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National Cord Blood Inventory Augmentation, Third Cohort
Solicitation number
08-N234-6002-dm
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QUESTIONS RECEIVED 08-N234-6002-dm.doc DOC document
ATTACHMENT H CERTIFICATE OF CURRENT COST OR PRICING DATA.doc DOC document
Invitational Letter.doc DOC document
ATTACHMENT F PAST PERFORMANCE QUESTIONNAIRE AND LETTER.doc DOC document
ATTACHMENT E DISCLOSURE OF LOBBYING ACTIVITIES.doc DOC document
ATTACHMENT D BUSINESS PROPOSAL TABLES.xls XLS spreadsheet
ATTACHMENTG COST PROPOSAL FORMAT.doc DOC document
ATTACHMENT C SUMMARY TABLES.xls XLS spreadsheet
ATTACHMENT B COLLECTION PROGRESS REPORTS.xls XLS spreadsheet
ATTACHMENT A SOW.doc DOC document
C.W. Bill Young Transplantation Program Information.doc DOC document
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HHSH 08-N234-6002

HEALTH AND HUMAN SERVICES

HEALTH RESOURCES AND SERVICES ADMINISTRATION

REQUEST FOR PROPOSAL

SECTION A - TABLE OF CONTENTS

SECTION

DESCRIPTION

A

Table of Contents

B

Supplies or Services and Prices/Costs

C

Description/Specification/Work Statement

D

Packaging and Marking

E

Inspection and Acceptance

F

Deliverables or Performance

G

Contract Administration Data

H

Special Contract Requirements

I

Contract Clauses

J

List of Attachments

K

Representations, Certifications and

Other Statements of Offerors

L

Instructions, Conditions, and Notices to Offerors

M

Evaluation Factors for Award

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 PURPOSE OF CONTRACT

The purpose of this contract is to provide for the collection and maintenance of genetically diverse, high-quality umbilical cord blood units (CBU) for inclusion in the National Cord Blood Inventory (NCBI). CBU collected under this contract are to be made available through the C.W. Bill Young Cell Transplantation Program (hereafter referred to as the Program) for patients in need of blood stem cell transplantation. The contract also requires that some CBU not suitable for clinical use be made available for peer-reviewed research.

B.2 PRICE

a. In consideration of the satisfactory performance of the services that are described in detail in the Statement of Work at Attachment A and Contract Section F.2, the Contractor shall be compensated as follows:

Line

Item

Description
Quantity
Unit

Price Total

Price

0001
Collection and Cryopreservation of Cord Blood Units in accordance with the Quota set forth in Paragraph b, below.
ea
$
$
0002
Storage and Distribution of Cord Blood Units
N/A
NSP1
NSP1
0003
Reports and Deliverables in accordance with Section F.
N/A
NSP1
NSP1
Total
ea
$
$
0005
Option for Units in Year 22
ea
$
$
0006
Option for Units in Year 32
ea
$
$
0007
Additional option for Units in Year 12
ea
$
$
ea
$
$
0008
Additional option for Units in Year 22
ea
$
$
ea
$
$
0009
Additional option for Units in Year 32
ea
$
$
ea
$
$

1Not Separately Priced, these services are included in the base unit and option collection prices.

2Optional funding for additional units (up to the specified number) may be exercised at HRSA’s discretion if sufficient funds are available.

[Note to Offeror: Offerors should be prepared to negotiate discounted prices. The unit prices may be below the unit cost, and may vary from bank to bank. A Fixed price amount will be established in the award document.]

b. The Cord Blood Units delivered shall conform to the following Race/Ethnicity specifications.

Year 1
Year 2#
Year 3#
Race/Ethnicity
Number of CBU
Number of CBU
Number of CBU

AI/AN*

B/AA*

Asian*

NH/PI*

White/Caucasian (non-Hispanic)

White/Caucasian (Hispanic)

Multi-race**

Total

#If the Options for Years 2 and 3 are exercised.

*Hispanic or non-Hispanic ethnicity.

**Two or more broad races (i.e., AI/AN, B/AA, Asian, NH/PI, or White/Caucasian). Note that Hispanic should not be considered a race.

c. The price for services fulfilling the requirements of this contract is a firm fixed price of__________.

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 Statement of Work Independently, and not as an agent of the Government, the contractor shall furnish all personnel, material, facilities, services, and equipment as needed to perform the Statement of Work set forth at Attachment A and made part of this document.

C.2 Incorporation of Contractors Proposal It is understood and agreed that the Contractor shall, in meeting the requirements of this contract, perform the work in accordance with the Contractors proposal to the Health Resources and Services Administration dated _____________ , provided however, that to the extent that any provisions of the articles of this contract are in conflict or inconsistent with any provisions of said proposal, the provisions of the articles of this contract shall be controlling and shall supersede the provisions of said proposal.

SECTION D - PACKAGING AND MARKING

D.1 (For this solicitation, there are no clauses in this section).

SECTION E - INSPECTION AND ACCEPTANCE

52.246-4 Inspection of Services-Fixed-Price (Aug 1996)

(a) Definition. "Services," as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may-

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may-

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

(2) Terminate the contract for default.

