CSS REVISED 12 MARCH 2024 FINAL AMENDMENT 0001.pdf

Combined Synopsis/Solicitation No. 75N96024Q00024

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NIEHS, Office of Acquisitions

Laboratory Animal Diagnostic Testing Services NIEHS

Combined Synopsis/Solicitation for Commercial Products and Commercial Services

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COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

I. General Information

Document Type: Combined Synopsis/ Solicitation Solicitation Number: 75N96024Q00024 Posted Date: 06 March 2024 Original Response Date: 20 March 2024 Current Response Date: 20 March 2024 Product or Service Code: B504, Special Studies/Analysis-

Chemical/Biological Set Aside: N/A Unrestricted/Full and Open Competition NAICS Code: 541380 Testing Laboratories

II. Contracting Office Address

NIEHS/OA

530 Davis Drive Morrisville, NC 27560

III. Description This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Items,” as supplemented with additional information included in this notice.

This announcement constitutes the only solicitation; quotations are being requested, and a written solicitation document will not be issued.

This solicitation is a Request for quotations (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2024-002 effective January 22, 2024.

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The associated North American Industrial Classification System (NAICS) code for this procurement is NAICS code 541380 Testing Laboratories and Services with a small business size standard of $19.0M.

The NIEHS is seeking to procure laboratory animal diagnostic testing services in support of the Quality Assurance Laboratory (QAL) located at NIEHS Research Triangle Park, North Carolina via a requirements contract/indefinite delivery type contract with a five (5) year ordering period. The Government intends to award up to three (3) requirements contracts pursuant to FAR 16.503. All interested companies shall provide quotation(s) for the following: See attached Performance Work Statement.

IV. Notice of Set-Aside, Associated NAICS Code, and Size Standard: This solicitation is being competed on an unrestricted basis/full and open competitive basis, with the 3rd award, if made, being reserved for a small business concern. The associated NAICS code is 541380, "Testing Laboratories and Services" with a size standard of $19.0M.

V. A list of line item number(s) and items, quantities, and units of measure (including option(s), if applicable). See attached pricing sheet with estimated quantities.

VI. Description of Requirements for the Items to be Acquired: The Branches

& Laboratories at NIEHS located in Research Triangle Park, North Carolina fall under the Division of Intramural Research (DIR) and the National Toxicology Program (NTP) Division. As a part of the DIR, the Comparative Medicine Branch (CMB) provides a broad range of services and collaborative support for the NIEHS intramural research programs. The CMB ensures the judicious and humane use of rodents for biomedical research that benefits human and animal health, maintains the animal facility for the NIEHS, and is responsible for the health and well-being of the research animal population. The Quality Assurance Laboratory (QAL) within CMB is responsible for monitoring the health status of incoming and resident animal colonies and making appropriate decisions based on the results of this monitoring. The QAL is also responsible for the NIEHS animal health surveillance program. The primary scope of the contract will be to perform diagnostic testing services as part of the animal health surveillance program. The Contractor shall perform diagnostic testing on rodent blood/sera, rodent tissues, rodent fecal specimens or other biological samples (e.g., cell cultures, viral vectors, isolated proteins, etc.). The Contractor shall receive biological samples, perform requested testing on these samples and shall provide results to the Government via e-mail, telephone or other electronic source (e.g., online access). A Requirements contract pursuant to FAR 16.503 with up to three (3) awards with Fixed

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Priced (FP) task orders is anticipated. The anticipated program value is $1.8M for 5 years across all contracts issued. The requirement has an anticipated 5-year ordering period from date of award. Individual task orders issued will not exceed a 12-month period and funding will be obligated at the task order level. During the contract period, the Government will identify tasks required to complete each specific project. Task orders with more specific details will be placed as needed by the NIEHS and specific performance dates and quantities will be specified on each individual task order. Performance work statement is attached.

VII. Date(s) and place(s) of delivery and acceptance and FOB point.

See Performance Work Statement

Award shall be made to the quoter(s) whose quotation offers the best value to the government, considering technical capability, past performance and price. The selection for award(s) will be conducted utilizing FAR 13.5 - Simplified Procedures for Certain Commercial Products and Commercial Services. Although technical factors are of paramount consideration in the award of the contract, past performance, and price are also important to the overall contract award decision. All evaluation factors, other than price, when combined, are significantly more important than price. The Government intends to make an award to the quoter(s) whose quotation provides the best overall value to the Government.

