Solicitation - 75D30125R00088.pdf

SOLICITATION, OFFER AND AWARD

2. CONTRACT NUMBER

PAGE OF PAGES

1 241

6. REQUISITION/PURCHASE NUMBER

7. ISSUED BY

Centers for Disease Control and Prevention (CDC) Office of Acquisition Services 4770 Buford Highway Atlanta, GA 30341-3717 United States Serina Allingham, Email: xog9@cdc.gov Telephone: 7704484602

CODE

8. ADDRESS OFFER TO (If other than item 7) HCAJEWD - OAS Branch III Centers for Disease Control and Prevention (CDC) Office of Acquisition Services 4770 Buford Highway Atlanta, GA 30341-3717 United States Serina Allingham, Email: xog9@cdc.gov Telephone: 7704484602

HCCP-2025-00502

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

9. Sealed offers in original and 1 copies for furnishings the supplies or services in the Schedule will be received at the place specified in item 8, or if hand carried, in the depository located in until 4:00 PM EST local time 5/5/2025 (Hour) (Date)

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR

INFORMATION

CALL:

A. NAME

Serina Allingham

B. TELEPHONE (NO COLLECT CALLS) C. E-MAIL ADDRESS

xog9@cdc.gov

AREA CODE

NUMBER

4484602

EXTENSION

11. TABLE OF CONTENTS

(X) SEC. DESCRIPTION PAGE(S) (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

A SOLICITATION/CONTRACT FORM 1

I CONTRACT CLAUSES 38-177

B SUPPLIES OR SERVICES AND PRICES/COSTS 3-7 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

C DESCRIPTION/SPECS./WORK STATEMENT 8

J LIST OF ATTACHMENTS 178-18

D PACKAGING AND MARKING 9 PART IV - REPRESENTATIONS AND INSTRUCTIONS

E INSPECTION AND ACCEPTANCE 10

K REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS 185-23

F DELIVERIES OR PERFORMANCE 11

G CONTRACT ADMINISTRATION DATA 12-20

L INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS 237-24

H SPECIAL CONTRACT REQUIREMENTS 21-37

M EVALUATION FACTORS FOR AWARD 241

OFFER (Must be fully completed by offeror)

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

10 CALENDAR DAYS (%) 20 CALENDAR DAYS (%) 30 CALENDAR DAYS (%) CALENDAR DAYS(%)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

AMENDMENT NO. DATE AMENDMENT NO. DATE

15A. NAME AND

ADDRESS

OF OFFER-

OR

CODE FACILITY 16. NAME AND THE TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

15B. TELEPHONE NUMBER 15C. CHECK IF REMITTANCE ADDRESS IS

DIFFERENT FROM ABOVE - ENTER SUCH

ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AREA CODE NUMBER EXTENSION

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL OPEN COMPETITION:

10 U.S.C. 2304 (c) 41 U.S.C. 3304(a) ( )

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

24. ADMINISTERED BY (If other than Item 7) 25. PAYMENT WILL BE MADE BY CODE

26. NAME OF CONTRACTING OFFICER (Type or print) Patrick Winders

27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

28. AWARD DATE

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

HCAJEWD

5. DATE ISSUED 4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

75D30125R00088

3. SOLICITATION NUMBER

RATING

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 7900)

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AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (REV. 6/2014)

Prescribed by GSA - FAR (48 CFR) 53.214 (c)

75D30125R00088

Section A - Solicitation/Contract Form

SECTION A - SUPPLEMENTAL INFORMATION

1. The Centers for Disease Control and Prevention, Office of Acquisition Services hereby issues Solicitation 75D301-25-R-00088 on behalf of the National Institute for Occupational Safety and Health (NIOSH) / World Trade Center Health Program(WTCHP) to procure services to provide a Survivor Clinical Center of Excellence (CCE) for the provision of healthcare services, such as health monitoring, diagnosis, and treatment to current and future eligible Survivors of the September 11, 2001 (9/11) terrorist attacks that reside in the New York Metropolitan Area (NYMA).

