20.002351.CSSandAttachments1-5.pdf

Collaborative Neuropsychiatric Disorders Research and Research Support for Clinical and Translational Neuroscience Branch

Competitive Combined Synopsis/Solicitation

NIMH-20-002351

INTRODUCTION

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. This acquisition is being conducted in accordance with the procedures of FAR Part 13--Simplified Acquisition Procedures.

The solicitation number is NIMH-20-002351 and the solicitation is issued as a request for quotation (RFQ).

NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS) CODE

The intended procurement is classified under NAICS code 518210, $35M.

SET-ASIDE STATUS

This acquisition is restricted and available for Women Owned Small Business (WOSB) Set- Aside.

ACQUISITION AUTHORITY

This acquisition is for a commercial item or service and is conducted under the authority of the Federal Acquisition Regulation (FAR) Part 13—Simplified Acquisition Procedures and FAR Part 12—Acquisition of Commercial Items and is not expected to exceed the simplified acquisition threshold.

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2020-04 dated January 15, 2020. The resultant contract will include all applicable provisions and clauses in effect through this date.

DESCRIPTION OF REQUIREMENT

Background The National Institute of Mental Health (NIMH) is the lead Federal Agency for research on mental illnesses. The mission of the NIMH is to transform the understanding and treatment of mental illnesses through basic and clinical research, paving the way for prevention, recovery, and cure.

The NIMH is requiring a contractor who is qualified to deliver experienced psychiatric nursing skill for the Clinical and Translational Neuroscience Branch (CTNB) to ensure coordination of all aspects of the CTNB’s clinical neuroscience research.

The contractor will participate in advanced clinical assessments to ensure appropriate subject selection and participation. The contractor is needed to communicate with recruitment, branch, nursing, and medical staff to effect protocols. Finally, the contractor, in coordination with the Branch Chief, will interact with regulatory entities specifically the Institutional Review Board

(IRB).

Purpose

The purpose of this acquisition is to acquire a neuroscience research nurse to monitor and implement studies and to provide coordination and management of Intramural Research Program (IRP) and IRB regulatory requirements.

Project Requirements

See Attached Statement of Work for details.

Delivery Requirements/Period of Performance Base Period: April 1, 2020 – March 31, 2021 Option Year 1: April 1, 2021 – March 31, 2022 Option Year 2: April 1, 2022 – March 31, 2023

Place of Performance

The place of performance shall be the National Institutes of Health, National Institute of Mental Health (NIMH), NIH Bethesda Main Campus, specifically, but not limited to,building 10.

Contract Type The Government intends to issue a labor hour purchase order for this requirement. Invoicing shall be in accordance with the Prompt Payment Act and payment shall be made via Electronic Funds Transfer (EFT).

Response Format Responses to this solicitation must include clear and convincing evidence of the offeror’s capability of fulfilling the requirement as it relates to the salient characteristics of the product.

The offeror must indicate in their response as to whether the brand-name or equal product proposed can or cannot meet the salient characteristics as stated in this combined solicitation synopsis.

In addition, the quote must provide their company name, Dun & Bradstreet Number (DUNS), the Taxpayer Identification Number (TIN), and the certification of business size must be included in the response. All offerors must have an active registration in the System for Award Management (SAM) www.sam.gov.”

TECHNICAL PROPOSAL

Offerors may provide up to 20, 8.5 by 11-inch pages (using no less than 10 font size) as their proposal to be evaluated by the Source Evaluation Panel. The technical submission will address the Statement of Work and be responsive to the attached evaluation factors. The 20-page technical submission limitation does not include and is in addition to the pages relating to relevant resume credentials and the price proposal. Technical submission pages in excess of this page limitation will not be considered.

http://www.sam.gov/ http://www.sam.gov/

COST/PRICE PROPOSAL

The cost/price proposal must be completed to include all costs related to the Statement of Work, including the hourly, daily and monthly rates, as appropriate, and all direct and indirect costs for the base and option years. The cost/price proposal shall be submitted in the Microsoft Excel format.

LEVEL OF EFFORT

The following table is a level of effort and materials estimate. The required skills and expertise for each position follows. This is only an estimate. Offerors are advised to carefully review the requirement in deriving both the level of effort and the tools/materials they believe are necessary to provide their best value proposal. You are not bound to propose these labor categories and quantities. Rather, offerors are expected to provide the best solution citing the labor mix and quantity required to accomplish the tasks.