The evaluation will be based on the demonstrated capabilities of the prospective Contractors, in relation to the needs of the project, as set forth in the solicitation.

The merits of each quotation will be evaluated carefully. Each quotation must document the feasibility of successful implementation of the requirements of the solicitation. Quoters must submit information sufficient to evaluate their quotations, based on the detailed factors listed below.

The full text of FAR provisions or clauses may be accessed electronically at http://acquisition.gov/comp/far/index.html.

The following solicitation provisions apply to this acquisition:

1. FAR 52.212-1, “Instructions to Quoters–Commercial Products and

Commercial Services” Sep 2023

2. FAR 52.212-2 “Evaluation-Commercial Products and Commercial

Services” Nov 2021

3. FAR 52.212-3, “Offerors Representations and Certifications-Commercial Products and Commercial Services” November 2023.

http://acquisition.gov/comp/far/index.html

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Quoters must complete annual representations and certifications on-line at the SAM website may be accessed at: http://www.sam.gov in accordance with FAR 52.212-3, “Offerors Representations and Certifications–Commercial Products and Commercial Services.” If paragraph (j) of the provision is applicable, a written submission is required.

The following contract clauses apply to this acquisition:

- FAR 52.212-4, “Contract Terms and Conditions–Commercial Products and Commercial Services" November 2023

- FAR 52.212-5, “Contract Terms and Conditions Required to Implement Statutes or Executive Orders” December 2023

The following subparagraphs of FAR 52.212-5 are applicable: See attached. HHSAR Clauses See attached.

This is an open-market combined synopsis/solicitation for services as defined herein. The government intends to award up to three (3) firm fixed price (FFP) requirements type contract(s) in accordance FAR 16.503 using FAR 12 Acquisition of Commercial Products and Commercial Services as a result of this combined synopsis/solicitation that will include the terms and conditions set forth herein. To facilitate the award process, all quotes must include a statement regarding the terms and conditions herein as follows:

The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition."

Submission shall be received not later than 20 MARCH 2024 at 2:00PM EST via email to Chantal.cornelius@nih.gov. Late submissions shall be treated in accordance with the solicitation provision at FAR 52.212-1(f). Faxed, hand delivered, or physically mailed quotes WILL NOT be accepted. The burden of ensuring the quote is received by this office, within the stated timeframe, is the Quoter’s responsibility.

Any questions or concerns regarding this solicitation should be forwarded in writing via e-mail to the Chantal.cornelius@nih.gov shall be submitted by 13 MARCH 2024 by 2:00PM EST. No questions will be accepted or answered via telephone.

http://www.sam.gov/ mailto:Chantal.cornelius@nih.gov mailto:Chantal.cornelius@nih.gov

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Point of Contact:

Chantal Cornelius, Contract Specialist

Email:

chantal.cornelius@nih.gov

LIST OF ATTACHMENTS

This section lists and includes those attachments referenced in this document.

The following are incorporated into this solicitation/award:

Reference Title Attachment I Performance Work Statement Attachment II Performance Requirements Summary Attachment III Services List Attachment IV RFQ Pricing Schedule Attachment V Invoice Processing Platform (IPP) Instructions

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FAR 52.212-2 Evaluation—Commercial Products and Commercial Services.

EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

Basis for Award. The Federal Acquisition Regulation (FAR), as supplemented by the Health and Human Services Acquisition Regulation (HHSAR) will be used to evaluate the proposal and award this requirement. The major evaluation factors for this solicitation include Factor 1: Technical Capability, Factor 2: Past Performance, and Factor 3: Price.

Although the technical capability factor is of paramount consideration in the award of the contract, past performance and price are also important to the overall contract award decision. All evaluation factors other than price, when combined, are significantly more important than price. The Government will utilize a tradeoff approach to determine the Quoter who provides the best value to the Government.

The Government will award a contract resulting from this solicitation to the responsible quoter whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate quotes:

FACTOR I – TECHNICAL CAPABILITY: The Government will evaluate the technical submission to ensure it is acceptable or higher. Each submission will be rated utilizing the ratings defined below (price excluded). Technical Factor evaluation provides an assessment of the Quoter’s capability to satisfy the Government’s minimum requirements. A Quoter must receive an adjectival rating of acceptable or above for each sub factor. Failure to meet the criteria will render the response not eligible for award.

