RFP 75D301-20-R-68088 8.10.pdf

PAGES

15A. NAME

AND

ADDRESS

OF

OFFEROR

SEC. PAGE(S) SEC. PAGE(S)

(Date) (Hour)

CALENDAR DAYS

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amend-ments to the SOLICITATION for offerors and related documents numbered and dated:

(Type or Print)

SOLICITATION, OFFER AND AWARD 1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

RATING

PAGE OF

1 55

2. CONTRACT NO.

75D30120D09134

3. SOLICITATION NO.

75D301-20-R-68088

4. TYPE OF SOLICITATION

SEALED BID (IFB)

X NEGOTIATED (RFP)

5. DATE ISSUED

08/10-/2020

6. REQUISITION/PURCHASE

NO.

0000HCCL-2020-47732

7. ISSUED BY CODE 436 8. ADDRESS OFFER TO (If other than Item 7)

Centers for Disease Control and Prevention (CDC)

Office of Acquisition Services (OAS)

626 Cochrans Mill Rd

Pittsburgh, PA 15236-0070

Approved as to Form and Legality: _____________________________

NOTE: In sealed bid solicitations “offer” and “offeror” mean “bid” and “bidder.”

SOLICITATION

9. Sealed offers in original and 1 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in 1 electronic copy to ygf3@cdc.gov until11:00AM EST Aug 24, 2020

CAUTION -- LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME

Abbie Jemmott

B. TELEPHONE (NO COLLECT CALLS)

AREA CODE NUMBER: EXT:

(412) 386-6433

C. E-MAIL ADDRESS

Ygf3@cdc.gov

11. TABLE OF CONTENTS

(x) DESCRIPTION (x) DESCRIPTION

PART I – THE SCHEDULE PART II – CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM 1 X I CONTRACT CLAUSES 20

X B SUPPLIES OR SERVICES AND PRICES/COSTS 2 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

X C DESCRIPTION/SPECS./WORK STATEMENT 4 X J LIST OF ATTACHMENTS 31

X D PACKAGING AND MARKING 6 PART IV – REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE 7 REPRESENTATIONS, CERTIFICATIONS, AND

X F DELIVERIES OR PERFORMANCE 8 X K OTHER STATEMENTS OF OFFERORS 32

X G CONTRACT ADMINISTRATION DATA 9 X L INSTRS., CONDS., AND NOTICES TO OFFERORS 40

X H SPECIAL CONTRACT REQUIREMENTS 13 X M EVALUATION FACTORS FOR AWARD 48

OFFER (Must be fully completed by offeror)

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52-232-8)

10 CALENDAR DAYS

20 CALENDAR DAYS

30 CALENDAR DAYS

AMENDMENT NO. DATE AMENDMENT NO. DATE

CODE FACILITY 16. NAME AND ADDRESS OF PERSON AUTHORIZED TO SIGN OFFER

15B. TELEPHONE NO.

AREA CODE NUMBER EXT.

15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

17. SIGNATURE

18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

21. ACCOUNTING AND APPROPRIATION

10 U.S.C. 2304(c)( ) X 41 U.S.C. 253(c)( ) 23. SUBMIT INVOICES TO ADDRESS SHOWN IN (4 copies unless otherwise specified)

ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE 434

Centers for Disease Control and Prevention (FMO)

PO Box 15580 404-718-8100

Atlanta, GA 30333-0080

26. NAME OF CONTRACTING OFFICER (Type or print)

Abbie Jemmott

27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

28. AWARD DATE

IMPORTANT -- Award will be made on this form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 33 (REV. 9-97)

PREVIOUS EDITION IS UNUSABLE Prescribed by GSA

FAR (48 CFR) 53.214©

K

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

ITEM SUPPLIES / SERVICES QTY / UNIT UNIT PRICE EXTENDED PRICE

0001 Post-Market Testing and Evaluation of Filtering Facepiece Respirators

Estimated Period of Performance:

36 Months After Contract Award

1 Job Not Separately Priced (NSP)

NSP

B.1 PURPOSE

The purpose of this contract is to provide services that fall within the scope of the work specified in Section C for the project entitled, “Post-Market Testing and Evaluation of Filtering Facepiece Respirators”. The Contracting Officer (CO) will request work through the issuance of task orders during the ordering period as specified in Section F of the contract.

(End of Clause)

B.2 CONTRACT TYPE AND SERVICES

This is a limited source procurement, multiple award, Indefinite-Delivery Indefinite-Quantity (IDIQ). Three awards are anticipated. The Government will issue task orders that are Fixed-Price (FP) or Time and Materials/Labor Hour (T&M/LH). This acquisition is being awarded in accordance with FAR Part 15 - Contracting by Negotiation. The NAICS Code is 541380 Testing Laboratories.

Obligation of funds will be done by the issuance of individual task orders by the Contracting Officer in accordance with the clause titled “Award of Task Orders” in Section H and FAR clause 52.216-18 titled “Ordering” in Section I.

The Contractor shall not exceed the amount negotiated for each individual task order without prior written approval of the Contracting Officer.

In addition, the Contractor shall not commence work until a task order or other written notification for a specific assignment is issued by the Contracting Officer. Only the Contracting Officer is authorized to issue a task order request to the Contractor or issue finalized task orders under this contract. The Government is not obligated to reimburse the Contractor for any costs that it incurs before issuance of a task order or other written notification by the Contracting Officer.

