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SEE ADDENDUMIS CHECKED
CODE 18a. PAYMENT WILL BE MADE BY
CODE
FACILITYCODE
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
OFFEROR
ADM-NHGRI
Bethesda MD 20892-7511 National Human Genome Institute National Institutes of Health
BLDG 10, 3-CRC, BMC CODE 16. ADMINISTERED BYCODE
X
X
541690
SIZE STANDARD:
% FOR:SET ASIDE:UNRESTRICTED ORIO-NHLBI
RFPIFB
10. THIS ACQUISITION ISCODE
RFQ
14. METHOD OF SOLICITATION
13b. RATING
NAICS:
SMALL BUSINESS
06/01/2020 1500 ES
05/18/2020
301-827-7713Lynn Furtaw (No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION
75N92020Q0061
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 30 CAMS00261OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
TELEPHONE NO.
17a. CONTRACTOR/
Bethesda MD 20814 N/A 10 Center Drive 3rd Floor, Wing CRC, BLDG 10 - Clinical Research Center, BLDG 10, 3-CRC, BMC
15. DELIVER TO
Bethesda MD 20892-7511 Institutes National Heart, Lung, and Blood
9. ISSUED BY
7.
2. CONTRACT NO.
EFFECTIVE DATE
$15.00
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW
ISSUE DATE
DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
11.
SEE SCHEDULEX
12. DISCOUNT TERMS
THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13a.
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
8(A)
National Institutes of Health
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
See attached Combined Synopsis/Solicitation.
Delivery: 06/30/2023 Period of Performance: 07/01/2020 to 06/30/2023
1 Clinical Research Support and Collaboration for NHGRI Protocols
(Use Reverse and/or Attach Additional Sheets as Necessary)
HEREIN, IS ACCEPTED AS TO ITEMS:
XX
DATED
Lynn Furtaw
. YOUR OFFER ON SOLICITATION (BLOCK 5),
INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER
ARE
ARE
31c. DATE SIGNED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)
ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL
SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
26. TOTAL AWARD AMOUNT (For Govt. Use Only)
OFFER
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
ARE NOT ATTACHED.
ARE NOT ATTACHED.
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
30b. NAME AND TITLE OF SIGNER (Type or print)
30a. SIGNATURE OF OFFEROR/CONTRACTOR
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
25. ACCOUNTING AND APPROPRIATION DATA
29. AWARD OF CONTRACT:
REF.
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER
37. CHECK NUMBER
FINALPARTIAL
36. PAYMENT
FINALPARTIAL
35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER33. SHIP NUMBER
COMPLETE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)
42b. RECEIVED AT (Location)
42a. RECEIVED BY (Print)
41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
STANDARD FORM 1449 (REV. 2/2012) BACK
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
30 2 of
RFQ No. 75N92020Q0061 Page 1 of 28
COMBINED SYNOPSIS / SOLICITATION
(1) Action Code: Combined Synopsis/Solicitation
(2) Date: May 18, 2020
(3) Year: 2020
(4) Contracting Office Zip Code: 20892
(5) Classification Code: R499
(6) Contracting Office Address:
Office of Acquisitions, NHLBI 6701 Rockledge Drive Bethesda, MD 20892
(7) Title: Clinical Research Support and Collaboration for NHGRI Protocols
(8) Proposed Solicitation Number: 75N92020Q0061
(9) Closing Response Date: June 1, 2020 no later than 3:00pm Eastern Time
(10) Contact Point: Lynn Furtaw, Contracting Officer
(11) Type of Contract/Contract Line Item Number(s):
This will be an Indefinite Delivery, Indefinite Quantity type contract with an ordering period of three years: 7/01/2020 – 6/30/2023. This will be a single award. Task Orders will be issued in the three (3) task areas described in the Statement of Work. The task orders will be firm fixed price or time and materials.
(12) Contract Award Date: 7/01/2020
(13) Description:
(i) This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in Subpart 12.6 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.
(ii) The solicitation number is 75N92020Q0061 and the solicitation is issued as a request for quotation (RFQ).
(iii) The solicitation document and the incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2020-05 effective 03-30- 2020.
RFQ No. 75N92020Q0061 Page 2 of 28
(iv) THIS REQUIREMENT IS NOT SET-ASIDE FOR SMALL BUSINESS. However, in accordance with the FAR, the North American Industry Classification System (NAICS) code applicable to this requirement is 541690 with a size standard of $16.5M. This solicitation is being competed under full and open competition.
This acquisition is being conducted using Simplified Acquisition Procedures in accordance with FAR Part 13.5.
(v) The National Heart, Lung, and Blood Institute (NHLBI) on behalf of the National Human Genome Research Institute (NHGRI) intends to award an Indefinite Delivery / Indefinite Quantity (ID/IQ) contract for services in accordance with the following information:
Statement of Work (SOW):
See attached SOW (Attachment 1) for a description of the required tasks.
Place of Performance:
Office of the Clinical Director, NHGRI located at the NIH campus in Bethesda, MD and the Contractor’s site.
Period of Performance:
The ordering period of performance is three (3) years upon contract execution.
