FDA-22-SOL-1231488_Amend6.pdf

RFP Number: FDA-22-SOL-1231488 Audio Visual Support, Design, Installation and Equipment/System Services

Food and Drug Administration (FDA)

Request for Proposal #: FDA-22-SOL-1231488

1. SOLICITATION INFORMATION

1.1 NOTICE OF COMBINED SYNOPSIS/SOLICITATION

This is a combined synopsis/solicitation for commercial items prepared in accordance with (IAW) the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. This is a request for proposal (RFP) for commercial items IAW the procedures of FAR Part 12 – Acquisition of Commercial Items, in conjunction with FAR Part 15 – Contracting by Negotiation.

1.2 NOTICE OF FAC

This solicitation document incorporates provisions and clauses in effect through Federal Acquisition Circular FAC 2021-07, effective August 11, 2021.

1.3 NOTICE OF NAICS/SET-ASIDE

This requirement is being solicited as a competitive 8(a) small business set-aside. The associated North American Industry Classification System (NAICS) codes isare 541513 - Computer Facilities Management Services238210 - Audio equipment installation contractors, 541513 - Computer Facilities Management Services, 518210 - Data Processing, Hosting, and Related Services, 238290 - Other Building Equipment Contractors, 541990 - All Other Professional, Scientific, and Technical Services. Offerors must have an active registration in SAM.gov (https://beta.sam.gov/), with completed representations and certifications, by the close date of the solicitation. Proposals submitted by offerors without an active registration in SAM.gov will not be considered.

2. DESCRIPTION OF REQUIREMENTS/STATEMENT OF WORK

2.1 BACKGROUND

The Food and Drug Administration (FDA) has an ongoing need for the use of Audio-Visual (AV) technology to support the physical and virtual workspace at its various facilities and at commercial venues. The requirement is principally located in the Washington metropolitan area with the majority occurring at FDA headquarters at its White Oak campus in Silver Spring, Maryland. The consolidation of over 11,000 FDA personnel to the White Oak campus has allowed the Agency to gain the benefit of accessing meeting rooms on a shared use basis among the various component organizations located there such as the Center for Biologics Evaluation and Research (CBER), the Center for Drug Evaluation and Research (CDER), Center for Devices and Radiological Health (CDRH), the Center for Tobacco Products (CTP) and the Office of Operations. To derive the benefit of shared meeting space, central AV and meeting room support is provided to over 250 meeting rooms on the campus. The ability to provide AV services including the use of telecommunication and information technology equipment allows FDA to leverage sophisticated technology to enhance and support meetings, facilitate participation by personnel who telework and reduce travel requirements. FDA routinely uses integrated telecommunications technology, such as Cisco WebEx, Adobe Connect Pro and Cisco Video Teleconference equipment to enhance its meeting capabilities; to broadcast special events and public meetings; and to allow personnel working from alternative worksites to participate in meetings.

https://beta.sam.gov/

2.2 SCOPE OF WORK

The contractor shall provide the full range of technical and non-technical audio-visual and meeting room services to support meetings, training and conferences that are held by the FDA virtually in government and commercial facilities. Services may be needed on an ongoing or one-time basis such as may be required to support a conference facility or for specific events.

Technical support services are intended to leverage the use of conventional technology such as conference phones and/or advanced meeting technology such as streaming, webmeeting, webcasting IT software and equipment.

1. Program Planning and Management

2. Program AV Support Services

3. Public Meeting Support, Preparation and Set-up

4. System Design, Installation and Service Capability

5. Program Equipment, Furnish, Maintain and Repair

Technical support services shall include, as specified by individual task orders, maintenance of AV equipment and related computer applications. Technical operation and interface of AV equipment with computer applications, data management and telephone equipment including video teleconference equipment shall be a requirement of the contract service providers.

Additional technical service requirements include the provision of AV services, AV system installation services and the provision for an equipment service protocol. The technical service requirements shall include the regular manufacturers’ recommended maintenance of equipment and a service plan that provides preventive maintenance or periodic replacement. Moreover, services under this (indefinite delivery-indefinite quantity (IDIQ) include the repair, replacement and upgrading of existing equipment.

Non-technical support services include the preparation of rooms for conference, meeting and training including the configuration and layout of furniture and light housekeeping as needed. The Contractor shall have the capability to procure software licenses and renewals for software identified in individual Task Orders. All software procured under this IDIQ shall be owned by FDA.

TASKS

Tasks under this IDIQ contract will be specific to the location where services are to be provided and to the level of service required by individual organizations that are to be served.

2.2.1 PROGRAM PLANNING AND MANAGEMENT

Consistent program planning and management is needed to achieve a centralized, sustained management of AV services for the White Oak Conference Center. To achieve this objective, the Contractor shall provide the complete range of program planning and management services necessary to maintain the FDA Audio Visual services and systems. The Contractor shall be responsible for contract management activities assuring continuity of day-to-day operations.

