Sol_75N94025R00001.pdf
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- Solicitation # 75N94025R00001 - (ARCR) Services
- Solicitation number
- 75N94025R00001
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This document is a solicitation for a cost-reimbursement services contract to provide management, editing, development, and publication of Alcohol Research: Current Reviews (ARCR), an online open-access, peer-reviewed journal on alcohol research topics.
The National Institute on Alcohol Abuse and Alcoholism (NIAAA) is seeking a contractor to perform these services for an estimated period of performance from March 10, 2025 through March 9, 2030, with the potential for four one-year option periods. Proposals are due by December 20, 2024. The estimated cost of the base period is to be proposed by offerors, with a fixed fee. The solicitation includes a Statement of Work detailing the required services and deliverables. It also specifies certain IT security, records management, and other contract requirements. No set-asides are identified.
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SOLICITATION/CONTRACT 1. THIS CONTRACT IS A RATED
5. SOLICITATION TYPE2. CONTRACT NO. 4. SOLICITATION NUMBER
PAGE OF PAGES
7. ISSUED BY CODE 8. THIS ACQUISITION IS
BIDDER/OFFEROR TO COMPLETE BLOCKS 11, 13, 15, 21, 22, & 27
RATING
ORDER UNDER DPAS (15 CFR 700)
3. AWARD/
EFFECTIVE DATE ISSUE DATE
6. SOLICITATION
UNRESTRICTED OR SET ASIDE:
SMALL BUSINESS
SIZE STANDARD:
9. (AGENCY USE)
NO COLLECT CALLS
10. ITEMS TO BE PURCHASED (BRIEF DESCRIPTION)
SUPPLIES SERVICES
11. IF OFFER IS ACCEPTED BY THE GOVERNMENT WITHIN
CALENDAR DAYS (60 CALENDAR DAYS UNLESS OFFEROR INSERTS A DIFFERENT
PERIOD) FROM THE DATE SET FORTH IN BLOCK 9 ABOVE, THE CONTRACTOR
AGREES TO HOLD ITS OFFERED PRICES FIRM FOR THE ITEMS SOLICITED
HEREIN AND TO ACCEPT ANY RESULTING CONTRACT SUBJECT TO THE TERMS
AND CONDITIONS STATED HEREIN.
CODE 12. ADMINISTERED BY
13. CONTRACTOR FACILITY 14. PAYMENT WILL BE MADE BY CODE CODE
OFFEROR CODE
TELEPHONE NO.
UNIQUE ENTITY IDENTIFER
CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK:
15. PROMPT PAYMENT DISCOUNT 16. AUTHORITY FOR USING OTHER
THAN FULL AND OPEN COMPETITION
10 U.S.C. 2304 41 U.S.C. 253
NEGOTIATED
(RFP)
SEALED BIDS
(IFB)
1 86
11/19/2024
National Institutes of Health National Institute of Child Health Bethesda, MD 20892-7511
National Institutes of Health National Institute of Child Health Bethesda, MD 20892-7511
NICHD
513120
% FOR:
X
X x x
NICHD
Managing, Editing, and Publication of Alcohol Research
1,000
75N94025R00001
NAICS:
HUBZONE SMALL
BUSINESS
SERVICE-DISABLED VETERAN-
OWNED SMALL BUSINESS
8(A)
WOMEN-OWNED SMALL BUSINESS (WOSB)
ELIGIBLE UNDER THE WOSB PROGRAM
EDWOSB
17.
ITEM NO.
18.
SCHEDULE OF SUPPLIES/SERVICES
19.
QUANTITY
20.
UNIT
21.
UNIT PRICE
22.
AMOUNT
Solicitation: "Managing, Editing, and
Publication of Alcohol Research: Current Reviews"
(ARCR) Services.
Proposals Due: December 20, 2024 by 1:00pm (ET).
Estimated Period of Performance: March 10, 2025 through March 09, 2030
Continued ...
27. SIGNATURE OF OFFEROR/CONTACTOR 28. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
NAME AND TITLE OF SIGNER (TYPE OR PRINT) DATE SIGNED NAME OF CONTRACTING OFFICER DATE SIGNED
25. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET
FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY CONTINUATION SHEETS
SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.
26. AWARD OF CONTRACT: YOUR OFFER ON SOLICITATION
NUMBER SHOWN IN BLOCK 4 INCLUDING ANY ADDITIONS
OR CHANGES WHICH ARE SET FORTH HEREIN, IS
ACCEPTED AS TO ITEMS:
23. ACCOUNTING AND APPROPRIATION DATA 24. TOTAL AWARD AMOUNT
(FOR GOVERNMENT USE ONLY)
LISA L. SCHAUPP
x
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION NOT USABLE
STANDARD FORM 1447 (REV. 8/2016)
Prescribed by GSA - FAR (48 CFR) 53.214(d)
COPIES TO
TYPE OR PRINT NAME AND TITLE OF SIGNER
SIGNATURENAME AND ADDRESS OF FIRM (Include ZIP Code)
WE DO NOT, DESIRE TO BE RETAINED ON THE MAILING LIST FOR FUTURE PROCUREMENT OF THE TYPE OF ITEMS INVOLVEDWE DO
DO NOT REGULARLY MANUFACTURE OR SELL THE TYPE OF ITEMS INVOLVED
CANNOT MEET DELIVERY REQUIREMENT
OTHER (Specify)
UNABLE TO IDENTIFY THE ITEM(S)
CANNOT COMPLY WITH SPECIFICATIONS
PAGE
NO RESPONSE FOR REASONS CHECKED
86 2 OF
DATE AND LOCAL TIME
AFFIX
STAMP
HERE
TO:
FROM:
SOLICITATION NO.
National Institutes of Health National Institute of Child Health Bethesda, MD 20892-7511
NICHD
75N94025R00001
STANDARD FORM 1447 (REV. 8/2016) BACK
(A)
ITEM NO.
