RFQ_75N91019Q00128_Base.pdf
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75N91019Q00128
SECTION B - Services and Prices
B.1 BRIEF DESCRIPTION OF SERVICES
The Department of Health and Human Services, National Institutes of Health (NIH), National Cancer Institute (NCI), Small Business Innovation Research (SBIR) Development Center, requires support for the NIH SBIR/ Small Business Technology Transfer (STTR) Applicant Assistance Program (AAP).
B.2 TYPE OF CONTRACT
This is a firm fixed price purchase order.
B.3 SEVERABLE SERVICES
The services acquired under this contract are severable services. Funds are only available for use for the contract line item (CLIN) to which they are obligated. Unused funds from one CLIN may not rollover for use in other periods.
B.4 CONSIDERATION AND PAYMENT (Fixed Price – Severable Services)
In consideration of satisfactory performance of the work as described throughout this contract, the Contractor shall be paid a fixed price for each CLIN (if exercised). If an option is exercised, funding will be obligated by modification to the contract. If an optional quantity CLIN is exercised, it shall be exercised simultaneously with the respective base period or option period CLIN. Each period is priced as follows:
Contract/Order Period & Description Period of
Performance Fixed Price (To be completed by Quoter)
CLIN 1 Base Period, AAP Program – 40 Participants Per Round
9/23/2019 – 9/22/2020
$TBD
CLIN 2 Base Period (Optional Quantity) – 10 Additional Participants Per Round
9/23/2019 – 9/22/2020
$TBD
CLIN 3 Base Period (Optional Quantity) – 10 Additional Participants Per Round
9/23/2019 – 9/22/2020
$TBD
CLIN 4 Base Period (Optional Quantity) – 10 Additional Participants Per Round
9/23/2019 – 9/22/2020
$TBD
CLIN 5 Base Period (Optional Quantity) – 10 Additional Participants Per Round
9/23/2019 – 9/22/2020
$TBD
CLIN 6 Option Period 1, AAP Program – 40 Participants Per Round
9/23/2020 – 9/22/2021
$TBD
CLIN 7 Option Period 1 (Optional Quantity) – 10 Additional Participants Per Round
9/23/2020 – 9/22/2021
$TBD
CLIN 8 Option Period 1 (Optional Quantity) – 10 Additional Participants Per Round
9/23/2020 – 9/22/2021
$TBD
CLIN 9 Option Period 1 (Optional Quantity) – 10 Additional Participants Per Round
9/23/2020 – 9/22/2021
$TBD
CLIN 10 Option Period 1 (Optional Quantity) – 10 Additional Participants Per Round
9/23/2020 – 9/22/2021
$TBD
CLIN 11 Option Period 2, AAP Program – 40 Participants Per Round
9/23/2021 – 9/22/2022
$TBD
CLIN 12 Option Period 2 (Optional Quantity) – 10 Additional Participants Per Round
9/23/2021 – 9/22/2022
$TBD
CLIN 13 Option Period 2 (Optional Quantity) – 10 Additional Participants Per Round
9/23/2021 – 9/22/2022
$TBD
CLIN 14 Option Period 2 (Optional Quantity) – 10 Additional Participants Per Round
9/23/2021 – 9/22/2022
$TBD
CLIN 15 Option Period 2 (Optional Quantity) – 10 Additional Participants Per Round
9/23/2021 – 9/22/2022
$TBD
CLIN 16 Option Period 3, AAP Program – 40 Participants Per Round
9/23/2022 – 9/22/2023
$TBD
CLIN 17 Option Period 3 (Optional Quantity) – 10 Additional Participants Per Round
9/23/2022 – 9/22/2023
$TBD
CLIN 18 Option Period 3 (Optional Quantity) – 10 Additional Participants Per Round
9/23/2022 – 9/22/2023
$TBD
CLIN 19 Option Period 3 (Optional Quantity) – 10 Additional Participants Per Round
9/23/2022 – 9/22/2023
$TBD
CLIN 20 Option Period 3 (Optional Quantity) – 10 Additional Participants Per Round
9/23/2022 – 9/22/2023
$TBD
CLIN 21 Option Period 4, AAP Program – 40 Participants Per Round
9/23/2023 – 9/22/2024
$TBD
CLIN 22 Option Period 4 (Optional Quantity) – 10 Additional Participants Per Round
9/23/2023 – 9/22/2024
$TBD
CLIN 23 Option Period 4 (Optional Quantity) – 10 Additional Participants Per Round
9/23/2023 – 9/22/2024
$TBD
CLIN 24 Option Period 4 (Optional Quantity) – 10 Additional Participants Per Round
9/23/2023 – 9/22/2024
$TBD
CLIN 25 Option Period 4 (Optional Quantity) – 10 Additional Participants Per Round
9/23/2023 – 9/22/2024
$TBD
TOTAL Potential Value Inclusive of all CLINS $TBD
SECTION C - Statement of Work
See attached Statement of Work (Attachment J.1).
