SOLICITATION, OFFER AND AWARD 1. THIS CONTRACT IS A RATED ORDER
UNDER DPAS (15 CFR 700) RATING
PAGE OF
1 62
2. CONTRACT NO.
200-2014-58660
3. SOLICITATION NO.
2014-N-16447
4. TYPE OF SOLICITATION
SEALED BID (IFB)
X NEGOTIATED (RFP)
5. DATE ISSUED
6. REQUISITION/PURCHASE NO.
000HCPCG-2014-69290
7. ISSUED BY CODE 8219
8. ADDRESS OFFER TO (If other than Item 7)
Centers for Disease Control and Prevention (CDC)
Procurement and Grants Office (PGO)
2920 Brandywine Road
Atlanta, GA 30341-5539
Approved as to Form and Legality: _____________________________
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder."
SOLICITATION
9. Sealed offers in original and 3 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if
handcarried, in the depository located in 2920 Brandywine Rd., Atlanta, GA 30341-5539 until 3:00pm local time 7/7/2014
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
Juanita A. Waters
B. TELEPHONE (NO COLLECT CALLS)
AREA CODE NUMBER: EXT:
770-488-2933 C. E-MAIL ADDRESS
[email protected]
11. TABLE OF CONTENTS
(x)
DESCRIPTION (x) DESCRIPTION
PART I - THE SCHEDULE PART II - CONTRACT CLAUSES
X
A SOLICITATION/CONTRACT FORM 1
X
I CONTRACT CLAUSES 32
X
B SUPPLIES OR SERVICES AND PRICES/COSTS 2
PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.
X
C DESCRIPTION/SPECS./WORK STATEMENT 13 X
J LIST OF ATTACHMENTS 43
X
D PACKAGING AND MARKING 17 PART IV - REPRESENTATIONS AND INSTRUCTIONS
X
E INSPECTION AND ACCEPTANCE 17 REPRESENTATIONS, CERTIFICATIONS, AND
X
F DELIVERIES OR PERFORMANCE 18 X
K OTHER STATEMENTS OF OFFERORS 53
X
G CONTRACT ADMINISTRATION DATA 19 X
L INSTRS., CONDS., AND NOTICES TO OFFERORS 54
X
H SPECIAL CONTRACT REQUIREMENTS 23 X
M EVALUATION FACTORS FOR AWARD 60
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
price 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
%
%
AMENDMENT NO. DATE AMENDMENT NO. DATE
CODE
FACILITY
16. NAME AND ADDRESS OF PERSON AUTHORIZED TO SIGN OFFER
15B. TELEPHONE NO.
AREA CODE NUMBER EXT.
15C. CHECK IF REMITTANCE ADDRESS
IS DIFFERENT FROM ABOVE - ENTER
SUCH ADDRESS IN SCHEDULE. 17. SIGNATURE
18. OFFER DATE
AWARD (To be completed by Government)
19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT
22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION: 21. ACCOUNTING AND APPROPRIATION
10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( )
23. SUBMIT INVOICES TO ADDRESS SHOWN IN
(4 copies unless otherwise specified) ITEM
24. ADMINISTERED BY (If other than Item 7) CODE 8219
25. PAYMENT WILL BE MADE BY CODE 434
Centers for Disease Control and Prevention (CDC)
Procurement and Grants Office (PGO)
2920 Brandywine Road
Atlanta, GA 30341-5539
Centers for Disease Control and Prevention (FMO)
PO Box 15580 404-718-8100
Atlanta, GA 30333-0080
26. NAME OF CONTRACTING OFFICER (Type or print)
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.
AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 33 (REV. 9-97)
PREVIOUS EDITION IS UNUSABLE Prescribed by GSA
FAR (48 CFR) 53.214©
Section B - Supplies Or Services And Prices/Costs
Line Items 0001 thru 0006 shall be performed in accordance with the Performance Based Work State (PBWS) in Section C:
Base Year
ITEM SUPPLIES/SERVICES QTY/UNIT UNIT PRICE EXTENDED PRICE
0001 01
Shipping and Receipt of up to Sixteen (16) NHANES Freezers and the Specimens contained therein to be re-inventoried and if necessary, consolidated.
(Shipping and Receipt of up to 16 Freezer Units will be funded upon award. If additional units are required above the existing 16 units, the additional units will be procured by, and delivered, to the storage facility by the Government.)
(This is IDIQ contract; Funded Task Order will be issued.)
This is a FFP Line Item
This Line Item is Severable
(POP: 9/15/2014-9/14/2015
16/Each
$
$
Appropriation Data: TBD
0001-02
Monitor and Maintain Storage Facility for Specimens contained in these Sixteen (16) NHANES Freezers in accordance with the PBWS.
(16 Freezer Units will be funded upon award. If additional units are required above the existing 16 units, the additional units will be added and the maintenance costs for those units will be funded at the Unit Price Quoted in the resulting contract.)
(This line item will be funded on as needed basis if required by the Government. This is IDIQ contract; Funded Task Orders will be issued.)
This is a FFP Line Item
This Line Item is Severable
(POP: 09/15/2014-09/14/2015)
16/Each
$
$
Appropriation Data: TBD
0001-03
Receive and Inventory NHANES Surplus Specimens Shipments in accordance with the PBWS.
(If additional shipments are required above 20, the shipments will be funded at the Unit Price Quoted in the resulting contract.)
(This line item will be funded on as needed basis if required by the Government. This is IDIQ contract; Funded Task Orders will be issued as needed.)
This is a FFP Line Item
This Line Item is non Severable
(POP: 09/15/2014-09/14/2015) 20/EA
$
$
Appropriation Data: TBD
0001-04
Specimen Retrieval and Shipment Services on an as Needed Basis in accordance with the
PBWS.
