16-223-SOL-1168008.pdf

RFQ # 16‐223‐SOL‐1168008

THIS IS A COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS

PREPARED IN ACCORDANCE WITH THE FORMAT IN FAR SUBPART 12.6-

STREAMLINED PROCEDURES FOR EVALUATION AND SOLICITATION FOR

COMMERCIAL ITEMS-AS SUPPLEMENTED WITH ADDITIONAL INFORMATION

INCLUDED IN THIS NOTICE. THIS ANNOUNCEMENT CONSTITUTES THE ONLY

SOLICITATION; QUOTATIONS ARE BEING REQUESTED, AND A SEPARATE

WRITTEN SOLICITATION DOCUMENT WILL NOT BE ISSUED. THE SOLICITATION IS

BEING ISSUED USING SIMPLIFIED ACQUISITION PROCEDURES.

This solicitation is a Request for Quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-88.

Offerors must submit all questions concerning this solicitation in writing, via email to the Contract Specialist, Shirley Afable at shirley.afable@fda.hhs.gov. Questions should be received no later than 12:00PM Eastern Time, Friday, August 19th. All responses to questions will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation.

The associated North American Industrial Classification System (NAICS) code for this procurement is 519130 – Internet Publishing and Broadcasting and Web Search Portals with a small business size standard of 1,000.

Statement of Work: Elsevier Ebooks and Reference Modules with Perpetual Access or Equal

Background The Food and Drug Administration (FDA) Library subscribes to Elsevier ScienceDirect platform that includes Subscribed titles, the Freedom Collection and selected ebooks to conduct research and reviews, and stay informed on current scientific information.

Based on a gap analysis and TurnAway reports, it has been determined that the FDA researchers require additional online electronic access to selected ebooks, journals and referenced works available on their desktop to support their work and the next generation library to meet and accomplish the public health research mission of the FDA.

Objective The FDA Library requires enterprise wide online web access to selected reference modules, ebooks, and journals with unlimited searching based on IP authentication. With the exception of the RefMods and book series current (Method's in enzymology). The FDA will have perpetual access to the Methods in Enzymology pre 2000 Backfile, or equal to with a one-time purchase.

Requirements The FDA requires online access to selected ebooks in the pharmacology, toxicology and pharmaceutical science and veterinary medicine collections, Methods in Enzymology and continuation of the Profiles of Drug Substances 2012-2016 series. In addition, the FDA is procuring an annual subscription to Reference Modules in Food Science providing content from eight (8) Elsevier Reference Works and Biomedical Sciences featuring content from fifteen (15) Elsevier Reference Works. If proposing an “equal to” solution, offeror shall provide documentation demonstrating the proposed solution meets or exceeds the requirements of this statement of work. See below for the listing:

Annual Subscription to Food Science:

Encyclopedia of Agriculture & Food Systems Encyclopedia of Meat Sciences Encyclopedia of Dairy Sciences Encyclopedia of Food Microbiology Encyclopedia of Food Safety Encyclopedia of Food and Health Encyclopedia of Grain Science Encyclopedia of Agricultural Science

Annual Subscription to Biomedical Sciences:

Brenner’s Encyclopedia of Genetics Comprehensive Biomedical Physics Comprehensive Biotechnology Comprehensive Toxicology Concise Human Embryology & developmental Biology Concise Medical Physiology Emery & Rimoin’s Essential Medical Genetics Encyclopedia of Biological Chemistry Encyclopedia of Cancer Encyclopedia of Cell Biology Encyclopedia of Endocrine Diseases Encyclopedia of Human Nutrition Encyclopedia of Immunology Encyclopedia of Microbiology Encyclopedia of Neuroscience Encyclopedia of Neurological Sciences Encyclopedia of Toxicology Encyclopedia of Virology International Encyclopedia of Public Health Pathobiology of Human Disease Xpharm

Perpetual Access to Elsevier Book Series (2009 – present)

Profiles of Drug Substances, Excipients and Related Methodology

Perpetual Access to Elsevier Book Series/Handbook Series Backfiles (pre-2000)

Methods in Enzymology Backfile

Annual Subscription to Elsevier Book Series (2000-present)