(B)
SUPPLIES/SERVICES
(C)
QUANTITY
(D)
UNIT
(E)
UNIT PRICE
(F)
AMOUNT
NAME OF OFFEROR OR CONTRACTOR
3 86
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
75N94025R00001
Questions may be sent to Edwin Osorio, Contract
Specialist, until November 26, 2024 at edwin.osorio@nih.gov. Answers will be posted by
December 04, 2024.
NSN 7540-01-218-4386 STANDARD FORM 1447 (REV. 8/2016)
Prescribed by GSA - FAR (48 CFR) 53.214(d)
SECTION B - Supplies or Services/Prices
1. BRIEF DESCRIPTION OF SUPPLIES OR SERVICES
2. PRICES/COSTS
3. ESTIMATED COST - OPTION
4. PROVISIONS APPLICABLE TO DIRECT COSTS
5. ADVANCE UNDERSTANDINGS
SECTION C - Description/Specifications
1. REPORTING REQUIREMENTS
SECTION D - Packaging and Marking SECTION E - Inspection and Acceptance SECTION F - Deliveries or Performance
1. PERIOD OF PERFORMANCE
2. DELIVERIES
3. 1. - CLAUSES INCORPORATED BY REFERENCE, FAR 52.252-2 (FEBRUARY 1998)
SECTION G - Contract Administration Data
1. CONTRACTING OFFICER REPRESENTATIVE (COR)
2. INVOICE SUBMISSION/CONTRACT FINANCING REQUEST AND CONTRACT FINANCIAL REPORT
3. CONTRACT FINANCIAL REPORT
4. INDIRECT COST RATES
5. POST AWARD EVALUATION OF CONTRACTOR PERFORMANCE
6. GOVERNMENT PROPERTY
7. - Key Personnel, HHSAR 352.237-75 (December 2015)
8. FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (MAR 2023)...22
SECTION H - Special Contract Requirements
1. HUMAN SUBJECTS
2. ACKNOWLEDGEMENT OF FEDERAL FUNDING
3. DISSEMINATION OF FALSE OR DELIBERATELY MISLEADING INFORMATION
4. RESTRICTION ON PORNOGRAPHY ON COMPUTER NETWORKS
5. GUN CONTROL
6. OPTION PROVISION
7. HHS SECURITY AND PRIVACY LANGUAGE FOR INFORMATION AND IT PROCUREMENTS
8. COMMUNICATIONS MATERIALS AND SERVICES
9. STORAGE FACILITY REQUIREMENTS AND CERTIFICATION
10. ACCESS TO NATIONAL INSTITUTES OF HEALTH (NIH) ELECTRONIC MAIL
11. CONFIDENTIALITY OF INFORMATION
12. REPORTING MATTERS INVOLVING FRAUD, WASTE AND ABUSE
13. HOTEL AND MOTEL FIRE SAFETY ACT OF 1990 (P.L. 101-391)
14. USE OF FUNDS FOR CONFERENCES, MEETINGS AND FOOD
15. HHSAR 352.239-73 Electronic Information and Technology Accessibility Notice (December 2015)
SECTION I - Contract Clauses
1. General Clauses for a Cost-Reimbursement Service Contract
2. Authorized Substitutions of Clauses
3. Additional Contract Clauses
4. Additional FAR Contract Clauses Included in Full Text
SECTION J - List of Documents, Exhibits and Other Attachments
1. Statement of Work
2. Invoice/Financing Request and Contract Financial Reporting Instructions for NIH Cost- Reimbursement Type Contracts, NIH(RC)-4
3. ELECTRONIC INVOICING INSTRUCTIONS FOR NIH CONTRACTORS/VENDORS
4. Disclosure of Lobbying Activities, SF-LLL
5. Commitment To Protect Non-Public Information
6. Roster of Employees Requiring Suitability Investigations
7. Employee Separation Checklist
8. Breakdown of Proposed Estimated Costs (plus fee) w/ Excel Spreadsheet
9. Certificate of Current Cost or Pricing Data
10. HHS Section 508 Product Assessment Template
11. Offeror's Points of Contact
12. Packaging and Delivery of Proposals - NIH electronic Contract Proposal Submission (eCPS) Website
13. Proposal Intent Response Sheet
14. Proposal Summary and Data Record, NIH-2043
15. Summary of Related Activities
SECTION K - Representations, Certifications, and Other Statements of Bidders SECTION L - Instructions,Conditions, and Notices to Bidders SECTION M - Evaluation Factors for Award
SECTION B - Supplies or Services/Prices
1. BRIEF DESCRIPTION OF SUPPLIES OR SERVICES
The contractor for this effort will provide the management, editing, development, and publication of Alcohol Research: Current Reviews (ARCR). NIAAA publishes ARCR, an online open access, peer-reviewed journal that is composed of review articles on alcohol research topics. Areas of interest include the effects of alcohol across the lifespan on health, function, and wellbeing in addition to prevention, diagnosis, and treatment of alcohol misuse and related consequences. Topics are approached from basic, translational, and clinical perspectives. Reviews are written in a style accessible to scientists, clinicians, and trainees with varying specialties and degrees of expertise in the alcohol field.
2. PRICES/COSTS
The final contract will contain the price/cost provisions agreed upon by the Government and the Offeror.
