ComputerRFPFINAL.pdf

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OMB NO. 0990-0115

SOLICITATION

SECTION A - SOLICITATION/CONTRACT FORM

1. Purchase Authority: Public Law 92-218 as amended

2. Request for Proposal (RFP) Number:

N02CO82402-92

3. Issue Date:

September 13, 2007

4. Just in Time:

[X]No

[X]Yes Part IV Section L

5. Set Aside:

[ ]No

[X]Yes Part IV Section L

6. Title : Computer & Statistical Support Services at the NCI-Frederick

7. ISSUED BY:

Management Operations and Support Branch National Cancer Institute - Frederick Building 427, Room 10 Frederick, MD 21702-1201

8. SUBMIT OFFERS TO:

See Part III, Section J, "Packaging and Delivery of the Proposal," ATTACHMENT 1 of this Solicitation.

9. Proposals for furnishing the supplies and/or services in THE SCHEDULE will be received at the place specified in, and in the number of copies specified in Attachment 1, "Packaging and Delivery of the Proposal," until 3:00PM local time on October 15, 2007. Offers will be valid for 120 days unless a different period is specified by the offeror on the Attachment entitled, "Proposal Summary and Data Record, NIH 2043.

10. THIS SOLICITATION REQUIRES DELIVERY OF PROPOSALS TO THE OFFICIAL POINT OF RECEIPT FOR

THE PURPOSE OF DETERMINING TIMELY DELIVERY AS STATED IN ATTACHMENT 1, "PACKAGING

AND DELIVERY OF THE PROPOSAL." IF YOUR PROPOSAL IS NOT RECEIVED BY THE CONTRACTING OFFICER OR HIS DESIGNEE AT THE PLACE AND TIME SPECIFIED, THEN IT WILL BE CONSIDERED LATE AND HANDLED IN ACCORDANCE WITH SUBPARAGRAPH (c)(3) OF FAR CLAUSE 52.215-1, ENTITLED, "INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION" LOCATED IN SECTION L.1.

OF THIS SOLICITATION.

11. Offeror must be registered in the Central Contractor Registry (CCR) prior to award of a contract.

http://www.ccr.gov

12. FOR INFORMATION CALL: Patty White, Contracting Officer

PHONE: 301-846-5473

e-MAIL: whitep@ncifcrf.gov

COLLECT CALLS WILL NOT BE ACCEPTED.

Donald L. Harne Contracting Officer Management Operations and Support Branch National Cancer Institute - Frederick http://www.ccr.gov

RFP Number : N02CO82402-92

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RFP TABLE OF CONTENTS

PART I - THE SCHEDULE

SECTION A - SOLICITATION/CONTRACT FORM

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

SECTION D - PACKAGING, MARKING AND SHIPPING

SECTION E - INSPECTION AND ACCEPTANCE

SECTION F - DELIVERIES OR PERFORMANCE

SECTION G - CONTRACT ADMINISTRATION DATA

SECTION H - SPECIAL CONTRACT REQUIREMENTS

PART II - CONTRACT CLAUSES

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS

SOLICITATION ATTACHMENTS

TECHNICAL PROPOSAL ATTACHMENTS

BUSINESS PROPOSAL ATTACHMENTS

INFORMATIONAL ATTACHMENTS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

1. GENERAL INFORMATION

a. INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION

b. NOTICE OF SMALL BUSINESS SET-ASIDE

c. NAICS CODE AND SIZE STANDARD

d. TYPE OF CONTRACT AND NUMBER OF AWARDS

e. PERFORMANCE BASED ACQUISITION

f. PRE-PROPOSAL CONFERENCE

g. Pricing Sheets

i. COMMITMENT OF PUBLIC FUNDS

j. COMMUNICATIONS PRIOR TO CONTRACT AWARD

k. RELEASE OF INFORMATION

l. COMPARATIVE IMPORTANCE OF PROPOSALS

m. REFERENCE MATERIALS

n. PREPARATION COSTS

o. SERVICE OF PROTEST

2. INSTRUCTIONS TO OFFERORS

a. GENERAL INSTRUCTIONS

1. Contract Type and General Clauses

2. Authorized Official and Submission of Proposal

3. Proposal Summary and Data Record (NIH-2043)

4. Separation of Technical and Business Proposals

5. Alternate Proposals

6. Evaluation of Proposals

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7. Potential Award Without Discussions

8. Use of the Metric System of Measurement

9. Privacy Act - Treatment of Proposal Information

10. Selection of Offerors

11. Past Performance Information

12. Electronic and Information Technology Accessibility

13. Solicitation Provisions Incorporated by Reference

b. TECHNICAL PROPOSAL INSTRUCTIONS

1. Technical Discussions

2. Technical Evaluation

3. Additional Technical Proposal Information

4. Other Considerations

5. Obtaining and Disseminating Biomedical Research Resources

6. Information Security

c. BUSINESS PROPOSAL INSTRUCTIONS

1. Basic Cost/Price Information

2. Proposal Cover Sheet

3. Information Other than Cost or Pricing Data

4. Cost and Pricing Data

5. Requirements for Cost or Pricing Data or Information Other than Cost and Pricing Data

6. HUBZone Small Business Concerns

7. Total Compensation Plan

8. Qualifications of the Offeror

9. Other Administrative Data

10. Subcontractors

11. Proposer's Annual Financial Report

12. Representations and Certifications - SECTION K

13. Travel Costs/Travel Policy

SECTION M - EVALUATION FACTORS FOR AWARD

1. GENERAL

2. EVALUATION OF OPTIONS

3. TECHNICAL EVALUATION CRITERIA

4. PAST PERFORMANCE FACTOR

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PART I - THE SCHEDULE

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

CONTAINS IMPORTANT INFORMATION FOR ANY OFFEROR INTERESTED IN RESPONDING TO THIS

SOLICITATION. ANY CONTRACT RESULTING FROM THIS SOLICITATION WILL INCLUDE IN ITS SECTION A - SOLICITATION/CONTRACT FORM, ACCOUNTING, APPROPRIATION AND GENERAL INFORMATION

APPLICABLE TO THE CONTRACT AWARD.