Information Security And/Or Physical Access Security:
IMPORTANT NOTE TO OFFERORS: Information and Physical Access Security is applicable to this solicitation and the following information is provided to assist in quote preparation. The following information shall be addressed in a separate section of the Technical Quote, entitled “Information Security.” The contractor will be provided with a Government laptop and will have access to Government systems as described in the SOW.
A. Baseline Security Requirements
1. Applicability- The requirements herein apply whether the entire contract or order (hereafter "contract"), or portion thereof, includes either or both of the following:
a. Access (Physical or Logical) to Government Information: A
Contractor (and/or any subcontractor) employee will have or will be given the ability to have, routine physical (entry) or logical (electronic) access to government information.
b. Operate a Federal System Containing Information: A
Contractor (and/or any subcontractor) will operate a federal system and information technology containing data that supports the HHS mission. In addition to the Federal
RFQ No. 75N92020Q0061 Page 3 of 28
Acquisition Regulation (FAR) Subpart 2.1 definition of "information technology" (IT), the term as used in this section includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources.
2. Safeguarding Information and Information Systems- In accordance with the Federal Information Processing Standards Publication (FIPS)199, Standards for Security Categorization of Federal Information and Information Systems, the Contractor (and/or any subcontractor) shall:
a. Protect government information and information systems in order to ensure:
• Confidentiality , which means preserving authorized restrictions on access and disclosure, based on the security terms found in this contract, including means for protecting personal privacy and proprietary information;
• Integrity , which means guarding against improper information modification or destruction, and ensuring information non-repudiation and authenticity; and
• Availability , which means ensuring timely and reliable access to and use of information.
b. Provide security for any Contractor systems, and information contained therein, connected to an HHS network or operated by the Contractor on behalf of HHS regardless of location. In addition, if new or unanticipated threats or hazards are discovered by either the agency or contractor, or if existing safeguards have ceased to function, the discoverer shall immediately, within one (1) hour or less , bring the situation to the attention of the other party.
c. Adopt and implement the policies, procedures, controls, and standards required by the HHS Information Security Program to ensure the confidentiality, integrity, and availability of government information and government information systems for which the Contractor is responsible under this contract or to which the Contractor may otherwise have access under this contract. Obtain the HHS Information Security Program security requirements, outlined in the HHS Information Security and Privacy
RFQ No. 75N92020Q0061 Page 4 of 28
Policy (IS2P), by contacting the CO/COR or emailing fisma@hhs.gov.
d. Comply with the Privacy Act requirements.
3. Information Security Categorization- In accordance with FIPS 199 and National Institute of Standards and Technology (NIST) Special Publication (SP) 800-60, Volume II: Appendices to Guide for Mapping Types of Information and Information Systems to Security Categories, Contractor Non-Disclosure Agreement and based on information provided by the ISSO, CISO, or other security representative, the risk level for each Security Objective and the Overall Risk Level, which is the highest watermark of the three factors (Confidentiality, Integrity, and Availability) of the information or information system are the following:
Confidentiality: [X] Low [ ] Moderate [ ] High Integrity: [ ] Low [X] Moderate [ ] High Availability: [X] Low [ ] Moderate [ ] High Overall Risk Level: [ ] Low [X] Moderate [ ] High
Based on information provided by the ISSO, Privacy Office, system/data owner, or other security or privacy representative, it has been determined that this solicitation/contract involves:
[ ] No PII [X] Yes PII
Personally Identifiable Information (PII). Per the Office of Management and Budget (OMB) Circular A-130, "PII is information that can be used to distinguish or trace an individual's identity, either alone or when combined with other information that is linked or linkable to a specific individual." Examples of PII include, but are not limited to the following: social security number, date and place of birth, mother's maiden name, biometric records, etc.
PII Confidentiality Impact Level has been determined to be:
[ ] Low [X] Moderate [ ] High
4. Controlled Unclassified Information (CUI)- CUI is defined as "information that laws, regulations, or Government-wide policies require to have safeguarding or dissemination controls, excluding classified information." The Contractor (and/or any subcontractor) must comply with Executive Order 13556, Controlled Unclassified Information, (implemented at 3 CFR, part 2002) when handling CUI. 32 C.F.R. 2002.4(aa) As implemented the term "handling" refers to "…any use of CUI, including but not limited to marking, safeguarding, transporting, disseminating, re-using, and disposing of the information." 81 Fed. Reg. 63323. All sensitive information mailto:fisma@hhs.gov
RFQ No. 75N92020Q0061 Page 5 of 28 that has been identified as CUI by a regulation or statute, handled by this solicitation/contract, shall be:
a. Marked appropriately;
b. Disclosed to authorized personnel on a Need-To-Know basis;
c. Protected in accordance with NIST SP 800-53, Security and Privacy Controls for Federal Information Systems and Organizations applicable baseline if handled by a Contractor system operated on behalf of the agency, or NIST SP 800-171, Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations if handled by internal Contractor system;
and
d. Returned to HHS control, destroyed when no longer needed, or held until otherwise directed. Destruction of information and/or data shall be accomplished in accordance with NIST SP 800-88, Guidelines for Media Sanitization.
5. Protection of Sensitive Information- For security purposes, information is or may be sensitive because it requires security to protect its confidentiality, integrity, and/or availability. The Contractor (and/or any subcontractor) shall protect all government information that is or may be sensitive in accordance with OMB Memorandum M-06-16, Protection of Sensitive Agency Information by securing it with a FIPS 140-2 validated solution.