3. ESTIMATED COST - OPTION
a. The estimated cost of the Base Period of this contract is $ _____________ .
b. The fixed fee for the Base Period of this contract is $ ____________. Payment shall be subject to the withholding provisions of the clauses ALLOWABLE COST AND PAYMENT and FIXED FEE referenced in the General Clause Listing in Part II, ARTICLE I.1. of this contract.
c. The total estimated amount of the contract, represented by the sum of the estimated cost plus the fixed fee for the Base Period is $___________.
d. If the Government exercises its option pursuant to the OPTION PROVISION Article in SECTION H of this contract, the Government's total estimated contract amount represented by the sum of the estimated cost plus the fixed fee will be increased as follows:
Estimated Cost ($)
Fixed Fee
Estimated Cost Plus Fixed Fee
Base period -- (Est. 03/10/2025- 03/09/2026) Option Period 1 -- (Est. 03/10/2026 - 03/09/2027)
Option Period 2 -- (Est. 03/10/2027 - 03/09/2028)
Option Period 3 -- (Est. 03/10/2028 - 03/09/2029)
Option Period 4 -- (Est. 03/10/2029 - 03/09/2030)
Option to Extend Services (up to 6 months) (Est. 03/10/2030 - 09/10/2030)
Total [Base Period and Option(s)]
4. PROVISIONS APPLICABLE TO DIRECT COSTS
This article will prohibit or restrict the use of contract funds, unless otherwise approved by the Contracting Officer. The following is a list of items that may be included in the resultant contract as applicable. 1) Conferences & Meetings, 2) Food for Meals, Light Refreshments & Beverages, 3) Promotional Items, 4) Acquisition, by purchase or lease, of any interest in real property; 5) Special rearrangement or alteration of facilities; 6) Purchase or lease of any item of general purpose office furniture or office equipment regardless of dollar value; 7) Travel Costs including Foreign Travel; 8) Consultant Costs; 9) Subcontract Costs; 10) Patient Care Costs; 11) Accountable Government Property;
12) Printing costs; and 13) Research Funding.
5. ADVANCE UNDERSTANDINGS
Specific elements of cost, which normally require prior written approval of the Contracting Officer before incurrence of the cost (e.g., foreign travel, consultant fees, subcontracts) will be included in this Article if the Contracting Officer has granted his/her approval prior to contract award.
SECTION C - Description/Specifications
DESCRIPTION-/SPECIFICATION-/WORKSTATEMENT-/STATEMENT OF WORK
Independently and not as an agent of the Government, the Contractor shall be required to furnish all the necessary services, qualified personnel, material, equipment, and facilities, not otherwise provided by the Government, as needed to perform the Statement of Work, dated August 30, 2024 , attached hereto and made a part of this Solicitation (See SECTION J - List of Attachments).
1. REPORTING REQUIREMENTS
All reports required herein shall be submitted in electronic format. In addition, each report shall be submitted to the Contracting Officer.
All electronic reports submitted shall be compliant with Section 508 of the Rehabilitation Act of 1973.
Additional information about testing documents for Section 508 compliance, including guidance and specific checklists, by application, can be found at: http://www.hhs.gov/web/508/index.html under "Making Files Accessible."
2. Technical Progress Reports
In addition to the required reports set forth elsewhere in this Schedule, the preparation and submission of regularly recurring Technical Progress Reports will be required in any contract resulting from this solicitation. These reports will require descriptive information about the activities undertaken during the reporting period and will require information about planned activities for future reporting periods. The frequency and specific content of these reports will be determined prior to contract award. [Note: Beginning May 25, 2008, the Contractor shall include the applicable PubMed Central or NIH Manuscript Submission reference number when citing publications that arise from its NIH funded research.]
For proposal preparation purposes only, it is estimated that in addition to the required electronic version(s) hard copies of these reports will be required as follows:
[X] Monthly
[ ] Quarterly
[ ] Semi-Annually
[ ] Annually
[ ] Annually (with a requirement for a Draft Annual Report)
[ ] Final - Upon final completion of the contract
[ ] Final - Upon final completion of the contract (with a requirement for a Draft Final Report)
3. Monthly Financial Report On a monthly basis, provide the COR with the Monthly Financial Report. The Monthly Financial Report shall include an itemized invoice detailing total monthly spending against the remaining budget for the contract year; forecasted hours, actual hours, and variance by month up to the previous month; forecasted costs and actual costs including approved amount, amount expended, amount remaining, and percentage expended; summary of travel expenses applicable) including rate per hour and monthly hours worked each month.
Also, subject to the COR's guidance/request, the Contractor will provide additional detailed information in the Monthly Financial Report, such as:
- Detailed hour/cost data for more specific article productions steps
- Hour/cost data for ad hoc and large projects to fully track the budget
- Other detailed information upon COR's request.
4. Other Reports/Deliverables
a. Reporting of Financial Conflict of Interest (FCOI) All reports and documentation required by 45 CFR Part 94, Responsible Prospective Contractors including, but not limited to, the New FCOI Report, Annual FCOI Report, Revised FCOI Report, and the Mitigation Report, shall be submitted to the Contracting Officer in [Electronic/Hard Copy] format. Thereafter, reports shall be due in accordance with the regulatory compliance requirements in 45 CFR Part 94. 45 CFR Part 94 is available at: https://www.ecfr.gov/current/title-45/part-94.
See Part 94.5, Responsibilities of Institutions regarding Investigator financial conflicts of interest for complete information on reporting requirements.
(Reference the INSTITUTIONAL RESPONSIBILITY REGARDING INVESTIGATOR FINANCIAL CONFLICTS OF INTEREST Article in SECTION H of this contract.)
b. Section 508 Annual Report The Contractor must submit an annual Section 508 report in accordance with the schedule set forth by the Contracting Officer (CO)/Contracting Officer's Representative (COR). The Section 508 Report Template and Instructions for completing the report are available at:
https://www.hhs.gov/sites/default/files/web/508/contracting/technology/section_508_annual _report.doc.
c. Other Reports/Deliverables Please refer to Section F.2 Deliveries, the Technical Reports Delivery and Distribution Schedule to see the full list.
SECTION D - Packaging and Marking
A. PACKAGING, MARKING, AND SHIPPING
All deliverables required under this contract shall be packaged, marked and shipped in accordance with Government specifications. At a minimum, all deliverables shall be marked with the contract number and Contractor name. The Contractor shall guarantee that all required materials shall be delivered in immediate usable and acceptable condition.
SECTION E - Inspection and Acceptance
1. The Contracting Officer or the duly authorized representative will perform inspection and acceptance of materials and services to be provided.
