RFP_75N91023R00002_Protocol_Information_Office_(PIO).pdf
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- Protocol Information Office (PIO) Support Federal contract opportunity
- Solicitation number
- 75N91023R00002
About this file
This is a request for proposal (RFP) for Protocol Information Office (PIO) Support Services. The RFP seeks proposals to provide services including abstraction of key elements from clinical trial protocols, file management, clinical trial review support, and management of data relating to people and organizations involved in clinical trials. The RFP also covers operational support services for the PIO. Proposals are due by May 11, 2023. The National Cancer Institute intends to award a single contract for these services to a small business with a period of performance from August 2023 through August 2024 and the option to extend the contract for four additional one-year periods. The contract will be cost-reimbursement and utilize various standard clauses and provisions.
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SOLICITATION
SECTION A - SOLICITATION/CONTRACT FORM
1. Requisition or other Purchase Authority: Public Law 92-218 as amended
2. Request for Proposal (RFP) Number:
75N91023R00002
3. Issue Date:
04/12/2023
4. Set Aside:
[ ] No
[X] Yes See Part IV Section L
5. Title : Protocol Information Office (PIO) Support Services
6. ISSUED BY:
Office of Acquisitions National Cancer Institute National Institutes of Health 9609 Medical Center Drive Bethesda, MD 20892-9705
7. SUBMIT OFFERS TO:
See Part III, Section J, "Packaging and Delivery of the Proposal," ATTACHMENT 1 of this Solicitation.
8. Proposals for furnishing the supplies and/or services in THE SCHEDULE will be received at the place specified in, and in the number of copies specified in Attachment 1, "Packaging and Delivery of the Proposal," until 4:00 local time on 05/11/2023. Offers will be valid for 120 days unless a different period is specified by the offeror on the Attachment entitled, "Proposal Summary and Data Record, NIH 2043.
9. This solicitation requires delivery of proposals as stated in ATTACHMENT 1, "PACKAGING AND DELIVERY OF THE PROPOSAL." If proposals are required to be delivered to two different locations, the OFFICIAL POINT OF RECEIPT for determining TIMELY DELIVERY is the address provided for the OFFICE OF ACQUISITIONS.
IF YOUR PROPOSAL IS NOT RECEIVED BY THE CONTRACTING OFFICER OR HIS DESIGNEE AT THE PLACE AND TIME SPECIFIED FOR THE OFFICE OF ACQUISITIONS, THEN IT WILL BE CONSIDERED LATE AND HANDLED IN ACCORDANCE WITH subparagraph (c)(3) of FAR Clause 52.215-1, Instructions to Offerors--Competitive Acquisition," LOCATED IN SECTION L.1. OF THIS SOLICITATION.
10. Offeror must be registered in the System for Award Management (SAM) prior to award of a contract. Offerors must access the CCR through The System for Award Management (SAM) at https://www.sam.gov/SAM/.
11. FOR INFORMATION CALL: Noor Shakeel
PHONE: 240-275-5167
e-MAIL: noor.shakeel@nih.gov
COLLECT CALLS WILL NOT BE ACCEPTED.
Offers are solicited ONLY from Small Business concerns.
Questions about the solicitation should be sent by email to noor.shakeel@nih.gov. The cutoff date for receipt of questions on the
Noor Shakeel Contracting Officer https://www.sam.gov/SAM/
- 2 -solicitation is April 25, 2023. Responses to questions will be issued as an amendment to the solicitation.
Office of Acquisitions National Cancer Institute
RFP Number : 75N91023R00002
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RFP TABLE OF CONTENTS
PART I - THE SCHEDULE
SECTION A - SOLICITATION/CONTRACT FORM
SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS
SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT
SECTION D - PACKAGING, MARKING AND SHIPPING
SECTION E - INSPECTION AND ACCEPTANCE
SECTION F - DELIVERIES OR PERFORMANCE
SECTION G - CONTRACT ADMINISTRATION DATA
SECTION H - SPECIAL CONTRACT REQUIREMENTS
PART II - CONTRACT CLAUSES
PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS
SECTION J - LIST OF ATTACHMENTS
SOLICITATION ATTACHMENTS
TECHNICAL PROPOSAL ATTACHMENTS
BUSINESS PROPOSAL ATTACHMENTS
INFORMATIONAL ATTACHMENTS
PART IV - REPRESENTATIONS AND INSTRUCTIONS
SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS
SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS
1. GENERAL INFORMATION
a. INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION
b. NOTICE OF SMALL BUSINESS SET-ASIDE
c. NAICS CODE AND SIZE STANDARD
d. TYPE OF CONTRACT AND NUMBER OF AWARDS
e. LEVEL OF EFFORT
f. COMMITMENT OF PUBLIC FUNDS
g. PROMOTING EFFICIENT SPENDING
h. COMMUNICATIONS PRIOR TO CONTRACT AWARD
i. RELEASE OF INFORMATION
j. PREPARATION COSTS
k. SERVICE OF PROTEST
2. INSTRUCTIONS TO OFFERORS
a. GENERAL INSTRUCTIONS
1. Contract Type and General Clauses
2. Authorized Official and Submission of Proposal
3. Proposal Summary and Data Record (NIH-2043)
4. Separation of Technical and Business Proposals
5. Alternate Proposals
6. Evaluation of Proposals
7. Potential Award Without Discussions
8. Use of the Metric System of Measurement
9. Privacy Act - Treatment of Proposal Information
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10. Selection of Offerors
11. Past Performance Information
12. Electronic Information Technology Accessibility Notice, HHSAR 352.239-73 (December 2015)
13. Solicitation Provisions Incorporated by Reference
b. TECHNICAL PROPOSAL INSTRUCTIONS
1. Technical Discussions
2. Other Considerations
3. Technical Evaluation
c. BUSINESS PROPOSAL INSTRUCTIONS
1. Basic Cost/Price Information
2. Proposal Cover Sheet
3. Information Other than Cost or Pricing Data
4. Salary Rate Limitation
5. Total Compensation Plan
6. Other Administrative Data
7. Qualifications of the Offeror
8. Subcontractors
9. Proposer's Annual Financial Report
10. Travel Costs/Travel Policy
SECTION M - EVALUATION FACTORS FOR AWARD
1. GENERAL
2. COST/PRICE EVALUATION
3. EVALUATION OF OPTIONS
4. TECHNICAL EVALUATION FACTORS
5. EVALUATION OF ELECTRONIC AND INFORMATION TECHNOLOGY ACCESSIBILITY- SECTION
6. PAST PERFORMANCE FACTOR
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PART I - THE SCHEDULE
THE INFORMATION SET FORTH IN SECTION A - SOLICITATION/CONTRACT FORM, HEREIN CONTAINS IMPORTANT INFORMATION FOR ANY OFFEROR INTERESTED IN RESPONDING TO THIS SOLICITATION.
