NIH-31 Rodent Feed
Added: Apr 25, 2016 2:06 pm The NIEHS intends to acquire laboratory Rodent Feed with a period of performance of one (1) year, with four (4) one-year optional periods, for a maximum contract length of sixty months (60) with an estimated start date of June 1, 2016. Award will be a firm-fixed Indefinite Delivery Indefinite Quantity Contract.Commercial Item Solicitation:(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR 12.603, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.(ii) This Solicitation document 2016-NIEHS2016064 is issued as a Request for Quote (RFQ) for NIEHS Rodent Feed, which supports the National Institute of Environmental Health Sciences, Research Triangle Park, North Carolina.(iii) This solicitation document incorporates provisions and clauses that are in effect tough Federal Acquisition Circular 2005-83, effective June 7, 2015(iv) Quotes are solicited from all business concerns. The associated NAICS code is 311119 "Other Animal Food Manufacturing" with a small business size standard of 500 Employees. This solicitation is issued under FAR Part 13.5, Simplified Procedures for Certain Commercial Items.(v) The following is a list of the associated contract line item numbers:Line Item 001 FFP/FOB NIH-31 Rodent Diet Wafers; Quantity: 19,200; Unit of Issue: bagsLine Item 002 FFP/FOB 1st Option Year NIH-31 Rodent Diet Wafers; Quantity: 19,200; Unit of Issue: bagsLine Item 003 FFP/FOB 2nd Option Year NIH-31 Rodent Diet Wafers; Quantity: 19,200; Unit of Issue: bagsLine Item 004 FFP/FOB 3rd Option Year NIH-31 Rodent Diet Wafers; Quantity: 19,200; Unit of Issue: bagsLine Item 005 FFP/FOB 4th Option Year NIH-31 Rodent Diet Wafers; Quantity: 19,200; Unit of Issue: bags(vi) This requirement shall provide the specification for an open formula, autoclavable rat and mouse ration containing 18% crude protein and void of any feed additives containing antibiotics or exogenous estrogens and certified limits on chemical and microbial contaminants as listed in the Statement of Work (SOW). Orders shall be placed according to the requirements of the Government, generally every 4-8 weeks, as needed. Feed is generally ordered by tractor-trailer load of up to 1,600 bags per shipment (80 bags/pallet, 20 pallets/truck load). Each bag contains 25 lbs. of feed. All feed must be milled within 6 weeks of delivery.(vii) Items will be delivered to NIEHS, Research Triangle Park, NC for a base period of twelve (12) months, with four optional periods of twelve (12) months each.(viii) Provision at FAR 52.212-1, Instruction to Offerors - Commercial Items, applies to this acquisition.Addendum to FAR 52.212-1:The following paragraphs of FAR 52.212-1 are changed as shown below.1. Replace the terms "offerors" and "offer(s)" to "responder" and "quote(s)" in paragraphs (b) tough (l).2. Replace paragraph (b) with the following instructions:Para (b)(7) - add the following:Responses must be submitted electronically only to the Contracting Specialist, Ms. Teresa A. McCall at dudley1@niehs.nih.gov. FAX, mail or hardcopy submissions will not be accepted and shall deem the Contractor's response unacceptable.All information relating to the solicitation must be included in electronic format. Electronic versions of the price response shall not be submitted in a read only or password protected format. All formulas, lookup tables, and links should be intact, and no links should exist to files not included with the response. Spreadsheets shall not contain hidden worksheets. PDF or flat files will not be considered adequate. Failure to comply with these formatting requirements may result in rejection of your response.Para (b)(9) Additional Information: This is an electronic solicitation release. No hard copies will be mailed. Only written requests for additional information will be accepted. Notification of any changes shall be made only on the internet using Federal Business Opportunities (FBO) https://www.fbo.gov. It is the responsibility of each quoter to review the webpage for notice of amendments, updates, or changes to current information.Para (b)(10) - Add the following:The responder shall provide recent and relevant past performance information on contracts that the responder has performed to demonstrate that the responder has the necessary experience to perform the requirements of the solicitation. (Recent means within the past tee (3) years; relevant means similar in size, scope and magnitude to the requirements in the solicitation.) The responder should submit information on contracts that provide the best evidence of experience similar to solicitation requirements. The responder shall submit at least tee (3), if possible, but no more than five (5) references. The responder or must submit a separate page for each reference. Each reference must include the following information:a. Contract number and contract dollar value;b. Contract performance period;c. A brief description of the contract requirements;d. Relevance of contract work performed to the solicitation requirement (size & scope); and e. Contract point of contact name, telephone number, and facsimile number.