RFQ_CSS-75N95019Q00310.pdf

COMBINED SYNOPSIS / SOLICITATION-COMPETITIVE

Title: Integrity Internet Access

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

The solicitation number is 75N95019Q00310 and the solicitation is issued as request for quotation

(RFQ).

This acquisition is for a commercial item or service and is conducted under the authority of the Federal Acquisition Regulation (FAR) Part 13—Simplified Acquisition Procedures; and FAR Part 12—Acquisition of Commercial Items and is not expected to exceed the simplified acquisition threshold.

THIS IS A NON-COMPETITIVE (NOTICE OF INTENT) COMBINED SYNOPSIS SOLICITATION

TO AWARD A CONTRACT OR PURCHASE ORDER WITHOUT PROVIDING FOR FULL OR

OPEN COMPETITION (INCLUDING BRAND-NAME).

The Office of Translational Initiatives and Program Innovations (OTIPI) is seeking to renew its Integrity Internet Access subscription from Clarivate Analytics. OTIPI used the Integrity℠ software since 2014 and completed various projects related to the SBIR/STTR Business Program and Translational Initiatives. The database is used a) to identify Pharmaceutical companies interested in investing in NIDA funded SBIR/STTR companies; b) to identify promising drugs, formulations, and models which are not currently used in the substance abuse ecosystem, and c) to identify the history of the research and development related to the specific biological target.

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2019-05 dated 08-13-2019.

The associated NAICS code 519130, Internet Publishing and Broadcasting and Web Search Portals, and the small business size standard is 1,000 employees. This requirement is not a small business set-aside.

This acquisition consists of:

Line 1 – One-year access to Integrity Internet Access Line 2 – One-year access to Integrity Biomarkers Module Line 3 – One-year access to Drug Research Advisor- Target Druggability

The period of performance shall be as follows:

- Base Period - August 28, 2019 through August 27, 2020;

- Option Period 1 – August 28, 2020 through August 27, 2021;

- Option Period 2 – August 28, 2021 through August 27, 2022;

The ultimate period of performance if all options are exercised shall be August 28, 2019 through August 27, 2022.

Delivery shall be to: Program Officer, Dr. Irina Sazonova, of OPTIPI/NIDA 6001 Executive Blvd, Rockville, Maryland 20852.

Delivery shall be completed by the effective date of order.

The provision at FAR clause 52.212-1, Instructions to Offerors – Commercial Items, applies to this acquisition.

An award will be made to the offer that is the lowest evaluated price and meets or exceeds the acceptability standards for non-price factors. The non-price factors include the demonstrated technical capability to comply with the salient characteristics, the inclusion of Options, and the Quantities as stated in the Purchase Description, as well as past performance.

The Offeror is to include a completed copy of the provision at FAR clause 52.212-3, Offeror Representations and Certifications—Commercial Items, with its offer.

The FAR clause at 52.212-4, Contract Terms and Conditions – Commercial Items, applies to this acquisition.

The FAR clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items, applies to this acquisition.

(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) FAR 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(5) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(7) 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)).

(8) FAR Subpart 17.2 Option Provisions. Specifically,

a. FAR 52.217-5, Evaluation of Options

b. FAR 52.217-8, Option to Extend Services and

c. FAR 52.217-9, Option to Extend the Term of the Contract shall be incorporated in the contract.

(9) FAR 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN

2013)

The Contractor shall comply with the following FAR clauses:

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) 52.219-28, Post Award Small Business Program Representation (JUL 3013)

52.222-3 Convict Labor (June 2003).

52.222-19 Child Labor—Cooperation with Authorities and Remedies (Oct 2016) 52.222-21 Prohibition of Segregated Facilities (Apr 2015).

52.222-26 Equal Opportunity (Sept 2016).

52.222-36 Equal Opportunity for Workers with Disabilities (JUL 2014) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) 52.222-50 Combating Trafficking in Persons (March 2015) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) 52.225-13 Restrictions on Certain Foreign Purchases (June 2008) 52.232-33 Payment by Electronic Funds Transfer— System for Award Management (JUL 2013).

The following additional contract requirement(s) or terms and conditions as determined by the contracting officer are necessary for this acquisition and consistent with customary commercial practices.

The Defense Priorities and Allocations System (DPAS) are not applicable to this requirement.