ANY CONTRACT RESULTING FROM THIS SOLICITATION WILL INCLUDE IN ITS SECTION A - SOLICITATION/ CONTRACT FORM, ACCOUNTING, APPROPRIATION AND GENERAL INFORMATION APPLICABLE TO THE
CONTRACT AWARD.
THE CONTRACT SCHEDULE SET FORTH IN SECTIONS B THROUGH H, HEREIN, CONTAINS CONTRACTUAL INFORMATION PERTINENT TO THIS SOLICITATION. IT IS NOT AN EXACT REPRESENTATION OF THE CONTRACT DOCUMENT THAT WILL BE AWARDED AS A RESULT OF THIS SOLICITATION. THE CONTRACT COST OR PRICE AND OTHER CONTRACTUAL PROVISIONS PERTINENT TO THE OFFEROR (i.e., those relating to the organizational structure [e.g., Non-Profit, Commercial] and specific cost authorizations unique to the Offeror's proposal and requiring Contracting Officer Prior Approval) WILL BE DISCUSSED IN THE NEGOTIATION PROCESS AND WILL BE INCLUDED IN THE RESULTANT CONTRACT. THE ENCLOSED CONTRACT SCHEDULE IS
INTENDED TO PROVIDE THE OFFEROR WITH THE NECESSARY INFORMATION TO UNDERSTAND THE
TERMS AND CONDITIONS OF THE RESULTANT CONTRACT.
SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS
ARTICLE B.1. BRIEF DESCRIPTION OF SUPPLIES OR SERVICES
Protocol Information Office (PIO) Support Services for the processing of clinical trial protocol documents and tracking the implementation and completion of human clinical research studies. Performance of services include:
Project Area 1: Abstraction of key elements from protocol.
Project Area 2: File management.
Project Area 3: Clinical trial review support.
Project Area 4: Management of data relating to people and organizations.
Project Area 5: PIO operational support.
ARTICLE B.2. ESTIMATED COST - OPTION
a. The estimated cost of the Base Period of this contract is $0.
b. The fixed fee for the Base Period of this contract is $0. The fixed fee shall be paid in direct ratio to the level of effort expended; that is, the percent of fee paid shall be equal to the percent of total effort expended.] Payment shall be subject to the withholding provisions of the clauses ALLOWABLE COST AND PAYMENT and FIXED FEE referenced in the General Clause Listing in Part II, ARTICLE I.1. of this contract.
c. The total estimated amount of the contract, represented by the sum of the estimated cost plus the fixed fee for the Base Period is $0.
a. If the Government exercises its option pursuant to the OPTION PROVISION Article in SECTION H of this contract, the Government's total estimated contract amount represented by the sum of the estimated cost plus the fixed fee will be increased as follows:
Severable Base/Options Period of Performance Estimated Cost
Fixed Fee
Estimated Cost Plus
Fixed Fee
Base Period August 24, 2023 – August 23, Option Period 1 August 24, 2024 – August 23,
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Severable Base/Options Period of Performance Estimated Cost
Fixed Fee
Estimated Cost Plus
Fixed Fee
Option Period 2 August 24, 2025 – August 23, Option Period 3 August 24, 2026 – August 23, Option Period 4 August 24, 2027 – August 23, Total
[Base Period and Option(s)]
ARTICLE B.3. ESTIMATED COST - INCREMENTALLY FUNDED CONTRACT
a. The total estimated cost to the Government for full performance of this contract, including all allowable direct and indirect costs, is $TBD.
b. The following represents the schedule* by which the Government expects to allot funds to this contract:
CLIN, Task, Number, or Description
Start Date of Period or Increment of
Performance
End Date of
Period or Increment of Performance
Estimated Cost ($)
Fee ($) (as appropriate)
Estimated Cost Plus Fee ($) (as appropriate)
[Total] [Total] [Total]
*To be inserted after negotiation
c. Total funds currently obligated and available for payment under this contract are $to be determined .
d. The Contracting Officer may issue unilateral modifications to obligate additional funds to the contract and make related changes to paragraphs b. and/or c., above.
e. Until this contract is fully funded, the requirements of the clause at FAR 52.232-22, Limitation of Funds, shall govern. Once the contract is fully funded, the requirements of the clause at FAR 52.232-20, Limitation of Cost, shall govern.
f. Payment of fee shall be subject to the withholding provisions of the clauses ALLOWABLE COST AND PAYMENT and FIXED FEE referenced in the General Clause Listing in Part II, ARTICLE I.1. of this contract.
The fixed fee shall be paid in installments based on the percentage of completion of work, as determined by the Contracting Officer.
