N02RC71023-75.pdf
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Support for Research on Retroviral Pathogenesis, Treatment and Prevention
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SOLICITATION
SECTION A - SOLICITATION/CONTRACT FORM
1. Requisition or other Purchase Authority: Public Law 92.218 as amended
2. Request for Proposal (RFP) Number:
N02RC71023-75
3. Issue Date:
February 1, 2018
4. Set Aside:
[X] No
[ ] Yes See Part IV Section L
5. Title : Support for Research on Retroviral Pathogenesis, Treatment and Prevention
6. ISSUED BY:
Office of Acquisitions National Cancer Institute National Institutes of Health 9609 Medical Center Drive, Room 1E580 Bethesda, MD 20892, MSC 9704
7. SUBMIT OFFERS TO:
See Part III, Section J, "Packaging and Delivery of the Proposal," ATTACHMENT 1 of this Solicitation.
8. 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 3:00 PM local time on March 5, 2018. 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.
9. This solicitation requires delivery of proposals as stated in ATTACHMENT 1, "PACKAGING AND DELIVERY OF THE PROPOSAL." If proposals are required to be delivered to two different locations, the OFFICIAL POINT OF RECEIPT for determining TIMELY DELIVERY is the address provided for the OFFICE OF ACQUISITIONS.
IF YOUR PROPOSAL IS NOT RECEIVED BY THE CONTRACTING OFFICER OR HIS DESIGNEE AT THE PLACE AND TIME SPECIFIED FOR THE OFFICE OF ACQUISITIONS, THEN IT WILL BE CONSIDERED LATE AND HANDLED IN ACCORDANCE WITH HHSAR Clause 352.215-70, "Late Proposals and Revisions"
LOCATED IN SECTION L.1. OF THIS SOLICITATION.
10. Offeror must be registered in the System for Award Management (SAM) prior to award of a contract. Offerors must access the CCR through The System for Award Management (SAM) at http://www.sam.gov
11. FOR INFORMATION CALL: Catherine Kennedy
PHONE: 301-825-8699
e-MAIL: catherine.kennedy3@nih.gov
COLLECT CALLS WILL NOT BE ACCEPTED.
Last day for questions:
February 9, 2018 Please Note: Mandatory Criteria (See Section M of the RFP)
Secondary Point of Contact Jame Chang Contracting Officer, OA, NCI jame.chang@nih.gov http://www.sam.gov
RFP Number : N02RC71023-75
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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. NAICS CODE AND SIZE STANDARD
c. TYPE OF CONTRACT AND NUMBER OF AWARDS
d. LEVEL OF EFFORT
e. COMMITMENT OF PUBLIC FUNDS
f. COMMUNICATIONS PRIOR TO CONTRACT AWARD
g. RELEASE OF INFORMATION
h. PREPARATION COSTS
i. 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. Evaluation of Proposals
6. Potential Award Without Discussions
7. Use of the Metric System of Measurement
8. Privacy Act - Treatment of Proposal Information
9. Selection of Offerors
10. Certification of Filing and Payment of Taxes
11. Past Performance Information
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12. Electronic Information Technology Accessibility Notice, HHSAR 352.239-73 (December 2015)
13. Solicitation Provisions Incorporated by Reference
b. TECHNICAL PROPOSAL INSTRUCTIONS
1. Technical Discussions
2. Other Considerations
3. Technical Evaluation
4. Obtaining and Disseminating Biomedical Research Resources
c. BUSINESS PROPOSAL INSTRUCTIONS
1. Basic Cost/Price Information
2. Proposal Cover Sheet
3. Information Other than Cost or Pricing Data
4. Requirements for Cost or Pricing Data or Information Other than Cost and Pricing Data
5. Salary Rate Limitation
6. Small Business Subcontracting Plan
7. Mentor Protege Program, HHSAR 352.219-70
8. HUBZone Small Business Concerns
9. Total Compensation Plan
10. Other Administrative Data
11. Qualifications of the Offeror
12. Subcontractors
13. Proposer's Annual Financial Report
14. Travel Costs/Travel Policy
SECTION M - EVALUATION FACTORS FOR AWARD
1. GENERAL
2. COST/PRICE EVALUATION
3. MANDATORY QUALIFICATION CRITERIA
4. EVALUATION OF OPTIONS
5. TECHNICAL EVALUATION FACTORS
6. EVALUATION OF ELECTRONIC AND INFORMATION TECHNOLOGY ACCESSIBILITY- SECTION
7. 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
Provide services in areas including cell culture and virology, immunology, protein biochemistry, molecular biology, storage of biological material and pick up/delivery of specimens for the Vaccine Branch, Center for Cancer Research, of the National Cancer Institute, Bethesda, Maryland.