2. For the purpose of this SECTION, TBD is the authorized representative of the Contracting Officer.
3. Inspection and acceptance will be performed at:
National Institutes of Health National Institute on Alcohol Abuse and Alcoholism Bethesda, MD 20892
Acceptance may be presumed unless otherwise indicated in writing by the Contracting Officer or the duly authorized representative within 30 days of receipt.
4. This contract incorporates the following clause by reference, with the same force and effect as if it were given in full text. Upon request, the Contracting Officer will make its full text available.
FAR Clause 52.246-5, Inspection of Services - Cost-Reimbursement (April 1984).
SECTION F - Deliveries or Performance
1. PERIOD OF PERFORMANCE
a. The anticipated period of performance of this contract shall be from March 10, 2025 through March 09, 2026 .
b. If the Government exercises its option(s) pursuant to the OPTION PROVISION Article in Section H of this contract, the period of performance will be increased as listed below:
Option Estimated Option Period of Performance Option Period 1 March 10, 2026 - March 09, 2027 Option Period 2 March 10, 2027 - March 09, 2028 Option Period 3 March 10, 2028 - March 09, 2029 Option Period 4 March 10, 2029 - March 09, 2030 Option to Extend Services (up to 6 months) March 10, 2030 - September 10, 2030
2. DELIVERIES
Satisfactory performance of the final contract shall be deemed to occur upon performance of the work described in the Statement of Work Article in SECTION C of this contract and upon delivery and acceptance by the Contracting Officer, or the duly authorized representative, of the following items in accordance with the stated delivery schedule:
a. The items specified below as described in the REPORTING REQUIREMENTS Article in SECTION C of this contract will be required to be delivered F.o.b. Destination as set forth in FAR 52.247- 35, F.o.b. DESTINATION, WITHIN CONSIGNEES PREMISES (APRIL 1984), and in accordance with and by the date(s) specified below and any specifications stated in SECTION D, PACKAGING, MARKING AND SHIPPING, of this contract:
Technical Reports Delivery and Distribution Schedule:
Item Type of Deliverable RFP/Contract Reference Due Date Recipients
(1) Project Management Plan
Sections 3.1.1.c and 3.13.a of the
SOW
Draft within 5 days of the effective date of the contract and updated within 7 days after relevant changes
Electronic Copy to the CO and
COR
(2) Project/Program Management Milestone Report
Section 3.1.2.g of the SOW
First regularly scheduled meeting scheduled meeting of each month with the COR and
Electronic copy to COR and
Item Type of Deliverable RFP/Contract Reference Due Date Recipients
Task Leaders Task Leaders
(3) Honoraria Section 3.1.3.d of the SOW
As requested, and within provided deadlines
Electronic copy to CO and COR
(4) EAB Roster, Term Tracking, and Nominations
Sections 3.1.3.b and e of the SOW
As requested, and within provided deadlines
Electronic copy to COR and Task Leaders
(5) Manuscript Concept Development and Tracking
Section 3.2.a of the SOW
As requested, and within provided deadlines
Electronic copy to COR and Task Leaders
(6) Author and Reviewer Biographical Information
Section 3.2.b of the SOW
As requested, and within provided deadlines
Electronic copy to COR and Task Leaders
(7) Journal Management Software
Section 3.2.d of the SOW
As requested, and within provided deadlines
COR and Task Leaders
(8) Spreadsheet or List of Invited Authors and Reviewers
Section 3.2.e of the SOW
Initial list developed within 30 days of the effective date of the contract; additional information added within two business days after it¿s available
Electronic copy to COR and Task Leaders
(9) Sortable Spreadsheet or List of all Article Topics
Section 3.2.f of the SOW
Initial list developed within 30 days of the effective date of the contract; additional information added within two business days after it¿s available
Electronic copy to COR and Task Leaders
(10) Manuscript Editing, Copyediting, and Proofreading
Section 3.3 of the SOW
As requested, and within provided deadlines
Electronic copy to COR and Task Leaders
(11) Online Journal Section 3.3.c of As requested, and within Electronic
Reference Due Date Recipients
Content the SOW provided deadlines copy to COR and Task Leaders
(12) Article Proofs and Publication-Ready Files
Section 3.4 of the SOW
As requested, and within provided deadlines
Electronic copy of proofs to COR and Task Leaders
(13) Biannual Analytics Report
Section 3.5.b and 3.10.c of the
SOW
Within provided deadlines, two (2) times a year
Electronic copy to COR and Task Leaders
(14) Promotional/ Marketing Content
Section 3.6 of the SOW
As requested, and within provided deadlines
Electronic copy to COR and Task Leaders
(15) Marketing and Outreach Plan
Section 3.6.b and c of the SOW
As requested, and within provided deadlines
Electronic copy to COR and Task Leaders
(16) Journal and Website Content
Section 3.3.c and Section 3.7.1.a of the SOW
As requested, and within provided deadlines
Electronic copy to COR and Task Leaders
(17) Graphics and Photographs
Section 3.7.2.g of the SOW
As requested, and within provided deadlines
Electronic copy to COR and Task Leaders
(18) ARCR Website Design Mock-Ups
Section 3.7.2.h of the SOW
As requested, and within provided deadlines
Electronic copy to COR and Task Leaders
(19) Monthly Project Section 3.10.a of Fifth day of each month (or Electronic
Reference Due Date Recipients
Status Report the SOW next business day if falling on a weekend/holiday), starting after the first full month of the contract copy to CO and COR
(20) Monthly Financial Report
Section 3.10.b of the SOW
Fifth day of each month (or next business day if falling on a weekend/holiday), starting after the first full month of the contract
Electronic copy to CO and COR
(21) Supplemental Accessibility Conformance Report
Section 3.11 of the SOW
When testing to validate conformance to the Revised Section 508 accessibility requirements are required as stipulated by the SOW
Electronic copies to CO and
COR
(22) Accessibility Conformance Report
Section 3.11.2 of the SOW
Upon completion of each ICT item as stipulated by the SOW
Electronic copies to CO and
COR
(23) Contract Initiation Meeting Agenda Input
Section 3.13.a of the SOW Five days prior to the meeting
Electronic copies to the CO and
COR
(24) Contract Initiation Meeting
Section 3.13.a of the SOW
Within 21 days after the effective date of the contract
CO, COR,
Task Leaders, and other
NIAAA
personnel
(25) Contract Initiation Meeting Minutes
Section 3.13.a of the SOW
Within two business days after the meeting
Electronic copies to
CO, COR,
and Task Leaders
(26) Roster of All Project Staff
Section 3.13.a of
SOW
Within 5 days of the effective date of the contract or within 5 business days of staff changes
Electronic copies to CO and
COR
(27) Meeting Agendas Section 3.13.b.i and Section 3.13.b.ii of SOW
Within one business day before each meeting
Electronic copies to COR and Task
Reference Due Date Recipients
Leaders (as applicable)
(28) Meeting Minutes Section 3.13.b.i and Section 3.13.b.ii of SOW
Within one business day after each meeting
Electronic copies to COR and Task Leaders (as applicable)
(29) Draft Transition Plan Section 3.14.b of the SOW
Two months before the end of the contract
Electronic copy to COR and Task Leaders
(30) Final Transition Plan Section 3.14.b of the SOW
One month before the end of the contract
Electronic copy to
CO, COR,
and Task Leaders
b. The above items shall be addressed and delivered to:
Addressee Deliverable Item No Quantity TBD at Time of Award
3. 1. - CLAUSES INCORPORATED BY REFERENCE, FAR 52.252-2 (FEBRUARY 1998)
This contract incorporates the following clause(s) by reference, with the same force and effect as if it were given in full text. Upon request, the Contracting Officer will make its full text available. Also, the full text of a clause may be accessed electronically at this address:
https://www.acquisition.gov/?q=browserfar.
