CSS_75N96024Q00043_Amended 9.10.2024.pdf

MISCELLANEOUS BULK GASES , ETC. 75N96024Q00043

NIEHS, Office of Acquisitions

MISCELLANEOUS BULK GASES & GAS CYLINDER TANKS

Combined Synopsis/Solicitation for Commercial Products and Commercial Services

COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS

(Amended on 09/10/24 – Amendment 2)

(Amended on 08/23/2024 – Amendment 1)

General Information

Document Type: Combined Solicitation/Synopsis Solicitation Number: 75N96024Q00043

August 13, 2024 September 3, 2024@11:00AM September 16, 2024@11:00AM Full and Open 325120

Posted Date:

Original Response Date:

Current Response Date:

Product or Service Code:

Set Aside:

NAICS Code:

Contracting Office Address

530 Davis Drive Morrisville, NC 27560

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,” and Part 13, Simplified Acquisition Procedures, 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 quote (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2024-04 published in the Federal Register on April 1, 2024.

The associated North American Industrial Classification System (NAICS) code for this procurement is 325120 (Industrial Gas Manufacturing). The Small Business Administration (SBA) small business size standard for this NAICS code is 1,200 employees.

The National Institute of Environmental Health Sciences (NIEHS), located in the Research Triangle Park, North Carolina (RTP), is one of the 27 Institutes and centers composing the National Institutes of Health (NIH). The mission of NIEHS is dedicated to reducing the burden of diseases and dysfunctions associated with the environment. This mission is accomplished by conducting basic and applied research into the effects of environmental exposures on biological systems and human health; on the identification of susceptible human subpopulations; and on the interaction between the environment, genetics and age.

This requirement supports the research laboratory and maintenance operations of the organizations located at NIEHS. Supports in the research laboratories at NIEHS requires the need for commercial supplies and services for industrial compressed gases, gas handling, delivery, hardware, and related supplies and services for the operations at NIEHS.

The Statement of Work (SOW) will be used to execute delivery of a broad range of orders for bulk gases and gas cylinder tanks under the resultant requirements contract. During the contract period, the Government will identify deliveries required to fulfill each specific need.

Delivery orders with more specific details will be placed as needed by the Inventory Management Specialist. Specific performance dates and quantities will be specified on each individual delivery order. During the life of the contract, there may be additions and/or subtractions in the total number of miscellaneous bulk gases, and cylinder tanks based on the Government’s needs.

All interested companies shall provide quotation(s) for the following services in accordance with the Statement of Work (SOW) contained herein.

The term consists of five, one-year ordering periods, anticipated from October 2, 2024 through October 1, 2029 November 1, 2024 through October 31, 2029.

Place of Performance

Address: 111 T.W. Alexander Drive

RTP, NC 27709

Country: United States

Award shall be made to the quoter whose quote is found to be in the best interest of the government, considering technical capability, past performance, and price. The government will evaluate information based on the following evaluation criteria: (1) technical capability factor meeting or exceeding the requirement, (2) past performance, and (3) price.

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 Offerors—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, Offeror Representations and Certifications—Commercial Products and

Commercial Services (May 2024)

Offerors must complete annual representations and certifications on-line at http://www.sam.gov in accordance with FAR 52.212-3. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

The following contract clauses apply to this acquisition:

• FAR 52.212-4, Contract Terms and Conditions—Commercial Products and Commercial Services (Nov 2023)

• FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services (May 2024)

All quoters shall submit one copy of quote via e-mail to the Contracting Officer, Charlotte Ange, charlotte.ange@nih.gov and cc Contracting Officer, Chantal Cornelius, chantal.cornelius@nih.gov. Submission of quotes shall be received not later than September 18, 2024, at 11:00am ET September 16, 2024, at 1100 AM EST. Late submissions shall be treated in accordance with the solicitation provision at 52.212-1(f). Only e-mailed quotes will be accepted. The burden of ensuring the quote is received by this office, within the stated timeframe, is the Quoter’s responsibility.

This is an open-market combined synopsis/solicitation for services as defined herein. The government intends to award a single Requirements contract with Firm Fixed Price Delivery Orders Order 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 Cover letter, which includes:

• Company Information (Name, Address, UEI, Cage Code, Any FSS/GSA contract information)

• Point of Contact: The Quoter shall provide the name, title, e-mail address, and telephone number of the company/division point of contact regarding decisions made with respect to your quote and who can obligate your company contractually.

http://acquisition.gov/comp/far/index.html http://www.sam.gov/ mailto:charlotte.ange@nih.gov%20and%20cc%20Contracting%20Officer,%20Chantal%20Cornelius,%20chantal.cornelius@nih.gov.

mailto:charlotte.ange@nih.gov%20and%20cc%20Contracting%20Officer,%20Chantal%20Cornelius,%20chantal.cornelius@nih.gov.

• Validity Period of Quotes. The Quoter agrees to hold the prices in its offer firm for 90 days from the date specified for receipt of offers.

• Acceptability of Terms and Conditions: 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 with the exception, deletion, or addition of the following:"

Quoter shall list exception(s) and rationale for the exception(s).

Any questions or concerns regarding this solicitation should be forwarded in writing via e-mail to Contracting Officer at charlotte.ange@nih.gov. Questions shall be received until August 28, 2024, at 11:00 AM EST.

mailto:odessa.mcglown@nih.gov

1. SUPPLIES OR SERVICES AND PRICING/COSTS

1.1 BRIEF DESCRIPTION OF SUPPLIES OR SERVICES

The Contractor shall provide NIEHS’s end-users with consistent and reliable services related to the acquisition, handling and storage, and administrative aspects of compressed gases. The contractor shall provide all necessary personnel, labor, equipment, tools, materials, vehicles, travel, supervision, and services necessary to perform the subject services for approximately 900-1050 compressed gas cylinders, liquid nitrogen dewars, and 3 bulk tanks on campus. The contractor shall be responsible for replenishment, delivery, and maintenance of all containerized compressed gas cylinders and Liquid Nitrogen Dewars associated with the operations at NIEHS.

1.2 GENERAL - CONTRACT TYPE

The Government contemplates award of a single source contract in accordance with Federal Acquisition Regulation (FAR) Part 12, Acquisition of Commercial Products and Commercial Services;

FAR Part 13, Simplified Acquisition Procedures, in conjunction with FAR Part 16.503, Requirements Contracts.

It is anticipated that the award from this solicitation will be a multiple-year, Fixed-Price Indefinite- Delivery Requirements type contract with a five (5) year ordering period.

It is anticipated that the Period of Performance will be October 2, 2024, through October 1, 2029 November 1, 2024 through October 31, 2029.

1.3 CONTRACT LINE ITEMS AND PRICING

1.3.1 LINE ITEMS AND PRICE SCHEDULE

Anticipated ORDERING PERIOD: NOVEMBER 1, 2024 – OCTOBER 31, 2029 Line Item # Line Item Description Total

1 Ordering Period 1: November 1, 2024-October 31, 2025

2 Ordering Period 2: November 1, 2025-October 31, 2026

3 Ordering Period 3: November 1, 2026-October 31, 2027

4 Ordering Period 4: November 1, 2027-October 31, 2028 5 Ordering Period 5: November 1, 2028-October 31, 2029

Total

Line Item # Line Item Description Total 1 Ordering Period 1: October 2, 2024-October 1, 2025

2 Ordering Period 2: October 2, 2025-October 1, 2026

3 Ordering Period 3: October 2, 2026-October 1, 2027

4 Ordering Period 4: October 2, 2027-October 1, 2028 5 Ordering Period 5: October 2, 2028-October 1, 2029

Total

1.3.2 PRICING TERMS

a. An Indefinite Delivery Requirements contract, as contemplated by FAR 16.503, will result from this solicitation.

b. The Contractor shall be reimbursed by the Government in an amount not more than

$2,200,000 for successful performance of this contract.

c. The Government will plans to issue Delivery Orders with a specific Statement of Work (SOW) or Performance Work Statement (PWS) to execute delivery of a broad range of orders for bulk gases and gas cylinder tanks under the resultant Indefinite Delivery Requirements contract based on the general work described in SECTION 2 of this solicitation. Specific performance dates and quantities will be specified on each individual Delivery/Task Orders.

Funding will be obligated at the Delivery/Task Order level.

2. STATEMENT OF WORK

This Statement of Work (SOW) will be used to execute delivery of a broad range of orders for bulk gases and gas cylinder tanks under the resultant requirements contract. During the contract period, the Government will identify deliveries required to fulfill each specific need. Delivery/Task Orders with more specific details will be placed as needed by the Inventory Management Specialist. Specific performance dates and quantities will be specified on each individual Delivery/Task Order. During the life of the contract, there may be additions and/or subtractions in the total number of miscellaneous bulk gases, and cylinder tanks based on the Government’s needs.

The complete SOW is attached to this Combined Synopsis/Solicitation as Attachment I.

3. 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.

The reports shall be delivered F.O.B. Destination as set forth in FAR Clause 52-247-35, F.O.B.

Destination, Within Consignee Premises (April 1984). Unless otherwise specified, deliveries shall be made to the Delivery Point specified Mondays through Fridays (excluding Federal Holidays and Executive Orders).

4. INSPECTION AND ACCEPTANCE TERMS

4.1 CLAUSES INCORPORATED BY REFERENCE

FAR 52.252-2: Clauses Incorporated By Reference (Feb 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/browse/index/far.

REFERENCE TITLE DATE

FAR 52.246-2 Inspection of Supplies-Fixed-Price Aug 1996 FAR 52.246-1 Contractor Inspection Requirements. Apr 1984 FAR 52.246-16 Responsibility for Supplies. Apr 1984

4.2

INSPECTION AND ACCEPTANCE REQUIREMENTS

The Contracting Officer or the duly authorized representative will perform inspection and acceptance of materials and services to be provided.

a. For the purpose of this section, TBD, is the authorized representative of the Contracting Officer.

b. Inspection and acceptance will be performed at:

National Institute of Environmental Health Sciences (NIEHS) 111 T.W. Alexander Drive Research Triangle Park, NC 27709

All work under this contract is subject to inspection and final acceptance by the Contracting Officer or duly authorized representative of the Government.

The Government’s Contracting Officer’s Representative (COR) is a duly authorized representative of the Government and is responsible for inspection and acceptance of all items to be delivered under this contract. Unless otherwise specified in the contract, or by the COR, the general quality measures, as set forth below, will be applied to each work product received from the Contractor.

The Government reserves the right to an Inspection period of 10 calendar days, unless a different time period is stated in the Delivery/Task Order or elsewhere in the contract. The receiving report, completed and signed by the appropriate official, constitutes acceptance.

5. DELIVERIES OR PERFORMANCE

5.1 CLAUSES INCORPORATED BY REFERENCE

FAR 52.252-2: Clauses Incorporated By Reference (Feb 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 https://www.acquisition.gov/browse/index/far full text of a clause may be accessed electronically at this address:

https://www.acquisition.gov/browse/index/far.

REFERENCE TITLE DATE

FAR 52.247-35 F.o.b. Destination, Within Consignee’s Premises Apr 1984 FAR 52.246-23 Limitation of Liability Feb 1997 FAR 52.242-15 Stop Work Order Aug 1989 FAR 52.242-17 Government Delay of Work Apr 1984

5.2 PERIOD OF PERFORMANCE/ ORDERING PERIOD

a. The contract shall have five (5) one-year Ordering Periods from October 2, 2024 through October 1, 2029.

b. This solicitation/contract also includes the clause at FAR 52.217-8, “Option to Extend Services”. The total period of performance shall not exceed five years and six months if the clause is exercised.

c. Although orders may be issued at any time during this ordering period, two constraints apply to the period of performance for Delivery/Task Orders. First, the period of performance for a Delivery Order may not go beyond one (1) year after the end of the ordering period.

Secondly, a Delivery Order Contracting Officer may not award a Delivery order with a period of performance that exceeds five (5) years.

5.3 PLACE OF PERFORMANCE/DELIVERY

The Government expects all work to be performed at the Contractor’s site. The Government’s physical location is:

NIEHS Campus National Institute of Environmental Health Sciences 111 T.W. Alexander Drive Research Triangle Park, NC USA 27709

5.4 HOURS OF OPERATIONS, HOLIDAYS, AND CLOSINGS

The normal hours of operation are 8:30 A.M. to 5:00 P.M. Eastern Time (ET), Monday through Friday, exclusive of Government holidays and closings.

The Government is closed on the holidays and closings listed below. Specific dates for the holidays can be found at the Office of Personnel Management (OPM) website located at:

https://www.opm.gov/policy-data-oversight/snow-dismissal-procedures/federal-holidays/#url=Overview

• New Year’s Day

• Birthday of Martin Luther King, Jr.

https://www.acquisition.gov/browse/index/far https://www.opm.gov/policy-data-oversight/snow-dismissal-procedures/federal-holidays/#url%3DOverview https://www.opm.gov/policy-data-oversight/snow-dismissal-procedures/federal-holidays/#url%3DOverview

• Washington’s Birthday

• Memorial Day

• Independence Day

• Juneteenth National Independence Day

• Labor Day

• Columbus Day

• Veterans Day

• Thanksgiving Day

• Christmas Day

• Any other day designated by Federal statute

• Any other day designated by Executive Order

• Any other day designated by the President

• Unscheduled closings mandated by the Government (e.g., weather emergencies, etc.)

In the case of a Government shutdown caused by a failure to pass funding legislation to finance the Government, the Contractor shall seek guidance from the COR.

Observance of the days listed above by Government personnel shall not be cause for an extension to the delivery schedule or period of performance or adjustment to the price, estimated cost, or fee(s), if any, except as set forth in the Contract. In addition, the Contractor shall obtain additional blackout dates from the COR.

6. CONTRACT ADMINISTRATION DATA

6.1 GOVERNMENT POINTS OF CONTACT

Contracting Officer (CO):

Charlotte Ange Charlotte.Ange@nih.gov

Contracting Officer’s Representative (COR):

To be Determined

6.2 CONTRACTING OFFICER’S AUTHORITY

The Contracting Officer (CO) identified above has responsibility for ensuring the performance of all necessary actions for effective contracting; ensuring compliance with the terms of the contract and safeguarding the interests of the United States in its contractual relationships. The CO is the only individual who has the authority to enter into, administer, or terminate this contract and is the only person authorized to approve changes to any of the requirements under this contract, and notwithstanding any provision contained elsewhere in this contract, this authority remains solely with the CO.

mailto:Charlotte.Ange@nih.gov

No statement, whether oral or written, by anyone other than the Contracting Officer, shall be interpreted as modifying the terms and conditions of the contract. It is the Contractor’s responsibility to contact the CO immediately if there is even the appearance of any technical direction that is or may be outside the scope of the contract. The Government will not reimburse the Contractor for any work not authorized by the CO, including work outside the scope of the contract.

6.3 CONTRACTING OFFICER’S REPRESENTATIVE

The Contracting Officer’s Representative (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 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.

The Government may unilaterally change its COR designation.

6.4 CONTRACTOR KEY PERSONNEL

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 Subjects 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 Project Manager (PM) Project Manager (PM/Alternate)

6.5 TRAVEL

There are no reimbursable travel costs authorized under this contract.

6.6 GOVERNMENT FURNISHED EQUIPMENT/INFORMATION (GFE/GFI)

The Contractor shall furnish and/or provide all necessary/required supplies, services, qualified personnel, materials, labor, supervision and equipment, except as specified herein as GFE.

Access to the NIEHS virtual private network (VPN) is only provided with GFE. Otherwise, network access is provided via Citrix on any Citrix-compatible device, including contractor-owned equipment.

Within two (2) weeks of contract award, NIEHS will provide computer laptops, as needed, to all Contractor personnel who require VPN access in order to complete the requirements of the contract. NIEHS provides computers based on an approved lifecycle policy and specifications. In addition, NIEHS may provide telecommunication and other equipment to Contractor personnel as agreed upon by the CO, COR/COR Designee, and Contractor.

The Government reserves the right to verify the need for VPN access for each Contractor staff for whom the Contractor requests GFE. The Government will provide the NIH-approved standard image and all other NIH-supported software, as needed.

NIEHS will provide the Development, Test, Pre-production, Production and any other server-based environment necessary to accomplish the stated work.

Government Furnished Information (GFI) will be accessible through the NIEHS network and paper copies, as needed. The following will be provided to the Contractor upon arrival and obtaining badging and access to the NIEHS network:

• Access to document repositories and file shares.

• System-related artifacts.

• Production system documentation.

• Access to NIEHS tools.

• System software and code.

• Other relevant information.

In addition, see the requirements of clause FAR 52.245-1 – Government Property incorporated in Section I of this contract.

6.7 GENERAL INVOICING INSTRUCTIONS

All invoices shall meet the requirements of Federal Acquisition Regulation (FAR) Subpart 32.9.

Detailed invoicing instructions are attached.

6.8 ORDERING PROCESSES AND PROCEDURES

Ordering services under this ID Requirements contract shall be accomplished by the issuance of written orders specifying the types of services being ordered. The Government will issue orders against the ID Requirements through requesting quote/proposal information directly from the Contractor or by submitting a direct offer for Contractor acceptance. All orders issued under this contract shall conform to the provisions of the contract clause FAR 52.216-18 – Ordering.

All orders placed against this ID Requirements are subject to the terms and conditions of the ID Requirements. In the event of a conflict between the clauses of a resulting order and this ID Requirements contract, the clauses of the ID Requirements contract will take precedence. Orders shall be placed in accordance with FAR 16.505.

6.8.1 AUTHORIZED ORDERING OFFICIALS

U.S. Department of Health and Human Services (HHS), National Institutes of Health (NIH), National Institute of Environmental Health Sciences (NIEHS), Office of Acquisitions (OA) Contracting Officers are authorized as ordering officials to place orders under this contract.

6.9 ORDER PROCESSING

A Delivery/Task Order will be “issued” for purpose of this contract upon the effective date of the order. The general process for individual Delivery/Task Orders is as follows:

1) NIEHS will prepare a Statement of Work (SOW) in accordance with this ID Requirements ordering procedures. The SOW will include, at a minimum, the following elements:

a) Description of work in terms of the purpose or objectives of the work to be performed.

b) Description of how the work performance is assessed relative to objectives, goals, and outcomes.

c) Period and place of performance.

d) Reporting requirements and deliverables.

2) Requests for Delivery Order Quotes shall only be issued by the Contracting Officer.

3) The Contractor shall prepare and submit a proposal addressing all areas of the requirement. The Contractor shall submit the proposal within the time period specified in the Request for Delivery/Task Order Quote and adhere to the ceiling rates established in the contract. No separate payment will be made to the contractor for the cost to prepare, submit and/or negotiate Delivery/Task Order quotes.

4) The Government shall evaluate Delivery/Task Order quotes for technical acceptability and price reasonableness.

5) The Contracting Officer may also submit a Delivery/Task Order direct offer for Contractor acceptance.

6.10 CONTRACTOR PERFORMANCE EVALUATIONS

a. Quality Assurance Requirements Summary (QARS)

The Contractor's performance under this contract will be observed and evaluated continuously by the Government. The Quality Assurance Requirements Summary (QARS) will be used to assess Contractor performance. The QARS includes Performance Standards, Acceptable Quality Level (AQL) which identify the indicators to be evaluated and the associated standards for each indicator, and a Monitoring Method. A copy of the QARS is included as an attachment in this solicitation and will be incorporated into the resulting contract.

A QARS Report will be prepared by the Government, resulting in an overall rating, which will be disseminated to the Contractor annually. This report differs from the Contractor Performance Evaluations described in section b. below, which uses a standard rating criteria established for the Federal Contractor Performance System to evaluate overall contract performance. For this reason, the Contractor's performance scores for determining adherence to contract performance expectations may differ; however, they are used to inform the Contractor's performance scores for overall contract performance that are entered in CPARS.

b. 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 October 1.

Interim and Final evaluations will be provided to the Contractor as soon as practicable after completion of the evaluation. The Contractor will be permitted thirty 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.

c. Electronic Access to Contractor Performance Evaluations

Contractors may access evaluations through a secure Web site for review and comment at the following address: http://www.cpars.gov.

7. SPECIAL CONTRACT REQUIREMENTS

7.1 SECURITY

Reserved

7.2 COORDINATION WITH OTHER PERFORMING ACTIVITIES

The Contractor shall coordinate with NIEHS employees, other federal employees and third-party contractor personnel to meet the requirements of this contract. Examples include security and continuity functions, application and Web development, audits, inspections, program and project management, delivery services, construction, and telecommunication services. The NIEHS COR will notify the CO prior to facilitating initial contact between the Contractor and other third-party contractors performing work for NIEHS, as necessary.

7.3 NON-PERSONAL SERVICES

In accordance with FAR Subpart 37.104(b), Personal services contracts, no personal services shall be performed under this Contract. No Contractor employee will be directly supervised by a Government employee. All individual contractor employee assignments, and daily work direction, shall be given by the applicable employee supervisor. If the Contractor believes any Government action or communication has been given that would create a personal services relationship between the Government and any Contractor employee, the Contractor shall promptly notify the Contracting Officer of this communication or action.

7.4 INHERENTLY GOVERNMENTAL FUNCTIONS

The Contractor shall not perform any inherently governmental actions under this contract as defined by FAR Subpart 7.5. No Contractor employee shall hold him or herself out to be a Government employee, agent, or representative. No Contractor employee shall state orally or in writing at any time that he or she is acting on behalf of the Government. In all communications with third parties in connection with this Contract, Contractor employees shall identify themselves as Contractor employees and specify the name of the company for which they work. In all communications with other Government contractors in connection with this contract, the Contractor employee shall state that they have no authority to in any way change the contract and that if the other contractor believes this communication to be a direction to change their contract, they should notify the Contracting Officer for the contract and not carry out the direction until a clarification has been issued by the Contracting Officer.

http://www.cpars.gov/

7.5 ORGANIZATIONAL CONFLICT OF INTEREST

Organizational conflict of interest” means that because of other activities or relationships with other persons, a person is unable or potentially unable to render impartial assistance or advice to the Government, or the person's objectivity in performing the contract work is or might be otherwise impaired, or a person has an unfair competitive advantage. (FAR 2.101) An organizational conflict of interest may result when factors create an actual or potential conflict of interest on an instant contract, or when the nature of the work to be performed on the instant contract creates an actual or potential conflict of interest on a future acquisition. In the latter case, some restrictions on future activities of the contractor may be required. (FAR 9.5) The Contractor shall proactively manage Organizational Conflicts of Interest (OCI) to minimize and negate adverse impacts.

7.6 SUBCONTRACTING AND TEAMING

The use of subcontractors is permitted under this contract with approval granted from the CO and COR. A Subcontracting Plan shall be submitted as part of the quote to the CO and must be approved prior to onboarding any subcontract staff.

Small Business Subcontracting Plan

1. In accordance with FAR 19.704 and FAR Clause 52.219-9, the submission of a subcontracting plan by other than small business offeror( s) is a requirement as a part of the proposal submission process and is to be submitted separately from the technical and cost proposals.

An offeror's subcontracting plan must be determined to be acceptable, by the Contracting Officer, prior to the contract award.

2. The failure of any Contractor or subcontractor to comply in good faith with FAR Clause 52.219-8, entitled "Utilization of Small Business Concerns" incorporated in this contract will be a material breach of such contract or subcontract and subject to the remedies reserved to the Government under FAR Clause 52.219-16 entitled, "Liquidated Damages-Subcontracting Plan."

Subcontracting Reports

An offeror is required to submit their respective subcontracting plan electronically using the U.S.

Department of Health and Human Services (HHS) Small Business Customer Experience (SBCX) system at https://osdbu.hhs.gov. The offeror shall follow the instructions outlined in the SBCX Industry Guide at: https://oamp.od.nih.gov/nih-document-generation-system/dgs-workform-information/attachment-files-section-j to successfully submit their subcontracting plan by the proposal submission deadline.

1. The official point of receipt for determining timely submission of an offeror's subcontracting plan is the SBCX system and/or email notification. Once the subcontracting plan is successfully submitted in the SBCX system the offeror should receive an email notification and confirmation message of completion upon submission.

3. If an offeror's subcontracting plan is not confirmed as received within the SBCX system by the proposal submission date specified in the solicitation, it will be considered late in https://osdbu.hhs.gov/ https://oamp.od.nih.gov/nih-document-generation-system/dgs-workform-information/attachment-files-section-j https://oamp.od.nih.gov/nih-document-generation-system/dgs-workform-information/attachment-files-section-j accordance with subparagraph (c)(3) of FAR Clause 52.215-1, Instructions to Offeror- Competition Acquisition. Disposition of late submittals of a subcontracting plan by an offeror via the SBCX system is at the discretion of the Contracting Officer.

4. Any technical questions regarding the use of the SBCX system may be submitted via email message to the SBCX help desk at client.support@apexlogic.com. The client support hours of operation are Monday - Friday, 6:00 a.m. - 8:00 p.m. Eastern Standard Time (EST). Note:

help desk tickets can be submitted 24 hours a day / 7 days a week and a representative will respond within the presented client support hours of operation for assistance.

5. Individual Subcontract Reports (ISR) The Contractor shall submit the following Subcontracting reports electronically via the "electronic Subcontracting Reporting System (eSRS) at http://www.esrs.gov .

Regardless of the effective date of this contract, the Report shall be due on the following dates for the entire life of this contract:

April 30th October 30th Expiration Date of Contract

6. Summary Subcontract Report (SSR)

Regardless of the effective date of this contract, the Summary Subcontract Report shall be submitted annually on the following date for the entire life of this contract:

October 30th

For both the Individual and Summary Subcontract Reports, the Contracting Officer shall be included as a contact for notification purposes at the following e-mail address:

Odessa McGlown Odessa.Mcglown@nih.gov

7.7 RIGHTS IN DATA

The Contractor agrees that upon completion (or termination with or without cause) of this contract, it shall have no property or possessor rights to any of the correspondence, files, or materials of whatever kind or description, or any copies or duplicates of such, whether developed or prepared by it or furnished to it by the Government in connection with the performance of this contract; and that upon demand it shall surrender immediately to the CO such items, matters, materials, and copies. The Contractor shall not provide any Government documents, information or licenses material in any form to sources not authorized by the Government, during or after performance of this contract, without the written approval of the COR.

mailto:client.support@apexlogic.com http://www.esrs.gov/ mailto:Odessa.Mcglown@nih.gov

To this end, the Contractor hereby agrees to accept the terms and conditions of FAR clause 52.227- 14, Rights in Data – General (May 2014) which is incorporated into this contract by reference.

7.8 ACKNOWLEDGMENT OF FEDERAL FUNDING

The Contractor shall clearly state, when issuing statements, press releases, requests for quotes, bid solicitations and other documents describing projects or programs funded in whole or in part with Federal money: (1) the percentage of the total prices 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 prices of the project or program that will be financed by nongovernmental sources.

7.9

DISSEMINATION OF FALSE OR DELIBERATELY MISLEADING INFORMATION

The Contractor shall not use contract funds to disseminate information that is deliberately false or misleading.

7.10 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.

7.11 GUN CONTROL

The Contractor shall not use contract funds in whole or in part, to advocate or promote gun control.

7.12 REPORTING MATTERS INVOLVING FRAUD, WASTE AND ABUSE

Anyone who becomes aware of the existence or apparent existence of fraud, waste and abuse in NIH funded programs is encouraged to report such matters to the HHS Inspector General's Office in writing or on the Inspector General's Hotline. The toll-free number is 1-800-HHS-TIPS (1-800-447- 8477). All telephone calls will be handled confidentially. The website to file a complaint on-line is:

http://oig.hhs.gov/fraud/hotline/ and the mailing address is:

US Department of Health and Human Services Office of Inspector General

ATTN: OIG HOTLINE OPERATIONS

PO Box 23489 Washington, D.C. 20026

7.13 TRANSITION

The Contractor shall provide all management, administrative, clerical, and supervisory functions required for the effective and efficient performance of this contract.

http://oig.hhs.gov/fraud/hotline/

A smooth and orderly transition between the Contractor and a predecessor or successor Contractor is necessary to ensure minimum disruption to vital Government business. The Contractor shall cooperate fully in the transition.

The Contractor shall adhere to the same professional and ethical standards of conduct required of Government personnel. The Contractor shall NOT:

• Discuss with unauthorized persons any information obtained in the performance of work under this contract.

• Conduct business not directly related to this contract on Government premises.

• Use computer systems and/or other Government facilities for company or personal business other than work related to this contract.

• Recruit on Government premises or otherwise act to disrupt official Government business

It is the Government’s intention to perform closeout procedures on contract. The Contractor agrees to perform those internal functions necessary to support this process in a timely manner. The contract closeout will occur as soon as possible after required audit and establishment of final rates, as applicable.

7.14 SECTION 508 COMPLIANCE

All reports required herein shall be submitted in electronic format. See SOW for additional information regarding 508 Compliance.

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."

8. CLAUSES & PROVISIONS

8.1

FAR CLAUSES/PROVISIONS INCORPORATED BY REFERENCE

This document incorporates one or more clauses and/or provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text may be accessed electronically at this address:

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses.

Reference Title Date

FAR 52.237-3 Continuity of Services Jan 1991 FAR 52.212-4 Contract Terms and Conditions—Commercial Products and

Commercial Services Nov 2023 http://www.hhs.gov/web/508/index.html http://www.hhs.gov/web/508/index.html https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses

FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services (May 2024)

(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:

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)).

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).

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).

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

52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023)

(31 U.S.C. 3903 and 10 U.S.C. 3801).

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

52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-

77 and 108-78 ( 19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial 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).

x (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).

https://www.acquisition.gov/far/52.203-19#FAR_52_203_19 https://www.acquisition.gov/far/52.204-23#FAR_52_204_23 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.acquisition.gov/far/52.209-10#FAR_52_209_10 https://www.acquisition.gov/far/52.232-40#FAR_52_232_40 https://www.govinfo.gov/link/uscode/31/3903 https://www.govinfo.gov/link/uscode/31/3903 https://www.govinfo.gov/link/uscode/10/3801 https://www.acquisition.gov/far/52.233-3#FAR_52_233_3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.233-4#FAR_52_233_4 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-6#FAR_52_203_6 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.govinfo.gov/link/uscode/10/4655 https://www.acquisition.gov/far/52.203-13#FAR_52_203_13 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-15#FAR_52_203_15 https://www.acquisition.gov/far/52.203-17#FAR_52_203_17 https://www.govinfo.gov/link/uscode/41/4712 https://www.acquisition.gov/far/3.900#FAR_3_900 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).

(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).

(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).

x (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 (Feb 2024) (15 U.S.C. 637(d)(2) and (3)).

x (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.

x (iii) Alternate II (Nov 2016) of 52.219-9.

(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.

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

x (24) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) (15 U.S.C.

https://www.acquisition.gov/far/52.204-10#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/52.204-14#FAR_52_204_14 https://www.acquisition.gov/far/52.204-15#FAR_52_204_15 https://www.acquisition.gov/far/52.204-27#FAR_52_204_27 https://www.acquisition.gov/far/52.204-28#FAR_52_204_28 https://www.govinfo.gov/link/plaw/115/public/390 https://www.acquisition.gov/far/52.204-30#FAR_52_204_30 https://www.govinfo.gov/link/plaw/115/public/390 https://www.govinfo.gov/link/plaw/115/public/390 https://www.acquisition.gov/far/52.204-30#FAR_52_204_30 https://www.acquisition.gov/far/52.209-6#FAR_52_209_6 http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title31-section6101&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/52.209-9#FAR_52_209_9 http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title41-section2313&num=0&edition=prelim https://www.acquisition.gov/far/52.219-3#FAR_52_219_3 http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title15-section637a&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title15-section637a&num=0&edition=prelim https://www.acquisition.gov/far/52.219-4#FAR_52_219_4 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 https://www.acquisition.gov/far/52.219-8#FAR_52_219_8 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-13#FAR_52_219_13 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-13#FAR_52_219_13 https://www.acquisition.gov/far/52.219-14#FAR_52_219_14 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-16#FAR_52_219_16 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3

637(d)(4)(F)(i)).

(25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran- Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (Feb 2024) (15 U.S.C. 657f).

(26) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Feb 2024) (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)).

(29) 52.219-32, Orders Issued…