ARTICLE B.2. ESTIMATED COST - OPTION
a. The estimated cost of the Base Period of this contract is $TBD.
b. The fixed fee for the Base Period of this contract is $TBD. The fixed fee shall be paid in direct ratio to the level of effort expended; that is, the percent of fee paid shall be equal to the percent of total effort expended. Payment shall be subject to the withholding provisions 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.
c. The total estimated amount of the contract, represented by the sum of the estimated cost plus the fixed fee for the Base Period is $TBD.
d. If the Government exercises its option pursuant to the OPTION PROVISION Article in SECTION H of this contract, the Government's total estimated contract amount represented by the sum of the estimated cost plus the fixed fee will be increased as follows:
Estimated Cost ($) Fixed Fee ($) Estimated Cost Plus Fixed Fee ($)
Option A: Transition-In (1 month)
TBD TBD TBD
Base Period (12 months) TBD TBD TBD Option Period 1 (12 months) TBD TBD TBD Option Period 2 (12 months) TBD TBD TBD Option Period 3 (12 months) TBD TBD TBD Option Period 4 (12 months) TBD TBD TBD Option B: Transition Out (2 months)
TBD TBD TBD
Option to Extend Services (6 months) TBD TBD TBD
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Estimated Cost ($) Fixed Fee ($) Estimated Cost Plus Fixed Fee ($)
Total (Base Period and Options) TBD TBD TBD
ARTICLE B.3. ESTIMATED COST - INCREMENTALLY FUNDED CONTRACT
a. The total estimated cost to the Government for full performance of this contract, including all allowable direct and indirect costs, is $TBD.
b. The following represents the schedule* by which the Government expects to allot funds to this contract:
CLIN, Task, Number, or Description
Start Date of Period or Increment of
Performance
End Date of
Period or Increment of Performance
Estimated Cost ($)
Fee ($) (as appropriate)
Estimated Cost Plus Fee ($) (as appropriate)
TBD TBD TBD TBD TBD TBD
[Total] [Total] [Total]
*To be inserted after negotiation
c. Total funds currently obligated and available for payment under this contract are $TBD.
d. The Contracting Officer may issue unilateral modifications to obligate additional funds to the contract and make related changes to paragraphs b. and/or c., above.
e. Until this contract is fully funded, the requirements of the clause at FAR 52.232-22, Limitation of Funds, shall govern. Once the contract is fully funded, the requirements of the clause at FAR 52.232-20, Limitation of Cost, shall govern.
f. Payment of fee shall be subject to the withholding provisions 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.
The fee shall be paid in direct ratio to the level of effort expended; that is, the percent of fee paid shall be equal to the percent of total effort expended.
ARTICLE B.4. 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. 1) Conferences & Meetings, 2) Food for Meals, Light Refreshments & Beverages, 3) Promotional Items, 4) Acquisition, by purchase or lease, of any interest in real property; 5) Special rearrangement or alteration of facilities; 6) Purchase or lease of any item of general purpose office furniture or office equipment regardless of dollar value; 7) Travel Costs including Foreign Travel; 8) Consultant Costs; 9) Subcontract Costs; 10) Patient Care Costs; 11) Accountable Government Property; 12) Printing costs; and 13) Research Funding.
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ARTICLE B.5. 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.
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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 February 1, 2018, 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 via email as attachment to the following NCI Branch Distribution mailbox: ncibrancheinvoices@mail.nih.gov
Any electronically-submitted documents submitted shall be conformant with Section 508 of the Rehabilitation Act of 1973. Additional information about testing documents for Section 508 compliance, including guidance and specific checklists, by application, can be found at HHS Section 508 : under " Making Files Accessible ". Checklists to ensure appropriate formatting can be found at HHS Section 508 Accessibility Checklists https://www.hhs.gov/web/ section-508/making-files-accessible/checklist/index.html . Document or document-type specific testing shall serve in lieu of the Section 508 Annual Report for Vendors , which is located on the HHS Section 508 Evaluation Template Product Accessibility Template (PAT) .
In addition, we refer the contract holder to the following two GSA Section 508 pages for guidance on developing electronic documents for accessibility and Section 508-conformance:
• GSA Section508.gov. Best Practices. https://www.section508.gov/best-practices
• GSA Section508.gov. Create Accessible Electronic Documents https://www.section508.gov/content/build/ create-accessible-documents
This contract holder shall use the relevant or respective checklist as a Section 508 report for each document it submits all one per file type (e.g., Microsoft Word, Microsoft Excel, PDF, etc.) at the end of the year, in lieu of the Section 508 Annual Report for Vendors.
Note: Hard copies of reports are no longer required and shall no longer be mailed to the NCI OA. Each email submission shall contain only one deliverable. If the attached file for the deliverable exceeds 50MB, the contractor shall divide the deliverable into files of 50MB each. All deliverables should be limited to five file attachments or less. In cases where it is necessary, more than five attachments will be accepted.
The subject line of the email shall read as follows:
Deliverable_Contract Number_Vendor's Name_Deliverable Description_Due Date
a. Technical Progress Reports
In addition to the required reports set forth elsewhere in this Schedule, the preparation and submission of regularly recurring Technical Progress Reports will be required in any contract resulting from this solicitation.