Representative program planning and management activities in this area include:

1. Developing and submitting monthly status and operation reports that summarize the requested reporting elements for all Task Orders (TO) under the IDIQ. The Contractor shall submit a single report that includes the following requested reporting elements:

a. Reporting Period

b. Project Name

c. Description

d. Contract Number

e. Start and Complete Date

f. IDIQ Budget

g. Center/COR/Contact Info

h. Contractor/Vendor Name

For each of the TOs (If applicable, include for the base period-labor, base period-materials, optional period (1-4)-labor, optional period (1-4)-materials, and optional periods (1-4):

i. Notice to Proceed Date

j. Expiration Date

k. Total Contract Value

l. Authorized Amount

m. Billed to Date Amount

n. Over-burn / Under-burn

o. Available Balance

p. Task Status

q. Totals for each TO

2. Developing an Operations Management manual that shall serve to document procedures and the basis for the development of standard operating procedures. The Operations Management manual shall record all relevant business and operating processes associated with the satisfaction A/V requirements. As directed by the COR, the Contractor shall develop Task Order level Operations Management manuals. Upon the completion of the Task Order level Operations Management manuals, the Contractor shall incorporate these documents into the IDIQ-level Operations Management manual.

3. Creating an overall Project Plan for completing requirements of the SOW and AV system design that shall include the following:

a. Scope management plan

b. Communications plan

c. Change management plan

d. Quality Assurance plan

e. Configuration management plan

f. Schedule management plan

g. Risk management plan

h. Project management plan

i. Cost management plan

j. Resource Management Plan

4. Reviewing all deliverables with designated FDA personnel and receiving approval before submission.

The Contractor shall plan and organize work to deliver required results, provide appropriate resources to complete the work within agreed upon timeframes, and provide guidance and leadership to those resources; create an overall project plan for completing requirements of all task orders under the IDIQ.

2.2.2 PROGRAM AUDIO VISUAL SUPPORT SERVICES

The Contractor shall provide appropriate levels of AV support services during normal working hours, Monday through Friday; and during the evening hours; Monday through Friday for night operations, weekend days or as specified by individual task orders awarded under this contract. Individual task orders will specify the working hours.

Representative support services activities in this area include the following:

1. Operation of conference, meeting and training room AV/IT, sound systems and telephone technology

2. AV non-technical and technical preparation and support for Webcast, Web meeting, Webinar and video teleconferences

3. Use and maintenance of room scheduling system for scheduling purposes

4. Periodic re-imaging of displays training computers

5. Understand the terms of existing warranties for repair or replacement

a. Invoking warranties of computer equipment for repair or replacement when required

b. Arranging for the installation of new telephone and data ports when required

c. Maintaining a list of all equipment, warranty dates, software license information

d. Activation of new and existing telephone and data ports

6. Assist meeting presenters with access to local accounts and to network accounts

7. Setting appropriate room lighting and climate control

8. Room setup, furniture configuration and light housekeeping

2.2.3 PUBLIC MEETING SUPPORT, PREPARATION AND SET-UP

As part of FDA’s regulatory function, public meetings are advertised in the Federal Register and held at public locations including government and commercial facilities. The Contractor shall provide non-technical, technical and logistical support for these meetings. The non-technical and technical requirements for AV and computer applications for public meetings are consistent with the requirements as described in the sections above.

Logistical requirements may include providing various audio visual and IT equipment needed to support public meetings on Government property and offsite locations as needed on a one-day and multiple day basis. Logistical requirements will be limited to meeting, training and conference related services and specifically excludes transportation of personnel, security and food service.

VENUE AS A SERVICE

The Contractor shall have the capability to locate and acquire services of commercial conference and meeting space venues to meet the requirements of the government. The conference and meeting space must meet the technical specifications identified in the task order or be adaptable to the government’s requirements through the use of portable/mobile equipment.

The Contractor shall provide technical and non-technical support services including AV support to the FDA when using commercial conference and meeting space venues in preparation for, during, and after meetings. Support services are intended to meet the logistical and technical requirements of each meeting comprehensively. The Contractor shall plan for, set up, and support the technical requirements of scheduled events. The Contractor’s technical personnel shall be able to ensure proper setup of equipment and to troubleshoot problems as they occur.

The Contractor’s technical personnel shall have the capability to assist with operating the electronic equipment, setup, and management of webcasting for meetings and events.

For events that require a transcription service when using commercial conference and meeting space venues, the Contractor shall provide an AV feed to the FDA Center’s transcription service provider. The Contractor will not be responsible for providing transcription services as part of the performance of any task order executed under this IDIQ, as transcripts are a material aspect of meeting proceedings provided by FDA Centers under separate contract.

2.2.4 SYSTEM DESIGN, INSTALLATION AND SERVICE CAPABILITY

The contractor shall provide the technical expertise in designing, installing and servicing equipment.

Representative activities in this area include:

1. Design –

The Contractor shall perform system design services that may or may not include the requirement to install systems.

2. System Installation –

The contractor shall coordinate all installation services with the individual having jurisdiction over the facility. For the White Oak campus, the contractor shall coordinate with GSA and facilities personnel as power and data connections are strictly controlled and recorded in official floor plans. Installation services outside of the White Oak Campus shall be coordinated with the facilities representative of that building and shall be obtained from the COR for each task order.

