Amendment 2 - N01CN25002-78.pdf

AMENDMENT 2

March 29, 2012 for

RFP N01CN25002-78

The following (in yellow highlight) replaces language in SECTION H – SPECIAL CONTRACT REQUIREMENTS, RFP pages 18-19:

ARTICLE H.4. SALARY RATE LIMITATION

a. Pursuant to the current and applicable prior HHS appropriations acts, the Contractor shall not use contract funds to pay the direct salary of an individual at a rate in excess of the Federal Executive Schedule Level II* in effect on the date an expense is incurred.

b. For purposes of the salary rate limitation, the terms "direct salary," "salary," and "institutional base salary" have the same meaning and are collectively referred to as "direct salary" in this clause.

An individual's direct salary is the annual compensation that the Contractor pays for an individual's direct effort (costs) under the contract. Direct salary excludes any income that an individual may be permitted to earn outside of duties to the Contractor. Direct salary also excludes fringe benefits, overhead, and general and administrative expenses (also referred to as indirect costs or facilities and administrative [F&A] costs).

Note: The salary rate limitation does not restrict the salary that an organization may pay an individual working under an HHS contract or order; it merely limits the portion of that salary that may be paid with Federal funds.

c. The salary rate limitation also applies to individuals under subcontracts. If this is a multiple-year contract or order, it may be subject to unilateral modification by the Contracting Officer to ensure that an individual is not paid at a rate that exceeds the salary rate limitation provision established in the HHS appropriations act in effect when the expense is incurred regardless of the rate initially used to establish contract or order funding.

d. See the salaries and wages pay tables on the U.S. Office of Personnel Management Web site for Federal Executive Schedule salary levels that apply to the current and prior periods.

*P.L. 112-74, in Division F, Title II, Section 203, states: “None of the funds appropriated in this title shall be used to pay the salary of an individual, through a grant or other extramural mechanism, at a rate in excess of Executive level II”.

(End of clause)

See the following Web site for Executive Schedule rates of pay: http://www.opm.gov/oca/ .

(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.)

The following (in yellow highlight) replaces language in SECTION L – Instructions to Offerors, RFP page 58:

2.c. BUSINESS PROPOSAL INSTRUCTIONS, page 55, number 5.

5. Salary Rate Limitation in Fiscal Year 2012

Offerors are advised that pursuant to P.L. 112-74, in Division F, Title II, Section 203, no NIH Fiscal Year 2012 (on/after December 23, 2011 - September 30, 2012) funds may be used to pay the direct annual salary of an individual through any contract awarded as a result of this solicitation at a rate in excess of the Executive Schedule, Level II* (direct salary is exclusive of Overhead, Fringe Benefits and General and Administrative expenses, also referred to as "indirect cost" or "facilities and administrative (F&A) costs"). Direct salary has the same meaning as the term "institutional base salary." An individual's direct salary (or institutional base salary) is the annual compensation that the Contractor pays for an individual's appointment whether that individual's time is spent on research, teaching, patient care or other activities. Direct salary (or institutional base salary) excludes any income that an individual may be permitted to earn outside of duties to the Contractor.

This does not preclude the offeror from absorbing that portion of an employee's annual salary (plus the dollar amount for fringe benefits and associated indirect costs) that exceeds a rate of the Executive Schedule, Level II*. The salary rate limitation set by P.L 112-74 applies only to Fiscal Year 2012 funds, however, salary rate ceilings for subsequent years may be included in future DHHS appropriation acts. Multi-year contracts awarded pursuant to this solicitation may be subject to unilateral modifications by the Government if an individual's annual salary exceeds any salary rate ceiling established in future appropriations acts. The Executive Schedule, Level II* annual salary rate limitation also applies to individuals proposed under subcontracts, however it does not apply to consultants. P.L.112-74 states in pertinent part:

"None of the funds appropriated in this Act for the National Institutes of Health, the Agency for Healthcare Research and Quality, and the Substance Abuse, and Mental Health Services Administration shall be used to pay the salary of an individual through a grant or other extramural mechanism at a rate in excess of Executive Level II*."

