11-223-SOL-00119 Continuation 7-13.doc

11-223-SOL-00119

B.3

OVERVIEW OF PRICING SCHEDULES

Year 1: September 26, 2011 to September 25, 2012

Project/Operations Manager

Lead Technician/Post Production Specialist

Video Teleconference Technician*

Junior Video Teleconference Technician*

*Labor Category subject to Service Contract Act (see Attachment D - Wage Determination)

Year 2: September 26, 2012 to September 25, 2013

Project/Operations Manager

Lead Technician/Post Production Specialist

Video Teleconference Technician*

Junior Video Teleconference Technician*

Year 3: September 26, 2013 to September 25, 2014

Project/Operations Manager

Lead Technician/Post Production Specialist

Video Teleconference Technician*

Junior Video Teleconference Technician*

Year 4: September 26, 2014 to September 25, 2015

Project/Operations Manager

Lead Technician/Post Production Specialist

Video Teleconference Technician*

Junior Video Teleconference Technician*

Year 5: September 26, 2015 to September 25, 2016

Project/Operations Manager

Lead Technician/Post Production Specialist

Video Teleconference Technician*

Junior Video Teleconference Technician

NOTE: Additional labor categories can be added as necessary and the rates will be negotiated at the time of inclusion.

The Contractor’s pricing schedules for labor categories shall contain loaded hourly rates for both regular and outside regular business hours. The loaded hourly rates for each labor category shall be fully burdened to include wages, indirect costs, fringe benefits, overhead, general and administrative, and profit. Hourly rates shall apply to services at both Government and non-Government sites.

B.4

PRICING TERMS

The ceiling specified in Labor Hour task order shall be fixed for the task order period of performance and shall not be subject to adjustment; except, as a result of a direct action or inaction by the Government which delays the Contractor from completing the task order within the time specified in the task order.

For Firm Fixed Price (FFP) task orders issued under this contract, the applicable price for a task order shall be the price for the time period in which the services are estimated to be performed, as agreed to by the Government and the Contractor at the time the task order is issued. The price(s) specified in FFP task orders issued under this contract is/are fixed and not subject to adjustment.

Each Time and Material or Labor Hour task order shall contain a ceiling price. The Contractor shall comply with FAR 52.232-7 Payments Under Time-and-Materials and Labor-Hour Contracts (Feb 2007) in regards to the ceiling price for the individual task order(s).

B.5

AUTHORIZED ORDERING OFFICIALS

U.S Department of Food and Drug Administration, Office of Acquisitions & Grant Services Contracting Officers are authorized as ordering officials to place task orders under this contract.

B.6

MINIMUM AND MAXIMUM CONTRACT VALUE

(a) Award of the initial task order is the guaranteed minimum for the IDIQ contract.

(b) Estimated maximum ceiling for this contract is $20.0 million.

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENTtc \l2 "SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT C.1 General Information

C.1.1 Introduction

The Food and Drug Administration (FDA) is located in multiple buildings and locations throughout the Washington metropolitan area and throughout the United States. FDA is in need of technical and non-technical Audio Visual (AV) and conference, meeting and training room support at Government and off-site (non-Government) locations. The purpose of this Statement of Work is to provide an overview of services to be provided on an Indefinite Delivery Indefinite Quantity basis.

C.1.2 Background

The Central Shared Use building at the White Oak campus was designed to provide shared meeting space with Central Audio Visual support. A contract was established to support the White Oak Conference Center Audio Visual Support. FDA has recently been tasked with operating a new Great Room and additional conference, meeting and training rooms which support large conferences and public meetings. Additional requirements have been identified for ongoing maintenance and service requirements at White Oak and other locations. The ability to provide AV Services allows FDA to leverage sophisticated technology to enhance and support meetings and reduce travel requirements. An IDIQ is needed to meet the variety of needs and requirements that have been identified at White Oak, other locations in the Washington DC Metro area and possibly nationwide.

C.1.3 Scope

The contractor shall provide technical and non-technical audio-visual services to support meetings, training and conferences that are regularly and periodically held by the FDA in government and commercial facilities. Services may be needed on an ongoing basis such as may be required to support a conference facility or may be required on a one time basis for specific events. See technical requirements C.2.1

Technical support services are intended to leverage the use of conventional technology such as conference phones and/or advanced meeting technology such as video teleconference and webcasting equipment. Support services may include, as specified by individual task orders, maintenance of AV equipment and AV-related technology. Technical operation and interface of AV equipment with computer applications, data management and telephone equipment including video teleconference equipment shall be a requirement of the contract service providers.

Non-technical support services included the preparation of rooms for conference, meeting and training including the configuration and layout of furniture and light housekeeping as needed.

Additional requirements include regular maintenance of equipment, the researching and recommendation of service solutions for enhancement, modification and replacement of equipment, purchase and acquisition of supplies and equipment.

This IDIQ is a vehicle for service, minor repairs and to replace and upgrade existing minor equipment. These additional requirements are listed, but are secondary to the requirements listed above. This is not the intended vehicle for design and installation of major systems.

C.2 Work Requirements

Tasks under this IDIQ contract will be specific to the location where services are to be provided and to the level of service required by individual organizations that are to be served. The contractor shall provide the appropriate level of support staff during regular business hours 7:00 a.m. through 7:00 p.m. or as specified by individual task orders awarded under this contract.

