SOLICITATION.pdf

MOBILE MRI/CT RFP-241-2015-0004

SECTION B – SERVICES AND PRICING

1 CONTRACT TYPE

This is a s ingle award, firm-fixed price type contract for medical services. It consists of a one (1) year period with from 12/01/2015 through 11/30/2016.

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2 SERVICING AREA

This contract will support the Cheyenne River Indian Health Center in Eagle Butte, SD for one (1) day per month for twelve (12) months.

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3 FEE SCHEDULE

These rates will be set at a fixed price for the services rendered.

(End of Clause)

SECTION C – DESCRIPTIONS/SPECIFICATIONS

STATEMENT OF WORK

MOBILE MRI

CHEYENNE RIVER HEALTH CENTER FACILITY

Eagle Butte, South Dakota 57625

Purpose of the Contract:

To provide Mobile MRI/CT services for the CHEYENNE RIVER HEALTH CENTER FACILITY in E a gle Butte, South Dakota.

The mission of the Cheyenne River Health Center Facility in Eagle Butte, South Dakota is to provide the best possible Health Care services to the Native American population on the Cheyenne River Indian Reservation.

To meet the mission of the Cheyenne River Health Center Facility it will require contractor support to assist the Indian Health Service Hospital with Mobile MRI services in the Great Plains Area.

Each Contract resulting from this solicitation shall:

a. Be a fixed-price non-personal h e a l t h care service contract under which the Contractor is an independent c o n t r a c t o r .

b. Allow the Government to evaluate the quality of professional and administrative services provided.

Government Furnished P r o p e r ty , Facilities and Services.

The government will provide any property, power, facilities, forms, supplies, and phone lines or physicians s e r v i c es if needed during the term of this contract.

Contractor Furnished Pr oper ty :

The Contractor will provide the necessary equipment to have the capabilities to do mobile MRI's, in the west parking lot of the Cheyenne River PHS IHS facility. Contractor shall be responsible for any at its own cost maintenance and operation of equipment. Furthermore, the contractor s h a l l make all preventive maintenance repairs and unscheduled r e p a i r s in a timely manner in order to minimize disruption of services. Any problems with the equipment will be immediately communicated t o the Radiology Supervisor or her designee at the Cheyenne River Health Center Facility. The contractor at its own expense shall provide services for (8) eight hours a day and shall provide a technologist t o operate mobile equipment. The Contractor will have a system that is compatible with the J.H.S. computer system.

Statement of Work The Contractor will be required to provide medical MRI studies and supply any needed contrast.

In the event of a contrast reaction the mobile unit shall implement the Rapid Response System (RRS) notifying the Emergency Room (ER) for assistance.

The government r e s e r v e s the right to accept or reject services if the level of performance is unsatisfactory t o I.H.S.

The Joint Commission o n Accreditation o f Health Care Organizations ( JCAHO) standards must be considered an d adhered to at all times on order to be compliant. All Medical Record Information generated in the performance of this contract shall remain the property of and subject to the exclusive control of the Indian Health Service (IHS).

The Contractor is responsible for maintaining Patient Confidentiality and adhering to the Privacy Act of 1974 and the Health Insurance Portability & Accountability A c t (HIPAA) of 1 9 9 6 .

SECTION C – DESCRIPTIONS/SPECIFICATIONS

Contractor Qualification The Contractor shall have extensive knowledge in Anatomy, Physiology and Medical Terminology to allow for accurate studies to be done on patients of the CRHC.

In accordance with Federal Acquisition Regulation (FAR) of Part 9, under Contractor Qualifications a responsible C o n t r a c t o r must:

a. Have adequate financial resources available to meet the terms of performance as stated in this contract or the ability to obtain them (see 9.104-3 (a).

b. Be able to comply with the required or proposed delivery or performance schedule, taking into consideration al l existing commercial and government business c o m m i t m e n t s .

c. Have a satisfactory performance r e c o r d (see 9.104-3 (b) and Subpart 42.15). A prospective contractor shall not be determined responsible or non-responsible solely on the basis of a Jack of relevant performance history, except as provided i n 9.104-2.

d. Have a satisfactory r e c o r d of integrity and business ethics.

e. Have the necessary organization, experience, accounting and operational controls and technical ski l l or the ability to obtain them (including as appropriate, such elements as production control procedures, p r o p e r t y control systems, quality assurance measure, and safety programs applicable to materials to be produced or services to be performed by the prospective contractor or subcontractors). See 9.104-J(a).

f. Have the necessary pr od uc t i on , construction an d technical equipment and facilities, or the ability to obtain them (see 9.104-3(a).

g. Be otherwise qualified and eligible to receive and award under applicable laws and regulations.

