RFP SRTR.pdf

SECTION A – STANDARD FORM (SF) 33

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SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 Purpose of Contract

The Health Resources and Services Administration (HRSA) is seeking a contractor to operate the Scientific Registry of Transplant Recipients (SRTR). The Contractor will be responsible for providing statistical and other analytic support to the Organ Procurement and Transplantation Network (OPTN) for purposes including the formulation and evaluation of organ allocation and other OPTN policies. Additionally, the Contractor will provide analytic support to HHS in a variety of areas including: policy formulation and evaluation, system performance metrics, economic analysis, and preparation of recurring and special reports to Congress. The contractor will also make updated and modernized Simulated Allocation Models (SAMs) software available to the public through an open source distribution mechanism.

B.2 Compensation Cost/Price

1. In consideration of the satisfactory performance of the services and tasks detailed in Section J– Attachment A- Performance Work Statement, the Contractor shall be compensated in accordance with the following amounts:

a) Base Period (Period of Performance X – X) The cost to the Government for full performance of the base period under this contract will be

b) Option Period One (Period of Performance X – X) The cost to the Government for full performance of Option Period One, if exercised, under this contract will be $--------------.__________

c) Option Period Two (Period of Performance X – X) The cost to the Government for full performance of Option Period Two, if exercised, under this contract will be $--------------.

d) Option Period Three (Period of Performance X – X) The cost to the Government for full performance of Option Period Three, if exercised, under this contract will be $---------------.__________

e) Option Period Four (Period of Performance X – X) The cost to the Government for full performance of Option Period Four, if exercised, under this contract will be $----------------.__________

f) Optional Task Optional Task 16. Develop a transition plan and complete the transition from the existing SRTR Contractor within 90 days after the effective date of the contract (EDOC).

The cost to the Government for full performance of Optional Task 16, if exercised, under this contract will be $___________.

g) Optional Task Optional Task Optional Task 16.1. Submit a transition-out plan for transfer of all materials and meeting with the new Contractor during transition.

The cost to the Government for full performance of Optional Task 16.1, if exercised, under this contract will be $___________.

h) Optional Task Optional Task 17. External data set acquisition.

Base Period: $______________.

Option Period 1: $----------------.

Option Period 2: $___________.

Option Period 3: $___________.

Option Period 4: $___________.

The cost to the Government for full performance of Optional Task 17, if exercised, under this contract will be $------------------.

i) Optional Task 18.1: Execution of Small Special Studies.

Option Period 1: $___________.

Option Period 2: $-----------------.___________.

Option Period 4: $-----------------.___________.

The cost to the Government for full performance of Optional Task 18.1, if exercised, under this

j) Optional Task 18.2: Execution of Medium Special Studies.

Option Period 1: $-----------------._____________.

Option Period 2: $___________.

Option Period 3: $-----------------.

Option Period 4: $___________.

The cost to the Government for full performance of Optional Task 18.2, if exercised, under this contract will be $__________.

k) Optional Task 18.3: Execution of Large Special Studies

Base Period: $---------------------.

Option Period 1: $___________.

Option Period 2: $-----------------.___________

Option Period 4: $-----------------.

The cost to the Government for full performance of Optional Task 18.3, if exercised, under this

2. The total cost for the Base Period and all four options periods is $--------------.

3. The total cost for all optional tasks is $________________________.

4. The total cost for the Base Period, all options four periods and optional tasks is $_________________.

B.3 Allowable Costs

Costs shall be determined by the Contracting Officer to be allowable in accordance with FAR Subpart

31.2 in effect on the date of this Contract and the terms of this Contract.

B.4 Direct Costs

The Contractor will be reimbursed for all costs as described below, incurred directly and specifically in the performance of this contract, claimed by the Contractor, and accepted by the Contracting Officer:

1. Salaries and wages of the Contractor's employees directly employed in performing the work required by this contract, including related fringe benefits if treated as a direct cost; otherwise, fringe benefits may be claimed as part of indirect costs below.

2. Materials and services required in the performance of this contract, after deducting all discounts for the purchase of such materials and services.

3. Consultant fees or other payments to consultants required in the performance of this contract, provided, that such fees or payments shall not exceed the daily rate of $“to be determined prior to award” per day, exclusive of travel costs, without the written approval of the Contracting Officer.

