75F40122R00016.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

FDA CODE 16. ADMINISTERED BYCODE

X

X

X

811219

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORDAP

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

09/02/2022 1000 ET

08/12/2022

MONIFA COLEMAN

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

75F40122R00016

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 1001238650OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

Silver Spring MD 20993-0002 Bldg 32, Rm 2162, Mail Hub 2145 10903 New Hampshire Avenue US Food and Drug Administration FDA - 10903 New Hampshire Avenue

15. DELIVER TO

Beltsville MD 20705 4041 Powder Mill Road

ATTN: MONIFA COLEMAN

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$22.00

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

DHHS/FDA/OAGS/DAP

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

This solicitation is set-aside 100% for small businesses.

Period of Performance: 09/30/2022 to 02/28/2023

1 Preventative Maintenance of Above Standard Equipment at the FDA White Oak Campus.

Continued ...

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

MONIFA N. COLEMAN

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

2 Preventative Maintenance of Above Standard

Equipment at the FDA White Oak Campus.

(Option Line Item)

02/28/2023

Period of Performance: 03/01/2023 to 02/29/2024

3 Preventative Maintenance of Above Standard

Equipment at the FDA White Oak Campus.

(Option Line Item)

02/29/2024

Period of Performance: 03/01/2024 to 02/28/2025

4 Preventative Maintenance of Above Standard

Equipment at the FDA White Oak Campus.

(Option Line Item)

02/28/2025

Period of Performance: 03/01/2025 to 02/28/2026

5 Preventative Maintenance of Above Standard

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 100

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

75F40122R00016

Equipment at the FDA White Oak Campus.

(Option Line Item)

02/28/2026

Period of Performance: 03/01/2026 to 02/28/2027

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

75F40122R00016

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1. BRIEF DESCRIPTION OF SUPPLIES OR SERVICES

The U.S. Food and Drug Administration (FDA) White Oak Campus, located at 10903 New Hampshire Avenue, Silver Spring, Maryland, consists of 710 acres of developed land in addition to 130 acres of land planned for continued development. The campus is comprised of state-of-the-art laboratories, office buildings and support facilities. As demonstrated within Attachment Ib – Site List, the FDA houses over 3,400 piece of specialty equipment. Subsequently, the purpose of this requirement is to obtain Contractor specialty equipment maintenance and repair services to support FDA’s mission to protect public health by ensuring laboratory specialty equipment located at the White Oak Campus, are maintained and repaired according to local, state, federal and industry standards and regulations (i.e. including BSL3, ISO and AAALAC standards).

The Contractor shall provide FDA with the following services:

1. Program Planning and Management

2. Operations and Maintenance (O&M)

3. Equipment Repairs

4. Equipment Certifications and Work Clearances

B.2 TYPE OF CONTRACT: FAR 52.216-1 (APR 1984)

This is a Single Award Indefinite-Delivery/Indefinite Quantity (IDIQ) Task Order oriented contract providing for Fixed Price, Time and Materials, and Labor-Hour type orders. The Period of Performance (POP) shall be for a Base Period with four(4) one-year Option Periods. The contract shall include a not-to-exceed ceiling amount.

At the discretion of the Contracting Officer (CO), the Government may use a variety of contract types when issuing Task Orders (TOs) under this contract - including Fixed Price, Time and Materials, Labor-Hour, or a combination thereof. Each Request for Task Order Proposal (RFTOP) issued under this contract will identify the Government’s determination of the contract type.

B.3 MINIMUM AND MAXIMUM CONTRACT AMOUNTS

During the contract Period of Performance specified in Ordering Clause FAR 52.216-18), the Government will place TOs against the IDIQ contract. The guaranteed minimum amount for this contract shall be satisfied by the issuance of the first TO. The maximum contract amount, inclusive of the five (5) year ordering period under the contract shall not exceed $50,000,000.00.

B.4 MINIMUM ORDERING REQUIREMENTS/QUANTITIES

The Government has no obligation to issue TOs beyond the stated minimum TO award. There will be a one time “minimum guarantee” during the life of the contract which includes all option periods, if exercised.

The guaranteed minimum for this contract shall be satisfied by the award of TO #1; titled, Program Planning and Management as described in Attachment II.

B.5 FUNDING

Funds for the services provided will be obligated, at the task order level, as they become available, or excess funds de-obligated at the TO level, by modification to the TO contracts by the Government. The Contractor will only be paid for effort that has been authorized by the Government and performed in accordance with the contract specifications, except for the minimum amount guaranteed if the Contractor meets the requirements as stated in Section B.3.