Business Associate Agreement Clause Pursuant to the Health Insurance Portability and Accountability Act (HIPAA) of 1996 and its implementing regulation, the Standards of Privacy of Individual Identifiable Health Information at 45 C.F.R. Part 160 and 164, Subpart A and E ("Privacy Rule"), the Indian Health Service is required to enter into an agreement with the Business Associate, pursuant to which the Business Associate shall comply with and appropriately safeguard Protected Health Information ("PHI") that it will use and disclose when performing function, activities or services ("Services") for the Indian Health Service. The Business Associate b y signing the contract shall comply with the following terms in addition to other applicable contract terms and conditions relating to the safekeeping, use and disclosure o f PHI.

SECTION D - PACKAGING AND MARKING

This section intentionally left blank.

SECTION E – INSPECTION AND ACCEPTANCE

PLACE OF ACCEPTANCE

The Contracting Officer or the duly authorized representative will accept services to be provided under this contract.

SECTION F – DELIVERIES OR PERFORMANCE

PERIOD OF PERFORMANCE (APR 2010)

The base period or performance of this contract is December 01, 2015 through November 30, 2016.

SECTION G – CONTRACT ADMINISTRATION DATA

a. 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.

(End of clause)

b. CONTRACTING OFFICER Ms. Kristina Baker is hereby designated as the Contracting Officer (CO) for this contract. All correspondence and inquiries concerning administration of this contract should be addressed to the CO at the address in Block 7 page 1 of this document.

(End of clause)

c. CONTRACTING OFFICER'S REPRESENTATIVE (COR) (APR 2010) The COR may be changed at any time by the Government without prior notice to the contractor by a u n i l a t e r a l modification to the contract. The responsibilities and limitations of the COR are as follows:

1. The COR is responsible for the technical aspects of the contract and serves as technical liaison with the contractor. The COR is also responsible for the final inspection and acceptance of all deliverables and such other responsibilities as may be specified in the contract.

2. The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, terms or conditions. Any contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the express written prior authorization of the Contracting Officer. The Contracting Officer may designate assistant or alternate COR(s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the contractor.

(End of clause)

d. INVOICING INSTRUCTIONS In accordance with FAR Clause 52.232-26, PROMPT PAYMENT FOR FIXED-PRICE ARCHITECT-ENGINEER CONTRACTS, the following information shall be included on all invoices submitted for payment under this contract:

1. Invoice date, number, and performance period;

2. Contract Number;

3. Where applicable, shipping and payment terms;

4. Name (where practicable), title, phone number and mailing address of person to be notified in event of a defective invoice;

5. Specify billing period; and

6. Any other information or documentation required by other requirements of the contract.

Invoices shall be submitted with an original signature to the COTR for approval, i.e., a certification by a Contractor official authorized to bind the Contractor. Contracting Officer's Technical Representative (COTR) mailing address will be provided at award.

IHS Contracting Officer assigned to the Aberdeen Area Indian Health Services. (End of clause)

SECTION H – SPECIAL CONTRACT REQUIREMENTS

a. INSURANCE COVERAGE Workers Compens ation and Employer's Liability. The contractor is required to comply with applicable federal and state workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in states with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

b. General liability

(1) The contractor shall have bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence .

(2) When special circumstances apply in accordance with FAR 28.307-2(b), Property Damage Liability Insurance shall be required in the amount of $0.00 [insert zero unless special circumstances apply, if applicable, insert dollar amount.] .

Automobile liability. The c ontractor s h a l l have automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence .

b. DEDUCTIBLES UNDER REQUIRED INSURANCE COVERAGE - FIXED PRICE When the Government is injured, wholly or partially as a result of the contractor's actions and such actions are covered by the insurance required by 1352.228-70, Insurance Coverage, the Government is entitled to recover from the contractor the full amount of any such injury attributable to the contractor regardless of a deductible. The Contracting Officer may offset the amount of recovery against any payment due to the contractor.