3. Materials and Work – The Contractor shall be capable of furnishing, staging, and installing all material and equipment necessary including cabling, wall plates, AV racks, rack components, floor boxes, lectern components, displays and networks to provide FDA with turnkey AV systems.

a. Contractor Provisioned Software - The Contractor may be required to provision software under an order for use in installation and support of this IDIQ. The Contractor shall ensure that software licensee is identified as FDA and include the annual service agreement.

Representative types of software from AV.

AV

i. Creston

ii. AMX

iii. Adobe Acrobat Connect Pro

iv. Zoom

b. Power, Data and Cable - Contractor shall add or move power, data, and cable access if needed at FDA facilities in the Washington metropolitan area. For commercial facilities power, data and cable access will be determined on a case-by-case basis in coordination with the GSA, the FDA occupant, the FDA building manager, and the building owner’s representative.

4. Equipment Custody –

The Contractor shall maintain custody of equipment at all times including offsite storage to maintain inventory and to perform repairs or assembly at contractor site until it is installed and ready for use at the FDA site.

5. Project Management – Plan and organize work to deliver required results, provide appropriate resources to complete the work within agreed upon timeframes, and provide guidance and leadership to those resources;

create an overall project plan for completing requirements of the SOW and AV system design.

6. Product Guarantee/Warranty – The contractor shall guarantee all work completed as to material for a period one (1) year after period of performance task order ends. The Contractor shall replace any material found defective at the time of installation with new material. Replacement shall be done promptly and at no additional cost to the FDA. Unlimited phone, e-mail, web and online support shall be available at no charge.

7. Workmanship Guarantee/Warranty –

A work shall have a workmanship warranty that extends beyond the end of a project for a minimum of one year. The contractor shall obtain the FDA signature indicating “received.” prior to closing the project.

8. Documentation – The contractor shall provide A/V system user manual as part of system commissioning; as-built/as-installed drawings shall be provided for audio, video, control and network signal flows.

2.2.5 PROGRAM EQUIPMENT, FURNISH, MAINAIN AND REPAIR

Work requirements under this contract may require tasks with the sole objective of providing ongoing or periodic maintenance and repair or may include maintenance and repair associated with ongoing operations of specific facilities.

Representative activities in this area include but are not limited to:

1. Program Equipment –

Examples of technical responsibilities include routine repairs of equipment; temporary storage of equipment; keeping the inventory of equipment organized and in good working condition at all times; identification and coordination of necessary repairs and routine maintenance services as room availability allows; assist with maintenance of technical equipment/documentation for the proper operation and functions of the equipment; maintenance records, contractors call list, up to date and readily available. Maintenance may include items such as trouble shooting, restoration and reprogramming through equipment software.

2. Maintenance –

The contractor shall provide program equipment maintenance support associated with ongoing operations. Required timelines for replacement of other equipment and hardware shall be specified by the FDA through individual task orders. The contractor shall also provide annual service agreement of all related software licenses including AV, FWi, and EMS systems as specified by individual task orders.

3. Repair –

The contractor shall provide program equipment repair support and repair of equipment associated with ongoing operations.

4. Purchasing –

The contractor shall have purchasing capability to provide for maintenance, repair and replacement of AV systems equipment, ancillary supplies, and equipment including services for ongoing maintenance of equipment and system software.

5. IT/Telecom Service Coordination –

Service personnel/technicians shall become proficient with requesting IT support through the FDA Employee Resource Information Center (ERIC) that serves as a help desk when IT equipment and operating systems may be in need of maintenance or repair.

6. Additional Services and Risk Management –

The contractor shall perform equipment inventory, maintenance, service, risk analysis and maintain equipment condition index/assessment as a guide to FDA’s investment in preventive maintenance and system replacement.

DELIVERABLES

All deliverables will be specified and detailed by the FDA in specific task orders. All deliverables required under this contract shall be packaged, marked and shipped in accordance with FDA specifications. At a minimum, all deliverables shall be marked with the contract number and contractor name. The Contractor shall guarantee that all required materials shall be delivered in immediate usable and acceptable condition. The reports shall be delivered F.O.B. Destination as set forth in FAR Clause 52-247-35, F.O.B.

Destination, Within Consignee Premises (April 1984), as specified in the delivery schedule.

REPORTS

The Contracting Officer’s Representative (COR) shall work closely with the technicians and shall receive regular, daily oral reports on the activities. The COR may require deliverables such as weekly, monthly or annual reports. The COR shall be notified immediately if there are unforeseen problems and/or emergencies.

CRITERIA FOR ACCEPTANCE OF DELIVERABLES

The COR will review contractor deliverables in accordance with specifications and standards stated in the criteria established and any directives issued during the term of this contract. The COR has the authority to accept or reject deliverables.

The acceptance of deliverables and satisfactory work performance required herein shall be based upon the timeliness, accuracy and suitability of the deliverable. The specific deliverables and schedule for delivery shall be as agreed upon and documented.