THE CONTRACT SCHEDULE SET FORTH IN SECTIONS B THROUGH H, HEREIN, CONTAINS CONTRACTUAL INFORMATION PERTINENT TO THIS SOLICITATION. IT IS NOT AN EXACT REPRESENTATION OF THE CONTRACT DOCUMENT THAT WILL BE AWARDED AS A RESULT OF THIS SOLICITATION. THE CONTRACT COST OR PRICE AND OTHER CONTRACTUAL PROVISIONS PERTINENT TO THE OFFEROR (i.e., those relating to the organizational structure [e.g., Non-Profit, Commercial] and specific cost authorizations unique to the Offeror's proposal and requiring Contracting Officer Prior Approval) WILL BE DISCUSSED IN THE NEGOTIATION PROCESS AND WILL BE INCLUDED IN THE RESULTANT CONTRACT. THE ENCLOSED CONTRACT SCHEDULE IS

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

TERMS AND CONDITIONS OF THE RESULTANT CONTRACT.

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

ARTICLE B.1. BRIEF DESCRIPTION OF SUPPLIES OR SERVICES

To provide Computer and Statistical Support Services at the National Cancer Institute at Frederick (NCI-Frederick), a Federally Funded Research and Development Center (FFRDC).

ARTICLE B.2. ESTIMATED COST PLUS AWARD FEE

a. Estimated Cost and Base Fee

1. The total estimated cost of the Base Period of this contract is $ .

2. If the Government exercises its option pursuant to the OPTION PROVISION Article in SECTION H of this contract, the estimated cost shall be increased as follows:

Period Estimated Cost ($)

Base Period (Years 1-5) $

Option 1 (Year 6) $

Option 2 (Year 7) $

Option 3 (Year 8) $

Option 4 (Year 9) $

Option 5 (Year 10) $

Total

Base Period and Option(s)

3. The total base fee (i.e. minimum fee payable hereunder) for the Base Period of the contract is $ .

a. The fee payment schedule will be determined during negotiations.

b. Payment shall be subject to the withholding provision of the clauses ALLOWABLE COST AND PAYMENT and FIXED FEE referenced in the General Clause Listing in Part II, ARTICLE I.1. of this contract. Payment of fee shall not be made in less than monthly installments.

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b. Award Fee Consideration

1. Based on the evaluation/determination described in subparagraph d. below, an award fee may be paid to the contractor at regular intervals as defined in the paragraphs herein. The total potential award fee available is $ and the evaluation periods shall be as follows:

Base Period Evaluation Period(s):

Available Award Fee

Year 1 $ Year 2 $ Year 3 $ Year 4 $ Year 5 $ Total $

2. If the Government exercises its option pursuant to the OPTION PROVISION Article in SECTION H of this contract, the total potential award fee available for the option years/periods and the evaluation periods shall be as follows:

Evaluation Period(s) by Option Available Award Fee Year 6 $ Year 7 $ Year 8 $ Year 9 $ Year 10 $ Total $

c. Total Estimated Contract Amount

1. The total estimated amount of the contract, represented by the sum of the estimated cost plus the available award fee is $ .

2. If the Government exercises its option pursuant to the OPTION PROVISION Article in SECTION H of this contract, the Government's total estimated contract amount, represented by the sum of the estimated cost plus the available award fee and the period of performance will be increased as follows:

Period Estimated Cost

Available Award Fee

Estimated Cost Plus Award Fee

Base Period: $ $ $ Option Period(s): $ $ $ Total

Base Period and Option(s)

3. Total funds currently available for payment and allotted to this contract are $ Of which $ represents the estimated costs, and of which $ Represents the available award fee. For further provisions on funding, see the LIMITATION OF FUNDS clause referenced in Part II, ARTICLE I.2. Authorized Substitutions of Clauses.

4. It is estimated that the amount currently allotted will cover performance of the contract through .

5. The Contracting Officer may allot additional funds to the contract without the concurrence of the Contractor.

d. Methodology for Award Fee Evaluation/Determination

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1. The Contractor's performance hereunder will be observed and evaluated continuously by the Government. At the end of each evaluation period, the Contracting Officer will review performance based on the standards and criteria established in the Quality Assurance Surveillance Plan, dated July 2007, listed in SECTION J - LIST OF ATTACHMENTS, attached hereto and made a part of this contract.

2. The findings of the evaluation will determine the amount of the available award fee (specified in subparagraph

b. above) earned by the Contractor for the identified evaluation period. In no event, however, will any unearned award fee become available in subsequent evaluation periods.

3. The Contracting Officer will notify the Contractor, in writing, of the available award fee actually earned for a given evaluation period. Upon receipt of this notification, the Contractor may submit a public voucher for payment of the total award fee earned, less any previously billed partial payments authorized in subparagraph a. 3. (a) of this Article.

