Fed_Biz_Opps_RFP.pdf

FDA-SOL-1168982

State and Territorial Laws and Regulations to Assess Consistency with Recommendations in the Food and Drug Administration (FDA) Food Code

PART 1 – Description

This is a Combined Synopsis/Solicitation for Commercial Items prepared in accordance with the format in FAR Subparts 12.6 and 13.5, and as supplemented with additional information included in this notice.

This Request for Quotations (RFQ) announcement constitutes the only solicitation that will be issued; a quote is being requested and a written solicitation will not be issued. The government contemplates a Firm-Fixed Price Purchase Order resulting from this solicitation. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-89-1, dated August 15, 2016.

The associated North American Industrial Classification System (NAICS) code for this procurement is 813920 – Professional Organizations; the small business size standard is 500 employees.

The Government reserves the right to award a purchase order/contract without additional communications if the Contracting Officer determines that the initial offer(s) is/are providing the Best Value and additional communications are not necessary.

1.1 Background

FDA provides assistance to state, local, tribal, and federal jurisdictions (partner agencies) that directly regulate food establishments at the retail level. One of the ways the Agency performs that function is through the development of the FDA Food Code which consists of model requirements for safeguarding public health and ensuring food is safe, unadulterated, and honestly presented when offered to the consumer. Although the Public Health Service has issued various model codes since 1934, the current, comprehensive model code first issued in 1993 and has been updated biennially through the 2001 edition.

The Food Code is offered for adoption by governmental jurisdictions for administration by the various units within each jurisdiction that have been delegated compliance responsibilities for food service, retail food stores, or food vending operations.

The FDA Food Code provides a scientifically sound technical and legal basis for regulating the retail segment of the food industry. It represents the Agency’s policy and best science-based advice for a uniform system of provisions that address the safety and protection of food served or sold at the retail level.

Nationwide adoption of the model FDA Food Code is an important step toward the agency’s goal for consistent, scientifically sound, and risk-based food safety standards and practices nationwide and establishes a sound regulatory foundation and legal framework for uniformity in achieving a reduction in the occurrence of foodborne illness risk factors. Further, adoption of the Food Code is a positive representation of a successful model for federal/state/local partnerships in improving food safety. FDA program and agency goals for prevention and intervention of food borne illness are strengthened when

FDA works more effectively with partner agencies. To help achieve these aims, FDA needs to continually assess adoption of the latest version of the FDA Food Code, especially with respect to provisions that address key foodborne illness risk factors and intervention strategies. FDA also needs to continue to monitor the effectiveness of FDA’s assistance to these partner agencies and to identify gaps where additional assistance maybe needed.

The FDA Food Safety Modernization Act (FSMA), signed into law by President Obama on January 4, 2011, enables FDA to better protect public health by strengthening food safety programs and developing an integrated food safety system. It enables FDA to focus more on preventing food safety problems rather than relying primarily on reacting to problems after they occur. The FSMA builds a formal system of collaboration and integration with other government agencies. In doing so, the statute explicitly recognizes that all food safety agencies need to work together in an integrated way to achieve our public health goals.

FDA serves as the lead federal agency on issues of food safety related to the retail food segment of the food industry, working through its National Retail Food Team, whose purpose is to develop and implement strategies to leverage and enhance the food safety and defense capacities of state/local/tribal regulatory retail food protection programs. The scope of FDA’s retail food safety mission impacts over 2,300 state, local, tribal, and territorial regulatory jurisdictions, encompassing over 27,000 regulators 1 million restaurants, with sales topping $709.2 billion dollars1; ~215,000 supermarkets, small grocery stores, and convenience stores2; over 101,000 public and non-profit private schools (grades K-12), which served 5 billion lunches, and 214 million after school snacks in 20093;

~5,795 hospitals4; and ~17,000 nursing home facilities5.

The FDA Retail Food Safety Initiative action plan, posted in September 2011 and available at:

http://www.fda.gov/Food/GuidanceRegulation/RetailFoodProtection/RetailFoodSafetyInitiative/default .htm, outlined several strategies for improving retail food safety.

Among the goals of FDA’s Retail Food Safety Initiative is to encourage widespread, uniform, and complete adoption of the FDA Food Code, and is complimented by the work to be conducted under this contract.

FDA will continue to work with partner agencies to further develop the regulatory foundation and implementation of targeted risk based interventions within such regulatory food safety programs.

Additional research is needed to assess the extent to which State and territorial regulations, ordinances, and codes are consistent with the latest version of the FDA Food Code, especially with respect to key foodborne illness risk factors and intervention strategies to determine the state of up-to-date protection of the U.S. population and to identify areas where assistance to these governments may promote the adoption of regulations based on the FDA Food Code.

