75D301-22-R-72306.pdf

PAGES

15A. NAME

AND

ADDRESS

OF

OFFEROR

SEC. PAGE(S) SEC. PAGE(S)

(Date) (Hour)

CALENDAR DAYS

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amend-ments to the SOLICITATION for offerors and related documents numbered and dated:

(Type or Print)

SOLICITATION, OFFER AND AWARD 1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

RATING

N/A

PAGE OF

1 27

2. CONTRACT NO.

3. SOLICITATION NO.

75D301-22-R-72306

4. TYPE OF SOLICITATION

SEALED BID (IFB)

X NEGOTIATED (RFP)

5. DATE ISSUED

7/29/2022

6. REQUISITION/PURCHASE

NO.

00HCVGDE-2022-63865

20/20227. ISSUED BY CODE 8219 8. ADDRESS OFFER TO (If other than Item 7)

Centers for Disease Control and Prevention (CDC)

Office of Acquisition Services (OAS)

2900 Woodcock Blvd, MS TCU-4

Atlanta, GA 30341-4004

Approved as to Form and Legality: _____________________________

NOTE: In sealed bid solicitations “offer” and “offeror” mean “bid” and “bidder.”

SOLICITATION

9. Sealed offers in original and copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in until 2:00p local time 8/15/2022

CAUTION -- LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME

Leah Allen

B. TELEPHONE (NO COLLECT CALLS)

AREA CODE NUMBER: EXT:

(571) 224-7602

C. E-MAIL ADDRESS

Tcq6@cdc.gov

11. TABLE OF CONTENTS

(x) DESCRIPTION (x) DESCRIPTION

PART I – THE SCHEDULE PART II – CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM 1 X I CONTRACT CLAUSES 17

X B SUPPLIES OR SERVICES AND PRICES/COSTS 2 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

X C DESCRIPTION/SPECS./WORK STATEMENT 3 X J LIST OF ATTACHMENTS 206

X D PACKAGING AND MARKING 8 PART IV – REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE 9 REPRESENTATIONS, CERTIFICATIONS, AND

X F DELIVERIES OR PERFORMANCE 10 X K OTHER STATEMENTS OF OFFERORS 27

X G CONTRACT ADMINISTRATION DATA 11 X L INSTRS., CONDS., AND NOTICES TO OFFERORS 30

X H SPECIAL CONTRACT REQUIREMENTS 15 X M EVALUATION FACTORS FOR AWARD 34

OFFER (Must be fully completed by offeror)

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52-232-8)

10 CALENDAR DAYS

20 CALENDAR DAYS

30 CALENDAR DAYS

AMENDMENT NO. DATE AMENDMENT NO. DATE

CODE FACILITY 16. NAME AND ADDRESS OF PERSON AUTHORIZED TO SIGN OFFER

15B. TELEPHONE NO.

AREA CODE NUMBER EXT.

15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

17. SIGNATURE

18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

21. ACCOUNTING AND APPROPRIATION

10 U.S.C. 2304(c)( ) X 41 U.S.C. 253(c)(1)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE 434

Centers for Disease Control and Prevention (FMO)

PO Box 15580 404-718-8100

Atlanta, GA 30333-0080

26. NAME OF CONTRACTING OFFICER (Type or print)

27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

28. AWARD DATE

IMPORTANT -- Award will be made on this form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 33 (REV. 9-97)

PREVIOUS EDITION IS UNUSABLE Prescribed by GSA

FAR (48 CFR) 53.214©

K

Section B - Supplies Or Services And Prices/Costs

BASE YEAR

ITEM SUPPLIES / SERVICES QTY / UNIT UNIT PRICE EXTENDED PRICE

0001 Ferret Pre-Bleeds

Firm Fixed Price

Maximum 1392 Each

Minimum: 116 Each

0002 FERRETS

0003 DELIVERY

Maximum 12 Each

Minimum 1 Each

OPTION 1 YEAR 2:

1001 Ferret Pre-Bleeds

1002 FERRETS

1003 DELIVERY

OPTION 2 YEAR 3:

2001 Ferret Pre-Bleeds

2002 FERRETS

2003 DELIVERY

OPTION 3 YEAR 4:

3001 Ferret Pre-Bleeds

OPTION 4 YEAR 5:

3002 FERRETS

3003 DELIVERY

4001 Ferret Pre-Bleeds

4002 FERRETS

4003 DELIVERY

SECTION C - DESCRIPTION/SPECIFICATION/WORK STATEMENT

Title of Project: Influenza-free Ferret Supply for Improving Public Health

C.1 Background and Need: The Influenza Division at CDC requires access to healthy ferrets that are serologically negative against all influenza virus strains. These animals are needed for i) the production of strain-specific immune sera for use as a diagnostic reagent and to monitor antigenic drift of circulating influenza viruses which is necessary to assist with influenza vaccine composition recommendations ii) the safety and efficacy testing of vaccine candidates against influenza viruses with the potential to cause a pandemic and iii) the evaluation of the virulence, transmissibility and antiviral resistance of emerging influenza viruses that pose a threat to public health. Pursuing these critical missions of the Influenza Division is dependent on a constant and reliable supply of influenza-free ferrets.