SECTION F - DELIVERIES OR PERFORMANCE

F.1 Period of Performance The Period of Performance for Line Item No. 1 will be 3 years from the effective date of the contract. The Period of Performance for Line Items No. 2 and 3 will be 10 years from the effective date of the contract. The total contract period of performance and the Contractor's obligation is 10 years.

F.2 Articles or Services to be Furnished and/or Delivery Schedule

a. All deliverable items are subject to the review and approval of the Project Officer. The Contractor shall submit deliverables in accordance with the Statement of Work. Deliverables that are required to be delivered to the Project Officer shall be submitted to the offices listed below:

INSERTED AT TIME OF AWARD

b. All deliverable reports are to carry at the top of the first page the following information:

Contract number

Deliverable item number

Deliverable item delivery due date

Date of submission

c. The Contractor shall meet with, make presentations to and/or submit the following items to the Project Officer in the format specified below. The Contractor shall submit deliverables in accordance with the following schedule:

SCHEDULE OF DELIVERABLES

Schedule of Reports and Deliverables

Deliverable:

Item Description

Task Reference
Quantity
Due Date
1
Initial meeting with the Project Officer to review the requirements and schedule for the contract and to review the proposed work plan. The location of the meeting to be at the Contractor’s cord blood bank facility or in Rockville, MD as determined by the Project Officer.
1
1
Within 60 days of Effective Date of Contract (EDOC).
2
Annual Meeting with the Project Officer.
1
Annually
Annually; date and location to be determined by the Project Officer.
3
Request for approval to begin NCBI collections and attestation of full-compliance with contract terms.
N/A
1
Prior to initiation of NCBI collections.
4
List of Inspectional Observations, FD-483, issued from the Food and Drug Administration as the result of an FDA inspection. The report must be submitted electronically (may be a scanned document).
2
1 per each FD-483 report
A copy of the Form FD-483 no more than 30 days after receipt of the report from the FDA.
5
Detailed description of internal and external proficiency-testing programs and competency assessment programs to ensure consistency in quality of cord blood products and ongoing competency evaluation of staff.
2
Annually
Within 90 days of EDOC.
6
Proficiency/competency evaluation progress reports (updates of performance against the established programs).
2
Quarterly Annually
Quarterly for the first 3 years of the contract; annually thereafter (years 4-10).
7
Description of Electronic Records Management System and Operational Status of the System.
2
1
Within 90 days of EDOC, upon activation of the system, and any changes to the system. The electronic records management system must be operational no more than 6 months of EDOC.
8
Continuity of Operations Plan and Medical Contingency Response Plan.
2
Annually
Within 90 days of EDOC
9
Collection Site Agreements.
3
1
Within 90 days of EDOC, but prior to initiation of collections and as changes are proposed thereafter.
10
Monthly CBU Collection Schedule. At a minimum, the schedule should include monthly targets by race and ethnicity for CBU to be collected, processed, and banked per collection site.
3
Annually
Within 90 days of EDOC, but prior to initiation of collections. Annually thereafter, and for any changes as approved by the Project Officer.
11
CBU Collection Plan. At a minimum, the collection plan must describe how the contractor will achieve specific recruitment, collection, processing, and banking goals, including specific objectives and a timeline for implementation of the plan’s components.
3
Annually
Within 90 days of EDOC and annually thereafter.
12
Informed Consent Documents(s).
3
1 and upon any changes to the document
Draft within 30 days of EDOC and final IRB approved copies as available and prior to initiation of NCBI collections. The consent form must be resubmitted for approval when changes are made to the form. Collections will not be reimbursed if changes are made to the form and implemented prior to HRSA approval of the form.
13
Plan for Peer-reviewed Research Program. At a minimum, the research plan must include a description of which CBU will be made available for research, policies for releasing CBU for research including any associated charges to researchers, the types of research that CBU may be used for, how the CBB conforms to informed consent requirements for research CBU, historical information about releasing CBU for research (e.g., number of CBU released), and any additional information necessary to clearly describe the bank’s plans for making CBU available for research.
5
Annually
Within 90 days of EDOC, and annually thereafter.
14
CBU Collections Progress Reports:

1. CBU Collections

2. NCBI CBU Characteristics

3. Non-NCBI CBU Characteristics

4. Research CBU

5. CBU Released for Transplant

6. Information regarding the progress of the contract: transferring of NCBI units, receipt of transferred NCBI units, changes that may impact progress of the contract.

7. Serious adverse events

8. When invoicing HRSA for CBU that were collected more than 4-months prior to the invoice date, a summary note indicating the reason(s) for the delay(s).

7
Monthly

Quarterly

Annually First progress report due 90 days after EDOC, then monthly for the first 6 months of the contract; then quarterly for the first 3 years of contract; annually thereafter (years 4-10).

The report is due no later than 30 days after the last day of the reporting period (i.e., month, quarter or year).

15
Annual Progress Reports

Paper format 2 copies; electronic format 2 copies.

8
Annually
Within 30 days of the contract anniversary and annually thereafter.
16
Final Report

Paper format 2 copies; electronic format 2 copies.