Subfactor 1-Company Overview: The Quoter’s submission shall be evaluated to ensure it demonstrates:

a. An overview of the company, including a summary of the type of work or services performed, size of company, period of existence, etc.

b. Description of operational and management structure

• Where is the corporate headquarters?

• Where will the requested services be performed?

• Where will the Project and Lab Supervisors be located?

• Will your customer services personnel be located at the performance site?

c. Detailed discussion of company experience in performing work similar to that required in this RFQ.

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Subfactor 2: Facilities and Equipment: The quote shall present a detailed, comprehensive description of the proposed procedures and/or methods for accomplishing each task or requirement specified in this Performance Work Statement. This description should include as a minimum:

a. Evidence of the adequacy of their facilities and equipment to perform the work required in the Statement of Work.

b. Descriptions of the physical facility, safety compliance, areas for serology and PCR, areas for vial isolation (if applicable), animal isolators (if applicable), and areas for receiving and storage.

c. A list of the equipment to be used under this contract, its availability, and the operating procedures established to implement this program and to protect personnel from hazards associated with performing the Statement of Work shall be included.

d. The procedure for procurement and receipt of samples from the government for serological, PCR, and MALDI-TOF testing and sequencing.

e. The procedure for recording sample data information (tests requested, sample ID's, etc.), recording and reporting test result data.

f. A description of the methodologies to be used in accomplishing the objectives of this contract and a brief description of the preparation & use of controls for the various tests performed.

g. A description of how samples will be processed to meet the specified contract deadlines and steps taken if the deadline will be exceeded.

h. A description of plans to meet the deadlines of the contract for confirmation of positive results.

i. A description of how statistical significance for each serological test is determined and the evaluation of significant results.

j. A description of how the limit of detection and/or limit of quantification for PCR assays was determined and the

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k. A description of how confirmation of positive results when requested by the COR or as deemed necessary by the contractor will be performed.

l. A procedure for responding to emergency requests for expedited turnaround times for sample testing (1 day for serology, 3 days for

PCR).

Subfactor 3: Minimum qualifications of proposed staff: The Quoter’s submission shall be evaluated to ensure it demonstrates that the proposed staff meets the minimum requirements as outlined in the Performance Work Statement (Section 6).

a. The Performance Work Statement lists the following required positions:

1. Project Supervisor or equivalent

2. Serology Laboratory Supervisor or equivalent

3. PCR Laboratory Supervisor or equivalent

4. Spectrophotometry Laboratory Supervisor or equivalent

If known, identify all persons who would perform work under this contract and including those who would serve in a backup capacity. Clearly indicate what work function each person would perform and whether or not they are currently employed by the company. For each person, provide a resume showing their qualifications, including education, training, and experience.

b. For each position listed, specify the percentage of time to be devoted to the contract effort.

c. For each position listed, specify if they are located at the site of testing or located elsewhere.

d. Discuss the mechanism for diverting additional personnel resources if, for whatever reason, it becomes necessary in order to meet contractual obligations if so directed by the COR or Designated Alternate.

e. Describe the training program for proposed staff.

Subfactor 4: Quality Assurance Program: The Quoter’s submission shall be evaluated to ensure it demonstrates:

a. The Contractor shall provide a plan for assuring that the requirements of the contract are provided as specified and at the highest level of technical quality.

b. Quality assurance procedures proposed to assure accurate test results should include:

1) Test procedures, reagents, antigens, antibodies, etc.

2) Equipment used (e.g., ELISA reader, microscopes, incubators, calibration of equipment, etc.)

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3) Source of reagents; buy or produce in-house

4) Positive and negative controls.

5) Maintenance of records, reports, specimens, etc.

Evaluation Matrix for Technical Evaluation Criteria: A Quoter must receive an adjectival rating of Acceptable or above for each subfactor. Failure to meet the criteria will render the response not eligible for award.

The following table provides the adjectival rating and descriptions the Government will use to evaluate “Technical Capability”:

Adjectival

Rating

Description

Outstanding

The quoter has demonstrated that their technical capability is of high quality such that their performance is expected to result in superior achievement of the Government’s objectives and requirements with minimal risk. An “Outstanding” rating may indicate that the quoter’s technical approach contains strengths with no weaknesses.

Good

The quoter has demonstrated that their technical capability is of good quality such that their performance is expected to result in full achievement of the Government’s objectives and requirements with minimal risk. A “Good” rating may indicate that the quoter’s technical approach contains strengths with few weaknesses.

