rfpIllumina Reagents2010-052final.pdf

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SOLICITATION

SECTION A - SOLICITATION/CONTRACT FORM

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

2. Request for Proposal (RFP) Number:

NHLBI-PB(HG)-2010-052

3. Issue Date:

May 28, 2010

4. Set Aside:

[X] No

[ ] Yes Part IV Section L

5. Title : Illumina Reagents and Consumables

6. ISSUED BY:

Office of Acquisitions National Heart, Lung, and Blood Institute National Institutes of Health 6701 Rockledge Drive Building RKL2, Room 6224 Bethesda, Maryland 20892-7902

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 4:00 p.m. local time on June 18, 2010. 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 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.

10. Offeror must be registered in the Central Contractor Registry (CCR) prior to award of a contract. http:// www.ccr.gov

11. FOR INFORMATION CALL: Debra C. Hawkins

PHONE: 301-435-0361

e-MAIL: hawkinsd@nhlbi.nih.gov

COLLECT CALLS WILL NOT BE ACCEPTED.

Debra C. Hawkins Contracting Officer Office of Acquisitions National Heart, Lung, and Blood Institute http://www.ccr.gov http://www.ccr.gov

RFP Number : NHLBI-PB(HG)-2010-052

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RFP TABLE OF CONTENTS

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. COMMITMENT OF PUBLIC FUNDS

e. COMMUNICATIONS PRIOR TO CONTRACT AWARD

f. RELEASE OF INFORMATION

g. PREPARATION COSTS

h. 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. Uniform Resource Locators (URLs) in Contract Proposals

6. Page and Formatting Limitations

7. Alternate Proposals

8. Evaluation of Proposals

9. Potential Award Without Discussions

10. Use of the Metric System of Measurement

11. Privacy Act - Treatment of Proposal Information

12. Selection of Offerors

13. Past Performance Information

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14. Electronic and Information Technology Accessibility

15. Solicitation Provisions Incorporated by Reference

b. TECHNICAL PROPOSAL INSTRUCTIONS

1. Technical Discussions

2. Other Considerations

3. Technical Evaluation

c. BUSINESS PROPOSAL INSTRUCTIONS

1. Basic Cost/Price Information

2. Information Other than Cost or Pricing Data

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

4. Small Business Subcontracting Plan

5. Extent of Small Disadvantaged Business Participation

6. Other Administrative Data

7. Qualifications of the Offeror

8. Subcontractors

9. Proposer's Annual Financial Report

10. Travel Costs/Travel Policy

SECTION M - EVALUATION FACTORS FOR AWARD

1. GENERAL

2. MANDATORY QUALIFICATION CRITERIA

3. TECHNICAL EVALUATION CRITERIA

4. PAST PERFORMANCE FACTOR

5. EXTENT OF SMALL DISADVANTAGED BUSINESS PARTICIPATION

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SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

ARTICLE B.1. BRIEF DESCRIPTION OF SUPPLIES OR SERVICES

To provide llumina Reagents and Consumables to the Institutes and Centers of the National Institutes of Health on a delivery order basis for the period September 1, 2010 through August 31, 2015.

ARTICLE B.2. PRICES/COSTS

The final contract will contain the price/cost provisions agreed upon by the Government and the Offeror.

ARTICLE B.3. PRICES

a. The total estimated amount of this contract is $ .

b. Upon delivery and acceptance of the item(s) described in SECTION C of this contract and identified in the schedule of charges below, the Government shall pay to the Contractor the unit price(s) set forth below: [ The schedule of charges will be completed in the contract award document. ]

c. The estimated contract amount and quantity of items set forth in paragraphs a. & b. above is not a guarantee that the estimated quantites will be required or ordered.

ARTICLE B.4. ADVANCE UNDERSTANDINGS

Commercial Price List -- The Contractor shall submit to the Government its Commercial Price List on an annual basis not later than the anniversary date of the contract award. Upon receipt, the Commercial Price List is automatically incorporated by reference into the contract.

