RFP_75N97023R00005_-_Offsite_Storage_-_National_Library_of_Medicine.pdf

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RFP Number : 75N97023R00005

PART I - THE SCHEDULE

THE INFORMATION SET FORTH IN SECTION A - SOLICITATION/CONTRACT FORM, HEREIN CONTAINS

IMPORTANT INFORMATION FOR ANY OFFEROR INTERESTED IN RESPONDING TO THIS SOLICITATION.

ANY CONTRACT RESULTING FROM THIS SOLICITATION WILL INCLUDE IN ITS SECTION A - SOLICITATION/

CONTRACT FORM, ACCOUNTING, APPROPRIATION AND GENERAL INFORMATION APPLICABLE TO THE

CONTRACT AWARD.

THE CONTRACT SCHEDULE SET FORTH IN SECTIONS B THROUGH H, HEREIN, CONTAINS CONTRACTUAL

INFORMATION PERTINENT TO THIS SOLICITATION. IT IS NOT AN EXACT REPRESENTATION OF THE

CONTRACT DOCUMENT THAT WILL BE AWARDED AS A RESULT OF THIS SOLICITATION. THE CONTRACT

COST OR PRICE AND OTHER CONTRACTUAL PROVISIONS PERTINENT TO THE OFFEROR (i.e., those relating to the organizational structure [e.g., Non-Profit, Commercial] and specific cost authorizations unique to the Offeror's proposal and requiring Contracting Officer Prior Approval) WILL BE DISCUSSED IN THE NEGOTIATION PROCESS

AND WILL BE INCLUDED IN THE RESULTANT CONTRACT. THE ENCLOSED CONTRACT SCHEDULE IS

INTENDED TO PROVIDE THE OFFEROR WITH THE NECESSARY INFORMATION TO UNDERSTAND THE

TERMS AND CONDITIONS OF THE RESULTANT CONTRACT.

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

BRIEF DESCRIPTION OF SUPPLIES OR SERVICES

Storage in secure, alarmed, climate-controlled, below-ground vaults with adequate fire suppression and water detection systems is required for NLM's historical legacy media, including microfilm, motion picture film and magnetic tape masters. For details, see Statement of Work (SOW) Attachment.

PRICES/COSTS

a. This is a 5-Year Indefinite Delivery Indefinite Quantity (IDIQ) contract as contemplated by FAR 16.504. The

Contractor shall be reimbursed by the Government in an amount not less than a total of $1,000 (minimum) nor more than a total of

$1,400,000 (maximum) for successful performance of this contract.

b. The costs set forth in this ARTICLE will cover the contract period 9/1/2023 through 8/31/2028.

c. The Government will issue Task Orders based on the work described in the Statement of Work of this

Solicitation 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

Line Item #

Description of Item Unit

Price (or Cost)/Unit

Year 1 Year 2 Year 3 Year 4 Year 5

Packing and moving materials, microfilm cabinets, magnetic tape containers and shelving from facility in Boyers, Pennsylvania, using refrigerated vehicles for collection materials.

JB

Establishing Cold Vault and Anteroom, with installation of shelving.

EA

Establishing Cool Vault, with installation of shelving, microfilm cabinets and magnetic tape containers.

Rental for Offsite Storage - Cold vault and anteroom YR

Rental for Offsite Storage – Cool Vault YR

Courier deliveries to the National Library of Medicine in Bethesda, Maryland, from the offsite facility. Approximately six per year. This includes pulling materials requested from the cool and cold vaults for delivery.

Courier deliveries from the National Library of Medicine in Bethesda, Maryland to the offsite facility. Approximately six per year. This includes interfiling materials delivered to the facility.

Acetic acid testing for 10,000 motion picture films in the cold vault and 20,000 microfilm reels in the cool vault (approximately one-third of microfilm collection).

Vault Reorganization

Establishing the following vault should the need arise:

Isolation vault with shelving installed meeting the specifications outlined in the statement of work. Includes cost of transporting materials exhibiting vinegar syndrome.

Assume 2500 film cans transported from the cold vault for the purpose of this estimate.

Establishing the following vault should the need arise:

Additional cool vault and shelving installed meeting specifications outlined in the statement of work.

ADVANCE UNDERSTANDINGS

Specific elements of cost, which normally require prior written approval of the Contracting Officer before incurrence of the cost (e.g., foreign travel, consultant fees, subcontracts) will be included in this Article if the Contracting Officer has granted his/her approval prior to contract award.