LINK TO EXECUTIVE SCHEDULE SALARIES :

http://www.opm.gov/oca/11tables/indexSES.asp

* Note to Offerors: The current Fiscal Year Executive Level II Salary Rate shall be adhered to in the preparation of your proposal. All costs associated with any resultant contract award shall be in compliance with the current Fiscal Year Executive Level II Salary rates.

The following language (yellow highlight) is added to SECTION L – SPECIAL CONTRACT REQUIREMENTS, RFP page 39:

c. TYPE OF CONTRACT AND NUMBER OF AWARDS

2. It is anticipated that the awards from this solicitation will be an Indefinite Delivery, Indefinite QuantityType Contracts with a Period of Performance of 2 years. Task Orders (TO) can be for severable or non-severable components. It is anticipated that the majority of the TOs for this project will be non-severable. Task Orders under the contract could be either cost reimbursement or fixed price.

Page 4 of 5 Attachment 1

AMENDMENT 2

March 29, 2012

Revisions in yellow highlight

PACKAGING AND DELIVERY OF PROPOSALS

Your proposal shall be organized as specified in SECTION L.2. General Instructions, Shipment and marking shall be as indicated below.

PAPER SUBMISSION: The paper copy is the official copy for recording timely receipt of proposals.

SUBMISSION OF PROPOSALS BY FACSIMILE OR E-MAIL IS NOT ACCEPTABLE.

EXTERNAL PACKAGE MARKING

In addition to the address cited below, mark each package as follows:

“RFP NO. N01-CN-25002-78

TO BE OPENED BY AUTHORIZED GOVERNMENT PERSONNEL ONLY”

NUMBER OF COPIES

PLEASE NOTE: THE TECHNICAL PROPOSAL SHALL BE SENT IN SPLIT SHIPMENTS TO TWO

LOCATIONS. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY.

A. TECHNICAL PROPOSAL ONLY

ONE ORIGINAL*HARDCOPY AND TWO (2) CDS TO:

If hand-delivered or delivery service If using U.S. Postal Service Deborah A. Baca Deborah A. Baca Contracting Officer Contracting Officer Research Contracts Branch Research Contracts Branch Office of Acquisitions Office of Acquisitions National Cancer Institute National Cancer Institute Executive Plaza South, Room 6016 Executive Plaza South, Room 6016

6120 EXECUTIVE BLVD. MSC 7195

BETHESDA, MD 20892-7195

6120 EXECUTIVE BLVD. MSC 7195

BETHESDA, MD 20892-7195

Electronic copy (PDF format with text attributes, preferred) on CDs – TWO (2) CDs needed:

If hand-delivered or delivery service If using U.S. Postal Service Attn: Thomas Vollberg Attn: Thomas Vollberg Research Processing Distribution Unit Spcl.rvw & Logistic Branch, DEA

Research Processing Distribution Unit Spcl.rvw & Logistic Branch, DEA

National Cancer Institute National Cancer Institute 6116 EXECUTIVE BLVD. Room 8114 Rockville, MD 20852

6116 EXECUTIVE BLVD. Room 8114 Rockville, MD 20852

B. BUSINESS PROPOSAL

ONE ORIGINAL*HARDCOPY AND TWO (2) CDS TO:

If hand-delivered or delivery service If using U.S. Postal Service Deborah A. Baca Deborah A. Baca Contracting Officer Contracting Officer Research Contracts Branch Research Contracts Branch Office of Acquisitions Office of Acquisitions National Cancer Institute National Cancer Institute

Page 5 of 5 Attachment 1

Executive Plaza South, Room 6016 Executive Plaza South, Room 6016

BETHESDA, MD 20892-7195

BETHESDA, MD 20892-7195

THE ORIGINALS MUST BE READILY ACCESSIBLE FOR DATE STAMPING PURPOSES.

NOTE:

The U.S. Postal Service’s “Express Mail” does not deliver to the Rockville, Maryland address. Any package sent to the Rockville address via this service will be held at a local post office for pick‐p. The Government is not responsible for picking up any mail at a local post office. If a proposal is not received at the place, date, and time specified herein, it will be considered a “late proposal.”