(End of clause)

c. ADDENDUM TO 52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION The Federal Government supports a legal workforce. As such, Contractors are required to enroll as a Federal Contractor in the E-Verify database system. Information on Registration for the use of the E- Verify program can be obtained via the internet at the Department of Homeland Security's Website at http://www.dhs.gov/E-Verify.

(End of clause)

d. NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEVIATION

PM 2010- 11) (JUN 2010)

During the term of this contract, the Contractor shall post a notice, of such size and in such form, and containing such content as prescribed by the Secretary of Labor, in conspicuous places in and about its plants and offices where employees covered by the National Labor Relations Act engage in activities relating to the performance of the contract, including all places where notices to employees are customarily posted both physically and electronically, in the languages employees speak, in accordance with 29 CFR471.2 (d) and (f).

Physical posting of the employee notice shall be in conspicuous places in and about the Contractor's plants and offices so that the notice is prominent and readily seen by the employees who are covered by the National Labor Relations Act and engage in activities related to the performance of the contract.

http://www.dhs.gov/E-Verify

If the Contractor customarily posts notices to employees electronically, then the Contractor shall also post the required notice electronically by displaying prominently, on any website that is maintained by the Contractor and is customarily used for notices to employees about terms and conditions of employment, a link to the Department of Labor's website that contains the full text of the poster.

The link to the Department's website, as referenced in (b)(3) of this section, must read, "Important Notice about Employee Rights to Organize and Bargain Collectively with Their Employers."

This required notice, printed by the Department of Labor, can be obtained from the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S. Department of Labor, 200 Constitution Avenue, NW, Room N-5609, Washington, DC 20210, (202)693-0123, or from any field office of the Office of Labor Management Standards or Office of Federal Contract Compliance Programs; or provided by the Federal contracting agency, if requested; or downloaded from the Office of Labor- Management Standards web site at www.dol.gov/olms/reQs/compliance/E012496 or reproduced and used as exact duplicate copies of the Department of Labor's official poster.

The required text of the Employee Notification referred to in this clause is located at Appendix A, Subpart A, 29 CFR Part 471.

The Contractor shall comply with all provisions of the Employee Notice and related rules, regulations, and orders of the Secretary of Labor.

In the event that the Contractor does not comply with the requirements set forth in paragraphs (a) through (d) of the clause, this contract may be terminate or suspended in whole or in part, and the Contractor may be suspended or debarred in accordance with 29 CFR 471.14 and FAR Subpart 9.4. Such other sanctions or remedies may be imposed as are provided by 29 CFR Part 471, which implements Executive Order 13496 or as otherwise provided by law.

(End of Clause) http://www.dol.gov/olms/reQs/compliance/E012496

I – CONTRACT CLAUSES

52.252-1 Solicitation Provisions Incorporated by Reference (January 1991) This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://www.acquisition .gov/Far/ (End of Clause)

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/these address(es):

https://www.acquisition .gov/Far/ (End of Clause)

I. Federal Acquisition Regulations (FAR) (48 CFR Chapter 1) Clauses No. FAR Citation Clause Title Clause Date______

1. 52.202-1 Definitions November 2013

2. 52.203-5 Covenant Against Contingent Fees May 2014

3. 52.203-6 Restrictions on Subcontractor September 2006

Sales to the Government

4. 52.203-7 Anti-Kickback Procedures May 2014

5. 52.203-12 Limitation on Payments to October 2010

Transactions Influence Certain Federal

6. 52.203-13 Contractor Code of Business Ethics April 2010 and Conduct

7. 52.203-14 Display of Hotline Poster December 2007

8. 52.203-15 Whistleblower Protections under June 2010 the American Recovery and Reinvestment Act of 2009

9. 52.203-16 Preventing Personal Conflicts of December 2011

Interest

10. 52.203-17 Contractor Employee Whistleblower April 2014 and Requirement to Inform Employees of Whistleblower Rights