Deliverables shall be submitted to the COR.

This contract incorporates the following clause(s) by reference:

• 52.246-2 – Inspection of Supplies-Fixed-Price (Aug 1996)

• 52.246-4 – Inspection of Services-Fixed-Price (Aug 1996)

• 52.246-6 – Inspection-Time-and-Material and Labor-Hour (May 2001)

• 52.246-12 – Inspection of Construction (Aug 1996)

• 52.246-15 – Certificate of Conformance (Apr 1984)

• 52.246-16 – Responsibility for Supplies (Apr 1984)

Deliverables will be identified at the Task level. A final inspection and acceptance of all work performed, reports and other deliverables will be performed by the COR to ensure the services/products provided meet the requirements of the Statement of Work (SOW) at the time of delivery, and the Contractor shall make changes as requested during the inspection and acceptance process.

Inspection and acceptance will occur at the place of performance and take place within ten (10) days of task being completed. The FDA will reject non-conforming products and services. The FDA will provide written notification of acceptance or rejection within ten (10) business days. Inspection will include review of the deliverables to ensure adequacy. The FDA will accept goods, reports and services only if they conform to all terms and conditions of the SOW, and satisfy the performance standards developed under the SOW. The Contractor shall incorporate all FDA feedback and submit revised deliverables within five (5) business days of receipt. If the Contractor cannot correct the deficiencies within the five (5) day cycle, the Contractor shall immediately notify the COR of the reason for the delay and provide a proposed corrective action plan within five (5) business days.

This contract incorporates the following clause(s) by reference:

• 52.242-15 – Stop-Work Order (Aug 1989)

• 52.242-17 – Government Delay of Work (Apr 1984)

• 52.247-34 – F.O.B. Destination (Nov 1991)

• 52.247-35 – F.O.B. Destination, Within Consignees Premises (Apr 1984).

PERSONNEL

The Contractor shall ensure that all Contractor support personnel are adequately trained, possess the credentials specified in the appropriate labor categories, and are otherwise fully qualified to provide the high level of support required by this IDIQ SOW prior to being assigned to task orders awarded.

1. Program Manager

2. Program Planner

3. Sr Audio Visual Support Technician

4. Jr Audio Visual Support Technician

5. Operations Manager

6. Production Specialist

7. Post-production Specialist

8. Audio Visual Project Manager

9. Audio Visual Design Engineer

10. Audio Visual Installation Technician

11. Electrician

12. Carpenter

13. Audio Visual Programmer

14. Audio Visual Service Technician

Each labor category may be utilized in the task orders as designated by the FDA

KEY PERSONNEL

Pursuant to the Health and Human Service Acquisition Regulation (HHSAR) Clause 352.270-5, “Key Personnel” will be designated in the Task Orders.

The Contractor shall provide the Key Personnel listed below, to demonstrate the technical and management expertise and experience necessary to perform a contract of this magnitude successfully. The following labor category shall be considered key personnel for this IDIQ:

• Program Manager

• Program Planner

TRANSITION

Transition activities take place to efficiently transition all activities from the incumbent Contractor to the new IDIQ Contractor. As tasked, the Contractor may be required to develop transition-in and transition-out plans and conduct transition activities for Task Orders issued against this IDIQ contract.

Transition-In

As specified by individual task order, the Contractor shall transition and assume the responsibility for activities and duties from the prior Contractor in a manner that does not interrupt or negatively impact FDA’s mission critical operations and activities. The purpose of the Transition-in requirement is to provide an orderly transition from the incumbent Contractor. For a period of time as specified by individual task order, the new contractor shall work with the incumbent contractor to affect a smooth transition of work from one vendor to the other.

Representative Transition-in activities are described below:

1. Develop a Transition-in Plan to ensure full operating accountability and responsibility of the task orders

2. Conduct and coordinate all on-boarding activities and obtain secure badging for team personnel.

3. Review business objectives, processes, and requirements as related to the tasks and activities being performed, and the data, equipment, systems and software being developed, or supported.

4. Review the current documentation including system design and operations documentation, release documents, project documentation, and any documentation related to current Audio Visual activities.

5. Participate in Transition-in meetings (initially to be held jointly with the incumbent Contractor).

6. Participate in other technical exchange meetings and opportunities to facilitate the transfer of information, processes, and data needed to continue the services being performed by the incumbent Contractor.

7. Ensure contractor personnel are available to work immediately after IDIQ task order awards.

8. Prior to the completion of the Transition-in activities, the Contractor shall certify that employees working on the contract have completed their review and understand requirements, documentation, processes, and technical environments.

9. Verify to the COR that all the Transition-out documents are available.

Transition-out As specified by individual task order, the Contractor shall facilitate the Transition-out of contracted activities and services to the FDA or, to a follow-on Contractor by the end of the contract period of performance.