(b)(11) Quotes that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.c. Para (c) - "30 calendar days" is changed to read "60 calendar days"d. Para (d), (e), (f), (h) & (l) - Delete in their entiretye. Para (g) - The Government intends to evaluate responses and award without discussions. Therefore, initial submissions should contain the quoter's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined to be necessary and in the best interest of the Government.3. Quotes that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.4. a. Quotations submitted in response to this notice shall be in accordance with the pricing template in Attachment I.i. Vendors are requested to submit two separate price quotes:1) Quote one will include pricing for testing covered by the vendor per the attached Statement of Work (SOW) at 2.1.4 in the highlighted section.2) Quote two will exclude the cost of testing.ii. Whether testing is provided by the Government or by the contractor shall be determined solely by the Government, per an internal cost-benefit analysis. The approach chosen will be that which is considered most advantageous to the Government, price and other factors considered.b. Responses must be submitted electronically. Submission of Quotes: Quotes shall be forwarded to the Contracting Specialist, Ms. Teresa McCall at dudley1@niehs.nih.gov.c. No faxed quotations will be accepted.d. Mail or hardcopy submissions will not be accepted and will not be considered for award.All information relating to the solicitation must be included in electronic format. Electronic versions of the price response shall not be submitted in a read only or password protected format. All formulas, lookup tables, and links should be intact, and no links should exist to files not included with the response. Spreadsheets shall not contain hidden worksheets. PDF or flat files will not be considered adequate. Failure to comply with these formatting requirements may result in rejection of your response.Vendors not registered in the System for Award Management database at the time the requirement is to be awarded will not be considered for award. Vendors may register with SAM by accessing www.sam.gov.5. General Quote Preparation InstructionsInformation requested within this RFQ shall be furnished in writing, shall be prepared in accordance with the instructions provided, and shall conform to all aspects of this RFQ and attached Statement of Work (SOW). To aid in evaluation, submitted responses shall be clearly and concisely written, as well as being neat, indexed and logically assembled.The information requested and the manner of submittal is essential to permit prompt evaluation of all quotations on a fair and uniform basis. Accordingly, any response in which material information requested is not furnished, or where indirect or incomplete answers or information are provided, may be considered unacceptable for evaluation.The following introductory information (letter format is acceptable) is required on the first page of your quote:1. RFQ Number & Title,2. Name and address of vendor,3. Name, telephone number & e-mail address of main point-of-contact,4. Name of your contract administration office,5. Date of submission,6. Name, title and signature of authorized representative,7. DUNS number,8. Socioeconomic status, and9. Exceptions to RFQ/Statement of Work (SOW).Quoters shall use Times New Roman font for the entire written submission on 8-1/2" x 11" pages with 1" margins (on all sides). Additionally, a minimum font size of 12 shall be used for all regular text and all tables, whereas a font size of 10 (minimum) shall be used for all graphics.The Government will not pay any costs incurred by any Quoter for the preparation and submission of a Quotation in response to this RFQ.Quoters are cautioned to ensure that their quotations are complete, address all requirements, are reflective of the evaluation factors and are submitted on the most favorable terms to reflect their best quotation.6. Content & InstructionsResponses shall consist of the following sections:Factor Title Page LimitsExecutive Summary Overall Page Limit: Two (2) single-sided pages1. Technical Capability Overall Page Limit: Ten (10) single-sided pagesExcluded from Overall Page Limit: Table of Contents and Cover Letter2. Past Performance Overall Page Limit: Four (4) single-sided pagesExcluded from Overall Page Limit: Table of Contents & Cover Letter3. Price No Limit for the price quote and/or supporting narrative information.7. Evaluation ProcessThe Government will perform a technical and price evaluation, based on the Quoter's written submission, to assess the "best value" to the Government, price and other factors considered. Each quoter's written technical submission will be reviewed and evaluated on an adjectival basis, for each of the technical evaluation factors. Simple statements of compliance/reiteration (i.e., "understood"; "will comply"), without a detailed description of how compliance will be met, may not sufficiently demonstrate a quoter's ability to meet the technical requirements and may result in a rating of "fail". Technical evaluations will be conducted using the adjectival ratings and definitions provided below.(End of Addendum)(ix) Provision at FAR 52.212-2, Evaluation Commercial Items, applies to this acquisition. The Government will evaluate offers in response to this request in accordance with FAR Part 13.106 procedures.