NIH Only Accessible Website -- The Contractor shall provide to the Government an NIH Only accessible website of the its Commercial Price List. The website will list all reagents and consumables covered under the contract's terms and conditions as well as the negotiated percentage discounts.

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SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

ARTICLE C.1. [DESCRIPTION-SPECIFICATION-WORKSTATEMENT-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 4, 2010, attached hereto and made a part of this Solicitation (See SECTION J - List of Attachments).

ARTICLE C.2. REPORTING REQUIREMENTS

a. Delivery Order Report

The Delivery Order Report shall be submitted on a quarterly basis to the Contracting Officer and the Contracting Officer's Technical Representative / Project Officer (COTR/PO). The Delivery Order Report must include the following: requesting IC, name of requester, contract number, delivery order number, date of order, an itemized list of items ordered, the commercial list price, the percentage discount, the invoiced amount, the total amount of the order, and date of delivery.

The report must be delivered electronically via email as an attachment in Excel 2007 or an earlier compatible version to the Contracting Officer and the COTR/PO. The report must be submitted on a quarterly basis in accordance with the following schedule:

Reporting Period Due Date September 1, 2010 through November 30, 2010 December 31, 2010

December 1, 2010 through February 28, 2011 March 31, 2011

March 1, 2011 through May 31, 2011 June 30, 2011

June 1, 2011 through August 31, 2011 September 30, 2011

September 1, 2011 through November 30, 2011 December 31, 2011

December 1, 2011 through February 29, 2012 March 31, 2012

March 1, 2012 through May 31, 2012 June 30, 2012

June 1, 2012 through August 31, 2012 September 30, 2012

September 1, 2012 through November 30, 2012 December 31, 2012

December 1, 2012 through February 28, 2013 March 31, 2013

March 1, 2013 through May 31, 2013 June 30, 2013

June 1, 2013 through August 31, 2013 September 30, 2013

September 1, 2013 through November 30, 2013 December 31, 2013

December 1, 2013 through February 28, 2014 March 31, 2014

March 1, 2014 through May 31, 2014 June 30, 2014

June 1, 2014 through August 31, 2014 September 30, 2014

September 1, 2014 through November 30, 2014 December 31, 2014

December 1, 2014 through February 28, 2015 March 31, 2015

March 1, 2015 through May 31, 2015 April 30, 2015

June 1, 2015 through August 31, 2015 August 31, 2015

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b. Other Reports/Deliverables

1. Section 508 Annual Report

The contractor shall submit an annual Section 508 report in accordance with the schedule set forth in the ELECTRONIC AND INFORMATION TECHNOLOGY ACCESSIBILITY Article in SECTION H of this contract. Instructions for completing the report are available at: http://508.hhs.gov/.

2. Small Business Subcontracting Plan Report

The small business subcontracting plan report must be submitted bi-annually and annually into the Electronic Subcontracting Reporting System (eSRS) at www.esrs.gov .

http://508.hhs.gov/ http://www.esrs.gov

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SECTION D - PACKAGING, MARKING AND SHIPPING

ARTICLE D.1. PACKAGING

All deliverables required under this contract shall be packaged, marked and shipped in accordance with the customary practices for reagents and consumables. At a minimum, all deliverables shall be marked with the contract number, delivery order number, and Contractor name. The Contractor shall guarantee that all required materials shall be delivered in immediate usable and acceptable condition.

Specific packaging, marking, and shipping instructions shall be specified in the award document.

ARTICLE D.2. MARKING

ARTICLE D.3. SHIPPING

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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, COTR / PO is the authorized representative of the Contracting Officer.

c. Inspection and acceptance will be performed at the Point of Delivery by the Ordering Official in accordance with the Inspection and Acceptance provisions of the Statement of Work.

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 52.246-2, Inspection of Supplies - Fixed Price (August 1996).