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

SEE STATEMENT OF WORK (SOW) Dated 05/22/2023

REPORTING REQUIREMENTS

REFER TO STATEMENT OF WORK FOR REPORTING REQUIREMENTS.

All reports shall be submitted electronically. In addition, one hardcopy of each report shall be submitted to the

Contracting Officer.

These reports shall be compliant with Section 508 of the Rehabilitation Act of 1973. Additional information about testing documents for Section 508 compliance, including guidance and specific checklists, by application, can be found at: https://www.hhs.gov/web/section-508/index.html and at: https://www.section508.gov/create/documents, "Create Accessible Documents."

http://www.hhs.gov/web/section-508/index.html http://www.section508.gov/create/documents

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.

PACKAGING

MARKING

SHIPPING

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, --TBD-- is the authorized representative of the Contracting Officer.

c. Inspection and acceptance will be performed at:

TBD

Acceptance may be presumed unless otherwise indicated in writing by the Contracting Officer or the duly authorized representative within 30 days of receipt.

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

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.

FAR Clause 52.246-4, Inspection of Services - Fixed Price (August 1996).

SECTION F - DELIVERIES OR PERFORMANCE

PERIOD OF PERFORMANCE

This is a 5-Year Indefinite Delivery Indefinite Quantity (IDIQ) contract with a period of performance of 9/1/2023 through 8/31/2028.

DELIVERIES

a. Satisfactory performance of this contract shall be deemed to occur upon performance of the work described in the Description Article in the Statement of Work of this contract and upon delivery and acceptance by the

Contracting Officer, or the duly authorized representative, of the Services specified in the Delivery Schedule.

b. Deliveries required by the Contractor shall be made F.o.b. destination as set forth in FAR Clause 52.247-35, F.o.b. Destination, Within consignees Premises (April 1984) to the address/addressee listed below:

c. SEE STATEMENT OF WORK FOR DETAILS

d. Unless otherwise specified, deliveries shall be made to the Delivery Point specified above Mondays through

Fridays (excluding Federal Holidays) between the hours of 8:30 a.m. and 5:30 p.m. EST only. Supplies or services scheduled for delivery on a Federal holiday shall be made the following day.

CLAUSES INCORPORATED BY REFERENCE, FAR 52.252-2 (FEB 1998).

This contract incorporates the following clause(s) by reference, with the same force and effect as if it were given in full text. Upon request, the Contracting Officer will make its full text available. Also, the full text of a clause may be accessed electronically at this address: https://www.acquisition.gov/?q=browsefar.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSE:

52.242-15, Stop Work Order (August 1989).

Alternate I (April 1984) is applicable to this contract.

52.242-17, Government Delay of Work (April 1984).

http://www.acquisition.gov/?q=browsefar

SECTION G - CONTRACT ADMINISTRATION DATA

CONTRACTING OFFICER REPRESENTATIVE (COR)

The following Contracting Officer Representative (COR) will represent the Government for the purpose of this contract:

- TBD

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 alternate COR is responsible for carrying out the duties of the COR only in the event that the COR can no longer perform his/her duties as assigned.]

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.

KEY PERSONNEL, HHSAR 352.237-75 (December 2015).

The key personnel specified in this contract are considered to be essential to work performance. At least 30 days prior to the contractor voluntarily diverting any of the specified individuals to other programs or contracts the Contractor shall notify the Contracting Officer and shall submit a justification for the diversion or replacement and a request to replace the individual. The request must identify the proposed replacement and provide an explanation of how the replacement's skills, experience, and credentials meet or exceed the requirements of the contract (including, when applicable, Human Subjects Testing requirements). If the employee of the contractor is terminated for cause or separates from the contractor voluntarily with less than thirty days' notice, the Contractor shall provide the maximum notice practicable under the circumstances. The Contractor shall not divert, replace, or announce any such change to key personnel without the written consent of the Contracting Officer. The contract will be modified to add or delete key personnel as necessary to reflect the agreement of the parties.

(End of clause).

The following individual(s) is/are considered to be essential to the work being performed hereunder:

Name Title

TBD

METHOD OF ORDERING

Orders issued under this contract may be placed in writing. The Contracting Officer is authorized to issue orders and provide written confirmation of oral orders, if applicable, under the contract.

Per FAR 52.216-18 Ordering (August 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 September 1, 2023, through August 1, 2028.