C.2 Project Objective – The purpose of this contract is to secure a stable supply of healthy ferrets that are sero-negative against influenza A and B viruses so that the Influenza Division at CDC can provide accurate and reliable assessments of influenza surveillance, safety and efficacy of vaccine candidates and risk assessments of emerging influenza viruses that pose a threat to public health.

C.3 Scope of Work –

The contractor will provide the CDC with a monthly inventory of ferrets available for purchase. This inventory must include at least 50 healthy, neutered, male ferrets that are 3-6 months of age and are sero-negative against influenza A and B viruses. The contractor will provide up to 116 ferret pre-bleeds per month selected by the CDC based on the provided inventory list. Sera will be tested by the CDC to confirm sero-negativity. The contractor will deliver up to 116 ferrets in a single delivery each month based on the testing results and projected needs of the CDC.

All ferrets will be transported in sealed, HEPA-filtered containers and in a climate controlled environment.

C.4 Technical Requirements –

Ferret Inventory Maintenance:

All CDC-bound ferrets at the contractor’s facility will be maintained inside of a HEPA-filtered enclosure. All staff entering the enclosure will wear appropriate personal protective equipment, including respirator to protect the animals from potential exposure to influenza virus. Any staff experiencing influenza-like illness will not enter the ferret housing enclosure. All ferrets will be neutered by 20 weeks of age and at least 4 weeks before shipment to ensure full recovery prior to shipment. Ferrets must be free of Epizootic Catarrhal Enteritis, Canine Distemper, Aleutian Disease, ecto- and endoparasites, Campylobacter, coccidiosis, Rabies, and fungal organisms, to include

Microsporum canis and Trichophyton mentagrophytes. An up to date inventory account of available ferrets will be provided to the Contracting Officer’s Representative (COR) at the CDC via email by the 1st day of each month and will include the dates of birth for each lot of animals. The ferret inventory will be maintained so that at least 50 healthy, male ferrets that are sero-negative to influenza A and B viruses will be available on any given month. The age of these ferrets will be restricted to 3-6 months at the time of inventory assessment. Each month the CDC will select up to 116 ferrets from the inventory to screen for potential purchase; the COR will communicate this selection to the contractor in an email.

Delivery of Ferret Prebleeds:

The contractor will collect blood samples from each of the selected ferrets and will isolate approximately 0.2-0.5 mL of serum from each sample. This will be accomplished by centrifugation of whole blood and transfer of the separated top layer of serum to a fresh, sterile vial that is labeled with the corresponding ferret ear tag number. Ear tag numbers will be kept in consecutive order as much as possible. Within 3 business days of the CDC’s request for prebleeds, the contractor will ship the frozen serum samples via overnight delivery to the CDC so that they arrive on a non-holiday, business day. The contractor will also email the COR a list of the prebleeds (itemized by ear tag ID) with each ferret’s date of birth included. The sera will be tested for the presence of influenza antibody by the CDC and, based on the results, the COR will communicate via email which ferrets should be delivered to the CDC.

Delivery of Ferrets:

Up to 12 deliveries per year (1 per month) will be scheduled between the contractor and the COR at the CDC. Each delivery will be scheduled within two weeks of the COR’s communication of screening results to the contractor. All ferrets will be housed in sealed, HEPA-filtered animal transport containers and transportation will occur in a climate-controlled environment. Transport containers will be positioned so that ample airflow is maintained during transport. Ferrets are extremely sensitive to elevated temperatures. Anyone loading or unloading the ferrets should wear personal protective equipment including a respirator to protect the animals from potential exposure to influenza during transport to the CDC. If ferrets are transported via ground, a back-up vehicle will be available in case the primary transport vehicle malfunctions.

Replacement Prebleeds and Ferrets:

Any ferret prebleed found to be sero-positive will be replaced with another from a ferret chosen by the COR at no cost to CDC. Any ferrets that die in transit will be replaced by the contractor at no cost to the CDC. Any ferret identified as sero-positive after being tested upon arrival at the CDC will be replaced by the contractor at no cost to the CDC. During quarantine, any ferret with an excluded pathogen or serious condition that cannot be effectively treated will be replaced by the contractor at no cost to the CDC. During quarantine, if any ferret is found with an excluded pathogen or condition that can be effectively treated, but the treatment extends quarantine enough to delay usage by the CDC, the contractor will be liable for the additional per diem quarantine costs of all animals in the quarantined group until the condition has resolved.