LaborType

Base Year (est.

hours)

Option Year 1 (est.

hours)

Option Year 2 (est.

hours)

Psychiatric Nurse

15 hours per week for a total of 780 hours per year

15 hours per week for a total of 780 hours per year

15 hours per week for a total of 780 hours per year

EVALUATION

The provision at FAR clause 52.212-2, Evaluation - Commercial Items, applies to this acquisition.

The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. See Evaluation Criteria attachment for details.

A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

ADDITIONAL INFORMATION

The Offerors to include a signed copy of the provision at FAR clause 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2019), with its offer.

The Offerors to include a signed copy of the provision at FAR clause 52.204-26 Covered Telecommunications or Services Representation (Dec 2019), with its offer.

The Offerors to include a completed copy of the provision at FAR clause 52.212-3, Offeror Representations and Certifications-Commercial Items, with its offer.

The FAR clause at 52.212-4, Contract Terms and Conditions – Commercial Items. See Clauses attachment.

FAR clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items, applies to this acquisition. See clauses attachment.

The Defense Priorities and Allocations System (DPAS) are not applicable to this requirement.

Responses to this solicitation must include clear and convincing evidence of the offeror's capability of fulfilling the requirement as it relates to the technical evaluation criteria. The price proposal must include labor costs, breakdown and rationale for other direct costs or materials, and the total amount.

In addition, the Dun & Bradstreet Number (DUNS), the Taxpayer Identification Number (TIN), and the certification of business size must be included in the response. All offerors must have an active registration in the System for Award Management (SAM) www.sam.gov."

CLOSING INFORMATION

All responses must be received by 2:00 PM, Friday, March 6, 2020 and reference number NIMH-20-002351. Responses may be submitted electronically to robin.knightly@nih.gov, and valerie.whipple@nih.gov. Any questions must be submitted by 9:00 AM EST on Wednesday, March 4, 2020.

Fax responses will not be accepted.

mailto:robin.knightly@nih.gov mailto:robin.knightly@nih.gov

ATTACHMENTS

Attachment 1 – Statement of Work Attachment 2 – Evaluation Criteria Attachment 3 – 52.212-4 and 52.212-5 Attachment 4 – 52.204-24, 52.204-25, 52.204-26 and 52.212-3 Clauses Attachment 5 – Invoice Instructions

Version 11-30-2016-1 FAR Part 11—Describing Agency Needs

STATEMENT OF WORK (SERVICES)

(SOW)

GENERAL INFORMATION

Title of Project:

Collaborative Neuropsychiatric Disorders Research and Research Support for Clinical and Translational Neuroscience Branch

Statement of Need and Purpose:

The Clinical and Translational Neuroscience Branch (CTNB) conducts clinical research on severe neuropsychiatric disorders. The Branch carries out genetic, cognitive, and multimodal brain imaging studies in adults with schizophrenia, children with Williams’ Syndrome, children transition through puberty, and healthy volunteers. This difficult clinical research requires diverse expertise in clinical care and understanding of neuropsychiatric conditions, as well as familiarity with various modalities used in our studies, including functional magnetic resonance imaging (fMRI), magnetoencephalography (MEG) and Positive Emission Tomography with both inpatients and outpatients at NIMH. The CTNB requires collaborative and psychiatric clinical expertise and consultation to enhance the impact of research and ensure data are efficiently and accurately collected with minimal impact on subjects.

Background Information and Objective:

The overall goal of the collaboration with the Branch Chief and contractor is to ensure coordination of all aspects of the Branch’s clinical neuroscience research. Cognitive, genetic and multimodal imaging are highly technical and specialized areas of which the contractor must have knowledge in order to provide clinical research expertise to study staff and subjects who participate in protocols. CTNB seeks a contractor who is qualified to deliver experienced psychiatric nursing skill as the research involves participation by the seriously mentally ill. The contractor participates in advanced clinical assessments to ensure appropriate subject selection and participation. The contractor is needed to communicate with recruitment, branch, nursing, and medical staff to effect protocols. Finally, the contractor, in coordination with the Branch Chief, interacts with regulatory entities specifically the Institutional Review Board (IRB). The purpose of this acquisition is to acquire a neuroscience research nurse to monitor and implement studies and to provide coordination and management of Intramural Research Program (IRP) and IRB regulatory requirements.

Period of Performance:

The period of performance is 12 months from the date of award with two 12-month option years.