(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)

FAR 52.216-19 Order Limitations (October 1995):

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $1,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of $311,000.00;

(2) Any order for a combination of items in excess of $1,400,000.00; or

(3) A series of orders from the same ordering office within 5 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

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

(b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

INVOICE SUBMISSION/CONTRACT FINANCING REQUEST AND CONTRACT FINANCIAL

REPORT

a. SEE TERMS AND CONDITIONS ADDENDUM.

INVOICE SUBMISSION

a. Invoice Instructions for NIH Fixed-Price Type Contracts, NIH(RC)-2, are attached and made part of this contract.

The Contractor shall follow the attached instructions and submission procedures specified below to meet the requirements of a "proper invoice" pursuant to FAR Subpart 32.9, Prompt Payment.

b. SEE TERMS AND CONDITIONS ADDENDUM.

POST AWARD EVALUATION OF CONTRACTOR PERFORMANCE

a. SEE STANDARDS OF PERFORMANCE IN SECTION 20 OF THE STATEMENT OF WORK

b. 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 end of each fiscal year.

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 https://www.acquisition.gov/far/part-52#FAR_52_216_21 contract file, and may be used to support future award decisions.

c. Electronic Access to Contractor Performance Evaluations

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

SECTION H - SPECIAL CONTRACT REQUIREMENTS

SOLICITATION PROVISIONS

Solicitation Provisions Incorporated by Reference [FAR 52.252-1, February 1998]

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contract Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its proposal. In lieu of submitting the full text provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its proposal. Also, the full text of a solicitation provision may be accessed electronically at this address: http://www.acquisition.gov.

Vendor shall comply with all applicable Federal, State and Local laws, executive orders, rules and regulations applicable to its performance under this order. Full text of clauses and provisions are available at Federal Acquisition Regulations (FAR). The following clauses and provisions shall apply to this acquisition and may be obtained from the web site: FAR 52.212-1, Instructions to Offerors-Commercial Items (March 2023), FAR 52.212- 2, Evaluation-Commercial Items (November 2021). Offerors are advised to provide with their offer a completed copy of the following provisions: FAR 52.212-3, Offeror Representations and Certifications- Commercial Items (December 2022)-With 52.204-6 Unique Entity Identifier (October 2016).

OPTION PROVISION

Option provision is incorporated and may apply to any task order issued under the IDIQ issued against the solicitation.

SUBCONTRACTING PROVISIONS

a. Small Business Subcontracting Plan

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

2. The failure of any Contractor or subcontractor to comply in good faith with FAR Clause 52.219-8, entitled

" Utilization of Small Business Concerns" incorporated in this contract and the attached Subcontracting

Plan, will be a material breach of such contract or subcontract and subject to the remedies reserved to the

Government under FAR Clause 52.219-16 entitled, " Liquidated Damages- Subcontracting Plan."

b. Subcontracting Reports

1. An offeror is to submit their respective subcontracting plan electronically using the U.S. Department of

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

2. The official point of receipt for determining timely submission of an offeror's subcontracting plan is the

SBCX system and/or email notification. Once the subcontracting plan is successfully submitted in the

SBCX system the offeror should receive an email notification and confirmation message of completion upon submission.

3. If an offeror's subcontracting plan is not confirmed as received within the SBCX system by the proposal submission date specified in the solicitation, it will be considered late in accordance with subparagraph (c)

(3) of FAR Clause 52.215-1, Instructions to Offeror-Competition Acquisition. Disposition of late submittals of a subcontracting plan by an offeror via the SBCX system is at the discretion of the Contracting Officer.

4. Any technical questions regarding the use of the SBCX system may be submitted via email message to the SBCX help desk at client.support@apexlogic.com. The client support hours of operation are Monday

- Friday, 6:00 a.m. - 8:00 p.m. Eastern Standard Time (EST). Note: help desk tickets can be submitted 24 hours a day / 7 days a week and a representative will respond within the presented client support hours of http://www.acquisition.gov/ mailto:client.support@apexlogic.com operation for assistance.

5. Individual Subcontract Reports ( ISR): Regardless of the effective date of this contract, the Report shall be due on the following dates for the entire life of this contract: October 30th at the end of fiscal year and expiration date of contract.

6. Summary Subcontract Report ( SSR): Regardless of the effective date of this contract, the Summary

Subcontract Report must be submitted annually on the following date for the entire life of this contract:

October 30th at the end of fiscal year.