Technical personnel provided through this contract are required to have detailed knowledge of the internet, telephone technology, web casting, video conferencing, and advanced AV matrices. These operations require the ability to operate AV systems, recording equipment and post production needed to support routine operation of a variety of technological devices and services.

The contractor shall be capable of supporting multiple tasks of varying duration as short as one day or as long as one year with multiple options. Services may include but are not limited to provide training to users and creating training guides and Standard Operating Procedures for the operation of Audio Visual equipment. The technical personnel must have the ability to manage and manipulate reservations in a reservation scheduling system.

C.2.1 Program AV Support Services

C.2.1.1 Operation of Conference, Meeting and Training Room AV/IT and Telephone Technology

FDA network and telephone requirements are supported by the FDA Office of Information Technology service groups.

C.2.1.2 Webcast, Webinar and Video Teleconferences

Contractor shall create meeting URL and other logistics to establish meetings in Adobe ConnectPro and/or Meeting Place, and coordinate with other FDA Centers to ensure necessary bandwidth is available. Set host/presenter/ moderator/guest rights for Webcasts. Create internal bridge for Video Teleconferences. For Video Teleconferences, perform testing days before event for equipment compatibility and connectivity. Test video and audio connections prior to start of meetings, set all microphone levels and multiple camera angle presets. Provide support for duration of meeting including initiating and sharing of multiple presentations and assisting remote presenters as needed. Assist event coordinators and presenters with connectivity of FDA and personal computers to the Conference Room AV system. Assist remote end users with connectivity and content display.

C.2.1.3 Troubleshooting AV Setup

Perform auto adjust on video screen, set microphone levels and test any videos that are imbedded in presentations. Ensure all operability levels are set. Test equipment compatibility before day of event.

C.2.1.4 Audio-Visual Integrated Technology

The following are examples of audio visual integrated computer application requirements.

· periodic re-imaging of training computers

· invoking warranties of computer equipment for repair or replacement

· arranging for the installation of new telephone and data ports

· activation of new and existing telephone and data ports

· assist meeting presenters with access to local accounts and to network accounts

C.2.1.5 Room Lighting and Climate Control

Contractor shall have knowledge of lighting control consoles, lighting systems, light control and climate control modules presets (systems to be defined at the task order level).

C.2.1.6 Transcription Services Contractor shall be capable of coordinating with transcription providers to ensure both AV and transcription equipment compatibility as specified by individual task orders on an as needed basis.

C.2.1.7 Scheduling System

Service personnel shall be capable of working with the variety of room scheduling systems that may be used by various FDA sites in scheduling meeting rooms (scheduling system(s) will be defined at the task order level).

C.2.1.8 Service Delivery

An emphasis on customer service practices shall be imparted to all service personnel and maintained at all times during operations.

C.2.1.9 Room Setup, Furniture Configuration and Light Housekeeping

Contractor shall provide set up drawings to client for various configurations to best suit their needs. Perform room configuration changes as requested, often with multiple room changes on a single day. Deliver equipment to individual events as requested, eg: flip charts, white boards, folding easels for displays. Microphones, slide changers, laser pointers on an as needed basis per event. Light housekeeping shall be performed if necessary and shall include, but is not limited to the following: removal of leftover meeting materials, erase all white boards, remove left over flip chart displays, vacuum if necessary, clean surfaces of tables, empty full trash cans, clear flip charts of used paper, remove food trash, empty coffee cups and water bottles, etc. Materials and equipment to be supplied by the Government.

C.2.2. Program Equipment, Furnish, Maintain and Repair

Work requirements under this contract may require tasks with the sole objective of providing ongoing or periodic maintenance and repair, or may include maintenance and repair associated with ongoing operations of specific facilities. The contractor shall, through self or subcontractor, meet the following objectives:

C.2.2.1 Program Equipment

Examples of technical responsibilities include routine repairs of equipment; keeping the inventory of equipment organized and in good working condition at all times; identification and coordination of necessary repairs and routine maintenance services as room availability allows; assist with maintenance of technical equipment/documentation for the proper operation and functions of the equipment; maintenance records, vendors call list, up to date and readily available. Maintenance may include items such as trouble shooting, restoration and reprogramming through equipment software.

C.2.2.2 Furnish As specified by individual task the vendor shall furnish all needed AV equipment to support on site and off site meetings.

C.2.2.3 Maintain

The contractor shall be capable of performing tasks for the exclusive purpose of program equipment maintenance and maintenance of equipment associated with ongoing operations. Service personnel/technicians shall develop a thorough knowledge of routine maintenance requirements for all technical equipment as specified by the manufacturer including all warranty information and expirations. In certain circumstances, contractor may recommend replacement of equipment in lieu of maintenance when determined to be more cost effective. Maintenance of equipment may also include diagnosing and repairing AV equipment, proposing upgrades to AV systems by researching technology that will improve operations.

C.2.2.4 Repair The contractor shall be capable of performing tasks for the exclusive purpose of program equipment repair and repair of equipment associated with ongoing operations. Service personnel/technicians shall develop a thorough knowledge of equipment manufacturers and sources to provide repairs of all equipment as specified by the manufacturer including all warranty information and expirations. In certain circumstances, contractor may recommend replacement of equipment in lieu of repair when determined to be more cost effective.