6. Confidentiality and Nondisclosure of Information- Any information provided to the contractor (and/or any subcontractor) by HHS or collected by the contractor on behalf of HHS shall be used only for the purpose of carrying out the provisions of this contract and shall not be disclosed or made known in any manner to any persons except as may be necessary in the performance of the contract.
The Contractor assumes responsibility for protection of the confidentiality of Government records and shall ensure that all work performed by its employees and subcontractors shall be under the supervision of the Contractor. Each Contractor employee or any of its subcontractors to whom any HHS records may be made available or disclosed shall be notified in writing by the Contractor that information disclosed to such employee or subcontractor can be used only for that purpose and to the extent authorized herein.
The confidentiality, integrity, and availability of such information shall be protected in accordance with HHS and NIH policies.
Unauthorized disclosure of information will be subject to the HHS/NIH sanction policies and/or governed by the following laws and regulations:
RFQ No. 75N92020Q0061 Page 6 of 28
a. 18 U.S.C. 641 (Criminal Code: Public Money, Property or
Records);
b. 18 U.S.C. 1905 (Criminal Code: Disclosure of Confidential
Information); and
c. 44 U.S.C. Chapter 35, Subchapter I (Paperwork Reduction
Act).
Each employee, including subcontractors, having access to non-public Department information under this acquisition shall complete the "Commitment to Protect Non-Public Information - Contractor Employee Agreement" located at:
https://ocio.nih.gov/aboutus/publicinfosecurity/acquisition/Docume nts/Nondisclosure.pdf . A copy of each signed and witnessed Non-Disclosure agreement shall be submitted to the Project Officer/COR prior to performing any work under this acquisition.
7. Internet Protocol Version 6 (IPv6)- All procurements using Internet Protocol shall comply with OMB Memorandum M-05-22, Transition Planning for Internet Protocol Version 6 (IPv6).
8. Government Websites- All new and existing public-facing government websites must be securely configured with Hypertext Transfer Protocol Secure (HTTPS) using the most recent version of Transport Layer Security (TLS). In addition, HTTPS shall enable HTTP Strict Transport Security (HSTS) to instruct compliant browsers to assume HTTPS at all times to reduce the number of insecure redirects and protect against attacks that attempt to downgrade connections to plain HTTP. For internal-facing websites, the HTTPS is not required, but it is highly recommended.
9. Contract Documentation- The Contractor shall use provided templates, policies, forms and other agency documents provided by the Contracting Officer and the Contracting Officer's Representative to comply with contract deliverables as appropriate.
10. Standard for Encryption- The Contractor (and/or any subcontractor) shall:
a. Comply with the HHS Standard for Encryption of Computing Devices and Information to prevent unauthorized access to government information.
b. Encrypt all sensitive federal data and information (i.e., PII, protected health information [PHI], proprietary information, etc.) in transit (i.e., email, network connections, etc.) and at rest (i.e., servers, storage devices, mobile devices, backup media, etc.) with FIPS 140-2 validated encryption solution.
https://ocio.nih.gov/aboutus/publicinfosecurity/acquisition/Documents/Nondisclosure.pdf https://ocio.nih.gov/aboutus/publicinfosecurity/acquisition/Documents/Nondisclosure.pdf
RFQ No. 75N92020Q0061 Page 7 of 28
c. Secure all devices (i.e.: desktops, laptops, mobile devices, etc.) that store and process government information and ensure devices meet HHS and NIH-specific encryption standard requirements. Maintain a complete and current inventory of all laptop computers, desktop computers, and other mobile devices and portable media that store or process sensitive government information (including PII).
d. Verify that the encryption solutions in use have been validated under the Cryptographic Module Validation Program to confirm compliance with FIPS 140-2. The Contractor shall provide a written copy of the validation documentation to the Contracting Officer and the Contracting Officer's Technical Representative within 15 days of the validation .
e. Use the Key Management system on the HHS personal identification verification (PIV) card or establish and use a key recovery mechanism to ensure the ability for authorized personnel to encrypt/decrypt information and recover encryption keys. Encryption keys shall be provided to the COR upon request and at the conclusion of the contract.
11. Contractor Non-Disclosure Agreement (NDA)- Each Contractor
(and/or any subcontractor) employee having access to non-public government information under this contract shall complete the NIH non-disclosure agreement https://ocio.nih.gov/aboutus/publicinfosecurity/acquisition/Docume nts/Nondisclosure.pdf , as applicable. A copy of each signed and witnessed NDA shall be submitted to the Contracting Officer (CO) and/or CO Representative (COR) prior to performing any work under this acquisition.
