11/26/2008

ACQUISITION POLICY MEMORANDUM NO: 2008 -- 04

TO: Heads of Contracting Activity

FROM: Martin J. Brown /s/

> Senior Procurement Executive

SUBJECT: International Contract Award Notification

EFFECTIVE DATE: Immediately

1\. [Purpose]{.underline}: To ensure that the Department of Health and
Human Services' (HHS) acquisitions are consistent with American foreign
policy objectives, HHS requires its Operating Divisions (OPDIVs) to
notify the Chief of Mission or other designated U.S. official in a
foreign country of pending contract awards. This guidance applies
Department-wide, except for the National Institutes of Health (NIH) and
the Centers for Disease Control and Prevention (CDC). NIH and CDC will
continue to use their established procedures for international
clearances and communication.

2\. [Background]{.underline}: Under the Foreign Service Act of 1980
(P.L. 96-465), the Chief of Mission serves as the President's personal
representative and must be properly advised of all U.S. Government
activities in her area of authority to ensure consistency with
international objectives and relations. The Chief of Mission is
responsible for the direction of all Executive Branch activities within
a foreign country. While the Act does not require HHS to report its
contracting activities in a foreign country, it is a prudent business
practice to do so.

The authorities cited in Attachment 1 allow HHS to participate with
other countries in cooperative endeavors in biomedical research, health
care technology, health services research, and statistical activities to
advance the status of the health sciences in the United States.

3\. [Guidance]{.underline}: This guidance applies to contracts for
services, research and development, and products (such as biopsy or
biological materials) when the work: (a) is to be performed in a foreign
country, (b) involves the assignment of U.S. Government and/or
contractor personnel in a foreign country, or (c) employs nationals in a
foreign country. Prior to awarding a covered contract valued at
\$100,000 or more (whether the contractor is foreign or domestic) the
contracting officer shall notify the U.S. Embassy in the affected
country of the intended award. For covered contracts less than \$100,000
to be performed in a foreign country, the contracting officer may, at
his discretion, notify the U.S. Embassy in the affected country of the
intended award.

HHS will direct such international notifications through CDC's
Coordinating Office for Global Health (COGH). Using its automated
process, COGH will transmit an official cable on behalf of HHS to the
Chief of Mission (COM) or other designated U.S. official in the affected
country. If the COM or other designated U.S. official in the affected
country does not respond to the cable within fifteen (15) calendar days
of its transmittal, the contracting officer may proceed with the
contract award.

4\. [Procedures]{.underline}**:** At least 30 days prior to award of a
covered contract (but after place of performance is known), the
Contracting Officer will draft a cable with the information listed below
and e-mail it to: <cdccables@cdc.gov>. The subject of the e-mail shall
be "INTERNATIONAL CONTRACT AWARD NOTIFICATION." Attachment 2 contains a
sample cable format.

-   Security classification

-   Title of the proposed project with a brief description

-   Objectives of the contract award

-   Reason for involving the foreign country

-   HHS OPDIV name

-   OPDIV Point of Contact

-   Contractor name, city, and country (if known)

-   Contract award amount (actual or estimated, including information
    about funding from other agencies)

-   Contract performance period

-   Principal domestic and foreign researchers, if applicable

-   Purpose (brief narrative)

-   Scope of work (brief narrative)

-   Human subjects (applicable/not applicable)

-   Animals (applicable/not applicable)

-   Any benefits the country may derive from the award. (Include
    countries or regions covered.)

-   If the contract involves any type of field work abroad, indicate the
    performance period of the proposed field work, and the extent and
    types of contact with foreign nationals.

-   If applicable, indicate the extent of discussion already conducted
    with a U.S. diplomatic mission in regard to the pending contract
    award.

The Contracting Officer or his point-of-contact (PoC) will coordinate
the cable submittal with the COGH staff. The COGH staff will manage the
transmittal and respond to any notification questions that may arise.
The COGH staff PoC is Ms. Stephanie Gonsahn, at 404-498-2956.

Per the sample cable format in Attachment 2, the Contracting Officer or
his PoC will draft a cable containing the required information, using
Microsoft Word with a Courier New, 12-point font. Top, left, and bottom
margins shall be one inch (1"), and the right margin shall be one and
nine-tenths inches (1.9"). Cables may not contain tabs, indents,
automatic paragraph numbering, headers, footers, watermarks, etc. The
subject line and all text preceding it shall be

**2**

in upper case. Thereafter, text should be in upper and lower case.
Preparers may wish to use Word's "reveal codes" function to ensure
compliance with these format requirements before transmitting the cable
to COGH.

COGH may confer with the Contracting Officer or his PoC to ensure an
accurate, complete and timely cable transmittal. International responses
received by COGH will be forwarded to the Contracting Officer via email
or fax.