4. Travel and subsistence expenses exclusively in direct performance of this contract. The Contractor shall be reimbursed for transportation costs and travel allowances in accordance with the established Travel policy of the Contractor, but subject to the following limitations:

a. Such transportation cost shall not be reimbursed in an amount greater than the cost of first class rail or of economy air travel. Travel allowances for per diem shall be reimbursed in accordance with the Contractor's established Travel policy, but in no event shall such allowances exceed the prevailing Government rate except within the corporate limits of those cities and other specified areas where higher ceiling rates have been established by the General Services Administration for Civil Service employees in travel status.

b. The Contractor shall be reimbursed for the cost of travel performed by its personnel in a privately owned automobile not to exceed the cost by the most direct economy air route between the points so traveled. If more than one person travels in such automobile, no additional charge will be made by the Contractor for such travel between such points. Reimbursement shall be in accordance with the Contractor’s established travel policy, but in no event shall such allowances exceed the prevailing Government rate (as set by Federal Travel Regulations–see www.gsa.gov).

5. HRSA will not reimburse travelers for unauthorized or excess expenses.

B.5 Prior Authorization of Certain Direct Costs

1. Purchase Orders and Subcontracts are governed by FAR Clause 52.244-2, Subcontracts (OCT 2010) of the General Provisions except as may be indicated herein.

2. The Contractor shall not incur any of the following costs without the prior written approval of the Contracting Officer. Incurrence of such costs with the intent of claiming reimbursement as direct costs under this contract shall be at the Contractor's own risk, if without such prior written authorization:

a. Purchase or rental of any item of equipment including furniture or office equipment regardless of cost.

b. Any rental or purchase agreement for real or personal property, or any term contract for maintenance.

c. Travel for general scientific meetings.

d. Rearrangement, alternation or relocation of facilities.

B.6 Indirect Costs

1. The allowable indirect costs under this contract shall be established in accordance with the General Provision of this contract and FAR 52.216-7, Allowable Cost and Payment (Aug 2018).

2. Pending the establishment of the negotiated indirect cost rates, the provisional rates below are approved for billing purposes only.

3. The fixed ceiling contract rates should be used for the life of the contract unless the cognizant auditing agency established lower rates.

TYPE PROVISIONAL

RATE

FIXED CEILING

CONTRACT

RATE

Fringe Benefits Overhead G&A

4. If the Contractor does not have a current rate agreement, within the first 90 days after the effective date of this contract, the Contractor shall initiate a request for indirect cost rate agreement from the following:

Hruta Virkar National Institutes of Health http://www.gsa.gov/

6011 Executive Blvd Room 549C-1 Rockville, MD 20852 301-496-4137 hruta.virkar@nih.gov

The request shall be accompanied by an indirect cost rate proposal and its supporting data. If the Contractor does not comply with these requirements within the allotted time frame, then the Contracting Office will suspend all indirect costs being billed after 90 days.

5. The final indirect cost rates applicable to this contract shall not exceed the ceiling rates listed above;

provided, however, that in the event the rates are determined by the cognizant negotiated indirect cost official, on the basis of actual allowable costs to be less than the provisional and ceiling rates agreed to herein, then the lower rates as established by such cognizant official shall apply.

6. Notwithstanding the foregoing, the contractor shall comply with the requirements of FAR 52.232-20 – Limitation of Cost (Apr 1984) for any CAS covered contracts.

mailto:hruta.virkar@nih.gov

SECTION C – DESCRIPTION/SPECIFICATIONS/ STATEMENT OF WORK

C.1 Performance Work Statement

Independently and not as an agent of the Government, the Contractor shall furnish all personnel, material, facilities, services, and equipment as needed to perform the Performance Work Statement forth in Section J (Attachment A) attached hereto and made part of this document.

C.2 Incorporation of Contractor’s Proposal

It is understood and agreed that the Contractor shall, in meeting the requirements of this contract, perform the work in accordance with the Contractor’s proposal to the Health Resources and Services Administration originally dated ______________ and revised ___________, provided however, that to the extent that any clauses of the articles of this contract are in conflict or inconsistent with any clauses of said proposal, the provisions of the articles of this contract shall control and shall supersede the provisions of said proposal; therefore, the contractor’s proposal is hereby incorporated into the resultant contract.

SECTION D – PACKAGING AND MARKING

All reports and documents shall have, at a minimum in the document header, the contract number, and the COR’s name. All reports and documents shall have, at a minimum in the document footer, the author in the lower left corner, the page # of total # of pages in the center bottom of the page, and the date and /or version of the document (not the auto date) in the lower right corner.

The Contractor shall deliver all items at the time indicated in the Deliverables Schedule.

a. All deliverable reports are to carry at the top of the first page the following information:

1) Contract number

2) Deliverable item number

3) Deliverable item delivery due date

4) Date of submission

SECTION E – INSPECTION AND ACCEPTANCE

E.1 Inspection and Acceptance

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

E.2 52.246-5 -- Inspection of Services -- Cost-Reimbursement (Apr 1984)

(a) Definition. “Services,” as used in this clause, includes services performed, workmanship, and material furnished or used in performing services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all places and times during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If any of the services performed do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, for no additional fee. When the defects in services cannot be corrected by reperformance, the Government may -

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce any fee payable under the contract to reflect the reduced value of the services performed.