(End of Clause)

B.3 PERFORMANCE-BASED PREFERENCE

Pursuant to FAR 37.102(a) (1), the Contracting Officer will use performance-based acquisition methods to the maximum extent practicable.

(End of Clause)

B.4 MINIMUM AND MAXIMUM ORDERING AMOUNTS

Minimum Ordering Amount: $250,000.00

Maximum Ordering Amount: $1,000,000.00

The ceiling price for all contracts awarded under this RFP (i.e. cumulative value of all task orders under all contract awards) is $3,000,000.00.

(End of Clause)

B.5 MINIMUM GUARANTEE

This contract guarantees that task order(s) amounting to a minimum of $250,000.00 will be issued during the contract period of performance. In the event the contractor receives obligations of less than this minimum, the

Government will fund the difference between the actual obligation and the guaranteed minimum. Once task order(s) is/are issued for $250,000.00 or more, the government has satisfied its minimum guarantee.

(End of Clause)

B.6 MAXIMUM INDIVIDUAL CONTRACT VALUE

The aggregate maximum value of all combined task order(s) issued during the contract period of performance shall not exceed $1,000,000.00. If the Government's requirements for services do not result in orders in the amounts described as “maximum," the event shall not constitute the basis for an equitable price adjustment under this contract.

(End of Clause)

B.7 TASK ORDER PRICING

Task orders issued under this contract shall be Fixed-Price or or Time and Materials/Labor Hour (T&M/LH).

B.7.1 FIRM FIXED PRICE (FFP)

Pursuant to FAR 15.4, Pricing, and FAR 16.2, Fixed-Price Contracts, the Firm-Fixed Price for each task order will be negotiated based on the price to complete the work. After acceptance of a fixed price task order by the Contractor, the task order price will only be adjusted to reflect changes in scope or conditions.

B.7.2 TIME AND MATERIALS/LABOR-HOUR (T&M/LH)

The basic contract shall provide loaded hourly labor rates for T&M and LH type orders. When labor-hour or T&M type task orders are used, the fair and reasonable pricing will be determined in accordance with FAR 15.4, Pricing, and FAR 16.601, Time and Materials Contracts.

B.8 PLACE OF WORK

Work under the contract will be conducted off-site at Contractor locations.

(End of Clause)

B.9 SERVICE CONTRACT ACT

The contract labor categories are considered professional labor and are generally exempt from the Service Contract Act. However, each task order will be reviewed for applicability.

(End of Clause)

B.10 CONTRACT STRUCTURE

The basic contract will establish the general scope and ordering period for task orders to be issued against this contract. The term of each IDIQ contract is 36 months. It is anticipated that multiple task orders will be issued to the contractors to work on areas identified in the Scope of Work. Each task order shall have a discrete period of performance independent of the basic contract and no task order shall extend more than twelve (12) months beyond the expiration date of the basic contract.

Individual task orders exceeding $10,000 will be competed in accordance with the fair opportunity process described in FAR 16.505(b)(1) unless an exception to fair opportunity is documented in accordance with FAR 16.505(b)(2). All tasks orders will be solicited by email. Contractors will have a minimum of 14 days to respond.

SECTION C – DESCRIPTION/SPECIFICATION/WORK STATEMENT

Title: Post-Market Testing and Evaluation of Filtering Facepiece Respirators

SECTION 1 – BACKGROUND

The National Personal Protective Technology Laboratory (NPPTL) of NIOSH conducts post-market evaluations on respirators that have received NIOSH approval, and respirators that meet international standards as specified in the CDC Strategies for Optimizing the Supply of N95 Respirators Guidance.1 These evaluations include the filtration performance of NIOSH-approved N95 filtering facepiece respirators (FFR) and respirators conforming to international standards as specified in the CDC guidance. Testing of these FFRs will provide data to support in determining whether NIOSH-approved FFRs and/or FFRs claiming conformance with particular international standards meet minimum performance requirements.

SECTION 2 – PURPOSE

The purpose of this contract is for NIOSH to receive support for the effort of evaluating filtration performance and inhalation and exhalation resistance of FFRs. The COVID-19 pandemic has created an urgent need to evaluate FFRs being purchased in the open market and being considered for inclusion in the Food and Drug Administration Emergency Use Authorization. Additionally, several federal agencies provided interim guidance allowing the use of non-NIOSH-approved FFRs manufactured in other countries to be used in U.S. workplaces.

NIOSH has received numerous requests to assess FFRs in the following categories: (1) respirators that are beyond shelf life/stockpiled; (2) respirators entering the United States from a foreign country claiming to meet a non- NIOSH standard; and (3) respirators that are going through decontamination methods. Guidance has been posted regarding use of respiratory protective devices and these situations. To keep up with the evolving demand for FFR testing, NIOSH seeks support from third-party test laboratories to conduct these evaluations.