SECTION D - Packaging and Marking
D.1 PACKAGING AND MARKING
All deliverables shall be delivered to the Contracting Officer’s Representative (COR) identified in Section G and shall be marked as follows:
1. Name and address of the Contractor;
2. Purchase Order Number;
3. Description of item contained therein; and
4. Consignee's name and address.
SECTION E - Inspection and Acceptance
E.1 INSPECTION AND ACCEPTANCE
Pursuant to FAR clause 52.212-4, all work described in Section C to be delivered under this contract is subject to final inspection and acceptance by an authorized representative of the Government. The authorized representative of the Government is the Contracting Officer’s Representative (COR), who is responsible for inspection and acceptance of all services, materials, or supplies to be provided by the Contractor.
SECTION F - Deliveries or Performance
F.1 PERIOD OF PERFORMANCE – Severable Services
The period of performance shall be for a base period of twelve (12) months with four (4) 12-month option periods, as follows:
Base Period: September 23, 2019 through September 22, 2020 Option Period 1: September 23, 2020 through September 22, 2021 Option Period 2: September 23, 2021 through September 22, 2022 Option Period 3: September 23, 2022 through September 22, 2023 Option Period 4 is September 23, 2023 through September 22, 2024
Option Periods may be exercised in accordance with FAR Clause 52.217-9, entitled "Option to Extend the Term of the Contract."
The Government may elect to exercise the Optional Quantity CLINS outlined in section B.4.
during the applicable period of performance. Optional Quantity CLINS may be exercised in accordance with FAR 52.217-6, entitled “Option for Increased Quantity.”
F.2 PLACE OF PERFORMANCE
All services shall be performed at the Contractor’s facility.
