RFI PTMSS Requirements.docx
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This document is a draft Requirements Document for a potential Indefinite Delivery/Indefinite Quantity (IDIQ) contract for Professional Technical and Medical Support Services (PTMSS) for the U.S. Department of Health and Human Services (HHS) Office of the Assistant Secretary for Preparedness and Response (ASPR).
The contract will provide technical and medical staffing support services to ASPR at multiple locations, both onsite and offsite, during steady-state and response operations. The contract will utilize a hybrid of Firm Fixed Price and Time and Materials/Labor Hour task orders. The period of performance is to be determined. ASPR requires support services across numerous labor categories to assist with its wide-ranging mission, including areas such as emergency preparedness, response, CBRN threat mitigation, acquisitions, IT, and human capital management. Key personnel will include a Senior Contractor Program Manager and Contractor Program Managers. The document outlines requirements for contractor onboarding, offboarding, training, travel, and handling of sensitive/proprietary information. It also addresses government-furnished equipment and information, reporting, and intellectual property rights.
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DRAFT – Requirements Document U.S. Department of Health and Human Services (HHS) Office of the Assistant Secretary for Preparedness and Response (ASPR) for ASPR Professional Technical and Medical Support 1 Objective To provide technical and medical staffing to HHS/ASPR at multiple locations both onsite and offsite and during steady-state and response in support of ASPR Program offices (APOs).
2 Background The Office of the Assistant Secretary for Preparedness and Response (ASPR) is a public health preparedness and emergency response organization in the Office of the Secretary at the United States Department of Health and Human Services. ASPR was created under the Pandemic and All Hazards Preparedness Act in the wake of Hurricane Katrina to lead the nation in preventing, preparing for, and responding to the adverse health effects of public health emergencies and disasters.
The wide scope of ASPR’s mission requires professional staffing services across program and functional mission areas to include: Chemical/Biological/Radiological/Nuclear Threat Response, Advanced Research and Development, Regulatory Affairs, Modeling, Emergency Preparedness, Emergency Management/Response, Logistics Management, Acquisitions/Contracts Management, Policy and Planning, Financial Management Planning and Analysis, Operations and Administrative Management (Travel/IT/Facilities/etc.), Strategic Staffing & Employee Development, Ethics, Public Health Communications and Strategic Stakeholder Engagement.
There is currently a high demand for contractor resources in multiple labor categories that support the ASPR mission, which cannot easily be met through the conventional (or direct) hiring process; therefore, commercial resources are sought to support immediate support requirements across multiple disciplines. The ASPR mission will be critically compromised without the ability to recruit and retain needed support services to maintain ASPR's mission to protect Americans and save lives.
ASPR Organization Chart: https://www.hhs.gov/about/agencies/orgchart/aspr/index.html 3 Contract Overview
3.1 Contract Type
The contract is being considered for an Indefinite Delivery/Indefinite Quantity (IDIQ) contract. A hybrid of Firm Fixed Price (FFP), Time and Materials (T&M)/Labor Hours (LH) task orders will be awarded for performance of contract services.
3.2 Performance
The period of performance is TO BE DETERMINED.
3.3 Place of Performance
ASPR requires professional support in multiple locations consisting of Primary and Secondary locations specific at the Task Order level. ASPR may require contractor support in both the Continental United States (CONUS) and Outside the Continental United States (OCONUS) locations at both government and non-government locations. Unless otherwise specified, all positions by default are Onsite Full-Time Equivalent (FTE).
3.3.1 Primary Locations
· Washington, DC
· Atlanta, GA
3.3.2 Secondary Locations
ASPR Regional Office Locations
| Region |
| City |
| ST |
| ZIP |
| Region 1 |
| Boston |
| MA |
| 02203 |
| Region 2 |
| New York |
| NY |
| 10278 |
| Region 3 |
| Philadelphia |
| PA |
| 19106 |
| Region 4 |
| Atlanta |
| GA |
| 30303 |
| Region 5 |
| Chicago |
| IL |
| 60601 |
| Region 6 |
| Grand Prairie |
| TX |
| 75050 |
| Region 7 |
| Kansas City |
| MO |
| 64106 |
| Region 8 |
| Denver |
| CO |
| 80294 |
| Region 9 |
| San Francisco |
| CA |
| 94103 |
| Region 10 |
| Seattle |
| WA |
| 98104 |
| CONUS |
| See above |
| OCONUS |
| Examples: Guam, Hawaii, Virgin Islands, Japan |
4 Scope of Work The Offeror shall provide professional contractor personnel with the required skills, knowledge, experience, and expertise to support ASPR performing the work described under Contractor Personnel Support Areas listed below in in order to meet the requirements of this contract and task orders for technical and medical support.
4.1 Contractor Personnel
The Offeror shall provide in accordance with the requirements specified herein all contractor personnel, materials, services and facilities as required to conduct the requirements of this award on a firm-fixed price (FFP) or time-and-material (T&M) basis. The Offeror shall propose an appropriate labor mix that meets and/or exceeds the United States Government (USG) performance goals utilizing both industry standards and the labor categories utilized under and propose new labor categories if deemed warranted.