B.6 SCHEDULE OF HOURLY FULLY BURDENED RATES

The Contractor’s fully-loaded labor rates for all personnel shall apply for the base and respective Option Periods, as requested. These rates shall be used by the Contractor as the ceiling labor rates when submitting price proposals in response to RFTOPs and change orders issued under the contract.

B.7 HOURLY FULLY BURDENED RATES

The chart below and Attachment V outlines the various types of labor categories anticipated during the performance of this contract. The Contractor shall use the pricing worksheet to propose fixed rates for each labor category that shall apply throughout the life of the contract.

Shown below are the proposed Labor Categories to be used for this contract. The Contractor shall propose the necessary hourly rates for each labor category, for the base year and each option period. The loaded hourly rates for each labor category shall be fully burdened to include wages, indirect costs (including local travel, fringe benefits, overhead, general and administrative, and profit.

Labor Category Hourly Rate

Unit Pricing

Base Option Period 1

Option Period 2

Option Period 3

Option Period 4

Electrician Hourly $ $ $ $ $

Electronics Tech II Hourly (Regular Hours)

HVAC

Mechanic

Hourly (Regular Hours)

Instrument Mechanic Hourly (Regular

Laborer Hourly (Regular Hours)

Machinery Maintenance Mechanic

Hourly

Maintenance Trades Helper

Hourly

Plumber Maintenance

Hourly (Regular Hours)

Project Manager Hourly

Chief Engineer Hourly

Assistant Chief Engineer

Hourly (Regular Hours)

Journeyman Hourly

Laborer Hourly (After

Journeyman Hourly (After

**The above labor categories represent FDA’s estimates as to the type of expertise required under this contract. If proposed labor categories are different, Offerors shall map their labor category titles to those in the pricing table and pricing worksheet.

B.8 CONSIDERATION AND PAYMENT

The Contractor shall provide the necessary personnel, equipment, supplies and support services to perform as described in Section C. In consideration for successful performance of the requested services, the Contractor shall be paid upon the presentation of a proper invoice in accordance with the applicable invoice clause with the TO contract type specified (i.e. Fixed Price, Time-and- Material and/or Labor Hour basis).

The Contractor shall comply with FAR 52.232-7, Payments Under Time and Material and Labor- Hour Contracts or 52.232-25 Prompt Payment for Fixed Price TOs. Upon presentation of a proper invoice, payment will be made no more frequently than monthly, in arrears, for services/supplies rendered to and accepted by the Government.

The Contractor shall not exceed the maximum, loaded hourly direct labor rates for each category listed above.

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1. STATEMENT OF WORK

The U.S. Food and Drug Administration (FDA) White Oak Campus, located at 10903 New Hampshire Avenue, Silver Spring, Maryland, consists of 710 acres of developed land in addition to 130 acres of land planned for continued development. The campus is comprised of state-of-the-art laboratories, office buildings and support facilities. As demonstrated within Attachment Ib – Site List, the FDA houses over 3,400 piece of specialty equipment. Subsequently, the purpose of this requirement is to obtain Contractor specialty equipment maintenance and repair services to support FDA’s mission to protect public health by ensuring laboratory specialty equipment located at the White Oak Campus, are maintained and repaired according to local, state, federal and industry standards and regulations (i.e. including BSL3, ISO and AAALAC standards).

Independently and not as an agent of the Government, the Contractor shall be required to furnish all the necessary services, qualified personnel, material, equipment, and facilities, not otherwise provided by the Government, as needed to perform work in accordance with the terms, conditions, and requirements herein (inclusive of attachments set forth in Section J).

C.2. REPORTING REQUIREMENTS

All reports required herein shall be submitted in electronic format.

All electronic reports submitted shall be compliant with Section 508 of the Rehabilitation Act of 1973. Additional information about testing documents for Section 508 compliance, including guidance and specific checklists, by application, can be found at:

http://www.hhs.gov/web/508/index.html under "Making Files Accessible."

Any paper/hardcopy documents/reports submitted under this contract shall be printed or copied, double-sided, on at least 30 percent post-consumer fiber paper, whenever practicable, in http://www.hhs.gov/web/508/index.html accordance with FAR 4.302(b).