11. 52.204-4 Printed or Copied Double-Sided on May 2011

Postconsumer Fiber Content Paper

12. 52.204.12 Data Universal Numbering System December 2012

Number Maintenance

13. 52.204-13 System for Award Management July 2013

Maintenance

14. 52.204-19 Incorporation by Reference of December 2014

Representations and Certifications

15. 52.216-24 Limitation of Government Liability April 2084

16. 52.222-3 Convict Labor June 2003

17. 52.222-17 Nondisplacement of Qualified May 2014

Workers

18. 52.222-19 Child Labor-Cooperation with January 2014 Authorities and Remedies

19. 52.222-21 Prohibition of Segregated Facilities February 1999

20. 52.222-40 Notification of Employee Rights December 2010 Under the National Labor Relations Act

21. 52.223-6 Drug-Free Workplace May 2001

22. 52.223-18 Encouraging Contractor Policies to August 2011 Ban Text Messaging While Driving

23. 52.225-13 Restrictions on certain Foreign June 2008

Purchases

24. 52.225-25 Prohibition on Contracting with December 2012

Entities Engaging in Certain Activities or Transactions Relating to Iran

25. 52.228-3 Workers’ Compensation Insurance July 2014

26. 52.228-6 Insurance-Liability to Third Persons March 1996

27. 52.232-1 Payments April 1984

28. 52.232-25 Prompt Payment July 2013

29. 52.232-33 Payment by Electronic Funds July 2013 Transfer-System for Award Management

30. 52.232-39 Unenforceability of Unauthorized June 2013 Obligations

31. 52.233-1 Disputes May 2014

32. 52.233-3 Protest After Award August 1996

33. 52.233-4 Applicable Law for Breach of October 2004 Contract Claim

34. 52.242-13 Bankruptcy July 1995

35. 52.243-1 Changes-Fixed Price August 1987

36. 52.243-7 Notification of Changes April 1984

37. 52.247-29 F.O.B. Origin February 2006

38. 52.249-2 ALT I Termination for Convenience of the April 1984

Government (Fixed-Price)

39. 52.249-8 Default (Fixed-Price Supply and April 1984

Service)

II. FAR Clauses Incorporated by Full Text

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (DEVIATION 2013-O0019) (Jan 2014)

(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement.

Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(b)

(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Non-displacement of Qualified Workers (Jan 2013) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(viii) 52.222-41, Service Contract Act of 1965, (Nov 2007), (41 U.S.C. 351, et seq.)

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-- Requirements (Feb 2009) (41 U.S.C. 351, et seq.)

(xii) 52.222-54, Employment Eligibility Verification (Jul 2012).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247).

Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 52.247-64, Preference for Privately-Owned U.S.- Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247- 64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

Alternate I (2013-O0019) (Jan 2014). As prescribed in 12.301(b)(4), delete paragraph (a) from the basic clause, redesignate paragraph (b)(1) as paragraph (a), and redesignate paragraphs (b)(1)(i) through (b)(1)(xiv) as paragraphs (a)(1) through (a)(14) and redesignate paragraph (b)(2) as paragraph (b).

Alternate II (2013-O0019) (Jan 2014). As prescribed in 12.301(b)(4)(ii), substitute the following paragraphs (a)(1) and (b)(1) for paragraphs (a)(1) and (b)(1) of the basic clause as follows:

(a)

(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to—

(i) Examine any of the Contractor’s or any subcontractors’ records that pertain to, and involve transactions relating to, this contract; and

(ii) Interview any officer or employee regarding such transactions.

(b)

(1) Notwithstanding the requirement of any other clause in this contract, the Contractor is not required to flow down any FAR clause in a subcontract for commercial items, other than—

(i) Paragraph (a) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (a)(1)(ii) does not flow down; and

(ii) Those clauses listed in this paragraph (b)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(A) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter1 (41 U.S.C. 251 note)).

(B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5).

(C) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219–8 in lower tier subcontracts that offer subcontracting opportunities.

(D) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(E) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

(F) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

(G) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(H) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(I) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

(J) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, of Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(K) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services- Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

(L) 52.222-54, Employment Eligibility Verification (Jan 2009).

(M) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247).

Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(N) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx.

1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247- 64.

II. Health and Human Services Acquisition Regulation Full Text Clauses

352.202-1 Definitions.