SECTION 3 – SCOPE OF WORK

With the exception of the FFR units/samples themselves, the vendor shall furnish all labor, equipment, materials, and supplies necessary to perform four tests of interest to NIOSH’s Respirator Approval Program, which are described in more detail in SECTION 4:

Test 1: Modified NIOSH Respirator Certification Standard Test Procedure (STP) for

Sodium Chloride (NaCl)

Test 2: NIOSH Respirator Certification STP for Sodium Chloride

(NaCl)

Test 3: NIOSH Respirator Certification STP for Exhalation Resistance

Test 4: NIOSH Respirator Certification STP for Inhalation Resistance

The FFR samples will be provided to NPPTL by the respirator manufacturer, purchased on the open market by NPPTL, provided to NPPTL from stockpiles, or from respirator users or purchasers.

NIOSH will (at its discretion) select samples for inter-lab correlation testing to assure quality and consistency between laboratories. The vendor shall be responsive to NIOSH inquiries when discrepancies in test findings are identified.

The final datasets are the property of NIOSH and should be delivered only to NIOSH.

1 CDC [2020]. Strategies for Optimizing the Supply of N95 Respirators. Available at https://www.cdc.gov/coronavirus/2019-ncov/hcp/respirators-strategy/index.html.

SECTION 4 – TASKS TO BE PERFORMED

The vendor shall perform the following tests and shall participate in NIOSH authorized inter-laboratory comparison testing at NIOSH’s request. The inter-laboratory testing, if conducted, will be counted as tests towards fulfilling a specific task order. All tests shall be performed according to the prescribed methods and conditions.

Test 1: Modified NIOSH Respirator Certification Standard Test Procedure (STP) for Sodium Chloride (NaCl) (Assessment of filter penetration performance for non-NIOSH approved respirators) – 10 FFR samples per test request.

Test 2: NIOSH Respirator Certification STP for Sodium Chloride (NaCl) (TEB-APR-STP-0059) – 20 FFR samples per test request.

Test 3: NIOSH Respirator Certification STP for Exhalation Resistance (TEB-APR-STP-0003) – 3 FFR samples per test request. Any respirators that fail this test must be shipped back to NIOSH with the shipping costs covered by

NIOSH.

Test 4: NIOSH Respirator Certification STP for Inhalation Resistance (TEB-APR-STP-0007) – 3 FFR samples per test request. Any respirators that fail this test must be shipped back to NIOSH with the shipping costs covered by

NIOSH.

SECTION 5 – GOVERNMENT FURNISHED MATERIALS

NIOSH/NPPTL will provide the vendor the required respirator samples.

NIOSH/NPPTL will provide all FFR samples required for each Test.

The vendor shall receive all FFR samples for a task order in one shipment.

SECTION 6 – PERIOD OF PERFORMANCE

The period of performance for this contract vehicle will be for 36 months after award. The period of performance for each task order will be dependent upon the quantity of testing required and the urgency of the results.

SECTION D - PACKAGING AND MARKING

Not Applicable.

SECTION E - INSPECTION AND ACCEPTANCE

E.1 CLAUSES INCORPORATED BY REFERENCE

FAR SOURCE TITLE AND DATE

52.246-1 Contractor Inspection Requirements (Apr 1984)

52.246-4 Inspection of Services - Fixed-Price (Aug 1996)

52.246-6 Inspection - Time and Materials and Labor Hour (May 2001)

52.246-16 Responsibility for Supplies (Apr 1984)

E.2 INSPECTION AND ACCEPTANCE (JUL 1999)

Inspection and acceptance of the articles, services, and documentation called for herein shall be accomplished by the Contracting Officer, or his duly authorized representative (who for the purposes of this contract shall be the Contracting Officer’s Representative) at the destination of the articles, services or documentation.

SECTION F - DELIVERIES OR PERFORMANCE

F.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at the address below:

http://farsite.hill.af.mil/

FAR SOURCE TITLE AND DATE

52.242-15 Stop-Work Order (Aug 1989)

52.242.17 Government Delay of Work (Apr 1984)

F.2 DELIVERABLE(S) SCHEDULE (JUL 1999)

The Contractor shall deliver to the Contracting Officer's Representative (COR), Contract Specialist and the Contracting Officer any reports or deliverables as may be specified in the individual task orders within the time frames specified.

(End of Clause)

F.3 PERIOD OF PERFORMANCE (CONTRACT AND TASK ORDERS) (JUL 1999)

(a) Contract: The period of performance shall be 36 months from the effective date of the contract.

(b) Task Orders: Task orders may include options to be exercised at the discretion of the Government. The time for completion for each task order shall be determined under each individual task order through the mutual agreement of the parties involved. Task orders under this contract may be awarded by the Contracting Officer at any time within the contract period.

(End of Clause)

F.4 PLACE(S) OF PERFORMANCE (JUL 1999)

The Contractor shall perform all work under this contract as determined by individual task orders in accordance with the Statement of Work.

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 CDCP_G009 CONTRACTING OFFICER (JUL 1999)

(a) The Contracting Officer is the only individual who can legally commit the Government to the expenditure of public funds. No person other than the Contracting Officer can make any changes to the terms, conditions, general provisions, or other stipulations of this contract.

(b) No information, other than that which may be contained in an authorized modification to this contract, duly issued by the Contracting Officer, which may be received from any person employed by the United States Government, or otherwise, shall be considered grounds for deviation from any stipulation of this contract.