4. The evaluation/determination of award fee shall be binding on both parties and not subject to the Disputes clause included in Section I of the contract.

ARTICLE B.3. PROVISIONS APPLICABLE TO DIRECT COSTS

This article will prohibit or restrict the use of contract funds, unless otherwise approved by the Contracting Officer.

The following is a list of items that may be included in the resultant contract as applicable.

a. Items Requiring Written Authorization by the Contracting Officer

Unless instructed to the contrary by the Contracting Officer, the Contractor shall forward to the Contracting Officer for written authorization:

(1) The following proposed actions:

(a) Purchase or lease of real property or any interest therein.

(b) Any subcontract requirements for renovation or alteration of facilities, construction (including Architect-Engineer (A&E) design), preventative maintenance and repair of facilities shall be submitted immediately prior to award when the proposed subcontract (or delivery order under a subcontract) amount exceeds the fiscally approval Maintenance Service Request (MSR) ceiling (see B.4.k.). In addition, modifications to the foregoing types of subcontracts shall be submitted immediately prior to award when the amount of the modification to the particular subcontract exceeds either $5,000 or the cumulative amount of all modifications exceed 10% of the original subcontract amount. Any modification to an approved subcontract that will cause the subcontract amount to exceed the MSR ceiling for the project shall also be submitted.

(c) Foreign and legal services subcontracts (see FAR Clause 52.244-2).

(d) Any requirements for advisory and assistance services and any consultant agreements (excluding A&E services referenced above) for which costs will be incurred under this contract, or any use of the Contractor's personnel in an advisory or assistance service capacity [see B.4.a.(5)].

(e) Awards to Contractor's organization or other NCI-Frederick Contractors. This includes all businesses in which these organizations have an interest, including but not limited to affiliates and subsidiaries. In addition, all bids, proposals, or quotations received in connection with a particular solicitation or negotiation where an NCI-Frederick Contractor has submitted a bid, proposal, or quotation shall be submitted to the NCI-Frederick Contracting Officer for opening; and,

(f) Ratification of unauthorized acquisitions.

(2) Any changes to the Contractor's Salary and Wage Schedule;

(3) Recruitment actions to fill new positions not included in an approved budget at the E17 level and above;

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(4) Any promotions, the cost of which is not already included in an approved budget for the affected Center Number;

(5) All work for other than NCI-Frederick purposes and/or to be performed by NCI-Frederick Contractor employees at off-site locations, i.e., any place other than the NCI-Frederick. This shall include all instances where reimbursement is to be made under this contract and/or such effort hours are to be credited toward contract performance as provided in ARTICLE LEVEL OF EFFORT. This shall not pertain to consultant services, which are covered under ARTICLE CONSULTANT OR OTHER COMPARABLE EMPLOYMENT SERVICES OF

CONTRACTOR EMPLOYEES;

(6) All changes in the Contractor's fringe benefits such as new types of insurance coverage, changes in premium levels and eligibility for coverage, revisions to retirement plans including vesting requirements, bonus program, and all other enhancements except those required by law; and,

(7) Any sale/barter of supplies or services generated under this contract.

b. Domestic/Foreign Travel and Training

(1) Travel Only travel that was not included in the annual approved budget shall be submitted for Contracting Officer approval EXCEPT that foreign travel and travel which exceeds the authorized per diem will require Contracting Officer approval.

(a) In the case of travel which exceeds the authorized per diem, the Contractor shall submit a request which sets forth the authorized per diem along with the proposed costs and a justification explaining the necessity to exceed the authorized per diem.

(b) In the case of foreign travel, Contractor requests shall contain the following information:

(i) Meeting(s) and place(s) to be visited, with costs and dates;

(ii) Names and titles of Contractor personnel to travel, and their functions in the contract;

(iii) Contract purposes to be served by the travel;

(iv) How travel of Contractor personnel will benefit or contribute to the accomplishment of the contract, or will otherwise justify the expenditure of contract funds;

(v) How such benefits justify the costs for travel and absence from the contract of more than one person, if such are suggested;

(vi) What additional functions, if any, shall be performed by the travelers to accomplish other purposes of the contract and thus provide further benefit to the Government;

(vii) Justification that absence from the project by Key Personnel and other staff will not delay accomplishing the objectives of the contract;

(viii) A statement to the effect that no funds provided under this contract shall be used for reimbursement of travel expenses incurred by Government employees;

(c) No funds provided under this contract shall be used for reimbursement of travel expenses incurred by Government employees. Neither shall contract funds provided under this contract be used for travel of non-contractor employees with the prior approval of the Contracting Officer.

(d) In the event the Contractor employee requesting travel is also employed on another contract, the Contractor must identify the other contract by Agency and contract number in a letter to the Contracting Officer. Such letter shall include a written statement from the cognizant Contracting Officer of the other Agency that the employee's travel is for the benefit of this contract and therefore no charges for time or travel will be made to another contract.

(2) Training The Contractor is required to obtain Contracting Officer approval for training when the cost is $250 or more. Requests for training shall be submitted at least two weeks before the scheduled start date. Deviations from the foregoing

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(a) Name and brief description of training for which the request has been submitted, with costs and dates.

(b) Name and title of Contractor personnel to attend the training and their functions under the contract.

(c) A brief statement of how the training is anticipated to benefit and contribute to the employee's efforts under the contract.