(e) If the Contractor fails to promptly perform the services again or take the action necessary to ensure future performance in conformity with contract requirements, the Government may --

(1) By contract or otherwise, perform the services and reduce any fee payable by an amount that is equitable under the circumstances; or

(2) Terminate the contract for default.

SECTION F – DELIVERIES OR PERFORMANCE

F.1 Observance of Federal Holidays

Official Holidays New Year’s Day January 1st Martin Luther King’s Birthday 3rd Monday in January Presidents’ Day 3rd Monday in February Memorial Day Last Monday in May Independence Day July 4th Labor Day 1st Monday in September Columbus Day 2nd Monday in October Veterans’ Day November 11th Thanksgiving Day 4th Thursday in November Christmas Day December 25th Inauguration Day Every fourth year, Washington, DC

F.2 Period of Performance

The period of performance shall be a base period of twelve months and four (4) twelve-month option periods. The option periods under this contract may be exercised in accordance with FAR clause 52.217- 9 Option to Extend the Term of the Contract (MAR 2000). The period of performance under this contract shall commence with the effective date of the contract.

F.3 Schedule of Deliverables

See Attachment A.

The contractor shall submit deliverables as described in subsequent table to the COR via an email. The format of the deliverables shall be specified by the COR.

Reporting Requirements and Deliverables

1. The contractor shall submit the items in quantities and during the time periods indicated above to the following email address:

Division of Transplantation

Healthcare Systems Bureau Health Resources and Services Administration U.S. Department of Health and Human Services 5600 Fishers Lane Rockville, MD 20857

Email:TBD

b. All deliverable reports shall include a cover page with the following information:

1) Contract number

2) Deliverable item number

3) Deliverable item delivery due date

4) Date of submission

All reports and documents shall have, at a minimum in the document header, the contract number, and the COR’s name. All reports and documents shall have, at a minimum in the document footer, the author in the lower left corner, the page # of total # of pages in the center bottom of the page, and the date and /or version of the document (not the auto date) in the lower right corner.

b. All deliverables items are to be separate physical entities.

c. All deliverables are subject to the review and approval of the COR.

F.4 52.242-15 Stop-Work Order (Aug 1989)

(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either-

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the Termination for

Convenience of the Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if-

(1) The stop-work order results in an increase in the time required for, or in the Contractor’s cost properly allocable to, the performance of any part of this contract; and

(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

(End of clause)

Alternate I (Apr 1984). If this clause is inserted in a cost-reimbursement contract, substitute in paragraph (a)(2) the words “the Termination clause of this contract” for the words “the Default, or the Termination for Convenience of the Government clause of this contract.” In paragraph (b) substitute the words “an equitable adjustment in the delivery schedule, the estimated cost, the fee, or a combination thereof, and in any other terms of the contract that may be affected” for the words “an equitable adjustment in the delivery schedule or contract price, or both.”

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 Contracting Officer’s Authority

The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract, and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the Contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price.

G.2 Designation of Contracting Officer Representative (COR)

The person identified below is hereby designated as the Contracting Officer Representative (COR) for this contract. The responsibility of the COR is to ensure that the Government’s technical objectives are met. To this end, the COR will provide necessary information, direction, coordination, etc., within the contractual work description. Issuance of changes which affect the articles, terms, or conditions of this contract will be accomplished through the Contracting Officer who is the only party authorized to bind the Government to contract:

TBD

Division of Transplantation Health Systems Bureau Health Resources and Services Administration U.S. Dept. of Health and Human Services 5600 Fishers Lane Rockville, MD 20857

Phone Number: TBD Email: TBD

G.3 Contracting Officer’s Representative’s Responsibility

Technical Direction – The COR will provide the necessary information, direction, and coordination within the confines of the existing contractual work description in order for the contract to have a successful outcome for the government.

This includes providing technical direction to the Contractor to guide the contract effort in order to accomplish the contractual performance work statement. This may include providing information to the Contractor for assistance in the interpretation of government provided information, specifications or technical portions of the work description, and where required by the contract, review and approval of product deliverables of the Contractor to the Government under the contract. Only the Contracting Officer has the authority to make a formal change to the contract.

G.4 Restrictions on the Contracting Officer’s Representative’s Authority

Direction given by the COR to the Contractor must be within the parameters of the Performance Work Statement as stated in the Contract.