All proposed Offeror personnel shall be sufficient in quantity, availability, experience, and technical qualifications to perform the work described in this statement of work for Technical and Medical Support Areas.
Offerors are not limited to the identified Labor Categories or how they are currently categorized and should propose an appropriate labor mix with categorization of all proposed labor categories to meet all support requirements identified in this requirements document.
4.2 Contractor Professional Support Areas
1. Advanced Research and Development for Chemical/Biological/Radiological/Nuclear (CBRN) Threats, Emerging Infectious Diseases, and Pandemic Influenza
a. Regulatory and Quality Affairs
b. Clinical Studies
c. Scientific/Medical Data Modeling
d. Emergency Preparedness, Response, and Recovery Management Support
e. Biomedical Business Planning and Strategy
2. Systems Engineering and Technical Assistance (SETA)
a. General
b. Portfolio, Program, and Project Management
c. Analyst
d. Engineering
e. Manufacturing
f. Information Technology
g. Business Development/Capture
h. Logistics
i. Regulatory and Quality Affairs/Assurance
3. Logistics Planning, Management, and Support
a. Biomedical Product and Supply Maintenance
4. Acquisitions, Contracts, Grants Management, Auditing and General Procurement Support
a. Other Transaction Authority
b. Federally Funded Research and Development Center (FFRDC)
5. Public Health Emergency Response Planning and Requirements Development
6. Domestic and International Public Health Policy and Research
7. Security Operations Management and Intelligence
8. External Affairs:
a. Communications, Social Media, Conference/Events, and Public Relations
b. Public Health Preparedness and Emergency Response Communications
c. Conference and event planning and execution
d. Strategic Stakeholder Engagement (Legislatures/States/Local USG/Industry/Inter and Intra-Agency)
e. Section 508 Compliance training and remediation
f. American Sign Language Interpretation
9. Federal Financial/Budget Management, Planning, and Data Analysis
10. Federal Travel Coordination and Management
11. USG Facilities, Budget, Planning, Management, Closeout/Transfer, and Analysis
12. Information Technology (IT): (at local and enterprise level)
a. Information Management (Data Coordination/Visualization)
b. Software, web, and system development, deployment, and maintenance
c. Hardware acquisition, installation, deployment, and maintenance
d. Cloud planning, migration, deployment, and maintenance
e. Cyber and System Security
f. Help Desk
g. Systems Training
13. Federal Human Capital Management:
a. Talent Management
b. Strategic Federal Staffing for Recruitment and Retention
c. Employee Development
d. Training Programs Development and Execution
14. Project, Program, and Portfolio Management
15. Industry Engagement:
a. Business Development (BD)
b. Public Relations
c. Customer Relationship Management (CRM)
16. Quality Assurance/Quality Control (QA/QC) and Risk Management
17. Continuity of Operations
18. Subject Matter Experts (SME’s)
a. General
b. Public Health Preparedness, Response, and Recovery See Appendix I – Labor Catalog for a full list of all labor categories that may be requested for performance under this contract and awarded task orders.
Offerors must propose labor categories with Fully Burdened Labor Rates for both Onsite and Offsite performance for all support areas listed above categorized.
If Offerors propose contractors for the same labor category at multiple expertise levels they must identify them as follows:
| Example: | Project Officer Tier I |
| Project Officer Tier II | |
| Project Officer Tier III |
All labor rates shall be considered Full Time Equivalent (FTE) by default unless requested otherwise by USG with a total annual labor hour allocation not to exceed 1920 hours and will be defined at the Request for Task Order Proposal (RTOP) level. Anything less than 1920 hours is considered Part-Time and will be noted accordingly.
The USG expects that Offerors will provide quality candidates for introduction within three (3) business days. If an Offeror cannot provide quality candidates within this timeframe, they are to notify the ASPR Task Order (TO) Contracting Officer Representative (COR) (TO-COR) within one (1) day of receipt, preferably same day, with the date candidates can be provided.
4.3 Consulting Services Subject Matter Experts (SMEs)
The Offeror shall recruit and provide USG access to consulting services. Consulting services will be for temporary, single-effort, delivery specific tasks that are based on proposed fully-burdened labor rates in-keeping with open market labor rates with the ability to enter flexible agreements based on the task (e.g., Firm Fixed Price, Time and Material/Labor Hour, and Cost Reimbursement.
Consulting SMEs will not be considered contractor personnel selections for permanent or ongoing performance under this contract or task orders and therefore will be considered Offsite contractors and subject to full or modified Onboarding procedures based on the requirement(s) identified in the task order.
Consulting services will be related, but not limited to, the following areas:
· Metric and Impact Assessment SME
· Public Relations SME
· Informatics SME
· Big Data SME
· Communications SME
· Social Media SME
· Event Management SME
· Logistics SME
· Venture Capital SME
· Business Development SME
· Project/Program/Portfolio Management SME
· Scientific SME
· Medical/Scientific Writer SME
· STEM SME
· Clinician SME 5 Key Personnel
5.1 Senior Contractor Program Manager (S-CPM)
The Offeror shall provide, at a minimum, one (1) Senior Contract Program Manager (S-CPM) to administer and supervise all furnished services and contractor personnel from their organization selected to support ASPR as corporate-level representative of their organization. S-CPMs are not required to perform Onsite and therefore are not expected to invoice for labor hours under this procurement as they are a corporate-level resource as it relates to the overall performance of the Offeror for the base contract as well as all awarded task orders to the organization.