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ARTICLE B.4. PROVISIONS APPLICABLE TO DIRECT COSTS
This article will prohibit or restrict the use of contract funds, unless otherwise approved by the Contracting Officer. The following is a list of items that may be included in the resultant contract as applicable. 1) Conferences & Meetings, 2) Food for Meals, Light Refreshments & Beverages, 3) Promotional Items, 4) Acquisition, by purchase or lease, of any interest in real property; 5) Special rearrangement or alteration of facilities; 6) Purchase or lease of any item of general purpose office furniture or office equipment regardless of dollar value; 7) Travel Costs including Foreign Travel; 8) Consultant Costs; 9) Subcontract Costs; 10) Patient Care Costs; 11) Accountable Government Property; 12) Printing costs; and 13) Research Funding.
ARTICLE B.5. ADVANCE UNDERSTANDINGS
Specific elements of cost, which normally require prior written approval of the Contracting Officer before incurrence of the cost (e.g., foreign travel, consultant fees, subcontracts) will be included in this Article if the Contracting Officer has granted his/her approval prior to contract award.
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SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT
ARTICLE C.1. STATEMENT OF WORK
a. Independently and not as an agent of the Government, the Contractor shall be required to furnish all the necessary services, qualified personnel, material, equipment, and facilities, not otherwise provided by the Government, as needed to perform the Statement of Work, dated March 2023, attached hereto and made a part of this Solicitation (See SECTION J - List of Attachments).
b. The applicable Privacy Act System of Records Number will be specified and shall be used in any design, development, or operation work to be performed under the resultant contract. Disposition of records shall be in accordance with SECTION C of the contract, and by direction of the Contracting Officer Representative (COR).
ARTICLE C.2. REPORTING REQUIREMENTS
All reports required herein shall be submitted in electronic format.
All electronic reports submitted shall be compliant with Section 508 of the Rehabilitation Act of 1973. Additional information about testing documents for Section 508 compliance, including guidance and specific checklists, by application, can be found at: http://www.hhs.gov/web/508/index.html and at: https://www.section508.gov/create/ documents, "Create Accessible Documents.
a. Technical Progress Reports
1. Monthly Progress Report
This report shall include a description of the activities during the reporting period, and the activities planned for the ensuing reporting period by Project Area. The actual or anticipated problems encountered and proposed resolutions shall be included in the description. The report shall also provide the monthly and cumulative hours and dollars spent.
The first reporting period consists of the first full month of performance plus any fractional part of the initial month.
Thereafter, the reporting period shall consist of each calendar month. The Monthly Progress Report shall be submitted in accordance with the DELIVERIES Article in Section F.
2. Annual Progress Report
This report shall be a brief summation of the year's activities with a project plan for activities for the coming year. A Monthly Progress Report shall not be submitted when an Annual Report is due, however, the information from the last month of the reporting period shall be incorporated into the Annual Progress Report. The Annual Progress Report shall be submitted in accordance with the DELIVERIES Article in Section F.
3. Final Report
This report is to include a summation of the work performed and results obtained for the entire contract period of performance. This report shall be in sufficient detail to describe comprehensively the results achieved. The Final Report shall be submitted in accordance with the DELIVERIES Article in SECTION F. Neither an Annual nor a Monthly Progress Report will be required for the period when the Final Report is due.
b. Other Reports/Deliverables
1. Contractor-Employee Non-Disclosure Agreement http://www.hhs.gov/web/508/index.html https://www.section508.gov/create/documents https://www.section508.gov/create/documents
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See Section C.2. Information and/or Physical Security, Paragraph D. Contractor Non-Disclosure Agreement(NDA).
2. Roster of Employees Requiring Suitability Investigations
The Contractor shall submit a roster, by name, position, e-mail address, phone number and responsibility, of all staff (including subcontractor staff) working under the contract who will develop, have the ability to access, or host and/or maintain a Federal information system(s). The roster shall be submitted to the Contracting Officer's Representative (COR), with a copy to the Contracting Officer, not later than 14 calendar days of the effective date of the contract. Any revisions to the roster as a result of staffing changes shall be submitted within 15calendar days of the change.
3. Reporting of New and Departing Employees and Employee Separation Checklist
The Contractor shall notify the Contracting Officer's Representative (COR) and Contracting Officer within five business days of staffing changes for positions that require suitability determinations as follows (Reference subparagraph f. of the INFORMATION SECURITY Article in SECTION H of this contract.):
a. New Employees: Provide the name, position title, e-mail address, and phone number of the newemployee. Provide the name, position title and suitability level held by the former incumbent. If the employee is filling a new position, provide a description of the position and the Government will determine the appropriate security level.
b. Departing Employees: 1) Provide the name, position title, and security clearance level held by or pending for the individual; and 2) Perform and document the actions identified in the "Employee Separation Checklist", attached in Section J, ATTACHMENTS of this contract, when a Contractor/Subcontractor employee terminates work under this contract. All documentation shall be made available to the COR and/or Contracting Officer upon request.
4. Information Security Training Report and Certificates of Completion
The Contractor shall maintain a listing by name and title of each employee (including subcontractors) working under this contract that has completed the NIH required information security training. Any additional securitytraining completed by Contractor/Subcontractor staff shall be included on this listing. The listing of completed training shall be included in the first technical progress report.
5. Quality Control Plan
The Contractor shall prepare and submit a plan for ensuring that the required work is performed in an accurate and timely manner. The Quality Control Plan shall be due 60 calendar days after the award date.