As prescribed in FAR 2.201, the Contracting Officer shall insert the clause in FAR 52.202-1, Definitions, as revised by 302.201:

Definitions (January 2006)

(a) In accordance with 52.202–1(a)(1), substitute the following as paragraph (a): ‘‘(a) The term ‘‘Secretary’’ or ‘‘Head of the Agency’’ (also called ‘‘Agency Head’’) means the Secretary, Deputy Secretary, or any Assistant Secretary, Administrator or Commissioner of the Department of Health and Human Services; and the term ‘‘his/her duly authorized representative’’ means any person, persons, or board authorized to act for the Secretary.’’ http://www.acquisition.gov/far/current/html/Subpart%202_2.html#wp1103934 http://www.acquisition.gov/far/current/html/52_200_206.html#wp1137572 http://www.hhs.gov/regulations/hhsar/subpart302.html#302.201Contractclause.

http://www.acquisition.gov/far/current/html/52_200_206.html#wp1137572

(b) In accordance with 52.202–1(a)(1), add the following paragraph (h):

‘‘(h) The term ‘‘Contracting Officer’s Technical Representative” means the person who monitors the technical aspects of contract performance. The Contracting Officer’s Technical Representative is not authorized to issue any instructions or directions which cause any increase or decrease in the Statement of Work/Performance Work Statement/Specifications which would result in the increase or decrease in the price of this contract, or changes in the delivery schedule or period of performance of this contract. If applicable, the Contracting Officer’s Technical Representative is not authorized to receive or act upon any notification or revised cost estimate provided by the Contractor in accordance with the Limitation of Cost or Limitation of Funds clauses of this contract.’’

352.203-70 Anti-lobbying.

As prescribed in 303.808-70, the Contracting Officer shall insert the following clause:

Anti-Lobbying (January 2006)

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

(End of clause)

352.215-1 Instructions to offerors--competitive acquisition.

As prescribed in 315.209, the Contracting Officer shall insert the following paragraph (e) in the provision in FAR 52.215-1, Instructions to Offerors – Competitive Acquisition:

(e) Restriction on disclosure and use of data.

(1) The proposal submitted in response to this request may contain data (trade secrets; business data (e.g., commercial information, financial information, cost and pricing data); and technical data) which the offeror, including its prospective subcontractor(s), does not want used or disclosed for any purpose other than for evaluation of the proposal. The use and disclosure of any data may be so restricted; provided, that the Government determines that the data is not required to be disclosed under the Freedom of Information Act, 5 U.S.C. 552, as amended, and the offeror marks the cover sheet of the proposal with the following statements, specifying the particular portions of the proposal which are to be restricted:

‘‘Unless disclosure is required by the Freedom of Information Act, 5 U.S.C. 552, as amended, (the Act) as determined by Freedom of Information (FOI) officials of the Department of Health and Human Services (HHS), data contained in the portions of this proposal which the offeror has specifically identified by page number, paragraph, etc. as containing restricted information shall not be used or disclosed except for evaluation purposes.

The offeror acknowledges that HHS may not be able to withhold a record (e.g., data, document, etc.) nor deny access to a record requested pursuant to the Act and that the HHS’ FOI officials must make that determination. The offeror hereby agrees that the Government is not liable for disclosure if HHS has determined that disclosure is required by the Act.

If a contract is awarded to the offeror as a result of, or in connection with, the submission of this proposal, the Government shall have the right to use or disclose the data to the extent provided in the contract.

Proposals not resulting in a contract remain subject to the Act.

http://www.acquisition.gov/far/current/html/52_200_206.html#wp1137572 http://www.hhs.gov/regulations/hhsar/subpart303.html#303.808-70Solicitationprovisionandcontractclause.

http://www.hhs.gov/regulations/hhsar/subpart315.html#315.209Solicitationprovisionsandcontractclauses.

http://acquisition.gov/far/current/html/52_215.html http://www.gpo.gov/fdsys/pkg/USCODE-2010-title5/pdf/USCODE-2010-title5-partI-chap5-subchapII-sec552.pdf http://www.gpo.gov/fdsys/pkg/USCODE-2010-title5/pdf/USCODE-2010-title5-partI-chap5-subchapII-sec552.pdf

The offeror also agrees that the Government is not liable for disclosure or use of unmarked data and may use or disclose the data for any purpose, including the release of the information pursuant to requests under the Act. The data subject to this restriction are contained in pages (insert page numbers, paragraph designations, etc. or other identification).’’

(2) In addition, the offeror must mark each page of data it wishes to restrict with the following statement:

‘‘Use or disclosure of data contained on this page is subject to the restriction on the cover sheet of this proposal or quotation.’’