The S-CPM shall be the primary Offeror point of contact responsible for overall supervision of all contractor personnel and contractor performance under the Base and all ASPR Task Order awards. The S-CPM works directly with the appointed Master Contracting Officer Representative (M-COR) and the Contracting Officer (CO) and Contracting Specialist (CS) (see Appendix III – Government Roles and Responsibilities).
5.1.1 S-CPM Experience
All S-CPMs must have at least five (5) or more years of senior leadership and program/portfolio manager experience or similar work experience. An undergraduate degree in a related field is required for this position, but a graduate degree or above in a related field is preferred.
No special consideration will be afforded S-CPM candidates maintaining a Program Manager Institute (PMI) certification. The USG values proven work experience managing complex projects, programs, and portfolios above independent for-cost past/fail certifications.
5.2 Contractor Program Manager (CPM)
The Offeror shall provide, at a minimum, one (1) Contractor Program Manager (CPM) per awarded Task Order to provide daily management of all contractor personnel under all awarded Task Orders (TOs). Offerors can as part of their proposal propose more than one (1) CPM but are expected to justify any additional CPMs proposed including workload and labor costs. The CPM works directly with Task Order CORs (TO-CORs) and/or Technical Monitors (TMs), if applicable, as required. It’s recommended, but not required, that CPMs perform onsite, offsite, or a hybrid but must clear HHS onboarding to be issued an HHS Contractor ID Badge, and therefore are expected to invoice for labor hours under this procurement. CPMs provide daily management and oversight over all contractor personnel from their organization performing under this contract in support to ASPR Program Offices (APOs) and work directly with all TO-CORs as required.
USG expects that all Key Personnel for whom resumes are submitted with the Offerors proposal shall be committed to this award for the entirety of its performance, with confirmation provided via a signed Letter of Commitment as part of proposal submission. The Offeror is free to combine Key Personnel roles if a single person can successfully account and perform the work of multiple positions, but a sufficient justification must be provided due to the increased risk of a single point of failure. For each additional Key Person proposed, the Offeror shall provide a rationale and full description of the proposed key role, responsibilities of the position, a resume, and a copy of a fully executed Letter of Commitment. During the first 180-days of award no Key Personnel substitutions by the Offeror will be permitted unless such substitutions are necessitated by an individual's sudden illness, death, or termination of employment.
5.2.1 CPM Experience
All CPMs must have at least five (5) or more years of leading programs with program manager experience. An undergraduate degree in a related field is required for this position, but a graduate degree or above in a related field is preferred.
No special consideration will be afforded CPM candidates maintaining a Program Manager Institute (PMI) certification. The USG values proven work experience managing complex projects, programs, and portfolios above independent for-cost past/fail certifications.
5.3 Substitution of Key Personnel
Following this 180-day period, any necessary substitution, diversion, or replacement of Key Personnel shall require advance USG approval with a minimum of 30-day written notice to the CO, CS, and M-COR of the intended change prior to implementation to ensure no break in service and support.
The Offeror will provide the information required for the replacement individual. All replacements of key personnel shall provide equal or greater education, skills, expertise, and experience in order to be accepted as a suitable replacement. Key Personnel shall not be substituted or replaced without prior written approval of the CO.
5.4 Employment of Key Personnel
All key personnel shall be (1) an employee of the Offeror and (2) have a fully executed Letter of Commitment by the Offeror prior to award.
5.5 Non-Key Personnel
Additionally, representative resumes of proposed contractor support personnel possessing the skills and experience necessary to provide the support and perform the services proposed shall also be included. It is acceptable for Non-key Personnel resumes to be submitted as a sample representative of the proposed Labor Mix and should be attached to the Technical Proposal as an Appendix so as not to count against Technical Proposal page limitations.
Resumes submitted by the Offeror to USG for selection consideration must be of a consistent format, established by the Offeror and maintain a high standard of quality, completeness, and accuracy (See Appendix II – HHS Contractor Resume Security Requirements) to ensure timely review by USG.
Resumes submitted by the Offeror with errors, misspellings, and incorrect/not supported or inaccurate information will be considered non-compliant and a performance failure regarding the Offerors ability to successfully recruit and negatively impacts USG onboarding of critically needed contractor personnel.