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

delfo.sacomizhquiri@nih.gov

Contract Specialist mailto:delfo.sacomizhquiri@nih.gov

PART II - CONTRACT CLAUSES

CONTRACT CLAUSES

THE FOLLOWING ARTICLE 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-contractors

ADDITIONAL CONTRACT CLAUSES

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 by reference, (unless otherwise noted), with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

a. FEDERAL ACQUISITION REGULATION (FAR) (48 CFR CHAPTER 1) CLAUSES

1. FAR 52.202-1 Definitions (June 2020)

2. FAR 52.203-5 Covenant Against Contingent Fees. (MAY 2014).

3. FAR 52.203-7 Anti-Kickback Procedures. (JUN 2020)

4. FAR 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of

Whistleblower Rights. (JUN 2020).

5. FAR 52.204-6 Unique Entity Identifier. (OCT 2016)

6. FAR 52.204-7 System for Award Management. (OCT 2018)

7. FAR 52.204-7A*1 System for Award Management. (OCT 2018) - Alternate I (OCT 2018)

8. FAR 52.204-12 Unique Entity Identifier Maintenance. (October 2016)

9. FAR 52.204-16 Commercial and Government Entity Code Reporting. (August 2020)

10. FAR 52.204-17 Ownership or Control of Offeror. (August 2020)

11. FAR 52.204-18 Commercial and Government Entity Code Maintenance. (August 2020)

12. FAR 52.204-19 Incorporation by Reference of Representations and Certifications. (December 2014)

13. FAR 52.204-20 Predecessor of Offeror. (August 2020)

14. FAR 52.204-22 Alternative Line-Item Proposal. (January 2017)

15. FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance

Services or Equipment. (November 2021)

16. FAR 52.204-26 Covered Telecommunications Equipment or Services-Representation. (October 2020)

17. FAR 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations-Representation.

(November 2015)

18. FAR 52.209-5 Certification Regarding Responsibility Matters. (August 2020)

19. FAR 52.209-7 Information Regarding Responsibility Matters. (October 2018)

20. FAR 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony

Conviction under any Federal Law. (February 2016)

21. FAR 52.212-1 Instructions to Offerors—Commercial Products and Commercial Services. (March 2023)

22. FAR 52.212-2 Evaluation—Commercial Products and Commercial Services. (November 2021)

23. FAR 52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial

Services. (December 2022)

24. FAR 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services.

(December 2022)

25. FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—

Commercial Products and Commercial Services. (March 2023). See Attachment.

26. FAR 52.216-1 Type of Contract. (April 1984)

27. FAR 52.216-22 Indefinite Quantity (October 1995)

28. FAR 52.219-1 Small Business Program Representations. (March 2023)

29. FAR 52.222-22 Previous Contracts and Compliance Reports. (February 1999)

30. FAR 52.222-25 Affirmative Action Compliance. (April 1984)

31. (Multiple Year and Option Contracts) (August 2018)

32. FAR 52.225-2 Buy American Certificate. (October 2022)

33. FAR 52.225-25 Prohibition on Contracting With Entities Engaging in Certain Activities or Transactions

Relating to Iran—Representation and Certifications. (June 2020)

34. FAR 52.227-1 Authorization and Consent. (June 2020)

35. FAR 52.229-3 Federal, State, and Local Taxes. (February 2013)

36. FAR 52.232-1 Payments. (April 1984)

37. FAR 52.232-8 Discounts for Prompt Payment. (February 2002)

38. FAR 52.232-11 Extras. (April 1984)

39. FAR 52.232-17 Interest. (May 2014)

40. FAR 52.232-18, Availability of Funds (April 1984)

41. FAR 52.232-19 Availability of Funds for the Next Fiscal Year. (April 1984)

42. FAR 52.232-23 Assignment of Claims. (May 2014)

43. FAR 52.232-39 Unenforceability of Unauthorized Obligations. (June 2018)

44. FAR 52.233-2 Service of Protest. (September 2006)

45. FAR 52.237-1 Site Visit. (April 1984)

46. FAR 52.237-2 Protection of Government Buildings, Equipment, and Vegetation. (April 1984)

47. FAR 52.237-3 Continuity of Services. (January 1991)

48. FAR 52.242-13 Bankruptcy. (July 1995)

49. FAR 52.242-15 Stop-Work Order. (August 1989)

50. FAR 52.244-5 Competition in Subcontracting. (December 1996)

51. FAR 52.244-6 Subcontracts for Commercial Products and Commercial Services. (March 2023)

52. FAR 52.246-4 Inspection of Services-Fixed-Price. (August 1996)

53. FAR 52.246-25 Limitation of Liability-Services. (February 1997)

54. FAR 52.249-2 Termination for Convenience of the Government (Fixed-Price). (April 2012)

55. FAR 52.249-8 Default (Fixed-Price Supply and Service). (April 1984)

56. FAR Clause 52.217-8, Option to Extend Services (Nov 1999).

The Contracting Officer may exercise the option by written notice to the Contractor within

30 calendar days.