References

1. National Restaurant Association. Industry at a glance. National Restaurant Association. 2011.

Available from: http://www.restaurant.org/research/facts http://www.restaurant.org/News- Research/Research/Facts-at-a-Glance http://www.fda.gov/Food/GuidanceRegulation/RetailFoodProtection/RetailFoodSafetyInitiative/default.htm http://www.fda.gov/Food/GuidanceRegulation/RetailFoodProtection/RetailFoodSafetyInitiative/default.htm http://www/

2. Progressive Grocer. Annual Report of the Grocery Industry – April 2011. Available from:

http://www.progressivegrocer.com/inprint/article/id1684/crunching-the-numbers/

3. U.S. Department of Agriculture Economic Research Service. (2010). Child nutrition programs:

national school lunch program. Retrieved on December 29. 2011 from http://www.ers.usda.gov/Briefing/ChildNutrition/lunch.htm.

4. American Hospital Association. AHA Hospital Statistics, 20ii edition. Available from:

http://www.aha.org/research/rc/stat-studies/fast-facts.shtml

Medicare.gov – http://www.medicare.gov/Nursing/Overview.asp

PART 2 – Supplies or Services and Prices/Costs

All interested prospective quoters/offerors shall provide quotations for the following:

Pricing Table:

Line Item

Description Price

0001 Update and Maintain an Active Surveillance System to Track and Report on the Adoption of FDA Food Code by State, Local and Tribal Nations

0002 Option Period One $

0003 Option Period Two $

0004 Option Period Three $

0005 Option Period Four $

PART 3 -Technical Requirements/Tasks

To successfully perform, the Contractor shall ensure that personnel possess National organizations and associations with membership that includes, but is not necessarily limited to, State, local, territorial, and/or tribal retail food regulatory jurisdictions will have the relationships and communication systems to access key retail food safety officials in state and local jurisdictions and are qualified to complete the following tasks:

The Contractor shall possess nationally recognized leadership and expertise in all areas covered by the FDA Food Code that is needed to conduct the research and provide recommendations to FDA from examining state and territorial regulations to assess consistency with recommendations in the FDA Food Code.

http://www/ http://www/

The Contractor shall conduct research, gather information, and write reports on the topic area below provided by FDA related to the adoption of the FDA Food Code and the status of State regulations and policies on issues related to retail food operations. The research shall address information gaps FDA has on adoption of the Food Code, including adoption of specific provisions of the Food Code.

At the request of FDA, the Contractor shall review existing state and territorial laws, rules and regulations and prepare reports that inform FDA of the content, and if applicable, the enforcement of such laws, rules and regulations. All tasks and deliverables are required for the base and option periods.

FDA is specifically interested in the status of laws, rules and regulations in all fifty (50) States and the US territories and variation in codes as it relates to:

Objective 1: Variance Requirements Specific food processes that require a variance have historically resulted in more foodborne illness than standard processes. They present a significant health risk if not conducted under strict operational procedures. The variance requirement is designed to ensure that the proposed method of operation is carried out safely. Some jurisdictions may not have a formal process to respond to industry requests for variances, although informal allowances may have been allowed in specific situations. Research is needed to determine where regulatory agencies have adopted a variance review process.

Objective 2: Definition of Terms. Research is needed to identify, for example, differences in the definitions used to describe food establishments, cut leafy greens, ready-to-eat foods, and food contact surface.

Objective 3: Date Marking. Research is needed on where are provisions 3-501.17 and 3-501.18 (Disposition) are adopted.

Objective 4: Food Handler. Research is needed to examine / identify food handler requirements for each state agency.

Objective 5: Certified Food Protection Manager. Research is needed to examine / identify Certified Food Protection Manager (CFPM) requirements for each state agency.

Objective 6: Other research on topics, as needed by FDA to address emerging or recommended changes in current science and food safety practices to reduce the incidence of risk factors known to cause foodborne illness.

The reports prepared by the Contractor shall include, for example:

i. The relevant citations to the specific state/territorial laws, rules and regulations and the dates they became effective;

ii. The text from the most relevant law, rule or regulation in each state and territory.

iii. The name of the Agency or Office within the State that has the primary authority to enforce the relevant law, rule or regulation.

iv. Information on the extent to which the state/territorial requirements differ from or are consistent with the FDA Food Code.

Research shall include, but is not limited to, reviewing open source documents. The Contractor shall obtain answers to research questions by contacting state food program administrators directly via email and/or phone calls.

PART 4 – Packing, 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.

PART 5 – Inspection and Acceptance

For the purpose of this Part the COR – to be determined upon contract award, is the authorized representative of the Contracting Officer. Inspection and acceptance will be performed at the location identified in part 6. Acceptance is communicated in writing unless otherwise indicated in writing by the Contracting Officer or COR within 30 days of receipt.