Proposed Base Year: April 1, 2020 to March 31, 2021 Proposed Option Year One: April 1, 2020 to March 31, 2021 Proposed Option Year Two: April 1, 2020 to March 31, 2021

Attachment 1 - Statement of Work

SCOPE OF WORK

General Requirements:

Independently and not as an agent of the Government, the Contractor shall furnish all the necessary services, qualified personnel, material, equipment, and facilities, not otherwise provided by the Government as needed to perform the Statement of Work below:

Specific Requirements:

The contractor shall:

-Participate in the recruitment of patients and family members by establishing relationships with referral sources in the metropolitan area as well as set-up systematic procedures for referrals when possible.

-Complete medical and psychiatric assessments of potential participants in multiple research protocols by collecting and reviewing past and present medical records; conduct interviews with research applicants and their families.

-Evaluate potential participant appropriateness for inclusion according to study criteria, particularly from a medical standpoint.

-Summarize all clinical and medical data into concise psychiatric narrative for presentation to psychiatrists and principal investigators, complete with recommendations for inclusion or exclusion from the protocol.

-Obtain informed consent from research participants.

-Conduct semi-structured psychiatric diagnostic interviews (SCID).

-Use additional clinical protocol preparation, regulatory work for the Branch, and IRB document preparations and processes.

-Provide clinical coverage to MRI scans as necessary.

The contractor also will provide services and materials to the collaborators so that they might complete studies of schizophrenia spectrum illnesses and Williams’ Syndrome. The contractor will perform these duties in collaboration with members of the IRP and CTNB. The contractor will participate in communicating with Branch staff on newly implemented clinical and regulatory procedures.

LEVEL OF EFFORT:

During the period of performance of the first 12 months from the date of award, the contractor shall provide approximately 15 hours per week for a total of 780 hours per year. Thereafter, during the option years, the contractor shall provide approximately 15 hours per week for a total of 780 hours per year.

GOVERNMENT RESPONSIBILITIES

These duties will be performed in collaboration with the personnel of the CTNB. Contractor meets regularly with Branch Chief to review routine Branch and regulatory needs. The CTNB will provide a government-furnished laptop, phone, and office space for the contractor in the Clinical Center.

DELIVERY OR DELIVERABLES

1. Description of Tasks and Associated Deliverables:

A progress report will be submitted six months into the contract in electronic format and every six months thereafter.

REPORTING REQUIREMENTS

A progress report will be submitted six months into the contract in electronic format and every six months thereafter.

OTHER CONSIDERATIONS

Travel:

The Contractor shall attend one or two recruitment opportunities (local or nationwide) per year.

Key Personnel:

N/A

Information System Security Plan:

An Information system security plan is applicable to this requirement because contractor personnel are expected to have routine (1) physical access to an HHS-controlled facility; (2) physical access to an HHS-controlled information system; (3) access to sensitive HHS data or information, whether in an HHS-controlled information system or in hard copy; or (4) any combination of circumstances (1) through (3).

The information system security plan pre-solicitation has been completed by the cognizant program official and signed by the NIMH Information Systems Security Officer and attached to the statement.

The contractor shall complete and submit a signed and witnessed "Commitment to Protect Non- Public Information – Contractor—Employee Non-Disclosure Agreement" form for each contractor and subcontractor employee who may have access to non-public Department information under this contract.

The Contractors will maintain compliance with NIH requirements for training and certification in the ethical conduct of research and the protection of participant information, as well the security of NIH computers and communications.

Data Rights:

The NIMH shall have unlimited rights to, and ownership of all deliverables provided under this contract, including reports, recommendations, briefings, work plans and all other deliverables.

This includes the deliverables provided under the basic contract and any optional task deliverables exercised by the contracting officer. In addition, it includes any additional deliverables required by contract change. The definition of “unlimited rights” is contained in Federal Acquisition Regulation (FAR) 27.401, “Definitions.” FAR clause 52.227-14, “Rights in Data-General,” is hereby incorporated by reference and made a part of this contract/order.

Section 508—Electronic and Information Technology Standards:

The contractor shall comply with Section 508 of the Rehabilitation Act (29 U.S.C. § 794d), as amended by the Workforce Investment Act of 1998 (P.L. 105-220), August 7, 1998.

Publications and Publicity:

The contractor will not write scientific publications based on this work.