This synopsis is not a request for competitive proposals. However, interested parties may identify their interest and capability to respond to this notice. Responses to this solicitation must include enough information to establish the interested parties’ bona-fide capabilities of providing the product or service. A determination by the Government whether to compete this proposed contract based upon responses to this notice is solely within the discretion of the Government. Information received will be considered to determine whether to proceed on a non-competitive basis as indicated above, or to conduct a competitive procurement.

The response to the combined synopsis/solicitation is due no later than August 23, 2019 at 12:30 P.M. Eastern Standard Time (EST). Quotes submitted after the deadline may not be considered.

The response must be submitted in a “read-only” electronic format to the Contract Specialist Anna Chiang at anna.chiang@nih.gov and Contracting Officer, Josh Lazarus at josh.lazarus@nih.gov.

In the response, Offerors shall cite the RFQ number 75N95019Q00310 and the name of firm in the subject line of email submittal. Fax responses will not be accepted.

In addition, the Dun & Bradstreet Number (DUNS), the Taxpayer Identification Number (TIN), and the certification of business size must be included in the response. All offerors must have an active registration in the System for Award Management (SAM) www.sam.gov.

mailto:anna.chiang@nih.gov mailto:josh.lazarus@nih.gov http://www.sam.gov/

Version 11-30-2016-1 FAR Part 11—Describing Agency Needs

PURCHASE DESCRIPTION

1. Statement of Need and Purpose

The Office of Translational Initiatives and Program Innovations (OTIPI) is seeking to renew its Integrity Internet Access subscription from Clarivate Analytics. This access supported OTIPI’s SBIR/STTR Business Program, Ladder U18 program (Value Ladder: climbing out of valley of death), and various Translational Initiatives. The SBIR/STTR Business Program utilizes the database to identify Pharmaceutical companies interested in investing in NIDA funded SBIR/STTR companies. The Translational and U18 Initiatives uses this software to identify promising drugs, formulations, and models in the development phase that are not currently used in the substance abuse ecosystem.

2. Background Information and Objective

Brief History of the Requirement In 2014, a contract for Integrity Internet Access was initially established with Thomson Reuters for a performance period of May 13, 2014 to May 12, 2015. In 2017, Clarivate Analytics was formed as a newly independent company offering Integrity Internet Access (previously provided by Thompson Reuters). Note: The initial award was competed an under the basis of an approved sole/single source justification.

The current period of performance is from August 28, 2018 – August 27, 2019. Please see a quote for the 2019-2020 period.

Importance of the Requirement Clarivate Analytics /Integrity℠ provides researchers with reliable, detailed information, across multiple disciplines to support drug research and development. The platform provides essential knowledge to empower drug discovery and development. Updated daily, its expertly refined drug information is integrated in a single, flexible resource that can help drive innovation and support earlier decision-making.

Overall Program Objectives The Office of Translational Initiatives and Program Innovations (OTIPI) used the Integrity℠ software since 2014 and completed various projects related to the SBIR/STTR Business Program and Translational Initiatives. The database was used a) to identify Pharmaceutical companies interested in investing in NIDA funded SBIR/STTR companies; b) to identify promising drugs, formulations, and models which are not currently used in the substance abuse ecosystem, and c) to identify the history of the research and development related to the specific biological target.

The Integrity software contains features that help scientists and program officials make more confident decisions based on science for a stronger likelihood of success. It also implements a repeatable, enterprise-wide process to ensure all stakeholders review the same information.

These application features are essential in evaluating the SBIR/STTR and other grant applications to determine the therapeutic applicability of finding better medications for substance abuse disorders. As OTIPI is starting a new funding opportunity initiative called “Step Up for Substance Use Disorder (SUD): Drug target initiative for rapidly advancing basic research results”, it is important to evaluate those proposals utilizing this Drug research Advisor - Target Druggability module.

3. Generic Name of Product Integrity Internet Access subscription from Clarivate Analytics

4. Type of Purchase Description Brand-name or Equal X Brand-name Specific (Item peculiar to one manufacturer) (requires a sole-single source justification). Please refer to sole-soure justification document for details.