57. FAR Clause 52.217-9 Option to Extend the Term of the Contract (Mar 2000).

The Contracting Officer may exercise the option by written notice to the Contractor within 60 calendar days. This option may be incorporated at the task order level.

58. FAR Clause 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)

59. FAR Clause 52.222-54, Employment Eligibility Verification (May 2022).

60. FAR Clause 52.227-14, Rights in Data - General (May 2014)

61. FAR Clause 52.229-3, Federal, State and Local Taxes (Feb 2013).

62. FAR Clause 52.237-3, Continuity of Services (Jan 1991).

63. FAR Clause 52.242-3, Penalties for Unallowable Costs (May 2014).

64. FAR Clause 52.244-5, Competition in Subcontracting (Dec 1996).

65. FAR Clause 52.245-1, Government Property (Sept 2021).

66. FAR 52.249-8 Default (Fixed-Price Supply and Service) (April 1984)

67. FAR Clause 52.245-9, Use and Charges (Apr 2012).

68. FAR Clause 52.249-2, Termination for Convenience of the Government (Fixed Price) (Apr 2012).

b. DEPARTMENT OF HEALTH AND HUMAN SERVICES ACQUISITION REGULATION (HHSAR) (48 CHAPTER

3) CLAUSES:

1. HHSAR Clause 352.231-70, Salary Rate Limitation (December 2015).

Note: The Salary Rate Limitation is at the Executive Level II Rate.

See the following website for Executive Schedule rates of pay: https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/.

(For current year rates, click on Salaries and Wages/Executive Schedule/Rates of Pay for the

Executive Schedule. For prior year rates, click on Salaries and Wages/select Another Year at the top of the page/Executive Schedule/Rates of Pay for the Executive Schedule. Rates are effective January

1 of each calendar year unless otherwise noted.)

c. NATIONAL INSTITUTES OF HEALTH (NIH) RESEARCH CONTRACTING (RC) CLAUSES:

http://www.opm.gov/policy-data-

The following clauses are attached and made a part of this contract:

ADDITIONAL FAR CONTRACT CLAUSES INCLUDED 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.

a. FEDERAL ACQUISITION REGULATION (FAR) (48 CFR CHAPTER 1) CLAUSES: N/A

b. DEPARTMENT OF HEALTH AND HUMAN SERVICES ACQUISITION REGULATION (HHSAR) (48 CHAPTER

3) CLAUSES:

1. HHSAR 352.237-74, Non-Discrimination in Service Delivery (December 2015).

It is the policy of the Department of Health and Human Services that no person otherwise eligible will be excluded from participation in, denied the benefits of, or subjected to discrimination in the administration of HHS programs and services based on non-merit factors such as race, color, national origin, religion, sex, gender identity, sexual orientation, or disability (physical or mental).

By acceptance of this contract, the contractor agrees to comply with this policy in supporting the program and in performing the services called for under this contract. The contractor shall include this clause in all subcontracts awarded under this contract for supporting or performing the specified program and services. Accordingly, the contractor shall ensure that each of its employees, and any sub-contractor staff, is made aware of, understands, and complies with this policy.

(End of Clause)

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. All clauses incorporated by reference have the same force and effect as if they were given full text. Upon request, the Contracting Officer will make their full text available.

a. FAR Clause 52.222-41, Service Contract Labor Standards (Aug 2018).

b. FAR Clause 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price

Adjustment (Multiple Year And Option Contracts) (Aug 2018).

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

LIST OF ATTACHMENTS

The following documents are incorporated into this RFP:

- STATEMENT OF WORK (SOW)

- TERMS AND CONDITIONS ADDENDUM

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF

OFFERORS

IF YOU INTEND TO SUBMIT A PROPOSAL, YOU MUST :

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).

http://www.sam.gov/content/home%3B

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

1. GENERAL INFORMATION

a. QUESTIONS If you have questions regarding this requirement, please submit your inquiries to Contract Specialist Delfo Sacomizhquiri at delfo.sacomizhquiri@nih.gov no later than 1:00 PM Eastern Time on June 15, 2023. Please be advised that the Government reserves the right to simultaneously transmit all questions received and the Government’s responses to the questions to all prospective Offerors.

b. NAICS CODE AND SIZE STANDARD Note: The following information is to be used by the offeror in preparing its Representations and Certifications (See Section K of this RFP), specifically in completing the provision entitled, SMALL BUSINESS PROGRAM REPRESENTATION, FAR Clause 52.219-1.