(a) The Government will award a contract resulting from this solicitation to the responsible responder whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following shall be used to evaluate quotes:(i) Technical Capability:Technical responses shall contain sufficient content for the Government to determine whether quoters understand and have experience with the SOW requirements. Written responses for this section will be evaluated against the evaluation criteria listed below. These factors will be evaluated as pass/fail and past performance and price will not be evaluated if the vendor fails this area.Factor 1. Additionally, to demonstrate understanding, the quoter shall propose sound, practical, and feasible methods to accomplish all tasks of the Statement of Work (SOW), within the stated period of performance. For technical approach purposes, quoters shall describe a technical approach in the SOW that supports the requirement. Demonstrated understanding and experience also includes the extent to which the quoter understands the detailed service requirements identified in the Statement of Work.Factor 2. Document capabilities and procedures to support product compliance with the NIEHS Standard Specification for Open Formula Rat and Mouse Ration, 18% Crude Protein Autoclaveable (NIH-31) - Attachment II.Factor 3. Facilities and Equipment - demonstrate availability of necessary equipment and supply resource to provide the Rodent Feed in accordance with the solicitation requirement (e.g. manufacturing and warehouse facilities, production and warehouse facility grounds, and equipment and machinery as stated in standard specification). A site inspection by the Government may be required as part of the evaluation.Factor 4. Quality Assurance, Inspection, and Test Procedures - document capabilities to support compliance with quality assurance, inspection, and test procedures.(ii) Price Evaluation(b) The Government will evaluate the total proposed price of performing this work (base and all options - for both price quotes), in accordance with the price evaluation section of the RFQ. The Government will evaluate the option under FAR 52.217-8 at award.Price will not be rated adjectivally, but will be evaluated based on a comprehensive review, in accordance with the pricing content and instructions section above, and as described below.Price quotes will be evaluated with respect to accuracy and completeness based on information submitted in the written submission. This process will involve verification that figures are correctly calculated, prices are presented in the requested format, and that proposed rates and any applicable discounts are accurate.Additionally, the Government may utilize one or more of the following methods to evaluate price:• Review of the proposed level of effort and associated pricing;• Analysis of proposed labor mix;• Comparison to other quotes received;• Comparison and/or analysis based on Independent Government Cost Estimate;• Price Realism; and/or• Comparison/Analysis to historical cost.As part of the price evaluation, the Government will evaluate the Option to Extend Services (FAR Clause 52.217-8) by dividing the 12-month option period total by two (2), and adding the calculated six-month total to the quoter's total proposed price. Thus, for the purpose of evaluation, the quoter's total price will include the base period, all optional periods and the optional extension of services period. Though, quoters are only required to price the base and option periods and shall not submit a price for the potential six-month extension of services period.The Government will evaluate each quoter's past performance based upon customer satisfaction with the services provided on past or current projects.(iii) Past Performance.(a) Quoters shall identify, in detail, tee (3) contracts, no more than five (5), which have recently been performed (within the last 3 years), or are currently being performed, which are similar in scope for services of this magnitude and complexity. The quoter shall provide the following information with respect to each of these contracts:1. Contract number, Task Order number (if applicable), project title & description of the project2. Total contract value and type of contract3. Date of contract award and period of performance4. Government Agency/Organization Name5. Name, address and telephone number of all applicable contract points of contact6. Brief description of contract work, scope, and responsibilities 7. Brief narrative as to how the reference relates to this effort.As part of past performance evaluation, Past Performance will be evaluated using recent and relevant information obtained from the references provided by the responder as well as past performance information independently obtained by the Government. Past Performance will be evaluated and given of rating of "Acceptable", "Unacceptable", or "Neutral" as defined below. Recent and relevant Past Performance is defined in Addendum to FAR 52.212-1, Instructions to Offerors - Commercial Items, paragraph 2.b. The Government is not required to contact all references provided by the quoter. Also, references other than those identified by the offeror may be contacted by the Government to obtain additional information that will be used in the evaluation of the offeror's past performance.(b) Options. The Government will evaluate offers for award proposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).(c) A written notice of award or acceptance of a quotation mailed or otherwise furnished to the successful responder within the time for acceptance specified in the quote, shall result in a binding contract without further action by either party. Before the quote's specified expiration time, the Government may accept a quotation (or part of a quote), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.