8
1

No later than 45 days after the end of the 10-year contract term.

All submissions, with the exception of vouchers must be in electronic format, unless a paper format is specified. 2 copies of each deliverable must be submitted (one in PDF and the other in MS Word, Excel, Access or other format as agreed to by the Project Officer).

F.3 CLAUSES INCORPORATED BY REFERENCE

This contract incorporates the following clause by reference, with the same force and effect as if it were given in full text:

52.242-15 Stop-Work Order. (AUG 1989) -- Alternate I

APR 1984

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 Designation of Project Officer The person(s) identified below is hereby designated as the Project Officer for this contract. The responsibility of the Project Officer (or his duly authorized representative) is to ensure that the Government's technical objectives are met. To this end, the Project Officer will provide necessary information, direction, coordination, et cetera, within the contractual work description. Issuance of changes which affect the articles, terms or conditions of this contract will be accomplished through the Contracting Officer who is the only party authorized to bind the Government to contract:

Project Officers:

INSERTED AT TIME OF AWARD

The Government may unilaterally change its designated Project Officer(s).

G.2 Key Personnel Pursuant to the Key Personnel clause (HHSAR 352.270-5) referenced in SECTION I of this contract, the following individual(s) is (are) considered to be essential to the work being performed under this contract:

Project Director:

INSERTED AT TIME OF AWARD

Laboratory Director:

INSERTED AT TIME OF AWARD

Medical Director:

INSERTED AT TIME OF AWARD.

Coordinator

INSERTED AT TIME OF AWARD

The clause cited above contains a requirement for review and approval by the Contracting Officer of written request for change of Key Personnel reasonably in advance of diverting any of these individuals. Receipt of written request at least thirty (30) days prior to a proposed change is considered reasonable.

The person identified above as Project Director shall direct the necessary work and services toward fulfillment of the contractual requirements.

G.3 Submission of Invoices and Place of Payment

a. No more often than monthly during the first three years of the contract, the Contractor may submit an invoice for payment based on the quantity of units delivered and compliance with the Schedule of Deliverables. Units must meet the Specifications set forth in the Statement of Work, be reported on Tables 1 and 2 of the Collection Progress Reports, and must be registered with the CBCC. The information submitted on the vouchers will be verified with the data from the CBCC.

Invoices must contain the same tabular information as the Progress Report for CBU Collections.

b. Submit invoices as follows to expedite payment:

Send one invoice copy to the Government Project Officer whose name and address appear in subsection G.1. Send the original and two copies of all invoices directly to the Contracting Officer at the address listed below:

HHS/HRSA/OMPS/DPM

Attn: Daniel E. Matusiewicz

5600 Fishers Lane Room 13A19

Rockville, Maryland 20857

Finance point of contact:

Aumpai Attawut

301-443-9613

c. Invoices shall reflect, at a minimum:

Paying office and address

Invoice Number

Date of Invoice

Contract Number and Date

Payee's name and address

Description of goods or services, quantity, unit price of units delivered during the invoice period

Cumulative amount

Invoices must contain the same tabular information as the Progress Report for CBU Collections at Tables 1 and 2 in Attachment B.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 Clearance/Production of Information Products/Services A. The Department of Health and Human Service's Office of the Assistant Secretary for Public Affairs requires clearance for any external publication, audiovisual, exhibit, or public affairs service produced for or by HRSA through this contract as a deliverable -an external publication is one of which 50 copies or more are to distributed outside HHS-. This clearance, which takes approximately 4 weeks, is obtained by the project officer through HRSA’s Office of Communications.

B. It is the policy of DHHS that DHHS must be prominently and dominantly identified as the primary publisher/producer, to include use of the DHHS logo, on all communication materials, including those produced by contractors. This requirement may be satisfied by displaying the DHHS logo on the back cover of a publication. The Health Resources and Services Administration's (HRSA) logo must be displayed in a position of prominence second only to DHHS as the identifier on all communication materials produced on behalf of HRSA, whether by Agency staff, contractors, or other entities. Communication materials are any and all documents and presentations intended for audiences outside the Agency, including but not limited to:

* fact sheets, newsletters, brochures, flyers

* press releases, advisories, other media materials

* exhibits, posters

* summaries, monographs, proceedings

* slides, overhead transparencies, posters

* audio and videotapes, films

* Internet publications

Internal Publications -not more than 50 copies are to be distributed outside HHS- are excepted from this requirement. Where appropriate, the words Division of Transplantation shall be included below the HRSA logo. Only the Agency Administrator may grant an exception to the policy.

C. Title 44 of the U.S. Code requires that the printing of any publication developed under this contract shall be done by the Government Printing Office. Printing shall be coordinated through the Project Officer.

H.2 Rights in Data/Publication

The Contractor shall state on reports and publications required by this contract that data and analyses contained in the report or publication have been supplied by the Contractor, that the authors alone are responsible for reporting and interpretation and that all or part of the data used to compile these publications were collected pursuant to a contract with the Depart of Health and Human Services, Health Resources and Services Administration, Healthcare Systems Bureau, Division of Transplantation. Where there has been a substantial contribution by HRSA staff in the initial analysis or in the writing of the report or publication, those staff shall be included as authors. The Contractor must not publish or disseminate data or information from this project without providing an advanced copy to the Project Officer for review and comment.