F.3 DELIVERABLES AND DELIVERY SCHEDULE
The Contractor shall submit all required report(s)/deliverables electronically (Microsoft Word, Excel, or other format approved by the COR) in accordance with the following schedule:
Deliverable Deliverable Description / Format Requirements Due Date
1.1 Share outline of Project Management
and Quality Control Plan with COR. 14 days after notice of award
1.2 Submit completed Project Management and Quality Control Plan to COR for approval
30 days after notice of award
2 Completion of NIH SBIR/STTR online training overview session 14 days after notice of award
3 Finalize a process to collect AAP applications electronically 21 days after notice of award
4.1 Format to share pre-examined
applications approved by COR 21 days after notice of award
4.2a Submit pre-examined AAP applications to COR in approved format
7 days after end of AAP application submission deadline
Deliverable Deliverable Description / Format Requirements Due Date
4.4b Provide concatenated AAP packages, and corresponding excel document for each participating NIH Institute
4.3 Notification of candidates and
enrollment of AAP participants
Within 2 weeks of being notified of NIH candidate selections
5.1 Initial training session completed for
all AAP participants
Within 3 weeks of being notified of NIH candidate selections
5.2 Make training sessions and associated
material accessible to participants 1 day after training session
5.3 Administer coaches to all AAP
participants
First day of first training session
5.4 Distribute key item list to all AAP
participants
First day of first training session
5.5 Personalized coaching of AAP
participants
Starting on first day of the training session and ending 1 day after proposal submission deadline; at least weekly and no less than 20hrs of dedicated coaching and 5 hrs of technical writing feedback to each participant
6 Post-cycle “lessons learned” Included in monthly progress report in September, January, and April
7 AAP Improvement report 2 business days after the “lessons learned” discussion
8 Implementation of changes approved by the COR to improve the AAP Continuously
9 Establish a Best Practices Guideline Continuously, final version at end of award
10.1 Provide certification of training completion (see deliverable #2) to
COR
2 days after training
10.2a Teleconferences with COR Bi-weekly
Deliverable Deliverable Description / Format Requirements Due Date
10.2b Preparation of meeting minutes on the teleconferences to be submitted to the
COR
1 day after teleconference
10.3 Monthly Progress Reports Last Friday of each month
10.4 Final Report 30 days prior to period of
performance expiration date
*All deliverables shall reference and cite the purchase order number.
Regardless of format, all digital content or communications materials produced as a deliverable under this contract, shall conform to applicable Section 508 Standards to allow Federal employees and members of the public with disabilities to have access to and use of information and data that is comparable to the access to and use of information and data by Federal employees or by members of the public who are not individuals with disabilities. Remediation of any materials that do not comply with the applicable Section 508 requirements as set forth below, shall be the responsibility of the Contractor.
HHS guidance regarding accessibility of documents can be found at http://www.hhs.gov/web/section-508/making-files-accessible/index.html; HHS accessibility checklists for different file types can be found at http://www.hhs.gov/web/section-508/making-files-accessible/checklist/.
Federal government-wide guidance regarding accessibility of documents can be found at https://www.section508.gov/best-practices, including the documents describing the preferred method of authoring and testing documents produced in Microsoft Word 2013 or later, Microsoft Excel, and files formatted as PDF.”
http://www.hhs.gov/web/section-508/making-files-accessible/index.html http://www.hhs.gov/web/section-508/making-files-accessible/checklist/ http://www.hhs.gov/web/section-508/making-files-accessible/checklist/ https://www.section508.gov/best-practices
SECTION G - Contract Administration Data
G.1 AUTHORITIES OF GOVERNMENT PERSONNEL
Notwithstanding the Contractor’s responsibility for total management during the performance of this contract, the administration of the contract will require coordination between the Government and the Contractor. The following individual will be the Government’s points of contact during performance of the contract:
COR: (TBD at Award)
G.2 CONTRACTING OFFICER'S REPRESENTATIVE (COR) AUTHORITY
(a) Performance of work under this contract must be subject to the technical direction of the Contracting Officer's Representative identified above, or a representative designated in writing.
The term "technical direction" includes, without limitation, direction to the contractor that directs or redirects the labor effort, shifts the work between work areas or locations, fills in details and otherwise serves to ensure that tasks outlined in the work statement are accomplished satisfactorily.
(b) Technical direction must be within the scope of the statement of work.
The Contracting Officer's Representative does not have authority to issue technical direction that:
(1) Constitutes a change of assignment or additional work outside the statement of work;
(2) Constitutes a change as defined in the clause entitled "Changes";
(3) In any manner causes an increase or decrease in the purchase order price, or the time required for performance;
(4) Changes any of the terms, conditions, or requirements of the purchase order;
(5) Interferes with the Contractor's right to perform under the terms and conditions of the purchase order; or
(6) Directs, supervises or otherwise controls the actions of the Contractor's employees.
(c) Technical direction may be oral or in writing. The Contracting Officer's Representative shall confirm oral direction in writing within five work days, with a copy to the Contracting Officer.
