments under this contract shall be made by electronic funds transfer. The Contractor shall register in the Central Contractor Registration database.

6.4 KEY PERSONNEL (HHSAR 352.242-70, January 2006) As prescribed in 342.302(c)(2), the Contracting Officer shall insert the following clause:

Key Personnel (January 2006)

The key personnel specified in this contract are considered to be essential to work performance. At least 30 days prior to diverting any of the specified individuals to other programs or contracts (or as soon as possible, if an individual must be replaced, for example, as a result of leaving the employ of the Contractor), the Contractor shall notify the Contracting Officer and shall submit comprehensive justification for the diversion or replacement request (including proposed substitutions for key personnel) to permit evaluation by the Government of the impact on performance under this contract. The Contractor shall not divert or otherwise replace any key personnel without the written consent of the Contracting Officer. The Government may modify the contract to add or delete key personnel at the request of the contractor or Government.

(End of clause)

6.5 Contractor Performance

Contractor performance shall be evaluated annually. This evaluation will become a part of the contract file and will be used as past performance information in evaluating the Contractor’s and any significant subcontractors’ or affiliates’ past performance on future contracts. Contractor Performance Assessment Report System (CPARS) is an on-line reporting system. The Contractor Performance Report is completed by the Project Officer electronically and sent to the Contractor for review and approval at the end of each performance period as an interim report and at the end of the contract performance as a final report. After review by the Contracting Officer, the report becomes a permanent record of the Contractor’s past performance.

7.0

TRAVEL AND OTHER DIRECT COSTS

The only travel pertinent to this contract is local travel to and from meetings at ONC, which is located at 200 Independence Ave, SW Washington DC 20009. The Government will not reimburse the contractor for local travel.

Travel costs shall be reimbursed based on actual travel. Any contractor travel required by the Government in support of this contract shall be authorized in advance by the COTR and in accordance with Federal Travel Regulations. The Contractor shall invoice and be reimbursed for all travel cost in accordance with Federal Travel Regulations (FAR) 31.205-46.

The Contractor will be reimbursed, not to exceed the amounts stated below, for all domestic travel as described below, incurred directly and specifically in the performance of this contract, claimed by the Contractor and accepted by the Contracting Officer.

When requested by the COTR, the contractor shall perform travel outside the contractor’s normal commuting area. The costs for such travel are not included in the hourly rate of payment for services delivered and are considered to be allowable based upon Federal government per diem rates permitted by the General Services Administration (GSA), Federal Travel Regulations (FTRs) applicable to Federal government employees and Contractors. The contractor is referred to http://www.gsa.gov to “Travel on Government Business”, scroll down to “Federal Travel Regulations.”

In those instances where the contractor has an established travel policy, reimbursement for transportation costs and travel allowances will be made in accordance with the contractor’s established policy, subject to FAR Part 31, the GSA FTRs, FAR 52.216-7 Allowable Cost and Payment (DEC 2002), and the following limitations:

1. The contractor will be reimbursed for travel costs incurred directly and specifically in the performance of work under this contract, claimed by the contractor and accepted by the CO.

2. The contractor is required to make every attempt to obtain the best available travel rate. Travel plans and arrangements should be made sufficiently in advance to allow for discount fares/lodging rates that are available to the general public.

3. Transportation costs shall not be reimbursed in an amount greater than the cost of rail coach class or of economy air travel, unless rail coach class and economy air travel are not available, and the contractor certifies to the facts in the invoice or other documents submitted for reimbursement.

4. The contractor shall be reimbursed for the cost of travel performed by its personnel in their privately owned automobile at the prevailing Federal government rate, not to exceed the cost by the most direct economy air route between the points traveled. If more than one person travels in such automobile, the contractor shall make no additional charge for travel between such points.

5. Travel allowances for per diem shall be reimbursed in accordance with the contractor’s established policy, but in no event shall such allowances exceed the FTRs. Per diem rates may be accessed on http://www.gsa.gov scroll down to “Travel on Government Business” and then click on “Per Diem Rates.”