Annual Site Visits:

Senior veterinary staff from CDC will travel to the contractor’s facilities once a year or as needed to perform inspections. These inspections will include a tour of the facility and review of current procedures and protocols used for the rearing of healthy, influenza-free ferrets.

C.5 Reporting Schedule –

• An inventory of available animals, including the quantity per lot and the dates of birth of each lot of animals, will be provided to the COR at the CDC via email by the 1st day of each month.

• Each shipment of prebleeds will contain the vials of serum labeled with the corresponding ferret ear tag number in consecutive order as much as possible. At the time of pre-bleed shipment, the contractor will provide the COR with an itemized list of ferret ear tag IDs and their corresponding dates of birth.

• If the contractor becomes aware of any potential problems related to ferret well-being, sero-positivity or availability, the COR at the CDC is to be notified immediately.

C.6 Special Considerations –

• Ferrets are to be housed as prescribed in chapter three, “Environment, Housing and Management,” in the

2011 National Research Council’s Guide for the Care and Use of Laboratory Animals. When using this guide, refer to the requirements described for cats, as they are closest to ferrets in regards to care, feeding and housing.

• Personnel caring for and transporting ferrets should be appropriately trained and provided with clearly defined procedures for conducting their duties including but not limited to personal hygiene, zoonoses, chemical safety, microbiologic and physical hazards (2011, National Research Council, page 20).

• All staff in direct contact with these ferrets must wear personal protective equipment that includes respirators, gloves, and hair and shoe covers at all times when in the facility. Street clothes and shoes are not to be worn in animal enclosure at any time.

• Contractor shall supply colony sentinel reports/surveillance program reports at least quarterly for all areas from which ferrets are supplied. The sentinel reports/surveillance program should clearly indicate that the ferrets are tested for and free of the following pathogens:

Epizootic Catarrhal Enteritis

Canine Distemper*

Rabies*

Aleutian Disease

Endoparasites

Campylobacter

Coccidia**

* Documented vaccination may be used in lieu of testing for both Canine Distemper and Rabies

** Documented usage of an effective anti-coccidia regimen (including, but not limited to sulfadimethoxine

- Albon) within two weeks may be used in lieu of testing

• The Public Health Service (PHS) Policy on Humane Care and Use of Laboratory Animals requires that institutions receiving PHS support for activities involving animals base their programs of animal care and use on the 2011 National Research Council’s Guide for the Care and Use of Laboratory Animals and comply, as applicable, with the Animal Welfare Act and other Federal statutes and regulations relating to animals.

C.7 Government Furnished Property- N/A

C.8 References –

National Research Council, Guide for the Care and Use of Laboratory Animals, 2011, National Academy Press, Washington D.C.

Code of Federal Regulations, Title 9--Animals and Animal Products, Chapter 1, Part 3, revised January1, 2006

SECTION D - PACKAGING AND MARKING

D.1 Packaging Requirements (Nov 2003)

Ferrets are to be shipped in hepa-filtered containers (containers are to be air conditioned in spring/summer and/or during hot weather). Ferrets are to be shipped in a manner as to assure safe arrival at destination.

(End of Clause)

D.2 Marking Requirements (May 1998)

Shipping containers will be marked indicating that live animals are inside and that ferrets are to remain in hepa-filtered containers until ferrets are removed from the hepa-filtered containers at final CDC destination.

Also, the contractor must mark/stencil all shipping containers with the following information:

Agency

Description of Contents

CDC Contract Number

Contractor’s Name and Address

SECTION E - INSPECTION AND ACCEPTANCE

E.1 Inspection and Acceptance (Jul 1999)

Inspection and acceptance of the articles, services, and documentation called for herein shall be accomplished by the

Contracting Officer, or his duly authorized representative (who for the purposes of this contract shall be the Project

Officer) at the destination of the articles, services or documentation.

FAR SOURCE TITLE AND DATE

52.246-2 Inspection of Supplies – Fixed-Price (Aug 1996)

52.246-16 Responsibility for Supplies (Apr 1984)

SECTION F - DELIVERIES OR PERFORMANCE

F.1 Place of Delivery (May 1998)

Deliveries shall be made F.O.B. Destination to the following address:

Centers for Disease Control and Prevention

Receiving – Building 11

1600 Clifton Road, N.E.

Atlanta, GA 30033

F.2 Estimated Period of Performance

Base Period: 9/15/2022 – 9/14/2023

Option Year 1: 9/15/2023 – 9/14/2024

Option Year 2: 9/15/2024 – 9/14/2025

Option Year 3: 9/15/2025 – 9/14/2026

Option Year 4: 9/15/2026 – 9/14/2027

F.3 Deliverable(s) Schedule (Jul 1999)

TO BE ESTABLISHED ON INDIVIDUAL DELIVERY ORDERS

The Contractor shall deliver within the time frames specified in the SOW.