(3) Offerors are cautioned that proposals submitted with restrictive statements or statements differing in substance from those cited above may not be considered for award. The Government reserves the right to reject any proposal submitted with nonconforming statement(s).

352.222-70 Contractor cooperation in equal employment opportunity investigations.

As prescribed in 322.810(h), the Contracting Officer shall insert the following clause:

Contractor Cooperation in Equal Employment Opportunity Investigations (January 2010)

(a) In addition to complying with the clause in FAR 52.222-26, Equal Opportunity, the Contractor shall, in good faith, cooperate with the Department of Health and Human Services (Agency) in investigations of Equal Employment Opportunity (EEO) complaints processed pursuant to 29 C.F.R. Part 1614. For purposes of this clause, the following definitions apply:

(1) “Complaint” means a formal or informal complaint that has been lodged with Agency management, Agency EEO officials, the Equal Employment Opportunity Commission (EEOC), or a court of competent jurisdiction.

(2) “Contractor employee” means all current Contractor employees who work or worked under this contract. The term also includes current employees of subcontractors who work or worked under this contract. In the case of Contractor and subcontractor employees, who worked under this contract, but who are no longer employed by the Contractor or subcontractor, or who have been assigned to another entity within the Contractor’s or subcontractor’s organization, the Contractor shall provide the Agency with that employee’s last known mailing address, e-mail address, and telephone number, if that employee has been identified as a witness in an EEO complaint or investigation.

(3) “Good faith cooperation” cited in paragraph (a) includes, but is not limited to, making Contractor employees available for: (i) formal and informal interviews by EEO counselors or other Agency officials processing EEO complaints; (ii) formal or informal interviews by EEO investigators charged with investigating complaints of unlawful discrimination filed by federal employees; (iii) reviewing and signing appropriate affidavits or declarations summarizing statements provided by such Contractor employees during the course of EEO investigations; (iv) producing documents requested by EEO counselors, EEO investigators, Agency employees, or the EEOC in connection with a pending EEO complaint; and (v) preparing for and providing testimony in hearings before the EEOC and U.S. District Court.

(b) The Contractor shall include the provisions of this clause in all subcontract solicitations and subcontracts awarded at any tier under this contract.

(c) Failure on the part of the Contractor or its subcontractors to comply with the terms of this clause may be grounds for the Contracting Officer to terminate this contract for default.

(End of clause)

352.223-70 Safety and health.

As prescribed in 323.7002(a), the Contracting Officer shall insert the following clause:

Safety and Health (January 2006)

(a) To help ensure the protection of the life and health of all persons, and to help prevent damage to property, the Contractor shall comply with all federal, State, and local laws and regulations applicable to the work being performed under this contract. These laws are implemented or enforced by the Environmental Protection Agency, Occupational Safety and Health Administration (OSHA) and other regulatory/enforcement agencies at the federal, State, and local levels.

http://www.hhs.gov/regulations/hhsar/subpart322.html#322.810Solicitationprovisionsandcontractclauses.

http://www.acquisition.gov/far/current/html/52_222.html#wp1147711 http://www.eeoc.gov/federal/directives/1614-final.cfm http://www.hhs.gov/regulations/hhsar/subpart323.html#323.7002Actionsrequired.

(1) In addition, the Contractor shall comply with the following regulations when developing and implementing health and safety operating procedures and practices for both personnel and facilities involving the use or handling of hazardous materials and the conduct of research, development, or test projects:

(i) 29 CFR 1910.1030, Bloodborne pathogens; 29 CFR 1910.1450, Occupational exposure to hazardous chemicals in laboratories; and other applicable occupational health and safety standards issued by OSHA and included in 29 CFR Part 1910. These regulations are available at http://www.osha.gov/.

(ii) Nuclear Regulatory Commission Standards and Regulations, pursuant to the Energy Reorganization Act of 1974 (42 U.S.C. 5801 et seq.). The Contractor may obtain copies from the U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001.

(2) The following Government guidelines are recommended for developing and implementing health and safety operating procedures and practices for both personnel and facilities:

(i) Biosafety in Microbiological and Biomedical Laboratories, CDC. This publication is available at http://www.cdc.gov/biosafety/publications/index.htm.