C.2.2.5 Purchasing

The contractor shall have purchasing capability to provide for maintenance, repair and replacement of ancillary supplies, and equipment including services for ongoing maintenance of equipment and system software. Purchasing will be funded as a direct cost line item in contract; in the event that any piece of equipment exceeds $3,000.00, the contractor shall submit a minimum of three (3) quotations to the Contracting Officer for purchase approval. Per incident, any total purchase amount shall not exceed $25,000.00.

C.2.2.6 Repair of Information Technology Equipment and Operating Systems Service personnel/technicians shall become proficient with requesting IT and IT-related support through the FDA Employee Resource Information Center (ERIC) that serves as a help desk when IT equipment and operating systems may be in need of maintenance or repair.

C.2.3 Public Meeting Support, Preparation and Set-up

As part of FDA’s regulatory function, public meetings are advertised in the Federal Register and held at public locations including government and commercial facilities. Contractor shall be capable of providing non-technical, technical and logistical support for these meetings. The non-technical and technical requirements for AV and computer applications for public meetings are consistent with the requirements as described under items C.2.1 and C.2.2 above.

Logistical requirements may include providing various audio visual and IT equipment needed to support public meetings on Government property and offsite locations as needed on a one-day and multiple day basis. Logistical requirements will be limited to meeting, training and conference related services and specifically excludes transportation of personnel, security and food service.

C.2.4 Other Direct Costs

A separate allocation of the contract budget will be identified for the purpose of purchasing equipment, supplies, software licenses and other material items integral to meeting room operations.

C.2.5 Deliverables

C.2.5.1 Reports

The contractor shall provide the Contracting Officer’s Technical Representative (COTR) regular, daily oral reports on the activities. The COTR may require deliverables such as weekly, monthly or annual reports. The COTR shall be notified immediately if there are unforeseen problems and/or emergencies.

C.2.5.2 Criteria for Acceptance of Deliverables

The COTR will review contractor deliverables in accordance with specifications and standards stated in the criteria established within task orders issued against this contract. The COTR has the authority to accept or reject deliverables.

The acceptance of deliverables and satisfactory work performance required herein shall be based upon the timeliness, accuracy and suitability of the deliverable. The specific deliverables and schedule for delivery shall be as agreed upon and documented at the task order level.

Deliverables shall be submitted to the Task Order COTR.

C.2.6 Description of Labor Categories

Potential labor categories for this requirement include but are not limited to:

C.2.6.1 Operations Manager Responsible for overseeing all conference operations and serves as primary point of contact to the COTR.

C.2.6.2 Lead Technician

Technical ability to provide technical oversight of other technicians, production experience and the ability to provide post production services as needed.

C.2.6.3 Senior Video Teleconference Technician

Proficient in all aspects of audio video services, video teleconference services, webinar and webcast services.

C.2.6.4 Junior Video Teleconference Technician

Performs daily setup, breakdown and organization of furniture and equipment for conference center events. Provides support to customers.

SECTION D - PACKAGING, MARKING AND SHIPPING

D.1

PACKAGING, MARKING AND SHIPPING INSTRUCTIONS

a. All deliverables required under this contract shall be packaged, marked and shipped in accordance with Government specifications as established at the task order level. At a minimum, all deliverables shall be marked with the contract number and contractor name. The Contractor shall guarantee that all required materials shall be delivered in immediate usable and acceptable condition.

b. The reports shall be delivered F.O.B. Destination as set forth in FAR Clause 52-247-35, F.O.B. Destination, Within Consignee Premises (April 1984), as specified in the delivery schedule.

d. Unless otherwise specified, deliveries shall be made to the Delivery Point specified Mondays through Fridays (excluding Federal Holidays and Executive Orders).

[This space intentionally left blank]

SECTION E - INSPECTION AND ACCEPTANCE

E.1

CLAUSES INCORPORATED BY REFERENCE

This contract incorporates the following clause(s) by reference, with the same force and effect as if it were given in full text. Upon request, the Contracting Officer will make its full text available. Also, the full text of a clause may be accessed electronically at this address: http://www.acquisition.gov/comp/far/index.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSE:

NUMBER

TITLE

DATE

FEDERAL ACQUISITION REGULATION

(48 CFR Chapter 1)

52.246-2

INSPECTION OF SUPPLIES—FIXED PRICE

AUG 1996

52.246-4

INSPECTION OF SERVICES—FIXED PRICE

AUG 1996

52.246-6

INSPECTION—TIME AND MATERIAL AND LABOR HOUR

MAY 2001

52.246-16

RESPONSIBILITY FOR SUPPLIES (FIXED PRICE)

APR 1984

The Contracting Officer Technical Representative or the duly authorized representative shall perform inspection and acceptance of materials and services to be provided.

Inspection and acceptance will be performed at a specified location identified in each Task Order.

Acceptance may be presumed unless, otherwise indicated in writing by the Contracting Officer or the duly authorized representative Contracting Officer Representative (COTR) within 10 days of receipt.

[This space intentionally left blank]

SECTION F - DELIVERIES OR PERFORMANCEtc \l2 "SECTION F - DELIVERIES OR PERFORMANCE F.1

CLAUSES INCORORATED BY REFERENCE 52.252-2 (FEB 1998)

This contract incorporates the following clause(s) by reference, with the same force and effect as if it were given in full text. Upon request, the Contracting Officer will make its full text available. Also, the full text of a clause may be accessed electronically at this address: http://www.acquisition.gov/comp/far/index.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSE:

NUMBER

TITLE

DATE

52.242-15

STOP-WORK ORDER

AUG 1989

ALTERNATE I (APR 1984)

52.242-17

GOVERNMENT DELAY OF WORK

APR 1984

52.247-34

F.O.B. DESTINATION

NOV 1991

52.247-48

F.O.B. DESTINATION--EVIDENCE OF SHIPMENT

FEB 1999

52.247-55

F.O.B.POINT FOR DELIVERY OF GOVERNMENT

JUN 2003

FURNISHED PROPERTY

52.247-65

F.O.B. ORIGIN, PREPAID FREIGHT – SMALL PACKAGE

JAN 1991

SHIPMENTS

F.2

PERIOD OF PERFORMANCE

The ordering period for this contract is five (5) years from the effective date of the contract.