(d) Rating Definitions:Definitions of Ratings for Technical Capability:Pass. Quote meets or exceeds all specified requirements, demonstrates an acceptable understanding of the requirement, and proposes a sound, practical, and feasible approach to accomplish the requirements of the Statement of Work.Fail. Quote does not meet requirements, has not demonstrated an adequate approach, or does not demonstrate an acceptable understanding of the requirement.Definitions of Ratings for Past Performance:Acceptable. Based on the responder's performance record, the Government has a reasonable expectation that the responder will successfully perform the required effort, or the responder's performance record is unknown.Unacceptable. Based on the responder's performance record, the Government has no reasonable expectation that the responder will be able to successfully perform the required effort.Neutral. No relevant performance record Is identifiable upon which to base a meaningful performance rating. A search was unable to identify any relevant past performance information for the quoter or key team members/subcontractors or their key personnel. This is neither a negative or positive assessment.Notes: Quoters are advised that the Government may use past performance information obtained from centralized past performance databases and sources other than those identified by the quoter. The information obtained may be used for both the responsibility determination and the best value decision.A quoter who with no relevant past performance record will be rated neither favorably nor unfavorably and will receive a neutral rating. Contracts listed may include those entered into with Government agencies or private sector. For contractors with no relevant past performance, the government may take into account information regarding the past performance of predecessor companies, key personnel with relevant past experience or subcontractors that will perform key aspects of the requirement.(End of Provision)(x) Provision at FAR 52.212-3, Offeror Representations and Certifications Commercial Items, applies to this acquisition. The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed tough http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) tough (q) of this provision.(End of Provision)(xi) Clause at FAR 52.212-4 Contract Terms and Conditions Commercial Items, applies to this acquisition:Addendum to FAR 52.212-4:1. Add paragraph (c)(1) as follows:(c)(1) Contract Administration Data- Contracting Officer Authority for ChangesThe Contracting Officer is responsible for the administration of this contract and, alone, is authorized to take actions on behalf of the Government that result in changes in the terms of the contract. The Contracting Officer is Ms. Nicole Humpey, nicole.humpey@nih.gov and the Contract Specialist is Ms. Teresa McCall, dudley1@niehs.nih.gov. Changes to the Contracting Officer or Contract Specialist may be made by written correspondence from the contracting office in lieu of a modification to the contract.(c)(2)Contracting Officer Technical Representative (COTR)a. (To be completed at time of award) is hereby designated as the COTR for this contract.b. Alternate COTR: The name of the COTR's alternate is (To be completed at time of award). The Alternate COTR has the same authority as the COTR, and may exercise that authority at the discretion of the government, to the extent described below. All references to the COTR toughout this contract shall be construed as applying equally to the Alternate.(End of Addendum)(xii) FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Dec 2014)(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014) (2) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). ___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)"(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). __(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509)). __(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) __(4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note). __(5) [Reserved]. __(6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). __(7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013) (31 U.S.C. 6101 note). __(9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). __(10) [Reserved]. __(11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). __ii) Alternate I (Nov 2011) of 52.219-3. __(12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). __ii) Alternate I (JAN 2011) of 52.219-4. __(13) [Reserved] __(14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644). __(ii) Alternate I (Nov 2011). __(iii) Alternate II (Nov 2011). __(15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). __(ii) Alternate I (Oct 1995) of 52.219-7. __(iii) Alternate II (Mar 2004) of 52.219-7. __(16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)). __ (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2014) (15 U.S.C. 637(d)(4)). __(ii) Alternate I (Oct 2001) of 52.219-9. __(iii) Alternate II (Oct 2001) of 52.219-9. __(iv) Alternate III (Oct 2014) of 52.219-9. __(18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)). X(19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). __(20) 52.219-16, Liquidated Damages-Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). __(21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f). __(22) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C. 632(a)(2)). __(23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)). __(24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)). X(25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). X(26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126). X(27) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). X(28) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). X(29) 