(End of Clause)

G.2 CDC0_G008 CONTRACTING OFFICER’S REPRESENTATIVE (COR) (JUL 2017)

Performance of the work hereunder shall be subject to the technical directions of the designated COR for this contract.

As used herein, technical directions are directions to the Contractor which fill in details, suggests possible lines of inquiry, or otherwise completes the general scope of work set forth herein. These technical directions must be within the general scope of work, and may not alter the scope of work or cause changes of such a nature as to justify an adjustment in the stated contract price/cost, or any stated limitation thereof.

In the event that the Contractor believes full implementation of any of these directions may exceed the scope of the contract, he or she shall notify the originator of the technical direction and the Contracting Officer, immediately or as soon as possible, in a letter or e-mail separate of any required report(s). No technical direction, nor its fulfillment, shall alter or abrogate the rights and obligations fixed in this contract.

The Government COR is not authorized to change any of the terms and conditions of this contract. Contract changes shall be made only by the Contracting Officer by properly written modification(s) to the contract.

The Government will provide the Contractor with a copy of the COR delegation memorandum upon request.

(End of Clause)

G.3 CDCP_G010 CONTRACT COMMUNICATIONS/CORRESPONDENCE (JUL 1999)

The Contractor shall identify all correspondence, reports, and other data pertinent to this contract by imprinting thereon the contract number from Page 1 of the contract.

(End of Clause)

G.4 CDC0_G018 PAYMENT BY ELECTRONIC FUNDS TRANSFER (FEB 2018)

(a) The Government shall use electronic funds transfer to the maximum extent possible when making payments under this contract. FAR 52.232-33, Payment by Electronic Funds Transfer –System for Award Management, in Section I, requires the contractor to designate in writing a financial institution for receipt of electronic funds transfer payments.

(b) In the case that EFT information is not within the System of Award Management, FAR 52.232-34 requires mandatory submission of Contractor’s EFT information directly to the office designated in this contract to receive that information (hereafter: “designated office”); see below. The contractor shall submit the EFT information within the form titled “ACH Vendor/Miscellaneous Payment Enrollment Form” to the address indicated below. Note: The form is either attached to this contract (see Section J, List of Attachments) or may be obtained by contacting the Contracting Officer or the CDC Office of Financial Resources at 678-475-4510.

(c) In cases where the contractor has previously provided such information, i.e., pursuant to a prior contract/order, and been enrolled in the program, the form is not required unless the designated financial institution has changed.

(d) The completed form shall be mailed after award, but no later than 14 calendar days before an invoice is submitted, to the following address:

The Centers for Disease Control and Prevention Office of Financial Resources (OFR) P.O. Box 15580 Atlanta, GA 30333 Or – Fax copy to: 404-638-5342

(End of Clause)

G.5 CDCA_G001 – INVOICE SUBMISSION (JUL 2017)

(a) The Contractor shall submit the original contract invoice/voucher to the address shown below:

The Centers for Disease Control and Prevention Office of Financial Resources (OFR) P.O. Box 15580 Atlanta, GA 3033

Or – The Contractor may submit the original invoice via facsimile or email:

Fax: 404-638-5324

Email: FMOAPINV@CDC.GOV

NOTE: Submit to only one (1) of the above locations.

(b) The contractor shall submit 2 copies of the invoice to the cognizant contracting office previously identified in this contract. These invoice copies shall be addressed to the attention of the Contracting Officer.

(c) The Contractor is , is not required to submit a copy of each invoice directly to the Contracting Officer’s

Representative (COR) concurrently with submission to the Contracting Officer.

(d) In accordance with 5 CFR part 1315 (Prompt Payment), CDC's Office of Financial Resources is the designated billing office for the purpose of determining the payment due date under FAR 32.904.

(e) The Contractor shall include (as a minimum) the following information on each invoice:

(1) Contractor’s Name & Address

(2) Contractor’s Tax Identification Number (TIN)

(3) Purchase Order/Contract Number and Task Order Number, if Appropriate

(4) Invoice Number

(5) Invoice Date

(6) Contract Line Item Number and Description of Item

(7) Quantity

(8) Unit Price & Extended Amount for each line item

(9) Shipping and Payment Terms

(10) Total Amount of Invoice

(11) Name, title and telephone number of person to be notified in the event of a defective invoice

(12) Payment Address, if different from the information in (c)(1).

(13) DUNS + 4 Number

(14) Electronic funds transfer (EFT) banking information

G.6 CDC42.0002 EVALUATION OF CONTRACTOR PERFORMANCE UTILIZING CPARS (APRIL

2013) In accordance with FAR 42.15, the Centers for Disease Control and Prevention (CDC) will review and evaluate contract performance. FAR 42.1502 and 42.1503 requires agencies to prepare evaluations of contractor performance and submit them to the Past Performance Information Retrieval System (PPIRS). The CDC utilizes the Department of Defense (DOD) web-based Contractor Performance Assessment Reporting System (CPARS) to prepare and report these contractor performance evaluations. All information contained in these assessments may be used by the Government, within the limitations of FAR 42.15, for future source selections in accordance with FAR

15.304 where past performance is an evaluation factor.

The CPARS system requires a contractor representative to be assigned so that the contractor has appropriate input into the performance evaluation process. The CPARS contractor representative will be given access to CPARS and will be given the opportunity to concur or not-concur with performance evaluations before the evaluations are complete. The CPARS contractor representative will also have the opportunity to add comments to performance evaluations.