Although task orders may be issued at any time during this ordering period, two restrictions apply to the period of performance for task orders. First, the period of performance for a task order may not go beyond one (1) year after the end of the ordering period. Secondly, a Task Order CO may not award a task order with a period of performance that exceeds five (5) years (inclusive of all options).

F.3

PLACE OF PERFORMANCE

While the Food and Drug Administration may require Audio Visual support services nationwide, including territories, it is anticipated that the preponderance of work to be performed shall be conducted within the Washington, DC metropolitan area.

Each Task Order will specify the location of where the work is to be performed.

F.4

DELIVERIES

Satisfactory performance of this contract shall be deemed to occur upon performance of the work and upon delivery and acceptance by the Contracting Officer Technical Representative or the duly authorized representative.

a. Deliveries required by the Contractor shall be made F.o.b. destination as set forth in FAR Clause 52.247-35, F.o.b. Destination, Within consignees Premises (April 1984) and any specification stated in SECTION D. PACKAGING AND MARKING AND SHIPPING.

b. Unless otherwise specified, deliveries shall be made to the Delivery Point specified in each task order Mondays through Fridays (excluding Federal Holidays & Executive Order) between the hours of 8:30 a.m. and 5:30 p.m. EST only. Supplies or services scheduled for delivery on a Federal holiday shall be made the following day.

[This space intentionally left blank]

SECTION G - CONTRACT ADMINISTRATION DATA

G.1

CONTRACTING OFFICER

(a) For the IDIQ Contract:

The Contracting Officer for the IDIQ contract shall be identified upon contract award.

(b) For Task Orders:

The Contracting Officer executing the individual Task Order will retain cognizance of contract administration for that Task Order.

G.2

CONTRACTING OFFICER’S AUTHORITY

The Contracting Officer (CO) is the only person authorized to approve changes in any of the requirements of this contract. In the event the Contractor effects any changes to this contract or task orders at the direction of any person other than the CO or Task Order COTR, the changes will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof. The CO/Task Order COTR shall be the only individual authorized to accept nonconforming work, waive any requirement of the contract/task order and modify any term or condition of the contract/task order. The Contracting Officer is the only individual who can legally obligate Government funds. No costs chargeable to the proposed task order can be incurred before receipt of a fully executed task order or specific authorization from the Contracting Officer.

G.3

CONTRACTING OFFICER TECHNICAL REPRESENTATIVE (COTR)

The following COTR(s) will represent the Government for the purpose of this IDIQ contract:

[To be specified prior to award] The COTR is responsible for: (1) monitoring the Contractor's technical progress, including the surveillance and assessment of performance and recommending to the Contracting Officer changes in requirements; (2) interpreting the statement of work and any other technical performance requirements; (3) performing technical evaluation as required; (4) performing technical inspections and acceptances required by this contract; and (5) assisting in the resolution of technical problems encountered during performance.

The Contracting Officer is the only person with authority to act as agent of the Government under this contract. Only the Contracting Officer has authority to: (1) direct or negotiate any changes in the statement of work; (2) modify or extend the period of performance; (3) change the delivery schedule; (4) authorize reimbursement to the Contractor for any costs incurred during the performance of this contract; or (5) otherwise change any terms and conditions of this contract.

The Government may unilaterally change its COTR designation.

G.4

CONTRACTING OFFICER TECHNICAL REPRESENTATIVE (COTR) FOR TASK ORDERS

For each task order, a Task Order Contracting Officer Technical Representative (COTR) will be assigned. The Task Order COTR shall serve as the Contractor’s first point of contact for any technical questions and is responsible for: (1) monitoring the Contractor’s technical progress, including the surveillance and assessment of performance and compliance with all substantive project objectives; (2) interpreting the statement of work and any other technical performance requirements; (3) performing technical evaluation as required; (4) performing technical inspections and acceptances required by this contract; (5) assisting in the resolution of technical problems encountered during performance; and (6) providing technical direction; and, (7) reviewing of invoices/vouchers.

The Task Order COTR does not have authority to act as agent of the Government under this contract. Only the Contracting Officer has authority to: (1) direct or negotiate any changes in the statement of work; (2) modify or extend the period of performance; (3) change the delivery schedule; (4) authorize reimbursement to the Contractor any costs incurred during the performance of this contract; or (5) otherwise change any terms and conditions of this contract.

The Government may unilaterally change its Contracting Officer Technical Representation designation.

Technical Leads may assist the Contracting Officer Technical Representative. The Technical Leads will not have the authority to provide technical direction in accordance with the paragraphs above; however, they may be responsible for: (1) monitoring the Contractor’s technical progress, including the surveillance and assessment of performance and compliance with all substantive project objectives; (2) interpreting the statement of work and any other technical performance requirements; (3) performing technical evaluation as required; (4) performing technical inspections and acceptances required by this contract; (5) assisting in the resolution of technical problems encountered during performance; and (6) reviewing of invoices/vouchers.