(This line item will be funded on as needed basis if required by the Government. This is an IDIQ contract; Funded Task Orders will be issued as needed.)
tiny_mce_marker. /specimen 1 to 999
tiny_mce_marker. /specimen 1,000 to 4,999
tiny_mce_marker. /specimen 5,000 to 9,999
tiny_mce_marker. /specimen 10,000 plus
(This line item will be funded on as needed basis if required by the Government. This is an IDIQ contract; Funded Task Orders will be issued as needed.)
This is a FFP Line Item
This Line Item is non Severable
(POP: 09/15/2014-09/14/2015)
1/Lot
1/Lot
1/Lot
1/Lot
$
$
$
$
$
$
$
$
Appropriation Data: TBD
0001-05
Consolidation, Quarantining, and/or Disposal of Specimens on an as Needed Basis in accordance with the PBWS.
1-500 samples
500-1000 samples
1000-5000 samples
5000 and above samples
(This line item will be funded on an as needed basis if required by the Government. (This is IDIQ contract; Funded Task Orders will be issued as needed.)
This is a FFP Line Item
This Line Item is Severable
(POP: 09/15/2014-09/14/2015)
1/Job
1/Job
1/Job
1/Job
$
$
$
$
$
$
$
$
Appropriation Data: TBD
$
0001-06 Freezer Decontamination Services on as Needed Basis in accordance with the PBWS.
(This line item will be funded on an as needed basis if required by the Government. This is IDIQ contract; Funded Task Orders will be issued as needed.)
This is a FFP Line Item
This Line Item is Severable
(POP: 09/15/2014-09/14/2015) 1/Job $ $
Appropriation Data: TBD
Year 2
0002-01
Monitor and Maintain Storage Facility for Specimens contained in these Sixteen (16) NHANES Freezers in accordance with the PBWS.
(16 Freezer Units will be funded upon award. If additional units are required above the existing 16 units, the additional units will be added and the maintenance costs for those units will be funded at the Unit Price Quoted in the resulting contract.)
(This is IDIQ contract; Funded Task Orders will be issued.)
This is a FFP Line Item
This Line Item is Severable
(POP: 09/15/2015-09/14/2016) 16/Each
$
$
Appropriation Data: TBD
0002-02
Receive and Inventory NHANES Surplus Specimens Shipments in accordance with the PBWS.
(If additional shipments are required above 20, the shipments will be funded at the Unit Price Quoted in the resulting contract.)
(This line item will be funded on an as needed basis if required by the Government. This is IDIQ contract; Funded Task Orders will be issued as needed.)
This is a FFP Line Item
This Line Item is Severable (POP: 09/15/2015-09/14/2016) 20/Each
$
$
Appropriation Data: TBD
0002-03
Specimen Retrieval and Shipment Services on an as Needed Basis
(This line item will be funded on as needed basis if required by the Government. This is IDIQ contract; Funded Task Orders will be issued as needed.)
tiny_mce_marker. /specimen 1 to 999
tiny_mce_marker. /specimen 1,000 to 4,999
tiny_mce_marker. /specimen 5,000 to 9,999
tiny_mce_marker. /specimen 10,000 plus
This is a FFP Line Item
This Line Item is Severable
(POP: 09/15/2015-09/14/2016)
1/Lot
1/Lot
l/Lot
1/Lot
$
$
$
$
$
$
$
$
Appropriation Data: TBD
0002-04
Consolidation, Quarantining, and/or Disposal of Specimens on an as Needed Basis.
1-500 samples
500-1000 samples
1000-5000 samples
5000 and above samples
(This line item will be funded on as needed basis if required by the Government. This is IDIQ contract; Funded Task Orders will be issued as needed.)
This is a FFP Line Item
This Line Item is Severable
(POP: 09/15/2015-09/14/2016)
1/Job
1/Job
1/Job
1/Job
$
$
$
$
$
$
$
$
Appropriation Data: TBD
0002-05 Freezer Decontamination Services on as Needed Basis.
(This line item will be funded on an as needed basis if required by the Government. This is IDIQ Contract; Funded Task Orders will be issued as needed.)
This is a FFP Line Item
This Line Item is Severable
(POP: 09/15/2015-09/14/2016) 1/Job $
Appropriation Data: TBD
Year 3
0003-01
Monitor and Maintain Storage Facility for Specimens contained in these Sixteen (16) NHANES Freezers in accordance with the PBWS.
(16 Freezer Units will be funded upon award. If additional units are required above the existing 16 units, the additional units will be added and the maintenance costs for those units will be funded at the Unit Price Quoted in the resulting contract.)
(This is IDIQ Contract; Funded Task Orders will be issued as needed.)
This is a FFP Line Item
This Line Item is Severable
(POP: 09/15/2016-09/14/2017)
16/Each
$
$
Appropriation Data: TBD
0003-02
Receive and Inventory NHANES Surplus Specimens Shipments in accordance with the PBWS.
(If additional shipments are required above 20, the shipments will be funded at the Unit Price Quoted in the resulting contract.)
(This line item will be funded on an as needed basis if required by the Government This is IDIQ Contract; Funded Task Orders will be issued as needed.)
This is a FFP Line Item
This Line Item is Severable
(POP: 09/15/2016-09/14/2017) 20/EA
$
$
Appropriation Data: TBD
0003-03
Specimen Retrieval and Shipment Services on an as Needed Basis
tiny_mce_marker. /specimen 1 to 999
tiny_mce_marker. /specimen 1,000 to 4,999
tiny_mce_marker. /specimen 5,000 to 9,999
tiny_mce_marker. /specimen 10,000 plus
(This line item will be funded on as needed basis if required by the Government. This is IDIQ Contract; Funded Task Orders will be issued as needed.)