2. The WTCHP is authorized by Title I of the James Zadroga 9/11 Health and Compensation Act of 2010 (Zadroga Act) and is a limited health benefit program, meaning that treatment is only available for specific covered health condition(s) for which exposure to airborne toxins, any other hazard, or any other adverse condition resulting from the September 11, 2001, terrorist attacks has been determined to be substantially likely to be a significant factor in aggravating, contributing to, or causing the illness or health condition in an individual member. The Program is administered by the National Institute for Occupational Safety and Health (NIOSH), part of the Centers for Disease Control and Prevention (CDC), a component of HHS, and provides medical monitoring, screening, and treatment for Program members. Members comprise of Responders to the 9/11 terrorist attacks in New York City (NYC), Responders at the Pentagon and near Shanksville, Pennsylvania, and Survivors in the NYC Disaster Area.

This acquisition is specifically for Survivors of the 9/11 terrorist attacks, as defined in the Performance Work Statement, residing in the NYMA. The services required under this procurement include the provision of a Survivor CCE, as defined in the Performance Work Statement.

3. This acquisition is being issued under the authority of Federal Acquisition Regulation (FAR) Part 37, which describes the policy and procedures for procuring services in a performance-based contracting environment. This contract will replace the current Survivor CCE contract.

4. This will be a formal source selection with full and open competition. This solicitation will result in the award of single cost-reimbursable only, no fee/profit -OR- cost-plus-fixed-fee contract. In accordance with (IAW) FAR 52.215-1(f)(6), the Government reserves the right to make multiple contract awards if, after considering the additional administrative costs, it is in the Government's best interest to do so.

5. Pursuant to FAR 9.103, a contract will only be awarded to a contractor the Contracting Officer determines to be responsible. An Offeror must be able to demonstrate that it meets the standards of responsibility as set forth in FAR 9.104. The Government reserves the right to conduct a pre-award survey on any or all Offerors.

6. The Period of Performance (PoP) will be for a base period of 12-months, and four, 12-month option periods as follows:

Base Period: July 1, 2025 to June 30, 2026 Option Period 1: July 1, 2026 to June 30, 2027 Option Period 2: July 1, 2027 to June 30, 2028 Option Period 3: July 1, 2028 to June 30, 2029 Option Period 4: July 1, 2029 to June 30, 2030

Option periods will be exercised independently IAW FAR 52.217-9, Option to Extend the Term of the Contract, if is determined to be in the Government's best interest. The determination to exercise option periods will be made IAW FAR Subpart 17.207, Exercise of Options.

7. FAR 52.217-8, Option to Extend Services, is included in the solicitation and will be incorporated into the contract award. Offerors are advised the total evaluated price for this acquisition will also include the six-month performance period permitted under the clause, to account for a situation where invoking of the clause, in whole or part, becomes necessary. Specifically, the evaluated price of this six-month period will be calculated by taking the monthly price of the last option period and multiplying it by six to establish the estimated price for the six-month option to extend services.

8. Transition-In Period. The base period is inclusive of a transition-in period. A transition period will occur from the award start date and, includes the tailoring, testing and validation of the Contractor's systems and operations to meet Program needs. All required services shall be fully operational to implement Start of Healthcare Delivery (SHCD) within twelve months of the award start date - meaning that the Contractor has the resources, systems, data, and other information necessary to perform the full scope of work detailed in Performance Work Statement (PWS) incorporated into Section C of the solicitation.

Transition period(s) will be finalized after award. Both the incumbent and the successful Offeror, in conjunction with the Government, shall perform transition-related activities in good faith to affect a complete, safe, and secure assumption of responsibilities without operations as required by the PWS. For proposal purposes, transition periods will start on July 1, 2025.

9. Type of Contract. The Government will consider either a Cost-Reimbursable only, no fee/profit -OR- Cost-Plus-Fixed-Fee proposal for line items 0001, 1001, 2001,3001, and 4001. Refer to Section B for additional information.

Proposed travel will be on a cost-reimbursable only (no fee/profit) basis. Refer to Section B for additional information.

10. Service Contract Labor Standards. The solicitation and resultant contract is subject to the Service Contract Labor Standards of the Service Contract Act. The solicitation incorporates FAR 52.222-41, Service Contract Labor Standards, and FAR 52.222-49, Service Contract Labor Standards- Place of Performance Unknown. FAR 52.222-41 will be completed at contract award.