Confidentiality of Information:

The Contractor(s) will not disclose, publish, divulge, release, or make known, in any manner or to any extent, to any individual other than the authorized government employee, the content of any sensitive information provided under this contract. For this requirement, the government may provide to the contractor(s) information or data of a personal nature about individual(s) or proprietary information or data pertaining to this project, which is confidential. This requirement is expected to generate information or data which is confidential. The Contractor(s) shall handle all sensitive information or data in a secure manner and consult with the authorized government employee prior to any release, disclosure, dissemination, or publication.

Contracting Officer’s Representative (COR)

1. The Contracting Officer's Representative (COR) contact information:

Charnita Jefferies National Institute of Mental Health, NIH

OD/ORM/EASB

31 Center Dr. Rm. 3B55

Bethesda, MD 20892

Direct Line: 301-443-0416 E-mail: Charnita.jefferies@nih.gov

2. The COR 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.

3. 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; (5) otherwise change any terms and conditions of this contract; or

(6) sign written licensing agreements.

4. The Government may unilaterally change the COR designation for this contract.

mailto:Charnita.jefferies@nih.gov

COLLABORATIVE NEUROPSYCHIATRIC DISORDERS RESEARCH AND RESEARCH

SUPPORT FOR CTNB

ATTACHMENT 2: TECHNICAL EVALUATION CRITERIA

FAR clause 52.212-2, Evaluation – Commercial Items applies to this acquisition and the specific evaluation criteria to be included in paragraph (a) of that provision are as follows:

The Government will award a contract or purchase order resulting from this requirement on the basis of best value, technical factors and price considered. Technical factors together shall be considered more important than price. The technical evaluation factors are as follows, in order of importance:

1. Factor 1: Professional/Technical Expertise

The Contractor’s proposal must demonstrate their knowledge and professional experience as it correlates to the experience outlined in the statement of work under contractor’s experience.

Proposal must include a CV or a resume that clearly details offerors relevant experience and knowledge of diverse expertise in clinical care and understanding of neuropsychiatric conditions, as well as familiarity with various modalities used in our studies, including functional magnetic resonance imaging (fMRI), magnetoencephalography (MEG) and Positive Emission Tomography with both inpatients and outpatients at NIMH.

The Offer shall detail their demonstrated qualifications and experience as it relates to the contractor requirements listed in the scope of work in the statement of work.

The contractor will provide summary data on the work they have performed. This will include:

A) Extensive experience in the recruitment of patients and family members by establishing relationships with referral sources in the Washington, DC area as well as set-up systematic procedures for referrals when possible

B) Extensive experience completing medical and psychiatric assessments of potential participants in multiple research protocols by collecting and reviewing past and present medical records; conduct interviews with research applicants and their families

C) Experience in summarizing clinical and medical data into concise psychiatric narrative for presentation to psychiatrists and principal investigators, complete with recommendations for inclusion or exclusion from protocols

D) Experience conducting semi-structured psychiatric diagnostic interviews (SCID)

E) Experience working on clinical protocol preparation, regulatory work and IRB document preparations and processes

Attachment 2 - Evaluation Criteria

2. Factor 2: Past Performance

The Contractor shall provide at least two (2) past performance references with knowledge of the contractor’s relevant skills and experience related to the requirements outlined in this Statement of Work.

References shall include the following information:

a. Name of Organization

b. Brief Description of Contractor’s Responsibilities

c. Contact Name and Title

Past Performance shall be evaluated for relevance to completing medical and psychiatric assessments of potential participants in research protocols, summarizing clinical and medical data into a concise psychiatric narrative for presentations, conducting semi-structured psychiatric diagnostic interviews and completing clinical protocol preparations, regulatory work and IRB document preparation and processes.

Technical proposals will be evaluated using a summary adjectival rating in accordance with the following scale:

Excellent The proposal has exceptional merit and reflects an excellent approach which will clearly result in the superior attainment of all requirements and objectives. The risk of unsuccessful performance is very low as the proposal provides a clear understanding of the requirements and demonstrates the offerors ability to meet the requirement. Risk Level: Very Low

Good The proposal demonstrates an approach which is expected to meet all requirements and objectives. This approach includes advantageous characteristics of substance, and few relatively minor disadvantages, which collectively can be expected to result in satisfactory performance. The risk of unsuccessful performance is low as the proposal contains alternative solutions which are considered feasible and practical. These solutions are further considered to reflect low risk in that they are clear and precise, supported, and demonstrate an understanding of the requirements. Risk Level: Low