1. The North American Industry Classification System (NAICS) code for this acquisition is 493120.

2. The small business size standard is $36.5 Million.

THIS REQUIREMENT IS NOT SET-ASIDE FOR SMALL BUSINESS. However, the Federal Acquisition

Regulation (FAR) requires in every solicitation, (except for foreign acquisitions) the inclusion of the North

American Industry Classification System (NAICS) Code and corresponding size standard which best describes the nature of the requirement in the solicitation.

c. TYPE OF CONTRACT AND NUMBER OF AWARDS

1. It is anticipated that one will be made from this solicitation and that the award will be made on/about

8/25/2023.

2. It is anticipated that the award(s) from this solicitation will be a multiple-year Fixed-Price type Indefinite-

Delivery Indefinite-Quantity (IDIQ) contract. Total Period of Performance is 9/1/2023 through 8/31/2028.

d. TASK ORDERS UNDER MULTIPLE AWARD INDEFINITE DELIVERY CONTRACTS

a. General The Contractor will be required provide services under the resultant contract only in performance of task orders and modifications to task orders signed by the Contracting Officer. Costs not attributed to the performance of a specific task order shall not be allowed without the prior written consent of the

Contracting Officer. The Contractor will commence performance upon the receipt of a Task Order signed by the Contracting Officer. Costs for the preparation of Task Order proposals shall not be reimbursed as a direct cost under the resultant contract.

One or more task orders may be issued during the performance period of the resultant contract. If a Contractor responds to a Task Order Request for Proposal (TORFP) and is the successful offeror, that Contractor will be required to accept and perform the task order issued by the Contracting Officer within the scope of the resultant contract. The government has no obligation to issue any task orders, beyond the minimum identified in SECTION B of the contract. In the event of any inconsistency between any task order and the contract, the contract shall control.

The competition requirements in FAR Part 6, and the policies in FAR Subpart 15.3, DO NOT APPLY to the task ordering process.

b. Exceptions to Fair Opportunity Contractors may not be given an opportunity to be considered for requirements in excess of $3,500 if one of the following conditions applies:

1. The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

2. Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.

mailto:delfo.sacomizhquiri@nih.gov

3. The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

4. It is necessary to place an order to satisfy a minimum guarantee.

c. Requesting Task Order Proposals The Contracting Officer or a designated individual may solicit responses to requirements from the

Contractor in writing.

A Task Order Request for Proposals (TORFP) will be prepared and issued for each task order requirement.

All contract clauses contained in the resultant contract shall be incorporated in the TORFP and the resultant task order. If conflicts exist between the contract clauses and the information outlined in the task order, the resultant contract language takes precedence over the information in the task order.

e. COMMITMENT OF PUBLIC FUNDS

The Contracting Officer is the only individual who can legally commit the Government to the expenditure of public funds in connection with the proposed procurement. Any other commitment, either explicit or implied, is invalid.

f. COMMUNICATIONS PRIOR TO CONTRACT AWARD

Offerors shall direct all communications to the attention of the Contract Specialist or Contracting Officer cited on the face page of this SOLICITATIONS. Communications with other officials may compromise the competitiveness of this acquisition and result in cancellation of the requirement.

g. RELEASE OF INFORMATION

Contract selection and award information will be disclosed to offerors in accordance with regulations applicable to negotiated acquisition. Prompt written notice will be given to unsuccessful offerors as they are eliminated from the competition, and to all offerors following award.

h. PREPARATION COSTS

This RFP does not commit the Government to pay for the preparation and submission of a proposal.

2. INSTRUCTIONS TO OFFERORS

a. GENERAL INSTRUCTIONS

INTRODUCTION

The following instructions will establish the acceptable minimum requirements for the format and contents of proposals. Special attention is directed to the requirements for technical and business proposals to be submitted in accordance with these instructions.

1. Contract Type and General Clauses It is contemplated that an Indefinite Delivery Indefinite Quantity (IDIQ, Fixed Price contract will be awarded. Any resultant contract shall include the clauses applicable to the selected offeror's organization and type of contract awarded as required by Public Law, Executive Order, or acquisition regulations in effect at the time of execution of the proposed contract.