The assessment is not subject to the Disputes clause of the contract, nor is it subject to appeal beyond the review and comment procedures described in the guides on the CPARS website. Refer to: www.cpars.gov for details and additional information related to CPARS, CPARS user access, how contract performance assessments are conducted, and how Contractors participate. Access and training for all persons responsible for the preparation and review of performance assessments is also available at the CPARS website.

The contractor must provide the CDC contracting office with the name, e-mail address, and phone number of their designated CPARS representative who will be responsible for logging into CPARS and reviewing and commenting on performance evaluations. The contractor must maintain a current representative to serve as the contractor representative in CPARS. It is the contractor’s responsibility to notify the CDC contracting office, in writing (letter or email), when their CPARS representative information needs to be changed or updated. Failure to maintain current CPARS contractor representative information will result in the loss of an opportunity to review and comment on performance evaluations.

(End of Clause)

G.7 PAYMENT (PERFORMANCE-BASED SERVICES) FIXED PRICE TASK ORDERS ONLY (JUL

1999)

(a) General

It is the objective of the Government to obtain complete and satisfactory performance in accordance with the terms of the specifications and requirements of this contract. The procedures set forth in the clause entitled Criteria for Deductions will be used by the Government in determining monetary deductions for nonperformance of work under this contract, or for deficiencies in the performance of work, and supplements the Inspection of Services clause contained in Section E of this contract.

(b) Adjusting Payments

(1) Under the Inspection of Services clause of this contract, payments may be adjusted if any service does not conform with contract requirements. The Contracting Officer or a designated representative will inform the Contractor, in writing, of the type and dollar amount of proposed deductions by the l0th workday of the month following the performance period for which the deductions are to be made.

(2) The Contractor may, within 10 working days of receipt of the notification of the proposed deduction, present to the Contracting officer specific reasons why any or all of the proposed deductions are not justified. Reasons must be solidly based and must provide specific facts that justify reconsideration and/or adjustment of the amount to be deducted. Failure to respond within the 10 day period will be interpreted to mean that the Contractor accepts the deductions proposed.

(3) All or a portion of the final payment may be delayed or withheld until the Contracting Officer makes a final decision on the proposed deduction. If the Contracting Officer determines that any or all of the proposed deductions are warranted, the Contracting officer shall so notify the Contractor, and adjust payments under the contract accordingly.

G.8 PAYMENT (TIME AND MATERIAL AND LABOR HOURS TASK ORDERS)

Invoices shall be submitted in accordance with FAR 52.232-7, Payments under Time-and-Materials and Labor-Hour Contracts.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 HHSAR 352.203-70, ANTI-LOBBYING (DEC 2015)

Pursuant to the current HHS annual appropriations act, except for normal and recognized executive-legislative relationships, the Contractor shall not use any HHS contract funds for (i) publicity or propaganda purposes; (ii) the preparation, distribution, or use of any kit, pamphlet, booklet, publication, radio, television or video presentation designed to support or defeat legislation pending before the Congress or any State legislature, except in presentation to the Congress or any State legislature itself; or (iii) payment of salary or expenses of the Contractor, or any agent acting for the Contractor, related to any activity designed to influence legislation or appropriations pending before the Congress or any State legislature.

(End of clause)

H.2 352.239-73 ELECTRONIC AND INFORMATION TECHNOLOGY ACCESSIBILITY (DEC 2015)

(a) Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), as amended by the Workforce Investment Act of 1998 and the Architectural and Transportation Barriers Compliance Board Electronic and Information (EIT) Accessibility Standards (36 CFR part 1194), require that when Federal agencies develop, procure, maintain, or use electronic and information technology, Federal employees with disabilities have access to and use of information and data that is comparable to the access and use by Federal employees who are not individuals with disabilities, unless an undue burden would be imposed on the agency. Section 508 also requires that individuals with disabilities, who are members of the public seeking information or services from a Federal agency, have access to and use of information and data that is comparable to that provided to the public who are not individuals with disabilities, unless an undue burden would be imposed on the agency.

(b) Accordingly, any offeror responding to this solicitation must comply with established HHS EIT accessibility standards. Information about Section 508 is available at http://www.hhs.gov/web/508. The complete text of the Section 508 Final Provisions can be accessed at http://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-section-508-standards.

(c) The Section 508 accessibility standards applicable to this solicitation are stated in the clause at 352.239-74, Electronic and Information Technology Accessibility.

In order to facilitate the Government’s determination whether proposed EIT supplies meet applicable Section 508 accessibility standards, offerors must submit an HHS Section 508 Product Assessment Template, in accordance with its completion instructions. The purpose of the template is to assist HHS acquisition and program officials in determining whether proposed EIT supplies conform to applicable Section 508 accessibility standards. The template allows offerors or developers to self-evaluate their supplies and document—in detail—whether they conform to a specific Section 508 accessibility standard, and any underway remediation efforts addressing conformance issues.

Instructions for preparing the HHS Section 508 Evaluation Template are available under Section 508 policy on the HHS website http://www.hhs.gov/web/508.