Methods in Enzymology – 0076-6879

Perpetual Access to Elsevier eBooks Collections

Pharmacology, Toxicology and Pharmaceutical Science 2009 Pharmacology, Toxicology and Pharmaceutical Science 2011 Pharmacology, Toxicology and Pharmaceutical Science 2012 Pharmacology, Toxicology and Pharmaceutical Science 2013 Pharmacology, Toxicology and Pharmaceutical Science 2014 Pharmacology, Toxicology and Pharmaceutical Science 2015 Pharmacology, Toxicology and Pharmaceutical Science 2016 Pharmacology, Toxicology and Pharmaceutical Science 1995 - 2006 Pharmacology, Toxicology and Pharmaceutical Science 2007 Pharmacology, Toxicology and Pharmaceutical Science 2008 Pharmacology, Toxicology and Pharmaceutical Science (Legacy 1) Veterinary Medicine Pre 2007 Veterinary Medicine 2007 Veterinary Medicine 2008 Veterinary Medicine 2009 Veterinary Medicine 2010 Veterinary Medicine 2011 Veterinary Medicine 2012 Veterinary Medicine 2013 Veterinary Medicine 2014 Veterinary Medicine 2015 Veterinary Medicine 2016 Veterinary Science and Veterinary Medicine 1995 - 2006

The Contractor shall provide an enterprise wide site license for 24/7 desktop web access via IP authentication. Unlimited users and downloads to subscribed titles.

The Contractor shall furnish support for IP modifications and other technical issues pertaining to website/database.

The Contractor shall supply usage statistics for subscribed material on a monthly basis via Standardized Usage Statistics Harvesting Initiative (SUSHI).

The Contractor shall provide material that must be full text, including photographs, images, tables, graphs, etc.

The Contractor shall ensure the Government retains archive access to subscribed material.

The Contractor shall provide access to purchased archive collection.

The Contractor shall provide one (1) website database supplying right of entry.

The Contractor’s customer service shall be available during the hours of 8:00AM to 6:00PM Eastern Time to troubleshoot website/connectivity issues via phone with a toll free number and email via web form.

Period of Performance The period of performance is twelve (12) months from date of award for Reference Modules with an annual subscription.

The period of performance begins with the date of award for one-time purchase of perpetual access to Book series and eBooks collections stated in the Requirement section.

Invoicing Instructions

THE CONTRACTOR SHALL SUBMIT ONE (1) ORIGINAL COPY OF EACH INVOICE TO

THE ADDRESS SPECIFIED BELOW:

Office of Financial Services Food and Drug Administration

10903 New Hampshire Ave WO32 - Second Floor

MAIL HUB 2145

Silver Spring, MD 20993-0002

Attn: Vendor Payments 301-827-3742 or 866-807-3742 fdavendorpaymentsteam@fda.gov

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) PURCHASE ORDER/AWARD 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; AND (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 NUMBER OF 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

REPRESENTATIVE (COR) OR OTHER PROGRAM CENTER/OFFICE POINT OF

CONTACT, AS REFERENCED ON THE PURCHASE ORDER; AND

(XII) ANY OTHER INFORMATION OR DOCUMENTATION REQUIRED BY THE

PURCHASE ORDER/AWARD.

AN ELECTRONIC INVOICE IS ACCEPTABLE IF SUBMITTED IN ADOBE ACROBAT

(PDF) FORMAT. ALL ITEMS LISTED IN (I) THROUGH (XII) OF THIS CLAUSE MUST BE

INCLUDED IN THE ELECTRONIC INVOICE. ELECTRONIC INVOICES MUST BE ON

COMPANY LETTERHEAD AND MUST CONTAIN NO INK CHANGES AND BE LEGIBLE

FOR PRINTING.

QUESTIONS REGARDING INVOICE PAYMENTS SHOULD BE DIRECTED TO THE FDA

PAYMENT OFFICE AT A TELEPHONE NUMBER PROVIDED ABOVE.

Provisions and Clauses The following provisions and clauses apply to this acquisition and are hereby incorporated by reference. All FAR provisions and clauses may be viewed at http://acquisition.gov/comp/far/index.html. All Health and Human Services Acquisition Regulation clauses may be viewed at: http://www.hhs.gov/grants/contracts/contract-policies-regulations/hhsar/index.html.

Provisions:

52.211-6 Brand Name or Equal (Aug 1999)

(a) If an item in this solicitation is identified as “brand name or equal,” the purchase description reflects the characteristics and level of quality that will satisfy the Government’s needs. The salient physical, functional, or performance characteristics that “equal” products must meet are specified in the solicitation.

(b) To be considered for award, offers of “equal” products, including “equal” products of the brand name manufacturer, must—

(1) Meet the salient physical, functional, or performance characteristic specified in this solicitation;

(2) Clearly identify the item by—

(i) Brand name, if any; and

(ii) Make or model number;

(3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and

(4) Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications.