6 Transition Plan The Offeror shall provide a plan for transitioning to the new contract within 30, 60, or 90 calendar days, negotiated at the time of award, from the date of award that must address the following:
1. Within five (5) business days from the date of award the Offeror shall meet with Incumbent, if applicable, to address the following:
a. Gain or provide current knowledge of active performance support to APOs
b. Identify issues and risks, and ensure a joint understanding of what is required
c. Agree on the process and timelines that will be followed
d. Confirm key staff and their roles
e. Confirm a communication plan for both the Offeror and Incumbent at all levels
f. Finalize administrative details
g. Report out to the M-COR and CO/CS status of the above
2. Develop a plan within 20 days (five days for Incumbent meeting is inclusive of these 20 days) of award that includes:
a. Retaining personnel and/or recruitment of vacant positions including a clear strategy addressing all vacant positions mapped to position descriptions in a matrix format Task Order planning, management, execution, and closeout without affecting ongoing work and work management.
i. Ongoing work under the Incumbent contract during transition cannot be adversely affected due to transition performance
b. Continuous Contractor Performance Management, including contractor’s processes and procedure(s) to address their employees’ failure to perform
i. Should the contractor determine that his/her employee is to be replaced, the CPM will provide a plan to the Master COR and TO-COR within 24, no more than 48 hours, including:
1. Confirmation of engagement with the TO-COR and/or Technical Monitor to ensure there will be no negative impact to ongoing support
2. Collection of all GFE issued and completion of all required offboarding paperwork
3. Accountability of all GFI and
4. Ensuring a smooth transition with minimal disruptions to ongoing performance by other contractors
c. Training/continuous education of Offerors employees, cost control, program management, corporate practices, etc., to ensure all Offerors employees are fully prepared to perform on the first day performance begins
d. Financial Management and QA with performance metrics for the transition and throughout contract performance
e. Risk Mitigation with metrics for the transition and throughout contract performance at both the contract Organizational Conflicts of Interest (OCI) and contractor Conflicts of Interest (COI) levels
3. Submit Transition Plan to M-COR and CO/CS for review
6.1 Communication with Stakeholders
Communication is a key element of transition along with managing the associated changes. Communication in relation to the new contract arrangements should occur with all stakeholders, including:
1. Staff impacted by the change (Key Personnel, sub-Offerors, consultants, etc.)
2. Customers impacted by the new contract arrangements Contracting Officer Representative (COR), Administrative Officer (AO), Technical Monitor (TM) if applicable, and the Contracting Officer (CO) and Contracting Specialist (CS) This should ensure that all stakeholders are aware of the changes, any issues are identified early and that the new arrangements are implemented as smoothly as possible.
6.2 Transition as Outgoing Offeror
In the last 90-days of the period of performance of the resulting contract, if USG maintains its requirement for professional administrative support services, and the now Incumbent is not issued an award under the follow-on contract, the now Incumbent shall assist USG and the New Offeror(s) with transition.
7 Government Furnished Equipment (GFE) and Information (GFI) Where appropriate and as required for tasks, the USG will provide workspace, telephone service, connectivity to the HHS LAN/WAN and office furnishings for all Offeror personnel selected to perform Onsite at USG facility. The Offeror is required to provide all support, equipment, and services needed by Offsite personnel in order for performance to be fully rendered.
7.1 Onsite Contractors
Onsite contractors are defined generally as contractors who are:
1. Required to perform onsite at a government location
2. Require issuance of an HHS Contractor ID badge
3. Require access to government information and systems
7.2 Offsite Contractors
Offsite contractors are defined generally as contractors who:
1. Are not required to perform onsite at a government location
2. May not require issuance of an HHS Contractor ID badge
3. May not require access to government information and systems All Offsite contractor performance must be conducted at the Offerors facility and/or a telework ready facility at no additional cost to USG and will not be provide GFE. All equipment, software, and services required for Offsite contractor performance will be provided by the Offeror at no additional cost to the USG. Specific requirements for Onsite vs Offsite contractors, which in some cases may be a combination of both (i.e., Hybrid Contractors), will be specified at the Task Order level.
Onsite contractors as part of being provided workspace at the USG’s location will be issued a standard GFE package (subject to change at any time) that includes the following:
· HHS Contractor ID badge
· One (1) Laptop
· One (1) wired or wireless keyboard and one (1) wired or wireless computer mouse
· One (1) computer monitor
· One (1) mobile phone, if applicable
· One (1) Encrypted External Hard drive (EEHD), if applicable
· Access to USG systems, if applicable All contractors during performance is responsible for all GFE and must report to the S-CPM immediately if any GFE is lost, damaged, or destroyed. All GFE and related software, if applicable, must be returned to USG in the same condition and operating status it was issued upon completion of this contract or the contractor’s performance under this contract.
The Offeror may be financially liable for damaged, lost, or misplaced GFE by its employees during performance and is strongly encouraged to ensure all of its employees are continuously trained to maintain all GFE in good working condition and within their possession at all times during performance under this contract.
Access to USG systems will be provided on an as needed basis dependent upon the requirements of contractor’s support role and responsibilities. All information provided by ASPR or other USG federal agencies/organizations in conjunction with support under this contract or its Task Orders is to be considered Procurement Sensitive and Privileged information that cannot be shared in any capacity with any third-party unless directed in writing by the CO/CS.
8 Requirements for handling Sensitive/Proprietary Information The Offeror shall guarantee strict confidentiality of the information/data that is provided by the USG during performance of the contract. The USG has determined that the information/data the Offeror will be provided or gain access to during performance of the contract is procurement sensitive and privileged information and cannot be disclosed, in whole or in part, in any manner to any persons, parties, or organizations outside of ASPR.
Disclosure of any information/data, in whole or in part, can only be authorized with advanced written notice to the Offeror from the CO/CS. Whenever the Offeror is uncertain with regard to the proper handling of information/data under this contract, the Offeror shall request and receive written direction from the CO before taking any action.