(d) The Contractor shall proceed promptly with performance resulting from the technical direction issued by the Contracting Officers Representative. If, in the opinion of the Contractor, any direction of the Contracting Officers, Representative, or his/her designee, falls within the limitations in (b), above, the Contractor shall immediately notify the Contracting Officer no later than the beginning of the next Government work day.
(e) 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."
G.3 PAYMENT / INVOICE SUBMISSION - COMMERCIAL (FFP)
Payment authorization requires submission and approval of invoices to the COR and NIH OFM, in accordance with the payment provisions listed below:
The following clause is applicable to all Purchase Orders, Task or Delivery Orders, and Blanket Purchase Agreement (BPA) Calls: Prompt Payment (Jan 2017) FAR 52.232-25. Highlights of this clause and NIH implementation requirements follow:
I. Invoice Requirements A. An invoice is the Contractor's bill or written request for payment under the contract for supplies delivered or services performed. A proper invoice is an "Original" which must include the items listed in subdivisions 1 through 12, below, in addition to the requirements of FAR 32.9. If the invoice does not comply with these requirements, the Contractor will be notified of the defect within 7 days after the date the designated billing office received the invoice (3 days for meat, meat food products, or fish, and 5 days for perishable agricultural commodities, dairy products, edible fats or oils) with a statement of the reasons why it is not a proper invoice. (See exceptions under II., below.)
Untimely notification will be taken into account in the computation of any interest penalty owed the Contractor.
1. Vendor/Contractor: Name, Address, Point of Contact for the invoice (Name, title, telephone number, e-mail and mailing address of point of contact).
2. Remit-to address (Name and complete mailing address to send payment).
3. Remittance name must match exactly with name on original order/contract. If the
Remittance name differs from the Legal Business Name, then both names must appear on the invoice.
4. Invoice date.
5. Unique invoice #s for all invoices per vendor regardless of site.
6. NBS document number formats must be included for awards created in the NBS:
Contract Number; Purchase Order Number; Task or Delivery Order Number and Source Award Number (e.g., Indefinite Delivery Contract number; General Services Administration number); or, BPA Call Number and BPA Parent Award Number.
7. Data Universal Numbering System (DUNS) or DUNS + 4 as registered in the Central Contractor Registration (CCR).
8. Federal Taxpayer Identification Number (TIN). In those exceptional cases where a contractor does not have a DUNS number or TIN, a Vendor Identification Number (VIN) must be referenced on the invoice. The VIN is the number that appears after the contractor’s name on the face page of the award document.
9. Identify that payment is to be made using a three-way match.
10. Description of supplies/services that match the description on the award, by line billed.*
11. Freight or delivery charge must be billed as shown on the award. If it is included in the item price do not bill it separately. If identified in the award as a separate line item, it must be billed separately.
12. Quantity, Unit of Measure, Unit Price, Extended Price of supplies delivered or services performed, as applicable, and that match the line items specified in the award.*
* NOTE: If your invoice must differ from the line items on the award, please contact the Contracting Officer before submitting the invoice. A modification to the order or contract may be needed before the invoice can be submitted and paid.
B. Shipping costs will be reimbursed only if authorized by the Contract/Purchase Order. If authorized, shipping costs must be itemized. Where shipping costs exceed $100, the invoice must be supported by a bill of lading or a paid carrier's receipt.
C. Mail an original and 1 copy of the itemized invoice to:
National Institutes of Health Office of Financial Management, Commercial Accounts 2115 East Jefferson Street, Room 4B-432, MSC 8500
Bethesda, MD 20892-8500 For inquiries regarding payment call: (301) 496-6088
In order to facilitate the prompt payment of invoices, it is recommended that the vendor submit a photocopy of the invoice to the “Consignee” designated for the acquisition in blocks 6A – 6E of the face page of the Order/Award document.