The COR may not issue any direction to the Contractor that:

1. Solicits a proposal, OR

2. Constitutes an assignment of additional work outside the Performance Work Statement of this

Contract, OR

3. In any manner causes an increase in the total contract cost or the time required for contract performance, OR

4. Changes any of the express terms, conditions, or specifications of the Contract (i.e., changes in the cost or scope of work, instructions to start or stop work, approval of any actions that will result in additional charges to the government).

Issuance of changes that affect the articles, terms, or conditions of this Contract will be accomplished through the Contracting Officer, who is the only party authorized to bind the Government to contract and the only party who can determine if a direction is within the Performance Work Statement.

G.5 Key Personnel

Pursuant to the Key Personnel clause (HHSAR 352.237-75) referenced in SECTION I of this contract, the following individual(s) is (are) designated as Key Personnel and considered to be essential to the work being performed under this contract:

Title Name

(To be completed at time of award)

Contact information for key personnel:

The person identified as the ______________ shall direct the necessary work and services toward fulfillment of the contractual requirements. Prior to removing, replacing, or diverting the specified individual(s), the Contractor shall notify the Contracting Officer in writing and reasonably in advance, and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the contract. No diversion shall be made by the Contractor without the written consent of the Contracting Officer, provided that the Contracting Officer may ratify in writing changes made due to events beyond the control of the Contractor, and such ratification shall constitute the consent of the Contracting Officer required by this clause. Examples of events beyond the control of the Contractor are: (1) prolonged sickness, (2) termination of employment, and (3) death. Key personnel, with the consent of the Contracting Officer, may be amended from time to time during the course of the contract to either add or delete personnel, as appropriate.

G.6 Submission of Invoices and Place of Payment

1. The Contactor shall submit payment requests to hrsainvoices@hrsa.gov as often as mailto:hrsainvoices@hrsa.gov monthly using Standard Form 1034, Public Voucher for Purchases and Services Other Than Personal. The SF 1034 and supporting documentation must be submitted in PDF format.

Payment shall be made in accordance with the terms of the contract.

2. The Contractor agrees to submit a voucher in accordance with Section J, Attachment B, Billing Instructions. VOUCHERS WITHOUT ALL REQUIRED INFORMATION WILL

BE DENIED UNTIL THE PROPER INFORMATION IS SUBMITTED.

3. For inquiries regarding voucher submission, e-mail your concerns to hrsainvoices@hrsa.gov .

4. For inquiries regarding technical issues, inspection and acceptance, call your Contracting Officer Representative (COR).

5. For inquiries regarding suspension or rejection of costs submitted, call your Contract Specialist.

6. Payment shall be made by:

PSC/FMP/AS

U.S. Department of Health and Human Services Program Support Center 7700 Wisconsin Ave., Suite 9000 Bethesda, MD 20814 Telephone: 301-492-5233 Fax: 301-480-5089 Email: pscinvoiceinquiries@psc.hhs.gov

G.7 Electronic Funds Transfer

The Contractor shall designate a financial institution for receipt of electronic funds transfer payments and it shall be reported in Systems for Award Management (SAM) and shall be submitted in writing to the finance office set forth in Section G.5.6. All data stored in the CCR and ORCA has been transferred to the new Systems for Award Management (SAM) and can be found at www.sam.gov. Contractors are encouraged to periodically review their file for accuracy and are required to re-reregister before their expiration date, which is the same date as their CCR expiration date. SAM will notify users by e-mail that their file is due to expire beginning 60 days prior to expiration, then 30 days and finally 15 days before expiration. Directions on how to navigate SAM can be found on the site’s Home Page by clicking Help in the navigation bar at the top of the page.

G.8 Evaluation of Contractor’s Performance evaluation of Contractor performance shall be conducted on this contract in Interim and final evaluation of Contractor performance on this contract shall be conducted in accordance with FAR Subpart 42.15, and HHSAR 342.7001(d). Upon contract completion, a final evaluation of the Contractor’s performance shall be completed by the Government; see Section J, Attachment C.

The Government will conduct an evaluation of Contractor’s performance based on the completion of the tasks stated in the SOW. HRSA documents contractor performance using the Contractor Performance mailto:hrsainvoices@hrsa.gov mailto:pscinvoiceinquiries@psc.hhs.gov http://www.sam.gov/

Assessment Rating System (CPARS) (www.cpars.gov). The evaluation shall be conducted by the COR and be comprised of an evaluation of contractor performance completed by the Contractor and Federal staff, and a review of progress reports and financial reports (deliverables).

G.9 Subcontracting Plan Provisions (Applies to Other than Small Business)

a. Small Business and Small Disadvantaged Business Subcontracting Plan

(1) The Small Business and Small Disadvantaged Business Subcontracting Plan is attached hereto and made a part of this Contract.

