Sol_75N99024R00049.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

ORF

Bethesda, Maryland 20892 OD - Office of Research Facilities 9000 Rockville Pike bldg 13-2E47 Anazette Andrews

CODE 16. ADMINISTERED BYCODE

X

X

X

423610

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORORF

REQUEST FOR

PROPOSAL

(RFP)

INVITATION

FOR BID (IFB)

10. THIS ACQUISITION ISCODE

REQUEST FOR

QUOTE (RFQ)

14. METHOD OF SOLICITATION

13b. RATING

NORTH AMERICAN INDUSTRY

CLASSIFICATION STANDARD

(NAICS):

SMALL BUSINESS

05/17/2024 1430 ED

05/03/2024

+1 301 443 3111ANAZETTE ANDREWS

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

75N99024R00049

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 45 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

Bethesda, MD 20892-5711 9000 Rockville Pike Building 13, Room 2E-47 OD - Office of Research Facilities

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS THIS CONTRACT IS A RATED

ORDER UNDER THE DEFENSE

PRIORITIES AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

8(A)

National Institutes of Health

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

RFP - Maintenance and repair of the HITEC diesel rotary uninterruptable power supply (DRUPS) units, building 12A.

Period of Performance: 06/11/2024 to 06/10/2025

1000 Base Year - Maintenance and repair of the HITEC diesel rotary uninterruptable power supply (DRUPS) units, building 12A.

Continued ...

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

ANAZETTE M. ANDREWS

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Government Use Only)

OFFER

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT: REFERENCE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 11/2021) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Product/Service Code: J049

Product/Service Description: MAINT/REPAIR/REBUILD

OF EQUIPMENT- MAINTENANCE AND REPAIR SHOP

EQUIPMENT

1001 Option Year 1 - Maintenance and repair of the

HITEC diesel rotary uninterruptable power supply

(DRUPS) units, building 12A.

Product/Service Code: J049

Product/Service Description: MAINT/REPAIR/REBUILD

OF EQUIPMENT- MAINTENANCE AND REPAIR SHOP

EQUIPMENT

Period of Performance: 06/11/2025 to 06/10/2026

1002 Option Year 2 - Maintenance and repair of the

HITEC diesel rotary uninterruptable power supply

(DRUPS) units, building 12A.

Product/Service Code: J049

Product/Service Description: MAINT/REPAIR/REBUILD

OF EQUIPMENT- MAINTENANCE AND REPAIR SHOP

EQUIPMENT

Period of Performance: 06/11/2026 to 06/10/2027

1003 Option Year 3 -Maintenance and repair of the

HITEC diesel rotary uninterruptable power supply

(DRUPS) units, building 12A.

Product/Service Code: J049

Product/Service Description: MAINT/REPAIR/REBUILD

OF EQUIPMENT- MAINTENANCE AND REPAIR SHOP

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

45 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 45

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

75N99024R00049

EQUIPMENT

Period of Performance: 06/11/2027 to 06/10/2028

1004 Option Year 4 - Maintenance and repair of the

HITEC diesel rotary uninterruptable power supply

(DRUPS) units, building 12A.

Product/Service Code: J049

Product/Service Description: MAINT/REPAIR/REBUILD

OF EQUIPMENT- MAINTENANCE AND REPAIR SHOP

EQUIPMENT

Period of Performance: 06/11/2028 to 06/10/2029

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

SECTION B - Supplies or Services/Prices

SECTION B: SERVICES AND PRICING

See Attached Bid Sheet

SECTION C - Description/Specifications

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

Description of Work - Service and Maintenance

Period of Performance The single-award will have a one-year base period and will include four one-year options.

The period of performance is as follows- Base Period: 04/11/2024 - 04/10/2025 Option 1: 04/11/2025 - 04/10/2026 Option 2: 04/11/2026 - 04/10/2027 Option 3: 04/11/2027 - 04/10/2028 Option 4: 04/11/2028 - 04/10/2029

Background The National Institutes of Health (NIH) located in Bethesda, MD, conducts the world's largest biomedical research program and is comprised of twenty-five different institute and centers. All institutes and centers work together under the Director of the National Institutes of Health to pursue its mission of biomedical research. Research and support activities are performed in numerous laboratories, the research hospital and support facilities on the NIH's main 340-acre campus in Bethesda, MD.