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Acceptable

The quoter has demonstrated that their technical capability is adequate and of quality such that their performance is expected to introduce moderate risk but they are considered likely to produce performance results meeting the Government’s objectives and requirements. An “Acceptable” rating may indicate that the Quoter’s technical approach reveals a number of strengths, but also some weaknesses. Or no strengths or weaknesses.

Marginal

The quoter has demonstrated that their technical capability is barely sufficient and of poor quality such that their performance is expected to introduce a high risk that it would not achieve the Government’s objectives and requirements. A “Marginal” rating may indicate that the quoter’s technical approach reveals few strengths, and significant weaknesses.

Unacceptable

The quoter has not demonstrated that their technical capability is insufficient and of poor quality such that their performance is expected to introduce excessive risk, making it highly unlikely that performance would meet the Government’s objectives and requirements. An “Unacceptable” rating may indicate that the quoter’s technical capability reveals weaknesses that significantly exceed any strengths.

FACTOR 2 - PAST PERFORMANCE: The Government will assess the Quoter’s recent and relevant past performance as a measure of the Government’s confidence in the likelihood of the Quoter to successfully perform based on previous and current contract efforts. Recent past performance is defined as not more than three years from the RFQ release date; relevant in terms of size, scope, and complexity. The submission will be evaluated on the following:

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(1) Relevancy of information obtained from references provided by the Quoter, other relevant past performance information obtained from other sources known to the Government, and any information supplied by the offeror concerning problems encountered on the identified contracts and corrective action taken.

(2) Relevancy of past performance to the PWS in quality of services; timeliness of performance and record of meeting schedules; ability to understand and resolve deficiencies in a timely manner with no adverse impact on the mission, general responsiveness to contract requirements and to technical direction; and, customer satisfaction.

(3) The quote shall include a list of three (3) references with whom like or similar services have been provided within the past three (3) years. The past performance references must include contract number, dollar value,

(1) specific points of contact, phone number and e-mail address.

The following table provides the adjectival rating and descriptions the Government will use to evaluate “Past Performance”:

Adjectival Rating

Description

Outstanding

Based on the quoter’s record of past performance, no issues, concerns, or risks have been identified or associated with receiving timely services and contract performance. Past performance surveys and the quoter’s experiences indicate that the Quoter is capable of significantly exceeding the requirements of the solicitation.

Good

The quoter’s record of past performance indicates there is very little risk associated with receiving quality products, timely services and full contract performance. Past performance surveys and the quoter’s experience indicate the quoter is capable of exceeding the requirements of the solicitation.

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Acceptable

The quoter’s record of past performance indicates that there is some potential risk associated with receiving quality products, timely services, and contract performance. Past performance surveys and the quoter’s experience indicate the quoter is capable of meeting the requirements of the solicitation.

Unsatisfactory

The quoter’s record of past performance indicates it is likely to have problems meeting the requirements of the solicitation.

Neutral

No past performance available for evaluation. quoter has asserted that it has no directly related or relevant past performance experience. quote receives no merit or demerit for this factor.

3. Price Price will not be assigned an adjectival rating. The Government will evaluate the price of the individual items listed on the Price Quote Instructions (Attachment IV) to determine if the Quoters price is fair and reasonable utilizing price analysis techniques in accordance with the guidelines in FAR Part 13.5. For a price to be reasonable, it must represent a price to the Government that a prudent person would pay when consideration is given to prices in the market. Normally, price reasonableness is established through adequate price competition, but may also be determined through price analysis techniques as described in FAR 13.106.

The unit price for each year will be multiplied by the estimated annual requirement for the corresponding year, and the results for each year added together to produce the total evaluated price for the total maximum quantity. Based on this method of evaluation, award will be made to the responsible quoter(s) whose quote represents the Best Value to the Government as outlined elsewhere in this solicitation. The total evaluated price will be used for evaluation purposes only.

Options. As part of the price fair and reasonable determination, the Government will evaluate its option to extend services (see FAR Clause 52.217-8) by using six (6) months of the last years ceiling and the unit prices for the last year quoted in the Contract Pricing List for the option period. The Quoter shall not submit a price for the potential six (6) month extension of services period. The

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Government may choose to exercise the Extension of Services at the end of the performance period, utilizing the rates of that performance period.