2. Authorized Official and Submission of Proposal The proposal must be signed by an official authorized to bind your organization and must stipulate that it is predicated upon all the terms and conditions of this RFP.

a. Proposals must be submitted via the electronic Contract Proposal Submission (eCPS) website at https://ecps.nih.gov.

b. Proposals submitted by facsimile or e-mail will not be accepted.

c. Follow the “How to Submit an Electronic Proposal” instructions provided on the eCPS website at:

https://ecps.nih.gov/ https://ecps.nih.gov/HowToSubmit. Please note that creating an account to submit may take up to three (3) business days. Please apply for a new account early to allow enough time for the registration process.

d. Offerors are solely responsible for submitting proposals and any modifications or revisions so as to reach the Government office designated above by the date and time specified in the solicitation. If your proposal is not received by the date and time specified in the solicitation, it will be considered a “late proposal,” in accordance with FAR Clause 52.215-1 Instructions to Offerors – Competitive

Acquisition.

e. Create one PDF file of your Proposal, including all attachments. The Proposal should be created in a PDF format that enables word searches to the maximum extent practicable. Forms and/or documents requiring signature(s) may be scanned, but must be merged into the Proposal PDF file.

SECTION M - SOURCE SELECTION AND EVALUATION

EVALUATION FACTORS FOR AWARD

The evaluation will be based, in addition to price, on the demonstrated capabilities of the perspective vendors to the meet the needs of the project as set forth in the Statement of Work. Prospective vendors must submit information sufficient to allow NLM to evaluate their responses based on the criteria outlined below.

Content and technical factors are of paramount consideration; however, cost is also important to the overall award decision. All evaluation factors other than cost, when combined, are significantly more important than cost. Offeror(s) are advised that award will be made to that Offeror(s) whose proposal provides the best overall value to the Government.

The Government can make tradeoffs among cost and technical factors in determining which Proposal offers the best value by awarding to other than the lowest cost offer or other than the highest technically rated offer.

In determining which proposal represents the best value and results in the lowest overall cost alternative to meet the Government's needs, the Government shall evaluate proposals using the following technical evaluation criteria, listed in the order of relative importance for evaluation purposes:

Selection of an Offeror for contract award will be based on an evaluation of proposals against the factors outlined below. The factors are:

1. Technical

1.1. Understanding the Requirement & Technical Approach

1.2. Corporate Capability

2. Past Performance

3. Price

TECHNICAL EVALUATION

Technical Quotations will be evaluated using a combined technical/risk rating. The combined technical/risk rating includes consideration of risk in conjunction with the identification of strengths and weakness(es).

The risk factors consider the potential for disruption of schedule, increased costs, degradation of performance, the need for increased Government oversight, and the likelihood of unsuccessful contract performance. An assessment of Combined Technical/Risk, which is manifested by the identification of Combined Technical/Risk evaluations, shall utilize the Combined Technical/Risk ratings listed in the following table:

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Table 1: Combined Technical/Risk Ratings

Color Rating Description

Blue Outstanding/Very

Low Risk

Proposal meets requirements and indicates an exceptional approach and understanding of the requirements. Strengths far outweigh any weaknesses. Has little potential to cause disruption of schedule, increased cost or degradation of performance. Normal contractor effort and normal Government monitoring will likely be able to overcome any difficulties. Risk of unsuccessful performance is very low.

Purple Good/Low Risk

Proposal meets requirements and indicates a thorough approach and understanding of the requirements. Proposal contains strengths which outweigh any weaknesses. Minimal potential to cause disruption of schedule, increased cost or degradation of performance. Some contractor effort and some Government monitoring will likely be able to overcome any difficulties. Risk of unsuccessful performance is low.

Green Acceptable/

Moderate Risk

Proposal meets requirements and indicates an adequate approach and understanding of the requirements. Strengths and weaknesses are offsetting or will have little or no impact on contract performance. Can potentially cause disruption of schedule, increased cost or degradation of performance. Special contractor emphasis and close Government monitoring will likely be able to overcome difficulties. Risk of unsuccessful performance is no worse than moderate.

Yellow Marginal/High

Risk

Proposal does not clearly meet requirements and has not demonstrated an adequate approach and understanding of the requirements. The proposal has one or more weaknesses which are not offset by strengths. Is likely to cause significant disruption of schedule, increased cost or degradation of performance. Is unlikely to overcome any difficulties, even with special contractor emphasis and close Government monitoring. Risk of unsuccessful performance is high.

Red Unacceptable/ Unacceptable

Risk

Proposal does not meet requirements and contains one or more deficiencies. Proposal is un-awardable. Proposal contains a material failure or a combination of significant weaknesses that increases the risk of unsuccessful performance to an unacceptable level. Risk is unacceptable.