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSE:
52.242-15, Stop Work Order (August 1989) Alternate I (April 1984) is applicable to this contract.
52.247-35, F.O.B. Destination Within Consignees Premises (April 1984).
SECTION G - Contract Administration Data
1. CONTRACTING OFFICER REPRESENTATIVE (COR)
The following Contracting Officer Representative (COR) will represent the Government for the purpose of this contract: [To be Determined at Contract Award]
The COR is responsible for: (1) monitoring the Contractor's technical progress, including the surveillance and assessment of performance and recommending to the Contracting Officer changes in requirements; (2) interpreting the statement of work and any other technical performance requirements; (3) performing technical evaluation as required; (4) performing technical inspections and acceptances required by this contract; and (5) assisting in the resolution of technical problems encountered during performance.
[The alternate COR is responsible for carrying out the duties of the COR only in the event that the COR can no longer perform his/her duties as assigned.]
The Contracting Officer is the only person with authority to act as agent of the Government under this contract. Only the Contracting Officer has authority to: (1) direct or negotiate any changes in the statement of work; (2) modify or extend the period of performance; (3) change the delivery schedule;
(4) authorize reimbursement to the Contractor for any costs incurred during the performance of this contract; (5) otherwise change any terms and conditions of this contract; or (6) sign written licensing agreements. Any signed agreement shall be incorporated by reference in Section K of the contract
The Government may unilaterally change its COR designation.
2. INVOICE SUBMISSION/CONTRACT FINANCING REQUEST AND CONTRACT FINANCIAL
REPORT
a. Invoice Submission/Contract Financing Request, NIH(RC)-4 for NIH Cost-Reimbursement Type Contracts are attached and made part of this contract. The Contractor shall follow the attached instructions and submission procedures specified below to meet the requirements of a "proper invoice" pursuant to FAR Subpart 32.9, Prompt Payment.
1. The Contractor must submit invoices to the Department of Treasury's Invoice Processing Platform (IPP) at https://www.ipp.gov with a copy of the invoice to the approving official, as directed below.
2. The Contractor must submit invoice PDFs that are searchable (i.e., being able to use the Search/Find PDF function to identify specific words and numbers in the pdf document).
3. CONTRACT FINANCIAL REPORT
a. Financial reports on the attached Form NIH 2706, Financial Report of Individual Project/Contract, shall be submitted by the Contractor in accordance with the Instructions for Completing Form NIH 2706, which accompany the form, in an original and two copies, not later than the 30th working day after the close of the reporting period. The line entries for subdivisions of work and elements of cost (expenditure categories) which shall be reported within the total contract are listed in paragraph e., below. Subsequent changes and/or additions in the line entries shall be made in writing.
b. Unless otherwise stated in that part of the Instructions for Completing Form NIH 2706, entitled " PREPARATION INSTRUCTIONS ," all columns A through J, shall be completed for each report submitted.
c. The first financial report shall cover the period consisting of the first full [Calendar Month/Three Calendar Months] following the date of the contract, in addition to any fractional part of the initial month. Thereafter, reports will be on a [Monthly/Quarterly] basis.
d. The Contracting Officer may require the Contractor to submit detailed support for costs contained in one or more interim financial reports. This clause does not supersede the record retention requirements in FAR Part 4.7.
e. The following is a listing of expenditure categories to be reported:
Expenditure Category A Percentage of Effort/Hours
(1) Direct Labor
(a) Principal Investigator
(b) Co-Principal Investigator
(c) Key Personnel
(i)
(ii)
(iii)
(2) Other Professional Personnel
(3) Personnel - Other
(4) Fringe Benefits
(5) Accountable Personal Property
(6) Materials/Supplies
(7) Patient Care Costs
(8) Travel
(9) Consultant Costs
(10) Premium Pay
(11) Computer Costs
(12) Subcontract Costs
(13) Other Direct Costs
(14) Indirect Costs
(15) G&A Expense
(16) Total Cost
(17) Fee
(18) Total Cost Plus Fixed Fee
f. The Government may unilaterally revise the NIH 2706 to reflect the allotment of additional funds.