These reports will require descriptive information about the activities undertaken during the reporting period and will require information about planned activities for future reporting periods. The frequency and specific content of these reports will be determined prior to contract award. [Note: Beginning May 25, 2008, the Contractor shall include the applicable PubMed Central or NIH Manuscript Submission reference number when citing publications that arise from its NIH funded research.] https://www.hhs.gov/web/section-508/index.html https://www.hhs.gov/web/section-508/making-files-accessible/index.html https://www.hhs.gov/web/section-508/making-files-accessible/checklist/index.html https://www.hhs.gov/web/section-508/making-files-accessible/checklist/index.html https://www.hhs.gov/web/section-508/making-files-accessible/checklist/index.html https://www.hhs.gov/sites/default/files/web/508/contracting/technology/section_508_annual_report.doc https://www.hhs.gov/web/section-508/contracting/technology-products/product-accessiblity-template/index.html https://www.hhs.gov/web/section-508/contracting/technology-products/product-accessiblity-template/index.html https://www.section508.gov/best-practices https://www.section508.gov/content/build/create-accessible-documents https://www.section508.gov/content/build/create-accessible-documents https://www.hhs.gov/sites/default/files/web/508/contracting/technology/section_508_annual_report.doc
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1. Final Phase-In Plan
The Contractor shall ensure a smooth transition between the incumbent and the new award. The work shall be performed concurrently with the first month of the base period.
5 business days after start of the contract award, the Contractor shall provide a final Phase-in plan with consideration of feedback received from the COR.
Final Phase-in plan shall include the following:
a) Describe the strategy for taking over work from the incumbent Contractor to ensure continuity of the current contract (Support for Research on Retroviral Pathogenesis, Treatment, and Prevention), with consideration of feedback received from the COR.
The plan shall address the transfer of relevant files, records, materials (such as film for Weston blot and actual samples), data and transition of all activities, and electronic documents from the incumbent Contractor to a secure server space. The plan shall also address how they plan to ensure an orderly, secure, efficient, and expedient transition of all contract activities with no break in service. The plan should also address communication and mitigation of any problems/concerns that are anticipated, or any that may arise.
b) The plan shall address an appropriately bonded moving agent, experienced in secure transfer of biological materials under appropriate storage temperatures, to safely move all materials maintained under the current contract to the successor Contractor or the Government, without any interruption of services. The Contractor shall package biological specimens according to U.S. Department of Transportation regulations www.who.int/csr/ emc97_3.pdf_ which describes the packaging and transportation. The packing materials must be of good quality and strong enough to withstand leakage, pressure, vibration, temperature changes, conveyor and mechanical conditions.
c) The plan shall address how the Contractor will ensure that adequate computer services are available, such as a software that combines scientific graphing, curve fitting, biostatistics and data organization; a spreadsheet program used to retrieve and store numerical data in grid format; and a software package used for analyzing flow cytometry data. These are just a few of the computer applications that the Contractor will have to ensure that they have present. The Contractor shall ensure that data storage is available for receiving and maintaining data records.
2. Data Reports
These reports shall be project specific and document in detail the steps taken in performing the tasks delineated and provide the results of the data collection. The Data Reports shall be due to the COR or designated NCI PI within 48 business hours after completion of assays.
3. Semi-Annual Report
This report shall include a narrative statement of the work accomplished during the reporting period, a statement of current and potential problem areas, and proposed corrective action, a discussion of any special activities to be undertaken during the next reporting period, and a listing of items and quantities delivered to the Government during the reporting period. The first report shall cover the period of June 1, 2018 through November 30, 2018. Subsequent reports shall encompass each succeeding six calendar month period. The report shall be due on or before the 30th calendar day
- 9 -after the end of the reporting period. This report shall not be due for the period in which the final report is due.
4. Draft Transition Out Plan
Two (2) months prior to the completion date of the contract, the Draft Transition Plan shall be submitted for review and comments by the COR and Contracting Officer. Elements to be addressed are:
a) An inventory of samples, materials, and products to be transferred.
b) Clear labeling and identification of vials and sample containers to be transferred.
c) Government-owned property to be transferred and equipment maintenance records.
d) Materials that will be under production at the end of the contract which will need to be transferred together with appropriate SOPs for completion of the production.
e) Electronic files of all data and labeled and inventoried paper files to be transferred.
f) Transition activities, timelines, and staff needed to implement the transfer to the successor contractor.