In support of NIH biomedical research and due to the unreliability and fluctuation of the power grid, NIH has supplemented the power requirements with 4 four (4) HITEC diesel rotary uninterruptable power sources (DRUPS), units to include four (4) MTU brand diesel engines. These four units provide critical power to support the critical NIH research data collecting facilities and equipment, by assuring safe, reliable, and conditioned power, building 12A.

The Division of Facility Operations and Maintenance (DFOM) is the unit at NIH that is responsible for providing all Maintenance services of all buildings and facilities, to include animal care facilities on the man campus. These services include maintenance and repair of the diesel rotary uninterruptable power supply (DRUPS) units.

Scope

The contractor shall provide full service, comprehensive, fixed cost for Monitoring, Inspection, Testing, Maintenance, and Reporting Emergency Response. The contractor shall provide repairs under normal tasks and emergency response conditions at incident cost to maintain the operation of services uninterruptable power sources (UPS), units to include four (4) MTU brand diesel engines, preventative, and emergency services. The contractor (Diesel contractor shall be MTU certified).

Inspections: The contractor shall perform at minimum the following inspections in accordance with the inspection schedule:

• Inspect, fuel delivery system to include pumps, tanks, and all associated equipment.

• Inspect, cooling water system to include all associated equipment.

• Inspect, all batteries associated equipment.

• Inspect, the system and replace or repair any component that show signs of wear and tear on mechanical, electrical equipment in accordance with manufacture's recommendations.

Testing: The contractor shall provide testing on loads, and all alarms, switches

• Test all fuel delivery system.

• Test all pumps,

• Test all tanks, and all associated equipment.

• Test all alarms.

• Test all switches.

• Perform an annual load testing on all units.

• Test all batteries.

• Test cooling water system and all associated components and equipment

Maintenance: The contractor shall provide include quarterly semi-annual, and annual planned maintenance, and the contractor shall replace or repair any component that shows signs of wear and tear with the electrical and the mechanical equipment in accordance with manufacturers specifications.

· Quarterly maintenance shall occur within 90 ninety days of the previous documented maintenance on all units.

· Semi- Annual Maintenance shall occur twice per year on all units.

· Annual Maintenance shall occur once per year on all units.

· Provide unit Overhaul service in accordance with manufacturer documentation.

· Provide service and preventative maintenance for incoming Service Switchgear, HI Tec control and Distribution Switchgear, and Cyberia Static Transfer Switches.

o Perform maintenance and repairs using Schneider Electric testing and maintenance guides, cybersex maintenance guides, National Electrical Manufacturer Association Standard NEMA AB-4, and NFPA Standard 70B. Test and calibrate all protective relays, fault protection devices, and metering devices.

o Perform a load test of each unit triennially at 80% of rated load.

o Perform a test of the crosslink device quarterly.

Repair:

The contractor shall provide repair services that include, minor, major and overhaul services for the UPS and the Diesel Generators. The contractor shall provide repairs in the related thresholds. All repairs shall be completed with at minimum performance of the manufacturers standards to include all specifications and parts.

• Minor repairs ¿ minor repairs are classified by any task that is $5000 or less of combined labor and materials.

• Intermediate Repairs: Intermediate repairs are classified as any repair that involves labor and material that exceed $5001, but less than $15000 and can be performed by providing a proposal to the Contracting Officer and COR to review for fairness and reasonableness.

• Major Repairs: Major repairs are considered any task that is above 1$5001 of combined labor and materials and will be completed under a separate task order following a request for proposal.

• Provide corrective maintenance and repairs of the CPS control and distribution system.

Monitoring: The contractor shall provide daily monitoring three hundred-sixty-five days a year, including holidays.

• The contractor shall provide daily monitoring of the following Rooms and Units in accordance with Exhibit ¿ Electrical Route Detail o Electrical Room 2700 Floor 2 o Electrical Panel 01271 Control Panel 4 Room 2700 o Electrical Control Panel 5 Room 2700 o Electrical Control Panel 6 Room 2700 o Electrical Control Panel 2 Room 2700 o Electrical Control Panel 3 Room 2700 o Electrical Room 2602 Main Electrical o Electrical Room 2800 Main Electrical o Generator Room 2916 A1 Generator Enclosure o Generator Room 2916 B1 Generator Enclosure o Generator Room 2916 A2 Generator Enclosure o Generator Room 2916 B2 Generator Enclosure

Materials on Hand: The contractor shall maintain an inventory of repair parts and materials.

· Provide and maintain stock the manufacture's recommended parts at a minimum to include consumable such as lubricants, oils, grease, brushes, and filters.

· The government retains the right to add items to the materials on hand at expense to the government.