The Contractor shall provide any and all data collected by the Contractor to the Federal Government upon request, including data that contain patient-identifiable, donor-identifiable, bank-identifiable, or transplant-center identifiable information.

H.3 Printing and Duplicating The printing of government documents must be accomplished through the Government Printing Office or its field printing plants, unless otherwise approved by the congressional Joint Committee on Printing (JCP). Contractors and grantees are not intended to be prime or substantial sources of printing for government agencies. Contractors may prepare copy, illustrative material, forms, etc. and/or camera ready copy for the purpose of producing publications.

Regarding the use of private funds for printing, the regulations state that when appropriated funds are used to create information for publication, the printing of that information cannot be made available to a private publisher for publication without prior approval of the JCP.

H.4 Electronic and Information Technology Accessibility

Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), as amended by P.L. 105-220 under Title IV (Rehabilitation Act Amendments of 1998) and the Architectural and Transportation Barriers Compliance Board Electronic and Information Technology (EIT) Accessibility Standards (36 CFR Part 1194) require that all EIT acquired must ensure that:

1. Federal employees with disabilities have access to and use of information and data that is comparable to the access and use by Federal employees who are not individuals with disabilities; and

2. Members of the public with disabilities seeking information or services from an agency have access to and use of information and data that is comparable to the access to and use of information and data by members of the public who are not individuals with disabilities.

This requirement includes the development, procurement, maintenance, and/or use of EIT products/services; therefore, any proposal submitted in response to this must demonstrate compliance with the established EIT Accessibility Standards. Further information about Section 508 is available via the Internet at http://www.section508.gov.

H.5 Storage Requirement

If, for any reason, it is not possible to fulfill the 10-year storage requirement of this contract, or if the Contractor cannot meet, throughout the 10-year contract period, the requirements of this contract regarding participation in the Cord Blood Coordinating Center, and regarding listing and distributing cord blood units through the Coordinating Center, the Contractor must transfer at no cost to the Government all HRSA-reimbursed NCBI cord blood units (including any NCBI cord blood units previously transferred from other cord blood banks to the Contractor), together with all associated samples and documentation, to another qualified cord blood bank approved by HRSA. The purpose of this provision is to ensure the continued availability of these units through the Program.

SECTION I - CONTRACT CLAUSES

52.202-1 Definitions

JUL 2004

52.203-3 Gratuites

APR 1984

52.203-5 Covenant Against Contingent Fees

APR 1984

52.203-6 Restrictions on Subcontractor Sales to the Government

JUL 1995

52.203-7 Anti-Kickback Procedures

JUL 1995

52.203-8 Cancellation, Rescission, and Recovery of

Funds for Illegal or Improper Activity

JAN 1997

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity

JAN 1997

52.203-12 Limitation on Payments to Influence

Certain Federal Transactions

SEP 2005

52.204-7 Central Contractor Registration

OCT 2003

52.204-4 Printing/Copying Double-Sided on

Recycled Paper

AUG 2000

52.209-6 Protecting the Governments Interest When

Subcontracting with Contractors Debarred, Suspended or Proposed for Debarment

JAN 2005

52.215-2 Audit and Records - Negotiation

JUN 1999

52.215-8 Order of Precedence - Uniform Contract

Format

OCT 1997

52.215-10 Price Reduction for Defective Cost or

Pricing Data

OCT 1997

52.215-12 Subcontractor Cost or Pricing Data

OCT 1997

52.215-15 Pension Adjustments and Asset Reversions

JAN 2004

52.215-18 Revision or Adjustment of Plans for

Postretirement Benefits (PRB) Other

Than Pensions

JUL 2005

52.215-19 Notification of Ownership Changes.

(OCT 1997)

(a) The Contractor shall make the following notifications in writing:

(1) When the Contractor becomes aware that a change in its ownership has occurred, or is certain to occur, that could result in changes in the valuation of its capitalized assets in the accounting records, the Contractor shall notify the Administrative Contracting Officer (ACO) within 30 days.

(2) The Contractor shall also notify the ACO within 30 days whenever changes to asset valuations or any other cost changes have occurred or are certain to occur as a result of a change in ownership.

(b) The Contractor shall--

(1) Maintain current, accurate, and complete inventory records of assets and their costs;

(2) Provide the ACO or designated representative ready access to the records upon request;

(3) Ensure that all individual and grouped assets, their capitalized values, accumulated depreciation or amortization, and remaining useful lives are identified accurately before and after each of the Contractor's ownership changes; and

(4) Retain and continue to maintain depreciation and amortization schedules based on the asset records maintained before each Contractor ownership change.

(c) The Contractor shall include the substance of this clause in all subcontracts under this contract that meets the applicability requirement of FAR 15.408(k).

