RFQ 75D301-20-Q-72369.pdf

REQUEST FOR QUOTATIONS

(THIS IS NOT AN ORDER)

THIS RFQ X IS IS NOT A SMALL BUSINESS SET-ASIDE.

PAGE OF PAGES

1 322

1. REQUEST NO.

75D301-20-Q-72369

2. DATE ISSUED

8/04/2020

3. REQUISITION/PURCHASE REQUEST NO.

000HCCEC-2020-46617

4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG. 1

RATING

5a. ISSUED BY

Centers for Disease Control and Prevention (CDC)

Office of Acquisition Services (OAS)

2900 Woodcock Blvd, MS TCU-4

Atlanta GA 303414004

6. DELIVERY BY (Date)

5b. FOR INFORMATION CALL (No collect calls)

NAME TELEPHONE NUMBER

AREA CODE NUMBER

Evelyn L. Mickle emickle@cdc.gov (470) 785-4608 x

8. TO: 9. DESTINATION

a. NAME b. COMPANY a. NAME OF CONSIGNEE

c. STREET ADDRESS b. STREET ADDRESS

c. CITY

d. CITY e. STATE f. ZIP CODE d. STATE e. ZIP CODE

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS (Date)

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services.

Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

Field testing of Spanish-language toolbox talks for Spanish-speaking construction workers.

*This is a firm fixed price purchase order.

*To ensure payment, invoice must reference the PO#

TBD DUNS, and Tax ID Numbers.

*Invoice/Payment information: 678-475-4510. Send

Invoices to FAX: 404-638-5324 or Email:

fmoapinv@cdc.gov

*Vendor POC: ____________________________

Email:___________________________

Phone:____________________________

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS

b. 20 CALENDAR DAYS

c. 30 CALENDAR DAYS

d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations are are not attached.

13. NAME AND ADDRESS OF QUOTER 14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

15. DATE OF

QUOTATION

a. NAME OF QUOTER

b. STREET ADDRESS 16. SIGNER

a. NAME (Type or print) b. TELEPHONE

c. COUNTY AREA CODE

d. CITY e. STATE f. ZIP CODE c. TITLE (Type or print) NUMBER

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 18 (REV. 6-95)

Previous edition not usable Prescribed by GSA FAR (48 CFR) 53.215-1(a)

7. DELIVERY

FOB

DESTINATION

OTHER

(See Schedule) mailto:fmoapinv@cdc.gov

Line Items

ITEM SUPPLIES / SERVICES QTY /

UNIT

UNIT

PRICE

EXTENDED

PRICE

0001 Project Management

In accordance with the Statement of Work

Anticipated POP: 9/01/2020 –

08/31/2022

1 Job

STATEMENT OF WORK

Field testing of Spanish-language toolbox talks for Spanish-speaking construction workers

I. Background:

The mission of the National Institute for Occupational Safety and Health (NIOSH) is to develop new knowledge in the field of occupational safety and health (OSH) and to transfer that knowledge into practice. Construction is one of the most dangerous industry sectors. There are approximately 1.8 million Spanish-speaking workers employed in construction, and Latino workers are injured and killed at rates two-to-three times higher than non-Latino construction workers. One of the challenges to meeting OSH needs of the construction industry is that approximately 90% of small construction contractors employ 20 or fewer workers. Small construction contractors have limited resources to apply to OSH training needs, which can increase the risk for fatal injuries. This is particularly concerning for Spanish-speaking construction workers, as over 40% of them work for businesses employing 10 or fewer workers.

In 2010 alone, 56.3% of construction deaths occurred in establishments with fewer than 20 employees, yet such establishments employed just 41.4% of the construction workforce. From

2003 to 2008, small establishments with 1 – 10 employees reported an average of 47% of work-related deaths among Latino workers, while employing 44% of the Latino construction workers.