This is a FFP Line Item
This Line Item is Severable
(POP: 09/15/2016-09/14/2017)
1/Lot
1 Lot
1 Lot
1 Lot
$
$
$
$
$
$
$
$
Appropriation Data: TBD
0003-04
Consolidation, Quarantining, and/or Disposal of Specimens on an as Needed Basis.
1-500 samples
500-1000 samples
1000-5000 samples
5000 and above samples
(This line item will be funded on as needed basis if required by the Government. This is IDIQ Contract; Funded Task Orders will be issued as needed.)
This is a FFP Line Item
This Line Item is Severable
(POP: 09/15/2016-09/14/2017)
1/Job
1/Job
1/Job
1/Job
$
$
$
$
$
$
$
$
Appropriation Data: TBD
0003-05 Freezer Decontamination Services on as Needed Basis.
(This line item will be funded on as needed basis if required by the Government. . This is IDIQ Contract; Funded Task Orders will be issued as needed.)
This is a FFP Line Item
This Line Item is Severable
(POP: 09/15/2016-09/14/2017) 1/Job $
Appropriation Data: TBD
Year 4
0004-01
Monitor and Maintain Storage Facility for Specimens contained in these Sixteen (16) NHANES Freezers in accordance with the PBWS.
(16 Freezer Units will be funded upon award. If additional units are required above the existing 16 units, the additional units will be added and the maintenance costs for those units will be funded at the Unit Price Quoted in the resulting contract.)
((This line item will be funded on as needed basis if required by the Government. This is IDIQ Contract; Funded Task Orders will be issued as needed.)
This is a FFP Line Item
This Line Item is Severable
(POP: 09/15/2017-09/14/2018) 16/Each
$
$
Appropriation Data: TBD
0004-02
Receive and Inventory NHANES Surplus Specimens Shipments in accordance with the PBWS.
(If additional shipments are required above 20, the shipments will be funded at the Unit Price Quoted in the resulting contract.)
(This line item will be funded on as needed basis if required by the Government. . This is IDIQ Contract; Funded Task Orders will be issued as needed.)
This is a FFP Line Item
This Line Item is Severable
(POP: 09/15/2017-09/14/2018) 20/Each
$
$
Appropriation Data: TBD
0004-03
Specimen Retrieval and Shipment Services on an as Needed Basis
(This line item will be funded on as needed basis if required by the Government. This is IDIQ Contract; Funded Task Orders will be issued as needed.)
tiny_mce_marker. /specimen 1 to 999
tiny_mce_marker. /specimen 1,000 to 4,999
tiny_mce_marker. /specimen 5,000 to 9,999
tiny_mce_marker. /specimen 10,000 plus
This is a FFP Line Item
This Line Item is Severable
(POP: 09/15/2017-09/14/2018)
1/Lot
1/Lot
1/Lot
1/Lot
$
$
$
$
$
$
$
$
Appropriation Data: TBD
0004-04
Consolidation, Quarantining, and/or Disposal of Specimens on an as Needed Basis.
1-500 samples
500-1000 samples
1000-5000 samples
5000 and above samples
(This line item will be funded on as needed basis if required by the Government. This is IDIQ Contract; Funded Task Orders will be issued as needed.)
This is a FFP Line Item
This Line Item is Severable
(POP: 09/15/2017-09/14/2018)
1/Job
1/Job
1/Job
1/Job
$
$
$
$
$
$
$
$
Appropriation Data: TBD
0004-05 Freezer Decontamination Services on as Needed Basis.
(This line item will be funded on as needed basis if required by the Government. This is IDIQ Contract; Funded Task Orders will be issued as needed.)
This is a FFP Line Item
This Line Item is Severable
(POP: 09/15/2017-09/14/2018) 1/Job $ $
Appropriation Data: TBD
Year 5
0005-01
Monitor and Maintain Storage Facility for Specimens contained in these Sixteen (16) NHANES Freezers in accordance with the PBWS.
(16 Freezer Units will be funded upon award. If additional units are required above the existing 16 units, the additional units will be added and the maintenance costs for those units will be funded at the Unit Price Quoted in the resulting contract.)
(This line item will be funded on as needed basis if required by the Government. This is IDIQ Contract; Funded Task Orders will be issued as needed.)
This is a FFP Line Item
This Line Item is Severable
(POP: 09/15/2018-09/14/2019) 16/Each
$
$
Appropriation Data: TBD
0005-02
Receive and Inventory NHANES Surplus Specimens Shipments in accordance with the PBWS.
(If additional shipments are required above 20, the shipments will be funded at the Unit Price Quoted in the resulting contract.)
Receive and Inventory NHANES Surplus Specimens
(This line item will be funded on as needed basis if required by the Government. This is IDIQ Contract; Funded Task Orders will be issued as needed.)
This is a FFP Line Item
This Line Item is Severable
(POP: 09/15/2018-09/14/2019) 20/Each
$
$
Appropriation Data: TBD
0005-03
Specimen Retrieval and Shipment Services on an as Needed Basis
tiny_mce_marker. /specimen 1 to 999
tiny_mce_marker. /specimen 1,000 to 4,999
tiny_mce_marker. /specimen 5,000 to 9,999
tiny_mce_marker. /specimen 10,000 plus
(This line item will be funded on as needed basis if required by the Government. This is IDIQ Contract; Funded Task Orders will be issued as needed.)
This is a FFP Line Item
This Line Item is Severable
(POP: 09/15/2018-09/14/2019)
1/Lot
1 Lot
1 Lot
1 Lot
$
$
$
$
$
$
$
$
Appropriation Data: TBD
0005-04
Consolidation, Quarantining, and/or Disposal of Specimens on an as Needed Basis.
(This line item will be funded on as needed basis if required by the Government. This is IDIQ Contract; Funded Task Orders will be issued as needed.)