The PWS incorporated via Section C to the solicitation identifies the places of performance. Offerors are responsible for properly identifying whether proposed labor categories are exempt or non-exempt from the Service Contract Act and submitting the most current corresponding Service Act Wage Determination(s). The Wage Determinations shall be included in the Offeror's Business Proposal.

11. Organizational Conflicts of Interest (OCI): The Government reserves the right to reject any offer it considers to represent an OCI. Offers are directed to FAR 9.5 for further information on OCIs for detailed OCI contract restrictions/requirements.

No costs will be paid or reimbursed in conjunction with this solicitation to include any questions and comments solicited, without exception.

All contractual provisions specified are obligatory for the prime contractor. The prime contractor is responsible for enforcing contractual provisions upon any subcontractors/supplies/vendors proposed.

The successful Offeror's proposal in response to this solicitation may be incorporated into the resultant contract in whole or in part at the time of the award. If incorporated, the Offeror's proposal will therefore be a material term of this contract. No revisions/changes to the contractor's proposal may be made after award without prior approval of the Contracting Officer.

12. Proposal Submission Method. Offerors shall submit one (1) electronic copy of their proposal via email to the following POCs. Facsimile proposals are not authorized.

Serina Allingham, Contract Specialist, at xog9@cdc.gov Patrick Winders, Contracting Officer, at vxx6@cdc.gov

13. Proposal Submission Date. Proposals are due to the Government POCs identified in paragraph 12. above on Monday, May 5, 2025 at 4:00 p.m. EST.

14. Solicitation Questions and Answers. There will be a questions and answers phase of the solicitation.

Solicitation questions are due on Friday, April 11, 2025 at 4:00 p.m. EST. Questions shall be submitted via email to the following POCs:

Serina Allingham, Contract Specialist, at xog9@cdc.gov Patrick Winders, Contracting Officer, at vxx6@cdc.gov

Offerors may use ATTJ107 - Question and Answer Template of the solicitation to submit their questions.

15. Offerors are advised that system updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations, including 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation, and paragraph (t) of 52.212-3, Offeror Representations and Certifications-- Commercial Products and Commercial Services. Agencies will not consider or use these representations.

Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

16. The services contemplated under this contract are considered to be an "Other Function" as defined by the Office of Federal Procurement Policy in the OFPP letter 11-01and by HHS in Acquisition Policy Memorandum 2012-01.

17. For questions pertaining to this solicitation please contact Serina Allingham, Contract Specialist at xog9@cdc.gov, or Patrick Winders, Contracting Officer at vxx6@cdc.gov.

END OF SECTION A - SUPPLEMENTAL INFORMATION

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Section B - Supplies or Services and Prices/Cost

Item Supplies/Service Quantity Unit Unit Price Amount

CLIN

Clinical Center of Excellence Operations This line item is for all clinical operations required in the Performance Work Statement. This line item excludes contractor travel. Offerors are permitted to submit a cost-reimbursement only (no fee/profit) OR cost-plus-fixed-fee proposal for this line item.

Severable service line item

CLIN Period of Performance (PoP): July 1, 2025 - June 30, 2026

Performance Based Payment: No

1.0

Years

Travel Contractor proposed travel shall be in accordance with the Federal Travel Regulations, FAR 31.205-46 Travel Costs, and the WTCHP Travel Terms.

The Contractor shall obtain prior approval from the COR for travel. This is a cost-reimbursable only (no fee/profit) line item.

Severable service line item

CLIN PoP: July 1, 2025 - June 30, 2026

Lot

This line item is for all clinical operations required in the Performance Work Statement. This line item excludes contractor travel. Offerors are permitted to submit a cost-reimbursement only (no fee/profit) OR cost-plus-fixed-fee proposal for this line item.

Severable service line item

CLIN PoP: July 1, 2026 - June 30, 2027 in accordance with the Federal Travel Regulations, FAR 31.205-46 Travel Costs, and the WTCHP Travel Terms.

The Contractor shall obtain prior approval from the COR for travel. This is a cost-reimbursable only (no fee/profit) line item.

Severable service line item

CLIN PoP: July 1, 2026 - June 30, 2027

This line item is for all clinical operations required in the Performance Work Statement. This line item excludes contractor travel. Offerors are permitted to submit a cost-reimbursement only (no fee/profit) OR cost-plus-fixed-fee proposal for this line item.