C.3. SECTION 508 ANNUAL REPORT

The Contractor shall submit an annual Section 508 report in accordance with the schedule set forth by the Contracting Officer (CO)/Contracting Officer's Representative (COR). The Section 508 Report Template and Instructions for completing the report are available at: http://www.hhs.gov/web/508/contracting/technology/vendors.html under "Vendor Information and Documents."

SECTION D – PACKAGING, MARKING AND SHIPPING

D.1 PACKAGING

All deliverables shall be packaged and packed in accordance with normal commercial practice to meet the packing requirements of the carrier, including that which is necessary to prevent deterioration and damage due to the hazards of shipping, handling and storing.

D.2 DELIVERY AND MARKING

All deliverables shall be marked as follows:

a) Name and address of the Contractor;

b) Contract Number;

c) Task Order Number;

d) Description of item contained therein;

e) Consignee’s name and address; and

f) Specific delivery instructions and delivery locations shall be specified in individual TOs.

SECTION E – INSPECTION AND ACCEPTANCE

1. The Contracting Officer or the duly authorized representative will perform inspection and acceptance of materials and services to be provided.

2. For the purpose of this section, the Contracting Officers Representative (COR) is the authorized representative of the Contracting Officer.

3. Inspection and acceptance will be performed at: FDA White Oak Campus.

4. The Government reserves the right to an inspection period of 90 calendar days, unless a different time period is stated in the Task Order. The receiving report, completed and signed by the appropriate official, constitutes acceptance and shall be acknowledged to the payment office.

5. This contract incorporates the following clause by reference with the same force and effect as if it were given in full text. Upon request, the Contracting Officer will make its full text http://www.hhs.gov/web/508/contracting/technology/vendors.html available.

FAR Clause 52.246-6, Inspection-Time and Material and Labor-Hour (May 2001)

SECTION F - DELIVERIES OR PERFORMANCE

F.1. PERIOD OF PERFORMANCE

The period of performance of this contract shall be for a Base Period with four(4) one-year Option Periods. The Option Periods, if exercised, shall run consecutively and at the discretion of the Government. The actual POP for a TO may extend beyond the contract expiration date. TOs under this contract may be signed by the Contracting Officer at any time during the contract Base or Option Periods, provided that the total maximum dollar value of the Base Period plus Option Periods have not been exceeded.

F.2 ORDERING PERIOD

TOs may be issued up to the final day of this contract inclusive of any extension thereto, and the contract shall remain in force to allow for the completion of all TOs issued.

F.3 PLACE OF CONTRACT PERFORMANCE

The place of performance for tasks under this IDIQ contract will be specified in the individual Task Orders. Locations will be FDA sites primarily located in the eastern United States and set forth in Attachment Ib-Site List. However, the Contractor shall primarily perform activities at the White Oak Campus (WO), located at:

10903 New Hampshire Ave, Silver Spring, Maryland 20993

No work shall be performed on Contractor sites or outside of the Continental United States

(OCONUS).

Note: Performance under this IDIQ may require travel for the Contractor employees. If travel within the domestic United States (CONUS) is required, the contractor is responsible for making all needed arrangements for its employees. Costs incurred for travel will be reimbursed in accordance with the Federal Travel Regulation.

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 IDIQ Task Orders

As requirements are identified by FDA, the Contracting Officer will issue TOs against the Master Contract. The TOs will be issued with a specific Statement of Work and funding documents. It is anticipated that the TOs issued against this contract vehicle will be Firm-Fixed- Price (FFP). However, other types of TOs may be placed against the Master Contract, such as Time-and- Materials (T&M) or Labor Hour (LH) TOs. All deliverables will be clearly identified by the Government, complete with clear descriptions, due dates, and at a predetermined, agreed-upon price.

A POP will be specified for each TO. The SOW for each TO will specify any special acceptability standards for each deliverable, and all payments will be made subject to the COR’s acceptance. The COR shall have full project oversight responsibility for the work completed under each TO.

The Contracting Officer shall be the only Government Representative authorized to make any changes which either decrease or increase the Master Contract scope, TOs SOW, or price. In addition, the Contracting Officer is the only Government Representative authorized to change any terms or conditions of the Master Contract or any TOs. Any proposed revisions shall be referred to the CO and shall require the submittal of a modification request, from the Contract

COR.