12. Privacy Threshold Analysis (PTA)/Privacy Impact Assessment
(PIA)- The Contractor shall assist the NIH Office of the Senior Official for Privacy (SOP) or designee with conducting a PTA for the information system and/or information handled under this contract to determine whether or not a full PIA needs to be completed. The NIH PIA guide is located at https://oma.od.nih.gov/forms/Privacy%20Documents/Documents/ NIH%20PIA%20Guide.pdf .
a. If the results of the PTA show that a full PIA is needed, the
Contractor shall assist the OpDiv SOP or designee with completing a PIA for the system or information within 60 days after completion of the PTA and in accordance with HHS policy and OMB M-03-22, Guidance for Implementing the Privacy Provisions of the E-Government Act of 2002.
b. The Contractor shall assist the NIH Office of the SOP or designee in reviewing the PIA at least every three years https://ocio.nih.gov/aboutus/publicinfosecurity/acquisition/Documents/Nondisclosure.pdf https://ocio.nih.gov/aboutus/publicinfosecurity/acquisition/Documents/Nondisclosure.pdf https://oma.od.nih.gov/forms/Privacy%20Documents/Documents/NIH%20PIA%20Guide.pdf https://oma.od.nih.gov/forms/Privacy%20Documents/Documents/NIH%20PIA%20Guide.pdf
RFQ No. 75N92020Q0061 Page 8 of 28 throughout the system development lifecycle (SDLC)/information lifecycle, or when determined by the agency that a review is required based on a major change to the system, or when new types of PII are collected that introduces new or increased privacy risks, whichever comes first.
B. TRAINING
1. Mandatory Training for All Contractor Staff- All Contractor (and/or any subcontractor) employees assigned to work on this contract shall complete the applicable HHS/NIH Contractor Information Security Awareness, Privacy, and Records Management training course at http://irtsectraining.nih.gov/ before performing any work under this contract. Thereafter, the employees shall complete NIH Information Security Awareness, Privacy, and Records Management training at least annually, during the life of this contract. All provided training shall be compliant with HHS training policies.
2. Role-based Training- All Contractor (and/or any subcontractor) employees with significant security responsibilities (as determined by the program manager) must complete role-based training annually commensurate with their role and responsibilities in accordance with HHS policy and the HHS Role-Based Training (RBT) of Personnel with Significant Security Responsibilities Memorandum. Read further guidance about the NIH Role-based Training https://ocio.nih.gov/aboutus/publicinfosecurity/securitytraining/Pag es/rolebasedtraining.aspx
3. Training Records- The Contractor (and/or any subcontractor) shall maintain training records for all its employees working under this contract in accordance with HHS policy. A copy of the training records shall be provided to the CO and/or COR within 30 days after contract award and annually thereafter or upon request.
C. RULES OF BEHAVIOR
1. The Contractor (and/or any subcontractor) shall ensure that all employees performing on the contract comply with the HHS Information Technology General Rules of Behavior, and comply with the NIH Information Technology General Rules of Behavior https://ocio.nih.gov/InfoSecurity/training/Pages/nihitrob.aspx , which are contained in the NIH Information Security Awareness Training Course http://irtsectraining.nih.gov
2. All Contractor employees performing on the contract must read and adhere to the Rules of Behavior before accessing Department http://irtsectraining.nih.gov/ https://ocio.nih.gov/aboutus/publicinfosecurity/securitytraining/Pages/rolebasedtraining.aspx https://ocio.nih.gov/aboutus/publicinfosecurity/securitytraining/Pages/rolebasedtraining.aspx
RFQ No. 75N92020Q0061 Page 9 of 28 data or other information, systems, and/or networks that store/process government information, initially at the beginning of the contract and at least annually thereafter, which may be done as part of annual NIH Information Security Awareness Training. If the training is provided by the contractor, the signed Rules of Behavior must be provided as a separate deliverable to the CO and/or COR per defined timelines above.
D. INCIDENT RESPONSE
The Contractor (and/or any subcontractor) shall respond to all alerts/Indicators of Compromise (IOCs) provided by HHS Computer Security Incident Response Center (CSIRC)/NIH IRT teams within 24 hours, whether the response is positive or negative.
FISMA defines an incident as "an occurrence that (1) actually or imminently jeopardizes, without lawful authority, the integrity, confidentiality, or availability of information or an information system; or (2) constitutes a violation or imminent threat of violation of law, security policies, security procedures, or acceptable use policies.. The HHS Policy for IT Security and Privacy Incident Reporting and Response further defines incidents as events involving cyber security and privacy threats, such as viruses, malicious user activity, loss of, unauthorized disclosure or destruction of data, and so on.
A privacy breach is a type of incident and is defined by Federal Information Security Modernization Act (FISMA) as the loss of control, compromise, unauthorized disclosure, unauthorized acquisition, or any similar occurrence where (1) a person other than an authorized user accesses or potentially accesses personally identifiable information or (2) an authorized user accesses or potentially accesses personally identifiable information for an other than authorized purpose. The HHS Policy for IT Security and Privacy Incident Reporting and Response further defines a breach as "a suspected or confirmed incident involving PII" .
In the event of a suspected or confirmed incident or breach, the Contractor (and/or any subcontractor) shall:
1. Protect all sensitive information, including any PII created, stored, or transmitted in the performance of this contract so as to avoid a secondary sensitive information incident with FIPS 140-2 validated encryption.