52.217-7 Option for Increased Quantity -

Separately Priced Line Item

MAR 1989

(within 30 days)

52.217-8 Option to Extend Services

NOV 1999

52.217-9 Option to Extend the Term of the

Contract

MAR 2000

(within 30 days)

(intent to extend at least 60 days)

(shall not exceed 3 years)

52.219-8 Utilization of Small Business Concerns

OCT 2000

52.222-2 Payment of Overtime Premiums

JUL 1990

52.222-3 Convict Labor

JUN 2003

52.222-21 Prohibition of Segregated Facilities

FEB 1999

52.222-26 Equal Opportunity

APR 2002

52.222-35 Affirmative Action for Disabled Veterans and Veterans of the Vietnam Era

DEC 2001

52.222-36 Affirmative Action for Workers with

Disabilities

JUN 1998

52.222-37 Employment Reports on Disabled Veterans and Veterans of the Vietnam Era

DEC 2001

52.222-39 Notification of Employee Rights Concerning

Payment of Union Dues or Fees

DEC 2004

52.223-5 Pollution Prevention and Right to

Know Information

AUG 2003

52.223-6 Drug-Free Workplace

MAY 2001

52.223-10 Waste Reduction Program

AUG 2000

52.223-13 Certification of Toxic Chemical Release

Reporting

OCT 2000

52.223-14 Toxic Chemical Release Reporting

AUG 2003

52.225-1 Buy American Act - Supplies

JUN 2003

52.225-13 Restrictions on Certain Foreign Purchases

FEB 2006

52.226-1 Utilization of Indian Organizations and Indian-Owned Economic Enterprises

JUN 2000

52.227-1 Authorization and Consent

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement

AUG 1996

52.227-14 Rights in Data - General

JUN 1987

52.230-2 Cost Accounting Standards

APR 1998

52.230-3 Disclosure and Consistency of Cost

Accounting Practices

APR 1998

52.230-6 Administration of Cost Accounting

Standards

NOV 1999

52.232-1 Payments

APR 1984

52.232-8 Discounts for Prompt Payment

FEB 2002

52.232-9 Limitation on Withholding of Payments

APR 1984

52.232-12 Advance Payments

MAY 2001

52.232-17 Interest

JUN 1996

52.232-23 Assignment of Claims

JAN 1986

52.232-25 Prompt Payment

52.232-33 Payment by Electronic Funds Transfer-

Central Contractor Registration

52.233-1 Disputes

JUL 2002

52.233-3 Protest after Award

AUG 1996

52.237-3 Continuity of Services

JAN 1991

52.242-13 Bankruptcy

52.243-1 Changes - Fixed Price

AUG 1987

52.244-2 Subcontracts. (AUG 1998)

(e) If the Contractor has an approved purchasing system, the Contractor nevertheless shall obtain the Contracting Officer's written consent before placing the following subcontracts: [ ]

(k) Paragraphs (d) and (f) of this clause do not apply to the following subcontracts, which were evaluated during negotiations: [ ]

52.244-5 Competition in Subcontracting.

DEC 1996

52.244-6 Subcontracts for Commercial Items

FEB 2006

52.246-25 Limitation of Liability--Services

FEB 1997

52.248-1 Value Engineering

FEB 2000

52.249-2 Termination for Convenience of the

Government (Fixed Price)

SEP 1996

52.249-8 Default (Fixed-Price Supply and Service)

APR 1984

52.249-14 Excusable Delays

52.253-1 Computer Generated Forms

JAN 1991

52.252-2 Clauses Incorporated by Reference. (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http:www.arnet.gov/far

DEPARTMENT OF HEALTH AND HUMAN SERVICES ACQUISITION REGULATIONS

352.202-1 Definitions

JAN 2001

352.224-70 Confidentiality of information

APR 1984

352.228-7 Insurance - Liability to third persons

DEC 1991

352.232-9 Withholding of contract payments

APR 1984

352.233-70 Litigation and claims

352.242-71 Final decisions on audit findings

APR 1984

352.270-1 Accessibility of meetings, conferences, and seminars to persons with disabilities

JAN 2001

352.270-5 Key personnel

352.270-6 Publication and publicity

JUL 1991

352.270-7 Paperwork Reduction Act

The HHS clauses may be obtained electronically at www.hhs.gov/oamp, under Division of Acquisition Policies, Acquisition Policies, HHSAR, or upon request, from the Contracting Officer.

SECTION J - LIST OF ATTACHMENTS

J.1 The following attachments are made part of this solicitation:

Attachment Title

Pages A

Statement of Work

B

Collection Progress Reports

C

Summary Tables

D

Business Proposal Tables

E

Disclosure of Lobbying Activities 2

SF-LLL

F

Past Performance Questionnaire and Letter

G

Cost Proposal Format 2

H

Certificate of Current Cost or Pricing Data

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS OR QUOTERS K.1 The Offeror makes the following Representations and Certifications as part of its proposal.

RFP No.____________________________________

(Name of organization)

(Signature of authorized individual) (Date)

(Type name of authorized individual)

TIN No. ____________________________________

DUNS No.____________________________________

Note: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.

K.2. The Offeror certifies that it has registered at www.ccr.gov , as required by FAR clause 52.204-7.

