G. Mod_1_5888985 -75N95021Q00046_Mod_and_questions.pdf

TITLE: Testing of compounds in rat pharmacokinetic experiments

RFQ: 75N95021Q00046

AMENDMENT No.: 01 AMENDMENT DATE: January 22, 2021 PROPOSAL DUE DATE: 11:00 a.m., Eastern Time, on February 1, 2021 (Unchanged)

ISSUED BY:

National Center for Advancing Translational Sciences, NIH NIDA Office of Acquisition, NCATS Section

BG 11601 RM 03C09 MSC 6012

11601 LANDSDOWN ST

BETHESDA MD 20852-6012

PRIMARY POINT OF CONTACT:

Renato Gomes, Contract Specialist Phone: (301) 451-2596 Email: renato.gomes@nih.gov

TO ALL OFFERORS:

The above-numbered solicitation is amended as set forth below. The hour and date specified for receipt of quotes IS NOT EXTENDED.

Quoters must acknowledge receipt of this amendment on each copy of the quote submitted OR by separate letter or electronic communication which includes a reference to the solicitation and amendment numbers.

FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED

FOR THE RECEIPT OF QUOTES PRIOR TO THE HOUR AND DATE SPECIFIED MAY

RESULT IN REJECTION OF YOUR QUOTE.

If by virtue of this amendment you desire to change an quote already submitted, such change may be made by letter, provided each letter makes reference to the solicitation and this amendment, and is received prior to the time and date specified for receipt of quotes.

PURPOSE: to amend the Combined Synopsis/Solicitation (RFQ), and to respond to formal questions submitted in response to the solicitation.

All other terms and conditions of the Combined Synopsis/Solicitation remain unchanged.

MODIFICATION

1. Combined Synopsis/Solicitation, Paragraph (xx), Attachment 6 - The clause at FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders–Commercial Items (Nov 2020), is amended to REMOVE the following clauses:

(28) 52.222-19 Child Labor—Cooperation with Authorities and Remedies (Jan 2020) (E.O. 13126).

mailto:renato.gomes@nih.gov

AMENDMENT No.: 01

(49) 52.225-3 (i), Buy American—Free Trade Agreements—Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109- 169, 109-283, 110-138, 112-41, 112-42, and 112-43.

(49) (iii) Alternate II (May 2014) of 52.225-3.

As a result of this amendment, the Attachment 6 - The clause at FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders–Commercial Items (Nov 2020) shall be provided to beta.sam.gov as amended.

RESPONSES TO QUESTIONS

The Government has provided answers below. Note that many questions may have been combined, paraphrased, and/or summarized for brevity and clarity.

1. Question: Would the Government consider removing the FAR 52.227-14 Data Rights clause? This is a commercial item procurement and this clause does not apply to commercial items?

Answer: The clause at FAR 52.227-14, Rights in Data – General, applies to commercial items. FAR section 12.211, Technical Data, requires that appropriate provisions and clauses be included in solicitations and contracts delineating rights in technical data.

This delineation is accomplished through the clauses prescribed in FAR subpart 27.4, Rights in Data and Copyright. The specific data to be provided under this solicitation is being produced at Government expense, and the presumption under FAR 12.211 that data delivered under a contract for commercial items was developed exclusively at private expense does not apply. The contracting officer has determined that the appropriate clause is 52.227-14, Rights in Data – General, as tailored in the solicitation.

2. Question: Would the Government consider removing the following clauses: 52.222-19 , 52.225-3, 52.225-13? These clauses are applicable to supply contracts versus service contracts? The offering on this contract will be considered services.

Answer: The clauses 52.222-19, and 52.225-3 were removed as per the modification section of this amendment.

Clause 52.225-13 applies to supplies/services contracts, as per FAR 25.1103 (a) “Restrictions on certain foreign purchases. Insert the clause at 52.225-13, Restrictions on Certain Foreign Purchases, in solicitations and contracts, unless an exception applies.”

3. Question: Would the Government consider removing the following? The substance of these clauses is not germane to the effort.

a. 52.224-3 – not handling personal data

b. 52.225-6 – not performing the security function assumed in this clause

c. 52.226-6 – we are not selling food

d. 52.247-64 – not transporting anything via ocean vessels

AMENDMENT No.: 01

Answer: The Clauses listed on Question 3 are not selected on Attachment 6 - The clause at FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders–Commercial Items (Nov 2020), therefore, they are not applicable to this solicitation