4. INDIRECT COST RATES
In accordance with Federal Acquisition Regulation (FAR) (48 CFR Chapter 1) Clause 52.216-7 (d)(2), Allowable Cost and Payment incorporated by reference in this contract in PART II, SECTION I, the cognizant Contracting Officer Representative responsible for negotiating provisional and/or final indirect cost rates is identified as follows:
Director, Division of Financial Advisory Services Office of Acquisition Management and Policy National Institutes of Health
6011 EXECUTIVE BLVD, ROOM 549C, MSC-7663
BETHESDA MD 20892-7663
These rates are hereby incorporated without further action of the Contracting Officer. Go to the Indirect Cost Submission web page: https://oamp.od.nih.gov/division-of-financial-advisory-services/indirect-cost-branch/indirect-cost-submission for electronic copies of the Branch's information package documents.
5. POST AWARD EVALUATION OF CONTRACTOR PERFORMANCE
a. Contractor Performance Evaluations
Interim and Final evaluations of Contractor performance will be prepared on this contract in accordance with FAR Subpart 42.15. The Final performance evaluation will be prepared at the time of completion of work. In addition to the Final evaluation, Interim evaluation(s) will be prepared Annually as follows on [Insert Dates].
Interim and Final evaluations will be provided to the Contractor as soon as practicable after completion of the evaluation. The Contractor will be permitted sixty days to review the document and to submit additional information or a rebutting statement. If agreement cannot be reached between the parties, the matter will be referred to an individual one level above the Contracting Officer, whose decision will be final.
Copies of the evaluations, Contractor responses, and review comments, if any, will be retained as part of the contract file, and may be used to support future award decisions.
b. Electronic Access to Contractor Performance Evaluations
Contractors may access evaluations through a secure Web site for review and comment at the following address:
https://www.cpars.gov.
End of clause.
6. GOVERNMENT PROPERTY
If this RFP will result in the acquisition or use of Government Property provided by the contracting agency or if the Contracting Officer authorizes in the preaward negotiation process, the acquisition of property (other than real property), this ARTICLE will include applicable provisions and incorporate the HHS Publication, entitled, 'HHS Contracting Guide for Contract of Government Property,' Appendix Q, which can be found at:
https://oamp.od.nih.gov/sites/default/files/DGS/HHS%20Contracting%20Guide%20for%20Contract%2 0of%20Government%20Property-Appendix%20Q.pdf
7. - Key Personnel, HHSAR 352.237-75 (December 2015)
The key personnel specified in this contract are considered to be essential to work performance. At least 30 days prior to the contractor voluntarily diverting any of the specified individuals to other programs or contracts the Contractor shall notify the Contracting Officer and shall submit a justification for the diversion or replacement and a request to replace the individual. The request must identify the proposed replacement and provide an explanation of how the replacement's skills, experience, and credentials meet or exceed the requirements of the contract (including, when applicable, Human Subject Testing requirements). If the employee of the contractor is terminated for cause or separates from the contractor voluntarily with less than thirty days notice, the Contractor shall provide the maximum notice practicable under the circumstances. The Contractor shall not divert, replace, or announce any such change to key personnel without the written consent of the Contracting Officer.
The contract will be modified to add or delete key personnel as necessary to reflect the agreement of the parties.
(End of Clause)
The following individual(s) is/are considered to be essential to the work being performed hereunder:
NAME TITLE
TO BE SPECIFIED PRIOR TO AWARD Senior Science Editor TO BE SPECIFIED PRIOR TO AWARD Managing Editor TO BE SPECIFIED PRIOR TO AWARD Associate Managing Editor TO BE SPECIFIED PRIOR TO AWARD Lead Copy Editor/Science Writer
8. FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors.
(MAR 2023)
(a)(1) In accordance with 31 U.S.C. 3903 and 10 U.S.C. 3801, within 15 days after 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.
(2) The Contractor agrees to make such payments to its small business subcontractors without any further consideration from or fees charged to the subcontractor.
(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.
(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial products or commercial services.
(End of clause)
SECTION H - Special Contract Requirements
1. HUMAN SUBJECTS
It is hereby understood and agreed that research involving human subjects shall not be conducted under this contract, and that no material developed, modified, or delivered by or to the Government under this contract, or any subsequent modification of such material, will be used by the Contractor or made available by the Contractor for use by anyone other than the Government, for experimental or therapeutic use involving humans without the prior written approval of the Contracting Officer.
2. ACKNOWLEDGEMENT OF FEDERAL FUNDING
The Contractor shall clearly state, when issuing statements, press releases, requests for proposals, bid solicitations and other documents describing projects or programs funded in whole or in part with Federal money: (1) the percentage of the total costs of the program or project which will be financed with Federal money; (2) the dollar amount of Federal funds for the project or program; and (3) the percentage and dollar amount of the total costs of the project or program that will be financed by nongovernmental sources.
3. DISSEMINATION OF FALSE OR DELIBERATELY MISLEADING INFORMATION
The Contractor shall not use contract funds to disseminate information that is deliberately false or misleading.
4. RESTRICTION ON PORNOGRAPHY ON COMPUTER NETWORKS
The Contractor shall not use contract funds to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography.
5. GUN CONTROL
The Contractor shall not use contract funds in whole or in part, to advocate or promote gun control.
6. OPTION PROVISION
Unless the Government exercises its option pursuant to the Option Clause set forth in SECTION I., the contract will consist only of the Base Period of the Statement of Work as defined in Sections C and F of the contract. Pursuant to [FAR Clause 52.217-6, Option for Increased Quantity/FAR Clause 52.217-7, Option for Increased Quantity-Separately Priced Line Item/FAR Clause 52.217-8, Option to Extend Services/FAR Clause 52.217-9, Option to Extend the Term of the Contract] set forth in SECTION I. of this contract, the Government may, by unilateral contract modification, require the Contractor to perform additional options set forth in the Statement of Work and also defined in Sections C and F of the contract. If the Government exercises this option, notice must be given at least 60 days prior to the expiration date of this contract, and the [Use for Cost-Reimbursement Contracts: estimated cost (plus fixed fee) of the contract will be increased as set forth in the ESTIMATED COST (PLUS FIXED FEE)/ Use for Fixed-Price Contracts: price of the contract will be increased as set forth in the OPTION PRICES] Article in SECTION B of this contract.