II. Invoice Payment
A. Except as indicated in paragraph B., below, the due date for making invoice payments by the designated payment office shall be the later of the following two events:
1. The 30th day after the designated billing office has received a proper invoice.
2. The 30th day after Government acceptance of supplies delivered or services performed.
B. The due date for making invoice payments for meat and meat food products, perishable agricultural commodities, dairy products, and edible fats or oils, shall be in accordance with the Prompt Payment Act, as amended.
III. Interest Penalties
A. An interest penalty shall be paid automatically, if payment is not made by the due date and the conditions listed below are met, if applicable.
1. A proper invoice was received by the designated billing office.
2. A receiving report or other Government documentation authorizing payment was processed and there was no disagreement over quantity, quality, or contractor compliance with a term or condition.
3. In the case of a final invoice for any balance of funds due the contractor for supplies delivered or services performed, the amount was not subject to further settlement actions between the Government and the Contractor.
B. Determination of interest and penalties due will be made in accordance with the provisions of the Prompt Payment Act, as amended, the Contract Disputes Act, and regulations issued by the Office of Management and Budget.
IV. PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS
SUBCONTRACTORS, FAR 52.232-40 (December 2013)
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.
Include the substance of this clause, include this paragraph c, in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.
SECTION H - Special Contract Requirements
H.1 PROHIBITION AGAINST PERSONAL SERVICES
The Contractor shall not perform personal services under this contract. Contractor personnel are employees of the Contractor or its subcontractors and are under the administrative control and supervision of the Contractor. A Contractor supervisor must give all individual Contractor employee assignments and daily work direction. The Government will not supervise or direct Contractor employees in the performance of their assignments. If at any time the Contractor believes that any Government action or communication has been given that would create a personal service relationship between the Government and any Contractor employee, the contractor shall promptly notify the Contracting Officer of this communication or action. The Contractor shall not perform any inherently-governmental functions under this contract. No Contractor employee shall represent or give the appearance that he/she is 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. The Contractor is responsible for ensuring that all employees assigned to this contract understand and are committed to following these requirements.
H.2 CONTRACTOR PERFORMANCE EVALUATION(S)
During the life of this purchase order, Contractor performance will be evaluated pursuant to FAR Subpart 42.15. The Contractor Performance Assessment Reporting System (CPARS) will be utilized for these reviews. Information on CPARS can be located at http://www.cpars.gov.
H.3 RESTRICTIONS ON CONTRACTOR ACCESS TO GOVERNMENT OR THIRD
PARTY INFORMATION
The purpose of this clause is to set forth the restrictions that will govern Contractor employees access to Government or third party information in order to protect the information from unauthorized use or disclosure.
A. Under this contract, the Contractor will have access to Contractor proprietary information and other nonpublic information.
B. Restrictions on use and disclosure of information.
(1) With regard to any information to which the Contractor is given access in performance of this contract, whether the information comes from the Government or from third parties, the Contractor shall:
(i) Utilize the information only for the purposes of performing the services specified in this contract, and not for any other purposes;
(ii) Safeguard information from unauthorized use and disclosure;
(iii) Allow access to the information only to those employees who need it to perform services under this contract;
(iv) Preclude access and disclosure of information to persons and entities outside of the http://www.cpars.gov/
Contractor's organization that do not have authority to access the information;
(v) Inform employees, who may require access to information, about their obligations to utilize it only to perform the services specified in this contract and to safeguard that information from unauthorized use and disclosure; and
(vi) Ensure each employee complies with the restrictions set forth in (i), (ii), (iii), and (iv) above.
(2) Unless specifically permitted in writing by the Contracting Officer, the Contractor shall not use information acquired in performance of the contract, or generated by or for the Government to:
(i) Compete for work for the Government; or
(ii) Submit an unsolicited proposal to the Government.
(3) If the Contractor is exposed to information that is marked in a way that indicates the Contractor should not receive this information, the Contractor shall:
(i) Notify the Contracting Officer; and
(ii) Use the information only in accordance with the instructions of the Contracting Officer.