Toolbox talks are brief (roughly 5 – 10 minutes) OSH instructional sessions held on the worksite or at the contractor’s office. They are usually conducted by site supervisors. Requiring minimal resources, toolbox talks may provide an ideal OSH training format for small construction contractors. NIOSH and the Center for Construction Research and Training (CPWR) have collaborated to develop a series of toolbox talks for construction workers.

The purpose of this contract is to test two variations of Spanish-language toolbox talks with a large sample of Spanish-speaking construction workers to evaluate the effectiveness of toolbox talks as an OSH training tool with this audience.

II. Project Objectives:

The project objective for this contract is to conduct field testing of Spanish-language toolbox talks with a sample of 400 Spanish-speaking construction workers. There will be two treatment conditions: 1) Toolbox talks with narrative & 2) Toolbox talk without narrative. No personally identifiable information (PII) will be collected, reported, nor retained as part of this project.

III. Scope of Work

The purpose of this contract is to provide services for planning, coordinating, and monitoring data collection with 400 Spanish-speaking construction workers. Upon completion of the data collection, all study materials and data will be returned to NIOSH. The contractor will manage all identification of field sites. scheduling, logistics, training of field trainers, and field testing.

The contractor will carry out tasks outlined in the contract; the NIOSH Project Officer (PO) will provide consultation where this statement of work stipulates below. The contractor may perform the work anywhere in the United States agreed upon with the PO.

IV. Detailed Technical Requirements

Summary of Tasks

Contractor will oversee recruitment of participating construction companies, training of site supervisors, and data collection with Spanish-speaking construction workers evaluating Spanish-language versions of NIOSH/CPWR toolbox talks. No PII will be collected from participants.

Contractor will provide NIOSH with hard copies (pretests with posttests) of all data collection instruments used in this study.

Task 1: Develop a plan for identifying and recruiting small- (25 or fewer employees) and medium-sized (26-50 employees) construction businesses to participate in this field study.

Task 2: Develop a training protocol for use of toolbox talks for the field supervisors who will be presenting them.

Task 3: Develop a process for collecting data from the field supervisors on a weekly basis.

Task 4: Recruit a sufficient number of small- and medium-sized construction companies to yield

400 Spanish-speaking construction worker participants.

Task 5: Provide training for the company’s field supervisors who will be presenting the toolbox talks to their employees and provide training and data collection materials to participating companies.

Task 6: Monitor field implementation for consistency across sites and serve as a resource point of contact as needed. This task includes collecting data weekly from the field supervisors.

Task 7: Collection and collation of all study data collection inventories by site and treatment condition. This task includes matching participant pretests with posttests. The hard copies of these data collection inventories will be turned over to NIOSH.

Description of Specific Tasks

Task 1: Develop a plan for identifying and recruiting small- (25 or fewer employees) and medium-sized (26 – 50 employees) construction businesses to participate in this field study.

• The contractor will generate the project plan and the timeline.

• The NIOSH PO will provide input and the plan/timeline will be adjusted accordingly by the contractor.

• The contractor will identify participating small- and medium-sized construction companies from among its existing contacts. The contractor will ensure that at least 400

Spanish-speaking construction workers will be recruited to begin the field testing. There will be 2 treatment conditions, so roughly half of the participants will be assigned to either condition. The companies will be assigned to a treatment condition using an urn randomization technique.

o The two treatment conditions are 1) Toolbox talk with a narrative component &

2) Toolbox talk without a narrative component. All participants within the same company will be assigned to the same treatment condition.

• The contractor will determine whether the participants meet the qualification requirements of the study:

o The participants will be adult (18 years or older) native Spanish-speaking construction workers.

o The participants may be male or female.

• The contractor will develop a pretest, a demographics form, and a posttest in collaboration with NIOSH researchers.

• The contractor will submit their recruitment plan and timeline to NIOSH for approval.

• Implementation of the recruitment and field testing will not begin until the NIOSH PO notifies the contractor that they have obtained both Institutional Review Board (IRB) and

Office of Management and Budget (OMB) approval.