(ii) Prudent Practices for Safety in Laboratories (1995), National Research Council, National Academy Press, 500 Fifth Street, NW., Lockbox 285, Washington, DC 20055 (ISBN 0–309–05229– 7). This publication is available at http://www.nap.edu/catalog/4911.html.

(b) Further, the Contractor shall take or cause to be taken additional safety measures as the Contracting Officer, in conjunction with the Contracting Officer’s Technical Representative or other appropriate officials, determines to be reasonably necessary. If compliance with these additional safety measures results in an increase or decrease in the cost or time required for performance of any part of work under this contract, the Contracting Officer will make an equitable adjustment in accordance with the applicable ‘‘Changes’’ clause set forth in this contract.

(c) The Contractor shall maintain an accurate record of, and promptly report to the Contracting Officer, all accidents or incidents resulting in the exposure of persons to toxic substances, hazardous materials or hazardous operations; the injury or death of any person; or damage to property incidental to work performed under the contract and all violations for which the Contractor has been cited by any federal, State or local regulatory/enforcement agency. The report shall include a copy of the notice of violation and the findings of any inquiry or inspection, and an analysis addressing the impact these violations may have on the work remaining to be performed. The report shall also state the required action(s), if any, to be taken to correct any violation(s) noted by the federal, State or local regulatory/enforcement agency and the time frame allowed by the agency to accomplish the necessary corrective action.

(d) If the Contractor fails or refuses to comply with the federal, State or local regulatory/enforcement agency’s directive(s) regarding any violation(s) and prescribed corrective action(s), the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action (as approved by the federal, State or local regulatory/enforcement agencies) has been taken and documented to the Contracting Officer. No part of the time lost due to any stop work order shall be subject to a claim for extension of time or costs or damages by the Contractor.

(e) The Contractor shall insert the substance of this clause in each subcontract involving toxic substances, hazardous materials, or hazardous operations. The Contractor is responsible for the compliance of its subcontractors with the provisions of this clause.

(End of clause)

352.224-70 Privacy Act.

As prescribed in 324.103(b)(2), the Contracting Officer shall insert the following clause:

Privacy Act (January 2006) https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_id=10051&p_table=STANDARDS https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_id=10106&p_table=STANDARDS https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_id=10106&p_table=STANDARDS https://www.osha.gov/pls/oshaweb/owastand.display_standard_group?p_toc_level=1&p_part_number=1910 http://www.osha.gov/ http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=browse_usc&docid=Cite:+42USC5801 http://www.nrc.gov/ http://www.nrc.gov/ http://www.cdc.gov/biosafety/publications/index.htm http://www.nap.edu/catalog/4911.html http://www.hhs.gov/regulations/hhsar/subpart324.html#324.103Procedures.

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

(a) design;

(b) develop; or

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

(End of clause)

HHSAR 352.224-70 Confidentiality of Information The following clause is covered by the policy set forth in subpart 324.70 and is to be used in accordance with the instructions set forth in 324.7704.

CONFIDENTIALITY OF INFORMATION (MAR 2005)

(a) Confidential information, as used in this clause, means (1) information or data of a personal nature about an individual, or (2) proprietary information or data submitted by or pertaining to an institution or organization.

(b) In addition to the types of confidential information described in (a)(1) and (2) above, information which might require special consideration with regard to the timing of its disclosure may derive from studies or research, during which public disclosure of preliminary unvalidated findings could create erroneous conclusions which might threaten public health or safety if acted upon.

(c) The Contracting Officer and the Contractor may, by mutual consent, identify elsewhere in this contract specific information and/or categories of information which the Government will furnish to the Contractor or that the Contractor is expected to generate which is confidential. Similarly, the Contracting Officer and the Contractor may, by mutual consent, identify such information from time to time during the performance of the contract. Failure to agree will be settled pursuant to the “Disputes” Clause.

(d) If it is established elsewhere in this contract that information to be utilized under this contract, or a portion thereof, is subject to the Privacy Act, the Contractor will follow the rules and procedures of disclosure set forth in the Privacy Act of 1974, 5 U.S.C. 552a, and implementing regulations and policies, with respect to systems of records determined to be subject to the Privacy Act.

(e) Confidential information, as defined in (a)(1) and (2) above, that is information or data of a personal nature about an individual, or proprietary information or data submitted by or pertaining to an institution or organization, shall not be disclosed without the prior written consent of the individual, institution , or organization.