6. Standard Operating Procedures (SOPs)
The Contractor shall create SOPs for conducting the work described in the Statement of Work including, but not limited to, document processing, Division of Cancer Prevention (DCP) protocol abstraction system(s),Cancer Therapy Evaluation Program (CTEP) Enterprise/abstraction system, file maintenance, correspondence management, and other routine procedures as needed. SOPs will include a plan for regular review and update. SOPs may be delivered incrementally upon dates agreed upon by the Contracting Officer's Representative(COR) and the Contractor following contract award. SOPs shall be due 120 calendar days from award date. The Contractor shall review the SOPs at least semiannually, or as directed by the COR, and revise them as necessary.
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7. Contingency Plan
The Contractor shall provide a contingency plan to continue DCP PIO operations in the event of a disaster, local outbreak of illness, or government office closure for inclement weather. The Contractor shall develop this plan in collaboration with the CORs and shall include a communications plan and alternate workstations for contract staff. The Contingency Plan shall be due 60 calendar days after the award date.
8. Inventory Report
The Contractor shall maintain the physical and electronic inventory of protocol files at the Government's facility. All discrepancies shall be brought to the COR's attention within 24 hours of discovery. The Contractor shall provide an annual inventory report to the COR as indicated in Section F Deliverables. The content of the inventory report shall be developed with COR input.
9. Transition Plan
Sixty (60) days prior to the completion of this contract the Contractor shall provide a detailed transition plan for contract closure and transition to a new Contractor. The Contractor shall develop this plan in collaboration with the Contracting Officer and the COR. This plan shall include a complete inventory of electronic and paper files, with the location of such files, and the Standard Operating Procedures for document abstraction, routing and review, approval and disapproval. The Contractor shall provide an up-to-date report of all documents 'In Review' and studies in 'Approval on Hold' status. This plan shall also include the return of all ID badges, parking permits, and desk/file keys.
10. Service Contract Report
In accordance with FAR clause 52.204-15, Service Contract Reporting Requirements for Indefinite Delivery Contracts, the Contractor shall enter and submit the following Service Contract Report data elements into System for Award Management (SAM), with a copy to the Contracting Officer annually, by October 31st for services performed under this contract during the Preceding Government fiscal year (October 1 - September 30). SCR data elements:
a. Contract Number.
b. The total dollar amount invoiced for services performed during the previous Government fiscal year under the contract.
c. Total number of Contractor direct labor hours expended on the services performed during the previous Government fiscal year.
d. Data reported by first-tier subcontractors that have provided services under this contract, as applicable.
● First-tier Subcontract number (including subcontractor name and DUNS number).
● The number of first-tier subcontractor direct-labor hours expended on the services performed during the previous Government fiscal year.
11. Source Code and Object Code
Unless otherwise specified herein, the Contractor shall deliver to the Government, upon the expiration date of the contract, all source code and object code developed, modified, and/or enhanced under this contract.
HHS SECURITY AND PRIVACY LANGUAGE FOR INFORMATION AND IT PROCUREMENTS
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INFORMATION AND/OR PHYSICAL SECURITY
A. POSITION SENSITIVITY DESIGNATIONS
All Contractor (and/or any subcontractor) employees must obtain a background investigation commensurate with their position sensitivity designation that complies with Parts 1400 and 731 of Title 5, Code of Federal Regulations (CFR). To determine the designation, the Position Designation Tool (PDT) discussion is found at: https://www.ors.od.nih.gov/ser/dpsac/resources/Pages/investigation-requirements-for-your-position.aspx and the link to access the tool is found at: https://pdt.nbis.mil/
The following position sensitivity designation levels apply to this solicitation/contract:
[ ] Tier 5: Critical Sensitive and Special Sensitive National Security, including Top Secret, SCI, and "Q" access eligibility.
[ ] Tier 5SR: Reinvestigation.
[ ] Tier 4: High Risk Public Trust (HRPT).
[ ] Tier 4SR: Reinvestigation.
[ ] Tier 3: Non-Critical Sensitive, National Security, including Secret and "L" access eligibility.
[ ] Tier 3SR: Reinvestigation.
[ ] Tier 2S with Subject Interview: Moderate Risk Public Trust (MRPT).
[ ] Tier 2SR: Reinvestigation.
[X] Tier 1: Low Risk, Non-Sensitive, including HSPD-12 Credentialing.
J. HOMELAND SECURITY PRESIDENTIAL DIRECTIVE (HSPD)-12
Roster-
The Contractor (and/or any subcontractor) must submit a roster by name, position, e-mail address, phone number and responsibility, of all staff working under this acquisition where the Contractor will develop, have the ability to access, or host and/or maintain a government information system(s). The roster must be submitted to the COR and/ or CO within fourteen (14) calendar days after the effective date of this contract. Any revisions to the roster as a result of staffing changes must be submitted within seven (7) calendar days of the change. The COR will notify the Contractor of the appropriate level of investigation required for each staff member. An electronic template, "Roster of Employees Requiring Suitability Investigations," is available for contractor use at: https://oamp.od.nih.gov/nih-document-generation-system/dgs-workform-information/attachment-files-section-j
a. If the Contractor is filling a new position, the Contractor must provide a position description and the Government will determine the appropriate suitability level. Upon receipt of the Government's notification of applicable Suitability Investigations required, the Contractor shall complete and submit the required forms within 30 days of the notification.
b. Upon receipt of the Government's notification of applicable Suitability Investigations required, the Contractor must complete and submit the required forms within 30 days of the notification.
https://www.ors.od.nih.gov/ser/dpsac/resources/Pages/investigation-requirements-for-your-position.aspx https://www.ors.od.nih.gov/ser/dpsac/resources/Pages/investigation-requirements-for-your-position.aspx https://pdt.nbis.mil/ https://oamp.od.nih.gov/nih-document-generation-system/dgs-workform-information/attachment-files-section-j https://oamp.od.nih.gov/nih-document-generation-system/dgs-workform-information/attachment-files-section-j
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c. The Contractor must notify the Contracting Officer in advance when any new personnel, who are subject to a background check/investigation, will work under the contract and if they have previously been the subject of national agency checks or background investigations.