As specified by individual task order, the Contractor shall provide Transition-out activities, to include, but not be limited to, a transition-out plan, leading technical exchange meetings with the successor to impart knowledge of processes, projects, data, systems, and applications, as well as sustainment activities to meet the task. The contractor shall ensure the technical exchange meetings will detail the technology used for their activities. During this period, the Contractor shall ensure no degradation in support provided under the task order. Between the turnover date designated by the COR and the end of the contract period of performance, the outgoing Contractor shall ensure all task order activities are closed out and provide sustainment support to complete the transition.

Representative Transition-out activities are described below:

1. Providing FDA with current versions of all documentation developed, maintained, or updated under this contract, to include the native format for attachments and diagrams (e.g., Visio), even those embedded in documents, reports, process automations, data, scripts and configurations (not COTS source code) with applicable configuration management information

2. Providing FDA with all licensing and renewal information, asset management records, software documentation, and training materials

3. Providing FDA with a current inventory of all Government-owned assets used by the Contractor along with full support in the reconciliation of this inventory

4. Providing the successor with the ability to “shadow” and participate in technical exchange meetings and opportunities to facilitate the transfer of information, processes, and data needed to continue the services being performed by the Contractor

3. CONTRACT TYPE AND MINIMUM/MAXIMUM AMOUNTS

3.1 CONTRACT TYPE

This is a single-award Indefinite Delivery-Indefinite Quantity (IDIQ) type contract, per FAR 16.5.

Authorized contract types under this IDIQ contract are: Labor-Hour (LH), Time-and-Materials (T&M), and Firm-Fixed-Price (FFP).

3.2 MINIMUM AND MAXIMUM CONTRACT VALUE

IDIQ Minimum: The minimum guarantee for this IDIQ contract is $3,000.00, which will be obligated at the time of IDIQ award.

IDIQ Maximum: The maximum aggregate dollar value of all task orders awarded over the 5-year ordering period of this IDIQ shall not exceed the IDIQ ceiling amount of $99,917,749.00.

See FAR Clause 52.216-19 (OCT 1995) for individual order limitations.

4. PRICING AND ORDERING OF SERVICES

4.1 OVERVIEW OF PRICING SCHEDULE

The Contractor’s pricing schedules for labor categories shall contain fully burdened hourly rates. The fully burdened hourly rates for each labor category shall include wages, indirect costs, fringe benefits, overhead, general and administrative, and profit. Hourly rates shall apply to services at both Government and non-Government sites.

By mutual agreement of the parties, additional labor categories may be added to this IDIQ contract to support the tasks of this contract.

4.2 PRICING TERMS

The Contractor shall comply with FAR Clause 52.212-4, Alt I, Contract Terms and Conditions – Commercial Items (OCT 2018) with regard to the ceiling price for each labor-hour or time-and-materials type task order. The total amount specified in Firm-Fixed Price (FFP) task orders shall be fixed for the task order period of performance and shall not be subject to adjustment; except, as a result of a direct action or inaction by the Government which delays the Contractor from completing the task order within the time specified in the order. The Contractor shall comply with FAR Clause 52.212-4, Contract Terms and Conditions – Commercial Items (OCT 2018) in regard to the firm-fixed-prices for individual task orders.

4.3 ORDERING

A request for task order proposal (RFTOP) will be issued via email for individual task orders. Task orders against the IDIQ contract will be issued via email and will be in accordance with FAR 16.505 and FAR Clause 52.216-18 (August 2020).

4.3.1. Ordering Procedures

Any Contracting Officer of the Food and Drug Administration (FDA) is authorized and may place orders under this IDIQ contract. Each individual task order will describe the specific performance requirements.

The process for issuing task orders is as follows:

1. The FDA CO will issue a RFTOP via email. The RFTOP will include the following information:

a. SOW

b. Period of performance

c. Anticipated contract type

d. Reporting requirements and deliverables

e. Key Personnel (If applicable)

f. Any special terms and conditions specifically applicable to the task order

2. The Contractor will typically have a minimum of ten (10) business days, unless otherwise specified, to provide a proposal in response to the RFTOP. The proposal shall include:

a. Description of the technical approach to the task order requirements

b. Price buildup (including labor categories, hours for each labor category, extended pricing, total task order pricing, other direct costs, and concurrence with the anticipated contract type)

c. Resumes of any key personnel identified in the RFTOP

3. The FDA will evaluate the task order proposal for technical acceptability and price reasonableness.

If the FDA has questions or concerns, the Contracting Officer will contact the Contractor and may request a revised proposal.

4. If the task order proposal is determined acceptable, the Contracting Officer will issue a task order.

All task orders will, at a minimum, include the following:

a. Task Order number

b. Date of Task Order

c. Funding for the Task Order

d. Task order SOW and specific deliverables and due dates

e. Task order pricing

f. Period of performance of the task order

g. Any terms, conditions and instructions specific to the task order

Any work that the Contractor undertakes prior to receiving a fully executed task order that has been signed by the Contracting Officer (or the Contractor has received prior authorization to proceed from the Contracting Officer) shall be at the Contractor’s risk.