Task 2: Develop a training protocol for use of toolbox talks for the field supervisors who will be presenting them.

• The contractor will develop a brief training protocol for the field supervisors who will be presenting the toolbox talks to the construction workers. The purpose of this training protocol is to standardize the presentation of the toolbox talks across all participating companies and to familiarize them with project paperwork.

• The training protocol will be submitted to NIOSH for approval.

Task 3: Develop a process for collecting data from the field supervisors on a weekly basis.

• The contractor will develop a brief data collection form to be completed by the field supervisors on a weekly basis. The data will include topic presented, number of workers in attendance, and any deviations from the standardized presentation format.

Arrangements will be made for this data to be collected weekly. No personally identifiable information will be collected.

• The data collection process and form will be submitted to NIOSH for approval.

Upon review and acceptance of the Task 1, 2, & 3 deliverables, the NIOSH Project Officer will authorize partial payment of 50% of the total contract amount.

Task 4: Recruit a sufficient number of small- (fewer than 25 employees) and medium-sized (26-

50 employees) construction companies to yield 400 Spanish-speaking construction worker participants.

• Using existing contacts, the contractor will recruit small- and medium-sized construction companies and elicit their participation in this field study. The contractor will provide details/information on the study, including that the toolbox talk trainings will be delivered by the field supervisors at participating worksites once per week for four consecutive weeks.

• These companies will be assigned to one of the two treatment conditions using an urn randomization technique.

• The construction workers will be asked to complete brief pretest of general OSH knowledge and general demographics (age, education, country of origin, specialty within construction, etc.). No personally identifiable information will be collected by the contractor nor provided to NIOSH.

• The construction workers will be asked to complete a brief general OSH knowledge posttest after participating in the four weeks of toolbox talk trainings.

• It is expected that the contractor will need to coordinate multiple construction companies across multiple worksites to complete this data collection. Therefore, it is not expected that field testing at all participating companies will begin and end on the same dates.

Multiple starting points are permissible based upon logistical needs of the contractor and the participating companies.

• The contractor will provide at least monthly updates to NIOSH regarding progress on this task.

Task 5: Provide training for the company’s field supervisors who will be presenting the toolbox talks to their employees and provide training and data collection materials to participating companies.

• The contractor will provide the standardized training developed in Task 2 to each of the field supervisors who will be conducting the toolbox talk trainings with the construction workers. This training will address how to present the toolbox talks in a work setting and how to complete any project paperwork. It is expected that this training will take less than 1 hour to complete.

Task 6: Monitor field implementation fidelity for consistency across sites and serve as a resource point of contact as needed. This task includes collecting data weekly from the field supervisors.

• Using the data collection process developed in Task 3, the contractor will collect information about deviations for standard presenting procedure and discuss remedies for any such deviations with the field supervisors.

• The contractor will review the pretests and posttests for completion and in conjunction of

NIOSH researchers will develop remedies for any problems identified.

Task 7: Collection and collation of all study data collection inventories by site and treatment condition. This task includes matching participant pretests with posttests. The de-identified hard copies of these data collection inventories that will not include any PII will be turned over to

NIOSH.

• The contractor will coordinate data collection activities with the participating companies.

Any significant problems will be referred to NIOSH researchers for consultation regarding solutions.

• The contractor will ensure that the construction workers are provided with informed consent for their participation in this data collection (if required by NIOSH IRB).

• The contractor will ensure that the toolbox talks are given weekly for four consecutive weeks.

• The contractor will ensure that the pretest, the demographics form, and the posttest are completed by the participating construction workers.

• At the conclusion of data collecting, the contractor will collate the hard copies of the data collection instruments by treatment condition and data collection site, including matching pretest and posttest data by participant. As stated previously, no personally identifiable information will be collected by the contractor nor transmitted to NIOSH.

• The collated hard copies of the data collection instruments will be provided to NIOSH.