6. Travel by motor vehicle shall be reimbursed on a reasonable actual expense basis, or at the Contractor’s option, on a mileage basis at the current Federal Travel Regulation rate, plus any toll or ferry charges.

Travel claims shall be submitted on a voucher per instructions provided by the COTR. Listed below is a description of receipts required as attachments to the invoice to support travel claims:

Copy of common carrier ticked reflecting class of travel, dates of travel and amount of fare;

Lodging receipt;

Parking/tolls receipt;

Rental car receipt including receipts for gasoline;

Receipts for taxi travel.

7.1 Other Direct Costs

Other Direct Costs may be incurred under this contract. All Other Direct Costs must be recognized and authorized by the COTR.

8.0

SPECIAL CONTRACT REQUIREMENTS

8.1

AUTHORITY TO OBLIGATE THE GOVERNMENT

The Contracting Officer is the only individual who can legally commit or obligate the Government to the expenditure of public funds. No cost chargeable to the proposed contract can be incurred before receipt of a fully executed contract and/or modification or specific authorization from the Contracting Officer.

9.1

PERSONNEL SECURITY

9.1.1 Background Investigations/Security Clearances

FAR 52.204-9 Personal Identity Verification of Contractor Personnel (Sep 2007)

(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

(b) The Contractor shall insert this clause in all subcontracts when the subcontractor is required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system.

Personnel Security/Suitability clearances (background investigations) may be required for all Contractors and contractor staff, depending upon the initiative supported. Background investigations/security clearance levels may vary depending on HHS/ONC location, the specific position and/or customer agency requirement. In accordance with HHS policy, the contractor and its employees will be required to complete the application for background investigation/security clearance and submit it to the appropriate entity. In certain situations, the contractor may not begin work until the background investigation/security clearance is obtained.

Contractors are also advised that future Federal government security requirements may dictate the necessity for the contractor or Contractor staff to obtain higher-level security clearances (i.e., top secret, secret, etc.). In the event that these higher-level security clearances become necessary, the Contractor will be required to obtain a Facilities Clearance in accordance with the National Industrial Security Program. COTR will assist the Contractor in completion of the appropriate security clearance forms and submission to the Office of Personnel Management, Defense Security Service. The Contractor will be required to provide the materials and supplies needed to obtain a security clearance, such as finger print cards.

9.1.2 Personnel Security Requirement:

Personnel Security Requirement:

HHSAR 304-1300``XXX Security. HHS-Controlled Facilities and Information Systems Security

(a)To perform the work specified herein, contractor personnel will require access to sensitive data, regular access to HHS-controlled facilities and/or access to HHS information systems. The Government has determined the position sensitivity under this effort to be Level 1.

(b) To gain routine physical access to an HHS facility, logical access to an HHS‑controlled information system, and/or access to sensitive data or information, the Contractor and its employees shall comply with Homeland Security Presidential Directive (HSPD)‑12, Policy for a Common Identification Standard for Federal Employees and Contractors; Office of Management and Budget memorandum (M‑05‑24); and Federal Information Processing Standards Publication (FIPS PUB) Number 201; and with the personal identity verification and investigation procedures contained in the following documents:

(1) HHS Information Security Program Policy.

(2) HHS Office of Security and Drug Testing, Personnel Security/

Suitability Handbook, dated February 1, 2005.

(3) HHS HSPD‑12 Policy Document, v. 2.0.

(c) This contract/order will entail the following position sensitivity level(s): To be determined for each Task Order.

(d) The personnel investigation procedures for Contractor personnel require that the Contractor prepare and submit background check/investigation forms based on the type of investigation required. The minimum Government investigation for a non‑sensitive position is a National Agency Check and Inquiries (NACI) with fingerprinting. More restricted positions‑‑i.e., those above non‑sensitive, require more extensive documentation and investigation. The Contractor shall notify the Contracting Officer in advance when any new personnel, who are subject to a background check/investigation, will work under the contract and if they have previously been the subject of national agency checks or background investigations.