Acceptable The proposal demonstrates an approach which is capable of meeting all requirements and objectives. The approach includes both advantageous and disadvantageous characteristics of substance, where the advantages are not outweighed by the disadvantages. Collectively, the advantages and disadvantages are likely to result in acceptable performance. The risk of unsuccessful performance is moderate, as the proposal solutions are generally feasible and practical. These solutions may also be considered to reflect moderate risk in that they may be somewhat clear and precise, partially supported, and/or demonstrate a general understanding of the requirements. Risk Level: Neutral

Marginal The proposal demonstrates an approach which may not be capable of meeting all requirements and objectives. The approach has disadvantages of substance and advantages, which if they exist, are outweighed by the disadvantages. Collectively, the advantages and disadvantages present a low or questionable likelihood of resulting in satisfactory performance. The risk of unsuccessful performance is high as the proposal contains solutions which may not be feasible and practical. These solutions may also be considered to reflect high risk in that they lack clarity and precision, are generally unsupported, and/or do not demonstrate a complete understanding of the requirements. Risk Level: High

Unacceptable The proposal demonstrates an approach which, based on a very high risk, will very likely not be capable of meeting all requirements and objectives. This approach has several disadvantages of substance, and advantages which, if they exist, are outweighed by disadvantages.

Collectively, the advantages and disadvantages are unlikely to result in satisfactory performance. The risk of unsuccessful performance is very high as the proposal contains solutions which are not feasible and practical. The solutions may also be considered to reflect very high risk in that they lack any clarity or precision. Risk Level: Very High

52.212-4 -- Contract Terms and Conditions -- Commercial Items.

As prescribed in 12.301(b)(3), insert the following clause:

Contract Terms and Conditions -- Commercial Items (Oct 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights --

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C.3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71,Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of

Attachment 3 - FAR Clauses 52.212-4 and 52.212-5 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/12.htm#P128_20650 any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include --

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(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;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer— System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.

3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt Payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period at fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law.

If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) Reserved

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End Use License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL

ITEMS (Aug 2019)

[Contracting officer check as appropriate.] https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137622 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1141983 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1144881 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1141649 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1151163 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1151299 https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1140926 https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1145644 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1135955 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1135970 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136004 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136017 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136032 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136017 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136174 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136175 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136186 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136387 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1139913 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1144950 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1144420 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1147479 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1147630 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1147656 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1147711 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1158632 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1162802 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1148123 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1160019 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1151848 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1156645 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1168892 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1168917 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1168917 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1168933 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1194330 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1194323 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1179078 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1188603 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1189174 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1197699 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1192898 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1192900 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1169038 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1169151 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1169608 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1192524 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1173773 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1173393 https://www.acquisition.gov/sites/default/files/current/far/html/52_232.html#wp1153230 https://www.acquisition.gov/sites/default/files/current/far/html/52_232.html#wp1153252 https://www.acquisition.gov/sites/default/files/current/far/html/52_232.html#wp1153351 https://www.acquisition.gov/sites/default/files/current/far/html/52_232.html#wp1153375 https://www.acquisition.gov/sites/default/files/current/far/html/52_232.html#wp1153445 https://www.acquisition.gov/sites/default/files/current/far/html/52_233_240.html#wp1113650 https://www.acquisition.gov/sites/default/files/current/far/html/52_241_244.html#wp1128833 https://www.acquisition.gov/sites/default/files/current/far/html/52_247.html#wp1156217 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1147587 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1160021 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1153423 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1148260 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1148274 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1155380 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1162590 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1163027 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1170084 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1183820

FAC 52.212-5 as of FAC 2019-05 (8/13/2019) Edited 8/13/2019

REPRESENTATIONS AND CERTIFICATIONS

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019)

(a) Definitions. As used in this provision--

Covered telecommunications equipment or services, Critical technology, and Substantial or essential component have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractors are not prohibited from providing--

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Representation. The Offeror represents that--

It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.

(d) Disclosures. If the Offeror has responded affirmatively to the representation in paragraph (c) of this provision, the Offeror shall provide the following information as part of the offer--

(1) All covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

(2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision;

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known);

and

*All yellow highlighted fields must be completed.

Attachment 4 - FAR Clauses 52.204-24, 52.204-25, 52.204-26 and 52.212-3 knightlyrd Highlight

(4) For equipment, the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

(End of clause)

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2019)

As prescribed in 4.2105(b), insert the following clause:

PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE

SERVICES OR EQUIPMENT (AUG 2019)

(a) Definitions. As used in this clause— Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means-

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other…