If the Offeror is made aware of or learns of improper handling of any information/data, in whole or in part, by any of its employees under this contract it must report the incident with as much information as can be provided immediately, this includes after standard work hours or over weekends if applicable, to the CO.
9 National Security Clearance Contractors required to have an active security clearance will be defined at the Task Order level. Details regarding any contractor required to have an active security clearance to be granted access to national security information related to classified work they are performing at HHS/ASPR will be identified in the Task Orders work statement as ‘Security Requirements’.
9.1 Top Secret with Sensitive Compartmented Information (SCI) (TS-SCI) Onsite contractor personnel may be required to have access to national security information up to the Top Secret - SCI clearance level, which requires a completed/favorably adjudicated Tier 5 (Special Sensitive) security background investigation and, if required, must be provided at the time of proposal submission with candidate resumes/CVs.
Cleared Onsite contractors will require special access to the Open Secret Storage (OSS) in the O’Neill building, desk space in the OSS, classified systems access (e.g., Homeland Secure Data Network (HSDN)), and access to classified information for review and development of additional materials. Additionally, the contractor(s) will have episodic access to Joint Worldwide Intelligence Communications Systems (JWICS) terminals in the Office of National Security for classified systems access (JWICS and HSDN) and to process classified information for review, briefing, and development of additional ASPR materials. Contractor(s) will be expected to maintain current training on derivative materials. Contractor(s) will also attend offsite classified meetings as necessary to achieve tasks and upon request otherwise.
9.2 Top Secret (TS)
Onsite contractor personnel may be required to have access to national security information up to the Top Secret clearance level, which requires a completed/favorably adjudicated Tier 5 (Critical Sensitive) security background investigation and, if required, must be provided at the time of proposal submission along with the resumes submitted.
Cleared onsite contractors will require special access to OSS in the O’Neill building, desk space in the OSS, classified systems access (e.g., HSDN), and access to classified information for review and development of additional materials. Additionally, the contractor(s) will have episodic access to HSDN terminals in the Office of National Security for classified systems access and to process classified information for review, briefing, and development of additional ASPR materials. Contractor(s) will be expected to maintain current training on derivative materials. Contractor(s) will also attend offsite classified meetings as necessary to achieve tasks and upon request otherwise.
9.3 Secret
Onsite contractor personnel may be required to have access to national security information up to the Secret clearance level, which requires a completed/favorably adjudicated Tier 3 (Non-critical Sensitive) security background investigation and, if required, must be provided at the time of proposal submission along with the resumes submitted.
Cleared onsite contractors will require special access to OSS in the O’Neill building, desk space in the OSS, classified systems access (e.g., HSDN), and access to classified information for review and development of additional materials. Additionally, the contractor(s) will have episodic access to HSDN terminals in the Office of National Security for classified systems access and to process classified information for review, briefing, and development of additional ASPR materials. Contractor(s) will be expected to maintain current training on derivative materials. Contractor(s) will also attend offsite classified meetings as necessary to achieve tasks and upon request otherwise.
10 Reporting Deliverables The Offeror shall provide routine performance reports deliverables to the M-COR with cc to TO-CORs and CO/CS as follows:
| Report |
| Due Date |
Bi-Weekly Performance and Recruitment Report: Includes information on the status of contractor performance and recruitment for all vacant positions
Second and Fourth Wednesday of every month
Monthly Performance Report: Covers all contractor performance for an entire month of performance, including work schedules and contact information (in the event of an emergency) for all contractors
Second Wednesday of each month for previous month’s performance
Annual Report: Covers all contractor performance for an entire year of performance
Second Wednesday of the month following the close of task order performance
| GFE Report: Living report that confirms all GFE is accounted for at all times during contract and task order performance, and specifically during contractor on and offboarding |
| Quarterly |
| COI/OCI Report: Living report that covers continuous COI/OCI monitoring, control, and mitigation |
| Second Wednesday of each month for previous months performance, or as needed |
Additional reporting may be required and defined at the Task Order level.
11 Records/Data All data, models, code, tools and deliverables developed under this requirement shall remain the property of the USG and USG shall retain unlimited rights. Offeror shall be required to interface with other USG contractors as well as various USG and international entities.
Subsequent use of any software developed under this contract for commercial purposes by the Offeror or any other entity may occur only after a properly filed Freedom of Information Act (FOIA) request has been approved by the USG. Any such subsequent use shall attribute the origin of the software to the client.
All deliverables shall become the sole property of the USG. The USG, for itself and such others as it deems appropriate, will have unlimited rights under this contract to all information and materials developed under this contract and furnished to the USG and documentation thereof, reports and listings, and all other items pertaining to the work and services pursuant to this agreement including any copyright. Unlimited rights under this contract are rights to use, duplicate, or disclose data, and information, in whole or in part in any manner and for any purpose whatsoever without compensation to or approval from the Offeror. The USG will at all reasonable times have the right to inspect the work and will have access to and the right to make copies of the above-mentioned items. All digital files and data, and other products generated under this contract, shall become the property of the USG.