(f) Written advance notice of at least 45 days will be provided to the Contracting Officer of the Contractor’s intent to release findings of studies or research, which have the possibility of adverse effects on the public or the Federal agency, as described in (b) above. If the Contracting Officer does not pose any objections in writing within the 45-day period, the Contractor may proceed with disclosure. Disagreements not resolved by the Contractor and the Contracting Officer will be settled pursuant to the “Disputes” clause.

(g) Whenever the Contractor is uncertain with regard to the proper handling of material under the contract, or if the materials in question is subject to the Privacy Act or is confidential information subject to the provisions of this clause, the Contractor should obtain a written determination from the Contracting Officer prior to any release, disclosure, dissemination, or publication.

http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=browse_usc&docid=Cite:+5USC552a http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=browse_usc&docid=Cite:+5USC552a http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=browse_usc&docid=Cite:+5USC552a

Contracting Officer determinations will reflect the results of internal coordination with appropriate program and legal officials.

The provisions of paragraph (e) of this clause shall not apply when the information is subject to conflicting or overlapping provisions in other Federal, State or local laws.

(End of clause)

352.237-70 Pro-Children Act.

As prescribed in 337.103-70(a), the Contracting Officer shall insert the following clause:

Pro-Children Act (January 2006)

(a) Public Law 103–227, Title X, Part C, also known as the Pro-Children Act of 1994 (Act), 20 U.S.C. 7183, imposes restrictions on smoking in facilities where certain federally funded children’s services are provided. The Act prohibits smoking within any indoor facility (or portion thereof), whether owned, leased, or contracted for, that is used for the routine or regular provision of (i) kindergarten, elementary, or secondary education or library services or (ii) health or day care services that are provided to children under the age of 18. The statutory prohibition also applies to indoor facilities that are constructed, operated, or maintained with Federal funds.

(b) By acceptance of this contract or order, the Contractor agrees to comply with the requirements of the Act. The Act also applies to all subcontracts awarded under this contract for the specified children’s services. Accordingly, the Contractor shall ensure that each of its employees, and any subcontractor staff, is made aware of, understand, and comply with the provisions of the Act. Failure to comply with the Act may result in the imposition of a civil monetary penalty in an amount not to exceed $1,000 for each violation and/or the imposition of an administrative compliance order on the responsible entity. Each day a violation continues constitutes a separate violation.

(End of clause)

352.237-71 Crime Control Act—reporting of child abuse.

As prescribed in 337.103-70(b), the Contracting Officer shall insert the following clause:

Crime Control Act of 1990—Reporting of Child Abuse (January 2006)

(a) Public Law 101–647, also known as the Crime Control Act of 1990 (Act), imposes responsibilities on certain individuals who, while engaged in a professional capacity or activity, as defined in the Act, on federal land or in a federally-operated (or contracted) facility, learn of facts that give the individual reason to suspect that a child has suffered an incident of child abuse.

(b) The Act designates ‘‘covered professionals’’ as those persons engaged in professions and activities in eight different categories including, but not limited to, physicians, dentists, medical residents or interns, hospital personnel and administrators, nurses, health care practitioners, chiropractors, osteopaths, pharmacists, optometrists, podiatrists, emergency medical technicians, ambulance drivers, alcohol or drug treatment personnel, psychologists, psychiatrists, mental health professionals, child care workers and administrators, and commercial film and photo processors. The Act defines the term ‘‘child abuse’’ as the physical or mental injury, sexual abuse or exploitation, or negligent treatment of a child.

(c) Accordingly, any person engaged in a covered profession or activity under an HHS contract or subcontract, regardless of the purpose of the contract or subcontract, shall immediately report a suspected child abuse incident in accordance with the provisions of the Act. If a child is suspected of being harmed, the appropriate State Child Abuse Hotline, local child protective services (CPS), or law enforcement agency shall be contacted. For more information about where and how to file a report, the Childhelp USA, National Child Abuse Hotline (1–800–4–A–CHILD) shall be called. Any covered professional failing to make a timely report of such incident shall be guilty of a Class B misdemeanor.

(d) By acceptance of this contract or order, the Contractor agrees to comply with the requirements of the Act. The Act also applies to all applicable subcontracts awarded under this contract.