Technical Assurance SOW 9092009.doc

This project is funded through the American Recovery and Reinvestment Act of 2009 (ARRA) and is subject to the reporting requirements of the act.

STATEMENT OF WORK

Technical Review of Assurance Documents to meet Laboratory Animal Welfare Requirements

This is a combined synopsis/solicitation. This acquisition will be conducted under the procedures for acquiring commercial items authorized in FAR Part 12 and under the authority to use simplified acquisition procedures for commercial requirements provided in FAR 13.5. This announcement constitutes the formal Request for Quotation (RFQ) and a separate written solicitation WILL NOT be issued. The solicitation number is RFQ No. NLM-09-195-SB. This acquisition is a 100% small business set-aside and the NAICS Code is 541611. It is anticipated that the resultant purchase order will be fixed price.

BACKGROUND

The Office of Laboratory Animal Welfare (OLAW), OER, NIH, is responsible for the general administration and implementation of the PHS Policy on Humane Care and Use of Laboratory Animals (PHS Policy). The Policy was promulgated in 1986 to implement the Health Research Extension Act of 1985 and requires institutions to establish and maintain proper measures to ensure the appropriate care and use of all animals involved in research, research training, and biological testing activities conducted or supported by the PHS. OLAW is responsible for the general administration and coordination of the Policy on behalf of the PHS.

The American Recovery and Reinvestment Act of 2009 (ARRA) has resulted in a dramatic increase in the number of grants requiring vertebrate animal section review by OLAW personnel. This along with the current spike in the number of assurance documents under review through calendar year 2009 due to the change in renewal policy requiring four year renewals, leaves OLAW with the immediate need for professional support and expertise in the PHS Policy and, in particular, expertise and familiarity in handling both NIH grant and assurance issues.

SCOPE OF WORK

Provide professional staff support to the OLAW Division of Assurances on site or remotely for approximately 20 hours per month, for a period of 12 months from the date of award with one additional option year.

REQUIRED TASKS

· Review and analyze documents for the Division of Assurances. Tasks will include review of grants documents for appropriateness of sections describing animal use and performance sites to determine assurance need.

· Review grant data in IMPACII associated with requests from IC grants managers and specialists to provide or obtain data necessary to make award (ie, communicate with grants management personnel and Institution to determine assurance, new full domestic, [conditional or restricted], foreign or inter-institutional appropriate with PHS Policy.)

· Review and negotiate Institutional Assurance documents, prepare draft materials (e.g., correspondence, guidance), and advise the Director and Assurance Division on technical matters requiring expertise in the PHS Policy, and implementation of the Guide for the Care and Use of Laboratory Animals.

· Participate in meetings with OLAW staff in person or via teleconference if necessary.

MANDATORY REQUIREMENTS

· Demonstrated extensive knowledge of Animal Welfare Assurance documents, (domestic, foreign, inter-institutional) and processes

· Demonstrated knowledge of PHS Policy and application of the recommendations of the Guide for the Care and Use Laboratory Animals for appropriate review of Vertebrate Animal Section content.

· Demonstrated understanding and knowledge of NIH Grants Policy and experience with the NIH grant application process related to the PHS 398, Vertebrate Animal Section.

· Demonstrated comprehensive understanding of animal care and use programs and IACUC oversight of animal model research

PERIOD OF PERFORMANCE

12 months from date of award with one additional one year option

REPORTING DELIVERABLES

Review documents:

· For appropriate animal care and use program components

· identify missing components

· ensure documents meet the requirements of

· PHS Policy

· the Guide for the Care and Use of Laboratory Animals

· AVMA Guidelines for Euthanasia

· The Animal Welfare Act and Regulations

· list clarifications necessary to attain completed document

Prepare correspondence requesting clarification

Review updated responses and acknowledge acceptance of document to administrative personnel, program official and/or grant management.

EVALUATION CRITERIA

Factor 1 – Technical Solution – 50 Points

· The Offeror shall be evaluated on how well the proposal meets the OLAW objectives, and is technically proficient with the PHS Policy, the Guide for the Care and Use of Laboratory Animals, The AVMA Guidelines for Euthanasia and the the Animal Welfare Act and Regulations. This factor includes the following items:

· Demonstrated capability to provide timely and accurate assistance to the NIH Extramural Program.

· Demonstrated capability to review and analyze animal welfare documents.

· Demonstrated capability to develop and prepare correspondence rated to compliance with animal welfare regulations.