C. Breach of any of the conditions of this section of the contract may provide grounds for the Government to:
(i) Require the contractor to remove the contract employee or employees from the performance of the contract;
(ii) Require the contractor to terminate the subcontractor;
(iii) Suspend contractor payments;
(iv) Terminate this contract for default or cause;
(v) Suspend or debar the Contractor for serious misconduct affecting present responsibility; and;
(vi) Pursue such other remedies as may be permitted by law, regulation, or this contract.
D. Unauthorized disclosure or other misuse of information protected by the Privacy Act of 1974 may result in a fine up to $5000 and /or other penalties. In addition, unauthorized disclosure or other misuse of information covered under the Federal Trade Secrets Act (18 USC 1905) may result in a fine, or imprisonment up to 1 year, or both.
E. The Contractor shall flow down this clause to subcontractors at all tiers.
H.4 POST AWARD ORGANIZATIONAL CONFLICT OF INTEREST
a. General: The Contractor shall have programs in place to identify, report, and mitigate actual and potential conflicts of interest for itself, its employees, subcontractors and consultants. The existence of such programs and the disclosure of known actual or potential conflicts are material performance requirements of this contract.
b. Disclosure: The Contractor shall report all actual and potential conflicts of interest pertaining to this contract to the Contracting Officer, including those that would be caused by a contemplated modification to this contact or another contract. Such reports shall be in writing (including by email). Upon request, the Contractor shall respond to a Contracting Officer's request for an OCI mitigation plan.
c. Resolution: In the event the Contracting Officer determines that a conflict of interest exists, based on disclosure from the Contractor or from other sources, the Contracting Officer shall take action which may include, but is not limited to, requesting a mitigation plan from the Contractor, terminating part or all of the contract, modifying the contract or obtaining a waiver in accordance with applicable law, including FAR 9.503 as applicable.
SECTION I - Contract Clauses
I.1. FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT
STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (MAY 2019)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115- 91).
(2) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)
(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C.
3509).
___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).
_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).
___ (5) [Reserved] _X_ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).
_X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).
___ (10) [Reserved] ___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).
___ (ii) Alternate I (Nov 2011) of 52.219-3.
___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).
___ (ii) Alternate I (Jan 2011) of 52.219-4.
___ (13) [Reserved] _X_ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).
___ (ii) Alternate I (Nov 2011).
___ (iii) Alternate II (Nov 2011).
___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
___ (ii) Alternate I (Oct 1995) of 52.219-7.
___ (iii) Alternate II (Mar 2004) of 52.219-7.
_X_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).
___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637 (d)(4)).
___ (ii) Alternate I (Nov 2016) of 52.219-9.
___ (iii) Alternate II (Nov 2016) of 52.219-9.
___ (iv) Alternate III (Nov 2016) of 52.219-9.
___ (v) Alternate IV (Aug 2018) of 52.219-9.
_ X_ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).
_ X_ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).
___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.
637(d)(4)(F)(i)).
___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).
_X_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).
___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).
___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).
_X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
___ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O.
13126).
_X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
_X_ (28) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
___ (ii) Alternate I (Feb 1999) of 52.222-26.
_ X (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
___ (ii) Alternate I (July 2014) of 52.222-35.
_X_ (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.
793).
___ (ii) Alternate I (July 2014) of 52.222-36.
_ X (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
_ X_ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
_X_ (33) (i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).
___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).
___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA- Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
___ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).
___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).
___ (38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514 ___ (ii) Alternate I (Oct 2015) of 52.223-13.
___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).
___ (ii) Alternate I (Jun 2014) of 52.223-14.
___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C.
8259b).
___ (41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).
___ (ii) Alternate I (Jun 2014) of 52.223-16.
_X_ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).
___ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).
___ (45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
___ (ii) Alternate I (Jan 2017) of 52.224-3.
___ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).
___ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C.
4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110- 138, 112-41, 112-42, and 112-43).