12 Copyrights Any software and computer data/information developed under this contract shall have the following statement attached to documentation:
“This computer program is a work effort for the United States (USG) and is not protected by copyright (17 U.S. Code 105). Any person who fraudulently places a copyright notice on or does any other act contrary to the provisions of 17 U.S. Code 506(c) shall be subject to the penalties provided therein. This notice shall not be altered or removed from this software or digital media and is to be on all reproductions.”
13 Rules of Behavior
13.1 Contractor Onboarding
IMPORTANT: The following information provided is current as of the time this document was authored and any part of this process is subject to change outside of ASPR’s immediate control. Offerors are encouraged to establish internal processes and procedures to manage contractor on/offboarding using this information as a baseline and accept that changes in requirements can be issued at any time during performance under this contract.
All contractors, on/offsite, must undergo HHS onboarding, which is coordinated by multiple ASPR government personnel, including but not limited to:
1. ASPR TO-COR
2. ASPR CO/CS
3. APO Administrative Officer (AO)
4. ASPR Security Officer
5. Other POCs as required (e.g., foreign nationals) HHS/OS onboarding requires a background investigation, finger printing, web-based government training, and web-based clearance forms and applications to be completed by the applicant per direction of the TO-COR, AO, and HHS Security Officer. Most notices are issued electronically via email to the applicants personal or business email listed on their resume/CV, but are sometimes incorrectly flagged as spam/junk, therefore it is the responsibility of the CPM to ensure the applicant understands this and checks for all notices to ensure they are received and completed in a timely manner. All onboarding actions are time sensitive and shall be completed in-keeping with all provided due-by dates, failure to do so will result in further delays onboarding processing.
The HHS onboarding process takes on average between 30-60 days (30-90 days or more for foreign nationals), therefore the CPM is required to take this time into account to ensure the contractor completes all onboarding tasks timely, and when providing the TO-COR an estimated contractor start date.
The CPM can consider providing access to a contractor initially under offsite performance and transition them to onsite performance after they’ve cleared HHS onboarding if immediate access to the contractor is available and required by ASPR.
13.1.1 Onboarding Process
1. Contractor submits their applicant, including their current resume and/or CV
a. It is USG’s expectation that Offerors will provide quality candidates via resumes/CVs within three (3) business days of request. If an Offeror cannot provide candidate resumes within this timeframe, they are to notify the APO COR within one (1) day of receipt, preferably same day, of the date resumes can be provided.
2. USG reviews resumes and may request a Meet-and-Greet with the applicant
a. The USG does not interview contractor applicants and Meet-and-Greets must not be labeled, titled, or referred to as interviews in any part by the Offeror
b. If accepted, a Meet-and-Greet can be via telecom, video conference, or in person and are coordinated by the CPM and TO-COR
c. If the contractor decides the candidate is no longer being considered, the Offeror must submit alternate candidates when available
3. If contractor selects candidate, the TO-COR will notify the CPM and the Offeror is required to perform a Conflict of Interest (COI) and Organizational Conflict of Interest (OCI) check and provide confirmation to the TO-COR of the following:
a. There are no known or perceived COI and/or OCI items
b. There are known or perceived COI and/or OCI items
i. Regardless if COI/OCI items are found or not, the contractor is required to conduct continuous COI/OCI monitoring of its employees throughout performance under this contract and is to report any perceived or known COI/OCI items to the TO-COR immediately once identified with its mitigation plan to address for USG review and consideration
c. If there are COI/OCI items identified, the contractor’s submitted mitigation plan is submitted to the TO-COR for review
i. The ASPR Program Office Director, or their designee, will review all COI/OIC mitigation plans and either accept or reject
4. The TO-COR will notify the CPM if a submitted COI/OCI mitigation plan is either accepted or rejected.
a. If rejected, the candidate is no longer to be considered by the contractor, and the contractor is to submit alternate candidates
b. If accepted, the CPM is to provide notice to the TO-COR with the following:
i. Confirmation the applicant has accepted the contractor’s offer and/or tentative offer of hire
ii. Applicant’s signed COI/OCI mitigation plan, if applicable
iii. Applicant’s resume/CV including all HHS Contractor Resume Security Requirements (see Appendix 2)
iv. Any resume submitted not meeting all HHS Contractor Resume Security Requirements will be rejected and may result in further Onboarding delays
5. Once all required items for Onboarding are submitted to the TO-COR by the CPM, the TO-COR will issue notice to the APO Administrative Officer to start onboarding
13.1.2 Change of Contractor Performance Status during Onboarding During the Onboarding process if there are any issues or changes that impact the selected contractor from completing Onboarding, the CPM will immediately notify the TO-COR and the APO Administrative Officer.
All positions by default are considered onsite FTE, unless stated otherwise at the Task Order level.
13.3 Contractor Offboarding Process
Continuous Contractor Performance Management, including processes and procedures for failures to perform, applies to all contractors onboarded to support this contract.