ARTICLE B.4. ADVANCE UNDERSTANDINGS

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

a. Costs

Other provisions of this contract notwithstanding, the Contractor is hereby authorized to incur the following costs, within the limits and ceilings as described hereafter:

(1) Indirect Costs and Fringe Benefit Expenses:

(a) Indirect Costs: The Contractor is authorized to bill G&A expenses on a straight pro-rata basis at a fixed amount as shown in 1) below:

1) The Contractor is authorized to bill such expenses on a straight prorata basis for the annual amounts shown, at the time each bi-weekly reimbursement voucher is submitted for payment. The applicable indirect cost amounts are as follows:

Base Period Year 1 Year 2 Year 3 Year 4 Year 5

Indirect Cost Amount

Options Year 6 Year 7 Year 8 Year 9 Year 10

Indirect Cost Amount

(b) Fringe Benefits

1) Under this contract, fringe benefits shall be determined by the Contracting Officer. Final and provisional rates are set forth as follows:

Base Period Year 1 Year 2 Year 3 Year 4 Year 5

Provisional % % % % %

Final % % % % %

Options Year 6 Year 7 Year 8 Year 9 Year 10

Provisional % % % % %

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Final % % % % %

2) The Contractor(s) shall be required to submit annual fringe benefit rate proposal(s) to the Contracting Officer within one-hundred thirty-five (135) calendar days after the end of each contract year (September 25th). This submission shall include the proposed final fringe benefit rate for the prior year including detailed information to permit evaluation of the elements supporting the rate, along with a proposed provisional rate for the following year.

(2) Travel Costs

(a) Total annual expenditures for domestic/foreign scientific travel (transportation, lodging, subsistence, and incidental expenses) are based upon the amounts shown below. The Contractor may adjust and/or rebudget such costs from year-to-year, but such adjustment shall not materially exceed a given year's allotment, nor shall it exceed the five-year total, plus the cumulative total of any option period(s) exercised, without the prior written approval of the Contracting Officer.

Base Period Year 1 Year 2 Year 3 Year 4 Year 5

Travel $ $ $ $ $

Travel $ $ $ $ $

(b) The cost of travel by privately-owned vehicles (automobile, motorcycle, airplane, etc.) shall be reimbursed at a rate not to exceed the Government mileage rate currently in effect, as amended from time to time, in lieu of actual costs; provided, however, that such reimbursement shall not exceed the otherwise allowable comparative cost of travel by common carrier.

(c) The Contractor agrees that costs for travel including lodging, other subsistence, and incidental expenses shall be allowable only to the extent that they do not exceed the amounts allowed for Federal employees.

The Contractor, therefore, shall invoice and be reimbursed for all travel costs in accordance with FAR Subpart 31.205-46.

(d) Notwithstanding the conditions set forth in (a), (b), and (c) above, the Contractor is authorized to reimburse its NCI-Frederick employees up to the maximum rates of per diem allowances for travel by personnel in foreign areas, which are delineated in the Department of State Standardized Regulations (ALLOWANCES - 925.

Maximum Rates of Per Diem Allowances for travel in Foreign Areas), as updated from time to time. The parties agree that utilization of these rates for foreign travelers will be in lieu of all other subsistence and lodging allowances as stipulated herein.

(3) Capitalized Equipment

Total costs for capitalized personal property, as defined in the Contractor's Guide for Control of Government Property, are based upon the annual estimates shown below. The Contractor may adjust and/or rebudget such costs from year to year, but such adjustment shall not materially exceed a given year's allotment, nor shall it exceed the five-year total, plus the cumulative total of any option period(s) exercised, without the prior written approval of the Contracting Officer.

Base Period Year 1 Year 2 Year 3 Year 4 Year 5

Capitalized Equipment

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Capitalized Equipment

(4) Employee Incentives/Bonuses The Contractor is authorized to incur the following amounts per year as bonuses or incentive payments to non-key employees. Any amounts unexpended for the contract year may be carried over to the next year. Bonuses or incentives to key personnel shall not be charged to the contract.

Base Period Year 1 Year 2 Year 3 Year 4 Year 5

Bonuses/ Incentives

Options Year 6 Year 7 Year 8 Year 9 Year 10

Bonuses/ Incentives

(5) Advisory and Assistance Services

The Contractor shall not provide any advisory and assistance services during computer and statistical support performance that violate the conditions established under FAR 37.203(c).

b. On-Site Corporate Authority

The Contractor shall have no less than two full-time employees who will be responsible for that firm's work at NCI-Frederick. These employees must have the authority to represent and commit his/her company in dealing with the Government and other Contractors on the (NCI-Frederick) site on all matters. One of these employees must be available on any given working day of the contract period to perform this function, e.g. to sign contract modifications.

FAILURE TO COMPLY WITH THIS PARAGRAPH SHALL CONSTITUTE A MATERIAL BREACH OF CONTRACT.

Name of Individual Title

c. Space and Resource Assignments All space and resource assignments shall be made by Project Officer with the approval of the Contracting Officer.

d. Conferences All symposia, seminars, and conferences at locations other than NCI-Frederick shall require prior written approval (include the subject matter, participants, cost, date and location thereof) of the Project Officer, and must be submitted to the Contracting Officer for final approval.

All conferences shall be conducted in accordance with the spirit and intent of the NIH policy with regard to inclusion of women/ethnic groups/handicapped individuals, and documentation must exist in Contractor files to demonstrate compliance.

e. Work Requirement Resolution In those situations where one Contractor cannot meet the terms of a request(s) by another Contractor or by resident intramural staff (e.g., procurement of animals, or the operation of facilities in which animals are held), such request(s), together with appropriate background information supporting the Contractor's position, shall be submitted to the Contracting Officer for resolution.