· Provide and maintain onsite, one (1) rotary coupling.

· The contractor shall always maintain one (1) rotary coupling.

Emergency Service: The contractor shall provide an emergency response twenty-four hours a day, seven days a week.

• The contractor shall provide an emergency contact to be reached twenty-four hours, seven days a week to include holidays.

• The contractor shall respond to the call within two hours.

• The contractor shall be on site within 4 hours of the call from the COR or Emergency COR

• The contractor shall be available 7 days a week, 24 hours per day of unlimited remedial emergency service for the DRUPS.

Reporting ¿ The contractor shall report on activities at minimum of the required frequencies and occurrences.

• The contractor shall provide a report on the daily monitoring by 9am every morning to the COR in accordance with the daily monitoring log via the Integrated Work Management System (Nuvolo)

• The contractor shall provide a deficiency report within 5 days of any inspection, maintenance or monitoring to the COR via email and the Integrated Work Management System (Nuvolo)

• The contractor shall provide a monthly inventory report of quantities and type of materials on hand via email by no later than the 15th of each month.

• Furnish a detailed Field Service Report that includes the status of the power supply and diesel prime mover.

Government Furnished Equipment & Services The government at its expense shall provide the following under this requirement.

• Equipment o One Lap/Workstation for IWMS access o One iPad for IWMS reporting o One desk o One chair o Internet Access o Network Access o Utilities o IWMS Access

• Space o The government will provide space for the storing of materials and reporting, the location will be determined upon availability at the time of award.

• Contractor responsibilities o The contractor shall maintain all issued equipment in an operable condition.

o The contractor shall report to the COR/CO any lost, damaged through accident or neglect any items listed under government furnished equipment.

Schedule of Deliverables

Contractor Deliverables: The contractor shall deliver to the COR/CO or their designate according to the following schedule. The CO or their designate will confirm receipt.

Daily Monitoring Report: Daily by 9am in IWMS Inspection Report: within 5 days following inspection.

Deficiency Report: Daily Manufacturers Manual: that includes service intervals, parts, and all recommendations and specifications within 30 days of award.

Annual Maintenance Report Findings:

Quarterly Maintenance Report:

Semi Annual Maintenance Report Findings:

PM Schedule: within 30 days of award Field Service Report:

Inventory Report: Monthly: Monthly by the 15th of every month

Quality Assurance All work under this SOW shall be monitored by the COR or the designate Quality Assurance personnel, the COR will act as the primary technical representative. Final inspection and acceptance of all work performed, reports and other deliverables shall be performed at the place of delivery by the COR. The COR, and the contractor is responsible for setting and revising task priorities when necessary.

The contractor¿s task will be monitored and review for process improvement and overall performance.

Quality Assurance Meeting ¿ Weekly (Phase In) Monthly or as COR requires, but no less than monthly.

IWMS Task complete Routine Inspections Random Inspections

IWMS

Schedule Contractor shall perform the above scope of work during premium/off hours to facilitate an AHU outage.

Notify PO Eustice Jones @ 301-594-5793, Project Contracts Team, prior to beginning work for scheduling.

Notify the Project Officer at the conclusion of the project for inspection and approval for payment.

CONTRACTING OFFICER (Overall authority in all matters for this project):

Anazette Andrews National Institutes of Health - ORF / Office of Acquisition / FSSCB 13 South Drive Building 13, Room

2E48, MSC-5711

9000 Rockville Pike, Bethesda, MD 20892-5759 ORF Office of Acquisitions FSSCB

301-443-3111

PROJECT OFFICER (The Contractor Officer's Representative (COR) for this project):

Eustice Jones National Institutes of Health - ORF / DFOM / CSB / PCT Bldg. 13, Room B1E73H 9000 Rockville Pike Bethesda, MD 208092-1068 Telephone Number: 301-252-8432

SECTION D - Packaging and Marking

SECTION D - PACKAGING AND MARKING

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.

SECTION E - Inspection and Acceptance

SECTION E - INSPECTION AND ACCEPTANCE

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, Mr. Eustice Jones are the authorized representative of the Contracting Officer.

c. Inspection and acceptance will be performed at:

National Institutes of Health

9000 Rockville Pike

Bethesda, MD 20892

The Government reserves the right to an Inspection period of 10 calendar days, unless a different time period is stated elsewhere in the contract. The receiving report, completed and signed by the appropriate official, constitutes acceptance and shall be acknowledged to the payment office

(OFM).