FAR Clause 52.246-16, Responsibility for Supplies (April 1984).

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SECTION F - DELIVERIES OR PERFORMANCE

ARTICLE F.1. PERIOD OF PERFORMANCE

The period of performance of this contract shall be from September 1, 2010 through August 31, 2015.

ARTICLE F.2. DELIVERIES

a. Satisfactory performance of this contract shall be deemed to occur upon delivery of the items described in the Description Article in SECTION B of this contract and upon delivery and acceptance by the Contracting Officer, or the duly authorized representative, of the Items specified in the Delivery Schedule which are described in SECTION C of this contract.

b. Deliveries required by the Contractor shall be made F.o.b. origin as set forth in FAR Clause 52.247-29, F.o.b.

Origin (February 2006) and any specifications stated in SECTION D, PACKAGING AND MARKING AND SHIPPING, of this contract to the address/addressee as provided in the record of call / delivery order.

c. Unless otherwise specified, deliveries shall be made to the Delivery Point specified in the record of call / delivery order Mondays through Fridays (excluding Federal Holidays) between the hours of 8:30 a.m. and 5:00 p.m. EST only. Supplies scheduled for delivery on a Federal holiday shall be made the following day.

ARTICLE F.3. TIME OF DELIVERY

a. The Government requires delivery of the reagents, consumables, and miscellaneous sequencing parts within 30 calendar days after Receipt of each record of call / delivery order.

b. The Contractor may propose a delivery schedule which is earlier than required above. If the Contractor does not propose a different delivery schedule, the Government's desired delivery schedule shall apply.

c. Proposed Delivery Schedule: Delivery of the reagents, consumables, and miscellaneous sequencing parts within calendar days after Receipt of each record of call / delivery order.

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: http://www.acquisition.gov/comp/far/index.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSE:

52.242-15, Stop Work Order (August 1989)

52.242-17, Government Delay of Work (April 1984).

http://www.acquisition.gov/comp/far/index.html

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SECTION G - CONTRACT ADMINISTRATION DATA

ARTICLE G.1. CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE (COTR)

The following Contracting Officer's Technical Representative (COTR) will represent the Government for the purpose of this contract:

"To be specified at time of award."

The COTR 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; or (5) otherwise change any terms and conditions of this contract.

The Government may unilaterally change its COTR designation.

ARTICLE G.2. METHOD OF ORDERING

a. A Record of Call / Delivery Order Number shall be given to you at the time the order is placed. The Contractor is cautioned not to accept an order without the Record of Call / Delivery Order Number.

b. The Consignees/Ordering Officials shall sign all orders (including written confirmation of oral/telephonic orders) involving requests for supplies and/or services under this contract.

c. The Consignees/Ordering Officials shall fax or email a signed copy of the Record of Call / Delivery Order to the Contractor within twenty-four (24) hours of order placement.

d. Each delivery mustl be accompanied by a packing slip or other evidence of delivery/performance.

The authorized designees are:

"TO BE COMPLETED AT TIME OF AWARD."

The following Contractor representative(s) is/are authorized to receive and accept orders placed by telephone:

Name(s):

"TO BE COMPLETED AT TIME OF AWARD."

Telephone:

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ARTICLE G.3. INVOICE SUBMISSION

a. Invoice Instructions for NIH Fixed-Price Type Contracts, NIH(RC)-2, 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.

1. Payment requests shall be submitted to the offices identified below.

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 (1) copy of the invoice shall be submitted to the Consignee / Ordering Official as specified in the record of call / delivery order. The Consignee / Ordering Official will specify in the record of call / delivery order: (1) name of the Ordering Official; (2) name of the ordering Institute / Center; (3) street address; (4) building number; (5) room number; (6) mail stop code;

(7) city; (8) state; (9) zip code; (10) email address; and (11) telephone number.

c. One (1) copy of the invoice shall be submitted electronically to the Contract Specialist as specified below:

_______________ Contract Specialist

E-mail: [ TBD ]

National Heart, Lung, and Blood Institute DERA, OA, Procurement Branch 6701 Rockledge Drive Building RKL2, Suite 6042, MSC 7902 Bethesda, MD 20892-7902

One (1) copy of the invoice shall be submitted electronically to the Approving Official at the e-mail address as specified in the delivery order.