Deliverables – Actual order will be placed at delivery order level

• An inventory of available animals, including the quantity per lot and the dates of birth of each lot of animals, will be provided to the COR at the CDC via email by the 1st day of each month.

• Each month the contractor will provide up to 116 prebleeds at the request of the COR at the CDC from the inventory list. Prebleeds will be shipped via overnight delivery to the CDC within 3 business days of the request. At the time of pre-bleed shipment, the contractor will provide the COR with an itemized list of consecutive ear tag IDs and their corresponding dates of birth.

• After CDC has screened the prebleeds, the COR will communicate by email to the contractor which ferrets to ship. The contractor will schedule delivery of the ferrets within 2 weeks of this notification.

• A health report will be provided by the contractor for each animal prior to shipment.

• The most recent quarterly colony surveillance report will be provided by the contractor prior to shipment.

• Any replacement prebleeds, ferrets, or refunded quarantine per diem costs will be delivered as requested by the COR.

52.211-17 Delivery of Excess Quantities (Sep 1989)

52.242-15 Stop-Work Order (Aug 1989)

52.242-17 Government Delay of Work (Apr 1984)

52.247-34 F.O.B. Destination (Nov 1991)

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 Contracting Officer (Jul 1999)

(a) The Contracting Officer is the only individual who can legally commit the Government to the expenditure of public funds. No person other than the Contracting Officer can make any changes to the terms, conditions, general provisions, or other stipulations of this contract.

(b) No information, other than that which may be contained in an authorized modification to this contract, duly issued by the Contracting Officer, which may be received from any person employed by the United States

Government, or otherwise, shall be considered grounds for deviation from any stipulation of this contract.

G.2 Contract Communications/Correspondence (Jul 1999)

The Contractor shall identify all correspondence, reports, and other data pertinent to this contract by imprinting thereon the contract number from Page 1 of the contract.

G.3 CDC0_G018 Payment by Electronic Funds Transfer (Feb 2018)

(a) The Government shall use electronic funds transfer to the maximum extent possible when making payments under this contract. FAR 52.232-33, Payment by Electronic Funds Transfer –System for Award Management, in

Section I, requires the contractor to designate in writing a financial institution for receipt of electronic funds transfer payments.

(b) In the case that EFT information is not within the System of Award Management, FAR 52.232-34 requires mandatory submission of Contractor’s EFT information directly to the office designated in this contract to receive that information (hereafter: “designated office”); see below. The contractor shall submit the EFT information within the form titled “ACH Vendor/Miscellaneous Payment Enrollment Form” to the address indicated below. Note: The form is either attached to this contract (see Section J, List of Attachments) or may be obtained by contacting the

Contracting Officer or the CDC Office of Financial Resources at 678-475-4510.

(c) In cases where the contractor has previously provided such information, i.e., pursuant to a prior contract/order, and been enrolled in the program, the form is not required unless the designated financial institution has changed.

(d) The completed form shall be mailed after award, but no later than 14 calendar days before an invoice is submitted, to the following address:

The Centers for Disease Control and Prevention

Office of Financial Resources (OFR)

P.O. Box 15580

Atlanta, GA 30333

Or – Fax copy to 404-638-5342

G.4 CDC0_G008 Contracting Officer’s Representative (COR) (Jul 2017)

Performance of the work hereunder shall be subject to the technical directions of the designated COR for this contract.

As used herein, technical directions are directions to the Contractor which fill in details, suggests possible lines of inquiry, or otherwise completes the general scope of work set forth herein. These technical directions must be within the general scope of work, and may not alter the scope of work or cause changes of such a nature as to justify an adjustment in the stated contract price/cost, or any stated limitation thereof.

In the event that the Contractor believes full implementation of any of these directions may exceed the scope of the contract, he or she shall notify the originator of the technical direction and the Contracting Officer, immediately or as soon as possible, in a letter or e-mail separate of any required report(s). No technical direction, nor its fulfillment, shall alter or abrogate the rights and obligations fixed in this contract.

The Government COR is not authorized to change any of the terms and conditions of this contract. Contract changes shall be made only by the Contracting Officer by properly written modification(s) to the contract.

The Government will provide the Contractor with a copy of the COR delegation memorandum upon request.