In order to facilitate the Government’s determination whether proposed EIT services meet applicable Section 508 accessibility standards, offerors must provide enough information to assist the Government in determining that the EIT services conform to Section 508 accessibility standards, including any underway remediation efforts addressing conformance issues.

(d) Respondents to this solicitation must identify any exception to Section 508 requirements. If a offeror claims its supplies or services meet applicable Section 508 accessibility standards, and it is later determined by the Government, i.e., after award of a contract or order, that supplies or services delivered do not conform to the described accessibility standards, remediation of the supplies or services to the level of conformance specified in the contract will be the responsibility of the Contractor at its expense.

(End of Provision)

H.3 CDCA_H004 IDENTIFICATION OF DATA (MAY 1998)

The Contractor shall identify the technical data delivered to the Government as required by this contract with the number of the contract and the name and address of the Contractor or subcontractor that generated the data.

(End of Clause)

H.4 HHSAR 352.224-70, PRIVACY ACT (DECEMBER 2015)

Privacy Act determination will be made at the Task Order level

This contract requires the Contractor to perform one or more of the following:

(a) design; (b) develop; or (c) operate a federal agency system of records to accomplish an agency function in accordance with the Privacy Act of 1974 (Act) [5 U.S.C. 552a(m)(1)] and applicable agency regulations. The term ‘‘system of records’’ means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. Violations of the Act by the Contractor and/or its employees may result in the imposition of criminal penalties [5 U.S.C. 552a(i)]. The Contractor shall ensure that each of its employees knows the prescribed rules of conduct and that each employee is aware that he/she is subject to criminal penalties for violation of the Act to the same extent as Department of Health and Human Services employees. These provisions also apply to all subcontracts the Contractor awards under this contract which require the design, development or operation of the designated system(s) of records [5 U.S.C. 552a(m)(1)]. The contract work statement: (a) identifies the system(s) of records and the design, development, or operation work the Contractor is to perform; and (b) specifies the disposition to be made of such records upon completion of contract performance.

(End of clause)

H.5 CDC0_H046 AGENCY OMBUDSMAN (FEB 2018)

CDC is committed to ensuring fair opportunity for all offerors submitting proposals for competitive task/delivery orders issued against existing Indefinite Delivery Indefinite Quantity contracts in accordance with FAR 16.505.

Offerors/Contractors may protest task/delivery order awards of any amount on the grounds that the order increases the scope, period, or maximum value of the contract under which the order was issued. These complaints may be lodged at the agency level or protested with the General Accountability Office (GAO).

Additionally, in accordance with 41 U.S.C. 253(j), protests of task/delivery orders valued in excess of $10,000,000.00 should be filed directly with the GAO in accordance with FAR 33.104.

In accordance with FAR 16.505(b)(5), CDC has designated an agency Task/Delivery Order Ombudsman who is responsible for reviewing the complaints from contractors on the task/delivery order process. The Ombudsman's responsibility is to review complaints and ensure that all contractors are afforded a fair opportunity to be considered, consistent with procedures in the contract. The Contract Ombudsman is independent of the contracting office. The process for handling complaints under the Ombudsman is as follows:

(a) The written complaint must include all the information required for agency protests in FAR 33.103 and must be sent to:

Centers for Disease Control and Prevention Attn: Sherry Smallwood, Agency Ombudsman 1600 Clifton Rd, NE Bldg 16, Mailstop-C12 Atlanta, GA 30329

Telephone: 404-639-7291 Email: svs9@cdc.gov

Complaints must be submitted to the Agency Ombudsman no later than 10 days after the basis of the protest is known or should have been known, whichever is earlier.

(b) The Ombudsman will contact the complainant by phone, to assure full understanding of the issues raised in the protest. This contact will be made within 2 business days of the receipt of the protests by the Ombudsman. Since there is only one individual serving as the agency Task/Delivery Order Ombudsman, there may be protests received when the Ombudsman is in a travel or leave status. In that instance, the Ombudsman will begin action on the complaint immediately upon return to the office.

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H.6 DISSEMINATION OF INFORMATION (MAY 1998)

No information related to data obtained under this contract shall be released or publicized without the prior written consent of the COR.

All collected data under Task Orders are intended for dissemination at the discretion of CDC. The requirements for Federal Government approval prior to disclosure of information pertain. The Contractor agrees not to release or disclose, verbally or in writing, information pertaining to the results or findings of work (including study design, evaluation plan, or draft or final papers and reports prepared) for the period of the contract without obtaining prior written approval of the Contracting Officer and Technical Monitor. Failure to receive a response from the Contracting Officer by a requested date does not constitute approval for release of information.

The data collected are considered sensitive information and shall not be released to anyone other than CDC or someone designated by CDC for the duration of the project thereafter.

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H.7 DATA SUBJECT TO CONFIDENTIALITY REQUIREMENTS (MAY 1998)

The type(s) of data subject to HHSAR Clause 352.224-70 – Privacy Act, which has been incorporated by reference in Section I, are as follows:

As specified in each task order.

Following are the requirements for handling these data:

As specified in each task order.

H.8 ORGANIZATIONAL CONFLICT OF INTEREST (APPLICABLE AT THE TASK ORDER LEVEL

ONLY)

Organizational conflict of interest means that because of other activities or relationships with other persons, a person is unable or potentially unable to render impartial assistance or advice to the Government, or the person's objectivity in performing the contract work is or might be otherwise impaired, or a person has an unfair competitive advantage.

