RFP_2015-N-16901_Amendment_00001.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE

PAGE OF PAGES

1 4

2. AMENDMENT/MODIFICATION NO.

00001

3. EFFECTIVE DATE

05/08/2015

4. REQUISITION/PURCHASE REQ. NO.

5. PROJECT NO. (If applicable)

6. ISSUED BY CODE 436 7. ADMINISTERED BY (If other than Item 6) CODE 436

Centers for Disease Control and Prevention PGO Office of Acquisition Services - Branch 4 626 Cochrans Mill Road Pittsburgh PA 15236-0070

Centers for Disease Control and Prevention PGO Office of Acquisition Services - Branch 4 626 Cochrans Mill Road Pittsburgh PA 15236-0070

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

All Potential Offerors

X

9A. AMENDMENT OF SOLICITATION NO.

2015-N-16901

9B. DATED (See Item 11)

04/22/2015

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (See Item 13)

CODE FACILITY CODE

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended, X is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEGMENT

TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT

IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

The purpose of this amendment is to provide answers to questions submitted in response to the solicitation. The answers are contained on continuation pages attached to this Standard Form 30. The

03:30 PM 05/22/15, due date of the solicitation is not extended by this amendment.

Responses remain due by 03:30 PM local time 05/22/15. See continuation page for questions and answers.

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

16A. NAME OF CONTRACTING OFFICER

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

15C. DATE SIGNED

16B. UNITED STATES OF AMERICA

BY ___________________________________________

(Signature of Contracting Officer)

16C. DATE SIGNED

NSN 7540-01-152-8070 STANDARD FORM 30 (REV. 10-83)

PREVIOUS EDITION UNUSABLE 30-105 Prescribed by GSA

FAR (48 CFR) 53.243

ITEM 10A.

2015-N-16901 00001

Solicitation RFP 2015-N-16901 – Canopy Air Curtain to Reduce Respirable Coal

Mine Dust Exposure for Shuttle Car Operators

Questions and Answers

1. Question(s) –

How will intellectual property be handled with this project? Will it be solely owned by the group that submits this project or will it be jointly owned with NIOSH?

Answer(s) –

FAR 52.227-11 and 52.227-14 incorporated by reference in the solicitation are available in full text at the following web site.

https://www.acquisition.gov/?q=browsefar

FAR 52.227-11 Patent Rights – Ownership by the Contractor, provides that the contractor may retain ownership, or a royalty-free license, of each invention. See following excerpt, and full text at above website.

52.227-11 Patent Rights -- Ownership by the Contractor (Dec 2007)

(b) Contractor’s rights.

(1) Ownership. The Contractor may retain ownership of each subject invention throughout the world in accordance with the provisions of this clause.

(2) License.

(i) The Contractor shall retain a nonexclusive royalty-free license throughout the world in each subject invention to which the Government obtains title, unless the Contractor fails to disclose the invention within the times specified in paragraph (c) of this clause. The Contractor’s license extends to any domestic subsidiaries and affiliates within the corporate structure of which the Contractor is a part, and includes the right to grant sublicenses to the extent the Contractor was legally obligated to do so at contract award. The license is transferable only with the written approval of the agency, except when transferred to the successor of that part of the

Contractor’s business to which the invention pertains.

(ii) The Contractor’s license may be revoked or modified by the agency to the extent necessary to achieve expeditious practical application of the subject invention in a particular country in accordance with the procedures in FAR

27.302(i)(2) and 27.304-1(f).

FAR 52.227-14 Rights in Data – General, provides that the Government has unlimited rights in data produced in the contract, and the contractor may copyright, release to others, reproduce, distribute, or publish any data produced under the contract. See following excerpt, and full text at website above also.

52.227-14 Rights in Data – General (May 2014)

(b) Allocation of rights.

(1) Except as provided in paragraph (c) of this clause, the Government shall have unlimited rights in—

(i) Data first produced in the performance of this contract;

https://www.acquisition.gov/?q=browsefar https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2027_3.html#wp1041967 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2027_3.html#wp1042050

(ii) Form, fit, and function data delivered under this contract;

(iii) Data delivered under this contract (except for restricted computer software) that constitute manuals or instructional and training material for installation, operation, or routine maintenance and repair of items, components, or processes delivered or furnished for use under this contract;

and

(iv) All other data delivered under this contract unless provided otherwise for limited rights data or restricted computer software in accordance with paragraph (g) of this clause.

(2) The Contractor shall have the right to—

(i) Assert copyright in data first produced in the performance of this contract to the extent provided in paragraph (c)(1) of this clause;

(ii) Use, release to others, reproduce, distribute, or publish any data first produced or specifically used by the Contractor in the performance of this contract, unless provided otherwise in paragraph (d) of this clause;

(iii) Substantiate the use of, add, or correct limited rights, restricted rights, or copyright notices and to take other appropriate action, in accordance with paragraphs (e) and (f) of this clause; and

(iv) Protect from unauthorized disclosure and use those data that are limited rights data or restricted computer software to the extent provided in paragraph (g) of this clause.

2. Question(s) –

If the design comes from the group submitting the proposal, what role will

NIOSH play other than funding (e.g. validation, design enhancements, recommendations, etc.)?

Answer(s) –

Below are solicitation Objective and Scope of Work excerpts for solicitation and award intents.

Objective

Past research has demonstrated that canopy air curtain technology has successfully reduced respirable dust levels …... NIOSH is seeking proposals for reducing respirable dust exposures to underground shuttle car operators through development of an innovative canopy air curtain design that can be implemented on shuttle cars. This design ……..

Scope of Work

The contractor shall design, fabricate, and demonstrate a canopy air curtain system for shuttle cars that will reduce the operators’ respirable dust exposure. This control intervention must be integrated into the working space of the shuttle car ……. .

Below are Section G.7 Technical Monitoring excepts, for the Government and technical representative role in support of the contract. See solicitation for text.

G.7 Technical Monitoring (Jul 1999)

(a) Performance of the work under this contract shall be subject to the technical monitoring of the Contracting Officer Representative (COR). The term “Technical Monitoring” is defined to include, without limitation, the following:

(1) Technical 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 contractual scope of work.

(2) Providing information to the Contractor for assistance in the interpretation of drawings, specifications or technical portions of the work description.

(3) Review and, where required by the contract, approve of technical reports, drawings, specifications and technical information to be delivered by the Contractor to the Government under the contract.

(b) Technical direction must be within the general scope of work stated in the contract. ………….

(End of Clause)

3. Question(s) –

Has the "firm fixed price contract award is intended" been determined? If so, how much?

Answer (s)

A firm fixed price type contract award is anticipated. The firm fixed price award amount is for the offer to determine and propose, based upon the technical proposal approach submission provided under the solicitation. The firm fixed price has not been determined.