PART 6 – Deliveries and Place of Performance

The Contractor shall be responsible for appropriate and timely reporting as described below. All deliverables shall be provided via email to the Contracting Officer Representative (COR) using the methods and time frames specified below. Questions about the time frame for deliverables, or the method of submission, should be submitted to the COR via email.

Contract Deliverables

Communication

• The Contractor shall have bi-monthly telephone calls on a mutually agreed upon date with the COR or Program Subject Matter Expert. The first bi-monthly telephone call must occur not later than thirty (30) days after the contract is awarded. The Contractor may be asked to participate in conference call meetings to discuss tasks for this contract with members of the FDA Retail Food Policy Team. Travel funds for a face-to-face meeting are not requested. Communication between the Contractor and FDA will be via telephone and email.

• Monthly status updates shall be submitted via email to describe ongoing progress. The first monthly status report shall be submitted not later than thirty (30) days after the contract is implemented

• Invoices shall be submitted monthly and paid within thirty (30) days of receipt. Invoices shall be itemized by listing the task completed for that timeframe and the cost of each task.

• All reports shall be submitted via email to the COR.

Submission of Reports and Miscellaneous Documents

• The Contractor shall provide the proposed timeline for research and report-writing activities in an electronic format. This document shall be provided to the COR not later than thirty (30) days after award of this contract.

• Draft reports for each research topic shall be provided to the COR not later than sixty (60) days after the contract task is implemented.

• Final reports for each contract task shall be provided to the COR not later than 365 days after award of the contract.

• All reports and documents shall include relevant information and data from the research and provided to the COR in a Portable Document (PDF) or Microsoft Office Suite format, be web-ready, and 508-compliant.

• Raw data (including but not limited to numerical, categorical, and descriptive) collected during the research process shall be provided to the COR in a separate file at the time that the final report is submitted.

• The draft report and final report for each contract task shall be provided with appropriate citations and references.

• Any discrepancies in reported information/data or any errors identified in draft reports submitted to FDA shall be addressed by the Contractor and corrected within fifteen (15) days of identification of such.

Documents and reports provided to the COR The Contractor shall not use or release the reports or its data without explicit written approval from the FDA COR or until after the data has been released by

FDA.

6.1 Place of Performance

The place of performance shall be at the Contractor’s site.

6.2 Period of Performance

The period of performance of this contract shall be September 10, 2016 through September 9, 2017, with four (4) successive 12-month option periods. The option periods may be exercised in accordance with FAR Clause 52.217-9, Option to Extend the Term of the Contract (MAR 2000). The terms of the options are as follows:

Option Period One – September 10, 2017 through September 9, 2018 Option Period Two – September 10, 2018 through September 9, 2019 Option Period Three – September 10, 2019 through September 9, 2020 Option Period Four – September 10, 2020 through September 9, 2021

PART 7 – Contract Administration Data

Contracting Officers Representative (COR)

The COR, to be determined upon contract award, will represent the Government for the purpose of this contract.

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.

Contracting Officer (CO)

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 RFQ;

(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.

Contracting Officer:

James Whitt 5630 Fishers Lane Rockville, MD 20853 James.whitt@fda.hhs.gov 204.402.7555

Contract Specialist:

Anthony Webb 5630 Fishers Lane Rockville, MD 20853 Anthony.webb@fda.hhs.gov 240.402.7549

FDA Invoice Requirements

FDA THREE-WAY-MATCHING INVOICE CLAUSE

A. THE CONTRACTOR SHALL SUBMIT ONE (1) ORIGINAL COPY OF EACH INVOICE TO THE ADDRESS

SPECIFIED BELOW:

Office of Financial Services Food and Drug Administration 10903 New Hampshire Ave WO32 - Second Floor

MAIL HUB 2145

Silver Spring, MD 20993-0002 Attn: Vendor Payments

301.827.3742 or 866.807.3742 fdavendorpaymentsteam@fda.gov mailto:fdavendorpaymentsteam@fda.gov

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) Purchase order/award number;

(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 number 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;

(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) Electronic funds transfer (EFT) banking information, including routing transit number of the financial institution receiving payment

(xi) Name and telephone number of the FDA Contracting Officer (CO) and the Contracting Officer's Representative (COR) or other program center/office point of contact, as referenced on the order/contract;

(xii) Any other information or documentation required by the purchase order/award.

C. An electronic invoice shall be in adobe acrobat (PDF) format. All items listed in (i) through (xii) 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 FDA Payment Office at:

Food and Drug Administration/ Office of Financial Services, 10903 New Hampshire Ave WO32 - Second Floor, MAIL HUB 2145 Silver Spring, MD 20993-0002 Attn: Vendor Payments Phone 301-827-ERIC (3742)

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 (SAM) DATABASE) AND/OR OTHER APPLICABLE FAR

CLAUSES SPECIFIED HEREIN.