Severable service line item

CLIN PoP: July 1, 2027 - June 30, 2028 in accordance with the Federal Travel Regulations, FAR 31.205-46 Travel Costs, and the WTCHP travel terms. This is a cost-reimbursable only (no fee/profit) line item. The Contractor shall obtain prior approval from the COR for travel.

Severable service line item

CLIN PoP: July 1, 2027 - June 30, 2028

This line item is for all clinical operations required in the Performance Work Statement. This line item excludes contractor travel. Offerors are permitted to submit a cost-reimbursement only (no fee/profit) OR cost-plus-fixed-fee proposal for this line item.

Severable service line item

CLIN PoP: July 1, 2028 - June 30, 2029 in accordance with the Federal Travel Regulations, FAR 31.205-46 Travel Costs, and the WTCHP Travel Terms.

The Contractor shall obtain prior approval from the COR for travel. This is a cost-reimbursable only (no fee/profit) line item.

Severable service line item

CLIN PoP: July 1, 2028 - June 30, 2029

This line item is for all clinical operations required in the Performance Work Statement. This line item excludes contractor travel. Offerors are permitted to submit a cost-reimbursement only (no fee/profit) OR cost-plus-fixed-fee proposal for this line item.

Severable service line item

CLIN PoP: July 1, 2029 - June 30, 2030 in accordance with the Federal Travel Regulations, FAR 31.205-46 Travel Costs, and the WTCHP Travel Terms.

The Contractor shall obtain prior approval from the COR for travel. This is a cost-reimbursable only (no fee/profit) line item.

Severable service line item

CLIN PoP: July 1, 2029 - June 30, 2030

Section C - Description/Specifications/Statement of Work

The Performance Work Statement (PWS) for Solicitation 75D301-25-R-00088 is being provided as an attachment to the solicitation. It is titled, "Section C - Survivor CCE Performance Work Statement_20 March 2025."

Section D - Packaging and Marking

There are no clauses/provisions included in this section.

Section E - Inspection and Acceptance

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.246-5 Inspection of Services-Cost-Reimbursement. Apr 1984

Section F - Deliveries or Performance

Destination

F.1 52.252-2 Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one or moreclauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this /these address(es).

https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/hhsar/part-352-solicitation-provisions-and-contract-clauses

(End of Clause)

52.242-15 Stop-Work Order. Aug 1989 52.242-15 Stop-Work Order. | Alternate I Apr 1984 https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/hhsar/part-352-solicitation-provisions-and-contract-clauses

Section G - Contract Administration Data

For funding information see Section B

Additional Regulation or Supplement Clauses Incorporated by Full Text

CDCG.02 | Contracting Officer's Representative (COR) Jul 2017

Performance of the work hereunder shall be subject to the technical directions of the designated COR for this contract.

As used herein, technical directions are directions to the Contractor which fill in details, suggests possible lines of inquiry, or otherwise completes the general scope of work set forth herein. These technical directions must be within the general scope of work and may not alter the scope of work or cause changes of such a nature as to justify an adjustment in the stated contract price/cost, or any stated limitation thereof.

In the event that the Contractor believes full implementation of any of these directions may exceed the scope of the contract, he or she shall notify the originator of the technical direction and the Contracting Officer, immediately or as soon as possible, in a letter or e-mail separate of any required report(s). No technical direction, nor its fulfillment, shall alter or abrogate the rights and obligations fixed in this contract.

The Government COR is not authorized to change any of the terms and conditions of this contract. Contract changes shall be made only by the Contracting Officer through properly written modification(s) to the contract.

The Government will provide the Contractor with a copy of the COR delegation memorandum upon request.

CDCG.03 | Contracting Officer Jul 1999

(a) The Contracting Officer is the only individual who can legally commit the Government to the expenditure of public funds. No person other than the Contracting Officer can make any changes to the terms, conditions, general provisions, or other stipulations of this contract.

(b) No information, other than that contained in an authorized modification to this contract, duly issued by the Contracting Officer, received from any person employed by the United States Government, or otherwise, shall be considered grounds for deviation from any stipulation of this contract.

CDCG.04 | Contract Communications/Correspondence Jul 1999

The Contractor shall identify all correspondence, reports, and other data pertinent to this contract or order by imprinting thereon the contract (and order number if applicable) from Page 1 of the contract.