HHS Acquisition Regulation (HHSAR) provisions/clauses This document incorporates one or more Department of Health and Human Service Acquisition Regulations (HSSAR) clauses and/or provisions by reference, with the same force and effect as if they were given in full text. The full text of a HHSAR clause can be viewed at: https://www.acquisition.gov/hhsar.

Reference Title Date 352.203-70 Anti-Lobbying DEC 2015 352.208-70 Printing and Duplication DEC 2015 352.222-70 Contractor Cooperation in

Equal Employment Opportunity Investigations

DEC 2015

352.239-73 Electronic Information and Technology Accessibility Notice

DEC 2015

352.239-74 Electronic and Information Technology Accessibility

DEC 2016

PROVISIONS/CLAUSES INCORPORATED BY REFERENCE

52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services (December 2022) https://www.acquisition.gov/hhsar

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CLAUSES INCORPORATED BY FULL TEXT

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services.

CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (DEC 2023)

(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 products and commercial services:

(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 Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) ( 31 U.S.C. 3903 and 10 U.S.C.

3801).

(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)).

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(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 products and commercial services:

[Contracting Officer check as appropriate.]

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) ( 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) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) ( 41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

X__ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (6) [Reserved].

__ (7) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117- 328).

__ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) ( Pub. L. 115–390, title II).

__ (11)

(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (DEC 2023) ( Pub. L. 115–390, title II).

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__ (ii) Alternate I (DEC 2023) of 52.204–30.

X__ (12) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) ( 31 U.S.C. 6101 note).

__ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) ( 41 U.S.C. 2313).

__ (14) [Reserved].

__ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) ( 15 U.S.C. 657a).

__ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).

__ (17) [Reserved]

__ (18)

(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.

__ (19)

(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_ (20) 52.219-8, Utilization of Small Business Concerns (SEP 2023) ( 15 U.S.C. 637(d)(2) and (3)).

__ (21)

(i) 52.219-9, Small Business Subcontracting Plan (SEP 2023) ( 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.

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__ (iv) Alternate III (JUN 2020) of 52.219-9.

__ (v) Alternate IV (SEP 2023) of 52.219-9.

__ (22)

(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.

_X_ (23) 52.219-14, Limitations on Subcontracting (OCT 2022) ( 15 U.S.C. 637s).

__ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) ( 15 U.S.C. 637(d)(4)(F)(i)).

__ (25) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2022) ( 15 U.S.C. 657f).

_X_ (26)

(i) 52.219-28, Post Award Small Business Program Rerepresentation (SEP 2023)( 15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (MAR 2020) of 52.219-28.

__ (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) ( 15 U.S.C. 637(m)).

__ (28) 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 (OCT 2022) ( 15 U.S.C. 637(m)).

__X (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) ( 15 U.S.C. 644(r)).

__ (30) 52.219-33, Nonmanufacturer Rule (SEP 2021) ( 15U.S.C. 637(a)(17)).

X__ (31) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

_X_ (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (NOV 2023) .

_X_ (33) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

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X__ (34)

(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).

__ (ii) Alternate I (FEB 1999) of 52.222-26.

X__ (35)

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

__ (ii) Alternate I (JUL 2014) of 52.222-35.

__ (36)

(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.

__ (37) 52.222-37, Employment Reports on Veterans (JUN 2020) ( 38 U.S.C. 4212).

_X_ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

_X_ (39)

(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) ( 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).

__X (40) 52.222-54, Employment Eligibility Verification (MAY 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

__ (41)

(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.)

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__ (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.)

__ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.

13693).

__ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

__ (44)

(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.

__ (45)

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

__ (ii) Alternate I (Jun2014) of 52.223-14.

__ (46) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) ( 42 U.S.C. 8259b).

__ (47)

(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 (48) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

__ (49) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

__ (50) 52.223-21, Foams (Jun2016) (E.O. 13693).

__ (51)

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

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__ (ii) Alternate I (JAN 2017) of 52.224-3.

__ (52)

(i) 52.225-1, Buy American-Supplies (OCT 2022) ( 41 U.S.C. chapter 83).

__ (ii) Alternate I (OCT 2022) of 52.225-1.

__ (53)

(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 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 [Reserved].

__ (iii) Alternate II (DEC 2022) of 52.225-3.

__ (iv) Alternate III (NOV 2023) of 52.225-3.

__ (v) Alternate IV (Oct 2022) of 52.225-3.

__ (54) 52.225-5, Trade Agreements (NOV 2023) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (55) 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).