Upon review and acceptance of the Task 4, 5, 6, & 7 deliverables for 50 % of the projected sample (200 construction worker participants), the NIOSH Project Officer will authorize payment of the 25% of contract amount. Upon review and acceptance of the Task 4, 5, 6, & 7 deliverables for final 50 % of the projected sample (an additional 200 construction worker participants), the NIOSH Project Officer will authorize payment of the final 25% of contract amount.

Delivery, Review, and Payment

The time frame for completion of this contract is 24 months from the award of this contract.

Description of Deliverables

Task 1 Deliverables from contractor:

• A recruitment plan and timeline

• Drafts of pretest, demographics form, and posttest

Task 2 Deliverables from contractor:

• A standardized training protocol for presentation of toolbox talks

Task 3 Deliverables from contractor:

• A data collection form and proposed mechanism.

Task 4 Deliverables from contractor:

• At least monthly updates to NIOSH regarding recruitment and data collection efforts

Task 5 Deliverables from contactor:

• Provision of training for field supervisors

Task 6 Deliverables from the contractor:

• Data collection forms for weekly monitoring of field supervisors and training

Task 7 Deliverable from the contractor:

• Completed pretest and demographic forms for 400 Spanish-speaking construction workers starting the study

• Completed posttest forms from the construction workers after four weeks of training

The contractor may deliver these deliverables to the NIOSH PO at any time they complete them before the due dates.

V. Reporting Schedule

Activity Proposed Completion

After Date of Award

(ADOA)

Task 1: Develop recruitment plan, projected timeline, and draft data collection instruments.

6 months ADOA

Task 2: Develop a standardized toolbox talk training protocol for field supervisors.

6 months ADOA

Task 3: Develop weekly data collection form and mechanism for collecting the form.

6 months ADOA

Upon review and acceptance of the Task 1, 2, & 3 deliverables, the NIOSH Project Officer will authorize partial payment of 50% of contract amount.

Task 4: Deliver monthly updates to NIOSH regarding project status.

7-20 months ADOA

Task 5: Provide training of site supervisors 7-20 months ADOA

Task 6: Collection of weekly data forms from site supervisors. 7-24 months ADOA

Task 7: Completed and collated hard copies of the data collection instruments from the 400 participating construction workers.

7-24 months ADOA

Upon review and acceptance of the Task 4, 5, 6, & 7 deliverables for 50 % of the projected sample (200 construction worker participants), the NIOSH Project Officer will authorize payment of the 25% of contract amount. Upon review and acceptance of the Task 4, 5, 6, & 7 deliverables for final 50 % of the projected sample (an additional 200 construction worker participants), the NIOSH Project Officer will authorize payment of the final 25% of contract amount.

VI. Special Considerations – Required Qualifications

In order to ensure the quality of the data analysis and final report, the contractor will have: 1) familiarity with occupational safety and health interventions, 2) the ability to coordinate activities with multidisciplinary research teams, 3) bilingual in English and Spanish, has worked with Spanish-speaking populations and be able to translate documents from English to Spanish and vice versa, and 4) the ability to recruit and coordinate field testing involving multiple companies across multiple sites.

SECTION C - CONTRACT CLAUSES

SIMPLIFIED ACQUISITION TERMS AND CONDITIONS

FAR SOURCE TITLE AND DATE

52.204-13 System for Award Management Maintenance (Oct 2018)

52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020)

52.212-4 Contract Terms and Conditions- Commercial Items (Oct 2018)

52.223-5 Pollution Prevention and Right-to-Know Information (May 2011)

52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)

52.232-40 Providing Accelerated Payments to Small Business Contractors (Dec 2013)

52.245-1 Government Property (Jan 2017)

52.245-9 Use and Charges (Apr 2012)

HHSAR SOURCE

352.222-70 Contractor Cooperation in Equal Employment Opportunity Investigations (Dec 2015)

352.223-70 Safety and Health (Dec 2015)

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 this/these address(es):

www.acquisition.gov

(End of Clause)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive

Orders-Commercial Items.

CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS-COMMERCIAL ITEMS (JUL 2020)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (JAN 2017) (section

743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky

Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or

Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting

Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUNE 2020), with

Alternate I (OCT 1995) (

41U.S.C.4704 and 10 U.S.C. 2402).

http://www.acquisition.gov/

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C.

3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment

Act of 2009 (JUN 2010)

(Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and

Reinvestment Act of 2009.)

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards

(JUN 2020) (Pub. L. 109-282)

( 31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts

(OCT 2016) (Pub. L.

111-117, section 743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C.

6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

(OCT 2018)

(41 U.S.C. 2313).

52.2-80

__ (10) [Reserved].

__ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15

U.S.C. 657a).

__ (ii) Alternate I (MAR 2020) of 52.219-3.

__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (MAR 2020) of 52.219-4.

__ (13) [Reserved]

_X_ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (MAR 2020) of 52.219-6 (15

U.S.C. 644).

__ (ii) Alternate I (MAR 2020) of 52.219-6 .

__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (MAR 2020) (15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and

(3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (JUN 2020) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (NOV 2016) of 52.219-9.

__ (iii) Alternate II (NOV 2016) of 52.219-9.

__ (iv) Alternate III (JUN 2020) of 52.219-9.

__ (v) Alternate IV (JUN 2020) of 52.219-9

__ (18) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

(ii) Alternate I (MAR 2020) of 52.219-13.

__ (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (JAN 1999) (15 U.S.C.

637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR

2020)

(15 U.S.C. 657f).

_X_ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (MAY 2020)

(15 U.S.C. 632(a)(2)).

(ii) Alternate I (MAR 2020) of 52.219-28.

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically

Disadvantaged Women-Owned

Small Business Concerns (MAR 2020) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small

Business Concerns

Eligible Under the Women-Owned Small Business Program (Mar2020) (15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15

U.S.C. 644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15U.S.C. 637(a)(17)).

_X_ (27) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

__ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN2020)

(E.O.13126).

_X_ (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

_X_ (30) (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).

__ (ii) Alternate I (FEB 1999) of 52.222-26.

__ (31) (i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

__ (ii) Alternate I (JUL 2014) of 52.222-35.

_X_ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29

U.S.C. 793).

__ (ii) Alternate I (JUL 2014) of 52.222-36.

__ (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

__ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(DEC 2010) (E.O. 13496).

_X_ (35) (i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

__ (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in

22.1803.)

__ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated

Items (May 2008) (

42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (Jun 2016)

(E.O. 13693).

52.2-81

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and

Air Conditioners (JUN

2016) (E.O. 13693).

__ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014)

(E.O.s 13423 and 13514).

__ (ii) Alternate I (OCT 2015) of 52.223-13.

__ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C.

8259b).

__ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT

2015) (E.O.s 13423 and

13514).

__ (ii) Alternate I (JUN 2014) of 52.223-16.

_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving

(JUN 2020) (E.O. 13513).

__ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

__ (47) (i) 52.224-3 Privacy Training (JAN 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (JAN 2017) of 52.224-3.

__ (48) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (MAY 2014) (41

U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.

103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (MAY 2014) of 52.225-3.

__ (iii) Alternate II (MAY 2014) of 52.225-3.

__ (iv) Alternate III (MAY 2014) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States

(Oct 2016) (Section

862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C.

2302Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area

(Nov2007) (42 U.S.C. 5150).

__ (55) 52.229-12, Tax on Certain Foreign Procurements (JUN 2020).

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41

U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Items (Jan2017) (41 U.S.C. 4505, 10

U.S.C. 2307(f)).

_X_ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award

Management (OCT2018)

(31 U.S.C. 3332).

__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award

Management (Jul 2013)

(31 U.S.C. 3332).

__ (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

__ (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

__ (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C.

637(d)(13)).

__ (63) (i) 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).

__ (ii) Alternate I (APR 2003) of 52.247-64.

__ (iii) Alternate II (FEB 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the

Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or

Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

_X_ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter67).