5. Purchase Description

Integrity Internet Access with access to the Integrity Biomarkers Module subscription needs to be renewed with an additional Drug Research Advisor - Target Druggability module. Clarivate Analytics /Integrity℠ provides researchers with reliable, detailed information, across multiple disciplines to support successful drug research and development. The platform provides a quick and easy system to identify promising drugs, formulations, and models in the development phase.

It also allows OTIPI to identify Pharmaceutical companies interested in investing in NIDA funded SBIR/STTR companies. Updated daily, its expertly refined drug information is integrated in a single, flexible resource that can help to drive innovation and support earlier decision-making.

The Drug research Advisor - Target Druggability module is the only commercially available application that allows users to interactively explore, rank, and validate individual drug targets or drug target families. It enhances drug target identification research by integrating drug, biological, experimental and competitive intelligence into a single interactive search tool. It also allows for comparing potential drug targets in a single table to validate and align them. This tool allows for exploring whether there are better targets within the same pathway or target family with less competition, and ranking drug targets with an algorithm that automatically scores the best results.

6. Salient Characteristics

• A comprehensive database of refined drug development information

• An efficient system to identify promising drugs, formulations, and models in the development phase

• Includes information about similar chemical structures of alternative compounds

• Includes the most relevant animal models used within the scientific industry for a specific target

• Identifies Pharmaceutical companies interested in investing in NIDA funded SBIR/STTR companies

• Drug information is integrated in a single, flexible resource, and updated daily.

7. Quantity

This purchase seeks a subscription renewal for the following product(s):

Item Description # of

Users Integrity Internet Access 1 Integrity Biomarkers Module

Drug Research Advisor- Target Druggability Module

8. Delivery Date Delivery must be completed by the effective date of order.

9. Delivery To The delivery shall be made to the Program Officer, Dr. Irina Sazonova, of OPTIPI/NIDA.

10. Period of Performance

The period of performance shall be as follows:

- Base Perod - August 28, 2019 through August 27, 2020;

- Option Period 1 – August 28, 2020 through August 27, 2021;

- Option Period 2 – August 28, 2021 through August 27, 2022;

The ultimat period of performance if all options are exercised shall be August 28, 2019 through August 27, 2022

11. Special Conditions and Clauses The requirement shal be subject to:

1. FAR Subpart 17.2 Option Provisions. Specifically,

a. FAR 52.217-8, Option to Extend Services and

b. FAR 52.217-9, Option to Extend the Term of the Contract shall be incorporated in the contract.

2. FAR 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN

2013)

Addendum to FAR 52.212-4 Terms and Conditions – Commercial Items

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, Unauthorized Obligations, and Commercial Supplier Agreements – Unenforceable Clauses paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any commercial supplier agreements as amended by the Commercial Supplier Agreements – Unenforceable Clauses provision.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(w) Commercial supplier agreements–unenforceable clauses.

(1) Definition. For the purpose of this contract, “Commercial supplier agreements” (referred to at FAR 12.216 as “Supplier License Agreements”) means terms and conditions customarily offered to the public by vendors of supplies or services that meet the definition of “commercial item” set forth in FAR 2.101 and intended to create a binding legal obligation on the end user. Commercial supplier agreements are particularly common in information technology acquisitions, including acquisitions of commercial computer software and commercial technical data, but they may apply to any supply or service. The term applies–

(a) Regardless of the format or style of the document. For example, a commercial supplier agreement may be styled as standard terms of sale or lease, Terms of Service (TOS), End User License Agreement (EULA), or another similar legal instrument or agreement, and may be presented as part of a proposal or quotation responding to a solicitation for a contract or order;

(b) Regardless of the media or delivery mechanism used. For example, a commercial supplier agreement may be presented as one or more paper documents or may appear on a computer or other electronic device screen during a purchase, software installation, other product delivery, registration for a service, or another transaction.

Attachment 2

(2) When any supply or service acquired under this contract is subject to a commercial supplier agreement, and notwithstanding any other provision of this agreement, when the end user is an agency or instrumentality of the U.S. Government, the following language shall be deemed incorporated into the commercial supplier agreement. As used herein, “this agreement” means the commercial supplier agreement.

(i) Applicability. This agreement is a part of a contract between the commercial supplier and the U.S. Government for the acquisition of the supply or service that necessitates a license or other similar legal instrument (including all contracts, task orders, and delivery orders under FAR Part 12).