(2) The failure of any contractor or subcontractor to comply in good faith with the Clause entitled, “Utilization of Small Business Concerns and Small Disadvantaged Business Concerns” incorporated in this Contract and the attached Subcontracting Plan, will be a material breach of Contract or Subcontract.

b. Small Disadvantaged Business (SDB) Participation Plan

(1) The Small Disadvantaged Business (SDB) Participation Plan, dated TBD is attached hereto and made a part of this Contract.

(2) In compliance with FAR 52.219-25, Small Disadvantaged Business Participation Program- Disadvantaged Status and Reporting, if this contract contains SDB participation targets, the Contractor shall report on the participation of SDB concerns. Reporting shall be on Optional Form 312, Small Disadvantaged Business Participation Report, or in the Contractor’s own format providing the same information and shall be submitted on an annual basis and upon completion of the contract. In no event shall the targets identified in the attached SDB Participation Plan be revised without the prior written authorization of the Contracting Officer.

(3) The failure of any Contractor or subcontractor to comply in good faith with FAR Clause 52.219-25, entitled, “Small Disadvantaged Business Participation Program – Disadvantaged Status and Reporting” incorporated in this contract and the attached SDB Participation Plan, will be a material breach of such contract or subcontract and subject to the remedies reserved to the Government under FAR Clause 52.219-16 entitled, “Liquidated Damages-Subcontracting Plan.”

c. Subcontracting Reports

(1) The Contractor shall submit the Individual Subcontract Report and Summary Subcontract Report using the web-based Electronic Subcontracting Reporting System (eSRS) at www.esrs.gov following the instruction in eSRS as supplemental by agency regulations;

Ensure that its subcontractors with subcontracting plans agree to submit the Individual Subcontract Report and/or Summary Subcontractor Report using eSRS;

Provide the prime contract number, the task order number, if applicable, and the prime contractor’s DUNS numbers to all first-tier subcontractors with subcontracting plans so they can enter this information into eSRS with their reports; and

Ensure that all subcontractors with subcontracting plans under the flow-down requirements of subparagraph (a)(9) above, at every tier, provide the prime contract number, the order number, if applicable and their own DUNS number to all of their subcontractors with subcontracting plans.

Regardless of the effective date of this Contract, the reports shall be submitted no later than the following dates for the applicable reporting period for the entire life of this Contract:

April 30 October 31

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 Conflict of Interest

1. Conflict of Interest:

The Contractor shall have procedures in place to monitor and disclose all Organizational and Personal Conflicts of Interest throughout the life of the contract.

COI information shall be submitted as follows:

(a) Initial Submission of COI Information: The Contractor shall submit Conflict of Interest information identified in the performance of the contract.

(b) Mitigation/Resolution: The CO determines whether a COI has been identified and whether the actual, potential or apparent COI has been mitigated/resolved to the Government’s satisfaction. The Contractor's approved COI Mitigation/Resolution plan shall be incorporated into the contract.

In cases whereby a COI cannot be, or has not been, mitigated to the CO’s satisfaction, the CO may take the following action including, but not limited to:

i. Request a waiver in accordance with FAR 9.503 Waiver, from the Head of the Contracting

Activity; or

ii. Make changes to the requirements of the contract; or

iii. Terminate the contract.

(c) Conflict of Interest Disclosure During Contract Performance: COI Disclosure Revisions shall be submitted to the CO

a. Subcontractor Flow-Down Clause: The prime Contractor is responsible for avoiding, neutralizing and mitigating all actual, potential, or apparent COIs of its Subcontractors, in accordance with this clause. Therefore, the prime Contractor shall flow-down applicable clauses of this contract in all subcontracts. For Subcontractors, wherever the term “Contractor” is used, insert “Subcontractor.”

H.2 Equipment/Computer Needs

The Contractor shall not use federal funding available through this contract for costs incurred for services or equipment which are reimbursable as part of another government contract. Also, the federal funding available through this contract shall not be used to reimburse the Contractor for the purchase of computer hardware and/or software without prior Contracting Officer approval.

The Contractor shall have the necessary computer hardware and software development tools to perform the contract.

H.3 Use of Appropriated Funds to acquire Food/Light Refreshments

It is the Department's policy that appropriated funds (whether from an annual appropriation, multi-year appropriation, appropriated user fee, mandatory appropriation, gift funds, or reimbursements from such appropriations, etc.) shall not be used to purchase food (whether for conferences or meetings; for meals, light refreshments, or beverages) for federal or nonfederal participants.