(1) Shipping and Payment Terms

(2) Total Amount of Invoice

(3) Name, title and telephone number of person to be notified in the event of a defective invoice

(4) Payment Address, if different from the information above

(5) SAM.gov Unique Entity ID (UEI)

(6) Electronic funds transfer (EFT) banking information

(a) The Contractor shall, in addition to the above requirements, submit a detailed breakout of costs as supporting backup and shall place the following signed Contractor Certification on each invoice/voucher submitted under this contract:

I certify that this voucher reflects (fill in Contractor’s name) request for reimbursement of allowable and allocable costs incurred in specific performance of work authorized under Contract (fill in contract number)/Task (fill-in task order number, if applicable), and that these costs are true and accurate to the best of my knowledge and belief.

(Original Signature of Authorized Official)

Typed Name and Title of Signatory

CDCG.06 | Contractor Billing Instructions for Cost-Type Contracts Mar 2022

The Contractor shall submit a detailed breakout of costs and supporting backup information and shall place the following signed Contractor Certification on each invoice/voucher submitted under this contract:

I certify that this voucher reflects (fill in Contractor’s name) request for reimbursement of allowable and allocable costs incurred in specific performance of work authorized under Contract (fill in contract number)/Task (fill-in task order number, if applicable), and that these costs are true and accurate to the best of my knowledge and belief.

(Original Signature of Authorized Official)

Typed Name and Title of Signatory

Introduction Reimbursement procedures related to negotiated cost-type contracts require that Contractors submit to the Government adequately prepared claims.

The instructions that follow are provided for Contractors’ use in the preparation and submission of invoices or vouchers requesting reimbursement for work performed. The preparation of invoices or vouchers as outlined below will aid in the review and approval of claims and enable prompt payment to the Contractor.

1. Forms to Be Used

In requesting reimbursement, Contractors may use the regular Government voucher form, Standard Form 1034, “Public Voucher for Purchases and Services Other Than Personal,” and Standard Form 1035, “Continuation Sheet,” or the Contractor’s own invoice form. If the Contractor desires to use the Government’s standard forms, a request for the forms should be submitted to the Contracting Officer. If the Contractor uses his own invoice, the billing must conform to the instructions set forth herein.

2. Submission of Invoices or Vouchers Will be conducted in accordance with HHSAR 352.232-71 Electronic Submission of Payment Requests

3. Preparation of Invoices or Vouchers- All invoices or vouchers must include the following information:

a. Summary of All Costs – typically inserted on the Standard Form 1034 A summary of all current costs must be shown. This summary consists of a list identifying the general categories and the amounts incurred during the period covered by the billing, together with the portion of fixed fee (if any) payable for that period. The reimbursable costs incurred and the dates of the period for which the charges are claimed must fall within the period specified in the contract.

b. Details of Costs Claimed – typically inserted on the Standard Form 1035 (continuation sheet) A detailed breakdown must be provided to substantiate the categories shown on the summary of costs. The following describes some of the categories that might appear on your billings:

(1) Direct Labor Direct Labor costs consist of salaries and wages paid for scientific, technical, and other work performed directly for the contract and pursuant to the contract terms. Labor costs, excluding fringe benefits and overtime premium pay, will be billed as follows:

List the titles and amounts for employees whose salaries or wages, or portions thereof, were charged to the contract; show the rate (or hours) worked, and amount for each individual. The cost of direct labor, which is charged directly to the contract, must be supported by time records maintained in the contractor’s office.

(2) Fringe Benefits If it is the Contractor’s established practice to treat fringe benefits as a direct cost, such costs should be billed separately as a single item.

NOTE: Fringe benefits, bonuses, etc., are usually treated as indirect costs for inclusion in the overhead pool; however, they may be treated as direct labor costs or as an “Other Direct Charge” if such treatment is in accordance with the Contractor’s established accounting procedures.

(3) Premium Pay Premium pay is the difference between the rates and amounts paid for overtime or shift work and amount normally paid on a straight time basis.