(e) Investigations are expensive and may delay performance, regardless of the outcome of the investigation. Delays associated with rejections and consequent re‑investigations may not be excusable in accordance with the FAR clause, Excusable Delays‑‑see FAR 52.249‑14. Accordingly, the Contractor shall ensure that any additional employees whose names it submits for work under this contract have a reasonable chance for approval.''

(f) Typically, the Government investigates personnel at no cost to the Contractor. However, multiple investigations for the same position may, at the Contracting Officer's discretion, justify reduction(s) in the contract price of no more than the cost of the additional investigation(s).

(g) The Contractor shall include language similar to this ``HHS‑

Controlled Facilities and Information Systems Security'' language in all subcontracts that require subcontractor personnel to have the same frequency and duration of (1) physical access to an HHS‑ controlled facility; (2) logical access to an HHS‑controlled information system; (3) access to sensitive HHS data/information, whether in an HHS‑controlled information system or in hard copy; or (4) any combination of circumstances (1) through (3).

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

(i) Within 7 calendar days after the Government's final acceptance of the work under this contract, or upon termination of the contract, the Contractor shall return all identification badges to the Contracting Officer or designee.''

(j) When a contractor's access to HHS‑controlled facilities, information systems, and/or sensitive data/information is of routine, but short‑term duration, and greater access controls are not deemed necessary, the Contracting Officer and Project Officer shall use the applicable guidance cited in OMB memorandum M‑05‑24, dated August 5, 2005, specifically Attachment A, ``HSPD‑12 Implementation Guidance for Federal Departments and Agencies,'' to ensure that‑‑

(1) Adequate OPDIV access controls are applied, and a contractor is granted only limited/controlled access to facilities, systems, and/or sensitive data/information, consistent with the requirements of the acquisition;

(2) Contractor staff are provided with clear OPDIV documentation on the rules of behavior and consequences of their violation before being granted access to facilities, systems, and/or sensitive data/information;

(3) Contractor security violations are documented and reported to the appropriate OPDIV authority within 24 hours of their occurrence; and

(4) Identity credentials issued to contractor staff are visually and electronically distinguishable from credentials issued to individuals to whom the more stringent HSPD‑12 access procedures apply.

9.2

INFORMATION TECHNOLOGY SECURITY

9.2.1.

Security Categories and Levels

The Contractor shall comply with the HHS Information Security Program Contractor Oversight Guide dated November 7, 2006. (Attachment A)

Information Security is applicable to this contract.

The Federal Information Security Management Act of 2002 (P.L. 107-347) (FISMA) requires each agency to develop, document, and implement an agency-wide information security program to safeguard information and information systems that support the operations and assets of the agency, including those provided or managed by another agency, contractor (including subcontractor), or other source. The National Institute of Standards and Technology (NIST) has issued a number of publications that provide guidance in the establishment of minimum security controls for management, operational and technical safeguards needed to protect the confidentiality, integrity and availability of a Federal information system and its information.

The Statement of Objectives requires the contractor to (1) develop, (2) have the ability to access information from, or (3) host and/or maintain a Federal information system(s). Pursuant to Federal and HHS Information Security Program Policies the contractor and any subcontractor performing under this contract shall comply with the following requirements:

Reference: Federal Information Security Management Act of 2002 (FISMA), Title III, E-Government Act of 2002, Pub. L. No. 107-347 (Dec. 17, 2002).

(A). Information Type

[X ] Administrative, Management and Support Information:

ONC grant and financial data.

Reference NIST SP 800-60, Volume II: Appendices to Guide For Mapping Types of Information and Information Systems to Security Categories, Appendix C.

[X ] Mission Based Information:

ONC and Grantee performance data

Reference NIST SP 800-60, Volume II: Appendices to Guide For Mapping Types of Information and Information Systems to Security Categories, Appendix D.