Definitions:

Strength: An aspect of the Offeror’s proposal that has merit or exceeds specified performance or capability requirements in a way that will be advantageous to the Government during contract performance.

Weakness: A flaw in the Offeror’s proposal that increases the risk of unsuccessful contract performance

Significant Weakness: A flaw in the Offeror’s proposal that appreciably increases the risk of unsuccessful contract performance.

Deficiency: A material failure in the Offeror’s proposal to meet a Government requirement or a combination of significant weaknesses in a proposal that increases the risk of unsuccessful contract performance to an unacceptable level.

TECHNICAL CRITERIA

1. Understanding the Requirement & Technical Approach The proposal should provide a sufficient level of detail to indicate that the offeror clearly understands the Statement of work (SOW) and can meet all technical requirements set forth therein, including but not limited to:

• Establishing and maintaining clean, below ground storage vaults with shelving, microfilm cabinets, tape containers and environmental specifications outlined in the SOW, including an anteroom for materials moved in or out of the cold vault.

• Monitoring and reporting temperature and humidity data in the storage vaults on a monthly basis.

• Carefully handling, packing and interfiling film and tapes in a manner that facilitates retrieval and re-filing.

• Well-maintained water detection, smoke detection, fire suppression and vault access control systems with uninterrupted, around-the-clock monitoring

• Emergency response plan for the protection, salvage and recovery of NLM media in the event of a disaster, including relocation of NLM assets to another location if necessary.

• Safety inspections of the storage spaces, including testing of smoke, fire, water and door alarm systems and checks for stability of the storage space itself.

• Provision of periodic reports specified in the SOW.

• Facility is secure but accessible to authorized NLM staff.

• Prompt response to all NLM requests for pickup and retrieval with 24-hour turnaround time.

• Provision of round-trip courier service between the facility and the National Library of Medicine facility in Bethesda, MD, using refrigerated vehicles. Facility location must be close enough to Bethesda, Maryland, to complete a round-trip delivery within a 24-hour period. Please include the location of the facility.

2. Corporate Capability Offerors are required to demonstrate that adequate resources are available to fully comply with the NLM requirement for clean, safe, well maintained, below-ground storage of sensitive film and tape materials, including provision and ongoing maintenance of heating, ventilating and air conditioning (HVAC) systems and alarmed fire suppression and smoke, water and access detection systems with around-the-clock monitoring. Offeror is required to demonstrate that adequate resources are available for ongoing filing, retrieval and research, disaster response and provision of 24-hour turnaround pickup and delivery service that does not expose NLM materials to risk of damage.

3. Past Performance

• The Offeror must demonstrate a history of successful performance providing similar services. The past performance shall demonstrate the contractor’s background and experience with projects of a similar size and technical requirements.

• The Government will conduct reference checks in order to determine the Offeror’s corporate past performance. Offerors are required to provide three references with names and contact information of individuals who have direct knowledge of the offeror's past performance. Relevant contracts and projects referenced must have been completed within the past five (5) years or currently in progress for services and support similar to the requirements of the SOW. References will be asked to discuss the following:

a. Adequacy of the offeror’s storage spaces in relation to requirements for the protection and life-extension of sensitive film and tape media.

b. Adequacy of the offeror’s filing, research, pickup and delivery services.

c. Clarity and accuracy of the offeror’s invoices and invoicing system.

Past performance evaluations shall utilize the Past Performance Confidence Ratings listed in Table 2 below:

Table 2. Past Performance Confidence Ratings

Rating Description

Highest Confidence

Based on the offeror’s performance record and relevance of experience, highest confidence that the offeror will successfully perform the required effort.

Above Average Confidence

Based on the offeror’s performance record and relevance of experience, above average confidence that the offeror will successfully perform the required effort.

Average Confidence

Based on the offeror’s performance record and relevance of experience, average confidence that the offeror will successfully perform the required effort.

Low Confidence

Based on the offeror’s performance record and relevance of experience, little confidence that the offeror will successfully perform the required effort.

Table 2. Past Performance Confidence Ratings

Rating Description

No Confidence

Based on the offeror’s performance record and relevance of experience, no confidence that the offeror will successfully perform the required effort.

Unknown Confidence

No performance record, unknown confidence that the offeror will successfully perform the required effort. This rating is neither favorable nor unfavorable.

4. Price: Contracting Officer will determine price fair and reasonable in accordance with FAR 15.404-

1(b)(2).