Attachments

**3**

**Attachment 1: AUTHORITIES REGULATING INTERNATIONAL ACTIVITIES**

+-----------------------------+--------------------+------------------+
| **Category**                | **Act and          | **U.S.           |
|                             | Section**          | Code/CFR**       |
+-----------------------------+--------------------+------------------+
| International Cooperation,  | > PHSA Sec. 307    | > 42 USC §       |
| Personal Services Contracts |                    | > 242l(b)(8)     |
+-----------------------------+--------------------+------------------+
| Quarantine and Inspection   | > PHSA Sec.        | > 42 USC §§      |
|                             | > 361-369          | > 264-272        |
+-----------------------------+--------------------+------------------+
| Assistance to Health        | > Foreign          | > 22 USC §       |
| Programs \[for              | > Assistance Act   | > 2151b(c)       |
| International Development\] | > of 1961 Sec. 104 |                  |
+-----------------------------+--------------------+------------------+
| HHS -- Protection of Human  | > Public Health    | > 45 CFR Part 46 |
| Subjects                    | > Service Act      |                  |
|                             | > (Protection of   |                  |
|                             | > Human Subjects)  |                  |
+-----------------------------+--------------------+------------------+
| Foreign Research            | > Foreign          | > 22 USC 2656d   |
|                             | > Relations        | > (a)            |
|                             | > Authorization    |                  |
|                             | > Act              |                  |
+-----------------------------+--------------------+------------------+

**Attachment 2: Sample Cable Format**

Classification Type: UNCLASSIFIED

Transmittal From: FM CDC ATLANTA GA

Transmittal To: AMEMBASSY BANGKOK

INFO RUEHC/SECSTATE WASHDC

INFO RUEHPH/CDC ATLANTA GA

BANGKOK FOR ADMIN OFFICER

BANGKOK INFO CDC

SECSTATE FOR AF/S -- (CDC complete\]

SECSTATE DEPT PASS TO HHS FOR STEIGER OGHA

ATD \# (leave blank- CDC serial number\]

TAGS: (leave blank-type of filing system\]

SUBJECT: PROCUREMENT SENSITIVE\--NOTIFICATION OF PENDING FY \[*insert
year*\] CONTRACT AWARD TO XYZ Contractor, Bangkok, THAILAND \[*insert
contractor name, city and country; and identify as "Emergency", if
applicable*\]

1\. CDC Atlanta is transmitting this message on behalf of the Department
of Health and Human Services (HHS), Biomedical Advanced Research and
Development Authority (BARDA) in Washington, DC. \[*insert appropriate
OPDIV, city and state*\]

2\. In accordance with the 1980 Foreign Service Act, Section 304.,Chief
of Mission, and the Foreign Relations Authorization Act (Title V), the
Department of Health and Human Services' Biomedical Advanced Research
and Development Authority (BARDA) \[*insert appropriate OPDIV*\]
respectfully advises the Chief of Mission of Bangkok, Thailand \[*insert
city and country*\] of its intention to award a one-year, \[*identify
length of time*\] Fixed Price contract \[*identify contract type*\] to
XYZ Contractor, \[*insert name of contractor*\] in Bangkok, \[*insert
city where contractor located*\] for administrative services \[*brief
identification of requirement*\] in support of Advanced Development
Studies in Biomedical Inoculation Strategies. \[*If award is tied to a
specific HHS program and/or project, identify project/program
title/number*.\]

3\. FUNDING/PERFORMANCE PERIOD: DHHS (BARDA) \[*insert OPDIV*\] FY2007
funds \[*identify FY funds*\], in the amount of \$1,500,000 \[*identify
amount*\] have been allocated for this award. Contract performance
\[*identify performance period*\] within Bangkok, Thailand \[*insert
foreign city and country\]* shall begin within 10 days of award, on or
around 11 OCT 2008, for a period of 12 months. Contract completion date
is 30 SEP 2009. \[*Identify month, day and year of contract
completion.*\]

4\. PURPOSE OF THE PROJECT: DHHS (BARDA) \[*insert appropriate OPDIV*\],
in conjunction with the Ministries of Health, seeks to improve
Thailand's current emergency inoculation methods to ensure its
capability for receiving and deploying biomedical vaccines. \[Insert
Summary of Scope of Work\]

5\. THE SCOPE OF WORK: Measurable outcomes of this program will be in
alignment with President's 2007 Foreign Health Objectives for worldwide
health emergency relief plans. \[Insert outcomes/products of contract\]

6\. HUMAN SUBJECTS: Not applicable to this program. \[*Always address,
or indicate Not Applicable*\]

7\. ANIMALS: Not applicable to this program. \[*Always address, or
indicate Not Applicable*\]

8\. CONTACTS: \[*Provide CDC with the following types of foreign country
contact information*\]

PROJECT OFFICER: Dr. Feingold

ADDRESS: National Ministry of Health

Av Eduardo Mondale 1527

Bangkok, Thailand

PHONE NUMBER: 333 555 7131

FAX: 333 1 555 305

E-MAIL ADDRESS: Mondale@dnsdee.imoz.th

PROGRAM CONTACT:

\[*Provide CDC with the following US contact information*\]

CONTRACTING OFFICER:

OPDIV AND ADDRESS:

DHHS AND ADDRESS:

PHONE NUMBER OF CONTRACTING OFFICER:

FAX NUMBER OF CONTRACTING OFFICER:

E-MAIL ADDRESS OF CONTRACTING OFFICER:

9\. If no Embassy response is received by HHS within 15 days from the
date of this transmittal, HHS will assume Embassy has no comment
on/concerns with pending contract award.

10\. In order to ensure prompt receipt of cable response at CDC, please
transmit cable reply or cable request for additional information
directly to RUEHPH/CDC ATLANTA GA, Attn: COGH/\[*POC*\].

11\. HHS appreciates Embassy assistance and consideration.

12\. If additional information is needed, please contact \[Insert n*ame
of Contracting Officer, Phone Number, Fax Number, and E-mail address*\].

**2**