52.222-35, Equal Opportunity for Veterans (Jul 2014)(38 U.S.C. 4212). X(30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). X(31) 52.222-37, Employment Reports on Veterans (JUL 2014) (38 U.S.C. 4212). __(32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). __(33) 52.222-54, Employment Eligibility Verification (AUG 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) __(34)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) __(ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) __(35)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O. 13423 and 13514). __(ii) Alternate I (Jun 2014) of 52.223-13. __(36)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (E.O. 13423 and 13514). __(ii) Alternate I (Jun 2014) of 52.223-14. __(37) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b). __(38)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (JUN 2014) (E.O. 13423 and 13514). __(ii) Alternate I (Jun 2014) of 52.223-16. X (39) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513). X (40) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83). __(41)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43. __(ii) Alternate I (May 2014) of 52.225-3. __(iii) Alternate II (May 2014) of 52.225-3. __(iv) Alternate III (May 2014) of 52.225-3. __(42) 52.225-5, Trade Agreements (NOV 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). X (43) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). __(44) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). __(45) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __(46) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). __(47) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). __(48) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). X(49) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) (31 U.S.C. 3332). __(50) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). __ (51) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). __(52) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __(53)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). __(ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] __ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O.13495). __(2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67). __(3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). __(4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). __(5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). __(6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67). __(7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67). __(8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (Executive Order 13658). __ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). __(10) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition teshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509). (ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17. (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212). (vi) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (vii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212) (viii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (ix) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67). (x) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). ___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (xi) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67). (xii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67). (xiii) 52.222-54, Employment Eligibility Verification (AUG 2013). (xiv) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xvi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (Executive Order 13658). (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.(End of clause)(xiii) Method of Ordering (See Statement of Work for detail)The Ordering Officials shall sign all orders (including written confirmation of oral/telephone orders) involving requests for supplies under this contract. Each delivery order must be accompanied by a packing slip or evidence of delivery.The authorized Ordering Officials are: (to be completed at time of award).The following contractor representative is authorized to receive and accept orders placed by telephone:Name: __________________________Telephone: __________________________(xiv) Reporting Matters Involving Fraud, Waste and AbuseAnyone who becomes aware of the existence or apparent existence of fraud, waste, and abuse in NIH funded programs is encouraged to report such matters to the HHS Inspector General's Office in writing or on the Inspector Generals' Hotline. The toll free number is 1-800-HHS-TIPS (1-800-447-8477). All telephone calls will be handled confidentially. The e-mail address is Htips@os.dhhs.gov and the mailing address is:Office of Inspector GeneralDepartment of Health and Human ServicesTIPS HOTLINEP.O. Box 23489Washington, D.C. 20026(xv) Submission of Quotes: Quotes shall be forwarded to Ms. Teresa McCall via email to: dudley1@niehs.nih.gov by May 9, 2016, 4:30 PM EDT. Facsimile or hard copies of submissions will not be accepted. Responders shall provide a quote using the pricing schedule provided in Attachment I of this combined synopsis/solicitation.(xvi) Any questions regarding this Solicitation should be directed via e-mail to Ms. Teresa McCall at dudley1@niehs.nih.gov. The deadline for the submittal of all questions is 12:00 p.m. on May 2, 2016.
NIEHS2016064-1 Department of Health and Human Services National Institutes of Health
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