SECTION F - Deliveries or Performance

SECTION F - DELIVERIES OR PERFORMANCE

52.242-5 Payments to Small Business Subcontractors. (JAN 2017) 52.242-13 Bankruptcy. (JUL 1995) 352.223-70 Safety and Health. (DEC 2015)

SECTION G - Contract Administration Data

SECTION G - CONTRACT ADMINISTRATION DATA

G.1.1. Contract Officer (CO)

The Contracting Officer for this contract is:

Name:Anazette Andrews Phone Number: 301-443-3111 Email: Andrewsa3@nih.gov

Only the Contracting Officer has authority to:

(1) Increase or decrease the contract amount through a written modification

(2) Direct or negotiate any changes

(3) Modify or extend the period of performance

(4) Change the schedule of completion

(5) Authorize payment under this contract

(6) Otherwise modify any terms or conditions of this contract

G.1.2 Contracting Officer's Representative (COR)/Project Officer (PO)

1. Contracting Officers shall appoint COR to provide technical oversight and administration of the contract. All contractual matters concerning the Contract shall remain under the authority of the Contracting Officer.

2. The Contracting Officer is the only person authorized to commit the Government to a contract action. Only Contracting Officers with appropriate warrant levels have the authority to modify the term and conditions of the contract.

The Contracting Officer's Technical Representative (COR)/Project officer (PO) for this contract is:

Name: Eustice Jones mailto:Andrew.Gathogo@nih.gov

National Institutes of Health/ORF E-Mail: Eustice.jones@nih.gov

The COR/PO is responsible for:

(1) Monitoring the contractor's process including surveillance and assessment of performance and recommending to the Contracting Officer changes in requirements:

(2) Interpreting scope of work

(3) Performing technical evaluation as required

(4) Performing technical inspections and acceptances required by this contract; and

(5) Assisting the contractor in resolution of technical problems encountered during performance.

G.1.3 IPP INVOICING PROCEDURES

The following clause is applicable to all Purchase Orders, Task or Delivery Orders, and Blanket Purchase Agreement (BPA) Calls: Prompt Payment (Jan 2017) FAR 52.232-25. Highlights of this clause and NIH implementation requirements follow:

I. Invoice Requirements A. An invoice is the Contractor's bill or written request for payment under the contract for supplies delivered or services performed. A proper invoice is an "Original" which must include the items listed in subdivisions 1 through 12, below, in addition to the requirements of FAR 32.9. If the invoice does not comply with these requirements, the Contractor will be notified of the defect within 7 days after the date the designated billing office received the invoice (3 days for meat, meat food products, or fish, and 5 days for perishable agricultural commodities, dairy products, edible fats, or oils) with a statement of the reasons why it is not a proper invoice. (See exceptions under II., below.) Untimely notification will be considered in the computation of any interest penalty owed the Contractor.

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

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

3. Remittance name must match exactly with name on original order/contract. If the Remittance name differs from the Legal Business Name, then both names must appear on the invoice.

4. Invoice date.

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

6. NBS document number formats must be included for awards created in the NBS: Contract Number; Purchase Order Number; Task or Delivery Order Number and Source Award Number (e.g., Indefinite Delivery Contract number; General Services Administration number); or, BPA Call Number and BPA Parent Award Number.

7. Unique Entity Identifier (UEI) which is in the System for Award Management (SAM) and replaces the Dun & Bradstreet Data Universal Numbering System (DUNS) number.

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

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

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

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

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

NOTE: If your invoice must differ from the line items on the award, please contact the mailto:E-Mail:%20mcmilla1@mail.nih.gov

Contracting Officer before submitting the invoice. A modification to the order or contract may be needed before the invoice can be submitted and paid.

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

B. The Contractor shall submit invoices to the Department of Treasury's Invoice Processing Platform (IPP) at https://www.ipp.gov with a copy to the approving official, as directed below. Email submission must include ORFOAInvoice3Way@mail.nih.gov in distribution.

The Contractor shall submit a copy of the electronic invoice to the following Approving Official (Contracting Officer) and Contracting Officer's Representative:

Approving Official: Contracting Officer Anazette Andrews Contracting Officer's Representative Eustice Jones

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

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

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

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

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

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

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

3. In the case of a final invoice for any balance of funds due the contractor for supplies delivered or services performed, the amount was not subject to further settlement actions between the Government and the Contractor.

B. Determination of interest and penalties due will be made in accordance with the provisions of the Prompt Payment Act, as amended, the Contract Disputes Act, and regulations issued by the Office of Management and Budget

IV. PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS, FAR

52.232-40 (November 2021)

(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.