G.5 CDC42.0002 Evaluation of Contractor Performance Utilizing CPARS (Aug 2021)

In accordance with FAR 42.15, the Centers for Disease Control and Prevention (CDC) will review and evaluate contract performance. FAR 42.1502 and 42.1503 requires agencies to prepare evaluations of contractor performance and submit them to the Contractor Performance Assessment Reporting System (CPARS). The CDC utilizes this web-based system to prepare and report contractor performance evaluations. All information contained in these assessments may be used by the Government, within the limitations of FAR 42.15, for future source selections in accordance with FAR 15.304 where past performance is an evaluation factor.

The CPARS system requires a contractor representative to be assigned so that the contractor has appropriate input into the performance evaluation process. The CPARS contractor representative will be given access to CPARS and will be given the opportunity to concur or not-concur with performance evaluations before the evaluations are complete. The CPARS contractor representative will also have the opportunity to add comments to performance evaluations.

The assessment is not subject to the Disputes clause of the contract, nor is it subject to appeal beyond the review and comment procedures described in the guides on the CPARS website. Refer to: www.cpars.gov for details and additional information related to CPARS, CPARS user access, how contract performance assessments are conducted, and how Contractors participate. Access and training for all persons responsible for the preparation and review of performance assessments is also available at the CPARS website.

The contractor must provide the CDC contracting office with the name, e-mail address, and phone number of their designated CPARS representative who will be responsible for logging into CPARS and reviewing and commenting on performance evaluations. The contractor must maintain a current representative to serve as the contractor representative in CPARS. It is the contractor’s responsibility to notify the CDC contracting office, in writing (letter or email), when their CPARS representative information needs to be changed or updated. Failure to maintain current CPARS contractor representative information will result in the loss of an opportunity to review and comment on performance evaluations.

http://www.cpars.gov/

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 Health and Safety Requirements (Oct 2007)

The Contractor shall be responsible for implementing the appropriate controls for protection to the life and health of employees and other persons in the performance of the contract. The contractor shall comply with all applicable federal, state and local environmental, health and safety regulations and standards, nationally recognized guidelines, and any specific requirements specified by the Government, such as, but not limited to 1) 29 CFR part 1910 –

Occupational safety and health standards, including the requirements for hazard assessments, personal protection equipment selection, training of employees and other persons in the recognition of hazards and specific procedures implemented to protect from exposure, such as appropriate work practices, emergency procedures, proper use and limitations of personal protective equipment, and medical management, including immunizations, medical surveillance and incident reporting procedures, and medical evaluation and follow-up; 2) 40 CFR parts 1 – 799, Environmental protection Agency; 3) 10 CFR parts 0 – 199, Nuclear Regulatory Commission; 4) Biosafety in

Microbiological and Biological laboratories, U.S Department of Health and Human Services, HHS Publication No.

CDC93-8395; 5) Biosafety in the Laboratory: Prudent Practices for Handling and Disposal of Infectious Materials;

6) Prudent Practices for Handling Hazardous Chemicals in the Laboratory; and 7) Prudent Practices for the

Disposal of Chemicals from the Laboratory.

H.2 HHSAR 352.270-5b Care of Live Vertebrate Animals (December 18, 2015)

(a) Before undertaking performance of any contract involving animal-related activities where the species is regulated by the United Sates Department of Agriculture (USDA), the Contractor shall register with the Secretary of

Agriculture of the United States in accordance with 7 U.S.C. 2136 and 9 CFR sections 2.25 through 2.28. The

Contractor shall furnish evidence of the registration to the Contracting Officer.

(b) The Contractor shall acquire vertebrate animals used in research from a dealer licensed by the Secretary of

Agriculture under 7 U.S.C. 2133 and 9 CFR sections 2.1-2.11, or from a source that is exempt from licensing under those sections.

(c) The Contractor agrees that the care, use, and intended use of any live vertebrate animals in the performance of this contract shall conform with the Public Health Service (PHS) Policy on Humane Care of Use of Laboratory

Animals (PHS Policy), the current Animal Welfare Assurance (Assurance), the Guide for the Care and Use of

Laboratory Animals (National Academy Press, Washington, DC) and the pertinent laws and regulations of the

United States Department of Agriculture (see 7 U.S.C. 2131 et seq. and 9 CFR subchapter A, Parts 1-4). In case of conflict between standards, the more stringent standard shall govern.