___ (ii) Alternate I (May 2014) of 52.225-3.
___ (iii) Alternate II (May 2014) of 52.225-3.
___ (iv) Alternate III (May 2014) of 52.225-3.
___ (48) 52.225-5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
_X_ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
___ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
___ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.
5150).
___ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
___ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).
___ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
_X_ (55) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.S.C. 3332).
___ (56) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).
___ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
___ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
___ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C.
637(d)(12)).
___ (60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).
___ (ii) Alternate I (Apr 2003) of 52.247-64.
___ (iii) Alternate II (Feb 2006) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.] ___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495) ___ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67.).
___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C.206 and 41 U.S.C.
chapter 67).
___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).
_X_ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).
___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).
___ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).
(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)
(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Jan 2019) (41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115- 91).
(iv) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(v) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.
(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(vii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2019) (38 U.S.C. 4212).
(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(x) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xii) 52.222-41, Service Contract Labor Standards (Aug 2018), (41 U.S.C. chapter 67).
(xiii) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627).
(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).
(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)
(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)
(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).
(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
(xviii) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph
(d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
I.2. 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 30 days of contract expiration.
1.3. FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days of contract expiration.
I.4. 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 15 days of contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 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 clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.
I.5. FAR 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):
http://www.acquisition.gov/far/ and http://www.hhs.gov/hhsar/
FEDERAL ACQUISITION REGULATION (FAR) (48 CFR CHAPTER 1) CLAUSES:
CLAUSE NO. TITLE DATE
FAR 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER
RIGHTS AND REQUIREMENT TO INFORM
EMPLOYEES OF WHISTLEBLOWER RIGHTS
APR 2014
FAR 52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES
THAT REQUIRE CERTAIN INTERNAL
CONFIDENTIALITY AGREEMENTS OR
STATEMENTS-REPRESENTATION
JAN 2017
FAR 52.203-19 PROHIBITION ON REQUIRING CERTAIN
INTERNAL CONFIDENTIALITY AGREEMENTS OR
STATEMENTS
JAN 2017
FAR 52.204-19 INCORPORATION BY REFERENCE OF
REPRESENTATIONS AND CERTIFICATIONS
DEC 2014
FAR 52.204-22 ALTERNATIVE LINE ITEM PROPOSAL JAN 2017
FAR 52.212-4 CONTRACT TERMS AND CONDITIONS –
COMMERCIAL ITEMS
JAN 2017
FAR 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED
OBLIGATIONS
JUN 2013
FAR 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT
CLAIM
OCT 2004
http://www.acquisition.gov/far/ http://www.hhs.gov/hhsar/
HEALTH AND HUMAN SERVICES ACQUISITION REGULATION (HHSAR) (48 CFR
CHAPTER 3) CLAUSES:
CLAUSE NO. TITLE DATE
HHSAR 352.203-70 ANTI-LOBBYING DEC 2015
HHSAR 352.208-70 PRINTING AND DUPLICATION DEC 2015
HHSAR 352.222–70 CONTRACTOR COOPERATION IN
EQUAL EMPLOYMENT OPPORTUNITY
INVESTIGATIONS
DEC 2015
HHSAR 352.224–71 CONFIDENTIAL INFORMATION DEC 2015
HHSAR 352.227-70 PUBLICATIONS AND PUBLICITY DEC 2015
HHSAR 352.237-74 NON-DISCRIMINATION IN SERVICE DELIVERY DEC 2015
SECTION J - List of Attachments
Reference Number Title
J.1 Statement of Work
SECTION K - Representations, Certifications, and Other Statements of Offerors or Respondents
K.1 NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM CODE
(1) The North American Industry classification System (NAICS) code for this acquisition 541611.
(2) The small business size standard is $15 million.
SECTION L - Instructions, Conditions, and Notices to Quoters or Respondents
L.1 FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE
(FEB 1998)
This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
http://www.acquisition.gov/far/ and http://www.hhs.gov/hhsar/.