(B). Security Categories and Levels

Confidentiality Level: LOW

Integrity

Level: LOW

Availability Level: LOW

Overall Level: LOW ( C). Position Sensitivity Designations

(1) The following position sensitivity designations and associated clearance and investigation requirements apply under this contract.

Level 1: Non Sensitive (Requires Suitability Determination with an NACI). Contractor employees assigned to a Level 1 position are subject to a National Agency Check and Inquiry Investigation (NACI).

(2) The contractor shall submit a roster, by name, position and responsibility, of all staff (including subcontractor staff) working under the contract who will develop, have the ability to access information from, or host and/or maintain a Federal information system(s). The roster shall be submitted to the Technical Monitor, with a copy to the Contracting Officer, within 14 calendar days of the effective date of the contract. Any revisions to the roster as a result of staffing changes shall be submitted within 15 calendar days of the change. The Contracting Officer shall notify the contractor of the appropriate level of suitability investigations to be performed. An electronic template, “Roster of Employees Requiring Suitability Investigations,” is available for contractor use at: http://ais.nci.nih.gov/forms/Suitability-roster.xls

Upon receipt of the Government’s notification of applicable Suitability Investigations required, the contractor shall complete and submit the required forms within 30 days of the notification.

Contractor/subcontractor employees who have met investigative requirements within the past five years may only require an updated or upgraded investigation.

(3) Contractor/subcontractor employees shall comply with the HHS criteria for the assigned position sensitivity designations prior to performing any work under this contract. The following exceptions apply:

Levels 5 and 1: Contractor/subcontractor employees may begin work under the contract after the contractor has submitted the name, position and responsibility of the employee to the Project Officer, as described in paragraph c. (2) above.

Level 6: In special circumstances the Project Officer may request a waiver of the pre-appointment investigation. If the waiver is granted, the Project Officer will provide written authorization for the contractor/subcontractor employee to work under the contract.

(D).

Information Security Training

(Note: An Agency Sponsored Computer Security Awareness Training course may be substituted in lieu of the HHS course identified below.) ****

The contractor shall ensure that each contractor/subcontractor employee has completed the HHS Computer Security Awareness Training course prior to performing any contract work, and thereafter completing the HHS-specified fiscal year refresher course during the period of performance of the contract.

The contractor shall maintain a listing by name and title of each contractor/subcontractor employee working under this contract that has completed the HHS required training. Any additional security training completed by contractor/subcontractor staff shall be included on this listing. [The listing of completed training shall be included in the first technical progress report (See Article C.2. Reporting Requirements). Any revisions to this listing as a result of staffing changes shall be submitted with next required technical progress report.] (E).

Rules of Behavior The contractor/subcontractor employees shall comply with the HHS Information Technology General Rules of Behavior.

(F).

Personnel Security Responsibilities The contractor shall perform and document the actions identified in the “Employee Separation Checklist”, attached and made a part of this contract, when a contractor/subcontractor employee terminates work under this contract. All documentation shall be made available to the Project Officer and/or Contracting Officer upon request.

(G).

Commitment to Protect Non-Public Departmental Information Systems and Data

(1) Contractor Agreement

The Contractor and its subcontractors performing under this PWS shall not release, publish, or disclose non-public Departmental information to unauthorized personnel, and shall protect such information in accordance with provisions of the following laws and any other pertinent laws and regulations governing the confidentiality of such information:

-18 U.S.C. 641 (Criminal Code: Public Money, Property or Records)

-18 U.S.C. 1905 (Criminal Code: Disclosure of Confidential Information)

-Public Law 96-511 (Paperwork Reduction Act)

(2) Contractor-Employee Non-Disclosure Agreements

Each contractor/subcontractor employee who may have access to non-public Department information under this contract shall complete the Commitment to Protect Non-Public Information - Contractor Agreement.