SECTION I – CONTRACT CLAUSES

I.1 Federal Acquisition Regulation (FAR) (48 CFR Chapter 1) Contract Clauses

A. FAR 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 www.acquisition.gov/far.

Clause No. Title Date

52.202-1 Definitions Nov 2013 52.203-3 Gratuities Apr 1984 52.203-5 Covenant Against Contingent Fees May 2014 52.203-6 Restrictions on Subcontractor Sales to the Government Jun 2020 52.203-7 Anti-Kickback Procedures Jun 2020 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal May 2014 or Improper Activity 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. May 2014 52.203-12 Limitation on Payments to Influence Certain Federal Jun 2020

Transactions 52.203-13 Contractor Code of Business Ethics and Conduct Jun 2020 52.203-14 Display of Hotline Poster(s) Jun 2020 52.203-16 Preventing Personal Conflicts of Interest Jun 2020 52.203-17 Contractor Employee Whistleblower Rights and Jun 2020 Requirement To Inform Employees of Whistleblower Rights 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Jan 2017 Agreements or Statements 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber May 2011

Content Paper 52.204-8 Annual Representations and Certifications Mar 2020 52.204-9 Personal Identity Verification of Contractor Personnel Jan 2011 52.204-10 Reporting Executive Compensation and First-Tier Jun 2020

Subcontract Awards 52.204-13 System for Award Management Maintenance Oct 2018 52.204-14 Service Contract Reporting Requirements Oct 2016 52.204-18 Commercial and Government Entity Code Maintenance Jul 2016 52.204-19 Incorporation by Reference of Representations and Dec 2014 Certifications 52.204-21 Basic Safeguarding of Covered Contractor Information Jun 2016 Systems http://www.acquisition.gov/far

52.204-23 Prohibition on Contracting for Hardware, Software, Jul 2018 and Services Developed or Provided by Kaspersky Lab and Other Covered Entities 52.207-3 Right of First Refusal of Employment May 2006 52.209-6 Protecting the Government’s Interest When Jun 2020 Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment 52.209-9 Updates of Publicly Available Information Regarding Oct 2018 Responsibility Matters 52.209-10 Prohibition on Contracting with Inverted Domestic Nov 2015 Corporations 52.210-1 Market Research Apr 2011 52.215-2 Audit and Records—Negotiation Jun 2020 52.215-8 Order of Precedence—Uniform Contract Format Oct 1997 52.215-11 Price Reduction for Defective Certified Cost or Pricing Jun 2020 Data—Modifications 52.215-13 Subcontractor Certified Cost or Pricing Data Jun 2020 —Modifications 52.215-15 Pension Adjustments and Asset Reversions Oct 2010 52.215-18 Reversion or Adjustment of Plans for Postretirement July 2005

Benefits (PRB) Other Than Pensions 52.215-19 Notification of Ownership Changes Oct 1997 52.215-20 Requirements for Certified Cost or Pricing Data Oct 2010 52.215-21 Requirements for Certified Cost or Pricing Data and Data Jun 2020

Other Than Certified Cost or Pricing Data—Modifications

– Alternate III Oct 2010

52.215-23 Limitations on Pass-Through Charges Jun 2020 52.216-7 Allowable Cost and Payment Aug 2018 52.216-11 Cost Contract-No Fee Apr 1984 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Mar 2020 Business Concerns 52.219-8 Utilization of Small Business Concerns Oct 2018 52.219-9 Small Business Subcontracting Plan Mar 2020 52.219-16 Liquidated Damages—Subcontracting Plan Jan 1999 52.219-28 Post-Award Small Business Program Representation May 2020 52.222-2 Payment for Overtime Premiums Jul 1990 52.222-3 Convict Labor June 2003 52.222-21 Prohibition of Segregated Facilities Apr 2015 52.222-26 Equal Opportunity Sept 2016 52.222-35 Equal Opportunity for Veterans Jun 2020

52.222.36 Equal Opportunity for Workers with Disabilities Jun 2020 52.222-37 Employment Reports on Veterans Jun 2020 52.222-40 Notification of Employee Rights Under the National Labor Dec 2010

Relations Act 52.222-41 Service Contract Labor Standards Aug 2018

52.222-42 Statement of Equivalent Rates for Federal Hires May 2014 52.222-50 Combating Trafficking in Persons Jan 2019 52.222-54 Employment Eligibility Verification Oct 2015 52.222-55 Minimum Wages Under Executive Order 13658 Dec 2015 52.222-62 Paid Sick Leave Under Executive Order 13706 Jan 2017 52.223-6 Drug-Free Workplace May 2001 52.223-18 Encouraging Contractor Policies to Ban Text Messaging Jun 2020