5. Final Transition Out Plan
One (1) month prior to the completion date of the contract, the Final Transition Plan shall be submitted for review and approval by the COR and the Contracting Officer. The Final Transition Plan shall present a comprehensive logistical analysis for the orderly and safe transition of research support functions to a Successor Contractor. This plan shall include:
i. The tasks associated with secure transfer by the successor contractor of stored materials, reagents, all related data, and any Government-furnished property.
ii. A timeline for the complete, timely and effective transfer of data, and research materials held by any subcontractor(s) to the Successor Contractor, and performance of all necessary transition, transfer and closeout functions on each subcontract.
iii. A timeline for delivery to the successor Contractor and/or the Government, the following additional items:
a. A computerized inventory of samples, materials, and products being transferred.
b. Lists of all materials still under production with any relevant SOPs for completing the production
c. Electronic files of all data
d. Labeled and inventoried paper files
e. Listings of all Government-owned property and equipment maintenance records.
iv. A plan for maintenance of full operational capacity through the completion date of the contract.
6. Final Report
This report shall document and summarize the results of the entire contract. This report shall be in sufficient detail to explain comprehensively the results achieved in performance of the contract statement of work as stated herein. A summary listing of the items and quantities delivered to the Government under this contract shall be included in this report. The final report shall be due on or before the completion date of the contract.
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7. Ad Hoc Inventory Report
The Contractor shall perform and report limited, special inventory checks as requested by the COR to resolve inventory discrepancies on an as needed basis.
b. Other Reports/Deliverables
1. Biological Specimens Delivery
Pick-up and deliver Biological Specimens as requested by the COR. The Contractor shall arrange for pick-up and delivery of specimens, Monday through Friday, except for Government holidays, between the Contractor's site and laboratories on the NIH campus (9000 Rockville Pike, Bethesda, MD 20892-1360), or NCI Fort Detrick (810 Schredier Street #1, Frederick, MD 21702). Pick-up/ delivery times will be specified by the COR or other NCI Investigators and will be approximately between 8:00 AM and 4:30 PM local time. The Contractor will also arrange shipment of specimens or reagents to outside investigators as requested by the COR. The Contractor shall package biological specimens according to U.S. Department of Transportation regulations.
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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 Contracting Officer's Representative (COR) is the authorized representative of the Contracting Officer.
c. Inspection and acceptance will be performed at:
National Institutes of Health National Cancer Institute Center for Cancer Research Vaccine Branch 41 Center Dr, Room C303, MSC 5065 Bethesda, MD 20892-5065
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 June 1, 2018 through May 31, 2019.
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 Option 1 12 months Option 2 12 months Option 3 12 months Option 4 12 months Option to Extend Services 6 months
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 Delivered to Due Date
TECHNICAL PROGRESS REPORTS
1 Final Phase-In Plan ncibrancheinvoices@mail.nih.gov Due within 5 business days after start of the contract award
2 Data Reports Contracting Officer Representative or designated NCI PI.
Shall be due to the COR or designated NCI PI within 48 hours after completion of Task
3 Semi-Annual Report ncibrancheinvoices@mail.nih.gov
The first report shall cover the period of June 1, 2018 through
November 30, 2018. Subsequent reports shall encompass each succeeding six calendar month period. The report shall be due on or before the
30 th calendar day after the end of the reporting period
4 Draft Transition Out Plan ncibrancheinvoices@mail.nih.gov Due within two (2) months prior to the completion date of the contract.
5 Final Transition Out plan ncibrancheinvoices@mail.nih.gov Due within one (1) month prior to the completion date of the contract
6 Final Report ncibrancheinvoices@mail.nih.gov Due before the completion date of the contract mailto:ncibrancheinvoices@mail.nih.gov mailto:ncibrancheinvoices@mail.nih.gov mailto:ncibrnacheinvoices@mail.nih.gov mailto:ncibrnacheinvoices@mail.nih.gov
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7 Ad Hoc Inventory Report ncibrancheinvoices@mail.nih.gov At the request of the COR to resolve inventory discrepancies.
OTHER REPORTS/DELIVERABLES
8 Biological Specimens Contracting Officer Representative
At the request of the COR and as specified in the Statement of Work
b. The above items shall be addressed and delivered to:
Addresses: Deliverable Item No.
Contracting Officer (CO) [To be named]
Contracting Officer's Representative (COR) [To be named] ncibrancheinvoices@mail.nih.gov
Technical Progress Reports: 1, 3 - 7
Contracting Officer's Representative (COR) or designated NCI PI
[To be named]
Biological Specimen Delivery
NIH Campus 9000 Rockville Pike, Bethesda, MD 20892-1360
Or NCI Fort Detrick Campus
810 Schredier Street #1 Frederick, MD 21702 Or
Outside investigators as requested by COR
ARTICLE F.3. LEVEL OF EFFORT
a. During the period of performance of this contract, the Contractor shall provide TBD direct labor Hours . The labor Hours Exclude vacation, holiday, and sick leave. These labor Hours Exclude subcontractor labor Hours .
