75N91021Q00189_Combined Synopsis_Solicitation Notice.pdf

COMBINED SYNOPSIS/SOLICITATION NOTICE

1.0 TITLE

Scientific Input on the Conduct and Analysis of the Electron Paramagnetic Resonance Imaging (EPRI) Instrument and Magnetic Resonance Imaging (MRI) Projects

2.0 BACKGROUND

The Biophysical Spectroscopy Section of the Radiation Biology Branch (RBB) within the Center for Cancer Research (CCR), National Cancer Institute (NCI), National Institutes of Health (NIH) is developing methods to profile tumors on a physiological basis by probing the tumor microenvironment. Once the response of the tumor microenvironment to treatment is understood, this may allow for specialize treatments for each patient. In vivo time‐domain Electron Paramagnetic Resonance imaging (EPRI) methods using narrow‐line non‐toxic spin probes based on the trityls (triarylmethyl radical) can perform quantitative three‐dimensional in vivo oxygen mapping of animal models of different tumor types. RBB has developed a unique and superior oximetric methodology for Fourier Transformation (FT)‐EPR imaging and has recently implemented the data acquisition by rapid scan methods and data processing techniques to make the measurement more efficient with new strategies. In a different approach to assess the tumor physiology, RBB is studying the metabolite distributions in the tumors in vivo using Magnetic Resonance Imaging (MRI).

2.1 OBJECTIVE

RBB is seeking external scientific input to improve the ability to couple FT‐EPRI with MRI to access oxygen levels and changes occurring in tissues of animals (mice) and ultimately for application for human use. RBB has a custom EPRI instrument and recently installed MRI systems used to image tumors after EPRI imaging. The use of algorithms is increasing RBB’s ability to rapidly access oxygen changes in both normal and tumor tissue to determine how various drugs and radiation alter this important parameter for treatment of tumors. As blood flow is an important variable in oxygen delivery to tissue, having the ability to measure blood flow in tissue over short time periods is important. RBB requires scientific expertise in the use of MRI and FT‐EPRI equipment, as well as in imagine and data acquisition techniques to enable RBB to achieve its goals.

3.0 SCOPE

In support of RBB’s EPRI and MRI projects, the Contractor shall provide scientific input on programming and data capture/acquisition for use on RBB’s FT‐EPRI and MRI equipment.

The Contractor shall assist NCI in improving data/image capture capabilities, reporting effects of each RBB system, and determining best approaches for ongoing research efforts.

4.0 PURCHASE ORDER REQUIREMENTS

The Contractor shall perform the following tasks:

TASK 4.1

Participate in email exchanges and weekly video conference calls with the Principal Investigator to provide scientific input related to analytic approaches for the ongoing EPRI and MRI projects.

Participate in writing and editing all scientific work which may come about because of projects.

Perform data analysis at the direction of the Principal Investigator.

TASK 4.2

Assist the Principal Investigator with the algorithmic approaches and implementation of the following: data acquisition and image formation; tumor perfusion parameters by Dynamic Contrast Enhanced MRI; blood vessel density assessment by MRI at 1T and 3T magnetic fields using the contrast agent Ultrasmall superparamagnetic iron oxides (USPIO); Apparent Diffusion Coefficient (ADC) assessment by MRI; and MRI chemical shift image analysis to be implemented on a both Philips and Bruker MRI systems.

TASK 4.3

Provide ongoing input into topics such as study design, analytic methods, tools, and techniques, data analysis and interpretation. Assist Principal investigator in adapting algorithms for RBB FT‐ EPRI equipment. Help determine what changes need to be implemented so that algorithms properly collected and analyze MRI and FT‐EPRI data.

4.4 PERSONNEL QUALIFICATIONS

The Contractor shall have experience in the following:

(1) FT‐EPR imaging: data acquisition by phase and frequency encoding techniques; optimization of scan speed and signal to noise, implementation of novel pulse schemes; and expert knowledge in image processing algorithms; waveform generator based pulsed EPR imaging;

slice selective imaging; and the imaging by multi‐element resonant structures. Detailed knowledge of the Overhauser effect and its application to biological problems.

(2) Implementation of functional MRI techniques to determine tumor microenvironment, blood vessel density, extracellular blood volume and transfer rate constants, apparent diffusion coefficient, and chemical shift imaging to map the metabolite dynamics.