1-500 samples
500-1000 samples
1000-5000 samples
5000 and above samples
This is a FFP Line Item
This Line Item is Severable
(POP: 09/15/2018-09/14/2019)
1/Job
1/Job
1/Job
1 Job
$
$
$
$
$
$
$
$
Appropriation Data: TBD
0005-05 Freezer Decontamination Services on as Needed Basis.
(This line item will be funded on as needed basis if required by the Government. This is IDIQ Contract; Funded Task Orders will be issued as needed.)
This is a FFP Line Item
This Line Item is non Severable
(POP: 09/15/2018-09/14/2019) 1/Job $ $
Appropriation Data: TBD
B.1 Purpose
The purpose of the contract is to provide services that fall within the scope of the work specified in Section C to Monitor and Maintain Storage Facility for the NHANES surplus Biologic Specimens to be used for research purposes. The contract will be administered by the Centers for Disease Control and Prevention (CDC), National Center for Health Statistics. The Contraction Officer (CO) will request the work through the issuance of task orders during the ordering period as specified in Section F of the contract.
B.2 Contract Type and Services
This is a competitive procurement. This acquisition is being competed in accordance with FAR Part 19 - Small Business Programs (19.502).
This is an Indefinite Delivery/Indefinite Quantity contract (IDIQ) utilizing individual task orders to provide technical assistance serve ices. As defined in FAR Part 16, Type of Contracts, the Government will issue task orders that are Firm-Fixed Price (FFP).
Obligation of funds will be done by the issuance of individual task orders by the Contracting Officer in accordance with the FAR Clause 52.216-22 titled "Indefinite Quantity" in Section I and FAR Clause 52.216-18 titled "Ordering" in Section I. The Contractor shall not exceed the amount negotiated for each individual task order without prior written approval of the Contracting Officer.
In addition, the Contractor shall not commence work until a task order or other written notification for a specific assignment is issued by the Contracting Officer. Task Orders will be issue with specific performance period. Only a CDC Contracting Officer is authorized to issue a task request to the Contractor or issue finalized task orders under this contract.
The Government is not obligated to reimburse the Contractor for costs incurred before issuance of a task order or other written notification by the Contracting Officer.
B.4 Minimum Obligated Amount
CDC/NCHS is required to order and the Contractor is required to furnish one order to Receive and Inventory NHANES Surplus Specimens Shipment in the amount of $1,400.00 and one order for Specimen Retrieval in the amount of $75.00 to cover the minimum order guarantee. The funds stated for this minimum amount will be obligated on the first task order issued under the contract once award is made.
B.5 Maximum Contract Ceiling
The ceiling price for this IDIQ contract (i.e. cumulative value of all task orders) is ($TBD when contract award is made.)
B.6 Task Order Pricing
Task Orders will be issued on a Firm Fixed Price basis in accordance with the pricing indicated in Section B. After acceptance of a fixed price task order by the Contractor, the task order price will only be adjusted to reflect changes in scope or conditions.
SECTION B NOTE, (APPLICABLE TO LINE ITEMS 0004 FOR YEAR 0001 and LINE ITEMS 0003 for YEAR 2 THRU YEAR 0005. The amount indicated below for unit and shipping costs are for information purposes only and should be proposed by the prospective vendor as appropriate. )
Contractor shall provide specimen retrieval and shipping services to research laboratories on an "as needed basis".
Unit Costs for Specimen Retrieval and Shipping:
tiny_mce_marker.51/specimen 1 to 999
tiny_mce_marker.39/specimen 1,000 to 4,999
tiny_mce_marker.30/specimen 5,000 to 9,999
tiny_mce_marker.23/specimen 10,000 plus
Shipping - **$377.50 for non-infectious domestic FEDEX next day delivery. Specimens must be packed in dry ice. **Assuming 2,000 vials in validated shippers.
Section C - Description/Specification/Work Statement
I. BACKGROUND
The National Health and Nutrition Examination Survey (NHANES) is a program of studies designed to assess the health and nutritional status of adults and children in the United States. The survey is unique in that it combines reviews and physical examinations. NHANES is a major program of the National Center for Health Statistics (NCHS). NCHS is a part of the Department of Health and Human Services (DHHS) and has the responsibility for producing vital and health statistics for the Nation. NHANES is overseen by the Division of Health and Nutrition Examination Surveys (DHNES).
As part of the NHANES physical exams, blood, and urine are collected from participating sample persons. More specimen volume is collected than is usually required for the biochemical tests due to the possibility that blood and urine tests may need to be repeated (e.g. confirmation of out-of-range value). As most tests do not require repeating, a large number of surplus biologic specimens remain. These surplus samples represent a valuable national sample of serum, plasma, and urine that is stored properly, can be made available for research. In fact, with the specimens currently stored over 100 research projects have been conducted.
II. PURPOSE
The purpose of this performance-based work statement (PBWS) is to obtain a specimen repository for the NHANES biologic specimens capable of sample shipment and receipt, inventory and tracking, and maintenance of freezers. The contractor will arrange for the shipment and receipt of up to sixteen NHANES freezers and samples contained therein from the current repository and will also receive specimens from the current NHANES survey on a flow basis.
III. JUSTIFICATION
NHANES surplus sera, plasma, and urine are the only nationally representative collection of stored specimens on the U.S. population. Consequently, analysis on NHANES surplus sera allows for the possibility of generalizations of analytic conclusions to the national level. Surplus sera, plasma, and urine samples require freezing to be available for future use. This contract seeks to procure the required specimen storage services.
IV. SCOPE OF WORK
The contractor shall perform all work necessary to receive, store, retrieve, ship, and inventory NHANES surplus biologic specimens in a manner that preserves their research value and allows the surplus biologic specimens to be used for research purposes. There are currently around 300,000 specimens in fourteen (16) freezers. The contractor shall also maintain the freezers, including decontamination of freezers for surplusing when directed.