(d) If at any time during performance of this contract, the Contracting Officer determines, in consultation with the

Office of Laboratory Animal Welfare (OLAW), National Institutes of Health (NIH), that the Contractor is not in compliance with any of the requirements and standards stated in paragraphs (a) through (c) above, the Contracting

Officer may immediately suspend, in whole or in part, work and further payments under this contract until the

Contractor corrects the noncompliance. Notice of the suspension may be communicated by telephone and confirmed in writing. If the Contractor fails to complete corrective action within the period of time designated in the

Contracting Officer’s written notice of suspension, the Contracting Officer may, in consultation with OLAW, NIH, terminate this contract in whole or in part, and the Contractor’s name may be removed from the list of those contractors with Animal Welfare Assurances.

Note: The Contractor may request registration of its facility and a current listing of licensed dealers from the

Regional Office of the Animal and Plant Health Inspection Service (APHIS), USDA, for the region in which its research facility is located. The location of the appropriate APHIS Regional Office, as well as information concerning this program may be obtained by contacting the Animal Care Staff, USDA/APHIS, 4700 River Road, Riverdale, Maryland 20737 (E-mail: ace@aphis.usda.gov; website:

http://www.aphis.usda.gov/wps/portal/aphis/ourfocus/animalwelfare).

(End of clause) mailto:ace@aphis.usda.gov http://www.aphis.usda.gov/wps/portal/aphis/ourfocus/animalwelfare

H.3 HHSAR 352.203-70 Anti-Lobbying (DEC 2015)

Pursuant to the HHS annual appropriations acts, except for normal and recognized executive-legislative relationships, the Contractor shall not use any HHS contract funds for:

(a) Publicity or propaganda purposes;

(b) The preparation, distribution, or use of any kit, pamphlet, booklet, publication, electronic communication, radio, television, or video presentation designed to support or defeat the enactment of legislation before the Congress or any State or local legislature or legislative body, except in presentation to the Congress or any state or local legislature itself; or designed to support or defeat any proposed or pending regulation, administrative action, or order issued by the executive branch of any state or local government, except in presentation to the executive branch of any state or local government itself; or

(c) Payment of salary or expenses of the Contractor, or any agent acting for the Contractor, related to any activity designed to influence the enactment of legislation, appropriations, regulation, administrative action, or Executive order proposed or pending before the Congress or any state government, state legislature or local legislature or legislative body, other than for normal and recognized executive-legislative relationships or participation by an agency or officer of a state, local, or tribal government in policymaking and administrative processes within the executive branch of that government.

(d) The prohibitions in subsections (a), (b), and (c) above shall include any activity to advocate or promote any proposed, pending, or future federal, state, or local tax increase, or any proposed, pending, or future requirement for, or restriction on, any legal consumer product, including its sale or marketing, including, but not limited to, the advocacy or promotion of gun control.

H.4 Representations and Certifications (Sep 2009)

The Representations, Certifications and Other Statements of Offerors submitted by __________ dated

____________ are hereby incorporated by reference, with the same force and effect as if they were given in full text.

The on-line Representations and Certifications is located at https://orca.bpn.gov/.

SECTION I - CONTRACT CLAUSES

Section I-1 - Clauses Incorporated By Reference

I.1 52.252-2 Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://acquisition.gov/far/current/html/FARTOCP52.html#wp372482

52.202-1 Definitions (Jun 2020)

52.203-3 Gratuities (Apr 1984)

52.203-5 Covenant Against Contingent Fees (May 2014)

52.203-6 Restrictions on Subcontractor Sales to the Government (Jun 2020)

52.203-7 Anti-Kickback Procedures (Jun 2020)

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (May

2014)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (May 2014)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Jun 2020)

52.203-17 Contractor Employee Whistleblower Rights and Requirements to Inform Employees of

Whistleblower Rights (Jun 2020)

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan

2017)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper(May 2011)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020)

52.204-13 System for Award Management Maintenance (Oct 2018)

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance

Services or Equipment (Aug 2020)

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment (Nov 2021)

52.211-5 Material Requirements (Aug 2000)

52.215-2 Audit and Records – Negotiation (Jun 2020)

52.215-8 Order of Precedence - Uniform Contract Format (Oct 1997)

52.215-10 Price Reduction for Defective Certified Cost or Pricing Data (Aug 2011)

52.215-12 Subcontractor Certified Cost or Pricing Data (Aug 2020)

52.215-14 Integrity of Unit Prices (Nov 2021)

52.215-15 Pension Adjustments and Asset Reversions (Oct 2010)

52.215-18 Reversion or Adjustment of Plans for Post-Retirement Benefits (PRB) other than Pensions

(Jul 2005)

52.215-19 Notification of Ownership Changes (Oct 1997)

52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or

Pricing Data – Modifications (Nov 2021)

52.219-8 Utilization of Small Business Concerns (Aug 2018)

52.219-9 Small Business Subcontracting Plan (Nov 2021)