It is estimated that the labor Hours are constituted as specified below and will be expended approximately as follows:
Labor Category
Option A:
Transition-In
Base year
Option 1 Option 2 Option 3 Option 4 Option B:
Transition-
Out
Option to Extend
Services Professional Other Professional
Support
TOTALS
b. The Contractor shall have satisfied the requirement herein if not less than 80% nor more than 120% of the total direct labor Hours specified herein are furnished. These terms and conditions do not supersede the requirements of either the "Limitation of Cost" or "Limitation of Funds" clause.
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c. In the event fewer Hours than the minimum specified number of direct labor Hours in the total categories are used by the Contractor in accomplishing the prescribed work and the Government has not invoked its rights under FAR Clause 52.249-6, TERMINATION (Cost-Reimbursement) incorporated in this contract, these parties agree that the fee will be adjusted based solely upon the quantity of Hours by which the number of direct labor Hours furnished is less than the number of direct labor Hours specified in this ARTICLE. The resulting adjustment shall be evidenced by a contract modification.
ARTICLE F.4. CLAUSES INCORPORATED BY REFERENCE, FAR 52.252-2 (FEBRUARY
1998)
This contract incorporates the following clause(s) by reference, with the same force and effect as if it were given in full text. Upon request, the Contracting Officer will make its full text available. Also, the full text of a clause may be accessed electronically at this address: https://www.acquisition.gov/?q=browsefar.
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSE:
52.242-15, Stop Work Order (August 1989)
Alternate I (April 1984) is applicable to this contract.
https://www.acquisition.gov/?q=browsefar
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SECTION G - CONTRACT ADMINISTRATION DATA
ARTICLE G.1. CONTRACTING OFFICER'S REPRESENTATIVE (COR)
The following Contracting Officer's Representative (COR) will represent the Government for the purpose of this contract:
TBD
The COR is responsible for: (1) monitoring the Contractor's technical progress, including the surveillance and assessment of performance and recommending to the Contracting Officer changes in requirements; (2) interpreting the statement of work and any other technical performance requirements; (3) performing technical evaluation as required; (4) performing technical inspections and acceptances required by this contract; and (5) assisting in the resolution of technical problems encountered during performance.
The Contracting Officer is the only person with authority to act as agent of the Government under this contract. Only the Contracting Officer has authority to: (1) direct or negotiate any changes in the statement of work; (2) modify or extend the period of performance; (3) change the delivery schedule; (4) authorize reimbursement to the Contractor for any costs incurred during the performance of this contract; (5) otherwise change any terms and conditions of this contract; or (6) sign written licensing agreements. Any signed agreement shall be incorporated by reference in Section K of the contract
The Government may unilaterally change its COR designation.
ARTICLE G.2. KEY PERSONNEL, HHSAR 352.237-75 (December 2015)
The key personnel specified in this contract are considered to be essential to work performance. At least 30 days prior to the contractor voluntarily diverting any of the specified individuals to other programs or contracts the Contractor shall notify the Contracting Officer and shall submit a justification for the diversion or replacement and a request to replace the individual. The request must identify the proposed replacement and provide an explanation of how the replacement's skills, experience, and credentials meet or exceed the requirements of the contract (including, when applicable, Human Subjects Testing requirements). If the employee of the contractor is terminated for cause or separates from the contractor voluntarily with less than thirty days notice, the Contractor shall provide the maximum notice practicable under the circumstances. The Contractor shall not divert, replace, or announce any such change to key personnel without the written consent of the Contracting Officer. The contract will be modified to add or delete key personnel as necessary to reflect the agreement of the parties.
(End of Clause)
The following individual(s) is/are considered to be essential to the work being performed hereunder:
Name Title
TBD TBD
ARTICLE G.3. INVOICE SUBMISSION/CONTRACT FINANCING REQUEST AND CONTRACT
FINANCIAL REPORT
a. Invoice Submission/Contract Financing Request, NIH(RC)-1for NIH Cost-Reimbursement Type Contracts are attached and made part of this contract. The Contractor shall follow the attached instructions and submission procedures specified below to meet the requirements of a "proper invoice" pursuant to FAR Subpart 32.9, Prompt Payment.
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1. Payment requests shall be submitted to the offices identified below. Do not submit supporting documentation (e.g., receipts, time sheets, vendor invoices, etc.) with your payment request unless specified elsewhere in the contract or requested by the Contracting Officer.
a. The original invoice shall be submitted to the following designated billing office:
National Institutes of Health Office of Financial Management Commercial Accounts 2115 East Jefferson Street, Room 4B-432, MSC 8500 Bethesda, MD 20892-8500
b. One courtesy copy of the original invoice shall be submitted electronically as follows:
1. The Contractor shall scan the original payment request (invoice) in Adobe Portable Document Format (PDF) along with the necessary supporting documentation as one single attachment.
2. Save the single attachment (scanned invoice along with any supporting documentation) in the following format: YourVendorName_Invoice number (e.g., if you are submitting Invoice 123456, save the single attachment as "Ash Stevens_Invoice 123456") [Note: Please do not use special characters such as (#, $, %,*, &, !) when saving your attachment. Only the underscore symbol (_) is permitted.]