4.3.2. Pricing of Orders

a. Proposals submitted in response to a RFTOP must be in accordance with the Ordering Period rates in the IDIQ Price Schedule based on the performance start date of the task order, and that rate must be used for the duration of the task order performance period; however, if a task order’s performance period is longer than 12 months, the Contractor may propose the applicable ordering period rate for that portion of the performance period after the 12 month period. The Contractor may propose lower rates in response to a RFTOP.

b. RFTOPs may include option periods in accordance with FAR Clause 52.217-9 (MAR 2000). However, option periods must utilize the Ordering Period rates listed in the IDIQ Price Schedule, based on the performance start date of the option period.

c. Labor-Hour (LH) and Time-and-Materials (T&M) type task orders will include a ceiling price.

d. If a task order’s stated period of performance must be extended as a result of Government delay, the

Contractor may request that the most current labor rates be used to price the work effort during the extended period for LH and/or T&M task orders.

These Ordering Pricing terms and conditions apply to all task orders issued against this IDIQ contract.

5. CONTRACT ADMINISTRATION DATA

5.1 PERIOD OF PERFORMANCE

The anticipated period of performance for this contract will be a 5 year continuous period of performance with 5 ordering periods of 1 year each from the date of award.

The period of performance for task orders will be specified in individual orders. Two (2) constraints apply to the period of performance for task orders:

1. Individual task orders may not exceed five (5) years (inclusive of option periods)

2. The period of performance end date of the last option period on individual task orders may not extend more than 24 months beyond the last IDIQ Ordering Period end date

5.2 PLACE OF PERFORMANCE

The place of performance for tasks under this IDIQ contract will be specified in the individual Task Orders.

Locations will be FDA sites primarily located in the eastern United States and the Washington metropolitan area. Locations may include, but not be limited to, Federal facilities, offices, warehouses, delivery centers, and other locations defined in individual Task Orders.

However, the Contractor shall primarily perform activities at the White Oak Campus (WO), located at:

10903 New Hampshire Ave, Silver Spring, Maryland 20993

Note: Performance under this IDIQ may require travel the contractor employees. If travel within the domestic United States (CONUS) is required, the contractor is responsible for making all needed arrangements for its employees.

5.3 HOURS OF OPERATION

Standard workday for personnel includes and 8 and one-half hour workday that shall include a one-half hour non-billable lunch break unless otherwise specified by individual task order.

Work at a Government site shall not take place on Federal holidays or weekends unless directed by the CO. There are 10 11 Federal holidays set by law (USC Title 5 Section 6103) that FDA follows:

Under current definitions, four five are set by date:

New Year's Day January 1 Independence Day July 4 Veterans Day November 11 Christmas Day December 25

Juneteenth June 19

If any of the above falls on a Saturday, then Friday shall be observed as a holiday. Similarly, if one falls on a Sunday, then Monday shall be observed as a holiday.

The other six (6) are set by a day of the week and month:

Martin Luther King's Birthday Third Monday in January Washington's Birthday Third Monday in February Memorial Day Last Monday in May Labor Day First Monday in September Columbus Day Second Monday in October Thanksgiving Fourth Thursday in November

Any other day designated by Federal statute Any other day designated by Executive Order Any other day designated by the President

Observance of such days by Government personnel shall not be cause for an extension to the delivery schedule or period of performance or adjustment to the price, estimated cost, or fee(s), if any, except as set forth in the contract.

Except for designated around-the-clock or emergency operations, Contractor personnel will not be able to perform on-site under this contract with FDA on holidays set forth above. The Contractor will not charge any holiday as direct charge to the contract. In the event Contractor personnel work during a holiday observed by the Contractor other than those above, no form of holiday or other premium compensation will be reimbursed as either a direct or indirect cost. However, this does not preclude reimbursement for authorized overtime work.

In the event the FDA grants administrative leave to its Government employees at the site, on-site Contractor personnel shall also be dismissed if the site is being closed. However, the Contractor shall continue to provide sufficient personnel to perform around-the-clock requirements of critical efforts already in progress or scheduled and shall be guided by the instructions issued by the Contracting Officer or her/his duly appointed representative. In each instance when the site is closed to Contractor personnel as a result of inclement weather, potentially hazardous conditions, explosions, or other special circumstances, the Contractor will direct its staff as necessary to take actions such as reporting to its own site(s) or taking appropriate leave consistent with its policies. The cost of salaries and wages to the Contractor for the period of any such site closure shall be a reimbursable item of direct cost under the contract for employees whose regular time is normally a direct charge if they continue to perform on contract work; otherwise, the costs are reimbursable as indirect costs in accordance with the Contractor's established accounting policy.

Hours of operation vary and will be identified in the individual Task Orders.

NOTICE TO THE GOVERNMENT OF DELAYS

In the event the Contractor encounters difficulty in meeting performance requirements, or when the Contractor anticipates difficulty in complying with the contract delivery schedule or completion date, or whenever the Contractor has knowledge that any actual or potential situation is delaying or threatens to delay the performance of this contract, the Contractor shall immediately notify the Contracting Officer and COR in writing, giving pertinent details. This data shall be informational only in character and this provision shall not be construed as a waiver by the Government of any delivery schedule or date, or any rights or remedies provided by law or under this contract.