__ (56) 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. Subtitle A, Part V, Subpart G Note).

__ (57) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150).

__ (58) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) ( 42 U.S.C. 5150).

__ (59) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

__ (60) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

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__ (61) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

X__ (62) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT2018) ( 31 U.S.C. 3332).

__ (63) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332).

__ (64) 52.232-36, Payment by Third Party (MAY 2014) ( 31 U.S.C. 3332).

__ (65) 52.239-1, Privacy or Security Safeguards (AUG 1996) ( 5 U.S.C. 552a).

__ (66) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) ( 15 U.S.C. 637(d)(13)).

__ (67)

(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) ( 46 U.S.C.

55305 and 10 U.S.C. 2631).

__ (ii) Alternate I (APR 2003) of 52.247-64.

__ (iii) Alternate II (NOV 2021) 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 products and commercial services:

[Contracting Officer check as appropriate.]

__ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) ( 41 U.S.C. chapter67).

__ (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) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

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__ (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).

__ (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 for Contractor Workers Under Executive Order 14026 (JAN 2022).

__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (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 products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

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(i) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) ( 41 U.S.C. 3509).

(ii) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) ( 41 U.S.C. 4712).

(iii) 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)).

(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(vi) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117- 328).

(vii)

(A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (DEC 2023) ( Pub. L. 115–390, title II).

(B) Alternate I (DEC 2023) of 52.204–30.

(viii) 52.219-8, Utilization of Small Business Concerns (SEP 2023) ( 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.

(ix) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(x) 52.222-26, Equal Opportunity (SEP 2015) (E.O.11246).

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

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

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(xiii) 52.222-37, Employment Reports on Veterans (JUN 2020) ( 38 U.S.C. 4212).

(xiv) 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.

(xv) 52.222-41, Service Contract Labor Standards (AUG 2018) ( 41 U.S.C. chapter 67).

(xvi)

(A) 52.222-50, Combating Trafficking in Persons (NOV 2021) ( 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).

(xvii) 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).

(xviii) 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).

(xix) 52.222-54, Employment Eligibility Verification (MAY 2022) (E.O. 12989).

(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

(xxii)

(A) 52.224-3, Privacy Training (Jan 2017) ( 5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xxiii) 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. Subtitle A, Part V, Subpart G Note).

(xxiv) 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.

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(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxvi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) ( 46 U.S.C.

55305 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 products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

FAR 52.216-18 Ordering.

ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of award through 5 years from that date.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

ADDENDUM TO FAR CLAUSE 52.216-18 ORDERING

Add (d), Ordering Procedures:

a. As needed task orders will be placed by the NIEHS.

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b. Task orders are for estimated quantities.

c. Specific performance dates, locations, and task will be specified on task orders IAW the PWS.

d. The Government will request pricing for a task order via e-mail and shall include a PWS describing the work needed. The contractor shall provide a fixed price quote via e-mail and shall include a price breakout in accordance with the Contract Pricing Matrix. The price breakout shall include a total price and the following information, unless otherwise stated.

e. All task orders shall be invoiced separately.

(End of Addendum)

FAR 52.216-19 Order Limitations.

ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than _____$3,500.00_, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor-

(1) Any order for a single item in excess of $1,830,828.00

(2) Any order for a combination of items in excess of $1,830,828.00; or

(3) A series of orders from the same ordering office within __three (3)_ days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within __10___ days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

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FAR 52.216-21 REQUIREMENTS (OCT 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government’s requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause.

Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after O/A 21 AUGUST 2029.

52.217-5 Evaluation of Options (JULY 1990) Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

(End of provision)

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FAR 52.217-8 Option to Extend Services (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within any time prior to expiration of the contract.

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ATTACHMENT I: PERFORMANCE WORK STATEMENT

NIEHS - Laboratory Animal Diagnostic Testing Services Performance Work Statement

1.0 BACKGROUND INFORMATION

The Comparative Medicine Branch (CMB) at the National Institute of Environmental Health Sciences (NIEHS) is responsible for the health and well-being of the research animal population. Laboratory animals are susceptible to many infectious diseases which may be symptomatic or subclinical but still have profound effects on research. Some of these diseases can be zoonotic (contagious to humans). The identification of pathogenic agents infecting animals at NIEHS is important to maintain animal health and well-being, the quality of research, and the safety of personnel. The Quality Assurance Laboratory (QAL) within CMB is responsible for the NIEHS animal health surveillance program.