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Incorporating Health Information Technology Into Workflow Redesign

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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.

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SECTION E—INSPECTION AND ACCEPTANCE

E.1  INSPECTION AND ACCEPTANCE

  1. The contracting officer or the duly authorized representative will perform inspection and acceptance of materials and services to be provided
  2. For the purpose of this SECTION the Government Project Officer is the authorized technical representative of the contracting officer.
  3. 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
52.246-4Inspection 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
52.242-15Stop 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

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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

  1.    The Contractor IS REQUIRED to include the following minimum information on vouchers:
    1. Contractor's name and invoice date;
    2. Contract Number;
    3. Description and price of services actually rendered;
    4. Other substantiating documentation or information as required by the contract;
    5. Name (where practicable), title, phone number, and complete mailing address or responsible official to whom payment is to be sent; and
    6. The Internal Revenue Service Taxpayer Identification Number.

  2. 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.

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SECTION H—SPECIAL CONTRACT REQUIREMENTS

H.1 RELEASE AND USE AND COPYRIGHT OF DATA FIRST PRODUCED FROM WORK PERFORMED UNDER THIS CONTRACT

  1. 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.

  2. 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 -- 

    1. 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:

      1. Identifiable information is being used exclusively for the purpose(s) for which it was supplied or appropriate consents have been obtained;
      2. The confidentiality promised to individuals and establishments supplying identifiable information or described in it is not violated; and
      3. The quality of statistical and analytical work meets the statutory standards cited above.

    2. 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:

      1. 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
      2. 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.

  3. 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.

  4. 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.

  5. 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:

     
  1. The basis of indebtedness.
  2. The amount due.
  3. The fact that interest will be applied if payment is not received within 30 days from the date of mailing of the notice.
  4. 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 childrens' 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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