(c) The Contracting Officer will evaluate “equal” products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.

(d) Unless the offeror clearly indicates in its offer that the product being offered is an “equal” product, the offeror shall provide the brand name product referenced in the solicitation.

(End of provision)

52.212-1, Instructions to Offerors – Commercial Items (Oct 2015) 52.212-3, Offeror Representations and Certifications – Commercial Items (Apr 2016) The Offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certifications electronically via the System for Award Management (SAM) website accessed through http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (r) of this provision and provide a written submission.

Contractor Tax Liability or Felony Conviction The Consolidated and Further Continuing Appropriations Act, 2015 Pub. L 113-235, Division E, Sections 744 and 745 prohibits covered agencies from using funds to enter into contracts with corporations that have unpaid federal tax delinquencies or certain felony convictions unless certain conditions are met.

The Offeror represents that – It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal or State law within the preceding 24 months.

It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

(End of provision)

52.203-98, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements—Representation (DEVIATION 2015-02)

(a) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(End of provision)

Clauses:

52.212-4, Contract Terms and Conditions – Commercial Items (May 2015) 52.212-5, Contract Terms and Conditions Required to Implement Statues of Executive Orders – Commercial Items (Mar 2016)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108- 77, 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2015)

52.209-6, Protecting the Government’s Interests when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) 52.222-3, Convict Labor (Jun 2013) 52.222-19, Child Labor – Cooperation with Authorities and Remedies (Feb 2016) 52.222-21, Prohibition of Segregated Facilities (Apr 2015) 52.222-26, Equal Opportunity (Apr 2015) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) 52.222-50, Combating Trafficking in Persons (Mar 2015) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) 52.232-33, Payment by Electronic Funds Transfer – System for Award Management (Jul 2013)

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

52.222-41, Service Contract Labor Standards (May 2014) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014)

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(viii) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xi) ____ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xviii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph

(d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

52.232-40, Providing Accelerated Payment to Small Business Subcontractors (Dec 2013) 352.222-70, Contractor Cooperation in Equal Employment Opportunity Investigations (Dec 2015)

Due Date for Quotations Offerors shall submit their quotations no later than 1:00PM Eastern Time on August 26, 2016.

Fax quotations shall not be accepted. E-mail quotations shall be accepted at shirley.afable@fda.hhs.gov. Please reference the RFQ number in the subject line of email communications. Offerors quotations shall not be deemed received by the Government until the quotation is entered in the email inbox set forth above.

Addendum to FAR 52.212-1, Quotation Preparation Instructions:

1) Price Quotation: The Offeror shall submit an original copy of their completed pricing quotation. The pricing quotations shall be separate from any other portion of the quotation.

The Offeror shall propose a firm-fixed-price for each annual subscription, and perpetual access license listed in the Requirement section. The Offeror should also include a completed Contractor Tax Liability or Felony Conviction representation. Price quotations shall remain valid for a period of 90 days from the date quotations are due.

2) Technical Quotation: The technical quotation shall be limited to no more than 5 pages, and shall address the following:

The Offeror shall demonstrate its full understanding of the requirements and task to be performed. Offerors that submit “equal to” quotes must ensure that the proposed solution has the same or “equal to” capabilities as stated under the Requirement section. The Offeror shall also describe any assumptions relied upon in developing the proposed approach.

ACCEPTANCE OF TERMS AND CONDITIONS (ADDENDUM TO FAR 52.212-1 (B) (11)):

THIS IS AN OPEN-MARKET SOLICITATION FOR SERVICES AS DEFINED HEREIN.

THE GOVERNMENT INTENDS TO AWARD A PURCHASE ORDER AS A RESULT OF

THIS SOLICITATION THAT WILL INCLUDE THE CLAUSES SET FORTH HEREIN.

THE QUOTATION SHOULD INCLUDE ONE OF THE FOLLOWING STATEMENTS:

"The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition."

OR

"The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following:

Offeror shall list exception(s) and rationale for the exception(s)

Note: This procurement is not being conducted under the GSA Federal Supply Schedule (FSS) program or another Government-Wide Area Contract (GWAC). If an offeror submits a quotation based upon an FSS or GWAC contract, the Government will accept the quoted price.

However, the terms and conditions stated herein will be included in any resultant Purchase Order, not the terms and conditions of the offerors FSS or GWAC contract, and the statement required above shall be included in the quotation.

Quotation Evaluation The Government is conducting this source selection using low-price-technically-acceptable (LPTA) methodology. The Government will issue the order to the Offeror whose proposed product meets all Government requirements and whose overall price is lowest.