(3) Development of algorithms for optimization of data acquisition in FT‐EPRI, including the ability to augment software features for operation and processing of results.

(4) Ability to work with different MRI systems (Philips 3T clinical multinuclear, Bruker 1 T &

Bruker 3 T both multinuclear, Bruker 9.4 T multinuclear). Must be familiar with current software and hardware for each system.

5.0 TYPE OF ORDER

This is a firm fixed price purchase order for severable services. The services acquired under this purchase order are severable services. Funds are only available for use for the line item to which they are obligated. Unused funds from one period (line item) may not roll over for use in other periods.

6.0 PERIOD OF PERFORMANCE

The anticipated period of performance shall be for one (1) 12‐month base period plus three (3), 12‐month option periods as follows:

Base Period: September 15, 2021 – September 14, 2022 Option Period 1: September 15, 2022 – September 14, 2023 Option Period 2: September 15, 2023 – September 14, 2024 Option Period 3: September 15, 2024 – September 14, 2025

7.0 PLACE OF PERFORMANCE

All work shall be performed at the Contractor’s facility and on‐site at the following location:

Radiation Biology Branch 10 Center Drive Building 10, Room B3B69 Bethesda, MD 20892

The NCI Technical Point of Contact estimates that the Contractor will be on‐site four (4) days per week for thirty (30) hours per week.

The Contractor (and/or any subcontractor) and its employees shall comply with Homeland Security Presidential Directive (HSPD)‐12, Policy for a Common Identification Standard for Federal Employees and Contractors; OMB M‐05‐24; FIPS 201, Personal Identity Verification (PIV) of Federal Employees and Contractors; HHS HSPD‐12 policy; and Executive Order 13467, Part 1 §1.2.

(For additional information, see HSPD‐12 policy at: https://www.dhs.gov/homeland‐security‐ presidential‐directive‐12)

8.0 INSPECTION AND ACCEPTANCE CRITERIA

Pursuant to FAR clause 52.212‐4, all work described in the SOW 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 NCI Contracting Officer’s Representative (COR), who is responsible for inspection and acceptance of all services, materials, or supplies to be provided by the Contractor.

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 https://www.hhs.gov/web/section‐508/making‐files‐accessible/create‐accessible‐ pdfs/index.html.

Federal government‐wide guidance regarding accessibility of documents can be found at https://www.section508.gov/, 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. 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.

8.1 CONTRACTING OFFICER’S REPRESENTATIVE (COR) / TECHNICAL POINT OF CONTACT

(TPOC)

All services delivered to the COR and TPOC will be deemed to have been accepted 30 calendar days after date of delivery, except as otherwise specified in this Purchase Order if written approval or disapproval has not been given within such period.

The following individual shall be the COR for this Purchase order:

COR: TBD at award Email: TBD at award Phone: TBD at award

The following individual shall be the TPOC for this purchase order:

TPOC: TBD at award Email: TBD at award Phone: TBD at award

(a) Performance of work under this purchase order must be subject to the technical direction of the Contracting Officer's Representative identified above. The term "technical direction" includes direction to the Contractor that 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 business 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 business 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."

9.0 REPORT(S)/DELIVERABLES AND DELIVERY SCHEDULE

DELIVERABLE DELIVERABLE DESCRIPTION /

FORMAT REQUIREMENTS

FORMAT

REQUIREMENTS

DUE DATE

1 – Task 4.1 Weekly Update Email and/or video conference with the TPOC

Ongoing

2 – Tasks 4.2 and 4.3

Written advice and input. Microsoft Word, PDF, and/or email to the

TPOC

Ongoing

3 Monthly Report summarizing efforts made and status of ongoing assignments.

Microsoft Word or PDF to the

TPOC

First report is due seven (7) days after the first full calendar month of the Purchase Order.

Thereafter, reports are due on or before seven (7) calendar days following each reporting period.

10.0 PAYMENT

Payment shall be made quarterly in arrears. Payment authorization requires submission and approval of invoices to the COR and NIH OFM, in accordance with the attached payment provisions listed below:

The following clause is applicable to all Purchase Orders, Task or Delivery Orders, and

Blanket Purchase Agreement (BPA) Orders/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. 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 contractor 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 System for Award Management (SAM).