(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial products or commercial services.

(End of Clause)

V. HHSAR 352.232-71 Electronic Submission of Payment Requests (February 2, 2022)

(a) Definitions. As used in this clause;

Payment request means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), ``Content of Invoices and the applicable Payment clause included in this contract.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests electronically using the Department of Treasury Invoice Processing Platform (IPP) or successor system. Information regarding IPP, including IPP Customer Support contact information, is available at www.ipp.gov or any successor site.

(c) The Contractor may submit payment requests using other than IPP only when the Contracting Officer authorizes alternate procedures in writing in accordance with HHS procedures.

(d) If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting Officer's written authorization with each payment request.

(End of Clause)

SECTION H - Special Contract Requirements

H.1 INSURANCE

a. The Contractor shall, at his own expense, procure and maintain, during the entire performance period of this contract, insurance of at least the kinds and amounts set forth below:

1. Worker's Compensation and Employer's Liability Contractors are required to comply with applicable Federal and State worker's compensation and occupational disease statutes. Employer's liability coverage of at least $100,000 shall be required except in states with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

2. General Liability

Contractors are required to have bodily injury liability insurance coverage written on the comprehensive form of policy of at least $2,000,000 per occurrence.

3. Automobile Liability

The Contractor is required to have automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily CONTRACT Handbook 11/28/17190

b. At all times during performance, the Contractor shall maintain with the Contracting Officer a current Certificate of Insurance showing at least the insurance required by the Schedule, and providing for thirty (30) days written notice to the Contracting Officer by the insurance company prior to cancellation or material change in policy coverage.

c. The Contractor shall also require all first-tier subcontractors who will perform work on a Government installation to procure and maintain the insurance required by the Schedule during the entire period of their performance. The Contractor shall furnish (or assure that there has been furnished) to the Contracting Officer a current Certificate of Insurance meeting the requirements of above for each such first-tier subcontractors, at least five (5) days prior to entry of each subcontractor's personnel on the Government installation.

d. Current certificates of insurance shall be furnished by the Contractor and first tier subcontractor(s) to the Contracting Officer before starting work under the contract.

H.2 SECURITY

GENERAL

a. The Contractor and all subcontractor's personnel will observe and adhere to all National Institutes of Health (NIH) security regulations and requirements when using or providing services on the NIH property.

The Contractor shall be responsible for subcontractor compliance and include specific provisions in all subcontracts that these regulations be accepted.

b. The Contractor shall be accountable for compliance with the provisions of this Section by all individuals and entities employed by or under contract to the Contractor.

H.3 WORK HOURS

The Contractor shall perform work Monday through Friday, exclusive of holidays observed by the Government (see below), between the hours of 7:00 a.m. and 5:00 p.m. However, exceptions may be made by Contractor request or at the discretion of the Government Contracting Officer Representative. If work is scheduled to occur during a Federal Holiday, consult with COR to determine scheduling of work.

New Year's Day Inauguration Day Martin Luther King, Jr. Day Washington's Birthday Memorial Day Juneteenth Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day

SECTION I - Contract Clauses

52.216-24 Limitation of Government Liability. (APR 1984)

(a) In performing this contract, the Contractor is not authorized to make expenditures or incur obligations exceeding [ ]dollars.

(b) The maximum amount for which the Government shall be liable if this contract is terminated is [ ]dollars.

(End of clause)

52.217-8 Option To Extend Services. (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within [insert the period of time within which the Contracting Officer may exercise the option].

(End of 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 [insert the period of time within which the Contracting Officer may exercise the option];

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least [60 days unless a different number of days is inserted]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 [(months)(years)].

(End of clause)

52.222-36 Equal Opportunity for Workers with Disabilities. (JUN 2020)

52.222-42 Statement of Equivalent Rates for Federal Hires. (MAY 2014)

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

This Statement is for Information Only: It Is Not A Wage Determination

Employee class Monetary wage - Fringe benefits

(End of clause)

52.232-18 Availability of Funds. (APR 1984)

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to-

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to-

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that-

(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that-

It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment-

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services-

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment-

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services-

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.204-26 Covered Telecommunications Equipment or Services-Representation. (OCT 2020)

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(c) Representations. (1) The Offeror represents that it [ ] does, [ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ] does, [ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

52.212-4 Contract Terms and Conditions - Commercial Products and Commercial Services. (NOV 2023)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its postacceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and (2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer- Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.

3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment- (1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest. (i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if-

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for…