G.5

TECHNICAL DIRECTION

Performance of the work under this contract shall be subject to the technical direction of the Task Order COTR. The term “technical direction: is defined to include, without limitation, the following:

· Directions to the Contractor which redirect the contract effort, shift work emphasis between work areas or tasks, require pursuit of certain lines of inquiry, fill in details or otherwise serve to accomplish the contractual statement of work.

· Provision of information to the Contractor which assists in the interpretation of drawings, specifications, or technical portions of the work description.

· Review and, where required by the contract, approval of technical reports, drawings, specifications, and technical information to be delivered by the Contractor to the Government under the contract.

Technical direction must be within the general Scope of Work stated in the contract. The COTR does not have the authority to and may not issue any technical direction which:

· Constitutes an assignment of additional work outside the general Scope of Work of the contract.

· Constitutes a change as defined in the applicable contract clause entitled: FAR 52.243-1 “Changes - Fixed Price” (AUG 1987) – Alternate 1 (APR 1984); or 52.243-3 “Changes – Time and Materials-Labor Hours” (SEP 2000).

· Change any of the expressed terms, conditions, or specifications of the contract.

All technical direction shall be issued in writing by the COTR or shall be confirmed by him/her in writing within 5 working days after issuance.

G.6 KEY PERSONNEL, HHSAR 352.270-5 (January 2006)

a. The key personnel specified in the Task Orders are considered to be essential to work performance. At least 30 days prior to diverting any of the specified individuals to other programs or contracts (or as soon as possible, if an individual must be replaced, for example, as a result of leaving the employ of the Contractor), the Contractor shall notify the Contracting Officer and shall submit comprehensive justification for the diversion or replacement request (including proposed substitutions for key personnel) to permit evaluation by the Government of the impact on performance under this contract. The Contractor shall not divert or otherwise replace any key personnel without the written consent of the Contracting Officer. The Government may modify the contract to add or delete key personnel at the request of the Contractor or Government.

(End of Clause)

The following individual(s) is/are considered to be essential to the work being performed in the base contract; each task order will delineate key personnel required at the order level.

Project/Operations Manager

G.7

INVOICE SUBMISSION

FDA INVOICE REQUIREMENTS:

A.

UPON ACCEPTANCE OF DELIVERABLES OR MONTHLY AS DEFINED AT THE TASK ORDER LEVEL, THE CONTRACTOR SHALL SUBMITINVOICES TO ALL ADDRESSEES IN THE MANNER SPECIFIED BELOW:

(I) ONE ORIGINAL AND ONE COPY TO THE APPROVING OFFICIAL:

Address will be indicated on individual task orders:

U.S. FOOD AND DRUG ADMINISTRATION

OFFICE OF ACQUISITIONS & GRANTS SERVICES

ATTN: CONTRACTING OFFICER

5630 FISHERS LANE

ROOM TBD, HFA-500

ROCKVILLE, MARYLAND 20857

*** ELECTRONIC INVOICES ARE PREFERRED, ACCEPTABLE METHODS OF DELIVERY INCLUDE: MAIL, HAND DELIVERY*** (II) ONE COPY TO THE TASK ORDER CONTRACTING OFFICER TECHNICAL REPRESENTATIVE (COTR) OR OTHER PROGRAM CENTER/OFFICE DESIGNEE:

U.S. FOOD AND DRUG ADMINISTRATION

[To be specified upon task order issuance] *** ELECTRONIC INVOICES ARE PREFERRED, ACCEPTABLE METHODS OF DELIVERY INCLUDE: MAIL, HAND DELIVERY*** B.

INVOICES SUBMITTED UNDER THIS CONTRACT MUST COMPLY WITH THE REQUIREMENTS SET FORTH IN FAR CLAUSES 52.232-25 (PROMPT PAYMENT) AND 52.232-33 (PAYMENT BY ELECTRONIC FUNDS TRANSFER – CENTRAL CONTRACTOR REGISTRATION) AND/OR OTHER APPLICABLE FAR CLAUSES SPECIFIED HEREIN. TO CONSTITUTE A PROPER INVOICE, THE INVOICE MUST BE SUBMITTED ON COMPANY LETTERHEAD AND INCLUDE EACH OF THE FOLLOWING:

(I) NAME AND ADDRESS OF THE CONTRACTOR;

(II) INVOICE DATE AND INVOICE NUMBER;

(III) IDIQ CONTRACT/TASK ORDER NUMBER;

(IV) DESCRIPTION, QUANTITY, UNIT OF MEASURE, UNIT PRICE, AND EXTENDED PRICE SUPPLIES DELIVERED OR SERVICES PERFORMED, INCLUDING:

(a) PERIOD OF PERFORMANCE FOR WHICH COSTS ARE CLAIMED;

(b) ITEMIZED TRAVEL COSTS, INCLUDING ORIGIN AND DESTINATION;

(c) ANY OTHER SUPPORTING INFORMATION NECESSARY TO CLARIFY

QUESTIONABLE EXPENDITURES;

(V) SHIPPING NUMBER AND DATE OF SHIPMENT, INCLUDING THE BILL OF LADING NUMBER AND WEIGHT OF SHIPMENT IF SHIPPED ON GOVERNMENT BILL OF LADING;