While Driving 52.224-1 Privacy Act Notification Apr 1984 52.224-2 Privacy Act Apr 1984 52.224-3 Privacy Training Jan 2017 52.225-13 Restrictions on Certain Foreign Purchases Jun 2008 52.227-1 Authorization and Consent Jun 2020 52.227-2 Notice and Assistance Regarding Patent and Copyright Jun 2020 Infringement 52.227-3 Patent Indemnity Jun 2020 52.227-14 Rights in Data–Genera May 2014 52.227-16 Additional Data Requirements Jun 1987 52.227-17 Rights in Data – Special Works Dec 2007 52.228-7 Insurance–Liability to Third Persons Mar 1996 52.230-2 Cost Accounting Standards Jun 2020 52.230-3 Disclosure and Consistency in Cost Accounting Jun 2020 PracticesJun 52.230-6 Administration of Cost Accounting Standards June 2010 52.232-9 Limitation on Withholding of Payments Apr 1984 52.232-17 Interest May 2014 52.232-20 Limitation of Cost Apr 1984 52.232-23 Assignment of Claims May 2014 52.232-25 Prompt Payment Jan 2017 Alternate I Feb 2002 52.232-33 Payment by Electronic Funds Transfer— Oct 2018

System for Award Management 52.232-39 Unenforceability of Unauthorized Obligations Jun 2013 52.232-40 Providing Accelerated Payments to Small Business Dec 2013

Subcontractors 52.233-1 Disputes May 2014 Alternate I Dec1991 52.233-3 Protest after Award Alternate I June 1985 52.233-4 Applicable Law for Breach of Contract Claim Oct 2004 52.234-2 Notice of Earned Value Management System-Preaward Nov 2016 Integrated Baseline Review 52.234-3 Notice of Earned Value Management System-Post Jul 2006 Award Postaward Integrated Baseline Review 52.234-4 Earned Value Management System May 2014

52.237-3 Continuity of Services Jan 1991 52.239-1 Privacy or Security Safeguards Aug 1996 52.242-1 Notice of Intent to Disallow Costs Apr 1984 52.242-3 Penalties for Unallowable Costs May 2014 52.242-4 Certification of Final Indirect Costs Jan 1997 52.242-5 Payments to Small Business Subcontractors Jan 2017 52.242-13 Bankruptcy July 1995 52.243-2 Changes—Cost Reimbursement Aug 1987 Alternate I Apr 1984 52.244-2 Subcontracts Jun 2020 Alternate I Jun 2007 52.244-5 Competition in Subcontracting Dec 1996 52.244-6 Subcontracts for Commercial Items Jun 2020 52.245-1 Government Property Jan 2017 52.245-9 Use and Charges Apr 2012 52.246-25 Limitation of Liability—Services Feb 1997 52.248-1 Value Engineering Jun 2020 52.249-6 Termination (Cost-Reimbursement) May 2004 52.249-14 Excusable Delays Apr 1984 52.250-1 Indemnification under Public Law 85-804 Apr 1984 Alternate I Apr 1984 52.253-1 Computer Generated Forms Jan 1991

A. Department of Health and Human Services Acquisition Regulation (HHSAR) (48 CFR Chapter

3) (http://www.hhs.gov/regulations/hhsar/)

Clause No. Title Date

352.203-70 352.208-70 352.211-1

352.211-3 352.219-70

Anti-Lobbying Printing and Duplication Public Accommodations and Commercial Facilities Paperwork Reduction Act Mentor-Protégé Program

DEC 18, 2015

DEC 18, 2015

DEC 18, 2015

DEC 18, 2015

DEC 18, 2015

352.219-71

352.222-70

352.224-70 352.224-71 352.231-70 352.233-71

Mentor-Protégé Program Reporting Requirements Contractor Cooperation in Equal Employment Opportunity Investigations Privacy Act Confidential Information Salary Rate Limitation Litigation and Claims

JAN 2010

DEC 18, 2015

DEC 18, 2015

DEC 18, 2015

DEC 18, 2015

DEC 18, 2015

352.237-75 352.334.2

Key Personnel Earned Value Management System

DEC 18, 2015

http://www.hhs.gov/regulations/hhsar/

I.2. Options

FAR 52.217-7, Option for Increased Quantity--Separately Priced Line Item (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within one day. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

FAR 52.217-8, OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within the period specified in the Schedule

FAR 52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

I. 3 Protest

FAR 52.233-2 Service of Protest Service of Protest (Sept 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer by obtaining written and dated acknowledgment of receipt from:

Ms. Shirley Karver

Director for Division of Primary Care and Health Infrastructure Support Office of Acquisition Management & Policy Health Resources & Services Administration https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2033_1.html#wp1088681

5600 Fishers Lane Rockville, MD 20857 Office: 301-443-0136

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

I.4 Changes

FAR 52.243-7 Notification of Changes (Jan 2017)

(a) Definitions. “Contracting Officer,” as used in this clause, does not include any representative of the Contracting Officer.