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. The Contractor shall submit invoice to the National Institutes of Health/Office of Financial Management (NIH/OFM) via email at invoicing@nih.gov with a copy to Contracting Officer, Contracting Officer’s Representative, and Program point of contact, as directed. The invoices must be emailed in accordance with instructions below. Do not submit supporting documentation (e.g., receipts, time sheets, invoices, etc.) with your payment request unless specified elsewhere in the contract or requested by the Contracting Officer. The invoice shall be transmitted as an attachment via email to the address listed above in one of the following formats: Word, or Adobe Portable Document Format (PDF). The Contractor must submit only one invoice per email.

Please Note: NIH/OFM will not accept invoices postmarked and/or delivered in‐person on/after December 1, 2020.

For inquiries regarding the status of invoices such as receipt of invoices, due date, request for payment of invoices, etc., contact NIH/OFM Customer Service via email at ofm_customer_service@incontactemail.com or via phone at 301‐496‐

6088. To send your inquiries via other available communication methods see the

NIH/OFM Customer Service website at https://ofm.od.nih.gov/Pages/Customer‐

Service.aspx.

The NIH/OFM Customer Service is open Eastern Standard Time Monday – Friday from

8:30 a.m. to 5:00 p.m. and is closed between 12:00 p.m. to 1:00 p.m.

Please see Attachment 1 – Electronic Invoicing Instructions for more information.

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.

c. 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.

11.0 PURCHASE ORDER CLAUSES

FAR 52.212‐5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS ‐ COMMERCIAL ITEMS (JUL 2021)

(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) 52.203‐19, 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)).

(2) 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).

(3) 52.204‐25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115‐ 232).

(4) 52.209‐10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233‐3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233‐4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108 77 and 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 (JUN 2020), 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 (JUN 2020) (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 (JUN 2020) (Pub. L. 109‐282) (31 U.S.C. 6101 note).

___ (5) [Reserved].

___ (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. (JUN 2020) (31 U.S.C. 6101 note).

___ (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 (MAR 2020) (15 U.S.C.657a).

___ (ii) Alternate I (MAR 2020) of 52.219‐3.

_X_ (12) (i) 52.219‐4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

___ (ii) Alternate I (MAR 2020) of 52.219‐4.

___ (13) [Reserved]

_X_ (14) (i) 52.219‐6, Notice of Total Small Business Set‐Aside (NOV 2020) (15 U.S.C.644).

___ (ii) Alternate I (MAR 2020) of 52.219‐6

___ (15) (i) 52.219‐7, Notice of Partial Small Business Set‐Aside (NOV 2020) (15 U.S.C. 644).

___ (ii) Alternate I (MAR 2020) 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 (JUN 2020) (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 (JUN 2020) of 52.219‐9.

___ (v) Alternate IV (JUN 2020) of 52.219‐9

___ (18) (i) 52.219‐13, Notice of Set‐Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

___ (ii) Alternate I (MAR 2020) of 52.219‐13

___ (19) 52.219‐14, Limitations on Subcontracting (MAR 2020) (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 (MAR 2020) (15 U.S.C. 657f).

_X_ (22)(i) 52.219‐28, Post Award Small Business Program Representation (NOV 2020) (15 U.S.C. 632(a)(2)).

___ (ii) Alternate I (MAR 2020) of 52.219‐28.

___ (23) 52.219‐29, Notice of Set‐Aside for, or Sole Source Award to, Economically Disadvantaged Women‐Owned Small Business Concerns (MAR 2020) (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 (MAR 2020) (15 U.S.C. 637(m)).

___ (25) 52.219‐32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

___ (26) 52.219‐33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17)).

_X_ (27) 52.222‐3, Convict Labor (JUN 2003) (E.O.11755).

___ (28) 52.222‐19, Child Labor‐Cooperation with Authorities and Remedies (JAN 2020) (E.O.13126).

_X_ (29) 52.222‐21, Prohibition of Segregated Facilities (APR 2015).

_X_ (30) (i) 52.222‐26, Equal Opportunity (SEP 2016) (E.O.11246).