52.219-14 Limitations on Subcontracting (Mar 2020)

52.219-16 Liquidated Damages - Subcontracting Plan (Jan 1999)

52.222-4 Contract Work Hours and Safety Standards - Overtime Compensation (May 2018)

52.222-19 Child Labor--Cooperation with Authorities and Remedies (Jan 2022)

52.222-20 Contracts for Materials, Supplies, Articles, and Equipment (Jun 2020) https://acquisition.gov/far/current/html/FARTOCP52.html#wp372482

52.222-21 Prohibition of Segregated Facilities (Apr 2015)

52.222-26 Equal Opportunity (Sept 2016)

52.222-35 Equal Opportunity for Veterans (Jun 2020)

52.222-36 Equal Opportunity for Workers with Disabilities (Jun 2020)

52.222-37 Employment Reports on Veterans (Jun 2020

52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)

52.222-50 Combating Trafficking in Persons (Nov 2021)

52.222-54 Employment Eligibility Verification (Nov 2021)

52.223-6 Drug-Free Workplace (May 2001)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020)

52.225-1 Buy American – Supplies (Nov 2021)

52.225-13 Restrictions on Certain Foreign Purchases (Feb 2021)

52.227-1 Authorization and Consent (Jun 2020)

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement

52.229-3 Federal, State and Local Taxes (Feb 2013)

52.229-4 Federal, State, and Local Taxes (State and Local Adjustments) (Feb 2013)

52.232-1 Payments (Apr 1984)

52.232-8 Discounts for Prompt Payment (Feb 2002)

52.232-9 Limitation on Withholding of Payments (Apr 1984)

52.232-11 Extras (Apr 1984)

52.232-17 Interest (May 2014)

52.232-23 Assignment of Claims (May 2014)

52.232-25 Prompt Payment (Jan 2017)

52.232-33 Payment by Electronic Funds Transfer--System for Award Management (Oct 2018)

52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)

52.233-1 Disputes (May 2014)

52.233-3 Protest After Award (Aug 1996)

52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004)

52.242-13 Bankruptcy (Jul 1995)

52.243-1 Changes - Fixed-Price (Aug 1987)

52.244-6 Subcontracts for Commercial Products and Commercial Services (Jun 2022)

52.249-8 Default (Fixed-Price Supply and Service) (Apr 1984)

52.253-1 Computer Generated Forms (Jan 1991)

HHSAR

SOURCE

TITLE AND DATE

352.203-70 Anti-Lobbying (Dec 2015)

352.222-70 Contractor Cooperation in Equal Employment Opportunity Investigations (Dec 2015)

352.227-70 Publications and Publicity (Dec 2015)

352.237-75 Key Personnel (Dec 2015)

Section I-2 - Clauses Incorporated In Full Text

I.2 FAR 52.216-18 Ordering (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from September

15, 2022 – September 14,2027

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the

Schedule.

I.3 FAR 52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $TBD, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor --

(1) Any order for a single item in excess of the maximum of all contract line items or maximum of all contract line items;

(2) Any order for a combination of items in excess of the maximum of all contract line items; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the

Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

I.4 HHSAR 352.232-71 Electronic Submission of Payment Requests (Feb 2022)

(a) Definitions. As used in this clause—

(1) “ Payment request” means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), “Content of Invoices” and the applicable Payment clause included in this contract.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests electronically using the Department of Treasury Invoice Processing Platform (IPP) or successor system. Information regarding

IPP, including IPP Customer Support contact information, is available at www.ipp.gov or any successor site. 3

(c) The Contractor may submit payment requests using other than IPP only when the Contracting Officer authorizes alternate procedures in writing in accordance with HHS procedures.

(d) If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting

Officer's written authorization with each payment request.

I.5 FAR 52.217-6 Option for Increased Quantity (Mar 1989)

The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The

Contracting Officer may exercise the option by written notice to the Contractor within 60 days of the expiration of the contract. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed six (6) months. Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree.

I.6 FAR 52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 60 days provided, that the Government gives the Contractor a preliminary written notice of its intent to extend at least

60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option provision.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed

60 (sixty) months.

I.7 FAR 52.246-17 Warranty of Supplies of a Noncomplex Nature (Jun 2003)

(a) Definitions. As used in this clause –

“Acceptance” means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing supplies, or approves specific services as partial or complete performance of the contract.

“Supplies” means the end items furnished by the Contractor and related services required under the contract. The word does not include “data.”

(b) Contractor’s obligations.