7. HHS SECURITY AND PRIVACY LANGUAGE FOR INFORMATION AND IT
PROCUREMENTS
A. INFORMATION SECURITY AND/OR PHYSICAL ACCESS SECURITY
A. Baseline Security Requirements
1. Applicability. The requirements herein apply whether the entire contract or order (hereafter 'contract'), or portion thereof, includes either or both of the following:
i. Access (Physical or Logical) to Government Information: A Contractor (and/or any subcontractor) employee will have or will be given the ability to have, routine physical (entry) or logical (electronic) access to government information.
ii. Operate a Federal System Containing Information: A Contractor (and/or any subcontractor) will operate a federal system and technology containing data that supports the HHS mission. In addition to the Federal Acquisition Regulation (FAR) Subpart 2.1 definition of 'information technology' (IT), the term as used in this section includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources.
2. Safeguarding Information and Information Systems. All government information and information systems must be protected in accordance with HHS/NIH policies and level of risk.
At a minimum, the Contractor (and/or any subcontractor) must:
i. Protect the:
• Confidentiality, which means preserving authorized restrictions on access and disclosure, based on the security terms found in this contract, including means for protecting personal privacy and proprietary information;
• Integrity, which means guarding against improper information modification or destruction, and ensuring information non-repudiation and authenticity; and
• Availability, which means ensuring timely and reliable access to and use of information.
ii. Categorize all information owned and/or collected/managed on behalf of HHS/NIH and information systems that store, process, and/or transmit HHS information in accordance with FIPS 199 and National Institute of Standards and Technology (NIST) Special Publication (SP) 800-60, Volume II: Appendices to Guide for Mapping Types of Information and Information Systems to Security Categories . Based on information provided by the ISSO, CISO, OpDiv SOP, or other representative, the impact level for each Security Objective (Confidentiality, Integrity, and Availability) and the Overall Impact Level, which is the highest watermark of the three factors of the information or information system are the following:
• Confidentiality :X Low [ ] Moderate [ ] High
• Integrity: [ ] Low X Moderate [ ] High
• Availability: X Low [ ] Moderate [ ] High
• Overall Risk Level:[ ] Low X Moderate [ ] High
iii. Based on the agreed-upon level of impact, implement the necessary safeguards to protect all information systems and information collected and/or managed on behalf of HHS/NIH regardless of location or purpose.
iv. Report any discovered or unanticipated threats or hazards by either the agency or contractor, or if existing safeguards have ceased to function immediately after discovery, within one (1) hour or less, to the government representative(s).
v. Adopt and implement all applicable policies, procedures, controls, and standards required by the HHS/NIH Information Security Program to ensure the confidentiality, integrity, and availability of government information and government information systems for which the Contractor is responsible under this contract or to which the Contractor may otherwise have access under this contract. Obtain all applicable security and privacy policies by contacting the CO/COR or HHS/NIH security and/or privacy officials.
3. Privacy Act. Comply with the Privacy Act requirements (when applicable), and tailor FAR and HHSAR clauses as needed.
4. Privacy Compliance. Comply with the E-Government Act of 2002, NIST SP 800-53, and applicable HHS/OpDiv privacy policies, and complete all the requirements below:
i. Per the Office of Management and Budget (OMB) Circular A-130, Personally Identifiable Information (PII), is 'information that can be used to distinguish or trace an individual's identity, either alone or when combined with other information that is linked or linkable to a specific individual.' Examples of PII include, but are not limited to the following: Social Security number, date and place of birth, mother's maiden name, biometric records, etc.
ii. Based on information provided by the ISSO, system/ data owner, or other security or privacy representative, it has been determined that this solicitation/ contract involves:
[X] No PII [ ] PII
A. The Contractor must support the agency with conducting a Privacy Threshold Analysis ( PTA) for the information system and/ or information handled under this contract to determine whether or not a full Privacy Impact Assessment ( PIA) needs to be completed.
• If the results of the PTA show that a full PIA is needed, the Contractor must support the agency with completing a PIA for the system or information within 60 days after completion of the PTA and in accordance with HHS policy and OMB M-03-22, Guidance for Implementing the Privacy Provisions of the E- Government Act of 2002.
• The Contractor must support the agency in reviewing the PIA at least every three years throughout the system development lifecycle (SDLC)/information lifecycle, or when determined by the agency that a review is required based on a major change to the system, or when new types of PII are collected that introduces new or increased privacy risks, whichever comes first.
5. Controlled Unclassified Information (CUI). Executive Order 13556 defines CUI as 'information that laws, regulations, or Government-wide policies require to have safeguarding or dissemination controls, excluding classified information.' The Contractor (and/or any subcontractor) must comply with Executive Order 13556, Controlled Unclassified Information, (implemented at 3 CFR, part 2002) when handling CUI. 32 C.F.R. 2002.4(aa) As implemented the term ' handling ' refers to '...any use of CUI, including but not limited to marking, safeguarding, transporting, disseminating, re-using, and disposing of the information.' 81 Fed. Reg. 63323.
The requirements below apply only to nonfederal systems that process, store, or transmit CUI, or that provide security protection for such components. All sensitive information that has been identified as CUI by a regulation or statute, handled by this solicitation/contract, must be:
i. Marked appropriately;
ii. Disclosed to authorized personnel on a Need-To-Know basis;
iii. Protected in accordance with NIST SP 800-53, Security and Privacy Controls for Information Systems and Organizations applicable baseline if handled by a Contractor system operated on behalf of the agency, or NIST SP 800-171, Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations if handled by internal Contractor system; and
iv. Returned to HHS control, destroyed when no longer needed, or held until otherwise directed. Information and/or data must be disposed of in accordance with NIST SP 800- 88, Guidelines for Media Sanitization .