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f. Changes within the Scope It is agreed that the Contractor may recommend changes in the direction/emphasis of the work within the scope of the contract. These recommended changes shall be submitted to the Contracting Officer for consideration. The Contractor shall take no action on these recommendations without the specific written direction of the Contracting Officer (see PART I, SECTION G, ARTICLE G.3.). The procedure for establishing a contract requirement is: submission of requirement/work scope, including those from government sources, to the Project Officer for review; transmission through the Contracting Officer to the Contractor; and, back through the Contracting Officer and Project Officer for final disposition.

g. Administrative Leave Approval Administrative leave shall be approved by the Contracting Officer when such leave is not in accordance with NCI-Frederick Policy and Procedures.

h. Property Accountability It is understood that the Contractor will be held accountable for Government property located in its assigned space.

Accountability includes, inter alia, physical presence, proper use and handling, normal maintenance, emergency service, and implementa- tion of required safety procedures. In those situations where Government property is to be shared by two or more Contractors or is located in space shared by two or more Contractors, and the parties cannot agree how accountability shall be shared, such shall be referred to the Contracting Officer for resolution.

The Operations and Technical Support (OTS) Contractor shall have access to all property at the NCI-Frederick for purposes of inventory.

The Contractor will utilize the OTS Contractor's property control system and cooperate with OTS Contractor personnel to ensure the accuracy of property records. The property records maintained and administered by the OTS Contractor shall constitute the Government's official property records for Government property in the assigned space of the Contractor.

i. Safety and Environmental Protection Programs/Regulations at the NCI-Frederick

(1) The Operations and Technical Support (OTS) Contractor has the primary responsibility for the maintenance and perpetuation of ongoing Safety Programs/Regulations at the NCI-Frederick, as well as responsibility for developing new programs/regulations as required. These Regulations, shall be prepared by the OTS Contractor and shall be approved by the Contracting Officer before implementation. These regulations will be complied with by all Contractor and Government personnel at the NCI-Frederick (see also Safety and Health Clause No. 352.223-70 of this contract). These safety procedures shall include those relevant to procurement, utilization, disposal of radioactive and hazardous materials, and biological materials potentially hazardous to humans and/or animals.

(2) All Contractors shall abide by the approved NCI-Frederick Safety and Environmental Regulations and agree that all employees/visitors/guests abide by the Safety and Environmental Regulations. To monitor compliance with Government-approved safety and environmental requirements, the OTS Contractor's Safety Officer or his/her designated representative has the authority to enter all areas/facilities at the NCI-Frederick to make periodic, routine or unannounced inspections. The OTS Contractor will attempt to resolve all deviations in safety and environmental regulations through the appropriate lines of authority. Upon inspection, deviations or discrepancies will be reported to the Laboratory Chief/Manager/Program Head for corrective action within 30 days. The results of the reinspection shall be reported to the Contractor's Project Manager or Government authority, as appropriate. In cases where deviations or discrepancies are not resolved at the time of reinspection, the Project Manager or Government authority shall provide assistance to the Safety Officer as requested to resolve the problem.

The Contractor will immediately report the following deviations or discrepancies to the Contracting Officer for appropriate action: (a) those requiring submission of a report to regulatory authorities; (b) those involving willful or repeat violations; and, (c) those that the Contractor is unable to resolve after reinspection.

The Contractor will also submit a monthly report to the Contracting Officer summarizing all deviations and discrepancies with Safety and Environmental Regulations by the 15th of the month following the reporting period.

In cases where the OTS Contractor's Safety Officer judges that emergency remedial action is required, he/she is authorized to take such action, including the closing down and evacuation of any area/facility at the NCI-Frederick.

The Chief Contracting Officer shall be verbally informed as soon as practicable after any emergency action is taken.

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A special report shall be provided by the OTS Contractor to the Chief Contracting Officer and a copy shall be submitted to the Project Officer within 2 working days thereafter describing the nature of the emergency and corrective action taken.

(3) The Contracting Officer shall notify (and confirm in writing) the Contractor of any noncompliance with the provisions of this clause and corrective action to be taken. After receipt of such notice, the Contractor shall immediately take such corrective action. (Such notice, when delivered to the Contractor or his representative at the site of the work, shall be deemed sufficient for the purpose.) If the Contractor fails or refuses to comply promptly, the Contracting Officer shall issue an order stopping all or part of the work until satisfactory corrective action has been taken. No part of the time lost due to any such stop work order shall be the subject of the claim(s) for extension of time or for costs or damages by the Contractor.

j. Maintenance Service Requests All Maintenance Service Requests (MSRs) for renovation or alteration of facilities, construction (including Architect-Engineer (A&E) design), preventative maintenance and repair of facilities estimated to exceed $5,000 in Materials and Supplies (M&S), labor, or a combination of M&S and labor, shall be submitted to the Project Officer and Chief Contracting Officer for conceptual and fiscal approvals. Such requests shall be reviewed and approved by the Project Officer and Chief Contracting Officer prior to ordering of supplies, commencement of any work, issuance of a solicitation for a subcontract or modification of an existing subcontract. All drawings or specifications require the approval of the requestor before issuance of a solicitation for a subcontract or before work is initiated by the OTS Contractor's craft personnel.

k. Key Personnel Leave The maximum vacation leave permitted key personnel during any Contract Year is 26 working days.