_X_ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C.

206 and 41 U.S.C. chapter 67).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price

Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

52.2-82

SUBPART 52.2 - TEXT OF PROVISIONS AND CLAUSES 52.212-5

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price

Adjustment (May 2014) (

29U.S.C.206 and 41 U.S.C. chapter 67).

__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to

Contracts for Certain

Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).

_X_ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42

U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR

2.101, on the date of award of this contract, 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.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(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 (JUN 2020) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (Jan 2017)

(section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations

Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by

Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or

Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (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 the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(vii) 52.222-26, Equal Opportunity (SEP 2015) (E.O.11246).

(viii) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

(xi) 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.

(xii) 52.222-41, Service Contract Labor Standards (Aug2018) (41 U.S.C. chapter 67).

(xiii) (A) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and

E.O 13627).

(B) Alternate I (Mar2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to

Contracts for

Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (41 U.S.C.

chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to

Contracts for Certain

Services-Requirements (MAY2014) (41 U.S.C. chapter 67).

52.2-83

52.212-5 FEDERAL ACQUISITION REGULATION

(xvi) 52.222-54, Employment Eligibility Verification (OCT 2015) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States

(OCT 2016) (Section

862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C.

2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42

U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 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)

352.239-74 Electronic and Information Technology Accessibility (December 18, 2015)

(a) Pursuant to Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), as amended by the Workforce Investment Act of 1998, all electronic and information technology (EIT) supplies and services developed, acquired, or maintained under this contract or order must comply with the “Architectural and Transportation Barriers Compliance Board Electronic and Information

Technology (EIT) Accessibility Standards” set forth by the Architectural and Transportation

Barriers Compliance Board (also referred to as the “Access Board”) in 36 CFR part 1194.

Information about Section 508 is available at http://www.hhs.gov/web/508. The complete text of

Section 508 Final Provisions can be accessed at http://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-section-508-standards.

(b) The Section 508 accessibility standards applicable to this contract or order are identified in the Statement of Work or Specification or Performance Work Statement. The contractor must provide any necessary updates to the submitted HHS Product Assessment Template(s) at the end of each contract or order exceeding the simplified acquisition threshold (see FAR 2.101) when the contract or order duration is one year or less. If it is determined by the Government that EIT supplies and services provided by the Contractor do not conform to the described accessibility standards in the contract, remediation of the supplies or services to the level of conformance specified in the contract will be the responsibility of the Contractor at its own expense.

(c) The Section 508 accessibility standards applicable to this contract are:

• 205 WCAG 2.0 Level A & AA Success Criteria

• 302 Functional Performance Criteria

• 502 Inoperability with Assistive Technology

• 503 Applications

• 504 Authoring Tools

• 602 Support Documentation

• 603 Support Services

(d) In the event of a modification(s) to this contract or order, which adds new EIT supplies or services or revises the type of, or specifications for, supplies or services, the Contracting Officer may require that the contractor submit a completed HHS Section 508 Product Assessment

Template and any other additional information necessary to assist the Government in determining that the EIT supplies or services conform to Section 508 accessibility standards.

Instructions for documenting accessibility via the HHS Section 508 Product Assessment https://www.hhs.gov/web/508 http://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-section-508-standards http://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-section-508-standards http://www.ecfr.gov/cgi-bin/text-idx?node=pt48.1.2#se48.1.2_1101

Template may be found under Section 508 policy on the HHS website:

(http://www.hhs.gov/web/508). If it is determined by the Government that EIT supplies and services provided by the Contractor do not conform to the described accessibility standards in the contract, remediation of the supplies or services to the level of conformance specified in the contract will be the responsibility of the Contractor at its own expense.