Generally, such pay is not included in the direct labor base and should not be included in the billing for “direct labor” unless the Contractor has consistently followed this practice in the past as a matter of policy. Premium pay of any kind unless provided for in the contract must be authorized by the Contracting Officer in advance. Billings for unauthorized premium pays have caused frequent delays in payment due to suspensions and exchange of correspondence. Citations of authorization for premium pay will avoid delays in payment. Authorized premium pay may be shown as a single item on the summary of costs. However, it must be separately itemized for each position, or job category, showing the amount, and a citation of the Contracting Officer’s letter of authorization on the continuation sheet of the invoice or voucher.

(4) Materials and Supplies Only those items, which the Contractor normally treats as “direct costs”, should be claimed under this heading. Major classifications of material only should be billed separately under appropriate classification. Items costing less than $25.00 may be listed by category of materials or supplies. Show the description and dollar amount of individual classifications. All such charges must be supported by the Contractor’s office records.

(5) Travel When authorized in the contract as a direct cost, travel costs that are directly related to specific contract performance may be billed as a direct cost.

Travel cost detail should show:

(a) Name of traveler and official title,

(b) Purpose of trip,

(c) Dates of departure and return to starting point (station or airport),

(d) Transportation costs, identified as to rail, air, private automobile (including mileage and rate) and taxi.

(e) If claim for subsistence is on per diem basis, show number of days, rate and amount, as authorized in contract. If claim is based on actual cost of subsistence, show, on a daily basis, the amounts claimed for lodging and meals separately.

(f) Reference to Contracting Officer’s letter of authorization if required by contract.

(6) Consultant Fees

Identify the consultant by name, number of days utilized, and amount of fee.

(7) Equipment Nonexpendable personal property must be specifically approved in writing by the Contracting Officer or authorized by the terms of the contract.

Billing data should include a description of item, make model, quantity, unit cost, total cost, and date approved by the Contracting Officer, if applicable. A copy of the vendor’s bill may be submitted in lieu of the identifying information.

(8) Burden Pending establishment of final contract indirect cost rates for each of the Contractor’s fiscal years, the Contractor will be reimbursed based on its submittal of provisional rates as set forth in the contract. The contract may provide for more than one type indirect cost rate, such as overhead rate, and general and administrative expense rate, in which case the direct cost bases (e.g., direct labor, total direct cost, etc.) will be reasonably and equitably allocated to the appropriate cost pool.

(9) Fixed Fee Ordinarily the fixed fee is stated in the contract as a lump sum and may be billed in the ratio of incurred costs to total estimated cost as set forth in the contract, with the final 15 percent to be billed on the final invoice or voucher. Contract terms govern the method of payments.

c. Cumulative Amount Claimed – typically inserted on Standard Form 1035 (continuation sheet) separate section/page The Contractor must show the cumulative amounts claimed by categories from the contract award date through the date of the current invoice or voucher, as well as the estimated cost to complete per category.

QUICK CHECKLIST FOR INVOICE SUBMISSION:

• Standard Forms 1034 and 1035 recommended. If submitting own forms, statement must conform to billing instructions

• Quarterly billing as a minimum

• Vouchers must be collated

• Detail of Cost Claimed

CDCG.07 | Payment by Electronic Funds Transfer Feb 2018

(a) The Government shall use electronic funds transfer to the maximum extent possible when making payments under this contract. FAR 52.232- 33, Payment by Electronic Funds Transfer –System for Award Management, requires the contractor to designate in writing a financial institution for receipt of electronic funds transfer payments.

(b) In the case that EFT information is not within the System of Award Management, FAR 52.232-34 requires mandatory submission of Contractor’s EFT information directly to the office designated in this contract to receive that information (hereafter: “designated office”); see below. The contractor shall submit the EFT information within the form titled “ACH Vendor/Miscellaneous Payment Enrollment Form” to the address indicated below. Note: The form is either attached to this contract (see Section J, List of Attachments) or may be obtained by contacting the Contracting Officer or the CDC Office of Financial Resources at 678-475-4510.

(c) In cases where the contractor has previously provided such information, i.e., pursuant to a prior contract/order, and been enrolled in the program, the form is not required unless the designated financial institution has changed.