If the Offeror issues notice to USG that an individual is no longer a contractor employee and/or is unable to continue performance, which can be modified at any time without advance notice, the following applies:
1. Once notification is issued and received by the CPM that the contractor has removed his/her employee from the contract, it is USG’s expectation that the CPM provide within 24-hours, no more than 48-hours, acknowledgement of the notice of this action shall be provided to the M-COR, TO-COR, and CO/CS including, but not limited to, the following:
a. Confirmation of engagement with the TO-COR and/or Technical Monitor to ensure no negative impact to ongoing support
b. Collection of all applicable GFE issued
c. Accountability of all applicable GFI
d. Transition of all working documentation and information related to performance
e. Completion of all required offboarding paperwork and
f. Ensuring a smooth transition with minimal disruptions to ongoing performance by other contractors It is USG’s expectation that the CPM will handle all required actions and communications with its employee as it deems necessary and will reasonably keep the M-COR and CO/CS informed of any issues or concerns throughout the offboarding process until complete.
Any change to place of performance status for all contractors performing under this contract requires advance notice be issued to the CO/CS and TO-COR for review and acceptance prior to executing the change.
13.4 Contractor Self-identification
All contractors, regardless of performance status, when communicating to or on behalf of the USG must clearly self-identify as a contractor in support of ASPR in the communication (e.g., email or verbally when networking at a conference, meetings, events, business cards, etc).
Under no circumstances is a contractor at any time while performing under this contract to intentionally, or through perception or assumption, cause any person, party, or organization to believe they are a Federal employee, and not a contractor in support of ASPR.
13.5 Contractor Speaking Engagements
If a contractor is invited to speak/present at a meeting, conference, or event based on his/her role as a contractor in support of ASPR the CPM must adhere to and do the following:
1. Provide advanced notice to the TO-COR of the request or invitation for the contractor to present or speak for review and approval
a. A request to present or speak can be from both an external or internal source, and internal includes a request for a USG employee or office, which includes all APOs
2. If approved, the contractor is required to use the ASPR’s Microsoft PowerPoint template and clearly identify his/herself as a contractor in support of ASPR
a. All contractor presentations on behalf of ASPR must be submitted to the contractors TO-COR for review and approval prior to use
3. If approved, the TO-COR will notify the CPM and the contractor can proceed with the engagement If a contractor is invited to speak at a conference, meeting, or event based on their professional status or based on their employment status with the Offeror, and it is unrelated to the contractor’s role and support of ASPR and no reference to any ASPR work, past or present, is expected, the contractor is to seek approval from their employer the Offeror. If approved, the contractor is required to provide their TO-COR notice of the engagement only as it relates to ensuring their performance under the contract is not put at risk and contractor issued paid time off/annual leave will be used.
13.6 Contractor Travel
The USG will not pay for or reimburse for any costs, including travel (local, CONUS, or OCONUS) related to a contractor speaking at a conference, meeting, or event that is unrelated to their role as a contractor supporting ASPR. These costs in whole are the responsibility of the Offeror to account for and cannot be submitted for reimbursement, in whole or in part, through the use of funds under this contract.
The USG will not provide nor reimburse for the cost of official business cards for contractors under this contract. If the Offeror issues business cards to its employees that reference the employee’s role under this contract, the business cards must clearly identify the employee as a contractor in support of ASPR.
Contractor personnel may be required to travel to accomplish work under this contract. All travel must be approved prior to the start of travel in writing by the TO-COR and must be in accordance with the Federal Travel Regulations (41 CFR 300 - 304) and all applicable HHS and ASPR travel policies and regulations.
The contractor shall not be reimbursed for any unauthorized travel. The Government will reimburse the contractor only for travel and costs within per-diem in the performance of this contract and applicable awarded Task Orders.
13.6.1 Contractor Travel Approval Process
1. Contractor submits travel request to CPM and TO-COR
2. CPM confirms that the travel request includes confirmation from the applicable APO approving contractor travel
a. The travel request must include a written request (email will suffice) from an APO Division Director, Deputy Director, Branch Chief, Technical Monitor or the TO- COR requesting the contractor travel on behalf of the APO on official government business.
b. Any travel request that does not include this will be denied and returned to the CPM.
3. CPM confirms the contractor personnel being requested to travel has completed any and all training required to travel on behalf of the Government
4. CPM confirms there are available Travel ODC funds to cover the entire cost to travel
a. CPM prepares the travel cost estimate and submits the total package to the TO-COR for review and approval:
b. Complete Domestic travel requests must be submitted for TO-COR review a minimum of two (2) weeks prior to the start of travel
c. Complete International travel requests must be submitted to the TO-COR for review a minimum of three (3) weeks prior to the start of travel
5. If approved, the TO-COR will inform the CPM in writing of authorization to travel and the contractor can then travel in support of the Government
13.7 Contractor Telework/Offsite Performance
ASPR’s Telework Policy allows Federal employees, and Onsite Contractors in support of Federal employees, the opportunity for “unscheduled leave or unscheduled telework” in the event of hazardous road conditions in the winter months. This contract extends that policy to Contractors who are authorized to telework by their employee with coordination from the TO-COR.
All Onsite personnel are eligible by default for Episodic Telework at the TO-COR and Contractor’s discretion and in accordance with all HHS and ASPR Telework policies and procedures. Onsite personnel may also be eligible for regular and recurring telework at the discretion of the Contractor with coordination from the TO-COR. However, all Onsite personnel are required to report physically to their official workstation at least two days per bi-weekly pay period in order to maintain Onsite performance status, otherwise they will be considered Offsite. Daily work schedules will be managed by an identified Technical Monitor (TM), who must be a Federal employee, with COR oversight as needed.