2. NOT notify affected individuals unless so instructed by the
Contracting Officer or designated representative. If so instructed by the Contracting Officer or representative, the Contractor shall send NIH approved notifications to affected individuals in accordance with https://ocio.nih.gov/InfoSecurity/IncidentResponse/Pages/ir_guidel ines.aspx https://ocio.nih.gov/InfoSecurity/IncidentResponse/Pages/ir_guidelines.aspx https://ocio.nih.gov/InfoSecurity/IncidentResponse/Pages/ir_guidelines.aspx
RFQ No. 75N92020Q0061 Page 10 of 28
3. Report all suspected and confirmed information security and privacy incidents and breaches to the NIH Incident Response Team (IRT) via email at IRT@mail.nih.gov , COR, CO, the NIH Office of the SOP (or his or her designee), and other stakeholders, including incidents involving PII, in any medium or form, including paper, oral, or electronic, as soon as possible and without unreasonable delay, no later than one (1) hour, and consistent with the applicable NIH and HHS policy and procedures, NIST standards and guidelines, as well as US-CERT notification guidelines. The types of information required in an incident report must include at a minimum: company and point of contact information, contract information, impact classifications/threat vector, and the type of information compromised. In addition, the Contractor shall:
a. cooperate and exchange any information, as determined by the Agency, necessary to effectively manage or mitigate a suspected or confirmed breach;
b. not include any sensitive information in the subject or body of any reporting e-mail; and
c. encrypt sensitive information in attachments to email, media, etc.
4. Comply with OMB M-17-12, Preparing for and Responding to a
Breach of Personally Identifiable Information HHS and NIH incident response policies when handling PII breaches.
5. Provide full access and cooperate on all activities as determined by the Government to ensure an effective incident response, including providing all requested images, log files, and event information to facilitate rapid resolution of sensitive information incidents. This may involve disconnecting the system processing, storing, or transmitting the sensitive information from the Internet or other networks or applying additional security controls. This may also involve physical access to contractor facilities during a breach/incident investigation within an hour of discovery.
E. POSITION SENSITIVITY DESIGNATIONS
All Contractor (and/or any subcontractor) employees must obtain a background investigation commensurate with their position sensitivity designation that complies with Parts 1400 and 731 of Title 5, Code of Federal Regulations (CFR).
The following position sensitivity designation levels apply to this solicitation/contract:
[ ] Level 6: Public Trust - High Risk. Contractor/subcontractor employees assigned to Level 6 positions shall undergo a Suitability Determination and Background Investigation (MBI).
RFQ No. 75N92020Q0061 Page 11 of 28
[ X ] Level 5: Public Trust - Moderate Risk. Contractor/subcontractor employees assigned to Level 5 positions with no previous investigation and approval shall undergo a Suitability Determination and a Minimum Background Investigation (MBI), or a Limited Background Investigation (LBI).
[ ] Level 1: Non-Sensitive. Contractor/subcontractor employees assigned to Level 1 positions shall undergo a Suitability Determination and National Check and Inquiry Investigation (NACI).
F. HOMELAND SECURITY PRESIDENTIAL DIRECTIVE (HSPD)-12
The Contractor (and/or any subcontractor) and its employees shall comply with Homeland Security Presidential Directive (HSPD)-12, Policy for a Common Identification Standard for Federal Employees and Contractors; OMB M-05-24;
FIPS 201, Personal Identity Verification (PIV) of Federal Employees and Contractors; HHS HSPD-12 policy; and Executive Order 13467, Part 1 §1.2.
For additional information, see HSPD-12 policy at:
https://www.dhs.gov/homeland-security-presidential-directive-12)
Roster-
a. The Contractor (and/or any subcontractor) shall submit a roster by name, position, e-mail address, phone number and responsibility, of all staff working under this acquisition where the Contractor will develop, have the ability to access, or host and/or maintain a government information system(s). The roster shall be submitted to the COR and/or CO within fourteen (14) calendar days after the effective date of this contract. Any revisions to the roster as a result of staffing changes shall be submitted within seven (7) calendar days of the change. The COR will notify the Contractor of the appropriate level of investigation required for each staff member. An electronic template, "Roster of Employees Requiring Suitability Investigations," is available for contractor use at:
https://ocio.nih.gov/aboutus/publicinfosecurity/acquisition/Docume nts/SuitabilityRoster_10-15-12.xlsx .
b. If the Contractor is filling a new position, the Contractor shall provide a position description and the Government will determine the appropriate suitability level. Upon receipt of the Government's notification of applicable Suitability Investigations required, the Contractor shall complete and submit the required forms within 30 days of the notification.
c. Upon receipt of the Government's notification of applicable
Suitability Investigations required, the Contractor shall complete and submit the required forms within 30 days of the notification.
d. The Contractor shall notify the Contracting Officer in advance when any new personnel, who are subject to a background https://www.dhs.gov/homeland-security-presidential-directive-12 https://ocio.nih.gov/aboutus/publicinfosecurity/acquisition/Documents/SuitabilityRoster_10-15-12.xlsx https://ocio.nih.gov/aboutus/publicinfosecurity/acquisition/Documents/SuitabilityRoster_10-15-12.xlsx
RFQ No. 75N92020Q0061 Page 12 of 28 check/investigation, will work under the contract and if they have previously been the subject of national agency checks or background investigations.
e. All contractor and subcontractor employees shall comply with the conditions established for their designated position sensitivity level prior to performing any work under this contract. Contractors may begin work after the fingerprint check has been completed.