K.3 The Offeror certifies that under NAICS Code 541614, it qualifies as a (check all that apply)

ADVANCE \d 4 ___Small business concern

___Small Disadvantaged Business Concern

___Small Disadvantaged Business Concern (8a Participant)

___Women-owned small business concern

___Veteran-owned small business concern

___Service-disabled veteran-owned small business concern

___HUBZone small business

K.4 52.204-8 Annual Representations and Certifications (JAN 2005)

(a)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (b) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the Offeror is currently registered in CCR, and has completed the ORCA electronically, the Offeror may choose to use paragraph (b) instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (b) applies.

[ ] (ii) Paragraph (b) does not apply and the Offeror has completed the individual representations and certifications in the solicitation.

(b) The Offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov. After reviewing the ORCA database information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [Offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause # Title Date Change

K. 5. 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. (SEPT 2005)

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR

QUOTERS

L.1 PROPOSAL INSTRUCTIONS: FORMAT AND CONTENTS

A.

GENERAL INSTRUCTIONS

1.

The following instructions establish the acceptable minimum requirements for the format and content of proposals. Your special attention is directed to the requirements for technical and business proposals to be submitted in accordance with these instructions.

2.

Business and technical proposals shall be submitted separately and clearly labeled "Business Proposal" and "Technical Proposal". Each of the proposals shall be separate and complete in itself so that evaluation of one may be accomplished independently of evaluation of the other. Volume I shall include a statement indicating whether or not any exceptions are taken to the terms and conditions of the RFP as part of the proposal transmittal letter. Any exceptions taken shall include identification of the specific paragraphs and rationale for each exception. Exceptions shall also be noted in the proposal, at the location of the exception. The proposal shall be submitted in volumes as outlined below:

Volume I

Executive Summary & Technical Proposal as outlined in Paragraph B below

Volume II

Business Proposal including Administrative & Proposed Contractual

Documents, Section K of this Solicitation (Representations, Certifications, and Other Statements of Offeror), Rate Agreements, Salary

Documentation, etc.

3.

Proposals shall be single spaced and shall be printed on 8.5 x 11 inch paper containing text no smaller than 12 pitch/10 point. Each page shall be numbered and each volume shall be tabbed to correspond to the Table of Contents. Offerors may include 11 x 17 inch foldouts only to display graphics, flow charts, organizational charts, or drawings.

4.

Where data/information appears in one part, it does not have to be repeated in any other part. However, it shall be cross referenced by indicating the specific location including the volume and page number as a minimum. The clarity, relevance, and conciseness of the proposal is important, not the length.

5.

No cost or pricing data shall be included in either the Executive Summary or Technical Proposal. Conversely, no technical or management information shall be contained in the cost proposal except for basic cross referencing purposes. However, resource information, such as data concerning labor hours and categories, materials, subcontracts, etc., must be contained in the technical proposal so that your understanding of the scope of the work may be evaluated. It must disclose your technical approach in sufficient detail to provide a clear and concise presentation that includes, but is not limited to, the requirements of the technical proposal instructions.

6.

The proposal must be signed by an official authorized to bind your organization. The following quantities are required:

Technical Proposal:

Hard Copies-one original and nine copies

Compact Disc-ten copies

Business Proposal:

Hard copies-one original and three copies

Compact Disc-three copies

Submit to:

HHS/HRSA/OAFM/DPM

Attn: Daniel Matusiewicz

5600 Fishers Lane, Room 13A-19

Rockville, Maryland 20857

Marked for: 08-N234-6002 7.

You may, at your discretion, submit alternate proposals, or proposals which deviate from the requirements; provided, that you also submit a proposal for performance of the work as specified in the statement of work. These proposals may be considered if they are in the best interest of the Government. Alternate proposals, or deviations from any requirements of this RFP, must be clearly identified.

8.

The Government will evaluate proposals in accordance with the evaluation criteria set forth in Section M of this request for proposals.

9.

It is understood that your proposal will become part of the official contract file.

10.

The RFP does not commit the Government to pay any cost for the preparation and submission of a proposal. In addition, the Contracting Officer is the only individual who can legally commit the Government to the expenditure of public funds in connection with this proposed acquisition.

11.

Understanding of this requirement must be demonstrated by more than a reiteration of the Statement of Work (SOW). Statements that the offeror understands can or will comply with all requirements of the SOW and phrases such as "Standard procedures will be employed" or "well known techniques will be used" will be considered insufficient.

12.

The Technical Proposal should not exceed 25 pages, excluding any attachments and resumes. Supplementary information further demonstrating the offeror’s capability to perform this statement of work, such as published reports, may be submitted outside of this page limit; however, the Technical Proposal itself must provide a sufficient basis for evaluation by the Government, without need to refer to such supplementary information. The information must be keyed to each task and subtask in the Statement of Work.

B.

TECHNICAL PROPOSAL INSTRUCTIONS

To facilitate proposal evaluations, the offeror shall submit as a part of the proposal, a separate enclosure entitled "Technical Proposal." The data and information should be keyed to each paragraph of the Technical Proposal requirements as outlined below. Under no circumstances is any cost to be shown in the Technical Proposal; however, unpriced details of labor hours and other direct cost shall be included.