(VI) TERMS OF ANY DISCOUNT FOR PROMPT PAYMENT OFFERED;

(VII) NAME AND ADDRESS OF OFFICIAL TO WHOM PAYMENT IS TO BE SENT (MUST BE THE SAME AS THAT IN THE PURCHASE ORDER/AWARD, OR IN A

PROPER NOTICE OF ASSIGNMENT);

(VIII) NAME, TITLE, AND PHONE NUMBER OF PERSON TO NOTIFY IN EVENT OF DEFECTIVE INVOICE;

(IX) TAXPAYER IDENTIFICATION NUMBER (TIN);

(X) ELECTRONIC FUNDS TRANSFER (EFT) BANKING INFORMATION, INCLUDING ROUTING TRANSIT NUMBEROF THE FINANCIAL INSTITUTION RECEIVING PAYMENT AND THE NUMBER OF THE ACCOUNT INTO WHICH FUNDS ARE TO BE DEPOSITED;

(XI) NAME AND TELEPHONE NUMBER OF THE FDA CONTRACTING OFFICER

TECHNICAL REPRESENTATIVE (COTR) OR OTHER PROGRAM CENTER/OFFICE POINT OF CONTACT, AS REFERENCED ON THE CONTRACT;

(XII) ANY OTHER INFORMATION OR DOCUMENTATION REQUIRED BY THE CONTRACT/AWARD.

C.

QUESTIONS REGARDING INVOICE PAYMENTS SHOULD BE DIRECTED TO THE FDA PAYMENT OFFICE AT:

FDA/OC/OA/OFO/OFS

ATTN: Office of Financial Services, FDA

12345 PARKLAWN DRIVE, HFA-720

301.827.3742 OR 866.807.3742

fdavendorpaymentsteam@fda.gov

ROCKVILLE, MARYLAND 20857

G.8

CONTRACT FINANCIAL REPORTING

Financial reports shall be submitted by the contractor with the invoices for time and materials and labor hour task orders in accordance to the expenditure categories below:

Labor hours and total labor charges for each skill level category for the current period and cumulative cost for the total contract to date.

Accumulate total for all cost categories (i.e., labor, travel)

Contract ceiling and percent expended to date

Estimate to complete

Travel –Include all direct cost to travel including transportation subsistence and miscellaneous expenses. The following information shall be submitted (Name of traveler and purpose of trip; Place of departure, destination and return, including time and dates; and total cost of trip G.9

GOVERNMENT FURNISHED PROPERTY

The Government may provide Government Furnished Property for use in direct performance of each task order. Each task order will specify if Government Furnished Property will be provided.

In addition to the requirements of the clause, GOVERNMENT PROPERTY, incorporated in SECTION I of this contract, the Contractor shall comply with the provisions of HHS Publication, "Contractor's Guide for Control of Government Property," which is incorporated into this contract by reference. This document can be accessed at: http://www.hhs.gov/oamp/policies/contractors_guide_for_control_of_gov_property.pdf

G.10

POST AWARD EVALUATION OF CONTRACTOR PERFORMANCE

a.

Contractor Performance Evaluations Interim and final evaluations of contractor performance will be prepared on this contract in accordance with FAR 42.15. The final performance evaluation will be prepared at the time of completion of work. In addition to the final evaluation, interim evaluations will be prepared annually to coincide with the anniversary date of the contract.

Interim and final evaluations will be provided to the Contractor as soon as practicable after completion of the evaluation. The Contractor will be permitted thirty days to review the document and to submit additional information or a rebutting statement. If agreement cannot be reached between the parties, the matter will be referred to an individual one level above the Contracting Officer, whose decision will be final.

Copies of the evaluations, contractor responses, and review comments, if any, will be retained as part of the contract file, and may be used to support future award decisions.

b.

Electronic Access to Contractor Performance Evaluations Contractors that have Internet capability may access evaluations through a secure Web site for review and comment by completing the registration form that can be obtained at the following address:

http://www.cpars.csd.disa.mil/cparsmain.htm The registration process requires the contractor to identify an individual that will serve as a primary contact and who will be authorized access to the evaluation for review and comment. In addition, the contractor will be required to identify an alternate contact that will be responsible for notifying the cognizant contracting official in the event the primary contact is unavailable to process the evaluation within the required 30-day time frame G.11

TRAVEL COSTS

Any required travel by the Contractor will be at the direction of the Government and will be reimbursed at cost in accordance with the Federal Travel Regulation.

(a) Area of Travel - Performance under this Agreement may require travel by contractor personnel. If travel, domestic or overseas, is required, the Contractor is responsible for making all needed arrangements for Contractor’s personnel. This includes but is not limited to the following:

· Medical Examinations

· Immunization

· Passports,

· visas, etc.

· Security Clearances

(b) Travel Policy - The Government will reimburse the Contractor for allowable travel costs incurred by the Contractor in performance of the contract and determined to be in accordance with FAR subpart 31.2, subject to the following provisions:

Travel required for tasks assigned under this contract shall be governed in accordance with rules set forth for temporary duty travel in FAR 31.205-46.

(c) Travel - Travel, subsistence and associated labor charges for travel time are authorized, whenever a task assignment requires work to be accomplished at a temporary alternate worksite. Travel performed for personal convenience and daily travel to and from work at Contractor’s facility will not be reimbursed.

(d) Per Diem - Per diem for travel on work assigned under this contract will be reimbursed to employees consistent with company policy, but not to exceed the amount authorized in the Joint Travel Regulations.