f. Investigations are expensive and may delay performance, regardless of the outcome of the investigation. Delays associated with rejections and consequent re-investigations may not be excusable in accordance with the FAR clause, Excusable Delays -see FAR 52.249-14. Accordingly, the Contractor shall ensure that any additional employees whose names it submits for work under this contract have a reasonable chance for approval.
g. Typically, the Government investigates personnel at no cost to the
Contractor. However, multiple investigations for the same position may, at the Contracting Officer's discretion, justify reduction(s) in the contract price of no more that the cost of the additional investigation(s).
h. The Contractor shall include language similar to this "HHS
Controlled Facilities and Information Systems Security" language in all subcontracts that require subcontractor personnel to have the same frequency and duration of (1) physical access to an HHS-controlled facility; (2) logical access to an HHS-controlled information system; (3) access to sensitive HHS data/information, whether in an HHS-controlled information system or in hard copy;
or (4) any combination of circumstances (1) through (3).
i. The Contractor shall direct inquiries, including requests for forms and assistance, to the Contracting Officer or designee.
j. Within 7 calendar days after the Government's final acceptance of the work under this contract, or upon termination of the contract, the Contractor shall return all identification badges to the Contracting Officer or designee.
G. CONTRACT INITIATION AND EXPIRATION
1. General Security Requirements- The Contractor (and/or any subcontractor) shall comply with information security and privacy requirements, Enterprise Performance Life Cycle (EPLC) processes, HHS Enterprise Architecture requirements to ensure information is appropriately protected from initiation to expiration of the contract. All information systems development or enhancement tasks supported by the contractor shall follow the
RFQ No. 75N92020Q0061 Page 13 of 28
HHS EPLC framework and methodology or and in accordance with the HHS Contract Closeout Guide (2012).
HHS EA requirements may be located here:
https://www.hhs.gov/ocio/ea/documents/proplans.html
2. System Documentation- Contractors (and/or any subcontractors) must follow and adhere to NIST SP 800-64, Security Considerations in the System Development Life Cycle, at a minimum, for system development and provide system documentation at designated intervals (specifically, at the expiration of the contract) within the EPLC that require artifact review and approval.
3. Sanitization of Government Files and Information- As part of contract closeout and at expiration of the contract, the Contractor (and/or any subcontractor) shall provide all required documentation in accordance with the NIH Media Sanitization and Disposal Policy to the CO and/or COR to certify that, at the government's direction, all electronic and paper records are appropriately disposed of and all devices and media are sanitized in accordance with NIST SP 800-88, Guidelines for Media Sanitization.
4. Notification- The Contractor (and/or any subcontractor) shall notify the CO and/or COR and system ISSO within fifteen days before an employee stops working under this contract.
5. Contractor Responsibilities Upon Physical Completion of the
Contract- The contractor (and/or any subcontractors) shall return all government information and IT resources (i.e., government information in non-government-owned systems, media, and backup systems) acquired during the term of this contract to the CO and/or COR. Additionally, the Contractor shall provide a certification that all government information has been properly sanitized and purged from Contractor-owned systems, including backup systems and media used during contract performance, in accordance with HHS and/or NIH policies.
6. The Contractor (and/or any subcontractor) shall perform and document the actions identified in the NIH Contractor Employee Separation Checklist https://ocio.nih.gov/aboutus/publicinfosecurity/acquisition/Docume nts/Emp-sep-checklist.pdf when an employee terminates work under this contract within 2 days of the employee's exit from the contract. All documentation shall be made available to the CO and/or COR upon request.
https://www.hhs.gov/ocio/ea/documents/proplans.html https://ocio.nih.gov/aboutus/publicinfosecurity/acquisition/Documents/Emp-sep-checklist.pdf https://ocio.nih.gov/aboutus/publicinfosecurity/acquisition/Documents/Emp-sep-checklist.pdf
RFQ No. 75N92020Q0061 Page 14 of 28
H. RECORDS MANAGEMENT AND RETENTION
The Contractor (and/or any subcontractor) shall maintain all information in accordance with Executive Order 13556 -- Controlled Unclassified Information, National Archives and Records Administration (NARA) records retention policies and schedules and HHS/NIH policies and shall not dispose of any records unless authorized by HHS/NIH.
In the event that a contractor (and/or any subcontractor) accidentally disposes of or destroys a record without proper authorization, it shall be documented and reported as an incident in accordance with HHS/NIH policies.
Privacy Act
It has been determined that this contract is subject to the Privacy Act of 1974, because this contract involves access to a system of records on individuals.
The System of Records Notice (SORN) that is applicable to this contract is:
09-25-0099 Clinical Research: Patient Medical Records.
(vi) The provision at FAR clause 52.212-1, Instructions to Offerors – Commercial
Items, applies to this acquisition and is hereby incorporated by reference. All Federal Acquisition Regulation (FAR) clauses may be viewed at https://www.acquisition.gov/browse/index/far .
(vii) The provision at FAR clause 52.212-2, Evaluation – Commercial Items, applies to the acquisition and is hereby incorporated by reference.
Evaluation of Quotations
The technical approach is the most important item in the evaluation of the contractor’s capability to perform the desired services. Therefore, the approach must present sufficient information to reflect a thorough understanding of the work requirements and a detailed technical approach for achieving project objectives as set forth in the tasks listed in the attached SOW.