(1) Notwithstanding inspection and acceptance by the Government of supplies furnished under this contract, or any condition of this contract concerning the conclusiveness thereof, the Contractor warrants that in accordance with the terms and conditions included in Section C;

(i) All supplies furnished under this contract will be free from defects in material or workmanship and will conform with all requirements of this contract; and

(ii) The preservation, packaging, packing, and marking, and the preparation for, and method of, shipment of such supplies will conform with the requirements of this contract.

(2) When return, correction, or replacement is required, transportation charges and responsibility for the supplies while in transit shall be borne by the Contractor. However, the Contractor’s liability for the transportation charges shall not exceed an amount equal to the cost of transportation by the usual commercial method of shipment between the place of delivery specified in this contract and the Contractor’s plant, and return.

(3) Any supplies or parts thereof, corrected or furnished in replacement under this clause, shall also be subject to the terms of this clause to the same extent as supplies initially delivered. The warranty, with respect to supplies or parts thereof, shall be equal in duration to that in paragraph (b)(1) of this clause and shall run from the date of delivery of the corrected or replaced supplies.

(4) All implied warranties of merchantability and “fitness for a particular purpose” are excluded from any obligation contained in this contract.

(c) Remedies available to the Government.

(1) The Contracting Officer shall give written notice to the Contractor of any breach of warranties in paragraph

(b)(1) of this clause within 30 days of the last delivery under this contract..

(2) Within a reasonable time after the notice, the Contracting Officer may either –

(i) Require, by written notice, the prompt correction or replacement of any supplies or parts thereof (including preservation, packaging, packing, and marking) that do not conform with the requirements of this contract within the meaning of paragraph (b)(1) of this clause; or

(ii) Retain such supplies and reduce the contract price by an amount equitable under the circumstances.

(3)(i) If the contract provides for inspection of supplies by sampling procedures, conformance of supplies or components subject to warranty action shall be determined by the applicable sampling procedures in the contract.

The Contracting Officer –

(A) May, for sampling purposes, group any supplies delivered under this contract;

(B) Shall require the size of the sample to be that required by sampling procedures specified in the contract for the quantity of supplies on which warranty action is proposed;

(C) May project warranty sampling results over supplies in the same shipment or other supplies contained in other shipments even though all of such supplies are not present at the point of reinspection; provided, that the supplies remaining are reasonably representative of the quantity on which warranty action is proposed; and

(D) Need not use the same lot size as on original inspection or reconstitute the original inspection lots.

(ii) Within a reasonable time after notice of any breach of the warranties specified in paragraph (b)(1) of this clause, the Contracting Officer may exercise one or more of the following options:

(A) Require an equitable adjustment in the contract price for any group of supplies.

(B) Screen the supplies grouped for warranty action under this clause at the Contractor’s expense and return all nonconforming supplies to the Contractor for correction or replacement.

(C) Require the Contractor to screen the supplies at locations designated by the Government within the contiguous

United States and to correct or replace all nonconforming supplies.

(D) Return the supplies grouped for warranty action under this clause to the Contractor (irrespective of the f.o.b.

point or the point of acceptance) for screening and correction or replacement.

(4)(i) The Contracting Officer may, by contract or otherwise, correct or replace the nonconforming supplies with similar supplies from another source and charge to the Contractor the cost occasioned to the Government thereby if the Contractor –

(A) Fails to make redelivery of the corrected or replaced supplies within the time established for their return; or

(B) Fails either to accept return of the nonconforming supplies or fails to make progress after their return to correct or replace them so as to endanger performance of the delivery schedule, and in either of these circumstances does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure.

(ii) Instead of correction or replacement by the Government, the Contracting Officer may require an equitable adjustment of the contract price. In addition, if the Contractor fails to furnish timely disposition instructions, the

Contracting Officer may dispose of the nonconforming supplies for the Contractor’s account in a reasonable manner. The Government is entitled to reimbursement from the Contractor, or from the proceeds of such disposal, for the reasonable expenses of the care and disposition of the nonconforming supplies, as well as for excess costs incurred or to be incurred.

(5) The rights and remedies of the Government provided in this clause are in addition to and do not limit any rights afforded to the Government by any other clause of this contract.

I.8 FAR 52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984)

Funds are not presently available for performance under this contract beyond 9/30/2022. The Government’s obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond 9/30/2022, until funds are made available to the

Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

I.10 FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (NOV 2021)

(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.

(b) The acceleration of payments under this clause does not provide any new rights under the Prompt

Payment Act.

(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial products or commercial services.

SECTION J - LIST OF ATTACHMENTS

There is nothing included in this section.

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER

STATEMENTS OF OFFERORS

To be eligible to receive an award resulting from this solicitation, contractor must be registered in the System for

Award Management. To register apply via the Internet at http://www.sam.gov. )

K.1 FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—

Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-

Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the

Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) 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. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment…