Sol_75N98024R00019.pdf
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- NIH Fleet Management and Maintenance
- Solicitation number
- 75N98024R00019
About this file
This document is a solicitation (RFP 75N98024R00019) from the Department of Health and Human Services National Institutes of Health (NIH) for Fleet Management, Maintenance, Repair and Towing Services for government-owned vehicles.
The objective is to provide scheduled maintenance, routine and emergency repairs on the various vehicles listed in the Schedule of Equipment. The contract will be a fixed-price, indefinite-delivery/indefinite-quantity contract with a 5-year period of performance from October 1, 2024 through September 30, 2029, including a base year and four one-year option periods. The contractor shall possess their own repair facility and provide all parts, labor, and perform preventative maintenance, unscheduled repairs, and emergency repair services in accordance with manufacturer specifications. The contract has a minimum value of $0 and a maximum value of $2,156,922. Proposals are due by June 21, 2024 at 12:00 PM EST. This is a small business set-aside with a NAICS code of 81111 and a size standard of $9.0M.
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75N98024R00019
SOLICITATION, OFFER AND AWARD
4. TYPE OF SOLICITATION2. CONTRACT NUMBER 3. SOLICITATION NUMBER
7. ISSUED BY CODE 8. ADDRESS OFFER TO (If other than Item 7)
ORDER UNDER DPAS (15 CFR 700)
6. REQUISITION/PURCHASE NUMBER
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
NEGOTIATED (RFP)
SEALED BID (IFB)
5. DATE ISSUED
1. THIS CONTRACT IS A RATED RATING PAGE OF PAGES
1 54
C. E-MAIL ADDRESS
EXT.NUMBERAREA CODE
B. TELEPHONE (NO COLLECT CALLS)A. NAME
10. FOR
INFORMATION
CALL:
CAUTION: LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.
(Date)(Hour) local timeuntildepository located in copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if hand carried, in the
SOLICITATION
9. Sealed offers in original and
PART IV - REPRESENTATIONS AND INSTRUCTIONS
OTHER STATEMENTS OF OFFERORS
EVALUATION FACTORS FOR AWARD
INSTRS., CONDS., AND NOTICES TO OFFERORS
REPRESENTATIONS, CERTIFICATIONS AND
LIST OF ATTACHMENTS
CONTRACT CLAUSES
PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.
I
J
K
L
M SPECIAL CONTRACT REQUIREMENTS
CONTRACT ADMINISTRATION DATA
DELIVERIES OR PERFORMANCE
INSPECTION AND ACCEPTANCE
PACKAGING AND MARKING
DESCRIPTION/SPECS./WORK STATEMENT
SUPPLIES OR SERVICES AND PRICES/COSTS
SOLICITATION/CONTRACT FORM
PART II - CONTRACT CLAUSESPART I - THE SCHEDULE
H
G
F
E
D
C
B
A
SEC. DESCRIPTION PAGE(S) (X) DESCRIPTION SEC. (X)
11. TABLE OF CONTENTS
18. OFFER DATE17. SIGNATURE
SUCH ADDRESS IN SCHEDULE.
IS DIFFERENT FROM ABOVE - ENTER
15C. CHECK IF REMITTANCE ADDRESS
EXT.NUMBERAREA CODE
15B. TELEPHONE NUMBER
(Type or print)AND
ADDRESS
OF
OFFEROR
CODE FACILITY
16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER15A. NAME
DATEAMENDMENT NO.DATEAMENDMENT NO.
and related documents numbered and dated):
amendments to the SOLICITATION for offerors
(The offeror acknowledges receipt of
14. ACKNOWLEDGEMENT OF AMENDMENTS
CALENDAR DAYS (%)30 CALENDAR DAYS (%)20 CALENDAR DAYS (%)10 CALENDAR DAYS (%)
(See Section I, Clause No. 52.232.8)
13. DISCOUNT FOR PROMPT PAYMENT
designated point(s), within the time specified in the schedule.
by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the
NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.
OFFER (Must be fully completed by offeror)
IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.
28. AWARD DATE
(Signature of Contracting Officer)
27. UNITED STATES OF AMERICA
25. PAYMENT WILL BE MADE BY
26. NAME OF CONTRACTING OFFICER (Type or print)
CODE 24. ADMINISTERED BY (If other than Item 7)
ITEM
(4 copies unless otherwise specified)
23. SUBMIT INVOICES TO ADDRESS SHOWN IN
41 U.S.C. 3304 (a) ( 10 U.S.C. 2304 (c) (
22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:
21. ACCOUNTING AND APPROPRIATION20. AMOUNT19. ACCEPTED AS TO ITEMS NUMBERED
AWARD (To be completed by government)
CODE
05/21/2024 X
OD/OLAO-OA
National Institutes of Health Office of Logistics and Office of Administration 6011 Executive Blvd Rockville, MD 20852-3804
Isaac Bellamy Isaac.bellamy@nih.gov
1200 ED 06/21/2024
ISAAC J BELLAMY 301
isaac.bellamy@nih.gov
480-7093
PAGE(S)
DANIELLE C. SWEENEY
AUTHORIZED FOR LOCAL REPRODUCTION
Previous edition is unusable
STANDARD FORM 33 (REV. 6/2014)
Prescribed by GSA - FAR (48 CFR) 53.214(c)
12. In compliance with the above, the undersigned agrees, if this offer is accepted within _____0_________ calendar days (60 calendar days unless a different period is inserted
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
2 54
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
75N98024R00019
(A) (B) (C) (D) (E) (F)
NIH Fleet Management and Preventative Repair and
Maintenance
Period of Performance: 10/01/2024 to 09/30/2029
1 Base Year
October 1, 2024 Through September 30, 2025
Product/Service Code: 2310
Product/Service Description: PASSENGER MOTOR
VEHICLES
2 Option Year 1
October 1, 2025 Through September 30, 2026
(Option Line Item)
Product/Service Code: 2310
Product/Service Description: PASSENGER MOTOR
VEHICLES
Period of Performance: 10/01/2025 to 09/30/2026
3 Option Year 2
October 1, 2026 Through September 30, 2027
(Option Line Item)
Product/Service Code: 2310
Product/Service Description: PASSENGER MOTOR
VEHICLES
Period of Performance: 10/01/2026 to 09/30/2027
4 Option Year 3
October 1, 2027 Through September 30, 2028
(Option Line Item)
Product/Service Code: 2310
Product/Service Description: PASSENGER MOTOR
VEHICLES
Period of Performance: 10/01/2027 to 09/30/2028
5 Option Year 4
October 1, 2028 Through September 30, 2029
(Option Line Item)
Product/Service Code: 2310
Product/Service Description: PASSENGER MOTOR
VEHICLES
Period of Performance: 10/01/2028 to 09/30/2029
OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
NSN 7540-01-152-8067
SECTION B - Supplies or Services and Prices/Costs
SECTION C - Description/Specifications/Work Statement
SECTION D - Packaging, Marking, and Shipping
SECTION E - Inspection and Acceptance
SECTION F - Deliveries or Performance
SECTION G - Contract Administration Data
SECTION H - Special Contract Requirements
SECTION I - Contract Clauses
SECTION J - List of Documents, Exhibits and Other Attachments
SECTION K - Representations, Certifications, and Other Statements of Bidders
SECTION L - Instructions,Conditions, and Notices to Bidders
SECTION M - Evaluation Factors for Award
SECTION B - Supplies or Services and Prices/Costs
ARTICLE B.1. PRICES/COSTS
a. This is an Indefinite Quantity contract as contemplated by FAR 16.504. The Contractor shall be reimbursed by the Government in an amount not less than a total of $0 (minimum) nor more than a total of $2,156,922.00 (maximum) for successful performance of this contract.
b. The [costs/prices] set forth in this ARTICLE will cover the contract period 10/01/2024 through 09/30/2029.
c. The Government will issue [Task/Delivery] Orders based on the work described in SECTION C of this contract and the following schedule. Upon delivery and acceptance of the item(s) described in each Task Order, the Government shall pay to the Contractor the [unit price(s)/costs] set forth below:
SCHEDULE OF CHARGES FOR THE BASIC AWARD PERIOD: 10/01/2024 through 09/30/2025
Description of Item Quantity Unit Price Fleet Management Services 12 Month
SCHEDULE OF CHARGES FOR OPTION YEAR 1: 10/01/2025 through 09/30/2026
Description of Item Quantity Unit Price Fleet Management Services 12 Month
SCHEDULE OF CHARGES FOR OPTION YEAR 2: 10/01/2026 through 09/30/2027
Description of Item Quantity Unit Price Fleet Management Services 12 Month
SCHEDULE OF CHARGES FOR OPTION YEAR 3: 10/01/2027 through 09/30/2028
Description of Item Quantity Unit Price Fleet Management Services 12 Month
SCHEDULE OF CHARGES FOR OPTION YEAR 4: 10/01/2028 through 09/30/2029
Description of Item Quantity Unit Price Fleet Management Services 12 Month
ARTICLE B.2. CONTRACT TYPE
This is a Fixed-Price, Indefinite Delivery- Indefinite Quantity Contract. The period of performance will be from October 1, 2024 through September 30, 2025 which includes a basic contract period and four (4) one-year option periods.
SECTION C - Description/Specifications/Work Statement
Independently and not as an agent of the Government, the Contractor shall be required to furnish all the necessary services, qualified personnel, material, equipment, and facilities, not otherwise provided by the Government, as needed to perform the Statement of Work, included hereto and made a part of this Solicitation.
Title: Fleet Management, Maintenance, Repair and Towing Service
ARTICLE C.1. Introduction, Background. and Scope of Work.
a. NIH is seeking a qualified contractor to provide Maintenance, Repairs and Towing services for Government Owned Vehicles.
The objective is to provide scheduled maintenance and routine and emergency repairs on the various vehicles as listed under the Schedule of Equipment. The Contractor shall provide preventative maintenance service on a regular basis to include unscheduled repairs at a fixed, contract price to maintain the government owned vehicles.
The principal period of scheduled maintenance during the Contract, provided at the Contractors site, for service maintenance support, is between the hours of 7:00 a.m. and 4:00 p.m. (EST), Monday through Friday, excluding government and corporate holidays.
ARTICLE C.2. Required Services:
i. The Contractor shall provide all parts, labor, and perform preventative maintenance, and unscheduled repairs and emergency repair services in accordance with the latest manufacture specifications for the equipment listed in the Schedule of Equipment.
ii. The contractor will posses their own repair facility fully equipped with the machinery and special tools to accomplish all manner of repair and service work on NIH vehicle assets.
iii. Unscheduled repairs and emergency repair services shall be performed in accordance with the latest manufacture specifications for equipment listed in the Schedule of Equipment.
iv. The Contractor shall provide all parts, labor, and shipping charges in accordance with the terms and conditions of the contract.
v. The Contractor shall provide transport of vehicles to and from their place of operation if over ten
(10) miles from the NIH campus, otherwise, vehicles may be driven from NIH main campus to Contractor’s place of operation and back to NIH main campus upon completion of repairs.
vi. Contractor shall provide transport of vehicles to Certified Maryland Emission Station for inspections at the time specified by the NIH/FMB.
vii. Contractor shall coordinate and provide transport of vehicles to locations that provide warranty and recall repairs and to vendors that offer specialty type services including but not limited to body repairs, transmission repairs, and specific computer related repairs, etc. Contractor shall coordinate all dealership repairs, Recalls and Warranty.
viii. Contractor shall possess ability to provide monthly reports to include but not limited to vehicle repair invoices, and recycled product use such as antifreeze and oil, etc.
iv. A technically qualified and ASE certified individual shall perform all services. All assigned personnel will have documented records of customer/field service.
ix. Routine Vehicle Maintenance as specified and below:
Preventative Maintenance Services for all vehicles shall be in accordance with the latest manufacture specifications and include but not be limited to:
1. Air Conditioning Service/Change
2. Antifreeze, Service/Change
3. Charging System and Battery, Testing, Maintenance and/or Replacement
4. Brake Maintenance/Repair (includes cleaning & adjusting rear brakes)
5. Fuel Injectors, Clean
6. Circuit Boards, Clean/Replacement
7. Engines and transmissions, Maintenance/Rebuild
8. Fuel Tanks and Filters, Upkeep
9. Hydraulics
10. Tires, Service, Mounting, Rotation, Balance
11. Fluids and Fluid Lines
12. Front End Alignment
13. Induction System Service (Fuel Injection)
14. Rear Axle Service
15. Headlight - Replacement, Alignment
x. The Contractor shall repair or replace any defective parts on-site at the Contractors facility. All repaired or replaced parts shall be warranted and serviced if required for the duration of the original Service Contract agreement period. The Contractor shall only provide replacement parts from the original manufacture of the equipment under service. The use of third-party replacement parts will invalidate this Service Contract.
xi. The Contractor's repair facility will have (in possession at the time of service) all the original equipment manufacturer's service guidelines. These guidelines will be available for the inspection by the government COR.
xii. All equipment shall be operationally tested at the end of the required maintenance inspection/repair to assure optimum and efficient performance.
xiii. The equipment will be tested in all modes of operation, and at the end of the verification, the Contractor will provide a signed copy of the service ticket as proof of performance. All replacement/repair materials will meet original equipment and manufacturer specifications, as defined at the original installation.
ARTICLE C.3. Other Terms and Conditions:
i. Upon receipt of notification that the unit is not functioning properly the Contractor shall, within twenty-four (24) continuous hours of notification except on weekends and government holidays, furnish a qualified factory trained service representative (on-site) to verify the problem and perform all necessary repairs and adjustments necessary to restore the vehicle to normal and efficient operating conditions. COR must be notified immediately of any delay in response time or if repairs are delayed due to availability of parts, etc., after initial inspection/evaluation.
ii. All parts shall be stocked locally by the Contractor or be available to the Contractor by the next business day. If this is not possible then the COR must be notified within 24 hours.
iii. The COR is not authorized to request any service that is not specifically sited, to change the terms and conditions of the contract; to request "extras" of any kind, or to in any way commit the government to any additional expenditures of any kind.
iv. When vehicle(s) is returned from maintenance to NIH/FMB the Contractor shall provide an invoice and send email copy the same day of the vehicle repair invoices to the NIH/FMB.
v. Contractor shall provide an itemized summary on the repairs on each vehicle i.e. Labor Rates, Man Hours, Parts and Description of the repairs/services.
vi. Contractors provide dates and mileage on repair invoice when the vehicle goes in for service and returns from services.
vii. Contractor must provide a Master Invoice summary the 1st of every month with the following:
Itemized labor and parts cost, Services, Towing, Transport, and administrative charges for that month.
viii. Contractor will only charge actual cost for any shop supplies used during repairs and will provide an itemized breakdown of said supplies.
ARTICLE C.4. Service Personnel:
i. All personnel servicing equipment under this contract must have ASE certification and compatible training on the equipment listed in the Schedule of Equipment and has at least two years of experience for the equipment they are working on. All service persons will be employed by the contract vendor.
ii. All primary service personnel will have at least one backup support technician who will have at least the same level expertise on the equipment listed in the Schedule of Equipment.
iii. Proof of experience with the unit is required and will be submitted to the end user as accreditation requirement. This must list ASE certification in the areas of certification of the vehicle and/or equipment listed for both the primary technician and the backup technician.
iv. To demonstrate the ability to maintain and support the complexity of the various preventative maintenance schedules on the numerous and different levels of equipment as listed in the Schedule of Equipment the vendor will provide no less than three customer references from existing service contracts with identical equipment upon request.
ARTICLE C.5. Service Tickets:
i. Contractors shall provide within two (2) working days after the completion of service, a service ticket signed by the COR, verifying that the required services were performed in accordance with the manufacturer's specifications. Service tickets will be emailed to the NIH Fleet office personnel.
ii. Each ticket for the service call shall contain at least the following:
1. Contract Number
2. Vehicle Tag Number
3. Vehicle Identification Number
4. Problem and remedy
5. Time (including labor and travel)
6. Parts removed and installed
7. User's and service technician's signatures
iii. Contractor to provide car wash/vacuum at no charge after any/all services.
iv. Contractor to provide an itemized list of all charges mandated by State and/or Federal Laws.
SECTION D - 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.
Each ticket for the service call shall contain at least the following:
1. Contract Number
2. Vehicle Tag Number
3. Invoice number
4. Vehicle Identification Number
5. Problem and remedy
6. Time (including labor and travel) itemized labor hours per unit of work i.e. Mitchel or All data labor units
7. Parts removed and installed
8. User's and service technician's signatures
9. Date and mileage on the invoice when the vehicle goes in for service/returns from services.
SECTION E - Inspection and Acceptance
All deliverables required under this contract shall be in electronic format, an in accordance with Government specifications. At a minimum, all deliverables shall be marked with the contract number and Contractor name.
a. The Contracting Officer or the duly authorized representative will perform inspection and acceptance of materials and services to be provided.
b. For the purpose of this SECTION, (THE COR) is the authorized representative of the Contracting Officer.
c. Inspection and acceptance will be performed at: THE GOVERNMENT'S SITE.
Acceptance may be presumed unless otherwise indicated in writing by the Contracting Officer or the duly authorized representative within 30 days of receipt.
d. This contract incorporates the following clause by reference, with the same force and effect as if it were given in full text. Upon request, the Contracting Officer will make its full text available.
SECTION F - Deliveries or Performance
ARTICLE F.1. PERIOD OF PERFORMANCE
a. The period of performance of this contract shall be from October 1, 2024 through September 30, 2025.
b. If the Government exercises its option(s) pursuant to the OPTION PROVISION Article in Section H of this contract, the period of performance will be increased as listed below:
Option Option Period 1 October 1, 2025 through September 30, 2026 2 October 1, 2026 through September 30, 2027 3 October 1, 2027 through September 30, 2028 4 October 1, 2028 through September 30, 2029
ARTICLE F.2. DELIVERIES
Satisfactory performance of the final contract shall be deemed to occur upon performance of the work described in the Statement of Work Article in SECTION C of this contract and upon delivery and acceptance by the Contracting Officer, or the duly authorized representative.
ARTICLE F.3. CLAUSES INCORPORATED BY REFERENCE, FAR 52.252-2 (FEBRUARY 1998)
This contract incorporates the following clause(s) by reference, with the same force and effect as if it were given in full text. Upon request, the Contracting Officer will make its full text available. Also, the full text of a clause may be accessed electronically at this address:
https://www.acquisition.gov/?q=browsefar.
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSE:
52.242-15, Stop Work Order (August 1989), Alternate I 52.242-17, Government Delay of Work (April 1984) 52.246-1, Contractor Inspection Requirements (April 1984).
52.246-2, Inspection of Supplies - Fixed Price (August 1996).
52.246-4, Inspection of Services - Fixed Price (August 1996).
https://www.acquisition.gov/?q=browsefar
SECTION G - Contract Administration Data
ARTICLE G.1. CONTRACTING OFFICER'S REPRESENTATIVE (COR)
The following Contracting Officer's Representative (COR) will represent the Government for the purpose of this contract:
***TO BE PROVIDED AT AWARD
The following Contracting Officer (CO) will represent the Government for the purpose of this contract:
Danielle Sweeney
The following Contracting Specialist (CS) will represent the Government for the purpose of this contract:
Isaac Bellamy
The COR is responsible for: (1) monitoring the Contractor's technical progress, including the surveillance and assessment of performance and recommending to the Contracting Officer changes in requirements; (2) interpreting the statement of work and any other technical performance requirements; (3) performing technical evaluation as required; (4) performing technical inspections and acceptances required by this contract; and (5) assisting in the resolution of technical problems encountered during performance.
The Contracting Officer is the only person with authority to act as agent of the Government under this contract. Only the Contracting Officer has authority to: (1) direct or negotiate any changes in the statement of work; (2) modify or extend the period of performance; (3) change the delivery schedule;
(4) authorize reimbursement to the Contractor for any costs incurred during the performance of this contract; (5) otherwise change any terms and conditions of this contract; or (6) sign written licensing agreements. Any signed agreement shall be incorporated by reference in Section K of the contract
The Government may unilaterally change its COR designation.
ARTICLE G.2. 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.
***TO BE DETERMINED AT AWARD
ARTICLE G.3. INVOICE SUBMISSION
Please Note: NIH/OFM will NOT accept any invoices postmarked and/or delivered in-person on/after December 1, 2020.
The Contractor must submit invoices to the Department of Treasury's Invoice Processing Platform (IPP) at https://www.ipp.gov with a copy of the invoice to the approving official, as directed below.
Until the Contract has transitioned to IPP as specified on the OALM IPP website, the Contractor must follow step-by-step instructions as stated in the NIH/OFM Electronic Invoicing Instructions for NIH Contractors/Vendors, which is included as an attachment in Section J of this contract. The invoice submitted to the NIH/OFM must be transmitted as an attachment via email to the address listed above in one of the following formats: Word, or Adobe Portable Document Format (PDF). The Contractor must submit only one invoice per email. Do not submit supporting documentation (e.g., receipts, time sheets, vendor invoices, etc.) with your invoice unless specified elsewhere in the contract or requested by the Contracting Officer.
In addition to the requirements specified in FAR 32.905 for a proper invoice, the Contractor shall include the following information on the face page of all payment requests:
Name of the Office of Acquisitions.
Federal Taxpayer Identification Number (TIN). If the Contractor does not have a valid TIN, it shall identify the Vendor Identification Number (VIN) on the payment request. The VIN is the number that appears after the Contractor's name on the face page of the contract. [Note: A VIN is assigned to new contracts awarded on or after June 4, 2007, and any existing contract modified to include the VIN number.] If the Contractor has neither a TIN, Unique Entity Identifier (UEI), or VIN, contact the Contracting Officer. Note: The Contractor shall not include TIN if it is a Social Security Number.
Unique Entity Identifier (UEI). The UEI is located in the System for Award Management (SAM) and replaces the Dun & Bradstreet Data Universal Numbering System (DUNS) number. The UEI number must identify the Contractor's name and address exactly as stated in the contract and as registered in the Central Contractor Registration (CCR) database. If the Contractor does not have a valid UEI https://www.ipp.gov/ number, it shall identify the Vendor Identification Number (VIN) on the payment request. The VIN is the number that appears after the Contractor's name on the face page of the contract. [Note: A VIN is assigned to new contracts awarded on or after June 4, 2007, and any existing contract modified to include the VIN number.] If the Contractor has neither a TIN, UEI, or VIN, contact the Contracting Officer.
Invoice Matching Option. This contract requires a two-way match.
Unique Invoice Number. Each payment request must be identified by a unique invoice number, which can only be used one time regardless of the number of contracts or orders held by an organization.
The Contract Title is:
Contract Line Items as follows:
Line Item # Line Item Description
ARTICLE G.4. POST AWARD EVALUATION OF CONTRACTOR PERFORMANCE
a. Contractor Performance Evaluations Interim and Final evaluations of Contractor performance will be prepared on this contract in accordance with FAR Subpart 42.15. The Final performance evaluation will be prepared at the time of completion of work. In addition to the Final evaluation, Interim evaluation(s) will be prepared Annually as follows on February 1, 2020 .
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.
b. 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
ARTICLE G.5. GOVERNMENT PROPERTY
If this RFP will result in the acquisition or use of Government Property provided by the contracting agency or if the Contracting Officer authorizes in the preaward negotiation process, the acquisition of property (other than real property), this ARTICLE will include applicable provisions and incorporate the HHS Publication, entitled, "HHS Contracting Guide for Contract of Government Property," which can be found at:
http://www.cpars.gov/ https://oamp.od.nih.gov/sites/default/files/DGS/HHS%20Contracting%20Guide%20for%20Contract%2 0of%20Government%20Property-Appendix%20Q.pdf.
ARTICLE G.6. METHOD OF TASK ORDERING
a. Task Orders issued under this contract may be placed as follows:
The Consignees/Ordering Officials shall approve all orders (including written confirmation of all oral/telephonic orders and online orders) involving requests for supplies and /or services under this contract. Each physical delivery shall be accompanied by a packing slip or other evidence of delivery/performance. A record of electronic deliveries shall be made available through the Contractor’s web-based system for review. The authorized designee is the COR.
b. The Contracting Officer is authorized to issue task orders and provide written confirmation of oral orders, if applicable, under the contract.
c. Task Orders issued under this contract may be placed as follows:
[X] in writing [] telephone [] via facsimile (fax) [X] via electronic mail (e-mail) [] Oral [Oral Orders will be confirmed in writing within days of issuance. [] Other Specify:
d. The Contracting Officer is authorized to issue task orders and provide written confirmation of oral orders, if applicable, under the contract.
https://oamp.od.nih.gov/sites/default/files/DGS/HHS%20Contracting%20Guide%20for%20Contract%20of%20Government%20Property-Appendix%20Q.pdf https://oamp.od.nih.gov/sites/default/files/DGS/HHS%20Contracting%20Guide%20for%20Contract%20of%20Government%20Property-Appendix%20Q.pdf
SECTION H - Special Contract Requirements
ARTICLE H.1. ACKNOWLEDGEMENT OF FEDERAL FUNDING
The Contractor shall clearly state, when issuing statements, press releases, requests for proposals, bid solicitations and other documents describing projects or programs funded in whole or in part with Federal money: (1) the percentage of the total costs of the program or project which will be financed with Federal money; (2) the dollar amount of Federal funds for the project or program; and (3) the percentage and dollar amount of the t otal costs of the project or program that will be financed by nongovernmental sources.
ARTICLE H.2. OPTION PROVISION
Unless the Government exercises its option pursuant to the Option Clause set forth in SECTION I., the contract will consist only of the Base Period of the Statement of Work as defined in Sections C and F of the contract. Pursuant to FAR Clause 52.217-9, Option to Extend the Term of the Contract set forth in SECTION I. of this contract, the Government may, by unilateral contract modification, require the Contractor to perform additional options set forth in the Statement of Work and also defined in Sections C and F of the contract. If the Government exercises this option, notice must be given at least 60 days prior to the expiration date of this contract, and the price of the contract will be increased as set forth in the OPTION PRICES] Article in SECTION B of this contract.
ARTICLE H.3. 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
P.O. Box 23489 Washington, D.C. 20026
SECTION I - Contract Clauses
ARTICLE I.1. GENERAL CLAUSES
THE FOLLOWING ARTICLE I.1. GENERAL CLAUSE LISTING(S) WILL BE APPLICABLE TO MOST CONTRACTS
RESULTING FROM THIS RFP. HOWEVER, THE ORGANIZATIONAL STRUCTURE OF THE SUCCESSFUL
OFFEROR(S) WILL DETERMINE THE SPECIFIC GENERAL CLAUSE LISTING TO BE CONTAINED IN THE
CONTRACT(S) AWARDED FROM THIS RFP:
The complete listing of these clauses may be accessed at: https://oamp.od.nih.gov/DGS/reference-material-prospective-offerors-and-contractorsa. FEDERAL ACQUISITION REGULATION (FAR) (48 CFR
CHAPTER 1) CLAUSES:
FAR
CLAUSE
NO.
DATE TITLE
52.202-
Jun2020 Definitions (Over the Simplified Acquisition Threshold)
52.203-
Apr1984 Gratuities (Over the Simplified Acquisition Threshold)
52.203-
May2014 Covenant Against Contingent Fees (Over the Simplified Acquisition Threshold)
52.203-
Jun2020 Restrictions on Subcontractor Sales to the Government (Over the Simplified Acquisition Threshold)
52.203-
Jun2020 Anti-Kickback Procedures (Over $150,000)
52.203-
May2014 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (Over the Simplified Acquisition Threshold)
52.203-
May2014 Price or Fee Adjustment for Illegal or Improper Activity (Over the Simplified Acquisition Threshold)
52.203-
Jun2020 Limitation on Payments to Influence Certain Federal Transactions (Over $150,000)
52.203-
Nov2023 Contractor Employee Whistleblower Rights (All Contracts Including at or below the Simplified Acquisition Threshold including Commercially Available Off-the-Shelf Items)
52.203-
Jan2017 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements
52.204-
May2011 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper(Over the Simplified Acquisition Threshold)
52.204-
Jun2020 Reporting Executive Compensation and First-Tier Subcontract Awards
52.204-
Oct2018 System for Award Management Maintenance
52.204-
Nov2021 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment https://oamp.od.nih.gov/DGS/reference-material-prospective-offerors-and-contractors https://oamp.od.nih.gov/DGS/reference-material-prospective-offerors-and-contractors
FAR
CLAUSE
NO.
DATE TITLE
52.209-
Nov2021 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment
52.215-
Jun2020 Audit and Records - Negotiation
52.215-
Oct1997 Order of Precedence - Uniform Contract Format
52.215-
Aug2011 Price Reduction for Defective Certified Cost or Pricing Data (Over $750,000)
52.215-
Jun2020 Subcontractor Certified Cost or Pricing Data
52.215-
Oct2010 Pension Adjustments and Asset Reversions (Over $750,000)
52.215-
Jul2005 Reversion or Adjustment of Plans for Post-Retirement Benefits (PRB) other than Pensions
52.215-
Oct1997 Notification of Ownership Changes
52.215-
Nov2021 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data - Modifications
52.219-
Sep2023 Utilization of Small Business Concerns (Over the Simplified Acquisition Threshold)
52.219-
Sep2023 Small Business Subcontracting Plan (Over $750,000, $1.5 million for Construction)
52.219-
Oct2022 Limitations on Subcontracting
52.219-
Sep2021 Liquidated Damages - Subcontracting Plan (Over $750,000, $1.5 million for Construction)
52.222-
Jun2003 Convict Labor
52.222-
Apr2015 Prohibition of Segregated Facilities
52.222-
Sep2016 Equal Opportunity
52.222-
Jun2020 Equal Opportunity for Veterans ($150,000 or more)
52.222-
Jun2020 Equal Opportunity for Workers with Disabilities
52.222-
Jun2020 Employment Reports on Veterans ($150,000 or more)
52.222-
Dec2010 Notification of Employee Rights Under the National Labor Relations Act (Over the Simplified Acquisition Threshold)
CLAUSE
NO.
DATE TITLE
52.222-
Nov2021 Combating Trafficking in Persons
52.222-
May2022 Employment Eligibility Verification (Over $150,000)
52.223-
May2001 Drug-Free Workplace
52.223-
Jun2020 Encouraging Contractor Policies to Ban Text Messaging While Driving
52.225-
Oct2022 Buy American - Supplies
52.225-
Feb2021 Restrictions on Certain Foreign Purchases
52.227-
Jun2020 Authorization and Consent
52.227-
Jun2020 Notice and Assistance Regarding Patent and Copyright Infringement
52.229-
Feb2013 Federal, State and Local Taxes (Over the Simplified Acquisition Threshold)
52.229-
Feb2013 Federal, State, and Local Taxes (State and Local Adjustments) (Over the Simplified Acquisition Threshold)
52.232-
Apr1984 Payments
52.232-
Feb2002 Discounts for Prompt Payment
52.232-
Apr1984 Limitation on Withholding of Payments
52.232-
Apr1984 Extras
52.232-
May2014 Interest (Over the Simplified Acquisition Threshold)
52.232-
May2014 Assignment of Claims
52.232-
Jan2017 Prompt Payment
52.232-
Oct2018 Payment by Electronic Funds Transfer--System for Award Management
52.232-
Jun2013 Unenforceability of Unauthorized Obligations
52.233-
May2014 Disputes
CLAUSE
NO.
DATE TITLE
52.233-
Aug1996 Protest After Award
52.233-
Oct2004 Applicable Law for Breach of Contract Claim
52.242-
Jul1995 Bankruptcy (Over the Simplified Acquisition Threshold)
52.243-
Aug1987 Changes - Fixed-Price, Alternate I (Apr 1984)
52.244-
Dec2023 Subcontracts for Commercial Products and Commercial Services
52.246-
Feb1997 Limitation of Liability - Services (Over the Simplified Acquisition Threshold)
52.249-
Apr1984 Termination for Convenience of the Government (Services) (Short Form)
52.249-
Apr1984 Default (Fixed-Price Supply and Service)(Over the Simplified Acquisition Threshold)
52.253-
Jan1991 Computer Generated Forms
b. DEPARTMENT OF HEALTH AND HUMAN SERVICES ACQUISITION REGULATION (HHSAR) (48 CFR
CHAPTER 3) CLAUSES:
HHSAR
CLAUSENO.
DATE TITLE
352.203-70 Dec2015 Anti-Lobbying 352.222-70 Dec2015 Contractor Cooperation in Equal Employment Opportunity Investigations 352.227-70 Dec2015 Publications and Publicity 352.237-75 Dec2015 Key Personnel
[End of GENERAL CLAUSES FOR A NEGOTIATED FIXED-PRICE SERVICE CONTRACT- Rev. 11/2023].
ARTICLE I.2. AUTHORIZED SUBSTITUTION OF CLAUSES
Any authorized substitutions and/or modifications other than the General Clauses which will be based on the type of contract/Contractor will be determined during negotiations.
It is expected that the following substitution(s) will be made part of the resultant contract:
ARTICLE I.3. ADDITIONAL CONTRACT CLAUSES IN FULL TEXT
Additional clauses other than those listed below which are based on the type of contract/Contractor shall be determined during negotiations. Any contract awarded from this solicitation will contain the following:
This contract incorporates the following clauses in full text.
FEDERAL ACQUISITION REGULATION (FAR) (48 CFR CHAPTER 1) CLAUSES
A. FAR 52.216-18 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 10/01/2024 through 09/30/2029.
(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.
(End of clause)
B. FAR 52.216-22 Indefinite Quantity. (OCT 1995)
(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the maximum. The Government shall order at least the quantity of supplies or services designated in the Schedule as the minimum.
(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(d) 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 09/30/2029.
(End of clause)
C. FAR Clause 52.217-9 Option to Extend the Term of the Contract (Mar 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.
D. FAR 52.219-6 Notice of Total Small Business Set-Aside. (NOV 2020)
(a) Definition. Small business concern, as used in this clause-
(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.
(2) Affiliates, as used in paragraph (a)(1) of this clause, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.
(b) Applicability. This clause applies only to-
(1) Contracts that have been totally set aside for small business concerns; and
(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).
(c) General. (1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.
(2) Any award resulting from this solicitation will be made to a small business concern.
(End of clause)
E. FAR 52.232-18 Availability of Funds. (APR 1984)
Funds are not presently available for this contract. The Government’s obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.
(End of clause)
DEPARTMENT OF HEALTH AND HUMAN SERVICES ACQUISITION REGULATION (HHSAR) (48 CFR
CHAPTER 3) CLAUSES
NIH LOCAL CLAUSES
ARTICLE I.4. SERVICE CONTRACT LABOR STANDARDS
Any contract awarded from this RFP will contain the following article:
SERVICE CONTRACT LABOR STANDARDS
This contract is subject to the Service Contract Labor Standards. The following clauses are hereby incorporated and made a part of this contract.
FAR 52.222-55 Minimum Wages Under Executive Order 13658 (December 2015)
SECTION J - List of Documents, Exhibits and Other Attachments
Attachment Number Title Number of Pages 1 Fleet Vehicles 9 2 Invoice Instructions 3 3 Instructions for Submitting Electronic Invoices 5 4 Disclosure of Lobbying Activities 2 5 Past performance Questionnaire 5
SECTION K - Representations, Certifications, and Other Statements of Bidders
1. Go to the System for Award Management (SAM) and complete the Representations and Certifications. The SAM website may be accessed at: https://www.sam.gov/content/home ; and
2. Complete and INCLUDE as part of your BUSINESS PROPOSAL: SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS which is included as an Attachment in Section J-LIST OF ATTACHMENTS, SOLICITATION ATTACHMENTS of this solicitation. If you are unable to access this SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS electronically, you may request a copy from the Contracting Officer identified on the cover page of this solicitation.
3. FAR Clause 52.204-19 Incorporation by Reference of Representations and Certifications (December 2014). The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract. (End of clause).
https://www.sam.gov/content/home
SECTION L - Instructions, Conditions, and Notices to Bidders
1. GENERAL INFORMATION
a. INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION [FAR Provision 52.215-1 (January 2017)]
a. Definitions. As used in this provision--
"Discussions" are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer's discretion, result in the offeror being allowed to revise its proposal.
"In writing", "writing", or "written" means any worded or numbered expression that can be read, reproduced, and later communicated, and includes electronically transmitted and stored information. "Proposal modification" is a change made to a proposal before the solicitation's closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award. "Proposal revision" is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations.
"Time," if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays.
However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.
b. Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).
c. Submission, modification, revision, and withdrawal of proposals.
1. Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror. Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.
2. The first page of the proposal must show--
i. The solicitation number;
ii. The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available);
iii. A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;
iv. Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror's behalf with the Government in connection with this solicitation; and
v. Name, title, and signature of person authorized to sign the proposal.
Proposals signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing office.
3. Submission, modification, revision, and withdrawal of proposals.
(i) Offerors are responsible for submitting proposals, and any modifications or revisions, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that proposal or revision is due.
(ii) (A) Any proposal, modification, or revision received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--
(1) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of proposals; or
(2) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or
(3) It is the only proposal received.
(B) However, a late modification of an otherwise successful proposal that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.
(iii) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the proposal wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.
(iv) If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation, the time specified for receipt of proposals will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.
(v) Proposals may be withdrawn by written notice received at any time before award. Oral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision at…
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