(d) The completed form shall be mailed or sent via facsimile after award, but no later than 14 calendar days before an invoice is submitted, to the following address:

The Centers for Disease Control and Prevention Office of Financial Resources (OFR) P.O. Box 15580 Atlanta, GA 30333 Or – Fax copy to: 404-638-5342

CDCG.08 | Applicable Service Contract Labor Standards Wages Jul 2017

The referenced Wage Determination, No. , dated , specifies hourly rates of wages and fringe benefits that shall be paid to covered employees performing work required under this contract. These rates have been determined by the Secretary of Labor in accordance with the provisions of the Service Contract Labor Standards statute. (See FAR 52.222-41, incorporated by reference in Section I.)

CDCG.12 | Billing Rates May 2015

TYPE EFFECTIVE PERIOD (FROM - TO) RATE LOCATION APPLICABLE TO BASE

(a) As defined in FAR Subpart 42.7, Billing Rate is an indirect cost rate established temporarily for interim reimbursement of incurred indirect costs. Billing rates may be adjusted as necessary pending establishment of final indirect rates.

(b) Notwithstanding the provisions of the clause entitled Allowable Cost and Payment (FAR 52.216-7), allowable indirect costs under this contract shall be determined by applying the following provisional billing rates to the bases specified below:

Bases: (1)

(c) The above rates are provisional billing rates only and shall apply from the date of award until such time as the rates are revised by modification.

Any modification to change the above rates will also state the effective period covered by the revised rates.

(d) Billing rates may be prospectively or retroactively revised by mutual agreement of the Contracting Officer and the contractor at either party’s request. When agreement cannot be reached, the billing rates may be unilaterally determined by the Contracting Officer as set forth in FAR 42.704.

(e) Final indirect rates shall be established in accordance with FAR Clause 52.216-7, Allowable Cost and Payment. As required by that clause, the contractor shall submit an adequate final indirect cost rate proposal to the Contracting Officer and auditor within the 6 month period following the expiration of each of its fiscal years. Upon receipt of the final indirect cost rate proposal and pending the establishment of final indirect cost rates, the contractor and the Government may mutually agree to revise the provisional billing rates to reflect the proposed indirect cost rates until the proposal has been audited and settled.

Section H - Special Contract Requirements Additional Regulation or Supplement Clauses Incorporated by Full Text

CDCH.02 | Identification of Data May 1998

The Contractor shall identify the technical data delivered to the Government as required by this contract with the number of the contract and the name and address of the Contractor or subcontractor that generated the data..

CDCH.03 | Data Subject to Privacy Act Jul 2017

(a) Notification is hereby given that the Contractor and its employees are subject to criminal penalties for violation of the Privacy Act to the same extent as employees of the Government. The Contractor shall ensure that each of its employees knows the prescribed rules of conduct and that each is aware that he or she can be subjected to criminal penalty for violation of the Act.

(b) In accordance with HHSAR Clause 352.224-70, Privacy Act, which has been incorporated into this contract, certain data provided to the Contractor under this contract shall be treated confidentially. The type(s) of data subject to this clause are as follows:

(c) Following are the requirements for handling this data and the disposition to be made of this data upon completion of contract performance:

(d) The Contracting Officer’s Representative (COR) is hereby designated as the official who is responsible for monitoring contractor compliance with the Privacy Act.: .

CDCH.04 | Key Personnel Jan 2021

Personnel Title

Administrator

Clinical Director

Mental Health Director

The key personnel cited below are considered essential to the work performed under the contract. Pursuant to the terms of HHSAR Clause 352.237- 75, Key Personnel, the Contractor shall not replace or divert any of these individuals without the written consent of the Contracting Officer.

Skills and Experience Requirements for Key Personnel

Administrator:

• Responsible for overall contract management

Clinical Director:

• Responsible for clinical and administrative oversight for all monitoring, diagnostics, screening and treatment services (including medications) and their adherence to medical policy, monitoring protocols, and medical necessity of rendered treatment; responsible for providing recommendations for the WTC Health Program and member population based on clinical expertise

Mental Health Director:

• Responsible for clinical and administrative oversight for adherence to monitoring protocols and medical necessity for all rendered mental health diagnostic and treatment services; responsible for providing recommendations for the WTC Health Program and member population based on clinical expertise

The above three roles are the only Key Personnel under the contract. Each role must be filled by a separate person.