PART 8 - FAR and HHSAR CLAUSES

52.252-2 Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one or more clauses by reference, noted in Title 48, Federal Acquisition Regulation (FAR) System, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at: http://farsite.hill.af.mil/.

52.212-1 Instructions to Offerors – Commercial Items applies with the following addenda: Period for

Acceptance of Offers: The offeror agrees to hold the prices firm through September 30, 2016.

52.212-2 Evaluation – Commercial Items (Oct 2014) 52.212-3 Offeror Representations and Certifications—Commercial Items (July 2016) 52.212-4 Contract Terms and Conditions—Commercial Items (MAY 2015)

An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically via http://www.acquisition.gov . If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (c) through (o) of this provision.

FAR Clauses in Full Text

52.212-5 Contract Terms And Conditions Required To Implement Statutes Or Executive Orders Commercial Items (JUN 2016)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

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

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).

http://farsite.hill.af.mil/

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

_X_ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2013) (Pub.

L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved] ___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) (31 U.S.C. 6101 note).

___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

___ (10) [Reserved] ___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

_X_ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a). (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved] ___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

_X_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2014) (15 U.S.C. 637 (d)(4)).

(ii) Alternate I (Oct 2001) of 52.219-9.

___ (iii) Alternate II (Oct 2001) of 52.219-9.

___ (iv) Alternate III (Oct 2014) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

_X_ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

_X_ (22) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C. 632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

___(24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

_X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

____(26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).

_X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

_X_ (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

_X_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

_X_ (31) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

_X_ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O.

13627).

___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).

_X_ (34) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (36) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514 ___ (ii) Alternate I (Jun 2014) of 52.223-13.

___ (37) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

___ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (39) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-16.

_X_ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

_X_ (41) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (42) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C.

chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.

103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (44) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

__X_ (50) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (51) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (54) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)

___ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).

___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E.O. 13658).

___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C.

1792).

___ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(viii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

___ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain

Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xiv) 52.222-54, Employment Eligibility Verification (Aug 2013).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E.O. 13658).

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C.

2302 Note).

(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C.

1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xviii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C.

Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within one

(1) day; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least the day before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

(End of Clause)

HHSAR Clauses HHSAR clause full text can be accessed electronically at: http://farsite.hill.af.mil/vfhhsara.htm

352.203-70 Anti-Lobbying (Dec 2015) 352.208-70 Printing and Duplication (Dec 2015) 352.222-70 Contractor Cooperation in Equal Employment Opportunity Investigations. (Dec 2015)

PART 9 – Special Contract Requirements

Government Holidays: Workplace is not available on the Government Holidays stated below, or as prescribed by an Executive Order (EO) or OPM.gov due to inclement weather.

January (New Year’s Day) September (Labor Day) January (Martin Luther King Day) October (Columbus Day) February (President’s Day) November (Veterans Day) May (Memorial Day) November (Thanksgiving) July (Independence Day) December (Christmas Day)

Part 10– Instructions to the Offerors

Quote Preparation Instructions The quote shall include:

(1) Price(s);

(2) FOB point;

(3) Point of Contact (name and telephone number);

(4) Offeror statement verifying that they are SAM Registered under either of the appropriate NACIS codes

(5) Delivery date;

(6) Business size; and

(7) Payment terms.

http://farsite.hill.af.mil/vfhhsara.htm

Price The Offeror shall submit a complete price table for a firm fixed price contract, as indicated in Part 2.

Notice to Offerors The Government will award a firm-fixed price contract to the lowest price technically acceptable (LPTA) offeror based on the specifications listed in this Request for Quote (RFQ). See additional information below in the “Technical Acceptability Criteria” section.

Technical Acceptability Criteria The Government will evaluate the contractor’s quote for technical acceptability based on the following:

1) In order to be considered technically acceptable, the quote must meet or exceed all of the solicitation requirements in accordance of this RFQ and Part 3 of this RFQ and

2) Based on their corporate and individual qualifications to perform the work; adequacy of equipment, materials and facilities proposed; and experience with the types of services identified in the solicitation.

SAM: All interested offerors must be registered in the System for Award Management (SAM), if the offeror is not registered in SAM, please visit https://www.sam.gov. You will need your Tax ID, DUNS Number and banking information.

Vendors who are not registered in SAM will not be eligible for award. The Government reserves the right not to negotiate and award based on initial quotes received.

QUESTIONS are to be submitted via email to Anthony.webb@fda.hhs.gov no later than August 26, 2016 12:00 noon ET. They will be addressed via an update to the solicitation by COB on August 29, 2016.

QUOTATIONS shall be submitted via email to anthony.webb@fda.hhs.gov by August 30, 2016 by 3:00 pm ET.