5.4 CONTRACTING OFFICER (C0)

Contracting Officer’s Authority: The Contracting Officer is the only individual who has the authority to enter into, administer, or terminate this contract and is the only person authorized to approve changes to any of the requirements under this contract. It is the Contractor’s responsibility to contact the CO immediately if there is even the appearance of any technical direction that is, or may be, outside the scope of the contract. In the event the Contractor effects any changes to this contract or contracts at the direction of any person other than the CO, the changes will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof. The CO will be the only individual authorized to accept nonconforming work, waive any requirement of the contract/task order and modify any term or condition of the contract/task order. The Contracting Officer is the only individual who can legally obligate Government funds. No costs chargeable to the proposed contract can be incurred before receipt of a fully executed contract or specific authorization from the Contracting Officer.

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 any costs incurred during the performance of this contract; or (5) otherwise change any terms and conditions of this contract.

The following person is the Contracting Officer for this contract:

Gary Klaff Office of Acquisitions and Grants Services 4041 Powder Mill Road Beltsville, MD 20705 Email: gary.klaff@fda.hhs.gov Phone: (240) 402-7555

The Contract Specialist supports the Contracting Officer. The following person is the Contract Specialist:

Maeve Xavier Office of Acquisitions and Grants Services 4041 Powder Mill Road Beltsville, MD 20705 Email: Maeve.Xavier@fda.hhs.gov Phone: (240) 402-7609 mailto:gary.klaff@fda.hhs.gov mailto:Maeve.Xavier@fda.hhs.gov

5.5 CONTRACTING OFFICER’S REPRESENTATIVES (CORS)

5.5.1. Contracting Officer’s Representative’s Authority:

The Contracting Officer (CO) may designate other Government personnel, known as the Contracting Officer’s Representative (COR) to act as his or her authorized representative for contract administration functions which do not involve changes to the scope, price, schedule, or terms and conditions of the contract. The designation will be in writing, signed by the Contracting Officer, and will set forth the authorities and limitations of the representative(s) under the contract. Such designation will not contain authority to sign contractual documents, order contract changes, modify contract terms, or create any commitment or liability on the part of the Government different from that set forth in the contract. CORs do not have authority to act as agent of the Government under the contract or task order. The Government may unilaterally change its COR designation.

5.5.2. IDIQ Contracting Officer’s Representative (IDIQ COR):

The IDIQ COR, to be designated at time of contract award, will represent the Government for the purpose of the IDIQ. The IDIQ COR will be responsible for the following:

• Tracking compliance with Subcontracting Plan across task orders (if applicable)

• Tracking and monitoring contract ceiling

• Tracking and monitoring staff allocation across task orders

• Reviewing changes to staffing matrix

• Secondary point of contact for issues that need to be escalated

• Reviewing Task Order SOWs for scope compliance

• Completing annual CPARs evaluations

The following person has been identified as the IDIQ COR:

Steven Bryant

OO/OFEMS/DOMCR/LTMB

Email: Steven.Bryant@fda.hhs.gov Phone: (301)796-2314

5.5.3. Task Order Contracting Officer’s Representative (TO COR):

For each individual task order, a Task Order (TO) COR will be assigned. The TO COR will serve as the Contractor’s first point of contact for any technical questions and is responsible for: (1) monitoring the Contractor’s technical progress, including the surveillance and assessment of performance and compliance with all substantive project objectives; (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; (5) assisting in the resolution of technical problems encountered during performance; and (6) providing technical direction; and, (7) reviewing and approving invoices/vouchers.

mailto:Steven.Bryant@fda.hhs.gov

5.6 TASK ORDER PROJECT MANAGERS (TO PMS):

Task Order project managers may assist the CORs, but will not have the authority to provide technical direction; however, they may be responsible for: (1) monitoring the Contractor’s technical progress, including the surveillance and assessment of performance and compliance with all substantive project objectives; (2) performing technical evaluation as required; (3) performing technical inspections and acceptances then reporting to the COR of the acceptance as required by this performance; and (4) reviewing of invoices/vouchers.

5.7 TECHNICAL DIRECTION

Performance of the work under this contract shall be subject to the technical direction of the COR. The term “technical direction” is defined to include, without limitation, the following:

• Directions to the Contractor which redirect the contract effort, shift work emphasis between work areas or tasks, require pursuit of certain lines of inquiry, fill in details or otherwise serve to accomplish the contractual statement of work.

• Provision of information to the Contractor which assists in the interpretation of drawings, specifications, or technical portions of the work description.

• Review and, where required by the contract, approval of technical reports, drawings, specifications, and technical information to be delivered by the Contractor to the Government under the contract.

Technical direction must be within the general Scope of Work stated in the contract. The COR does not have the authority to and may not issue any technical direction which:

• Constitutes an assignment of additional work outside the general Scope of Work of the contract.

• Constitutes a change as defined in the applicable contract clause FAR 52.212-4.