d. All contractor and subcontractor employees must comply with the conditions established for their designated position sensitivity level prior to performing any work under this contract. Contractors may begin work after the fingerprint check has been completed.
e. Investigations are expensive and may delay performance, regardless of the outcome of the investigation. Delays associated with rejections and consequent re-investigations may not be excusable in accordance with the FAR clause, Excusable Delays - see FAR 52.249-14. Accordingly, the Contractor must ensure that any additional employees whose names it submits for work under this contract have a reasonable chance for approval.
f. Typically, the Government investigates personnel at no cost to the Contractor. However, multiple investigations for the same position may, at the Contracting Officer's discretion, justify reduction(s) in the contract price of no more that the cost of the additional investigation(s).
g. The Contractor must include language similar to this "HHS Controlled Facilities and Information Systems Security" language in all subcontracts that require subcontractor personnel to have the same frequency and duration of (1) physical access to an HHS-controlled facility; (2) logical access to an HHS-controlled information system; (3) access to sensitive HHS data/information, whether in an HHS-controlled information system or in hard copy; or (4) any combination of circumstances (1) through (3).
h. The Contractor must direct inquiries, including requests for forms and assistance, to the Contracting Officer or designee.
i. Within 7 calendar days after the Government's final acceptance of the work under this contract, or upon termination of the contract, the Contractor must return all identification badges to the Contracting Officer or designee.
2. CONTRACT INITIATION AND EXPIRATION
a. General Security Requirements- The Contractor (and/or any subcontractor) must comply with information security and privacy requirements, Enterprise Performance Life Cycle (EPLC) processes, HHS Enterprise Architecture requirements to ensure information is appropriately protected from initiation to expiration of the contract. All information systems development or enhancement tasks supported by the Contractor must follow the HHS EPLC framework and methodology or and in accordance with the HHS Contract Closeout Directive (2018) located at: https://oamp.od.nih.gov/sites/default/files/DGS/contracting-forms/HHS-Closeout- Directive-2018.pdf. HHS EA requirements located at: https://www.hhs.gov/sites/default/files/eplc-policy-dec-2016.pdf and NIH EA requirements are located at: https://ocio.nih.gov/PM/Pages/EPLC.aspx.
b. System Documentation- Contractors (and/or any subcontractors) must follow and adhere to HHS System Development Life Cycle requirements, at a minimum, for system development and provide system documentation at designated intervals ( specifically, at the expiration of the contract) within the EPLC that require artifact review and approval.
c. Sanitization of Government Files and Information- As part of contract closeout and at expiration of the contract, the Contractor ( and/ or any subcontractor) must provide all required documentation in accordance with the NIH Media Sanitization and Disposal Policy to the CO and/ or COR to certify that, at the government's direction, all electronic and paper records are appropriately disposed of and all devices and media are sanitized in accordance with NIST SP 800- 88, Guidelines for Media Sanitization.
d. Notification - The Contractor ( and/ or any subcontractor) must notify the CO and/ or COR and system ISSO within fifteen days before an employee stops working under this contract.
e. Contractor Responsibilities Upon Physical Completion of the Contract- The C ontractor ( and/ or any subcontractors) must return all government information and IT resources ( i.e., government information in non-government- owned systems, media, and backup systems) acquired during the term of this contract to the CO https://ocio.nih.gov/PM/Pages/EPLC.aspx
- 13 -and/ or COR. Additionally, the Contractor must provide a certification that all government information has been properly sanitized and purged from Contractor- owned systems, including backup systems and media used during contract performance, in accordance with HHS and/ or NIH policies.
f. The Contractor ( and/or any subcontractor) must perform and document the actions identified in the NIH Contractor Employee Separation Checklist https://ocio.nih.gov/aboutus/publicinfosecurity/acquisition/ Documents/Emp-sep-checklist.pdf when an employee terminates work under this contract within 2 days of the employee's exit from the contract. All documentation must be made available to the CO and/ or COR upon request.
g. Contractor Non- Disclosure Agreement (NDA)- Each Contractor ( and/ or any subcontractor) employee having access to non- public government information under this contract shall complete the NIH non- disclosure agreement: https://ocio.nih.gov/aboutus/publicinfosecurity/acquisition/Documents/ Nondisclosure.pdf, as applicable. A copy of each signed and witnessed NDA must be submitted to the Contracting Officer ( CO) and/ or CO Representative ( COR) prior to performing any work under this acquisition.
h. Vulnerability Scanning Reports - The Contractor must report the results of the required monthly special vulnerability scans no later than 10 days following the end of each reporting period. If required monthly, this report may be included as part of the Technical Progress Report. Otherwise, this report must be submitted under a separate cover on monthly basis.
i. Government Access for Security Assessment. In addition to the Inspection Clause in the contract, the Contractor (and/or any subcontractor) must afford the Government access to the Contractor's facilities, installations, operations, documentation, information systems, and personnel used in performance of this contract to the extent required to carry out a program of security assessment ( to include vulnerability testing), investigation, and audit to safeguard against threats and hazards to the confidentiality, integrity, and availability of federal data or to the protection of information systems operated on behalf of HHS, including but are not limited to:
i. At any tier handling or accessing information, consent to and allow the Government, or an independent third party working at the Government's direction, without notice at any time during a weekday during regular business hours contractor local time, to access contractor and subcontractor installations, facilities, infrastructure, data centers, equipment (including but not limited to all servers, computing devices, and portable media), operations, documentation (whether in electronic, paper, or other forms), databases, and personnel which are used in performance of the contract. The Government includes but is not limited to the U.S. Department of Justice, U.S. Government Accountability Office, and the HHS Office of the Inspector General (OIG). The purpose of the access is to facilitate performance inspections and reviews, security and compliance audits, and law enforcement investigations. For security audits, the audit may include but not be limited to such items as buffer overflows, open ports, unnecessary services, lack of user input filtering, cross site scripting vulnerabilities, SQL injection vulnerabilities, and any other known vulnerabilities.