(e) Air/Rail Travel - In rendering the services, the Contractor shall be reimbursed for the actual costs of transportation incurred by its personnel not to exceed the cost of tourist class rail, or plane fare, to the extent that such transportation is necessary for the performance of the services hereunder and is authorized by the Contracting Officer. Such authorization by the Contracting Officer shall be indicated in the order or in some other suitable written form.

NOTE: To the maximum extent practicable without the impairment of the effectiveness of the mission, transportation shall be tourist class. In the event that only first class travel is available, it will be allowed, provided justification therefore is fully documented and warranted.

(f) Private Automobile - The use of privately owned conveyance within the continental United States by the traveler will be reimbursed to the Contractor at the mileage rate allowed by Joint Travel Regulations. Authorization for the use of privately owned conveyance shall be indicated on the order. Distances traveled between points shall be shown in standard highway mileage guides. Any deviations from distance shown in such standard mileage guides shall be explained by the traveler on the expense sheet.

(g) Car Rental - The Contractor shall be entitled to reimbursement for car rental, exclusive of mileage charges, as authorized by each order, when the services are required to be performed outside the normal commuting distance from the Contractor’s facilities. Car rental for TDY teams will be limited to a rate of one car for every four (4) persons on TDY at one site.

G.12

GOVERNMENT CLOSURES

Recognized Federal Holidays – The Contractor is not required to provide on-site services on the following days that are Federal Holidays or on any other day designated as a Federal holiday for the Washington, DC area (unless otherwise specified in the Task Orders):

New Year’s Day

Martin Luther King’s Birthday

President’s Day

Memorial Day

Independence Day

Labor Day

Columbus Day

Veterans’ Day

Thanksgiving Day

Christmas Day

Inclement Weather – The Contractor is not required to provide on-site service on days when the Federal Government is closed due to inclement weather. The Contractor is required to follow, as a minimum, other directives issued by the U.S. Office of Personnel Management or other such official for late arrivals due to inclement weather (unless otherwise specified in the Task Orders).

In the event the Federal Government is closed by order of the President of the United States or the U.S. Office of Personnel Management for any reason, or the agency, the center or the building is closed for administrative or safety reasons, the Contractor will follow directives issued by responsible officials concerning reporting for work.

Each task order will contain instructions on what to do on those days when the Contractor is not permitted to report for work on-site because of a closure as determined above. The contractor may not bill the Government for any hours that contractor employees did not work due to any Government closure under Labor Hour and Time and Materials task orders.

G.13

ORDERING PROCESSES AND PROCEDURES

Ordering services under this contract shall be accomplished by the issuance of written task orders specifying the types of services being ordered. All task orders issued under this contract shall conform to the provisions of the contract clause in Section I entitled “Ordering.” The only office authorized to process task orders through the Office of Acquisitions & Grants Services is the Food and Drug Administration (FDA) Contracting Officer.

TASK ORDER PROCESSING

All task orders issued hereunder are subject to the terms and conditions of this contract. This contract shall control in the event of conflict with any task order. A task order shall be “issued” for purposes of this contract upon the effective date of the order.

The general process for individual task orders is as follows:

a) The FDA will prepare a statement of work in accordance The SOW will include, at a minimum, the following elements:

1. Description of work in terms of the purpose or objectives of the work to be performed.

2. Description of how the work performance is assessed relative to objectives, goals, and outcomes.

3. Period and place of performance

4. Reporting requirements and Deliverables

b) Requests for Task Order Proposals (RFTOP) shall only be issued by the Contracting Officer.

c) The Contractor shall prepare and submit a task proposal addressing all areas of the requirement. The Contractor shall submit the task proposal within the time period specified in the RFTOP and adhere to the ceiling rates established in the contract. No separate payment will be made to the contractor for the cost to prepare, submit and/or negotiate a task order proposal.

d) The Government shall evaluate task order proposals for technical acceptability and price reasonableness.

e) Within task orders that require material and/or equipment purchase(s), the contractor shall prepare Bill of Materials for COTR to review for all procurements. All non-routine equipment shall be sourced through multiple reputable vendors and provided to the COTR for initial approval. In the event that any piece of equipment exceeds $3,000.00, the contractor shall submit a minimum of three (3) quotations to the Contracting Officer for purchase approval. Per incident, any total purchase amount shall not exceed $25,000.00 [This space intentionally left blank]

SECTION H - SPECIAL CONTRACT REQUIREMENTS

DEPARTMENT OF HEALTH AND HUMAN SERVICES ACQUISITION REGULATION (HHSAR)

(48 CHAPTER 3) CLAUSES:

H.1

NON-PERSONAL SERVICES AND INHERENTLY GOVERNMENT FUNCTIONS

Pursuant to FAR 37.1, no personal services shall be performed under this contract. All work requirements shall flow only from the Project Officer to the Contractor's Project Manager. No Contractor employee will be directly supervised by the Government. All individual employee assignments, and daily work direction, shall be given by the applicable employee supervisor. If the Contractor believes any Government action or communication has been given that would create a personal services relationship between the Government and any Contractor employee, the Contractor shall promptly notify the Contracting Officer of this communication or action.