The award will be made on a competitive best value basis, using the “tradeoff’ approach among price-cost and non-price-cost factors. The Government may elect to award to other than the lowest priced offeror, or other than the highest rated non-price quote. In either case, a tradeoff will be conducted. The government reserves such right of flexibility in conducting the evaluation as necessary to assure an award to the contractor providing the best value to the government.
Evaluation Criteria
The following technical evaluation factors (with their listed relative weights) will be used to assess the technical quote:
https://www.acquisition.gov/browse/index/far
RFQ No. 75N92020Q0061 Page 15 of 28
Personnel (40 Points)
Adequacy of training, expertise, experience and availability of the Project Manager to plan, direct and carry out the three (3) task areas in the SOW.
Experience managing a similar type contract. Adequacy of training, qualifications, experience and availability of proposed personnel to perform all of the work listed in the three (3) task areas of the SOW.
Clearly defined roles and responsibilities of proposed personnel to cover the tasks in the SOW. Familiarity and experience supporting studies and interventional trials involving human genomics and rare genetic diseases, including in pediatric populations, and related to the use of gene therapy (AAV9-related and other) and ethical, legal, and social implications research. Completed training in the following: advanced monitoring classes directed toward successful monitoring in all phases of monitoring, CITI training modules focused on Good Clinical Practices (GCP), Human Subject Protections (HSP), safety assessments and monitoring guidance.
Methods and Procedures (30 points)
Merit of proposed plans, methods, and procedures to carry out all of the tasks in the SOW. Merit of proposed management plans for managing all task areas of the contract. Merit of proposed plans to ensure quality control and quality assurance of interventional, natural history and non-interventional, above minimal risk studies being monitored and analyzed in accordance with regulations by the National Institutes of Health (NIH) and the Food and Drug Administration (FDA), including involving pediatric and rare disease populations involved in interventional, gene therapy, and other studies.
Past Performance/Experience (30 points)
Past performance and experience of the offeror on similar requirements including the offeror’s adherence to schedules and submission of timely deliverables. The offeror’s record of providing high quality of work supporting contracts for similar studies, particularly for studies on rare and genetic conditions. The past performance evaluation may be based on information obtained from references provided by the offeror, other relevant past performance information obtained from other sources known to the Government, and/or any information supplied by the offeror concerning problems encountered on the identified contracts and corrective action taken.
Cost / Price Evaluation
Price-cost will be evaluated separately from other non-price-cost factors, and will be evaluated for fairness and reasonableness. For a price to be reasonable, it must represent a price to the government that a prudent person would pay when
RFQ No. 75N92020Q0061 Page 16 of 28 consideration is given to prices in the market. The total evaluated price will be evaluated for reasonableness in terms of consistency with labor categories; level of effort, in that the proposed labor mix and labor hours are based on reasonable assumptions; and consistency with the technical approach, in that the prices are consistent with and reflect the proposed staffing requirement.
Although technical factors are of paramount consideration in the award, cost/price is also important to the overall contract award decision. All evaluation factors other than cost or price, when combined, are significantly more important than cost or price. The Government intends to make an award to that offeror whose quotation provides the best overall value to the Government.
Small Business Subcontracting Plan
Since the maximum contract value exceeds $700,000 for the entire period of performance, the offeror shall be required to submit an acceptable subcontracting plan in accordance with the terms of the clause entitled "Small Business Subcontracting Plan," FAR Clause No. 52.219-9, incorporated herein by reference in the Solicitation. See Attachment 2 for an example/template of such a plan.
a. THIS PROVISION DOES NOT APPLY TO SMALL BUSINESS
CONCERNS.
b. The term "subcontract" means any agreement (other than one involving an employer-employee relationship) entered into by a Federal Government prime Contractor or subcontractor calling for supplies or services required for the performance of the original contract or subcontract. This includes, but is not limited to, agreements/purchase orders for supplies and services such as equipment purchase, copying services, and travel services.
c. The offeror understands that:
1. No contract will be awarded unless and until an acceptable plan is negotiated with the Contracting Officer and the plan will be incorporated into the contract, as a material part thereof.
2. An acceptable plan must, in the determination of the Contracting Officer, provide the maximum practicable opportunity for Small Businesses, Small Disadvantaged Businesses, Women-Owned Small businesses, HUBZone Small Businesses, Veteran-Owned Small Businesses, and Service Disabled Veteran-Owned Small Businesses to participate in the performance of the contract.
3. If a subcontracting plan acceptable to the Contracting Officer is not negotiated within the time limits prescribed by the contracting activity and such failure arises out of causes within the control and with the fault or negligence of the offeror, the offeror shall be ineligible for an award. The Contracting Officer shall notify the Contractor in writing of the reasons for determining a subcontracting plan unacceptable early enough in the negotiation
RFQ No. 75N92020Q0061 Page 17 of 28 process to allow the Contractor to modify the plan within the time limits prescribed.
4. Prior compliance of the offeror with other such subcontracting plans under previous contracts will be considered by the Contracting Officer in determining the responsibility of the offeror for award of the contract.