“Specifically Authorized Representative (SAR),” as used in this clause, means any person the Contracting Officer has so designated by written notice (a copy of which shall be provided to the Contractor) which shall refer to this paragraph and shall be issued to the designated representative before the SAR exercises such authority.

(b) Notice. The primary purpose of this clause is to obtain prompt reporting of Government conduct that the Contractor considers to constitute a change to this contract. Except for changes identified as such in writing and signed by the Contracting Officer, the Contractor shall notify the Administrative Contracting Officer in writing promptly, within five calendar days from the date that the Contractor identifies any Government conduct (including actions, inactions, and written or oral communications) that the Contractor regards as a change to the contract terms and conditions. On the basis of the most accurate information available to the Contractor, the notice shall state-

(1) The date, nature, and circumstances of the conduct regarded as a change;

(2) The name, function, and activity of each Government individual and Contractor official or employee involved in or knowledgeable about such conduct;

(3) The identification of any documents and the substance of any oral communication involved in such conduct;

(4) In the instance of alleged acceleration of scheduled performance or delivery, the basis upon which it arose;

(5) The particular elements of contract performance for which the Contractor may seek an equitable adjustment under this clause, including-

(i) What line items have been or may be affected by the alleged change;

(ii) What labor or materials or both have been or may be added, deleted, or wasted by the alleged change;

(iii) To the extent practicable, what delay and disruption in the manner and sequence of performance and effect on continued performance have been or may be caused by the alleged change;

(iv) What adjustments to contract price, delivery schedule, and other provisions affected by the alleged change are estimated; and

(6) The Contractor’s estimate of the time by which the Government must respond to the Contractor’s notice to minimize cost, delay or disruption of performance.

(c) Continued performance. Following submission of the notice required by paragraph (b) of this clause, the Contractor shall diligently continue performance of this contract to the maximum extent possible in accordance with its terms and conditions as construed by the Contractor, unless the notice reports a direction of the Contracting Officer or a communication from a SAR of the Contracting Officer, in either of which events the Contractor shall continue performance; provided, however, that if the Contractor regards the direction or communication as a change as described in paragraph (b) of this clause, notice shall be given in the manner provided. All directions, communications, interpretations, orders and similar actions of the SAR shall be reduced to writing promptly and copies furnished to the Contractor and to the Contracting Officer. The Contracting Officer shall promptly countermand any action which exceeds the authority of the SAR.

(d) Government response. The Contracting Officer shall promptly, within five calendar days after receipt of notice, respond to the notice in writing. In responding, the Contracting Officer shall either-

(1) Confirm that the conduct of which the Contractor gave notice constitutes a change and when necessary direct the mode of further performance;

(2) Countermand any communication regarded as a change;

(3) Deny that the conduct of which the Contractor gave notice constitutes a change and when necessary direct the mode of further performance; or

(4) In the event the Contractor’s notice information is inadequate to make a decision under paragraphs (d)(1), (2), or (3) of this clause, advise the Contractor what additional information is required, and establish the date by which it should be furnished and the date thereafter by which the Government will respond.

(e) Equitable adjustments.

(1) If the Contracting Officer confirms that Government conduct effected a change as alleged by the Contractor, and the conduct causes an increase or decrease in the Contractor’s cost of, or the time required for, performance of any part of the work under this contract, whether changed or not changed by such conduct, an equitable adjustment shall be made-

(i) In the contract price or delivery schedule or both; and

(ii) In such other provisions of the contract as may be affected.

(2) The contract shall be modified in writing accordingly. In the case of drawings, designs or specifications which are defective and for which the Government is responsible, the equitable adjustment shall include the cost and time extension for delay reasonably incurred by the Contractor in attempting to comply with the defective drawings, designs or specifications before the Contractor identified, or reasonably should have identified, such defect. When the cost of property made obsolete or excess as a result of a change confirmed by the Contracting Officer under this clause is included in the equitable adjustment, the Contracting Officer shall have the right to prescribe the manner of disposition of the property. The equitable adjustment shall not include increased costs or time extensions for delay resulting from the Contractor’s failure to provide notice or to continue performance as provided, respectively, in paragraphs (b) and (c) of this clause.

Note: The phrases “contract price” and “cost” wherever they appear in the clause, may be appropriately modified to apply to cost-reimbursement or incentive contracts, or to combinations thereof.

(End of clause)

I.5 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 this address: www.acquisition.gov/far.

(End of clause)

I.6 Deviations

FAR 52.252-6 Authorized Deviations in Clauses (Apr 1984)

a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any Department of Health and Human Services Acquisition Regulation (HHSAR) (48 CFR Chapter 3) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

L.7 352.239-73 Electronic Information and Technology Accessibility Notice.

(December 18, 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.