G.2. CONTRACTING OFFICER'S REPRESENTATIVE (COR)

a) The following Contracting Officer's Representative (COR) will represent the Government for the purpose of this contract: TBD at time of award.

b) 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.

c) Performance of the work under this contract shall be subject to the technical direction of the COR identified above, or a representative designated in writing. All questions regarding changes to the scope of work shall be directed to the Contracting Officer or Contracting Specialist. The term "technical direction" includes, without limitation, direction to the contractor that directs or redirects the labor effort and shifts the work between work areas or locations to ensure that tasks outlined in the work statement are accomplished satisfactorily.

d) Technical direction must be within the scope of the specifications Statement of Work.

The COR does not have the authority to issue any technical direction that:

i. Constitutes of change of assignment of additional work outside the Statement of Work;

ii. Constitutes a change as defined in the contract clause entitled "Changes;”

iii. In any manner causes an increase or decrease in the total contract price, or the time required for contract performance;

iv. Changes any of the terms, conditions, or specification(s)/work statement of the contract.

v. Interferes with the Contractor’s right to perform under the terms and conditions of the contract; or

vi. Directs, supervises or otherwise controls the actions of the contractor’s employees.

e) Technical directions may be oral or in writing. The COR shall confirm oral direction in writing within five workdays, with a copy to the Contracting Officer

f) The Contractor shall proceed promptly with the performance resulting from the technical directions issued by the COR. If, in the opinion of the Contractor, any direction of the COR, or his/her designee, falls within the limitations in (b), above, the Contractor shall immediately notify the CO no later than the beginning of the next Government workday.

g) Failure of the Contractor and the Contracting Officer to agree that technical direction is within the scope of the contract shall be subject to the terms of the clause entitled "Disputes."

h) The type of actions within the purview of the COR’s authority is to assure that the

Contractor performs the technical requirements of the contract, and to notify both the Contractor and the Contracting Officer of any deficiencies observed.

i) The Government may unilaterally change its COR designation.

G.3. TASK ORDER PROCESS AND PROCEDURES

Ordering services under this contract shall be accomplished by the issuance of written TOs specifying the types of services being ordered. The only office authorized to process TOs is the Office of Acquisitions & Grants Services of the Food and Drug Administration (FDA), through the Contracting Officer.

All TOs issued hereunder are subject to the terms and conditions of this contract. This contract shall control in the event of conflict with any task order. All work, under the IDIQ portion of the contract, shall be initiated by the issuance of fully executed TOs issued by the Contracting Officer. The work to be performed under these orders must be within the scope of the contract.

The Government is only liable for labor hours and costs expended under the terms and conditions of this contract, to the extent that a fully executed TO has been issued and covers the required work and costs. Charges for any work not authorized shall be disallowed.

The general process for individual TOs is as follows:

a) The FDA will prepare a TO Statement of Work. The SOW will include, at a minimum, the following elements:

i. Description of work in terms of the purpose or objectives of the work and location to be performed;

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

iii. Period and place of performance;

iv. Reporting requirements and deliverables;

v. Whether the order will be fixed price, labor hour, time and material or a hybrid type task order.

b) RFTOPs shall only be issued by the Contracting Officer. For each TO under this contract, the Contracting Office will send a request for proposal to the Contractor. The request will contain a detailed description of the tasks to be accomplished, a schedule for completion of the TO, and deliverables to be provided by the Contractor. The Contractor shall prepare and submit a TO proposal addressing all areas of the requirement. The Contractor shall submit the TO proposal within the time period specified in the RFTOP and adhere to the ceiling rates established in the contract. Other direct costs shall be clearly identified, explained, and substantiated. Travel rates/expenses will be limited to those costs authorized by the Federal Travel Regulation (FTR) in effect at the time of TO negotiations. Trips in excess of the approved number set forth in each Task Order will be at the Contractor’s expense. The Contractor shall identify the estimated travel requirements by number, purpose and duration (inclusive of travel days in/out) with the submission of each proposed TO. No separate payment will be made to the Contractor for the cost to prepare, submit and/or negotiate a Task Order proposal. The Government will evaluate TO Proposals as specified in the individual RFTOP on a best value basis.

c) After any necessary negotiations, the Contractor shall submit a final proposal.

d) Task Orders will be considered fully executed upon signature of the Contracting Officer.

The Contractor shall begin work on the TO in accordance with the effective date of the order.

e) The Contractor shall notify the Contracting Officer of any instructions or guidance given that may impact the cost, schedule or deliverables of the TO. A formal modification to the TO must be issued by the Contracting Officer before any changes can be made.

f) Task Orders may be placed during the period of performance of the contract. Labor rates applicable to hours expended in performance of an order shall be the contract rates that are in effect at the time the TO is issued.