ii. At any tier handling or accessing protected information, fully cooperate with all audits, inspections, investigations, forensic analysis, or other reviews or requirements needed to carry out requirements presented in applicable law or policy. Beyond providing access, full cooperation also includes, but is not limited to, disclosure to investigators of information sufficient to identify the nature and extent of any criminal or fraudulent activity and the individuals responsible for that activity. It includes timely and complete production of requested data, metadata, information, and records relevant to any inspection, audit, investigation, or review, and making employees of the contractor available for interview by inspectors, auditors, and investigators upon request. Full cooperation also includes allowing the Government to make reproductions or copies of information and equipment, including, if necessary, collecting a machine or system image capture.
iii. Segregate Government protected information and metadata on the handling of Government protected information from other information. Commingling of information is prohibited. Inspectors, auditors, and investigators will not be precluded from having access to the sought information if sought information is commingled with other information.
iv. Cooperate with inspections, audits, investigations, and reviews.
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3. TRAINING REQUIREMENTS
a. Mandatory Training for All Contractor Staff. All Contractor (and/or any subcontractor) employees assigned to work on this contract shall complete the applicable HHS/NIH Contractor Information Security Awareness, Privacy, and Records Management training course at http://irtsectraining.nih.gov/ before performing any work under this contract. Thereafter, the employees shall complete NIH Information Security Awareness, Privacy, and Records Management training at least annually, during the life of this contract. All provided training shall be compliant with HHS training policies.
b. Role-based Training. All Contractor (and/or any subcontractor) employees with significant security responsibilities (as determined by the program manager) must complete role- based training annually commensurate with their role and responsibilities in accordance with HHS policy and the HHS Role- Based Training (RBT) of Personnel with Significant Security Responsibilities Memorandum. Read further guidance about the NIH Role-based Training at: https://www.hhs.gov/about/agencies/asa/ocio/cybersecurity/ security-awareness-training/index.html .
c. Training Records. The Contractor (and/or any subcontractor) shall maintain training records for all its employees working under this contract in accordance with HHS policy. A copy of the training records shall be provided to the CO and/or COR within 30 days after contract award and annually thereafter or upon request.
12. Section 508 Annual Report
The Contractor must submit an annual Section 508 report in accordance with the schedule set forth by the Contracting Officer (CO)/Contracting Officer's Representative (COR). The Section 508 Report Template and Instructions for completing the report are available at: https://www.hhs.gov/sites/ default/files/web/508/contracting/technology/section_508_annual_report.doc.
http://irtsectraining.nih.gov/ https://www.hhs.gov/about/agencies/asa/ocio/cybersecurity/security-awareness-training/index.html https://www.hhs.gov/about/agencies/asa/ocio/cybersecurity/security-awareness-training/index.html https://www.hhs.gov/sites/default/files/web/508/contracting/technology/section_508_annual_report.doc https://www.hhs.gov/sites/default/files/web/508/contracting/technology/section_508_annual_report.doc
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SECTION D - PACKAGING, MARKING AND SHIPPING
All deliverables required under this contract shall be packaged, marked and shipped in accordance with Government specifications. At a minimum, all deliverables shall be marked with the contract number and Contractor name. The Contractor shall guarantee that all required materials shall be delivered in immediate usable and acceptable condition.
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SECTION E - INSPECTION AND ACCEPTANCE
a. The Contracting Officer or the duly authorized representative will perform inspection and acceptance of materials and services to be provided.
b. For the purpose of this SECTION, the Contracting Officer's Representative (COR) is the authorized representative of the Contracting Officer.
c. Inspection and acceptance will be performed at:
National Cancer Institute 9609 Medical Center Drive Bethesda, MD 20892
Acceptance may be presumed unless otherwise indicated in writing by the Contracting Officer or the duly authorized representative within 30 days of receipt.
d. This contract incorporates the following clause by reference, with the same force and effect as if it were given in full text. Upon request, the Contracting Officer will make its full text available.
FAR Clause 52.246-5, Inspection of Services - Cost-Reimbursement (April 1984).
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SECTION F - DELIVERIES OR PERFORMANCE
ARTICLE F.1. PERIOD OF PERFORMANCE
a. The period of performance of this contract shall be from 08/24/2023 through 08/23/2024.
a. If the Government exercises its option(s) pursuant to the OPTION PROVISION Article in Section H of this contract, the period of performance will be increased as listed below:
Option Option Period Option Period 1 08/24/2024 – 08/23/2025 Option Period 2 08/24/2025 – 08/23/2026 Option Period 3 08/24/2026 – 08/23/2027 Option Period 4 08/24/2027 – 08/23/2028
ARTICLE F.2. DELIVERIES
Satisfactory performance of the final contract shall be deemed to occur upon performance of the work described in the Statement of Work Article in SECTION C of this contract and upon delivery and acceptance by the Contracting Officer, or the duly authorized representative, of the following items in accordance with the stated delivery schedule:
a. The items specified below as described in the REPORTING REQUIREMENTS Article in SECTION C of this contract will be required to be delivered F.o.b. Destination as set forth in FAR 52.247-35, F.o.b. DESTINATION, WITHIN CONSIGNEES PREMISES (APRIL 1984), and in accordance with and by the date(s) specified below [and any specifications stated in SECTION D, PACKAGING, MARKING AND SHIPPING, of this contract]:
Item Description Delivery Schedule
(1) Monthly Progress Reports Fifteen (15) calendar days after the last day of each calendar month
(2) Annual Progres Reports Fifteen (15) calendar days after the last day of each calendar month
(3) Final Report On the expiration date of the contract
(4) Contractor-Employee Non-
Disclosure Agreement Prior to commencing work on the contract
(5) Roster of Employees Requiring Suitability Investigations
Five (5) calendar days of contract award and of any staffing changes
(6) Reporting of New and Departing Employees And Employee Separation Checklist
Within five (5) business days of staffing changes for positions that require suitability investigations.