(e) If this is an Indefinite Delivery contract, a Blanket Purchase Agreement or a Basic Ordering

Agreement, the task/delivery order requests that include EIT supplies or services will define the specifications and accessibility standards for the order. In those cases, the Contractor may be required to provide a completed HHS Section 508 Product Assessment Template and any other additional information necessary to assist the Government in determining that the EIT supplies or services conform to Section 508 accessibility standards. Instructions for documenting accessibility via the HHS Section 508 Product Assessment Template may be found at http://www.hhs.gov/web/508. If it is determined by the Government that EIT supplies and services provided by the Contractor do not conform to the described accessibility standards in the provided documentation, remediation of the supplies or services to the level of conformance specified in the contract will be the responsibility of the Contractor at its own expense.

(End of clause)

CDCA_H042 Records Management Obligations (Jun 2020)

A. Applicability

The following applies to all Contractors whose employees create, work with, or otherwise handle

Federal records, as defined in Section B, regardless of the medium in which the record exists.

B. Definitions

“Federal record” as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them.

The term Federal record:

1. includes Centers for Disease Control and Prevention (CDC) records.

2. does not include personal materials.

3. applies to records created, received, or maintained by Contractors pursuant to their CDC contract.

4. may include deliverables and documentation associated with deliverables.

C. Requirements https://www.hhs.gov/web/508

1. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a).

These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

2. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act

(FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

3. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for

Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with

Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

4. CDC and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of CDC or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the

Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to the Contracting Officer and the Contracting Officer’s

Representative. The agency must report promptly to NARA in accordance with 36 CFR

1230.

5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the contract. The

Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected.

The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to CDC control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the contract.

Destruction of records is EXPRESSLY PROHIBITED unless in accordance with

Paragraph (4).

6. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by

Government and CDC guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

7. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with CDC policy.

8. The Contractor shall not create or maintain any records containing any non-public CDC information that are not specifically tied to or authorized by the contract.

9. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

10. Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take CDC-provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

D. Flowdown of requirements to subcontractors

1. The Contractor shall incorporate the entire substance of the terms and conditions herein, including this paragraph, in all subcontracts under this contract, and must require written subcontractor acknowledgment of same.

2. Violation by a subcontractor of any provision set forth herein will be attributed to the

Contractor.

CDC0_H049 Non-Disclosure Agreement for Contractor and Contractor Employees (Jun

2020)

(a) The contractor and contractor employees shall prepare and submit Non-Disclosure

Agreements (NDA) to the Contracting Officer prior to access of government information or the commencement of work at CDC.

(b) The NDAs, at Exhibit I and II, are required in service contracts where contractor’s employees will have access to non-public and procurement-sensitive information while performing functions in support of the Government. The NDA also requires contractor’s employees properly identify themselves as employees of a contractor when communicating or interacting with CDC employees, employees of other governmental entities, and members of the public (when communication or interaction relates to the contractor’s work with the

CDC). The Federal Acquisition Regulation (FAR) 37.114 (c), states “All contractor personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public or

Congress that they are Government officials, unless, in the judgment of the agency, no harm can come from failing to identify themselves. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed.”

(c) The contractor shall inform contractor employees of the identification requirements by which they must abide and monitor employee compliance with the identification requirements.

(d) During the contract performance period, the contractor is responsible to ensure that all additional or replacement contractors’ employees sign an NDA and it is submitted to the

Contracting Officer prior to commencement of their work with the CDC.

(e) Contractor employees in designated positions or functions that have not signed the appropriate NDA shall not have access to any non-public, procurement sensitive information or participate in government meetings where sensitive information may be discussed.

(f) The Contractor shall prepare and maintain a current list of employees working under NDAs and submit to the Contracting Officer upon request during the contract period of performance. The list should at a minimum include: contract number, employee’s name, position, date of hire and NDA requirement.

EXHIBIT I

Contractor Non-Disclosure Agreement

I. Non-public Information

[Name of contractor] understands that in order to fulfill the responsibilities pursuant to

[contract name and number] between the Centers for Disease Control and Prevention and

[Name of CDC contractor] dated [date], employees of [contractor] will have access to non-public information, including confidential and privileged information contained in government-owned information technology systems.