G.4. INVOICE SUBMISSION AND PAYMENT

HHSAR 352.232-71 – Electronic Submission of Payment Requests

(a) Definitions. As used in this clause-

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.

(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.

FDA Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (Jan 2022)

a. All Invoice submissions for goods and or services must be made electronically through the U.S. Department of Treasury's Invoice Processing Platform System (IPP). http://www.ipp.gov/vendors/index.htm

b. Invoice Submission for Payment means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, 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, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial items contracts. The IPP website address is: https://www.ipp.gov c.

1) The Agency will enroll the Contractors new to IPP. The Contractor must follow the IPP registration email instructions for enrollment to register the Collector Account for submitting invoice requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive Registration email from the Federal Reserve Bank of St. Louis (FRBSTL) within 3 - 5 business days of the contract award for new contracts or date of modification for existing contracts.

2) Registration emails are sent via email from http://www.ipp.gov/ http://www.ipp.gov/vendors/index.htm https://www.ipp.gov/ ipp.noreply@mail.eroc.twai.gov. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email to IPPCustomerSupport@fiscal.treasury.gov or phone (866) 973-3131.

3) The Contractor POC will receive two emails from IPP Customer Support, the first email contains the initial administrative IPP User ID. The second email, sent within 24 hours of receipt of the first email, contains a temporary password. You must log in with the temporary password within 30 days.

4) If your company is already registered to use IPP, you will not be required to re-register.

5) If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment as authorized by HHSAR 332.7002, a written request must be submitted to the Contracting Officer to explain the circumstances that require the authorization of alternate payment procedures.

d. Invoices that include time and materials or labor hours Line Items must include supporting documentation to (1) substantiate the number of labor hours invoiced for each labor category, and (2) substantiate material costs incurred (when applicable).

e. Invoices that include cost-reimbursement Line Items must be submitted in a format showing expenditures for that month, as well as contract cumulative amounts. At a minimum the following cost information shall be included, in addition to supporting documentation to substantiate costs incurred.

i. Direct Labor - include all persons, listing the person's name, title, number of hours worked, hourly rate, the total cost per person and a total amount for this category;

ii. Indirect Costs (i.e., Fringe Benefits, Overhead, General and Administrative, Other Indirects)- show rate, base and total amount;

iii. Consultants (if applicable) - include the name, number of days or hours worked, daily or hourly rate, and a total amount per consultant;

iv. Travel - include for each airplane or train trip taken the name of the traveler, date of travel, destination, the transportation costs including ground transportation shown separately and the per diem costs. Other travel costs shall also be listed;

v. Subcontractors (if applicable) - include, for each subcontractor, the same data as required for the prime Contractor;

vi. Other Direct Costs (ODCs)- include a listing of all other direct charges to the contract, i.e., office supplies, telephone, duplication, postage; and

vii. Fee - amount as allowable in accordance with the Schedule and FAR 52.216-8 if applicable.

f. Contractor is required to attach an invoice log addendum to each invoice which shall include, at a minimum, the following information for contract administration and reconciliation purposes:

i.list of all invoices submitted to date under the subject award, including the following:

mailto:ipp.noreply@mail.eroc.twai.gov mailto:IPPCustomerSupport@fiscal.treasury.gov

(1) invoice number, amount, & date submitted

(2) corresponding payment amount & date received

ii. total amount of all payments received to date under the subject contract or order iii.and, for definitized contracts or orders only, total estimated amounts yet to be invoiced for the current, active period of performance.

g. Payment of invoices will be made based upon acceptance by the Government of the entire task or the tangible product deliverable(s) invoiced. Payments shall be based on the Government certifying that satisfactory services were provided, and the Contractor has certified that labor charges are accurate.

h. If the services are rejected for failure to conform to the technical requirements of the task order, or any other contractually legitimate reason, the Contractor shall not be paid, or shall be paid an amount negotiated by the CO.

i. Payment to the Contractor will not be made for temporary work stoppage due to circumstances beyond the control of U.S. Food and Drug Administration such as acts of God, inclement weather, power outages, and results thereof, or temporary closings of facilities at which Contractor personnel are performing. This may, however, be justification for excusable delays.

j. The Contractor agrees that the submission of an invoice to the Government for payment is a certification that the services for which the Government is being billed, have been delivered in accordance with the hours shown on the invoices, and the services are of the quality required for timely and successful completion of the effort.

k. Questions regarding invoice payments that cannot be resolved by the IPP Helpdesk should be directed to the FDA Employee Resource and Information Center (ERIC) Helpdesk at 301-827-ERIC (3742) or toll-free 866-807-ERIC (3742); or, by email at ERIC@fda.hhs.gov. Refer to the Call-in menu options and follow the phone prompts to dial the option that corresponds to the service that's needed. All ERIC Service Now Tickets will either be responded to or resolved within 48 hours (2 business days) of being received. When emailing, please be sure to include the contract number, invoice number and date of invoice, as well as your name, phone number, and a detailed description of the issue.