(ii) End user. This agreement shall bind the ordering activity as end user but shall not operate to bind a Government employee or person acting on behalf of the Government in his or her personal capacity.

(iii) Law and disputes. This agreement is governed by Federal law.

(A) Any language purporting to subject the U.S. Government to the laws of a U.S. state, U.S. territory, district, or municipality, or a foreign nation, except where Federal law expressly provides for the application of such laws, is hereby deleted.

(B) Any language requiring dispute resolution in a specific forum or venue that is different from that prescribed by applicable Federal law is hereby deleted.

(C) Any language prescribing a different time period for bringing an action than that prescribed by applicable Federal law in relation to a dispute is hereby deleted.

(iv) Continued performance. The supplier or licensor shall not unilaterally revoke, terminate or suspend any rights granted to the Government except as allowed by this contract. If the supplier or licensor believes the ordering activity to be in breach of the agreement, it shall pursue its rights under the Contract Disputes Act or other applicable Federal statute while continuing performance as set forth in subparagraph 52.212-4(d) (Disputes).

(v) Arbitration; equitable or injunctive relief. In the event of a claim or dispute arising under or relating to this agreement, a binding arbitration shall not be used unless specifically authorized by agency guidance, and equitable or injunctive relief, including the award of attorney fees, costs or interest, may be awarded against the U.S. Government only when explicitly provided by statute (e.g., Prompt Payment Act or Equal Access to Justice Act).

(vi) Updating terms.

(A) After award, the contractor may unilaterally revise commercial supplier agreement terms if they are not material. A material change is defined as:

(1) Terms that change Government rights or obligations;

(2) Terms that increase Government prices;

(3) Terms that decrease overall level of service; or

(4) Terms that limit any other Government right addressed elsewhere in this contract.

(B) For revisions that will materially change the terms of the contract, the revised commercial supplier agreement must be incorporated into the contract using a bilateral modification.

(C) Any agreement terms or conditions unilaterally revised subsequent to award that are inconsistent with any material term or provision of this contract shall not be enforceable against the Government, and the Government shall not be deemed to have consented to them.

(vii) No automatic renewals. If any license or service tied to periodic payment is provided under this agreement (e.g., annual software maintenance or annual lease term), such license or service shall not renew automatically upon expiration of its current term without prior express consent by an authorized Government representative.

(viii) Indemnification. Any clause of this agreement requiring the commercial supplier or licensor to defend or indemnify the end user is hereby amended to provide that the U.S.

Department of Justice has the sole right to represent the United States in any such action, in accordance with 28 U.S.C. 516.

(ix) Audits. Any clause of this agreement permitting the commercial supplier or licensor to audit the end user’s compliance with this agreement is hereby amended as follows:

(A) Discrepancies found in an audit may result in a charge by the commercial supplier or licensor to the ordering activity. Any resulting invoice must comply with the proper invoicing requirements specified in the underlying Government contract or order.

(B) This charge, if disputed by the ordering activity, will be resolved in accordance with subparagraph (d) (Disputes); no payment obligation shall arise on the part of the ordering activity until the conclusion of the dispute process.

(C) Any audit requested by the contractor will be performed at the contractor's expense, without reimbursement by the Government.

(x) Taxes or surcharges. Any taxes or surcharges which the commercial supplier or licensor seeks to pass along to the Government as end user will be governed by the terms of the underlying Government contract or order and, in any event, must be submitted to the Contracting Officer for a determination of applicability prior to invoicing unless specifically agreed to otherwise in the Government contract.

(xi) Non-assignment. This agreement may not be assigned, nor may any rights or obligations thereunder be delegated, without the Government's prior approval, except as expressly permitted under subparagraph (b) of this clause.

(xii) Confidential information. If this agreement includes a confidentiality clause, such clause is hereby amended to state that neither the agreement nor the contract price list, as applicable, shall be deemed “confidential information.” Issues regarding release of “unit pricing” will be resolved consistent with the Freedom of Information Act. Notwithstanding anything in this agreement to the contrary, the Government may retain any confidential information as required by law, regulation or its internal document retention procedures for legal, regulatory or compliance purposes; provided, however, that all such retained confidential information will continue to be subject to the confidentiality obligations of this agreement.