3. Transmit the saved single attachment via e-mail to the appropriate branch's Central Point of Distribution. For the purpose of this contract, the Central Point of Distribution is NCI OA Branch E - ncibrancheinvoices@mail.nih.gov . Only one payment request shall be submitted per e-mail and the subject line of the e-mail shall include the Contract Number_ Contract Title_ Contractor's Name_ unique Invoice number
(e.g, HHSN2612XXXXXC_Clinical Genetics Support_Ash Stevens_Invoice 12345) [Note:
The original payment request must still be submitted in hard copy and mailed to the designated billing office listed in subparagraph a, above, to meet the requirements of a "proper invoice." Also, The Contractor must certify on the payment request that the electronic courtesy copy is a duplicate of the original invoice mailed to NIH's Office of Financial Management.]
2. In addition to the requirements specified in FAR 32.905 for a proper invoice, the Contractor shall include the following information on the face page of all payment requests:
a. Name of the Office of Acquisitions. The Office of Acquisitions for this contract is the National Cancer Institute .
b. Federal Taxpayer Identification Number (TIN). If the Contractor does not have a valid TIN, it shall identify the Vendor Identification Number (VIN) on the payment request. The VIN is the number that appears after the Contractor's name on the face page of the contract. [Note: A VIN is assigned to new contracts awarded on or after June 4, 2007, and any existing contract modified to include the VIN number.] If the Contractor has neither a TIN, DUNS, or VIN, contact the Contracting Officer.
c. DUNS or DUNS+4 Number. The DUNS number must identify the Contractor's name and address exactly as stated in the contract and as registered in the Central Contractor Registration (CCR) database. If the Contractor does not have a valid DUNS number, it shall identify the Vendor Identification Number (VIN) on the payment request. The VIN is the number that appears after the Contractor's name on the face page of the contract. [ Note: A VIN is assigned
- 18 -to new contracts awarded on or after June 4, 2007, and any existing contract modified to include the VIN number.] If the Contractor has neither a TIN, DUNS, or VIN, contact the Contracting Officer.
d. Invoice Matching Option. This contract requires a two-way match.
e. Unique Invoice Number. Each payment request must be identified by a unique invoice number, which can only be used one time regardless of the number of contracts or orders held by an organization.
f. The Contract Title is:
Support for Research on Retroviral Pathogenesis, Treatment, and Prevention
g. Contract Line Items as follows:
Line Item # Line Item Description
TBD TBD
b. Inquiries regarding payment of invoices shall be directed to the designated billing office, (301) 496-6088.
ARTICLE G.4. PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS
SUBCONTRACTORS, FAR 52.232-40 (December 2013)
a. Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.
b. The acceleration of payments under this clause does not provide any new rights under the prompt Payment Act.
c. Include the substance of this clause, include this paragraph c, in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.
(End of Clause)
ARTICLE G.5. INDIRECT COST RATES
In accordance with Federal Acquisition Regulation (FAR) (48 CFR Chapter 1) Clause 52.216-7 (d)(2), Allowable Cost and Payment incorporated by reference in this contract in PART II, SECTION I, the cognizant Contracting Officer representative responsible for negotiating provisional and/or final indirect cost rates is identified as follows:
Director, Division of Financial Advisory Services Office of Acquisition Management and Policy National Institutes of Health
6011 EXECUTIVE BLVD, ROOM 549C, MSC-7663
BETHESDA MD 20892-7663
These rates are hereby incorporated without further action of the Contracting Officer.
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ARTICLE G.6. GOVERNMENT PROPERTY
If this RFP will result in the acquisition or use of Government Property provided by the contracting agency or if the Contracting Officer authorizes in the preaward negotiation process, the acquisition of property (other than real property), this ARTICLE will include applicable provisions and incorporate the HHS Publication, entitled, "HHS Contracting Guide for Contract of Government Property," which can be found at: http://oamp.od.nih.gov/sites/default/ files/appendix_q_hhs_contracting_guide.pdf.
ARTICLE G.7. POST AWARD EVALUATION OF CONTRACTOR PERFORMANCE
a. Contractor Performance Evaluations
Interim and Final evaluations of Contractor performance will be prepared on this contract in accordance with FAR Subpart 42.15. The Final performance evaluation will be prepared at the time of completion of work. In addition to the Final evaluation, Interim evaluation(s) will be prepared Annually on the anniversary date of the contract.
Interim and Final evaluations will be provided to the Contractor as soon as practicable after completion of the evaluation. The Contractor will be permitted thirty days to review the document and to submit additional information or a rebutting statement. If agreement cannot be reached between the parties, the matter will be referred to an individual one level above the Contracting Officer, whose decision will be final.