G.5. CONTRACTING OFFICER

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:

a) Direct or negotiate any changes in a TO;

b) Modify or extend the period of performance;

c) Change the delivery schedule;

d) Authorize reimbursement to the Contractor any costs incurred during the performance of mailto:ERIC@fda.hhs.gov this contract; and

e) Otherwise change any terms and conditions of this contract.

G.6. CONTRACT FINANCIAL REPORTING

Financial reports shall be submitted by the Contractor with the invoices for time and materials and TOs in accordance with the expenditure categories below:

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

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

h) Contract ceiling and percent expended to date;

i) Estimate to complete;

j) Travel - Include all direct cost to travel including transportation subsistence and miscellaneous expenses. The following information shall be submitted: Name of traveler and purpose of trip; place of departure, destination and return, including time and dates;

and total cost of trip.

G.7. TRAVEL AND OTHER DIRECT COSTS

Travel and ODCs pricing shall be included in each of the Offeror’s overall TO pricing. Any Contractor travel required by the Government in support of this contract shall be authorized and requested in advance (minimum of 30 calendar days) by the COR and in accordance with FTR (FAR) 31.205-46. There is no routine travel anticipated under this contract, other than travel to the FDA campus. If at a future date the Government does require one or more Contractor employees to travel (training, conferences, etc.) the travel line item will be modified, and the Contractor will be responsible for making all required travel arrangements for Contractor’s personnel.

When requested by the COR, the Contractor shall perform travel outside the Contractor’s normal commuting area. Costs for such travel are considered, to be allowable based upon Federal Government per diem rates permitted by the General Services Administration (GSA), FTR applicable to Federal Government employees and Contractors. The Contractor is referred to http://www.gsa.gov to “Travel on Government Business,” scroll down to “Federal Travel Regulation.”

The Contractor will be reimbursed only for actual travel costs incurred. No additional profit, G&A or fee of any kind will be allowed on the direct travel reimbursement.

G.8. GOVERNMENT FURNISHED PROPERTY

The Government may provide Government Furnished Property (GFP) for use in direct performance of each TO. Each Task Order will specify if GFP will be provided.

In addition to the requirements of the clause, GOVERNMENT PROPERTY, incorporated in this contract, the Contractor shall comply with the provisions of HHS Publication, "Contractor's Guide for Control of Government Property," which is incorporated into this contract by http://www.gsa.gov/ reference.

G.9. GOVERNMENT CLOSURES / FEDERAL HOLIDAYS

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

(1) New Year's Day (7) Labor Day

(2) Martin Luther King's Birthday (8) Columbus Day

(3) Presidents Day (9) Veterans Day

(4) Memorial Day

(5) Juneteenth National Independence Day

(6) Independence Day

(10) Thanksgiving Day

(11) Christmas Day

In addition to the above Federal Holidays, – the Contractor is not required to provide on-site services on: 1.) Any other day designated by Federal Statue; 2.) Any other day designated by Executive Order; or 3.) Any other day designated by the U.S. President.

Observance of such days by Government personnel shall not be cause for an extension to the delivery schedule or period of performance or adjustment to the price, estimated cost, or fee(s), if any, except as set forth in the contract.

Except for designated around-the-clock or emergency operations, Contractor personnel will not be able to perform on-site under this contract with FDA on holidays set forth above. The Contractor will not charge any holiday as direct charge to the contract. In the event Contractor personnel work during a holiday observed by the Contractor other than those above, no form of holiday or other premium compensation will be reimbursed as either a direct or indirect cost.

However, this does not preclude reimbursement for authorized overtime work.

In the event the FDA grants administrative leave to its Government employees at the site, on-site Contractor personnel shall also be dismissed if the site is being closed. However, the Contractor shall continue to provide sufficient personnel to perform around-the-clock requirements of critical efforts already in progress or scheduled and shall be guided by the instructions issued by the Contracting Officer or her/his duly appointed representative. In each instance when the site is closed to Contractor personnel as a result of inclement weather, potentially hazardous conditions, explosions, or other special circumstances, the Contractor will direct its staff as necessary to take actions such as reporting to its own site(s) or taking appropriate leave consistent with its policies.

