The Small Business Subcontracting Plan, dated is attached hereto and made a part of this contract.
The failure of any Contractor or subcontractor to comply in good faith with FAR Clause 52.219-8, entitled "Utilization of Small Business Concerns" incorporated in this contract and the attached Subcontracting Plan, will be a material breach of such contract or subcontract and subject to the remedies reserved to the Government under FAR Clause 52.219-16 entitled, "Liquidated Damages-Subcontracting Plan."
Subcontracting Reports
The Contractor shall submit the following Subcontracting reports electronically via the "electronic Subcontracting Reporting System (eSRS) at http://www.esrs.gov .
Individual Subcontract Reports (ISR)
Regardless of the effective date of this contract, the Report shall be due on the following dates for the entire life of this contract:
April 30th
October 30th
Expiration Date of Contract
Summary Subcontract Report (SSR)
Regardless of the effective date of this contract, the Summary Subcontract Report shall be submitted annually on the following date for the entire life of this contract:
October 30th
For both the Individual and Summary Subcontract Reports, the [Contracting Officer/Contract Specialist/title of alternate designee] shall be included as a contact for notification purposes at the following e-mail address:
[Contracting Officer/Contract Specialist] 273
****(USE BELOW IN ALL SBIR CONTRACTS.
ADDITIONAL INFORMATION TO COMPLETE THIS ITEM:
For SBIR Phase I Contracts : Select "two thirds" from the drop down box.
For SBIR Phase II Contracts : Select "one half" from the drop down box.
Choose the applicable language within the brackets and delete the language that is not appropriate. Awards made by the FY 2014 SBIR solicitation PHS 2014-1 should use "total labor hours." Awards made by the FY 2015 SBIR solicitation PHS 2015-1 should use "total contract costs less profit/fee." Prior to FY 2014, see the applicable SBIR solicitation for guidance.)****
ARTICLE H.50. LIMITATIONS ON SUBCONTRACTING - SBIR
The Contractor shall perform a minimum of [two-thirds/one-half] of the research and/or analytical effort [total labor hours/total contract costs less profit/fee] conducted under this contract. Any deviation from this requirement must be approved in writing by the Contracting Officer.
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***(The security and privacy requirements set forth herein apply to all new and existing information and IT solicitations and contracts, irrespective of dollar amount.) To determine the applicable language for each solicitation and contract, the requiring activity representative must confer with NIH Information System Security Officer (ISSO)/Chief Information Security Officer (CISO) and Privacy Officer/Senior Official for Privacy (SOP) to complete the "Information Security & Privacy Certification Checklists."
ARTICLE H.51. HHS SECURITY AND PRIVACY LANGUAGE FOR INFORMATION AND IT PROCUREMENTS
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****(USE BELOW HHS SECURITY AND PRIVACY LANGUAGE FOR INFORMATION AND IT PROCUREMENTS, IN ALL SOLICITATIONS AND CONTRACTS FOR PROCUREMENTS REQUIRING INFORMATION SECURITY AND/OR PHYSICAL ACCESS SECURITY.
NOTE:
A procurement requires security if, as a result of the procurement, any contractor (and/or any subcontractor) employee:
will develop, have the ability to access, use, or host and/or maintain government information and/or government information system(s), including instances of remote access to or physical removal of such information beyond agency premises or control; or
will have regular or prolonged physical access to a "federally-controlled facility," as defined in FAR Subpart 2.1.
Physical and Logical Access refers to when contractor personnel (and/or any subcontractor) are expected to have (1) routine physical access to an HHS-controlled facility; (2) logical access to an HHS-controlled information system; (3) access to government information, whether in an HHS-controlled information system or in hard copy; or (4) any combination of circumstances (1) through (3) as per the HHSAR Subpart 304.13 - Personal Identity Verification and OMB M-05-24, Implementation of Homeland Security Presidential Directive (HSPD) 12 - Policy for a Common Identification Standard for Federal Employees and Contractors.
Additional guidance is located in Table 2, Position Sensitivity Designations for Individuals Accessing Agency Information at: https://ocio.nih.gov/aboutus/publicinfosecurity/acquisition/Pages/table2.aspx
General Resource Information for this Article:
For more information, see HHS OCIO Policies at: http://www.hhs.gov/ocio/policy/index.html
The Contract Specialist, Project Officer, I/C Information Systems Security Officer (ISSO), and/or Privacy Officer can assist the acquisition staff in tailoring the language in the below Article. If additional guidance is needed, contact NIH Office of the Chief Information Officer (OCIO) at nihisaopolicy@mail.nih.gov )****