(7) Information Security Training Report and Certificates of Completion
Thirty (30) calendar days of contract award and in the Monthly Progress Reports
(8) Quality Control Plan Sixty (60) calendar days from start contract with Revisions as needed/ directed by the COR
(9) Standard Operating Procedures (SOPs)
One hundred twenty (120) calendar days from contract award and as directed by the COR for new SOPs or revisions
(10) Contingency Plan Sixty (60) calendar days from award of the contract
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Item Description Delivery Schedule
(11) Inventory Report Thirty (30) calendar days prior to the end of the contract year
(12) Transition Plan Sixty days prior to the expiration of the contract
(13) Service Contract Report Annually, in www.sam.gov
(14) Source Code and Object Code On the expiration date of the contract
(15) Vulnerability Scanning Reports 10 days following the end of each reporting period
a. The above items shall be addressed and delivered to:
Addressee Deliverable Item No Submit to:
Contracting Officer’s Representative (COR) – TBD
1-12 and 14-15 ncibranchbinvoices@mail.nih.gov
Contracting Officer, PCPSB, OA, NCI, NIH
1-12 and 14-15 ncibranchbinvoices@mail.nih.gov
ARTICLE F.3. LEVEL OF EFFORT
a. During the period of performance of this contract, the Contractor shall provide TBD direct labor Hours . The labor Hours Include vacation, holiday, and sick leave. These labor Hours Include subcontractor labor Hours .
It is estimated that the labor Hours are constituted as specified below and will be expended approximately as follows:
Labor Hours
Labor Category Year 1 Year 2 Year 3 Year 4 Year 5 Professional TBD Professional Support
Administrative Support
Totals TBD TBD TBD TBD TBD
b. The Contractor shall have satisfied the requirement herein if not less than 90% nor more than 10% of the total direct labor Hours specified herein are furnished. These terms and conditions do not supersede the requirements of either the "Limitation of Cost" or "Limitation of Funds" clause.
c. In the event fewer Hours than the minimum specified number of direct labor Hours in the total categories are used by the Contractor in accomplishing the prescribed work and the Government has not invoked its rights under FAR Clause 52.249-6, TERMINATION (Cost-Reimbursement) incorporated in this contract, these parties agree that the fee will be adjusted based solely upon the quantity of Hours by which the number of direct labor Hours furnished is less than the number of direct labor Hours specified in this ARTICLE. The resulting adjustment shall be evidenced by a contract modification.
ARTICLE F.4. CLAUSES INCORPORATED BY REFERENCE, FAR 52.252-2 (FEB 1998).
This contract incorporates the following clause(s) by reference, with the same force and effect as if it were given in full text. Upon request, the Contracting Officer will make its full text available. Also, the full text of a clause may be accessed electronically at this address: https://www.acquisition.gov/?q=browsefar.
mailto:ncibranchbinvoices@mail.nih.gov mailto:ncibranchbinvoices@mail.nih.gov https://www.acquisition.gov/?q=browsefar
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FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSE:
52.242-15, Stop Work Order (August 1989)
Alternate I (April 1984) is applicable to this contract.
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SECTION G - CONTRACT ADMINISTRATION DATA
ARTICLE G.1. CONTRACTING OFFICER REPRESENTATIVE (COR)
The following Contracting Officer Representative (COR) will represent the Government for the purpose of this contract:
To be specified prior to award
The COR is responsible for: (1) monitoring the Contractor's technical progress, including the surveillance and assessment of performance and recommending to the Contracting Officer changes in requirements; (2) interpreting the statement of work and any other technical performance requirements; (3) performing technical evaluation as required; (4) performing technical inspections and acceptances required by this contract; and (5) assisting in the resolution of technical problems encountered during performance.
The Contracting Officer is the only person with authority to act as agent of the Government under this contract. Only the Contracting Officer has authority to: (1) direct or negotiate any changes in the statement of work; (2) modify or extend the period of performance; (3) change the delivery schedule; (4) authorize reimbursement to the Contractor for any costs incurred during the performance of this contract; (5) otherwise change any terms and conditions of this contract; or (6) sign written licensing agreements. Any signed agreement shall be incorporated by reference in Section K of the contract
The Government may unilaterally change its COR designation.
ARTICLE G.2. KEY PERSONNEL, HHSAR 352.237-75 (December 2015)
The key personnel specified in this contract are considered to be essential to work performance. At least 30 days prior to the contractor voluntarily diverting any of the specified individuals to other programs or contracts the Contractor shall notify the Contracting Officer and shall submit a justification for the diversion or replacement and a request to replace the individual. The request must identify the proposed replacement and provide an explanation of how the replacement's skills, experience, and credentials meet or exceed the requirements of the contract (including, when applicable, Human Subjects Testing requirements). If the employee of the contractor is terminated for cause or separates from the contractor voluntarily with less than thirty days notice, the Contractor shall provide the maximum notice practicable under the circumstances. The Contractor shall not divert, replace, or announce any such change to key personnel without the written consent of the Contracting Officer. The contract will be modified to add or delete key personnel as necessary to reflect the agreement of the parties.