1. Proposals which merely offer to conduct a program in accordance with the requirement of the Government's Statement of Work will not be eligible for award. You must submit an explanation of the proposed technical approach in conjunction with the tasks to be performed in achieving the project objectives.

2. The technical proposal must include information on how the project is to be organized, staffed, and managed. Information should be provided which will demonstrate your understanding and management of important events or tasks. You must explain how the management and coordination of consultant and/or subcontractor efforts will be accomplished.

3. The technical proposal must include a list of names and proposed duties of the professional personnel, consultants, and key subcontractor employees assigned to the project. Their resumes should be included and should contain information on education, background, recent experience, and specific scientific or technical accomplishments.

4. The technical proposal must contain a discussion of present or proposed facilities and equipment which will be used in the performance of the contract.

5.

The proposal shall fully describe the proposed technical approach to meet each of the requirements specified under the Description and Statement of Work.

6. Offerors must address in their technical proposal how they will fulfill the Mandatory Requirements, and the Technical Requirements, as set forth below:

a. MANDATORY REQUIREMENTS

1) The organization must establish that it and any of its Subcontractors are located within the 50 states or Puerto Rico, and the units supplied are of U.S. or Puerto Rican origin.

2) The Offeror must be accredited by an established program for cord blood bank accreditation (i.e., AABB or the Foundation for the Accreditation of Cellular Therapy (FACT)) or be in the process of obtaining accreditation by one of these organizations. Cord blood banks not currently accredited may submit a proposal but must credibly demonstrate how they will achieve full accreditation status within 45-days of the published closing date for this solicitation. For CBB in the process of obtaining accreditation, the Offeror’s proposal must describe which steps have been completed, expected dates to complete remaining requirements, and the date by which the Offeror expects to be fully accredited. The Government will not reimburse for cord blood units collected prior to the bank achieving accreditation.

3) The organization must demonstrate an established program of public cord blood banking with a minimum inventory of 500 public CBU that were collected by the Offeror and are suitable for unrelated donor transplantation. Offerors must have an active public cord blood collection program and provide evidence that the bank has maintained proficiency in collecting and storing high quality CBU suitable for unrelated donor transplants and is prepared to begin the collections proposed by the bank without delay. Evidence of collecting and storing, on average over the past 3-months, at least as many units as the Offeror proposes to collect per month in the first year would be helpful in this regard. CBU suitable for unrelated donor transplants meet all requirements of the FDA for cord blood units intended for use in unrelated transplantation, any similar State or local legal requirements that apply to the bank, the listing requirements of the Cord Blood Coordinating Center, and the requirements of the organization by which the bank is accredited.

Offerors which are principally engaged in private banking (i.e., collecting and storing cord blood units for family use) may apply if they also have an established program of public cord blood banking which meets the requirements of the RFP.

Organizations interested in specific identified tasks within the Statement of Work may not apply independently under this solicitation, but may do so as subcontractors to applicant offerors.

b. REQUIRED SUPPLEMENTARY INFORMATION (These items do not count toward the technical proposal page limits. Note that although this supplementary information is required, the technical proposal alone should provide a sufficient basis for evaluation by the Government, without need to read such supplementary information):

1) The Offeror must complete the summary tables contained in Attachment C.

2) The Offeror must provide evidence of accreditation, including expiration date of current accreditation, from an established program for cord blood bank accreditation (i.e., AABB or the Foundation for the Accreditation of Cellular Therapy, FACT).

3) If applicable, the Offeror must provide a letter of ongoing commitment of resources for the cord blood bank program from the parent organization. The letter should commit to support the program for at least the 10-year period of the NCBI contracts.

4) The Offeror must submit verification of FDA registration/listing or an exemption from this requirement. If the FDA has inspected the Offeror in the past 24-months, the Offeror must include a copy of the inspection report and any reports submitted to the FDA as a result of that inspection. The Offeror must describe any corrective actions that were taken as a result of the inspection.

5) The Offeror must attach a copy of the SOP(s) currently in use for CBU processing.

6) The Offeror must attach a copy of the SOP currently in use for the cryopreservation process.

7) The Offeror must provide the SOP table of contents that includes the date of implementation and date of last revision of the established standard operating procedures that ensure the operation of a quality CBB.

8) The Offeror must include a copy of the current informed consent document they use at each of the proposed collection hospitals and describe any changes that will be implemented for NCBI collections, including the timeline for full implementation of any changes.

9) The Offeror must provide resumes and/or letters of intent detailing the training and experience of professional staff assigned to this contract.

10) Offerors should demonstrate the appropriateness of time proposed for each staff member and consultant for each task (per person-loading matrix).

11) The Offeror must include evidence of liability insurance and other relevant insurance such as insurance against loss of inventory.

12) The Offeror must provide a copy of the written agreements with collection sites in which the Offeror proposes to collect CBU for the NCBI or a timeline for having such agreements in place.

13) The Offeror must include a proposed schedule, by month, for the number of NCBI CBU to be collected and stored in each of the broad race/ethnic categories indicated in Table B.2.b. (for the first 3 years of the contract).

c. TECHNICAL REQUIREMENTS:

1) Corporate Capability and Experience:

a. The Offeror must demonstrate organizational capability to satisfactorily carry out the 10-year term of this contract recognizing that Federal funding will be provided for no more than 3-years from the date of award. The Offeror must provide evidence of financial viability including a description of its business plan and any letters of commitment regarding financial or other support from a parent organization, if applicable.

b. The Offeror must describe a plan to achieve ongoing financial self-sufficiency of CBB operations after the limited period of HRSA support, as expected by the Congress.

c. The Offeror must describe its relevant experience for this contract including, but not limited to: donor recruitment; donor education; establishing and maintaining collection facility relationships; types of collection models used; training of collection staff and other bank staff; collection and storage of CBU; establishing a genetically diverse (race/ethnicity) inventory including encouraging donations from a genetically diverse group of donors; making CBU available for transplantation (e.g., listing, facilitating search requests, typing and matching experience, reservation practices, distribution of CBU and associated samples), and; collection of data from transplant centers on CBU product characteristics and patient outcomes. HRSA is particularly interested in selecting banks demonstrating a superior ability to collect and bank CBU from underrepresented populations, especially African-Americans.

d. The Offeror must have obtained all applicable Federal and State licenses including: investigational new drug applications (INDs) as required by the FDA; certifications; registrations; and, other requirements to operate and maintain a public cord blood bank. If NCBI CBU will be collected under the Offeror’s existing IND, the Offeror must describe the applicable IND. The Offeror must state whether a Biological License Application (BLA) for cord blood operations has been submitted to the FDA. If a BLA has not been submitted, the Offeror must address its intent and timeline for BLA submission.

e. The Offeror must have documented plans and ability to comply with all Federal safety guidelines and regulations for collecting, processing, storing (maintaining cryopreserved CBU and associated sample inventory), retrieving, minimizing exposure to potential CBU warming events (as defined in the SOW of this solicitation), and shipping CBU.

f. The Offeror must thoroughly describe its performance regarding public banking for the past 12-months and, at a minimum describe: the number of units collected and stored; characteristics of units collected and banked (including racial and ethnic diversity); collection sites; and, number of units released for transplant. HRSA is particularly interested in selecting banks demonstrating a superior ability to collect and bank CBU from underrepresented populations, especially African-Americans.

g. The Offeror must describe its demonstrated ability to obtain complete, timely, and accurate patient outcomes data on CBU released for transplant (both in the aggregate as well as U.S. versus foreign transplants). The offeror must describe the dataset and collection procedures.

h. The Offeror must describe any provisions and/or relationships, legal or other, that would limit or preclude its full participation in the C.W. Bill Young Cell Transplantation Program and making available for search and distribution through the Cord Blood Coordinating Center all cord blood units (NCBI and non-NCBI) that are suitable for transplant, regardless of who operates the Cord Blood Coordinating Center for the Program. The Offeror must describe any claims or rights to the NCBI units that may affect its ability to comply with the terms of the RFP, including HRSA’s rights under certain circumstances to direct the transfer of NCBI units to another bank, as stipulated in the RFP.

2) Technical Approach

a. The Offeror must describe how it plans to process and cryopreserve CBU collected for the NCBI and any differences from current practices of the CBB and address the following: how long the Offeror has processed and cryopreserved CBU using the methods proposed for NCBI CBU; how the Offeror ensures that the time from cord blood collection to storage yields the highest possible quality for each unit; and, what procedures are used to ensure that each CBU has successfully completed the cryopreservation process. If the Offeror proposes changes to their current technical approach in response to this RFP, the Offeror must provide a timeline for the full implementation of the change(s).

b. The Offeror must describe the process used for cryopreservation of the CBU including which parts of the process are manually performed and which parts, if applicable, are automated (e.g., addition of the cryoprotectant).

c. The Offeror must describe, as applicable, which parts of the processing and cryopreservation operations are performed as an open system and which tasks are performed in a biohazard safety hood. If the Offeror uses a method of processing that is not commonly practiced at other banks, please address the differences in this practice and the rationale for selecting this method.

d. The Offeror must describe where CBU will be stored, anything else that will be stored with CBU (in the same freezer), and how CBU will be retrieved from the bank inventory for further testing, reserving, and shipping to the transplant center.

e. The Offeror must describe how CBU identification numbers are assigned and used to track search requests, status, and availability. The Offeror must describe how HRSA reimbursed units will be reliably identified. The Offeror must describe how the chain of custody of each CBU is documented from the time of collection to transfer to the transplant center.

f. The Offeror must address each of the following regarding storage of CBU: the alarm settings for freezers (e.g., liquid levels or temperature set points); the maximum (warmest) temperature a unit may reach during long-term storage and during the addition and retrieval of units; how the Offeror validates the maximum temperature for the long-term storage of CBU; how the Offeror determines the long-term storage temperature requirements to minimize the risk of transient warming during daily bank operations, during storage system failures, and during power disruptions or outages; and, how the Offeror determines what storage temperature allows sufficient time to salvage units in the event of a storage system problem or power source interruption.

g. The Offeror must address whether overwrap is currently being utilized on cryopreserved CBU and if the overwrap and long-term storage bags have been validated to maintain their integrity at temperatures as low as -196°C.

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