___ (ii) Alternate I (Feb 1999) of 52.222‐26.

_X_ (31)(i) 52.222‐35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

___ (ii) Alternate I (JUL 2014) of 52.222‐35.

_X_ (32) (i) 52.222‐36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C.793).

___ (ii) Alternate I (JUL 2014) of 52.222‐36.

_X_ (33) 52.222‐37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

_X_ (34) 52.222‐40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

_X_ (35)(i) 52.222‐50, Combating Trafficking in Persons (OCT 2020) (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).

___ (36) 52.222‐54, Employment Eligibility Verification (OCT 2015). (Executive Order 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.)

___ (37) (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.)

___ (38) 52.223‐11, Ozone‐Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

___ (39) 52.223‐12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

___ (40) (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.

___ (41) (i) 52.223‐14, Acquisition of EPEAT®‐Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (JUN 2014) of 52.223‐14.

___ (42) 52.223‐15, Energy Efficiency in Energy‐Consuming Products (MAY 2020) (42 U.S.C. 8259b).

___ (43) (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_ (44) 52.223‐18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

___ (45) 52.223‐20, Aerosols (JUN 2016) (E.O. 13693).

___ (46) 52.223‐21, Foams (JUN 2016) (E.O. 13693).

___ (47) (i) 52.224‐3 Privacy Training (JAN 2017) (5 U.S.C. 552 a).

___ (ii) Alternate I (JAN 2017) of 52.224‐3.

___ (48) 52.225‐1, Buy American‐Supplies (JAN 2021) (41 U.S.C. chapter 83).

___ (49) (i) 52.225‐3, Buy American‐Free Trade Agreements‐Israeli Trade Act (JAN 2021) (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 (JAN 2021) of 52.225‐3.

___ (iii) Alternate II (JAN 2021) of 52.225‐3.

___ (iv) Alternate III (JAN 2021) of 52.225‐3.

___ (50) 52.225‐5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (51) 52.225‐13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (52) 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).

___ (53) 52.226‐4, Notice of Disaster or Emergency Area Set‐Aside (NOV 2007) (42 U.S.C. 5150).

___ (54) 52.226‐5, Restrictions on Subcontracting Outside Disaster or Emergency Area

(NOV 2007) (42 U.S.C. 5150).

___ (55) 52.229‐12, Tax on Certain Foreign Procurements (FEB 2021).

___ (56) 52.232‐29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C.4505, 10 U.S.C.2307(f)).

___ (57) 52.232‐30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C.4505, 10 U.S.C.2307(f)).

_X_ (58) 52.232‐33, Payment by Electronic Funds Transfer‐System for Award Management (OCT 2018) (31 U.S.C. 3332).

___ (59) 52.232‐34, Payment by Electronic Funds Transfer‐Other than System for Award Management (JUL 2013) (31 U.S.C.3332).

___ (60) 52.232‐36, Payment by Third Party (MAY 2014) (31 U.S.C.3332).

___ (61) 52.239‐1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

___ (62) 52.242‐5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C. 637(d)(13)).

___ (63) (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:

___ (1) 52.222‐41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

___ (2) 52.222‐42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (3) 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).

___ (4) 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).

___ (5) 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_ (6) 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).

___ (7) 52.222‐55, Minimum Wages Under Executive Order 13658 (NOV 2020).

___ (8) 52.222‐62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O.

13706).

___ (9) 52.226‐6, Promoting Excess Food Donation to Nonprofit Organizations

(JUN 2020) (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, as defined in FAR 2.101, on the date of award of this contract, 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 (JUN 2020) (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) 52.204‐25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115‐232).

(v) 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 the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219‐8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222‐21, Prohibition of Segregated Facilities (APR 2015).

(vii) 52.222‐26, Equal Opportunity (SEP 2015) (E.O.11246).

(viii) 52.222‐35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C.4212).

(ix) 52.222‐36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C.793).

(x) 52.222‐37, Employment Reports on Veterans (JUN 2020) (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 (OCT 2020) (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 and 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 (NOV 2020).

(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 (JUN 2020) (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.

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 because 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 prior to contract expiration.

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 Purchase Order 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 48 months.

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/or http://www.hhs.gov/policies/hhsar/.