l. Absence of the Key Personnel The Key Personnel designated in this contract shall notify the Contracting Officer, in writing, whenever he/she will be away from his/her duty station (NCI-Frederick) for one or more working day(s). Such notice shall state the purpose of the absence (i.e. vacation or contract business) and name the person in charge during the absence. If the absence is for the conduct of contract business (not vacation), the notice should state the purpose, location and telephone number of the key person during the absence.

m. Sale of Contract Contractor shall not sell, transfer, or otherwise alter the control or ownership of this contract without the approval of the Contracting Officer.

n. Summer/Holiday Employment Program The Contractor is encouraged to conduct a Summer/Holiday Employment Program. The number of individuals to be included in the Program shall be subject to the approval of the Contracting Officer. In this regard, the Contractor shall seek out minority/ underprivileged and under-served candidates to fill such positions whenever and wherever possible.

o. Personal Services The Government and the Contractor understand and agree that the services to be delivered under this contract by the Contractor to the Government are non-personal services and the parties recognize and agree that no employer-employee relationship exists or will exist under the contract between the Government and the Contractor's personnel. It is, therefore, in the best interest of the Government to afford both parties a full understanding of their respective obligations.

The Contractor shall ensure, by appropriate management lines of authority within its contract organization, that within the meaning of FAR Subpart 37.104 no personal services relationships occur. Within the formal assignment of work and staffing allocation to the Contractor, all positions shall be assigned to a Contractor organization that justifies the position and selects the employee(s) to perform the work. All Contractor employees shall have an identified Contractor supervisor who is responsible for assignment of their work, assessment of their performance and resulting pay adjustments, and working conditions. The Contractor supervisor is responsible for interacting with the Government customer on the assignment of work, work expectations, and the level of performance provided by the Contractor

- 13 -employees. All employees shall be routinely reminded that they work for the Contractor, not the Government, and be advised that they must not be supervised and controlled by Government customers employees on a continuing basis.

The services to be performed under this contract do not require the Contractor or its personnel to exercise personal judgment and discretion on behalf of the Government. Rather the Contractor's personnel will act and exercise personal judgment and discretion on behalf of the Contractor.

It is the Contractor's, as well as the Government's, responsibility to monitor contract activities and notify the Contracting Officer if the Contractor believes that the intent of this clause has been, or may be, violated. Therefore, the Contractor shall notify the Contracting Officer in writing promptly, within 30 calendar days from the date of any incident or situation that the Contractor considers to constitute a violation of this Advance Understanding. The notice shall include the date, nature and circumstance of the conduct, the name, function and activity of each Government employee or Contractor official or employee involved or knowledgeable about such conduct, identify any documents or substance of any oral communication involved in the conduct, and the estimate in time by which the Government must respond to this notice to minimize cost, delay or disruption of performance.

The Contracting Officer will promptly, within 30 calendar days after receipt of notice, respond to the notice in writing. In responding, the Contracting Officer will either:

(1) Confirm that the conduct is in violation and when necessary direct the mode of further performance,

(2) Countermand any communication regarded as a violation,

(3) Deny that the conduct constitutes a violation and when necessary direct the mode of further performance; or

(4) In the event the notice is inadequate to make a decision, advise the Contractor what additional information is required, and establish the date by which it should be furnished by the Contractor and the date thereafter by which the Government will respond.

The Contractor shall ensure, by appropriate management lines of authority within the contract organization, that no personal services situations occur.

p. Contract Phase-In The Contractor agrees to absorb all costs associated with contract phase-in beginning with the date of award through completion of the phase-in. The Contractor shall meet with the Contacting Officer to plan for future activities, and submit a final detailed phase-in plan to the Contracting Officer within thirty (30) days after contract award. All phase-in activities must be completed within thirty (30) days after plan approval.

q. Inherently Governmental Functions This contract shall not be used for the performance of inherently governmental functions as described in FAR Subpart 7.5.

r. Conduct of Investigations to Meet Designated Security Level Requirements The Contractor shall comply with the requirements of Article H INFORMATION TECHNOLOGY SYSTEM SECURITY SPECIFICATIONS and the stated requirements for the applicable Position Sensitivity Designations. If the Contractor determines that any personnel working on this contract requires a Background Investigation (BI), National Agency Check and Inquiry Investigation plus a Credit Check (NACIC), and/or Limited Background Investigation (LBI), written authorization from the Contracting Officer shall be obtained prior to initiating any action or incurring any costs.

s. Staff Availability at the End of the Fiscal Year During the period September 29 - October 2 of each contract year, appropriate staff must be available to assist the Project Office with fiscal year closure as it relates to the contract funding system.

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SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

ARTICLE C.1. STATEMENT OF WORK

a. Independently and not as an agent of the Government, the Contractor shall be required to furnish all the necessary services, qualified personnel, material, equipment, and facilities, not otherwise provided by the Government, as needed to perform the Statement of Work, dated July 2007, attached hereto and made a part of this Solicitation (See SECTION J - List of Attachments).

ARTICLE C.2. REPORTING REQUIREMENTS

All reports required herein shall be submitted in electronic format. In addition, one (1) hardcopy of each report shall be submitted to the Contracting Officer, unless otherwise specified.

a. Technical Progress Reports

1. The Contractor shall prepare and submit the following technical reports in the manner stated below:

(1) Contractor Goals and Objectives Statement - annual, draft submitted two weeks prior to the start of the evaluation period (October 1 of each contract year) and a revised document within two weeks of the Board meeting.