Performance-based Matrix - Performance-based Matrix to QASP/Specimen Repository to Store Biologic Samples
Desired End Result Feature(s) of end result to be surveilled (Indicator). The required performance level for each feature (Standard). Quality Assurance
Incentives/Payment-Quality Link
Shipping and receipt of up to sixteen (16) mechanical freezers containing biological specimens
Delivery of initial inventory file and operations manual
Quarterly sample inventory files
Yearly report including sample inventory, sample receipt, sample shipment, and freezer usage (e.g. number of freezers operating, surpluses, etc.)
Freezers are fully functioning on an alarm system.
Completed file
Accuracy & Timeliness
Accuracy & Timeliness
Running within Project-Officer approved operational settings in a secured environment.
Operation manual is due 1 month after the start of the project and inventory is due
6 months after delivery of specimens
By March 1, June 1, September 1, and December 1 of each year
By March 1 of each year
.
Continuous electronic system monitoring with notification capability, e.g. alarm.
Surveillance system will be primarily NCHS observations.
1. Positive incentives:
a. Payment of contract labor rate for satisfactory service.
b. Contractor performance evaluated using the automated Contractor Performance Assessment Reporting System (CPARS). The evaluation will be considered when future AGENCY contract selections are made.
2. Payment is linked to quality through FAR 52.246-4 Inspection of Services-Fixed-Price.
As prescribed in 46.304, insert the following clause:
Inspection of Services-Fixed-Price (Aug 1996)
(a) Definition. "Services," as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.
(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.
(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.
(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.
(e) If any of the services do not conform to contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may-
(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and
(2) Reduce the contract price to reflect the reduced value of the services performed.
(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may-
(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or
(2) Terminate the contract for default.
(End of clause)
V. WORK BREAKDOWN STRUCTURE
NHANES Specimen Bank
Shipping and receipt of up to sixteen (16 NHANES Freezers
Monitor and Maintain storage facility of specimens.
Receive and Inventory NHANES surplus specimens.
Specimen Retrieval Services on an "as needed basis".
Consolidation, quarantining, and/or disposal of specimens on an "as needed basis" IAW the Performance Work Statement(PBWS).
Freezer Decontamination Services on an "as needed basis"
There are six tasks in the base year:
CLIN 0001: Arrange for shipping and receipt of up to sixteen (16) NHANES freezers and the specimens contained therein to be re-inventoried and consolidated.
CLIN 0002: Monitor and maintain storage facility of specimens IAW the Performance Work Statement (PBWS).
CLIN 0003: Receive and inventory NHANES surplus specimens IAW the Performance Work Statement (PBWS). Inventory shall be recorded on all receipts of all specimens.
CLIN 0004: Specimen Retrieval Services on an "as needed basis" IAW the attached Performance Work Statement (PBWS). Inventory shall be recorded on all shipments of all specimens.
CLIN 0005: Consolidation, quarantining, and/or disposal of specimens on an "as needed basis" IAW the Performance Work Statement(PBWS). Prior to consolidating, quarantining, or disposing of the samples, the contractor shall provide a cost estimate of the work required to the Project Officer and not perform work without having written approval from the Project Officer. If approved by the Project Officer, the contract will be modified to add the necessary funding.
CLIN 0006: Freezer Decontamination Services on an "as needed basis" IAW the Performance Work Statement (PBWS).
(The services described in CLINs 0002 - 0006 are repeated for each fiscal year.)
CLIN 0001 requires the contractor to arrange the shipping and receipt of sixteen government owned freezers and all the samples currently contained therein. The content of the freezers will need to be re-inventoried and consolidated. An electronic file of this inventory must be maintained and provided to the Project Officer.
CLIN 0002 requires the contractor to monitor and maintain the storage facility. The specimens must be kept in mechanical freezers at -70o to -90o C or the contractor can propose an alternative such as liquid nitrogen. QA/QC procedures on facilities, equipment, and operations must be in place to ensure continuity of storage. Contractor shall describe the back-up process to ensure continuous operations.
CLIN 0003 requires the contractor to receive and inventory NHANES specimens on a flow basis. The contractor shall provide receipt and inventory of biologic specimens electronically. The electronic file must contain the sample identification number as read from each vial's bar-code and the number of vials by sample ID. The contractor shall maintain a record of each shipment received and provide that record to the Project Officer upon request.
CLIN 0004 requires the contractor to retrieve and ship specimens to research laboratories for approved research projects at the request of the Project Officer and update the electronic inventory to reflect the shipment. The contractor shall maintain a record of each shipment retrieved and shipped and provide the record to the Project Officer upon request.
CLIN 0005 requires the contractor to: 1) consolidate the samples when shipment and receipt of specimens has resulted in numerous "empty spaces" in the freezers; 2) quarantine samples that need to be kept together; and/or 3) dispose of samples as requested by Project Officer. Because the samples being requested cannot be predicted in advance, exercise of this CLIN requires a cost estimate from the contractor and approval from the Project Officer.
(For the purpose of proposal submission the prospective offer or shall include separate price estimates for consolidation, for quarantining, and for disposal at the following levels: 1-500 samples, 501-1000 samples; 1001-5000 samples, and more than 5000 samples. See Section B of the solicitation for CLIN 0005 and consolidation, quarantining, and disposal Sub Line Items)
CLIN 0006 requires the contractor to decontaminate freezers that are to be surplused. Given that the number of samples is expected to increase and the freezers are currently in excellent working order, it is not expected that CLIN 0006 will be exercised. However, if a freezer breaks down and cannot be repaired, decontamination is likely to be required. Exercise of this CLIN requires a cost estimate from the contractor and approval from the COR.
Section D - Packaging And Marking
There are no clauses/provisions included in this section.
Section E - Inspection And Acceptance
E.1 Inspection and Acceptance (Jul 1999)
Inspection and acceptance of the articles, services, and documentation called for herein shall be accomplished by the Contracting Officer, or his duly authorized representative (who for the purposes of this contract shall be the COR/Project Officer) at the destination of the articles, services or documentation.
(End of Clause)
E.2 Acceptance:
Final acceptance will be based on the completion of each deliverable.
(End of Clause)
Section F - Deliveries Or Performance
FAR SOURCE TITLE AND DATE
52.242.15 Stop-Work Order (Aug 1989)
52.242-17 Government Delay of Work (Apr 1984)
F.1 Deliverable(s) Schedule (Jul 1999)
The Contractor shall deliver, within the time frames specified, to the Project Officer at the address shown in Section G, and copies of Item(s) to the Contracting Officer at the address shown on the face page of the contract.
Specific deliverables and dates to be accomplished are listed below:
Deliverables Due by
Initial inventory file and operations manual Inventory file is due 6 months after the delivery of specimens. Operations manual is due 1 month afar
The start of the project.
Yearly inventory files End of January of each year
Yearly report By March 1 of each year
F.2 PERIOD OF PERFORMANCE (Jul 1999)
The period of performance shall be from September 15, 2014 through September 14, 2019 subject to the availability of funds for each Fiscal Year.
F.3 Place(s) of Performance (Jul 1999)
All work is to be performed at the Contractor's facility.
(End of Clause)
Section G - Contract Administration Data
G.1 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 which may be contained in an authorized modification to this contract, duly issued by the Contracting Officer, which may be received from any person employed by the United States Government, or otherwise, shall be considered for deviation from any stipulation of this contract. (End of Clause)
G.2 Contracting Officers Representative (COR) Technical Guidance (Sep 2009)
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 feels that 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 in a letter separate of any required report(s) within two (2) weeks of the date of receipt of the technical direction and no action shall be taken pursuant to the direction. If the Contractor fails to provide the required notification within the said two (2) week period that any technical direction exceeds the scope of the contract, then it shall be deemed for purposes of this contract that the technical direction was within the scope. 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. Changes shall be made only by the Contracting Officer by properly written modification(s) to the contract.
The Government will provide the Contractor with a copy of the delegation memorandum for the COR. Any changes in COR delegation will be made by the Contracting Officer in writing with a copy being furnished to the Contractor.
(End of Clause)
G.3. Contracting Officer's Representative (COR)
NCHS COR/George W. Zipf
Division of Health and Nutrition Examination Surveys
National Center for Health Statistics
Centers for Disease Control and Prevention
3311 Toledo Road, Room 4313
Hyattsville, MD 20782
Telephone: 301-458-4289
G.4. Government Furnished Property -
The government shall purchase freezers for storage of specimens. If additional freezers are required, the government shall purchase these freezers and have them shipped to the contractor's facility. Also, if additional freezers are purchased, the government will modify the contract to reflect changes in storage quantity.
G.5 CDC42.0002 Evaluation of Contractor Performance Utilizing CPARS (April 2013)
In accordance with FAR 42.15, the Centers for Disease Control and Prevention (CDC) will review and evaluate contract performance. FAR 42.1502 and 42.1503 requires agencies to prepare evaluations of contractor performance and submit them to the Past Performance Information Retrieval System (PPIRS). The CDC utilizes the Department of Defense (DOD) web-based Contractor Performance Assessment Reporting System (CPARS) to prepare and report these contractor performance evaluations. All information contained in these assessments may be used by the Government, within the limitations of FAR 42.15, for future source selections in accordance with FAR 15.304 where past performance is an evaluation factor.
The CPARS system requires a contractor representative to be assigned so that the contractor has appropriate input into the performance evaluation process. The CPARS contractor representative will be given access to CPARS and will be given the opportunity to concur or not-concur with performance evaluations before the evaluations are complete. The CPARS contractor representative will also have the opportunity to add comments to performance evaluations.
The assessment is not subject to the Disputes clause of the contract, nor is it subject to appeal beyond the review and comment procedures described in the guides on the CPARS website. Refer to: www.cpars.gov for details and additional information related to CPARS, CPARS user access, how contract performance assessments are conducted, and how Contractors participate. Access and training for all persons responsible for the preparation and review of performance assessments is also available at the CPARS website.
The contractor must provide the CDC contracting office with the name, e-mail address, and phone number of their designated CPARS representative who will be responsible for logging into CPARS and reviewing and commenting on performance evaluations. The contractor must maintain a current representative to serve as the contractor representative in CPARS. It is the contractor's responsibility to notify the CDC contracting office, in writing (letter or email), when their CPARS representative information needs to be changed or updated. Failure to maintain current CPARS contractor representative information will result in the loss of an opportunity to review and comment on performance evaluations.
[End of Clause]
G.6 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 which may be contained in an authorized modification to this contract, duly issued by the Contracting Officer, which may be received from any person employed by the United States Government, or otherwise, shall be considered grounds for deviation from any stipulation of this contract.
(End of Clause)
G.7 Contract Communications/Correspondence (Jul 1999)
The Contractor shall identify all correspondence, reports, and other data pertinent to this contract by imprinting thereon the contract number from Page 1 of the contract.
(End of Clause)
G.8 Payment by Electronic Funds Transfer (Dec 2005)
(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 - Central Contractor Registration, in Section I, requires the contractor to designate in writing a financial institution for receipt of electronic funds transfer payments.
(b) In addition to Central Contractor Registration, the contractor shall make the designation by submitting 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 Financial Management Office at (404) 498-4050.
(c) In cases where the contractor has previously provided such designation, 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 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
Financial Management Office (FMO)
P.O. Box 15580
Atlanta, GA 30333
Or - Fax copy to: 404-638-5342
(End of Clause)
G.9 Invoice Submission - Part 1 (Mar 2006)
(a) The Contractor shall submit the original contract invoice/voucher to the shown below:
The Centers for Disease Control and Prevention
Financial Management Office (FMO)
P.O. Box 15580
Atlanta, GA 3033
(b) Please do not forget to submit a copy of each invoice directly to the Project Officer and Contracting Officer or Contract Administrator concurrently with submission to the Financial Management Office (FMO). It saves time, postage, and speeds up the payment processing by emailing the invoices to the 3 listed email addresses below:
Financial Management Office (FMO): Email: [email protected], Fax: 404-638-5324
Contracts Specialist: Nina Waters, 770-488-2933
Contracting Officer's Representative (COR) George W. Zipf (301)458-4289
(c) The Contractor is required to submit a copy of each invoice directly to the Project Officer concurrently with submission to the Contracting Officer.
(d) In accordance with 5 CFR part 1315 (Prompt Payment), CDC's Financial Management Office is the designated billing office for the purpose of determining the payment due date under FAR 32.904.
(e) The Contractor shall include (as a minimum) the following information on each invoice:
(1) Contractor's Name & Address
(2) Contractor's Tax Identification Number (TIN)
(3) Purchase Order/Contract Number and Contract Number, if Appropriate
(4) Invoice Number
(5) Invoice Date
(6) Contract Line Item Number and Description of Item
(7) Quantity
(8) Unit Price & Extended Amount for each line item
(9) Shipping and Payment Terms
(10) Total Amount of Invoice
(11) Name, title and telephone number of person to be notified in the event of a defective invoice
(12) Payment Address, if different from the information in (c) (1).
(13) DUNS + 4 Numbers
(End of Clause)
Section H - Special Contract Requirements
H.1 Type of Contract
The Government anticipates awarding a Firm-Fixed Price/Indefinite Delivery-Indefinite Quantity (IDIQ) Task Order contract to be awarded for this requirement.
H.2 Government Rights in Data
All data, software and supporting materials acquired under this contract become the property of the U.S.
Government. Under no circumstances shall an offeror place a copyright that will in any way limit the Government's use of any of the materials for which the vendor develops, provides and/or receives payment under this contract.
There are no clauses/provisions included in this section. The Contractor shall not provide any government documents, information, or licensed material in any form to sources not authorized by NCHS without written approval during the period of performance of this requirement and any time afterwards. Execution of non-disclosure statements will be required.
There are no clauses/provisions included in this section.
H.3 Review of Data
The following persons may review the data: NCHS Project Officer and Contracting Officer Representative; NCDC&P Project Representative, NIH Project Representative, the NHANES Data collection contractor, and outside consultants as requested by the Project Officer or Alternate Project Officer.
H.4 Identification and Disposition of Data
The Contractor guarantees that it will not tabulate, analyze, release or use the data without prior written approval of the Contracting Office and the Project Officer. The Contractor will release all tabulations and reports solely to the Project Officers or their designee. Copies of quality control data may be maintained in the contracting laboratory. If method development is done as part of this project, the Contractor may keep that data. All biologic specimens must be returned to the Project Officer and may not be used for other purposes unless approved by the Project Officer.
H.5 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.
(End of Clause)
H.6 Privacy Act (Sep 2009)
(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 assure 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. A copy of 45 CFR Part 5b, Privacy Act Regulations, may be obtained at http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&tpl=%2Findex.tpl.
(b) The COTR is hereby designated as the official who is responsible for monitoring contractor compliance with the Privacy Act.
(c) The Contractor shall follow the Privacy Act guidance as outlined in the Privacy Act of 1974 (5 USC 552a) and Section 308(d) of the Public Health Service Act.
(End of Clause)
H.7 Dissemination of Information (May 2010)
No information related to data obtained under this contract shall be released or publicized without the prior written consent of the COR.
(End of Clause)
H.8 Data Subject to Confidentiality Requirements (May 1998)
The type(s) of data subject to the Clause at 352.224-70, Confidentiality of Information, which has been incorporated by reference in Section I, are as follows:
All Data generated by this procurement, including personally identifying information.
Following are the requirements for handling these data:
The Contractor is prohibited from publicizing or disseminating information without the prior review and comment of the Project Officer. All data and products developed under this contract shall become and remain the property of the Government.
H.9 Issuance of Task/Delivery Orders
The Contractor shall be capable of providing the staff necessary to conduct the required work. The timing, magnitude, and scope of each requirement cannot be predicted until the Government determines the specific work to be performed. The Contractor should expect a fluctuating workload throughout the performance period of this contract and will provide the technical, professional, managerial, and clerical support required to complete the task order successfully. The technical monitor, project officer, or designee may accompany the Contractor to each site for the purpose of monitoring the Contractors startup activities and may elect to remain at the site to monitor Contractor activities.
Performance hereunder shall be accomplished by task orders issued under this contract in accordance with the following procedure:
As the Government identifies specific requirements for work to be performed under this contract, a Task Delivery Order will be issued unilaterally. The Order will detail the requirements and associated funding. The NCHS program official will subsequently provide a predetermined delivery schedule for those requirements. If the Contractor does not accept the Task/Delivery Order and cannot reach agreement on an individual task order basis, it shall be considered a dispute and handled according to the provision of the contract in Section I, FAR 52.233-01 Disputes - Alternate I" (Oct 1995).
H.10 Prohibition on the Use of Appropriated Funds for Lobbying Activities (Jul 1999)
The contractor is hereby notified of the restrictions on the use of Department of Health and Human Service's funding for lobbying of Federal, State and Local legislative bodies.
Section 1352 of Title 10, United Stated Code (Public Law 101-121, effective 12/23/89), among other things, prohibits a recipient (and their subcontractors) of a Federal contract, grant, loan, or cooperative agreement from using appropriated funds (other than profits from a federal contract) to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any of the following covered Federal actions; the awarding of any Federal contract; the making of any Federal grant; the making of any Federal loan; the entering into of any cooperative agreement; or the modification of any Federal contract, grant, loan, or cooperative agreement. For additional information of prohibitions against lobbying activities, see FAR Subpart 3.8 and FAR Clause 52.203-12.
In addition, the current Department of Health and Human Services Appropriations Act provides that no part of any appropriation contained in this Act shall be used, other than for normal and recognized executive-legislative relationships, for publicity or propaganda purposes, for the preparation, distribution, or use of any kit, pamphlet, booklet, publication, radio, television, or video presentation designed to support, or defeat legislation pending before the Congress, or any State or Local legislature except in presentation to the Congress, or any State or Local legislative body itself.
The current Department of Health and Human Services Appropriations Act also provides that no part of any appropriation contained in this Act shall be used to pay the salary or expenses of any contract or grant recipient, or agent acting for such recipient, related to any activity designed to influence legislation or appropriations pending before the Congress, or any State or Local legislature.
(End of Clause)
H.11 Non-Disclosure Agreement for Contractor and Contractor Employees (Mar 2006)
(a) The contractor shall prepare and submit a Non-Disclosure Agreement (NDA) to the Contracting Officer prior to access of government information or the commencement of work at CDC.
(b) The NDA made part of this clause, exhibit I and II , is required in service contracts where positions and/or functions proposed to be filled by contractor's employees will have access to non-public and procurement-sensitive information. 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 (when communication or interaction relates to the contractor's work with the CDC), and members of the public. 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 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 a 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 meeting 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
[Name of contractor] understands that in order to fulfill the responsibilities pursuant to [Contract name and number] between the Centers for Disease Control and Prevention and [Name of CDC contractor] dated [date], employees of [contractor] will have access to non-public information, including confidential and privileged information contained in government-owned information technology systems. 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, [contractor] agrees to ensure that prior to being granted access to government information or the commencement of work for the CDC, whichever is applicable, all 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 official the original signed copies of NDAs signed by the contractor's employees in accordance with the instructions provided by the contracting official. Failure to provide signed NDAs in accordance with this agreement and instructions provided by the contracting official could delay or prevent the employee from commencing or continuing work at the CDC until such agreement is signed and returned to the contracting official.
Contractor further agrees that it will not cause or encourage any employee to disclose, publish, divulge, release, or make known in any manner or to any extent, to any individual other than an authorized Government employee any non-public information that the employee may obtain in connection with the performance of the employee's responsibilities to the CDC.
II. Procurement-Sensitive Information
Contractor further agrees that it will not cause or encourage any employee to disclose, publish, divulge, release, or make known in any manner or to any extent, to any individual, other than an authorized Government employee, any procurement-sensitive information gained while in connection with fulfilling the employee's responsibilities at the CDC. For purposes of this agreement, procurement-sensitive information includes, but is not limited to, all information in Statements of Work (SOW), Requests for Contract (RFC), and Requests for Proposal (RFP); Responses to RFPs, including questions from potential offerors; non-public information regarding procurements; all documents, conversations, discussions, data, correspondence, electronic mail (e-mail), presentations, or any other written or verbal communications relating to, concerning, or affecting proposed or pending solicitations or awards; procurement data; contract information plans; strategies; source selection information and documentation; offerors' identities; technical and cost data; the identity of government personal involved in the solicitation; the schedule of key technical and procurement events in the award determination process; and any other information that may provide an unfair competitive advantage to a contractor or potential contractor if improperly disclosed to them, or any of their employees.
Contractor understands and agrees that employee access to any procurement-sensitive information may create a conflict of interest which will preclude contractor from becoming a competitor for any acquisition(s) resulting from this information. Therefore, if an employee participates in any discussions relating to procurement-sensitive information, assists in developing any procurement-sensitive information, or otherwise obtains any procurement-sensitive information during the course of performing duties at the CDC, contractor understands and agrees that contractor are be excluded from competing for any acquisition(s) resulting from this information.
III. Identification of Non-Government Employees
Contractor understands that its employees are not agents of the Government. Therefore, unless otherwise directed in writing by the CDC, contractor agrees to assist and monitor employee compliance with the following identification procedures:
A. At the beginning of interactions with CDC employees, employees of other governmental entities, members of the public, or the media (when such communication or interaction relates to the contractor's work with the CDC), contractors' employees will identify themselves as an employee of a contractor.
B. Contractors' employees will include the following disclosures in all written communications, including outgoing electronic mail (e-mail) messages, in connection with contractual duties to the CDC:
Employee's name
Name of contractor
Center or office affiliation
Centers for Disease Control and Prevention
C. At the beginning of telephone conversations or conference calls, contractors' employees will identify themselves as an employee of a contractor.
D. Contractors should not wear any CDC logo on clothing, except for a CDC issued security badge while carrying out work for CDC or on CDC premises. The only other exception is when a CDC management official has granted permission to use the CDC logo.
E. Contractors' employees will program CDC voice mail message to identify themselves as an employee of a contractor.
I understand that federal laws including, 18 U.S.C. 641 and 18 U.S.C. 2071, provide criminal penalties for, among other things, unlawfully removing, destroying or converting to personal use, or use of another, any public records. Contractor acknowledges that contractor has read and fully understands this agreement.
Name of contractor: ___________________________________
Signature of Authorized Representative of Contractor:_________________________________
Date:________________
Copies retained by: contracting official and contractor
EXHIBIT II
Centers for Disease Control and Prevention (CDC)
Contractors' Employee Non-Disclosure Agreement
I. Non-Public Information
I understand that in order to fulfill my responsibilities as an employee of [Name of CDC contractor], I 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 info