Copies of the evaluations, Contractor responses, and review comments, if any, will be retained as part of the contract file, and may be used to support future award decisions.
b. Electronic Access to Contractor Performance Evaluations
Contractors may access evaluations through a secure Web site for review and comment at the following address:
http://www.cpars.gov http://oamp.od.nih.gov/sites/default/files/appendix_q_hhs_contracting_guide.pdf http://oamp.od.nih.gov/sites/default/files/appendix_q_hhs_contracting_guide.pdf http://www.cpars.gov
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SECTION H - SPECIAL CONTRACT REQUIREMENTS
ARTICLE H.1. HUMAN SUBJECTS
It is hereby understood and agreed that research involving human subjects shall not be conducted under this contract, and that no material developed, modified, or delivered by or to the Government under this contract, or any subsequent modification of such material, will be used by the Contractor or made available by the Contractor for use by anyone other than the Government, for experimental or therapeutic use involving humans without the prior written approval of the Contracting Officer.
ARTICLE H.2. HUMAN MATERIALS
The acquisition and supply of all human specimen material (including fetal material) used under this contract shall be obtained by the Contractor in full compliance with applicable State and Local laws and the provisions of the Uniform Anatomical Gift Act in the United States, and no undue inducements, monetary or otherwise, will be offered to any person to influence their donation of human material.
ARTICLE H.3. RESEARCH INVOLVING RECOMBINANT OR SYNTHETIC NUCLEIC ACID
MOLECULES (Including Human Gene Transfer Research)
All research projects (both NIH-funded and non-NIH-funded) involving recombinant or synthetic nucleic acid molecules that are conducted at or sponsored by an entity in the U.S. that receives any support for recombinant or synthetic nucleic acid research from NIH shall be conducted in accordance with the NIH Guidelines for Research Involving Recombinant or Synthetic Nucleic Acid Molecules ( NIH Guidelines) available at: http://osp.od.nih.gov/office-biotechnology-activities/biosafety/nih-guidelines). All NIH-funded projects abroad that include recombinant or synthetic nucleic acid molecules must also comply with the NIH Guidelines.
The NIH Guidelines stipulate biosafety and containment measures for recombinant or synthetic nucleic acid research, which is defined in the NIH Guidelines as research with (1) molecules that a) are constructed by joining nucleic acid molecules and b) can replicate in a living cell, i.e. recombinant nucleic acids, or (2) nucleic acid molecules that are chemically or by other means synthesized or amplified, including those that are chemically or otherwise modified but can base pair with naturally occurring nucleic acid molecules, i.e. synthetic nucleic acids, or (3) molecules that result from the replication of those described in (1) or (2). The NIH Guidelines apply to both basic and clinical research.
Specific guidance for the conduct of human gene transfer studies appears in Appendix M of the NIH Guidelines.
Failure to comply with the NIH Guidelines may result in suspension, limitation, or termination of the contract for any work related to recombinant or synthetic nucleic acid research or a requirement for the Contracting Officer to approve any or all recombinant or synthetic nucleic acid molecule projects under this contract. This includes the requirement for the institution to have an Institutional Biosafety Committee (IBC) registered with the NIH Office of Science Policy that complies with the requirements of the NIH Guidelines. Further information about compliance with the NIH Guidelines can be found on the NIH Office of Science Policy website available at: http://osp.od.nih.gov/.
ARTICLE H.4. ACKNOWLEDGEMENT OF FEDERAL FUNDING
The Contractor shall clearly state, when issuing statements, press releases, requests for proposals, bid solicitations and other documents describing projects or programs funded in whole or in part with Federal money: (1) the percentage of the total costs of the program or project which will be financed with Federal money; (2) the dollar amount of Federal funds for the project or program; and (3) the percentage and dollar amount of the total costs of the project or program that will be financed by nongovernmental sources.
ARTICLE H.5. DISSEMINATION OF FALSE OR DELIBERATELY MISLEADING INFORMATION
The Contractor shall not use contract funds to disseminate information that is deliberately false or misleading.
http://osp.od.nih.gov/office-biotechnology-activities/biosafety/nih-guidelines http://osp.od.nih.gov/office-biotechnology-activities/biosafety/nih-guidelines http://osp.od.nih.gov
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ARTICLE H.6. INTRODUCTION OF RODENTS AND RODENT PRODUCTS
No rodent or rodent product shall be delivered into the NIH, NCI environment (NIH) directly, or through collaborative research or holding facilities under contract to NCI except by permit. Direct shipments to NIH from a Division of Veterinary Resources (DVR), Office of Research Services (ORS) approved source will be considered exempt. Non-exempt sources must be approved by permit issued through the DVR, ORS. The permit must be obtained by the Contractor prior to the shipment to NIH of the rodents and/or rodent products. The Contractor must be sure that this permit exists and is current before transferring rodents or rodent products into the NIH, NCI environment. Refusal or negligence to do so will be considered a material breach of contract and may be treated as any other such material breach. Applications for permits should be submitted by facsimile not less than 30 days prior (60 days in situations where quarantine is likely) to shipping date to: NIH Division of Veterinary Resources (DVR), Office of Research Services (ORS), Building 14G, Service Rd. South, Room 102, BETHESDA MD 20892-5210, (301)496-2527, FAX:
(301) 402-0352.