(2) Contract Performance Status Report - annual, within 14 calendar days after the end of each contract year (September 25th).

(3) Technical Reports

(a) Status table with updates on the large or top priority, high profile projects submitted the second Friday, every two months.

(b) Other summary reports may be required, from time-to-time, subject to the discretion of the Project Officer and Contracting Officer.

(c) Two copies of the reports in (a) and (b) above shall be sent to the Contracting Officer and the Project Officer whose address in shown in Paragraph d. below.

(4) Annual/Final Technical Reports

(a) The contractor shall submit an Annual Technical Report documenting and summarizing the results of the Contractor's efforts for each year of the contract. The reports shall comprehensively explain the work performed. These reports shall also contain, as a portion thereof, a brief summary (not to exceed 500 words) of the salient results to date. Such reports are due as follows:

Report Period Covered Due Date 1st 09/26/08 - 09/25/09 10/25/09 (Annual Report) 2nd 09/26/09 - 09/25/10 10/25/10 (Annual Report) 3rd 09/26/10 - 09/25/11 10/25/11 (Annual Report) 4th 09/26/11 - 09/25/12 10/25/12 (Annual Report) 5th 09/26/12 - 09/25/13 9/25/13 (Final Report unless option year is exercised, then annual report due 10/25/2013)

Option Years:

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6th 09/26/13 - 09/25/14 10/25/14 (Annual Report) 7th 09/26/14 - 09/25/15 10/25/15 (Annual Report) 8th 09/26/15 - 09/25/16 10/25/16 (Annual Report) 9th 09/26/16 - 09/25/17 10/25/17 (Annual Report) 10th 09/26/17 - 09/25/18 9/25/18 (Final Report)

(b) The Contractor shall submit a final report which includes a summation of the work performed and results obtained for the entire contract period of performance. This report shall comprehensively describe the results achieved. An annual report will not be required for the period when the final report is due. The final report is due on September 25, 2013 unless the Government exercises each one year option, at which time the final report shall become due on September 25, 2018.

(c) Twenty (20) copies of both the annual and/or final reports shall be submitted to the Contracting Officer and Project Officer whose addresses are shown in Paragraph d. below.

b. The Contractor shall prepare and submit the following business reports in the manner stated below:

(1) Annual Level of Effort Summary Within thirty (30) calendar days following the end of each annual contract period, the Contractor shall submit a report to the Contracting Officer summarizing the effort expended during said previous yearly period. The effort categories shall be reported in terms of years and the labor disciplines shall correspond with those appearing in the present F.3. LEVEL OF EFFORT of this contract. The first such report shall encompass the time frame from contract award through September 25, 2009. The final level of effort report is due at the time of submission of the Final Technical Report. Annual Reports shall be due within thirty (30) days after the end of each contract year. The final level of effort report is due at the time of submission of the Final Technical Report.

c. The Contractor shall prepare and submit the following budgetary and financial reports in the manner stated below:

(1) Monthly financial/management reports shall be maintained for each cost center. The specific line items to be included therein will be determined by the Contracting Officer and Project Officer at a later date.

(2) Within thirty (30) calendar days following contract award, the Contractor shall submit to the Contracting Officer for approval, a detailed operating budget and capital equipment list covering the first contract year in accordance with the format and content to be determined by the Contracting Officer and Project Officer.

(3) By June 1 of each contract year, the Contractor shall prepare and furnish to the Project Officer and Contracting Officer, an updated, detailed budget of projected expenditures for the next contract year. Such budgets shall follow the format and format acceptable to the Project Officer and Contracting Officer, and will serve as a basis for the additional allocation of funds under this contract, pursuant to the referenced clause entitled "LIMITATION OF FUNDS". All such budgets shall be subject to the approval of the Contracting Officer and Project Officer.

(4) Contract Year Estimate-at-Completion The Contractor shall provide reports setting forth its "estimate-to-complete" the contract year: (a) within fifteen (15) working days after the end of the first six-month period of each contract year; and,

(b) at least 180 calendar days prior to the expiration of each contract year (concurrent with the annual budget submission as per c. immediately above). The report shall provide a breakdown following the format of the financial/budget cost status report, and shall set forth the costs to date and the estimated costs to be incurred for the remainder of the contract year.

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(5) Table of Employee Distribution (T.E.D.)

Within thirty (30) calendar days following contract award, the Contractor shall submit to the Contracting Officer, a table showing distribution/organization of all employees, their present grade/step, salary, and date of eligibility for next increase. The Government will review and furnish approval and/or comments about the T.E.D. Thereafter, the report shall be submitted on a quarterly basis. Any changes to the T.E.D. shall be coordinated with, and approved by, the Contracting Officer and Project Officer.

(6) List of Business Interests Within thirty (30) calendar days after contract award, the Contractor shall furnish a complete listing of all businesses in which it has an interest, including but not limited to, affiliates and subsidiaries. The Contractor shall update the list as variances in business interests occur and furnish one (1) copy to the Contracting Officer.

(7) Annual Capital Equipment List A draft listing of Capital Equipment requirements for the next Contract year will be provided to the Project Officer and Contracting Officer by March 1 of each Contract year; a final, prioritized Capital Equipment requirements will be provided by June 1 of each Contract year with the annual operating budget. Other Capital Equipment requirements will be as set forth in ARTICLE G.7.

(8) Miscellaneous The Contractor shall submit such other reports, in the time frames specified, pertaining to the contract effort as requested by the Contracting Officer or his duly authorized representatives.