13.8 Contractor Training
The Government does not provide funding for the training of contractors performing under this contract and Task Orders awarded under this contract.
Any exceptions to this must be submitted to the Government in advance for review and authorization by the TO-COR and/or CO/CS prior to performance of any training class or program.
Any training performance by a Contractor under this contract, and any awarded Task Orders under this contract, that does not receive advance authorization will be considered non-compliant and unauthorized performance by the Contractor, and the Government will not reimburse any costs related to this performance.
13.8 Overtime
Overtime may be required as part of performance during emergency situations. As a result of an emergency, the Government may require performance of services outside of standard workday hours (8:00AM to 5:00PM), on Saturdays and Sundays, and on Federal and OMB recognized holidays that may exceed the total hours within a billing period (40 hours per week, 160 hours per month).
Throughout performance under this contract the Contractor must request in advance and receive written approval from the TO-COR and/or CO/CS for overtime, which the request including a justification and estimated cost of hours for overtime with supporting documentation from APO Executive Leadership prior to performance of overtime hours (e.g., must have delegated authority of APO funds and/or contracts. First-line Supervisors are not at a sufficient level to authorize contractor overtime unless specifically delegated this authority by their APO Executive Leadership).
Upon review of the request the CO/CS may issue approval or notify the CPM that a contract modification is required before overtime can be authorized.
Any Overtime performance by a Contractor that does not receive advance written approval by both the TO-COR and CO/CS will be considered non-compliant and unauthorized performance by the Contractor, and the Government will not reimburse any costs related to this performance.
14 Government Issued Contractor Business Cards The Government does not fund nor issue business cards for contractors performing under this contract and awarded task orders.
Any business cards required for performance of a contractor under this contract, and awarded Task Orders, must be funded by the Contractor’s employer and related costs will not be reimbursed by the Government, with the only exception being if ODCs for Materials are authorized and utilized at the Task Order level. If ODCs for Materials are authorized and utilized at the Task Order level, any business cards issued to contractors performing under this contract, and awarded Task Orders, but adhere to Contract Self-Identification rules (see C13.4 Contractor Self-Identification).
15 Software Acquisition The USG may request that the Offeror as part of performance under this contract to acquire software, including Software as a Service (SAAS), which is determined at the Task Order level. The USG must request and approve software purchases if the Offeror intends to be reimbursed for the cost and determines the software necessary to fulfill its performance requirement. No software may be acquired by the Offeror if it intends to be reimbursed for the cost using contract funds without advance approval from the TO-COR.
15.1 Commercial Off the Shelf (COTS) Acquisition
The USG may request that the Offeror as part of performance under this contract to acquire COTS items and COTS-related software resources for the use by contractors and USG personnel, including Infrastructure as a Service (IAAS) and/or Platform as a Service (PAAS), which is determined at the Task Order level. No COTS or COTS-related software resources, may be acquired by the Offeror if it intends to be reimbursed for the cost using contract funds without advance approval from the TO-COR.
16 SUBCONTRACTS
Prior written consent from the Contracting Officer in the form of a Contracting Officer Authorization (COA) is required for any subcontract. The Contracting Officer shall request appropriate supporting documentation in order to review and determine authorization, pursuant with FAR Clause 52.244-2, Subcontracts. After receiving written consent of the subcontract by the Contracting Officer, a copy of the signed, executed subcontracting and consulting agreement shall be provided to the Contracting Officer within ten (10) calendar days. Notice: Consulting agreements are treated as subcontracts and subject to the ‘consent to subcontract’ provision set forth in this solicitation.
Provide the COR, CO and CS with e-mail notification of subcontracts that will not require a COA (as described above) prior to implementation of the subcontract agreement.
Subcontracting Plan is required for this requirement and is part of the evaluation criteria.
17 NO PERSONAL SERVICES OR INHERENTLY GOVERNMENTAL
Pursuant to Sub-part FAR 37.1, no personal services shall be performed under this contract. All work requirements shall flow only from the COR to the Offeror's Project Manager. No Offeror employee will be directly supervised by the Government. All employee assignments, and daily work direction, shall be given by the applicable Offeror supervisor. If the Offeror believes any Government action or communication has been given that would create a personal services relationship between the Government and any Offeror employee, the Offeror shall promptly notify the Contracting Officer of this communication or action.
Pursuant to FAR 7.5, the Offeror shall not perform any inherently governmental actions under this contract. No Offeror employee shall hold him or herself out to be a Government employee, agent, or representative. No Offeror 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, Offeror employees shall identify themselves as Offeror employees and specify the name of the company for which they work. In all communications with other Government Offerors in connection with this contract, the Offeror employee shall state that they have no authority to in any way change this contract and that if the other Offeror believes this communication to be a direction to change their contract, they shall notify the Contracting Officer for that contract and not carry out the direction until a clarification has been issued by the Contracting Officer.
The Offeror 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 this 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.
18 PACKAGING, MARKING AND SHIPPING
All deliverables required under this contract shall be packaged, marked and shipped in accordance with Government specifications.
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