5. It is the offeror's responsibility to develop a satisfactory subcontracting plan with respect to Small Business Concerns, Small Disadvantaged Business Concerns, Women-Owned Small Business Concerns, HUBZone Small Business Concerns, Veteran-Owned Small Business Concerns, and Service Disabled Veteran-Owned Small Business Concerns that each such aspect of the offeror's plan will be judged independent of the other.
6. The offeror will submit, as required by the Contracting Officer, subcontracting reports in accordance with the instructions thereon, and as further directed by the Contracting Officer. Subcontractors will also submit these reports to the Government's Contracting Officer or as otherwise directed, with a copy to the prime Contractor's designated small and disadvantaged business liaison.
d. Each plan must contain the following:
1. Goals, expressed in terms of percentages of total planned subcontracting dollars, for the use of Small, Small Disadvantaged, Women-Owned, HUBZone, Veteran-Owned, and Service Disabled Veteran-Owned Small Business Concerns as subcontractors.
2. A statement of total dollars planned to be subcontracted. A statement of total dollars to be subcontracted to each of the following type of small business concerns: Small, Small Disadvantaged, Women-Owned, HUBZone, Veteran-Owned, and Service Disabled Veteran-Owned Small Businesses.
3. A description of the principal types of supplies and services to be subcontracted with an identification of which supplies and services are expected to be subcontracted to Small, Small Disadvantaged, Women-Owned, HUBZone, Veteran-Owned and/or Service Disabled Veteran-Owned Small Business Concerns.
4. A description of the method used to develop the subcontracting goals.
5. A description of the method used to identify potential sources for solicitation purposes.
6. A statement as to whether or not indirect costs were included in establishing subcontracting goals. If they were, a description of the method used to determine the proportionate share of indirect costs to be incurred with Small, Small Disadvantaged, Women- Owned, HUBZone, Veteran-Owned, and Service Disabled Veteran-Owned Small Businesses.
7. The name of the individual employed by the offeror who will administer the offeror's subcontracting program and a description
RFQ No. 75N92020Q0061 Page 18 of 28 of his/her duties.
8. A description of the efforts the offeror will make to assure that
Small, Small Disadvantaged, Women-Owned, HUBZone, Veteran- Owned, and Service Disabled Veteran-Owned Small Businesses have an equitable chance to compete for subcontracts.
9. Assurances that the offeror will include in all subcontracts the contract clause "Utilization of Small Business Concerns." Assure that all subcontractors, other than small businesses, in excess of $700,000 adopt a plan similar to the plan agreed upon by the offeror.
10. Assurances that the offeror (and any required subcontractors) will cooperate in studies or surveys as required and submit required reports (Individual Subcontract Reports (ISRs) and Summary Subcontract Reports (SSRs) to the Government.
11. List the types of records the offeror will maintain to demonstrate procedures that have been adopted to comply with the requirement and goals in the plan, including establishing source lists. Also, the offeror shall describe its efforts to locate Small, Small Disadvantaged, Women-Owned, HUBZone, Veteran- Owned, and Service Disabled Veteran-Owned Small Businesses and award subcontracts to them.
For additional information about each of the above elements required to be contained in the subcontracting plan, see FAR Clause 52.219-9, Small Business Subcontracting Plan, and the Sample Subcontracting Plan which is provided as an attachment to this solicitation.
HHS expects each procuring activity to establish minimum subcontracting goals for all procurements. The anticipated minimum goals for this solicitation are as follows:
33% for Small Business; 5% for Small Disadvantaged Business;
5% for Women-Owned Small Business; 3% for HUBZone Small Business; and 3% for Veteran-Owned Small Business and Service-Disabled Veteran-Owned Small Business.
NOTE: If your proposed contract strategy does not allow you to meet the above goals, please include a detailed justification. A plan should still be submitted even if the goals are lower than those listed above.
(viii) In accordance with FAR clause 52.212-3, Offeror Representations and Certifications – Commercial Items, offerors must complete annual representations and certifications on-line at www.sam.gov . If paragraph (j) of the provision applies, a written submission is required.
http://www.sam.gov/
RFQ No. 75N92020Q0061 Page 19 of 28
(ix) FAR clause 52.212-4, Contract Terms and Conditions – Commercial Items, applies to this acquisition and is hereby incorporated by reference.
Addendum to FAR 52.212-4
(1) Contracting Officer’s Representative (COR)
Name [To be completed in the award document] Telephone:
a. The Contracting Officer's Representative (COR) will represent the Government for the purpose of this contract.
b. The COR is responsible for: (1) monitoring the Contractor's technical progress, including the surveillance and assessment of performance and recommending to the Contracting Officer changes in requirements; (2) interpreting the statement of work and any other technical performance requirements; (3) performing technical evaluation as required; (4) performing technical inspections and acceptances required by this contract; and (5) assisting in the resolution of technical problems encountered during performance.
c. The Contracting Officer is the only person with authority to act as agent of the Government under this contract. Only the Contracting Officer has authority to: (1) direct or negotiate any changes in the statement of work; (2) modify or extend the period of performance;
(3) change the delivery schedule; (4) authorize reimbursement to the Contractor for any costs incurred during the performance of this contract; or (5) otherwise change any terms and conditions of this contract.
d. The Government may unilaterally change the COR designation.
(2) Post Award…
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