All reports must be submitted to the Contracting Officer. Unless specified, format content, number of copies and distribution shall be determined by the Contracting Officer.

The Contracting Officer is the only person having authority to request special data or special reports in addition to those specifically identified in the contract. Therefore, requests for data or report submissions, unless approved by the Contracting Officer shall not be fulfilled by the Contractor.

FAILURE TO ADHERE TO THIS REQUIREMENT SHALL CONSTITUTE A NEGATIVE EVENT

UNDER THE PERFORMANCE BASED AWARD FEE EVALUATION SYSTEM.

d. Unless otherwise specified, submissions shall be directed to the Contracting Officer or Project Officer as indicated above to the following addresses:

Mr. Don Wheatley Chief Contracting Officer NCI-Frederick Building 427, Room 10 Frederick, Maryland 21702-1201

Project Officer NCI-Frederick Building 427 Frederick, Maryland 21702-1201

2. Summary of Salient Results The Contractor will be required to prepare and submit, with the final report, a summary (not to exceed 500 words) of salient results achieved during the performance of the contract. This report will be required on or before the expiration date of the contract.

b. Other Reports/Deliverables

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1. Source Code and Object Code Unless otherwise specified herein, the Contractor shall deliver to the Government, upon the expiration date of the contract, all source code and object code developed, modified, and/or enhanced under this contract.

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SECTION D - PACKAGING, MARKING AND SHIPPING

All deliverables required under this contract shall be packaged, marked and shipped in accordance with Government specifications. At a minimum, all deliverables shall be marked with the contract number and contractor name. The Contractor shall guarantee that all required materials shall be delivered in immediate usable and acceptable condition.

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SECTION E - INSPECTION AND ACCEPTANCE

a. The Contracting Officer or the duly authorized representative will perform inspection and acceptance of materials and services to be provided.

b. For the purpose of this SECTION, the Project Officer is the authorized representative of the Contracting Officer.

c. Inspection and acceptance will be performed at:

Office of Scientific Operations NCI-Frederick Building 427 Frederick, MD 21702-1201

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

d. This contract incorporates the following clause by reference, with the same force and effect as if it were given in full text. Upon request, the Contracting Officer will make its full text available.

FAR Clause 52.246-5, Inspection of Services - Cost-Reimbursement (April 1984).

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SECTION F - DELIVERIES OR PERFORMANCE

ARTICLE F.1. PERIOD OF PERFORMANCE

a. The period of performance of this contract shall be from September 26, 2008 through September 25, 2013.

b. If the Government exercises its option(s) pursuant to the OPTION PROVISION Article in Section H of this contract, the period of performance will be increased as listed below:

Option Option Period Year 6 September 26, 2013 - September 25, 2014 Year 7 September 26, 2014 - September 25, 2015 Year 8 September 26, 2015 - September 25, 2016 Year 9 September 26, 2016 - September 25, 2017 Year 10 September 26, 2017 - September 25, 2018

ARTICLE F.2. DELIVERIES

Satisfactory performance of the final contract shall be deemed to occur upon performance of the work described in the Statement of Work Article in SECTION C of this contract and upon delivery and acceptance by the Contracting Officer, or the duly authorized representative, of the following items in accordance with the stated delivery schedule:

a. The items specified below as described in the REPORTING REQUIREMENTS Article in SECTION C of this contract. will be required to be delivered F.o.b. Destination as set forth in FAR 52.247-35, F.o.b. DESTINATION, WITHIN CONSIGNEES PREMISES (APRIL 1984), and in accordance with and by the date(s) specified below [and any specifications stated in SECTION D, PACKAGING, MARKING AND SHIPPING, of this contract]:

Item Description Quantity Delivery Schedule

(1) Contractor Goals & Objectives Statement

Two (2) Draft - Two (2) weeks prior to start of evaluation period

Revised - Within two (2) weeks of Board meeting

(2) Contract Performance Status Report

Two (2) Within fourteen (14) calendar days after the end of each contract year

(3) Statistical Report Two (2) Quarterly

(4) Annual Report Twenty (20) Annual

(5) Final Report Twenty (20) Upon contract completion

(6) Level of Effort Summary Two (2) WIthin thirty (30) days after the end of each contract year

(7) Budget Two (2) By June 1st of each contract year

(8) Contract Year Estimate-at Completion

Two (2) (a) Within fifteen (15) working days after the end of the first six-month period of each contract year and (b) at least 180 calendar days prior to the

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(9) Table of Employee Distribution

Two (2) Quarterly

(10) Annual Capital Equipment List

Two (2) By June 1st of each contract year

(11) Contract Phase-In Plan Two (2) Within thirty (30) days of contract award

b. The above items shall be addressed and delivered to:

Addressee Deliverable Item No Quantity

Project Officer 1-11 See above

Contracting Officer 1-11 See above

ARTICLE F.3. LEVEL OF EFFORT

a. During the period of performance of this contract, the Contractor shall provide direct labor Years . The labor Years Exclude vacation, holiday, and sick leave. These labor Years Exclude subcontractor labor Years .

It is estimated that the labor Years are constituted as specified below and will be expended approximately as follows:

Labor YEARS

Labor Category Year 1 Year 2 Year 3 Year 4 Year 5 Professional Other Professional

Support Totals

Labor Category Year 6 Year 7 Year 8 Year 9 Year 10

Other

Support

Totals

ARTICLE F.4. CLAUSES INCORPORATED BY REFERENCE, FAR 52.252-2 (FEBRUARY

1998)

This contract incorporates the…