FEDERAL ACQUISITION REGULATION (FAR) (48 CFR CHAPTER 1) PROVISIONS:
PROVISION
NO.
TITLE DATE
FAR 52.212-1 INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS (OCT 2018)
FAR 52.212-2 EVALUATION-COMMERCIAL ITEMS (OCT 2014)
FAR 52.217-5 EVALUATION OF OPTIONS JUL 1990
FAR 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE NOV 2011
L.2 GENERAL SUBMISSION INSTRUCTIONS
The quote must be prepared in three SEPARATE volumes: Volume I - "Technical Volume", Volume II - "Past Performance Volume" and Volume III - "Price Volume". Each volume shall be separate and complete in itself so that the evaluation of one may be accomplished independently of the evaluation of the other. The Request for Quotation (RFQ) number should be included on the front cover of each volume.
Your quote must stipulate that it is predicated upon all the terms and conditions of this RFQ and signed by an official authorized to bind your organization. In addition, it must contain a statement to the effect that it is firm for a period of at least 60 days from the date of receipt thereof by the Government.
The Government will evaluate your quote in accordance with the evaluation criteria set forth in Section M of this solicitation.
This solicitation does not commit the Government to pay any of the costs associated with the preparation and submission of your quote. In addition, the Contracting Officer is the only individual authorized to legally commit the Government to the expenditure of public funds in connection with this requirement.
By submitting a quote in response to this solicitation, it is understood that your quote shall become a part of the official contract file.
Questions:
All questions concerning this Request for Quote (RFQ) must be submitted VIA E-MAIL to Contracting Officer, Megan Kisamore at Megan.Kisamore@nih.gov no later than 3:00 PM EST on Thursday, August 8, 2019. Please be advised that the Government reserves the right to http://www.acquisition.gov/far/ http://www.hhs.gov/hhsar/ mailto:Megan.Kisamore@nih.gov transmit any questions and answers of a common interest to all prospective Contractors.
Submission Deadline:
Quoters shall provide one original quotation VIA EMAIL to Contracting Officer, Megan Kisamore at Megan.Kisamore@nih.gov no later than 3:00 PM EST on Friday, August 16, 2019. QUOTES RECEIVED AFTER THIS DATE AND TIME WILL NOT BE CONSIDERED.
**Please reference RFQ # 75N91019Q00128 on all correspondence.
L.3 TECHNICAL VOLUME INSTRUCTIONS (VOLUME I)
The technical volume shall be limited to 15 pages, with 1-inch margins, and using not less than 12-point font. Respondents are encouraged to be succinct and economical in their presentation.
Excessive volume and elaborate presentations are unnecessary. Table of contents, works cited, and the Technical Appendix are not included in the page count.
The technical volume must not contain references to price; however, resource information must be contained in the technical volume so that your understanding of the scope of work may be evaluated. It must disclose your technical approach in sufficient detail to provide a clear and concise presentation that includes, but is not limited to, the requirements of the technical volume instructions. The technical volume must contain a response to each of the factors and subfactors identified in Section M. The technical volume must reflect a clear understanding of the nature of the work being undertaken. Quotes which merely offer to conduct a project in accordance with the Government's requirements will not be eligible for award.
The technical quotation shall address the following factors:
FACTOR 1 - Personnel Qualifications FACTOR 2 - Technical Approach FACTOR 3 - Organizational and Management Experience
L.4 PAST PERFORMANCE VOLUME INSTRUCTIONS (VOLUME II)
Respondents will be evaluated on performance under existing contracts and performance on prior contracts. Respondents should note the difference between past performance and past experience. Past performance relates to quality and how well a Contractor performed, while past experience is about the type and amount of work previously performed by a Contractor.
Past performance information is available to Federal agencies through a system called the Past Performance Information Retrieval System (PPIRS).
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