• Change any of the expressed terms, conditions, or specifications of the contract.

All technical direction will be issued in writing by the COR or will be confirmed by him/her in writing within five (5) business days after issuance.

If, in the opinion of the Contractor, any instructions or direction issued by the COR is within one of the categories described above, the Contractor shall not proceed but shall notify the Contracting Officer in writing within 5 working days after the receipt of any such instructions or direction and shall request the Contracting Officer to modify the task order, accordingly. Upon receiving such notification from the Contractor, the Contracting Officer will either issue an appropriate contract modification, advise the Contractor in writing that, in his/her opinion, the technical direction is within the scope of this contract, or notify the Contractor and COR that the instruction/direction is not within scope and the contractor cannot proceed. If the Contracting Officer confirms the work is within scope of the contract, the Contractor shall proceed immediately with the instructions or directions and shall be subject to the “Disputes” clause within FAR 52.212-4(d), Contract Terms and Conditions – Commercial Items.

5.8 INVOICING PROCEDURES

Specific invoicing instructions may be provided in each individual task order. Unless otherwise specified in the task order, the FDA Invoicing procedures are as follows:

A. The Contractor shall submit all invoices to:

U.S. FOOD AND DRUG ADMINISTRATION

Attn: Vendor Payments Division of Payment Services 10903 New Hampshire Ave WO32 - Second Floor

MAIL HUB 2145

Silver Spring, MD 20993-0002 301-827-3742 FDAVendorPaymentsTeam@fda.hhs.gov

*** Acceptable methods of delivery include: E-mail (preferred) and Standard Mail. Provide a copy marked courtesy to the COR.

B. Invoices submitted under this contract must comply with the requirements set forth in FAR Clauses 52.232-25 (Prompt Payment) and 52.232-33 (Payment by Electronic Funds Transfer – System for Award Management) and/or other applicable FAR clauses specified herein. To constitute a proper invoice, the invoice must be submitted on company letterhead and include each of the following:

(i) Name and address of the contractor;

(ii) Invoice date and invoice number;

(iii) Contract/Order number (including a reference to any base award for Indefinite-Delivery/Indefinite- Quantity Contracts or Blanket Purchase Agreements);

(iv) Description, quantity, unit of measure, unit price, and extended price supplies delivered or services performed, including:

(a) period of performance for which costs are claimed;

(b) itemized travel costs, including origin and destination;

(c) any other supporting information necessary to clarify questionable expenditures;

(d) the contractor shall include the Contract Line Item/Funding line item for each description, quantity, unit of measure, unit price, and extended price supplies delivered or services performed;

(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 (Prompt Payment terms other than NET 30);

(vii) Name and address of official to whom payment is to be sent (must be the same as that in the purchase order/award, or in a proper notice of assignment)

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

(ix) Taxpayer Identification Number (TIN);

(x) Banking routing transit number of the financial institution receiving payment for Electronic funds transfer (EFT);

(xi) Name and telephone number of the FDA Contracting Officer Representative (COR) or other Program Center/Office point of contact, as referenced on the award;

(xii) For all Inspections, Time-and-Materials and Labor-Hour Awards, Contractor is required to attach an invoice log addendum to each invoice which shall include, at a minimum, the following information for contract administration and reconciliation purposes:

(a) list of all invoices submitted to date under the subject award, including the following:

(1) invoice number, amount, & date submitted mailto:FDAVendorPaymentsTeam@fda.hhs.gov https://www.acquisition.gov/far/current/html/52_232.html https://www.acquisition.gov/far/current/html/52_232.html https://www.acquisition.gov/far/current/html/52_232.html

(2) corresponding payment amount & date received

(b) total amount of all payments received to date under the subject contract or order

(c) and, for definitized contracts or orders only, total estimated amounts yet to be invoiced for the current, active period of performance;

(xiii) Any other information or documentation required by the award.

C. An electronic invoice is acceptable if submitted in adobe acrobat (PDF) format. All items listed in (i) through (xiii) of this clause must be included in the electronic invoice. Electronic invoices must be on company letterhead and must contain no ink changes and be legible for printing.

D. Questions regarding invoice payments should be directed to the Employee Resource and Information Center (ERIC) Helpdesk at 301-827-ERIC (3742) or toll-free 866-807-ERIC (3742); or, by email at ERIC@fda.hhs.gov. Refer to the Call-in menu options and follow the phone prompts to dial the option that corresponds to the service that's needed. All ERIC Service Now Tickets will either be responded to or resolved within 48 hours (2 business days) of being received. When emailing, please be sure to include the contract number, invoice number and date of invoice, as well as your name, phone number, and a detailed description of the issue.

5.9 GOVERNMENT FURNISHED PROPERTY (GFP)

The Contractor shall be responsible for safeguarding all Government property provided for Contractor use. At the close of each work period, FDA facilities, equipment, and materials shall be secured. The Contractor shall take all necessary action needed to protect the Government's property against catastrophic events such as major or unusual weather conditions.

Before the completion date of the contract, a joint inventory of…