CDCH.05 | Prohibition of Food, Meals and Light Refreshments Jun 2012

The inclusion of food, meals, beverages or light refreshments is expressly prohibited in the performance of this contract and is considered an unallowable contract expense. This prohibition on the inclusion of food shall be flowed down and included in all subcontracts, purchase orders, and agreements issued in the performance of this contract. Food and meals may not be accepted and shall not be provided even if offered at no additional cost to CDC.

CDCH.08 | Smoke Free Working Environment May 2009

In compliance with Department of Health and Human Services (DHHS) regulations, all contractor personnel performing work within CDC/ATSDR facilities shall observe the CDC/ATSDR smoke-free working environment policy at all times. This policy prohibits smoking in all CDC/ATSDR buildings and in front of buildings which are open to the public. This policy is also applicable to contractor personnel who do not work full-time within CDC/ATSDR facilities, but are attending meetings within CDC/ATSDR facilities.

CDCH.11 | Retention of Contractor Accounting Records May 2020

The contractor shall retain for a period of not less than ten (10) years after final payment under this contract, those pertinent accounting records and supporting documentation related to ATSDR cost recovery Superfund records, in accordance with the EPA Superfund Financial Management and Record Keeping, Guidance for Federal Agencies, dated January 1989. The contractor agrees to maintain an accounting system that will keep accurate, complete, and current accounting of all financial transactions on a site specific basis under the contract. The contractor shall obtain written authorization from the Contracting Officer prior to the disposal of such records.

The contractor agrees to include these terms in all subcontracts awarded under this contract.

CDCH.13 | Government Property Jul 2017

(a) Government-Furnished Property (GFP). In accordance with the terms of FAR 52.245-1, Government Property, the Government reserves the right to supply the Contractor, as Government-furnished property, any additional supplies, equipment, and materials determined by the Contracting Officer to be necessary and in the best interest of the Government.

(b) Contractor-Acquired Property (CAP). The Contractor must receive written consent from the Contracting Officer prior to purchase of any CAP not expressly identified in the contract, and as defined in FAR 52.245-1.

(c) Accountable and Sensitive Government Property. The Government will provide property labels and other identification for contractor-acquired Government property that is considered Accountable as defined in the HHS Logistics Management Manual (LMM) or considered Sensitive as defined in CDC's Sensitive Items List (http://intranet.cdc.gov/ofr/documents/contracts/Authorized-Prohibited-List.pdf)

(d) The contractor shall be responsible for the control and accountable record keeping of any Government property used in the performance of this contract predominately outside the confines of a Government controlled workspace in accordance with the HHS Contracting Guide found on the OSSAM Government Property and Contractors Property intranet page.

(e) The Chief of the Office of Safety, Security and Asset Management (OSSAM), Asset Management Services Office, Centers for Disease Control and Prevention (CDC), is hereby designated as the Property Administrator for this contract. The Contractor shall identify each item of equipment https://intranet.hhs.gov/manual/logistics-management/introduction http://intranet.cdc.gov/ofr/documents/contracts/Authorized-Prohibited-List.pdf) https://intranet.cdc.gov/ossam/property-shipping-receiving/property-management/government-property-contractors/index.html furnished by the Government to the Contractor or acquired by the Contractor using contract funds, with a suitable decal, tag, or other marking, as prescribed by the Property Administrator, and shall follow the guidance set forth in the HHS Contracting Guide.

CDCH.14 | 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

1. Contractor shall comply with all applicable records management 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.

CDCH.16 | 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

Centers for Disease Control and Prevention (CDC)Contractor Non-Disclosure Agreement

I. Non-public Information understands that in order to fulfill the responsibilities pursuant to between the Centers for Disease Control and Prevention and dated , employees of will have access to non-public information, including confidential and privileged information contained in government-owned information technology systems. For purposes of this agreement, confidential information means government information that is not or will not be generally available to the public. Privileged information means information which cannot be disclosed without the prior written consent of the CDC.

In order to properly safeguard non-public information, agrees to ensure that prior to being granted access to government information or the commencement of work for the CDC, whichever is applicable, all contractor employees will sign a Non-Disclosure Agreement (NDA) provided by the CDC prior to beginning work for the CDC. Contractor agrees to submit to the Contracting Officer the original signed copies of NDAs signed by the contractor’s employees in accordance with the instructions provided by the Contracting Officer.