The cost of salaries and wages to the Contractor for the period of any such site closure shall be a reimbursable item of direct cost under the contract for employees whose regular time is normally a direct charge if they continue to perform on contract work; otherwise, the costs are reimbursable as indirect costs in accordance with the Contractor's established accounting policy.

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

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

Each TO will contain instructions on what to do on those days when the Contractor is not permitted to report for work on-site because of a closure as determined above.

G.10. CONTRACTOR PERFORMANCE EVALUATION(S)

In accordance with the Federal Acquisition Regulation (FAR) 42.15, FDA will complete annual and final Contractor Performance Evaluations. Annual evaluations will be prepared to coincide with the anniversary date of the contract. Additional interim performance evaluations may be prepared at the Contracting Officer’s discretion, as necessary. Final performance evaluations will be completed upon contract expiration.

FDA will utilize the Contractor Performance Assessment Reporting System (CPARS) in order to execute annual and final contractor performance evaluations. CPARS is a secure Internet website located at http://www.cpars.csd.disa.mil/cparsmain.htm. FDA will register the contractor in CPARS upon receipt of the name and email address of two (2) individuals who will be responsible for serving as the Contractor’s primary and alternate CPARS contacts. Once FDA registers the contractor in CPARS, the Contractor will receive an automated CPARS email message which contains User IDs and instructions for creating a password.

Once a performance evaluation is issued, the Contractor’s primary and alternate CPARS contact will receive an email instructing them to logon to CPARS in order to review the performance evaluation. The Contractor has 30 days from the date of performance evaluation issuance in which to review the evaluation. If the Contractor is in agreement with the performance evaluation outcome, the evaluation becomes final. Should the Contractor be in disagreement with the performance evaluation outcome, rebuttal comments must be submitted via the CPARS within 30 days from date the evaluation was issued by FDA. Any disagreement between the Contracting Officer and the Contractor will be referred to a Contracting Official one level above the Contracting Officer, whose decision will be final.

Copies of each performance evaluation and contractor responses, if any, will be retained as part of the official contract file and will be used to support future award decisions. Evaluations will also be stored for a 3-year period.

Contractors may obtain CPARS training material and register for on-line training at http://www.cpars.csd.disa.mil/allapps/cpcbtdlf.htm. There is no fee for registration or use of the

CPARS.

G.11. QUALITY CONTROL PLAN

The Contractor shall maintain and implement a workable and comprehensive Quality Control Plan (QCP) for all requirements defined in the SOW. The plan shall demonstrate how the Contractor will effectively monitor all aspects of the work they will provide for the Government.

The plan shall be specific to the work described in the SOW and utilize a continuous improvement process that outlines specific procedures for corrective actions to be taken when quality measures are not being met. The plan shall also include the Contractor’s reporting process and provisions for delivering a monthly status report that includes a summary of the previous month’s findings and accomplishments, challenges encountered, and anticipated expenses for the following month. The QCP shall include realistic and comprehensive measures to identify and document problems, determine corrective actions, and determine improvement based upon corrective actions.

http://www.cpars.csd.disa.mil/cparsmain.htm http://www.cpars.csd.disa.mil/allapps/cpcbtdlf.htm

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 KEY PERSONNEL, HHSAR 352.237-75 (December 2015)

The key personnel specified in this contract are considered to be essential to work performance.

At least 30 days prior to the contractor voluntarily diverting any of the specified individuals to other programs or contracts the Contractor shall notify the Contracting Officer and shall submit a justification for the diversion or replacement and a request to replace the individual. The request must identify the proposed replacement and provide an explanation of how the replacement's skills, experience, and credentials meet or exceed the requirements of the contract (including, when applicable, Human Subjects Testing requirements). If the employee of the contractor is terminated for cause or separates from the contractor voluntarily with less than thirty days’ notice, the Contractor shall provide the maximum notice practicable under the circumstances.

The Contractor shall not divert, replace, or announce any such change to key personnel without the written consent of the Contracting Officer. The contract will be modified to add or delete key personnel as necessary to reflect the agreement of the parties.