Factor 2 – Management – 25 Points

Project and Task Management – 25 Points

The Offeror shall be evaluated on how well the Offeror addresses its approach to perform task activities management for this effort. This include such items as planning the activities document review, organizing, and controlling the execution of the task, monitoring progress, status reporting, resolving critical issues, and planning for subsequent phases of work.

Factor 3– Past Experience and Performance – 25 Points

The evaluation of this factor will provide an indication of the Offeror’s demonstrated capability to:

· Review documents for completeness of animal care and use program components

· Identify missing components of Assurances and grant applications or other similar government documents to ensure they meet the requirements of

· PHS Policy

· the Guide for the Care and Use of Laboratory Animals

· AVMA Guidelines for Euthanasia

· The Animal Welfare Act and Regulations

· List clarifications necessary to attain completed documents

· Prepare effective correspondence for clarification requests, so that responder can effectively reply to requests for clarification

· Review updated responses and acknowledge acceptance of documents from federal entities

American Recovery and Reinvestment Act of 2009 (ARRA) Clauses and Unique Reporting Requirements FAR Clause 52.204-11, American Recovery and Reinvestment Act--Reporting Requirements (March 2009)

(a) Definitions. As used in this clause—

Contract, as defined in FAR 2.101, means a mutually binding legal relationship obligating the seller to furnish the supplies or services (including construction) and the buyer to pay for them. It includes all types of commitments that obligate the Government to an expenditure of appropriated funds and that, except as otherwise authorized, are in writing. In addition to bilateral instruments, contracts include (but are not limited to) awards and notices of awards; job orders or task letters issued under basic ordering agreements; letter contracts; orders, such as purchase orders, under which the contract becomes effective by written acceptance or performance; and bilateral contract modifications. Contracts do not include grants and cooperative agreements covered by 31 U.S.C. 6301, et seq. For discussion of various types of contracts, see FAR Part 16.

First-tier subcontract means a subcontract awarded directly by a Federal Government prime contractor whose contract is funded by the Recovery Act.

Jobs created means an estimate of those new positions created and filled, or previously existing unfilled positions that are filled, as a result of funding by the American Recovery and Reinvestment Act of 2009 (Recovery Act). This definition covers only prime contractor positions established in the United States and outlying areas (see definition in FAR 2.101). The number shall be expressed as "full-time equivalent" (FTE), calculated cumulatively as all hours worked divided by the total number of hours in a full-time schedule, as defined by the contractor. For instance, two full-time employees and one part-time employee working half days would be reported as 2.5 FTE in each calendar quarter.

Jobs retained means an estimate of those previously existing filled positions that are retained as a result of funding by the American Recovery and Reinvestment Act of 2009 (Recovery Act). This definition covers only prime contractor positions established in the United States and outlying areas (see definition in FAR 2.101). The number shall be expressed as "full-time equivalent" (FTE), calculated cumulatively as all hours worked divided by the total number of hours in a full-time schedule, as defined by the contractor. For instance, two full-time employees and one part-time employee working half days would be reported as 2.5 FTE in each calendar quarter.

Total compensation means the cash and noncash dollar value earned by the executive during the contractor's past fiscal year of the following (for more information see 17 CFR 229.402(c)(2)):

(1) Salary and bonus.

(2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments.

(3) Earnings for services under non-equity incentive plans. Does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees.

(4) Change in pension value. This is the change in present value of defined benefit and actuarial pension plans.

(5) Above-market earnings on deferred compensation which is not tax-qualified.

(6) Other compensation. For example, severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property if the value for the executive exceeds $10,000.

(b) This contract requires the contractor to provide products and/or services that are funded under the American Recovery and Reinvestment Act of 2009 (Recovery Act). Section 1512(c) of the Recovery Act requires each contractor to report on its use of Recovery Act funds under this contract. These reports will be made available to the public.

(c) Reports from contractors for all work funded, in whole or in part, by the Recovery Act, and for which an invoice is submitted prior to June 30, 2009, are due no later than July 10, 2009. Thereafter, reports shall be submitted no later than the 10th day after the end of each calendar quarter.

(d) The Contractor shall report the following information, using the online reporting tool available at http://www.FederalReporting.gov.

(1) The Government contract and order number, as applicable.

(2) The amount of Recovery Act funds invoiced by the contractor for the reporting period. A cumulative amount from all the reports submitted for this action will be maintained by the government's on-line reporting tool.

(3) A list of all significant services performed or supplies delivered, including construction, for which the contractor invoiced in this calendar quarter.

(4) Program or project title, if any.

(5) A description of the overall purpose and expected outcomes or results of the contract, including significant deliverables and, if appropriate, associated units of measure.

(6) An assessment of the contractor's progress towards the completion of the overall purpose and expected outcomes or results of the contract (i.e., not started, less than 50 percent completed, completed 50 percent or more, or fully completed). This covers the contract (or portion thereof) funded by the Recovery Act.

(7) A narrative description of the employment impact of work funded by the Recovery Act. This narrative should be cumulative for each calendar quarter and only address the impact on the contractor's workforce. At a minimum, the contractor shall provide—

(i) A brief description of the types of jobs created and jobs retained in the United States and outlying areas (see definition in FAR 2.101). This description may rely on job titles, broader labor categories, or the contractor's existing practice for describing jobs as long as the terms used are widely understood and describe the general nature of the work; and

(ii) An estimate of the number of jobs created and jobs retained by the prime contractor, in the United States and outlying areas. A job cannot be reported as both created and retained.

(8) Names and total compensation of each of the five most highly compensated officers of the Contractor for the calendar year in which the contract is awarded if--

(i) In the Contractor's preceding fiscal year, the Contractor received—

(A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; and

(B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; and

(ii) The public does not have access to information about the compensation of the senior executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986.

(9) For subcontracts valued at less than $25,000 or any subcontracts awarded to an individual, or subcontracts awarded to a subcontractor that in the previous tax year had gross income under $300,000, the Contractor shall only report the aggregate number of such first tier subcontracts awarded in the quarter and their aggregate total dollar amount.

(10) For any first-tier subcontract funded in whole or in part under the Recovery Act, that is over $25,000 and not subject to reporting under paragraph 9, the contractor shall require the subcontractor to provide the information described in (i), (ix), (x), and (xi) below to the contractor for the purposes of the quarterly report. The contractor shall advise the subcontractor that the information will be made available to the public as required by section 1512 of the Recovery Act. The contractor shall provide detailed information on these first-tier subcontracts as follows:

(i) Unique identifier (DUNS Number) for the subcontractor receiving the award and for the subcontractor's parent company, if the subcontractor has a parent company.

(ii) Name of the subcontractor.

(iii) Amount of the subcontract award.

(iv) Date of the subcontract award.

(v) The applicable North American Industry Classification System (NAICS) code.

(vi) Funding agency.

(vii) A description of the products or services (including construction) being provided under the subcontract, including the overall purpose and expected outcomes or results of the subcontract.

(viii) Subcontract number (the contract number assigned by the prime contractor).

(ix) Subcontractor's physical address including street address, city, state, and country. Also include the nine-digit zip code and congressional district if applicable.

(x) Subcontract primary performance location including street address, city, state, and country. Also include the nine-digit zip code and congressional district if applicable.

(xi) Names and total compensation of each of the subcontractor's five most highly compensated officers, for the calendar year in which the subcontract is awarded if--

(A) In the subcontractor's preceding fiscal year, the subcontractor received--

(1) 80 percent or more of its annual gross revenues in Federal contracts (and subcontracts), loans, grants (and subgrants), and cooperative agreements; and

(2) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), and cooperative agreements; and

(B) The public does not have access to information about the compensation of the senior executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986.

The following FAR provisions and clauses sited herein are also incorporated by reference into this solicitation. Full text of clauses and provisions are available at Federal Acquisition Regulation (FAR): http://ww.arnet.gov/far/.

52.203-15 Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009.

All Contractors which are awarded ARRA funding must be in compliance with the reporting requirements of 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements. If the contractor fails to comply with the reporting requirements, the contracting officer shall exercise appropriate contractual remedies. The contracting officer shall make the contractor’s failure to comply with the reporting requirements a part of the Contractor’s performance information under Subpart 42.15.

OFFERS

All proposals must be submitted electronically by 3:00 p.m. (local prevailing time) on September 24, 2009. All responses must be in writing and must include pricing information and meet the criteria requirement. All responses from responsible sources will be considered. All proposals and inquiries regarding this procurement must be submitted via e-mail to boakyesA@mail.nih.gov . All questions regarding the combined synopsis/solicitation must be received by Friday September 16, 2009. Please reference the solicitation number “NLM-09-195-SB” on your proposal and/or inquiries. Facsimile submissions are not authorized and collect calls with NOT be accepted.