(3) If any language, provision, or clause of this agreement conflicts or is inconsistent with the preceding paragraph (1), the language, provisions, or clause of paragraph (1) shall prevail to the extent of such inconsistency.

(End of clause)

Invoice and Payment Provisions (2/2014) The following clause is applicable to all Purchase Orders, Task or Delivery Orders, and Blanket Purchase Agreement (BPA) Calls: Prompt Payment (Jul 2013) FAR 52.232-25. Highlights of this clause and NIH implementation requirements follow:

I Invoice Requirements A. An invoice is the Contractor's bill or written request for payment under the contract for supplies delivered or services performed. A proper invoice is an "Original" which must include the items listed in subdivisions 1 through 12, below, in addition to the requirements of FAR

32.9. If the invoice does not comply with these requirements, the Contractor will be notified of the defect within 7 days after the date the designated billing office received the invoice (3 days for meat, meat food products, or fish, and 5 days for perishable agricultural commodities, dairy products, edible fats or oils) with a statement of the reasons why it is not a proper invoice. (See exceptions under II., below.) Untimely notification will be taken into account in the computation of any interest penalty owed the Contractor.

1. Vendor/Contractor: Name, Address, Point of Contact for the invoice (Name, title, telephone number, e-mail and mailing address of point of contact).

2. Remit-to address (Name and complete mailing address to send payment).

3. Remittance name must match exactly with name on original order/contract. If the

Remittance name differs from the Legal Business Name, then both names must appear on the invoice.

4. Invoice date.

5. Unique invoice #s for all invoices per vendor regardless of site.

6. NBS document number formats must be included for awards created in the NBS: Contract

Number; Purchase Order Number; Task or Delivery Order Number and Source Award Number (e.g., Indefinite Delivery Contract number; General Services Administration number); or, BPA Call Number and BPA Parent Award Number.

7. Data Universal Numbering System (DUNS) or DUNS + 4 as registered in the Central Contractor Registration (CCR).

8. Federal Taxpayer Identification Number (TIN). In those exceptional cases where a contractor does not have a DUNS number or TIN, a Vendor Identification Number (VIN) must be referenced on the invoice. The VIN is the number that appears after the contractor’s name on the face page of the award document.

9. Identify that payment is to be made using a three-way match.

10. Description of supplies/services that match the description on the award, by line billed.*

11. Freight or delivery charge must be billed as shown on the award. If it is included in the item price do not bill it separately. If identified in the award as a separate line item, it must be billed separately.

12. Quantity, Unit of Measure, Unit Price, Extended Price of supplies delivered or services performed, as applicable, and that match the line items specified in the award.*

* NOTE: If your invoice must differ from the line items on the award, please contact the Contracting Officer before submitting the invoice. A modification to the order or contract may be needed before the invoice can be submitted and paid.

B. Shipping costs will be reimbursed only if authorized by the Contract/Purchase Order. If authorized, shipping costs must be itemized. Where shipping costs exceed $100, the invoice must be supported by a bill of lading or a paid carrier's receipt.

Attachment 3

C. Mail an original and 1 copy of the itemized invoice to:

National Institutes of Health Office of Financial Management, Commercial Accounts

2115 East Jefferson Street, Room 4B-432, MSC 8500

Bethesda, MD 20892-8500

For inquiries regarding payment call: (301) 496-6088

In order to facilitate the prompt payment of invoices, it is recommended that the vendor submit a photocopy of the invoice to the “Consignee” designated for the acquisition in blocks 6A – 6E of the face page of the Order/Award document.

II. Invoice Payment

A. Except as indicated in paragraph B., below, the due date for making invoice payments by the designated payment office shall be the later of the following two events:

1. The 30th day after the designated billing office has received a proper invoice.

2. The 30th day after Government acceptance of supplies delivered or services performed.

B. The due date for making invoice payments for meat and meat food products, perishable agricultural commodities, dairy products, and edible fats or oils, shall be in accordance with the Prompt Payment Act, as amended.

III. Interest Penalties

A. An interest penalty shall be paid automatically, if payment is not made by the due date and the conditions listed below are met, if applicable.

1. A proper invoice was received by the designated billing office.

2. A receiving report or other Government documentation authorizing payment was processed and there was no disagreement over quantity, quality, or contractor compliance with an 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.

(End of Clause)