(End of Clause)
The following individual(s) is/are considered to be essential to the work being performed hereunder:
Name Title
TBD
ARTICLE G.3. INVOICE SUBMISSION/CONTRACT FINANCING REQUEST AND CONTRACT
FINANCIAL REPORT
a. Invoice Submission/Contract Financing Request, NIH(RC)-1for NIH Cost-Reimbursement Type Contracts are attached and made part of this contract. The Contractor shall follow the attached instructions and submission procedures specified below to meet the requirements of a "proper invoice" pursuant to FAR Subpart 32.9, Prompt Payment.
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1. The Contractor shall submit invoice to the National Institutes of Health (NIH)/Office of Financial Management (OFM) via email at invoicing@nih.gov with a copy to the approving official, as directed below. The Contractor must follow step-by-step instructions as stated in the NIH/OFM Electronic Invoicing Instructions for NIH Contractors/Vendors , which is included as an attachment in Section J of this contract. The invoice shall be transmitted as an attachment via email to the address listed above in one of the following formats: Word, or Adobe Portable Document Format (PDF). The Contractor must submit only one invoice per email. Do not submit supporting documentation (e.g., receipts, time sheets, vendor invoices, etc.) with your invoice unless specified elsewhere in the contract or requested by the Contracting Officer.
The Contractor shall submit a copy of the electronic invoice to the following Approving Official (Contracting Officer) and Contracting Officer Representative:
Approving Official: Contracting Officer
Name- TBD Email Address- TBD
Contracting Officer Representative
Name- TBD Email Address- TBD
For inquiries regarding the status of invoices, contact OFM Customer Service via email at ofm_customer_service@incontactemail.com or via phone at 301-496-6088. To send your inquiries via other available communication methods refer to the OFM Customer Service website at https:// ofm.od.nih.gov/Pages/Customer-Service.aspx .
Note: The OFM Customer Service is open Eastern Standard Time Monday - Friday from 8:30 a.m. to 5:00 p.m. and is closed between 12:00 p.m. to 1:00 p.m.
One courtesy copy of the original invoice shall be submitted electronically as follows:
The Central Point of Distribution:
NCI OA Branch B - ncibranchbinvoices@mail.nih.gov
Invoices shall be submitted in accordance with Electronic Invoicing Instructions for NIH Contractors/ Vendors , which is included as an attachment in Section J of this contract.
2. In addition to the requirements specified in FAR 32.905 for a proper invoice, the Contractor shall include the following information on the face page of all payment requests:
a. Name of the Office of Acquisitions. The Office of Acquisitions for this contract is National Cancer Institute .
b. Federal Taxpayer Identification Number (TIN). If the Contractor does not have a valid TIN, it shall identify the Vendor Identification Number (VIN) on the payment request. The VIN is the number that appears after the Contractor's name on the face page of the contract. [Note: A VIN is assigned to new contracts awarded on or after June 4, 2007, and any existing contract modified to include the VIN number.] If the Contractor has neither a TIN, DUNS, or VIN, contact the Contracting Officer. Note: The Contractor shall not include TIN if it is a Social Security Number.
c. DUNS or DUNS+4 Number. The DUNS number must identify the Contractor's name and address exactly as stated in the contract and as registered in the Central Contractor Registration (CCR) database. If the Contractor does not have a valid DUNS number, it shall identify the https://ofm.od.nih.gov/Pages/Home.aspx https://ofm.od.nih.gov/Pages/Home.aspx mailto:invoicing@nih.gov https://oamp.od.nih.gov/DGS/DGS-workform-information/attachment-files https://oamp.od.nih.gov/DGS/DGS-workform-information/attachment-files mailto:OFM%20Customer%20Service mailto:ofm_customer_service@incontactemail.com https://ofm.od.nih.gov/Pages/Customer-Service.aspx https://ofm.od.nih.gov/Pages/Customer-Service.aspx mailto:ncibranchbinvoices@mail.nih.gov https://oamp.od.nih.gov/DGS/DGS-workform-information/attachment-files https://oamp.od.nih.gov/DGS/DGS-workform-information/attachment-files
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Vendor Identification Number (VIN) on the payment request. The VIN is the number that appears after the Contractor's name on the face page of the contract. [ Note: A VIN is assigned to new contracts awarded on or after June 4, 2007, and any existing contract modified to include the VIN number.] If the Contractor has neither a TIN, DUNS, or VIN, contact the Contracting Officer.
d. Invoice Matching Option. This contract requires a two-way match.
e. Unique Invoice Number. Each payment request must be identified by a unique invoice number, which can only be used one time regardless of the number of contracts or orders held by an organization.
f. The Contract Title is:
Protocol Information Office (PIO) Support Services
g. Contract Line Items as follows:
Line Item # Line Item Description
TBD
b. Inquiries regarding payment of invoices shall be directed to the designated billing office, (301) 496-6088.
c. The Contractor shall include the following certification on every invoice for reimbursable costs incurred with Fiscal Year funds subject to HHSAR Clause 352.231-70, Salary Rate Limitation in SECTION I of this contract.
For billing purposes, certified invoices are required for the billing period during which the applicable Fiscal Year funds were initially charged through the final billing period utilizing the applicable Fiscal Year funds:
"I hereby certify that the salaries charged in this invoice are in compliance with HHSAR Clause 352.231-70, Salary Rate Limitation in SECTION I of the above referenced contract."
ARTICLE G.4. PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS
SUBCONTRACTORS, FAR 52.232-40 (Nov 2021)
a. Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.
b. The acceleration of payments under this clause does not provide any new rights under the prompt Payment Act.
c. Include the…
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