ARTICLE H.7. PROTECTION OF PERSONNEL WHO WORK WITH NONHUMAN PRIMATES
All Contractor personnel who work with nonhuman primates or enter rooms or areas containing nonhuman primates shall comply with the procedures set forth in NIH Policy Manual 3044-2, entitled, "Protection of NIH Personnel Who Work with Nonhuman Primates," located at the following URL:
http://oma.od1.nih.gov/manualchapters/intramural/3044-2/
ARTICLE H.8. RESTRICTION ON PORNOGRAPHY ON COMPUTER NETWORKS
The Contractor shall not use contract funds to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography.
ARTICLE H.9. GUN CONTROL
The Contractor shall not use contract funds in whole or in part, to advocate or promote gun control.
ARTICLE H.10. CERTIFICATION OF FILING AND PAYMENT OF TAXES
The contractor must be in compliance with Section 518 of the Consolidated Appropriations Act of FY 2014.
ARTICLE H.11. OPTION PROVISION
Unless the Government exercises its option pursuant to the Option Clause set forth in SECTION I., the contract will consist only of the Base Period of the Statement of Work as defined in Sections C and F of the contract. Pursuant to FAR Clause 52.217-8, Option to Extend Services and FAR Clause 52.217-9, Option to Extend the Term of the Contract set forth in SECTION I. of this contract, the Government may, by unilateral contract modification, require the Contractor to perform additional options set forth in the Statement of Work and also defined in Sections C and F of the contract. If the Government exercises this option, notice must be given at least 30 days prior to the expiration date of this contract, and the estimated cost plus fixed fee of the contract will be increased as set forth in the ESTIMATED COST PLUS FIXED FEE Article in SECTION B of this contract.
ARTICLE H.12. SUBCONTRACTING PROVISIONS
a. Small Business Subcontracting Plan
1. The Small Business Subcontracting Plan, dated (to be determined) is attached hereto and made a part of this contract.
http://oma1.od.nih.gov/manualchapters/intramural/3044-2/
- 22 -
2. The failure of any Contractor or subcontractor to comply in good faith with FAR Clause 52.219-8, entitled "Utilization of Small Business Concerns" incorporated in this contract and the attached Subcontracting Plan, will be a material breach of such contract or subcontract and subject to the remedies reserved to the Government under FAR Clause 52.219-16 entitled, "Liquidated Damages-Subcontracting Plan."
b. Subcontracting Reports
The Contractor shall submit the following Subcontracting reports electronically via the "electronic Subcontracting Reporting System (eSRS) at http://www.esrs.gov.
1. Individual Subcontract Reports (ISR)
Regardless of the effective date of this contract, the Report shall be due on the following dates for the entire life of this contract:
April 30th October 30th Expiration Date of Contract
2. Summary Subcontract Report (SSR)
Regardless of the effective date of this contract, the Summary Subcontract Report shall be submitted annually on the following date for the entire life of this contract:
October 30th
For both the Individual and Summary Subcontract Reports, the Contracting Officer shall be included as a contact for notification purposes at the following e-mail address:
TBD
Contracting Officer
ARTICLE H.13. ELECTRONIC AND INFORMATION TECHNOLOGY ACCESSIBILITY NOTICE
HHSAR 352.239-73 (December 2015)
a. Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), as amended by the Workforce Investment Act of 1998 and the Architectural and Transportation Barriers Compliance Board Electronic and Information (EIT) Accessibility Standards (36 CFR part 1194), require that when Federal agencies develop, procure, maintain, or use electronic and information technology, Federal employees with disabilities have access to and use of information and data that is comparable to the access and use by Federal employees who are not individuals with disabilities, unless an undue burden would be imposed on the agency. Section 508 also requires that individuals with disabilities, who are members of the public seeking information or services from a Federal agency, have access to and use of information and data that is comparable to that provided to the public who are not individuals with disabilities, unless an undue burden would be imposed on the agency.
b. Accordingly, any offeror responding to this solicitation must comply with established HHS EIT accessibility standards. Information about Section 508 is available at http://www.hhs.gov/web/508 . The complete text of the Section 508 Final Provisions can be accessed at http://www.access-board.gov/guidelines-and standards/ communications-and-it/about-the-section-508-standards .
c. The Section 508 accessibility standards applicable to this solicitation are stated in the clause at 352.239-74, Electronic and Information Technology Accessibility. In order to facilitate the Government's determination whether proposed EIT supplies meet applicable Section 508 accessibility standards, offerors must submit an HHS Section 508 Product Assessment Template, in accordance with its completion instructions. The purpose of the template is to assist HHS acquisition and program officials in determining whether proposed EIT supplies conform to applicable Section 508 accessibility standards.
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