The Government has determined that this effort may result in an actual or potential conflict of interest, or may provide one or more offerors with the potential to attain an unfair competitive advantage. If the Government makes this determination with respect to a task order, the nature of the conflict of interest and the limitation on future contracting will be included in the request for task order proposal.

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H.9 PERFORMANCE-BASED SERVICES CONTRACTING (PBSC)

Performance-based contracting techniques will be applied to task orders issued under this contract to the maximum extent practicable. For information about PBSC, refer to the Federal Acquisition Community’s Acquisition Central site at http://acquisition.gov/comp/seven_steps/index.html.

PBSC TOs must include at a minimum:

• Performance requirements that define the work in measurable, mission-related terms;

• Performance standards (i.e., quality, quantity, timeliness) tied to the performance requirements;

• A Government Quality Assurance Surveillance Plan (QASP) or other suitable plan that describes how the Contractor’s performance will be measured against the performance standards or service level agreements (SLAs); and

• If the acquisition is either critical to agency mission accomplishment or requires relatively large expenditures of funds, positive and negative incentives tied to the performance standards/SLAs.

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H.10 TASK ORDERS

Task orders specify and authorize work to be accomplished by the Contractor to satisfy the Government’s requirements. They specify the scope of work, schedule for completion, technical requirements, deliverable product(s) and/or services, milestone payment schedule, QASP/performance standards, acceptance criteria for deliverable products and/or services, the total price/cost of the work/service to be performed and all other items that this contract has specified will be determined at the task order level. Each individual task order issued will indicate applicable security and/or confidentiality requirements or any other clearance requirements. Individual task order will further specify Government Furnished Property, References, and Deliverables.

The Contracting Officer’s Representatives (COR) are officials of the CDC organization requiring the work who are responsible at the task order level for technical oversight of the work under that task order. CORs will be designated in writing for each individual task order.

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H.11 AWARD OF TASK ORDERS

After this IDIQ contract(s) is/are awarded by the Government, services will be ordered by the issuance of individual task orders awarded on a competitive basis. Each task order will be priced and structured as appropriate depending on the nature of the services/deliverables required. Each Contractor that has an award for a basic IDIQ contract as a result of this solicitation will be given a fair opportunity to be considered for award of each individual task order.

The fair opportunity process will operate as follows:

1. Task Orders

a. A written Task Order, in accordance with the terms and conditions set forth herein, shall be the only basis for acquisitions of services under this contract.

b. After the IDIQ contracts are awarded, services will be ordered by the issuance of Individual Task Orders awarded on a competitive fair opportunity basis, unless set-aside for small business.

c. Some orders may be exempt from competition in accordance with FAR 16.505(b) (2).

d. The Contractor shall be responsible for performance in accordance with the terms and conditions of the contract when a Task Order is placed by a CDC Contracting Officer.

e. In accordance with FAR Subpart 5.202, Task Orders placed under any resultant contract need not be synopsized.

f. Under FAR Subpart 33.1, no protest is authorized in connection with the issuance or proposed issuance of a task order, except for—

i. A protest on the grounds that the order increases the scope, period, or maximum value of the contract

ii. A protest of an order valued in excess of $10 million. Protests of orders in excess of $10 million may only be filed with the Government Accountability Office, in accordance with the procedures at

33.104.

g. Debriefings will not be provided on Task Orders under $5.5 million.

2. Ordering Procedures

(a) Task Order Proposals - When the Government identifies a specific requirement for work to be performed under this contract, the Contracting Officer may issue a written Request for Task Order Proposal (RFTOP) to each eligible awardee under this contract. The RFTOP will contain information comparable to a competitive solicitation. Such information will include, but is not limited to, (1) Performance Work Statement (PWS) or Statement of Objectives (SOO) that identifies the Government's requirement, (2) instructions to the contractors for responding to the RFTOP and (3) evaluation criteria and award factors (as necessary). RFTOPs will be sent by electronic mail (email) to each eligible awardee and responses will be required via email using Microsoft Word and Microsoft Excel. Therefore, contract awardees are required to have electronic mail capability.

(b) Task Order Evaluation and Selection Procedures – Contractors must submit their proposals to the CDC

Contracting Office by the due date and time stated in the RFTOP, usually within fourteen (14) calendar days. Contractors responding to a RFTOP shall provide a technical proposal and profile of the personnel assigned or to be assigned to the task. The proposal shall include a Person Loading chart. This chart shall indicate for each proposed labor position, the number of man-hours subdivided by the specific components of the task. The purpose of this chart is to associate the roles and the amount of effort to be performed by each individual proposed in the direct labor category for each task component required under the Scope of Work. Responses shall also include a budget detailing the cost of each major subtask identified within the proposal. Each offer received in response to a RFTOP will be evaluated on both technical and cost merits.

The Government, may at its discretion, use past performance on previous projects as an evaluation factor.

Evaluation criteria will be specified in the RFTOP. Evaluation criteria may vary for each RFTOP depending upon the emphasis of the project.

(c) For urgent/emergency task requests, a response of 5 calendar days or less may be required.