The following individual(s) is/are considered to be essential to the work being performed hereunder:

Title

Project Manager Chief Engineer

Assistant Chief Engineer

H.2 ELECTRONIC AND INFORMATION TECHNOLOGY ACCESSIBILITY NOTICE

HHSAR 352.239-73 (DECEMBER 2015)

a) Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), as amended by the

Workforce Investment Act of 1998 and the Architectural and Transportation Barriers Compliance Board Electronic and Information (EIT) Accessibility Standards (36 CFR part 1194), require that when Federal agencies develop, procure, maintain, or use electronic and information technology, Federal employees with disabilities have access to and use of information and data that is comparable to the access and use by Federal employees who are not individuals with disabilities, unless an undue burden would be imposed on the agency. Section 508 also requires that individuals with disabilities, who are members of the public seeking information or services from a Federal agency, have access to and use of information and data that is comparable to that provided to the public who are not individuals with disabilities, unless an undue burden would be imposed on the agency.

b) Accordingly, any offeror responding to this solicitation must comply with established

HHS EIT accessibility standards. Information about Section 508 is available at http://www.hhs.gov/web/508. The complete text of the Section 508 information can be accessed at http://www.access-board.gov/guidelines-and standards/communications-http://www.hhs.gov/web/508 http://www.access-board.gov/guidelines-and and-it/about-the-section-508-standards.

c) The Section 508 accessibility standards applicable to this solicitation are stated in the clause at 352.239-74, Electronic and Information Technology Accessibility. In order to facilitate the Government's determination whether proposed EIT supplies meet applicable Section 508 accessibility standards, offerors must submit an HHS Section 508 Product Assessment Template, in accordance with its completion instructions. The purpose of the template is to assist HHS acquisition and program officials in determining whether proposed EIT supplies conform to applicable Section 508 accessibility standards. The template allows offerors or developers to self-evaluate their supplies and document--in detail--whether they conform to a specific Section 508 accessibility standard, and any underway remediation efforts addressing conformance issues. Instructions for preparing the HHS Section 508 Evaluation Template are available under Section 508 policy on the HHS Web site http://www.hhs.gov/web/508 . In order to facilitate the Government's determination whether proposed EIT services meet applicable Section 508 accessibility standards, the Contractor must provide enough information to assist the Government in determining that the EIT services conform to Section 508 accessibility standards, including any underway remediation efforts addressing conformance issues.

d) Respondents to this solicitation must identify any exception to Section 508 requirements.

If the Contractor claims its supplies or services meet applicable Section 508 accessibility standards, and it is later determined by the Government, i.e., after award of a contract or order, that supplies or services delivered do not conform to the described accessibility standards, remediation of the supplies or services to the level of conformance specified in the contract will be the responsibility of the Contractor at its expense.

H.3 REPORTING MATTERS INVOLVING FRAUD, WASTE, AND ABUSE

Anyone who becomes aware of the existence or apparent existence of fraud, waste, and abuse in FDA funded programs is encouraged to report such matters to the HHS Inspector General’s Office in writing or on the Inspector General’s Hotline. The tollfree number is 1-800-HHS- TIPS (1- 800-447-8477). All telephone calls will be handled confidentially. The e-mail address is Htips@os.dhhs.gov and the mailing address is:

Office of Inspector General Department of Health and Human Services Attn: HOTLINE 330 Independence Avenue, S.W.

Washington, D.C. 20201

For the latest information regarding fraud and abuse, please visit the HHS Inspector’s General website at http://oig.hhs.gov/.

http://www.hhs.gov/web/508 mailto:Htips@os.dhhs.gov http://oig.hhs.gov/

H.4 NON-PERSONAL SERVICES AND INHERENTLY GOVERNMENT

FUNCTIONS

Pursuant to FAR 37.1, no personal services shall be performed under this contract. All work requirements shall flow only from the COR to the Contractor's Project Manager. No Contractor employee will be directly supervised by the Government. All individual employee assignments, and daily work direction, shall be given by the applicable employee supervisor.

If the Contractor believes any Government action or communication has been given that would create a personal services relationship between the Government and any Contractor employee, the Contractor shall promptly notify the Contracting Officer of this communication or action.

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

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

H.5 CONIDENTIALITY OF INFORMATION

a) Confidential information, as used in this clause, means information or data of a personal nature about individual, or proprietary information or data submitted by or pertaining to an institution or organization.

b) The Contracting Officer and the Contractor may, by mutual consent, identify elsewhere in this contract specific information and/or categories of information which the Government will furnish to the Contractor or that the Contractor is…