SECTION D—PACKAGING AND MARKING
The Contractor shall mark each delivery/deliverable with the
Contractor's name, RFP No. AHRQ-08-10036, and quantity. It is very important
that the contractor indicate if this is a partial, full or final shipment. As
appropriate, note on the face page of each deliverable or on the binding, (1)
'one volume only' or (2) 'volume 1 of 2, volume 2 of 2' etc.
Return to Contents
SECTION E—INSPECTION AND ACCEPTANCE
E.1 INSPECTION AND ACCEPTANCE
- The
contracting officer or the duly authorized representative will perform inspection
and acceptance of materials and services to be provided
- For the
purpose of this SECTION the Government Project Officer is the authorized
technical representative of the contracting officer.
- Inspection
and acceptance will be performed at:
Agency
for Healthcare Research and Quality
540 Gaither Road
Rockville, Maryland 20850
E.2 CLAUSES INCORPORATED BY
REFERENCE (FEB 1998)
This contract incorporates the following clause by
reference, with the same force and effect as if it were given in full text. The
full text of a clause may be accessed electronically at this address: http://www.arnet.gov/far/.
FAR Clause No. |
Title
and Date |
52.246-4 | Inspection
of Services-Fixed Price (AUG 1996) |
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SECTION
F—PERIOD OF PERFORMANCE AND DELIVERY SCHEDULE
F.1 CLAUSES INCORPORATED BY
REFERENCE (FEB 1998)
This contract incorporates the following clause by
reference, with the same force and effect as if they were given in full text. The
full text of a clause may be accessed electronically at this address: http://www.arnet.gov/far/.
FEDERAL
ACQUISITION REGULATION (FAR) (48 CFR CHAPTER 1) CLAUSES
FAR Clause No. |
Title
and Date |
52.242-15 | Stop
Work Order (AUG 1989)
Alternate
I (APRIL 1984)
|
F.2 PERIOD OF PERFORMANCE
The Government anticipates the period of performance shall begin
on or about September 30, 2008 and run through September 29, 2009.
F.3 DELIVERY
SCHEDULE
The Contract Specialist shall receive one copy
of each progress report and final report/final deliverable. In addition, one
electronic and one hard copy of final reports and all other deliverables shall
be submitted to the Project Officer:
Agency for Healthcare Research and Quality
ATTN: Linda L. Simpson, Contract Specialist
Contracts Management/OPART
540 Gaither Road
Rockville, Maryland 20850
Linda.Simpson@ahrq.hhs.gov
Agency for Healthcare Research and Quality
ATTN: Teresa Zayas-Caban, Project Officer
540 Gaither Road
Rockville, Maryland 20850
Teresa.ZayasCaban@ahrq.hhs.gov
Items specified for delivery are subject to the
review of the Project Officer (PO) before final acceptance. The contractor shall be
required to make revisions as deemed necessary by the PO to ensure a report of high
quality. The contractor shall submit items to the specified recipient at the E-mail
address specified earlier, in the format and within the time frames indicated. Due dates
which fall on a weekend or holiday are due on the next business day.
Schedule
of Deliverables and/or Reporting Requirements
Task
|
Format
|
Deliverable
|
Due Dates
|
Kick-off
Call
|
|
|
|
Hold call
with PO and others as designated by the PO to discuss goals/objectives of
project, key questions, etc.
|
|
|
Within 2 weeks of Effective Date of Contract (EDOC)
|
Submit
summary of call's discussion decisions, to call participants 1 week from
kick-off call.
|
Electronic
|
Call Summary
|
1 week after kick-off call
|
Work
Plan
|
|
|
|
Submit
draft work plan to PO for approval
|
Electronic
|
Work Plan
|
2 weeks after kick-off call
|
Technical
Experts
|
|
|
|
Submit
names and CVs of proposed TEP members to PO.
|
Electronic
|
Proposed List of TEP Members and
CVs
|
1 month after EDOC
|
TEP
Call #1
|
|
|
|
Hold TEP
#1
|
|
|
2 months
|
Submit
summary of TEP call discussion and decisions to call participants, TEP
members who could not participate, and PO
|
Electronic
|
Call Summary
|
1 weeks after first TEP call
|
Revised
Work Plan
|
|
|
|
Submit
comprehensive work plan for PO approval
|
Electronic
|
Revised Work Plan
|
2 weeks after first TEP call
|
Obtain
Paperwork Reduction Act Clearance
|
|
|
|
Submit
appropriate paperwork to AHRQ to obtain OMB clearance.
|
TBD
|
OMB Clearance
|
6 months after EDOC
|
Request for Information |
|
|
|
Draft
Request for Information (RFI) and send to PO
|
Electronic
|
RFI
|
1 month after EDOC
|
Summarize
RFI findings
|
1 print and electronic
|
Summary of Findings
|
12 months after EDOC
|
TEP Call
#2
|
|
|
|
Hold
second TEP call.
|
|
|
6 months after EDOC
|
Submit
summary of TEP call discussion and decisions to call participants, TEP
members who could not participate, and PO
|
Electronic
|
Call Summary
|
1 week after second TEP call
|
Peer
Reviewers
|
|
|
|
Submit
list of individuals/organizations who may be asked to peer review the draft
review to the PO.
|
Electronic
|
Proposed List of Reviewers
|
7 months after EDOC
|
Peer
Review and Draft Summary Report
|
|
|
|
Submit
draft report to PO.
|
1 print and electronic (print copy must be single-sided)
|
Draft Report
|
14 months after EDOC
|
Send
draft report to peer reviewers.
|
|
|
14 months after EDOC
|
Peer
Review Comments
|
|
|
|
Submit
complete copies of peer review comments to PO, and report of their
disposition to the PO.
|
1 copy of each comment, 1 print
and electronic report of disposition
|
Comments and Disposition of
Comments
|
15 months
|
Final
Summary Report
|
|
|
|
Submit
final report in AHRQ's required format, in hard copy and in Word® on
re-writable disks to PO. The final summary report must be compliant with Section 508 of Rehabilitation
Act.
|
1 print and electronic (print copy
must be single-sided)
|
Final Report
|
16 months after EDOC
|
Draft
Prototype Toolkit
|
|
|
|
Based on
TEP feedback and findings from Report and RFI, develop toolkit and submit
|
1 print and electronic (print copy
must be single-sided)
|
Draft Toolkit
|
18 months after EDOC
|
User
Test
|
|
|
|
Identify
Users' Group.
|
Electronic
|
List of Proposed Group Members
|
18 months after EDOC
|
Conduct
toolkit user testing and submit feedback to PO.
|
Electronic
|
Feedback
|
20 months after EDOC
|
Dissemination
Activities
|
|
|
|
Submit
dissemination plan to PO for approval
|
Electronic
|
Dissemination Plan
|
20 months after EDOC
|
Final
Toolkit
|
|
|
|
Revise
toolkit based on user feedback and submit final toolkit to PO. The final
toolkit must be compliant with Section 508 of Rehabilitation Act.
|
1 print and electronic (print copy
must be single-sided)
|
Final Toolkit
|
23 months after EDOC
|
Presentation
|
|
|
|
Submit a
PowerPoint presentation to the PO. A version of the presentation that is compliant with Section 508 of
Rehabilitation Act shall also be submitted.
|
Electronic
|
PowerPoint® Slides
|
23 months after EDOC
|
Bi-Monthly
Calls and Status Reports
|
|
|
|
Hold bi-monthly
conference calls with PO. Send short summary of call as status report to PO
and CO.
|
Electronic
|
Status Report
|
Ongoing
|
Return to Contents
SECTION
G—CONTRACT ADMINISTRATION DATA
G.1 KEY PERSONNEL
Pursuant to the Key Personnel clause incorporated in Section
I of this contract, the following individual(s) is/are considered to be
essential to the work being performed hereunder:
NAME
TITLE
(TO
BE COMPLETED AT TIME OF CONTRACT AWARD)
The clause cited above contains a requirement for review and
approval by the Contracting Officer of written requests for a change of Key
Personnel reasonably in advance of diverting any of these individuals from this
contract. Receipt of written requests at least 30 days prior to a proposed
change is considered reasonable.
G.2 PROJECT OFFICER
The following Project
Officer(s) will represent the Government for the purpose of this contract:
Teresa Zayas-Caban
Robert Mayes (Alternate)
The Project Officer(s) is/are responsible for:
(1) monitoring the contractor's technical progress, including the surveillance
and assessment of performance and recommending to the contracting officer
changes in requirements; (2) interpreting the statement of work and any other
technical performance requirements; (3) performing technical evaluation as required;
(4) performing technical inspections and acceptances required by this contract;
and (5) assisting in the resolution of technical problems encountered during
performance.
The Government may unilaterally change its
Project Officer designation.
G.3 CONTRACTING OFFICER
The Contracting Officer is the only person with
authority to act as an agent of the Government under this contract. Only the
Contracting Officer has authority to: (1) direct or negotiate any changes in
the statement of work; (2) modify or extend the period of performance; (3)
change the delivery schedule; (4) authorize reimbursement to the contractor of
any costs incurred during the performance of this contract; or (5) otherwise
change any terms and conditions of this contract.
The Government may unilaterally change its Contracting
Officer designation.
G.4 CONTRACT SPECIALIST
The Contracting Officer has
designated Linda Simpson, Contract Specialist, as the point of contact for all
contractual matters associated with this contract.
G.5 MILESTONE PAYMENT SCHEDULE
(To Be Negotiated)
The Contractor shall
provide the services/supplies as set forth in Section C Statement of Work and
Section F Schedule of Deliverables, and will submit invoices as each Task is completed
in accordance with the following Milestone Payment Schedule:
Invoices/financing
requests shall be submitted in an original and two copies to:
Contract
Specialist
Agency
for Healthcare Research and Quality
Division
of Contracts Management
540 Gaither Road
Rockville, Maryland 20850
G.6 INFORMATION ON VOUCHERS
- The
Contractor IS REQUIRED to include the following minimum information on
vouchers:
- Contractor's
name and invoice date;
- Contract
Number;
- Description
and price of services actually rendered;
- Other
substantiating documentation or information as required by the contract;
- Name (where
practicable), title, phone number, and complete mailing address or responsible
official to whom payment is to be sent; and
- The Internal
Revenue Service Taxpayer Identification Number.
- Payment shall
be made by:
PSC
Finance
Parklawn Building, Room 16-23
5600 Fishers Lane
Rockville, Maryland 20857
Telephone
Number (301) 443-6766
G.7 ELECTRONIC FUNDS TRANSFER
Pursuant to FAR 52.232-33, Payment by Electronic Funds
Transfer—Central Contractor Registration (OCT 2003), the Contractor shall
designate a financial institution for receipt of electronic funds transfer
payments. This designation shall be submitted, in writing, to the finance
office designated in the contract.
Return to Contents
SECTION H—SPECIAL CONTRACT REQUIREMENTS
H.1 RELEASE
AND USE AND COPYRIGHT OF DATA FIRST PRODUCED FROM WORK PERFORMED UNDER THIS
CONTRACT
Release and Use—Data first produced in the
performance of the Contract. As permitted in FAR 52.227-17, the provisions
of this Section H.1 shall apply to any release or use of data first produced in
the performance of the Contract and any analysis, tools, methodologies, or
recorded product based on such data.
- Release and Use—Requirements related to
confidentiality and quality. To ensure public trust in the confidentiality
protections afforded participants in Agency for Healthcare Research and Quality
(AHRQ)-supported research, AHRQ requires and monitors compliance by its
contractors with section 934(c) of the Public Health Service Act (PHS Act) (42
U.S.C. 299c-3(c)), which states in part that
No information, if the establishment or person supplying the
information or described in it is identifiable, obtained in the course of
activities undertaken or supported under this title, may be used for any
purpose other than the purpose for which it was supplied unless such
establishment or person has consented...to its use for such other purpose.
Such information may not be published or released in other form if the person
who supplied the information or who is described in it is identifiable unless
such person has consented...to its publication or release in other form.
In addition to this requirement, section 933(b)(1) of the
PHS Act (42 U.S.C. 299c-2(b)(1)) requires AHRQ to assure that statistics and
analyses developed with Agency support are of high quality, comprehensive,
timely, and adequately analyzed. Accordingly --
- Prior to the release or use of data based upon work
performed under this Contract, the Contractor agrees to consult with the
Project and Contract Officers regarding the proposed release or use. The
Contractor will in good faith consider, discuss, and respond to any comments or
suggested modifications that are provided by AHRQ within two months of
receiving the proposed release or use.
The purpose of such consultation is to assure that:
- Identifiable information is being used exclusively for
the purpose(s) for which it was supplied or appropriate consents have been
obtained;
- The confidentiality promised to individuals and
establishments supplying identifiable information or described in it is not
violated; and
- The quality of statistical and analytical work meets the
statutory standards cited above.
-
The Contractor must satisfy conditions (1)(A) and
(1)(B). At the conclusion of any consultation required by paragraph (b)(1)
above, if AHRQ and the Contractor cannot agree that a proposed use or release
satisfies condition (1)(C) above:
- the research professional at the Contractor
responsible for the quality of the Contract work will, in advance of any
release or use of such data, certify in a letter to the Contracting Officer
what differences of opinion cannot be resolved regarding the statutory
standards referenced in condition (1)(C) and the basis for Contractor
assertions that these standards have been met; and
- the Contractor must print prominently on the
release or other product, or on any portion that is released, or state prior to
any oral presentation or release of such material, the following disclaimer:
THIS presentation/ publication/or
other product is derived from work supported under a contract with THE AGENCY
FOR HEALTHCARE RESEARCH AND QUALITY (AHRQ) Contract#______________. However, this
presentation/ publication/or other product HAS NOT BEEN APPROVED by the agency.
- Required Statement Regarding Protected Information.
On all written material or other recorded products, or preceding any
presentation or other oral disclosure, release or use of material based on
identifiable information obtained in the course of work performed under this
contract, the Contractor shall make the following statement:
IDENTIFIABLE INFORMATION ON WHICH THIS REPORT, PRESENTATION,
OR OTHER FORM OF DISCLOSURE IS BASED IS PROTECTED BY FEDERAL LAW, SECTION
934(c) OF THE PUBLIC HEALTH SERVICE ACT, 42 U.S.C. 299c-3(c). NO IDENTIFIABLE
INFORMATION ABOUT ANY INDIVIDUALS OR ENTITIES SUPPLYING THE INFORMATION OR
DESCRIBED IN IT MAY BE KNOWINGLY USED EXCEPT IN ACCORDANCE WITH THEIR PRIOR
CONSENT. ANY CONFIDENTIAL IDENTIFIABLE INFORMATION IN THIS REPORT OR
PRESENTATION THAT IS KNOWINGLY DISCLOSED IS DISCLOSED SOLELY FOR THE PURPOSE
FOR WHICH IT WAS PROVIDED.
Copyright—Data first produced in the performance
of the Contract. Subject to the terms of this Section regarding release
and use of data, AHRQ, through its Contracting Officer, will grant permission
under FAR 52.227-17(c)(1)(i) to the Contractor to establish claim to copyright
subsisting in scientific and technical articles based on or containing data
first produced in the performance of this contract that are submitted for
publication in academic, technical or professional journals, symposia
proceedings or similar works. When claim to copyright is made, the Contractor
shall affix the applicable copyright notice of 17 U.S.C. 401 or 402 and
acknowledgment of Government sponsorship (including contract number) to the
data when such data are delivered to the Government, as well as when the data
are published or deposited for registration as a published work in the U.S.
Copyright Office. In such circumstances, the Contractor hereby agrees to grant
to AHRQ, and others acting on its behalf, a paid-up, nonexclusive, irrevocable,
worldwide license for all such data to reproduce, prepare derivative works,
distribute copies to the public, and perform publicly and display publicly, by
or on behalf of AHRQ. A description of this license will be incorporated into
the copyright notices required above.
Subcontracts. Whenever data, analyses, or other
recorded products are to be developed by a subcontractor under this Contract,
the Contractor must include the terms of H.1 in the subcontract, without
substantive alteration, with a provision that the subcontractor may not further
assign to another party any of its obligations to the Contractor. No clause
may be included to diminish the Government's stated requirements or rights
regarding release or use of products or materials based on data derived from
work performed under this contract.
H.2
LACK OF COMPLIANCE WITH REQUIREMENTS FOR RELEASE OR USE
Failure to submit materials for
statutorily mandated confidentiality and statistical and analytic quality
reviews as required by Section H.1 of this contract will be viewed as a
material violation and breach of the terms of this contract, as the
requirements of this provision are necessary for AHRQ to carry out its
statutory obligations and responsibilities. Records of the Contractor's
performance, including the Contractor's performance pertaining to this
Contract, will be maintained in AHRQ's Contracts Management Office and will be
considered as an element of past performance which is part of all subsequent
competitive contract proposal reviews.
H.3 SUBCONTRACTS
Award of any subcontract is subject to the prior written
approval of the Contracting Officer upon review of the supporting documentation.
Failure to obtain prior written approval of the Contracting Officer may result
in disallowance of use of Federal funds to cover services under the
subcontract. The contractor must include in any subcontracts executed or used
to provide the support specified in this contract the terms of requirements H.1,
H.2, and H.7. These requirements are to be included without substantive
alteration, and no clause may be included to diminish these requirements. If
approved, a copy of the signed subcontract shall be provided to the Contracting
Officer.
H.4 LATE PAYMENTS TO THE
GOVERNMENT
Late payment of debts owed the Government by the Contractor,
arising from whatever cause, under this contract/order shall bear interest at a
rate or rates to be established in accordance with the Treasury Fiscal
Requirements Manual. For purposes of this provision, late payments are defined
as payments received by the Government more than 30 days after the Contractor
has been notified in writing by the Contracting Officer of:
- The basis of
indebtedness.
- The amount
due.
- The fact that
interest will be applied if payment is not received within 30 days from the
date of mailing of the notice.
- The
approximate interest rate that will be charged.
H.5 PRIVACY ACT
The Privacy Act clauses cited in Section I (FAR 52.224-1 and
52.224-2) are applicable to the consultant records kept by the Contractor for
the Agency for Healthcare Research and Quality.
You are hereby notified that the Contractor and its
employees are subject to criminal penalties for violations of the Act (5 U.S.C.
552a(i)) to the same extent as employees of the Department. The Contractor
shall assure that each Contractor employee is aware that he/she can be
subjected to criminal penalties for violations of the Act. Disposition
instructions: Records are to be destroyed after contract closeout is completed
and final payment is made and in accordance with IRS regulations.
H.6 PRO-CHILDREN ACT of 1994
The Pro-Children Act of 1994, P.L. 103-227, imposes
restrictions on smoking where certain federally funded children's' services are
provided. P.L. 103-227 states in pertinent part:
"PHS strongly encourages all grant and contract recipients to
provide a smoke-free workplace and to promote the non-use of all tobacco
products. In addition, P.L. 103-227, the Pro-Children Act of 1994, prohibits
smoking in certain facilities (or in some cases, any portion of a facility) in
which regular or routine education, library, day care, health care or early
childhood development services are provided to children."
H.7 SALARY CAP GUIDE NOTICE
Pursuant to the applicable HHS appropriations acts cited in
the table below, the Contractor shall not use contract funds to pay the direct
salary of an individual at a rate in excess of the salary level in effect on the
date the expense is incurred as shown in the table below.
For purposes of the salary limitation, the terms "direct
salary," "salary," and "institutional base salary" have the same meaning
and are collectively referred to as "direct salary" in this clause. An
individual's direct salary is the annual compensation that the Contractor pays
for an individual's appointment whether that individual's time is spent on
research, teaching, patient care, or other activities. Direct salary excludes
any income that an individual may be permitted to earn outside of duties to the
Contractor. Direct salary also excludes fringe benefits, overhead, and general
and administrative expenses (also referred to as indirect costs or facilities
and administrative [F&A] costs). The salary rate limitation also applies to
individuals performing under subcontracts. However, it does not apply to
fees paid to consultants. If this is a multiple-year contract, it may be
subject to unilateral modification by the Contracting Officer to ensure that an
individual is not paid at a rate that exceeds the salary rate limitation
provision established in the HHS appropriations act in effect when the expense
is incurred regardless of the rate initially used to establish contract
funding.
Public law |
Period Covered |
Salary Limitation Based on Executive Level I |
108–447, Div F, Title II, General Provisions, Section 204
|
10/01/05—12/31/05
|
$180,100
|
109–149, General Provisions, Section 204
|
01/01/06—until revised
|
$183,500
|
Executive Level salaries for the current and prior periods
can be found at the following Web site: http://www.opm.gov/oca/05tables/html/ex.asp. Select "Salaries and Wages" and then scroll to the bottom of
the page to select the desired period.
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