6. Protection of Sensitive Information. For security purposes, information is or may be sensitive because it requires security to protect its confidentiality, integrity, and/or availability.
The Contractor (and/or any subcontractor) must protect all government information that is or may be sensitive by securing it with a solution that is validated with current FIPS 140 validation certificate from the NIST CMVP.
7. Confidentiality and Nondisclosure of Information. Any information provided to the contractor (and/or any subcontractor) by HHS or collected by the contractor on behalf of HHS must be used only for the purpose of carrying out the provisions of this contract and must not be disclosed or made known in any manner to any persons except as may be necessary in the performance of the contract. The Contractor assumes responsibility for protection of the confidentiality of Government records and must ensure that all work performed by its employees and subcontractors must be under the supervision of the Contractor. Each Contractor employee or any of its subcontractors to whom any HHS records may be made available or disclosed must be notified in writing by the Contractor that information disclosed to such employee or subcontractor can be used only for that purpose and to the extent authorized herein.
The confidentiality, integrity, and availability of such information must be protected in accordance with HHS and NIH policies. Unauthorized disclosure of information will be subject to the HHS/NIH sanction policies and/or governed by the following laws and regulations:
i. 18 U.S.C. 641 (Criminal Code: Public Money, Property or Records);
ii. 18 U.S.C. 1905 (Criminal Code: Disclosure of Confidential Information); and
iii. 44 U.S.C. Chapter 35, Subchapter I (Paperwork Reduction Act).
8. Internet Protocol Version 6 (IPv6). All procurements using Internet Protocol must comply with OMB Memorandum M-05-22, Transition Planning for Internet Protocol Version 6 (IPv6).
9. Information and Communications Technology (ICT). ICT products and services from prohibited entities/sources must not be used/acquired in compliance with Public Law 115-232, Section 889 Parts A and B, FAR 4.21, FAR 52.204-23, FAR 52.204-24, and FAR 52.204-25. The contractor (and/or any subcontractor) must notify the government if they identify prohibited ICT products and/or services are used during the contract performance.
10. Government Websites. All new and existing public-facing government websites must be securely configured with Hypertext Transfer Protocol Secure (HTTPS) using the most recent version of Transport Layer Security (TLS). In addition, HTTPS must enable HTTP Strict Transport Security (HSTS) to instruct compliant browsers to assume HTTPS at all times to reduce the number of insecure redirects and protect against attacks that attempt to downgrade connections to plain HTTP. For internal-facing websites, HTTPS is not required, but it is highly recommended. Consult the HHS Policy for Internet and Email Security for additional information.
11. Contract Documentation. The Contractor must use provided templates, policies, forms and other agency documents. NIH will specify which documents/forms will be provided to comply with contract deliverables as appropriate.
12. Standard for Encryption. The Contractor (and/or any subcontractor) must:
i. Comply with the HHS Standard for Encryption of Computing Devices and Information to prevent unauthorized access to government information.
ii. Encrypt all sensitive federal data and information (i.e., PII, protected health information [PHI], proprietary information, etc.) in transit (i.e., email, network connections, etc.) and at rest (i.e., servers, storage devices, mobile devices, backup media, etc.) with encryption solution that is validated with current FIPS 140 validation certificate from the NIST CMVP.
iii. Secure all devices (i.e.: desktops, laptops, mobile devices, etc.) that store and process government information and ensure devices meet HHS and NIH-specific encryption standard requirements. Maintain a complete and current inventory of all laptop computers, desktop computers, and other mobile devices and portable media that store or process sensitive government information (including PII).
iv. Verify that the encryption solutions in use have been validated under the Cryptographic Module Validation Program to confirm compliance with current FIPS 140 validation certificate from the NIST CMVP. The Contractor must provide a written copy of the validation documentation to the COR within 15 days of the validation.
v. Use the Key Management system on the HHS personal identification verification (PIV) card or establish and use a key recovery mechanism to ensure the ability for authorized personnel to encrypt/decrypt information and recover encryption keys https://csrc.nist.gov/publications/ . Encryption keys must be provided to the COR upon request and at the conclusion of the contract.
13. Contractor Non-Disclosure Agreement (NDA). Each Contractor (and/or any subcontractor) employee having access to non-public government information under this contract must complete the OpDiv non-disclosure agreement, https://ocio.nih.gov/aboutus/publicinfosecurity/acquisition/Documents/Nondisclosure.pdf , as applicable. Contractors (and/or subcontractors) must submit a copy of each signed and witnessed NDA to the Contracting Officer (CO) and/or CO Representative (COR) prior to performing any work under this acquisition.
B. Training Requirements
1. Mandatory Training for All Contractor Staff. All Contractor (and/or any subcontractor) employees assigned to work on this contract shall complete the applicable HHS/NIH Contractor Information Security Awareness, Privacy, and Records Management training course at https://irtsectraining.nih.gov/default.aspx before performing any work under this contract.
Thereafter, the employees shall complete NIH Information Security Awareness, Privacy, and Records Management training at least annually, during the life of this contract. All provided training shall be compliant with HHS training policies.
2. Role-based Training. All Contractor (and/or any subcontractor) employees with significant security responsibilities (as determined by the program manager) must complete role- based training annually commensurate with their role and responsibilities in accordance with HHS policy and the HHS Role- Based Training (RBT) of Personnel with Significant Security Responsibilities Memorandum. Read further guidance about the NIH Role-based Training at:
https://www.hhs.gov/about/agencies/asa/ocio/cybersecurity/security-awareness-training/index.html .
3. Training Records. The Contractor (and/or any subcontractor) shall maintain training records for all its employees working under this contract in accordance with HHS policy. A copy of the training records shall be provided to the CO and/or COR within 30 days after contract award and annually thereafter or upon request.
4. Rules of Behavior
a. The Contractor (and/or any subcontractor) must ensure that all employees performing on the contract comply with the HHS Information Technology General Rules of Behavior, HHS Rules of Behavior for Privileged Users.
b. All Contractor…
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