Pursuant to FAR 7.5, the Contractor shall not perform any inherently governmental actions under this contract. No Contractor employee shall hold him or herself out to be a Government employee, agent, or representative. No Contractor employee shall state orally or in writing at any time that he or she is acting on behalf of the Government. In all communications with third parties in connection with this contract, Contractor employees shall identify themselves as Contractor employees and specify the name of the company for which they work. In all communications with other Government contractors in connection with this contract, the Contractor employee shall state that they have no authority to in any way change the contract and that if the other contractor believes this communication to be a direction to change their contract, they should notify the Contracting Officer for that contract and not carry out the direction until a clarification has been issued by the Contracting Officer.

The Contractor shall insure that all of its employees working on this contract are informed of the substance of this article. Nothing in this article shall limit the Government's rights in any way under the other provisions of the contract, including those related to the Government's right to inspect and accept the services to be performed under this contract. The substance of this article shall be included in all subcontracts at any tier.

H.2 HHSAR 352.224-70 PRIVACY ACT, (January 2006) This contract requires the Contractor to perform one or more of the following:

(a) design; (b) develop; or (c) operate a federal agency system of records to accomplish an agency function in accordance with the Privacy Act of 1974 (Act) [5 U.S.C. 552a(m)(1)] and applicable agency regulations. The term ‘‘system of records’’ means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual.

Violations of the Act by the Contractor and/or its employees may result in the imposition of criminal penalties [5 U.S.C. 552a(i)]. The Contractor shall ensure that each of its employees knows the prescribed rules of conduct and that each employee is aware that he/she is subject to criminal penalties for violation of the Act to the same extent as Department of Health and Human Services employees. These provisions also apply to all subcontracts the Contractor awards under this contract which require the design, development or operation of the designated system(s) of records [5 U.S.C. 552a(m)(1)].

The contract work statement: (a) identifies the system(s) of records and the design, development, or operation work the Contractor is to perform; and (b) specifies the disposition to be made of such records upon completion of contract performance.

(End of clause)

445 CFR Part 5b contains additional information which includes the rules of conduct and other Privacy Act requirements and can be found at: http://www.access.gpo.gov/nara/cfr/waisidx_06/45cfr5b_06.html .

H.3 REPORTING MATTERS INVOLVING FRAUD, WASTE AND ABUSEtc \l3 "ARTICLE H. . REPORTING MATTERS INVOLVING FRAUD, WASTE AND ABUSE Anyone who becomes aware of the existence or apparent existence of fraud, waste and abuse in FDA funded programs is encouraged to report such matters to the HHS Inspector General’s Office in writing or on the Inspector General’s Hotline. The toll free number is 1-800-HHS-TIPS (1-800-447-8477), 8:00 am – 5:30 pm Eastern Time, Monday –Friday. Fax 1-800-223-8164, TTY

1-800-377-4950. All telephone calls will be handled confidentially. The e-mail address is hhstips@oig.hhs.gov and the mailing address is:

HHS TIPS Hotline

TIPS HOTLINE

P.O. Box 23489

Washington, D.C. 20026

H.4

HHSAR 352.242-70 - KEY PERSONNEL (JANUARY 2006)

The key personnel specified in this contract are considered to be essential to work performance. At least 30 days prior to diverting any of the specified individuals to other programs or contracts (or as soon as possible, if an individual must be replaced, for example, as a result of leaving the employ of the Contractor), the Contractor shall notify the Contracting Officer and shall submit comprehensive justification for the diversion or replacement request (including proposed substitutions for key personnel) to permit evaluation by the Government of the impact on performance under this contract. The Contractor shall not divert or otherwise replace any key personnel without the written consent of the Contracting Officer. The Government may modify the contract to add or delete key personnel at the request of the contractor or Government.

H.5

HHSAR 352.227-70 - PUBLICATIONS AND PUBLICITY (JANUARY 2006)

a) Unless otherwise specified in this contract, the Government encourages the Contractor to publish the results of its work under this contract. A copy of each article the Contractor submits for publication shall be promptly sent to the Contracting Officer’s Technical Representative. The Contractor shall also inform the Contracting Officer’s Technical Representative when the article or other publication is published, and furnish a copy of it as finally published.

(b) Unless authorized by the Contracting Officer’s Technical Representative, the Contractor shall not display the HHS logo on any publications.

H.6

HHSAR 352.203-70 - ANTI-LOBBYING (JANUARY 2006)

Pursuant to the current HHS annual appropriations act, except for normal and recognized executive-legislative relationships, the Contractor shall not use any HHS contract funds for (i) publicity or propaganda purposes; (ii) the preparation, distribution, or use of any kit, pamphlet, booklet, publication, radio, television or video presentation designed to support or defeat legislation pending before the Congress or any State legislature, except in presentation to the Congress or any State legislature itself; or (iii) payment of salary or expenses of the Contractor, or any agent acting for the Contractor, related to any activity designed to influence legislation or appropriations pending before the Congress or any State legislature.

H.7

HHSAR 352.242-71 - TOBACCO-FREE FACILITIES (JANUARY 2006)

In accordance with Department of Health and Human Services (HHS) policy, the Contractor and its staff are prohibited from using tobacco products of any kind (e.g., cigarettes, cigars, pipes, and smokeless tobacco) while on any HHS property, including use in personal or company vehicles operated by Contractor employees while on an HHS property. This policy also applies to all subcontracts awarded under the contract or order. The term ‘‘HHS properties’’ includes all properties owned, controlled and/or leased by HHS when totally occupied by HHS, including all indoor and outdoor areas of such properties. Where HHS only partially occupies such properties, it includes all HHS-occupied interior space.