Task orders will be issued to the Contractor by the Contracting Officer. Task orders will include written specifications detailing and describing the nature of the work to be performed. Successful Contractor will be authorized to commence work only upon receipt of specific Task Orders issued by the Contracting Officer.

CDC reserves the right to award individual task orders on the basis of “initial offers” without discussions; all offers, therefore, should contain the offeror's best terms from a cost/price and technical standpoint. Offerors are advised that in the evaluation process, the cost/price and technical merit importance will be stated in the RFTOP.

Upon receipt of the Contractors' proposals, the Government will evaluate proposals received and select the contractor who offers the overall best value based on a cost/technical trade-off analysis such that business judgment will be exercised in selecting the most advantageous alternative to the Government. However, the Government will not make an award at a significantly higher overall cost to achieve only slightly superior performance capability features. The Government also reserves the right, when deemed appropriate, to award based on low price technically acceptable offer. The Government and the contractor will negotiate a firm fixed price or time and materials/ labor hour price for the individual tasks.

Price will be an evaluation factor in all RFTOPs but will not be scored quantitatively. It is anticipated that all RFTOPs will be competitively awarded; if, however, adequate price competition is not achieved for any RFTOP, the information contained in the proposals and any additional information needed will be analyzed and evaluated to determine the validity and reasonableness of the price proposed, and to determine the cost risk and most probable cost to the Government. Task orders will be issued to the Contractor by the Contracting Officer.

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H.12 FAIR OPPORTUNITY EXCEPTIONS

Pursuant to FAR 16.505, the requirement for fair opportunity consideration does not apply to orders under $10,000 or to orders above $10,000 where the Contracting Officer determines that:

(a) The need for the services is of such urgency that providing such opportunity would result in an unacceptable delay;

(b) Only one contractor is capable of providing the services required at the level of quality required because the services are unique or highly specialized;

(c) The order should be issued on a sole-source basis in the interest of economy and efficiency as a logical follow-on to an order already issued provided that all awardees were given a fair opportunity to be considered for the original order; or

(d) It is necessary to place an order to satisfy a minimum guarantee.

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H.13 HHSAR 352.231-70 SALARY RATE LIMITATION (DEC 2015)

(a) The Contractor shall not use contract funds to pay the direct salary of an individual at a rate in excess of the Federal Executive Schedule Level II in effect on the date the funding was obligated.

(b) For purposes of the salary rate limitation, the terms “direct salary,” “salary,” and “institutional base salary,” have the same meaning and are collectively referred to as “direct salary,” in this clause. An individual's direct salary is the annual compensation that the Contractor pays for an individual's direct effort (costs) under the contract. Direct salary excludes any income that an individual may be permitted to earn outside of duties to the Contractor. Direct salary also excludes fringe benefits, overhead, and general and administrative expenses (also referred to as indirect costs or facilities and administrative costs). The salary rate limitation does not restrict the salary that an organization may pay an individual working under a Department of Health and Human Services contract or order; it merely limits the portion of that salary that may be paid with contract funds.

(c) The salary rate limitation also applies to individuals under subcontracts.

(d) If this is a multiple-year contract or order, it may be subject to unilateral modification by the Contracting Officer to ensure that an individual is not paid at a rate that exceeds the salary rate limitation provision established in the HHS appropriations act used to fund this contract.

(e) See the salaries and wages pay tables on the Office of Personnel Management Web site for Federal Executive Schedule salary levels.

(End of clause)

H.14 CDC37.0001 NON-PERSONAL SERVICES (APR 2015)

(a) Personal services shall not be performed under this contract. Although the Government may provide sporadic or occasional instructions within the scope of the contract, the Contractor is responsible for control and supervision of its employees. If the Contractor (including its employees) believes any Government action or communication has been given that would create a personal services relationship between the Government and any Contractor employee, the Contractor shall promptly notify the Contracting Officer of this communication or action.

(b) The contractor shall comply with, and ensure their employees and subcontractors comply with, CDC Policy titled “Identification of Contractors' Employees and Safeguarding Government Information.” No Contractor employee shall hold him or herself out to be a Government employee, agent, or representative. No Contractor employee shall state orally or in writing at any time that he or she is acting on behalf of the Government. In all communications with third parties in connection with this contract, Contractor employees shall identify themselves as Contractor employees and specify the name of the company for which they work. . The contractor is limited to performing the services identified in the contract statement of work and shall not interpret any communication with anyone as a permissible change in contract scope or as authorization to perform work not described in the contract.

All contract changes will be incorporated by a modification signed by the Contracting Officer.

(c) The Contractor shall ensure that all of its employees and subcontractor employees working on this contract are informed of the substance of this clause. The Contractor agrees that this is a non-personal services contract; and that for all the purposes of the contract, the Contractor is not, nor shall it hold itself out to be an agent or partner of, or joint venture with, the Government. The Contractor shall notify its employees that they shall neither supervise nor accept supervision from Government employees. The substance of this clause shall be included in all subcontracts at any tier.

(d) Nothing in this clause shall limit the Government's rights in any way under any other provision of the contract, including those related to the Government's right to inspect and accept or reject the services performed under this contract.

H.15 RETENTION OF CONTRACTOR RECORDS (JAN 2000)

The contractor agrees to maintain an accounting system that will keep accurate, complete, and current accounting of all financial transactions on a site specific basis under the…