FEDERAL ACQUISITION REGULATION (FAR) (48 CFR CHAPTER 1) PROVISIONS:

FAR 52.204‐13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

FAR 52.204‐18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG

2020)

FAR 52.204‐19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS (DEC 2014)

FAR 52.212‐4 CONTRACT TERMS AND CONDITIONS‐COMMERCIAL ITEMS (OCT 2018)

FAR 52.227‐14 RIGHTS IN DATA – GENERAL

FAR 52.227‐17 RIGHTS IN DATA – SPECIAL WORKS

FAR 52.232‐39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

FAR 52.232‐40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (DEC 2013)

HEALTH AND HUMAN SERICES ACQUISITION REGULATION (HHSAR) (48 CFR

CHAPTER 3) PROVISIONS:

HHSAR 352.222‐70 CONTRACTOR COOPERATION IN EQUAL EMPLOYMENT OPPORTUNITY

INVESTIGATION (DEC 2015)

12.0 SOLICITATION PROVISIONS

FAR 52.204‐24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND

VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the

Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in the provision at 52.204‐26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v) of the provision at 52.212‐3, Offeror Representations and Certifications‐Commercial Items. The

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

(a) Definitions. As used in this provision‐

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204‐25, Prohibition on Contracting for

Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year

2019 (Pub. L. 115‐232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year

2019 (Pub. L. 115‐232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

Nothing in the prohibition shall be construed to—

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

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

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award

Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services.”

(d) Representations. The Offeror represents that—

(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the

Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds “will” in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services.

The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds “does” in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded “will” in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph

(b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded “does” in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

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

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph

(b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

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/or http://www.hhs.gov/policies/hhsar/.

FEDERAL ACQUISITION REGULATION (FAR) (48 CFR CHAPTER 1) PROVISIONS:

FAR 52.203‐18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN

INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS‐

REPRESENTATION (JAN 2017)

FAR 52.204‐7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

FAR 52.204‐16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020)

FAR 52.204‐17 OWNERSHIP OR CONTROL OF OFFEROR (AUG 2020)

FAR 52.204‐20 PREDECESSOR OF OFFEROR (AUG 2020)

FAR 52.204‐22 ALTERNATIVE LINE ITEM PROPOSAL (JAN 2017)

FAR 52.204‐26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES‐

REPRESENTATION (OCT 2020)

FAR 52.209‐2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS – REPRESENTATION (NOV 2015)

FAR 52.209‐11 REPRESENTATION BY CORPORATION BY CORPORATIONS REGARDING

DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY

FEDERAL LAW (FEB 2016)

FAR 52.212‐1 INSTRUCTIONS TO OFFERORS‐COMMERCIAL ITEMS (JUL 2021)

FAR 52.212‐2 EVALUATION‐COMMERCIAL ITEMS (OCT2014)

FAR 52.212‐3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS‐COMMERCIAL ITEMS

(FEB 2021)

13.0 INQUIRIES / SUBMISSION

All questions concerning this Request for Quotation (RFQ) must be submitted via e‐mail to the Contract Specialist, Adam Hernandez at adam.hernandez@nih.gov no later than 3:00 PM EST, Friday, August 6, 2021 (08/06/2021). Please be advised that the Government reserves the right to transmit any questions and answers of a common interest to all prospective Contractors.

Quoters shall provide one original quotation via email to the Contract Specialist, Adam Hernandez at adam.hernandez@nih.gov no later than 3:00 PM EST, Thursday, August 12, 2021 (08/12/2021).

Please reference solicitation number 75N91021Q00189 on all correspondence.

Quotes must be prepared in two SEPARATE volumes: Volume I ‐ "Technical", Volume II ‐ "Price".

Each volume shall be separate and complete so that the evaluation of one may be accomplished independently of the evaluation of the other. The RFQ number 75N91021Q00189 should be included on the front cover of each volume. All Quoters shall have an active registration in the System for Award Management (SAM) accessed through https://www.sam.gov.

Quotes 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.

This RFQ 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 part of the official contract file. The Government is not responsible for locating or securing any information which is not identified in the quote.

Quotes shall be submitted with a completed copy of FAR 52.204‐24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment, located in section

12.0 SOLICITATION PROVISIONS of this RFQ.

13.1 TECHNICAL VOLUME

The technical volume must not contain references to price; however,…