E-Mail: As specified in the delivery order.

The Contractor shall submit an electronic copy of the payment request to the approving official instead of a paper copy. The payment request shall be transmitted as an attachment via e-mail to the address listed above in one of the following formats: MSWord, MS Excel, or Adobe Portable Document Format (PDF). Only one payment request shall be submitted per e-mail and the subject line of the e-mail shall include the Contractor's name, contract number, and unique invoice number.

[Note: The original payment request must still be submitted in hard copy and mailed to the designated billing office to meet the requirements of a "proper invoice."]

b. Inquiries regarding payment of invoices shall be directed to the designated billing office, (301) 496-6088.

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ARTICLE G.4. 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) shall be submitted Annually .

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 that have Internet capability may access evaluations through a secure Web site for review and comment by completing the registration form that can be obtained at the following address:

http://oamp.od.nih.gov/OD/CPS/cps.asp

The registration process requires the Contractor to identify an individual that will serve as a primary contact and who will be authorized access to the evaluation for review and comment. In addition, the Contractor will be required to identify an alternate contact who will be responsible for notifying the cognizant contracting official in the event the primary contact is unavailable to process the evaluation within the required 30-day time frame.

http://oamp.od.nih.gov/OD/CPS/cps.asp

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SECTION H - SPECIAL CONTRACT REQUIREMENTS

ARTICLE H.1. NEEDLE DISTRIBUTION

The Contractor shall not use contract funds to distribute any needle or syringe for the purpose of preventing the spread of blood borne pathogens in any location that has been determined by authorities to be inappropriate for such distribution.

ARTICLE H.2. PRESS RELEASES

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.3. SUBCONTRACTING PROVISIONS

a. Small Business Subcontracting Plan

1. The Small Business Subcontracting Plan, dated is attached hereto and made a part of this contract.

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:

Contracting Officer http://www.esrs.gov/

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ARTICLE H.4. ELECTRONIC AND INFORMATION TECHNOLOGY ACCESSIBILITY (January 2008)

Pursuant to Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), as amended by the Workforce Investment Act of 1998, all electronic and information technology (EIT) products and services developed, acquired, maintained, and/or used under this contract/order must comply with the "Electronic and Information Technology Accessibility Provisions" set forth by the Architectural and Transportation Barriers Compliance Board (also referred to as the "Access Board") in 36 CFR part 1194. Information about Section 508 provisions is available at http://www.hhs.gov/

od. The complete text of Section 508 Final provisions can be accessed at http://www.access-board.gov/sec508/ provisions.htm.

The Section 508 standards applicable to this contract/order are identified in the Statement of Work. The contractor must provide a written Section 508 conformance certification due at the end of each order/contract exceeding $100,000 when the order/contract duration is one year or less. If it is determined by the Government that EIT products and services provided by the Contractor do not conform to the described accessibility in the Product Assessment Template, remediation of the products and/or services to the level of conformance specified in the vendor's Product Assessment Template will be the responsibility of the Contractor at its own expense.

In the event of a modification(s) to the contract/order, which adds new EIT products and services or revised the type of, or specifications for, products and services the Contractor is to provide, including EIT deliverables such as electronic documents and reports, the Contracting Officer may require that the contractor submit a completed HHS Section 508 Product Assessment Template to assist the Government in determining that the EIT products and services support Section 508 accessibility requirements. Instructions for documenting accessibility via the HHS Section 508 Product Assessment Template may be found at http://www.hhs.gov/od/vendors/index.html.

[(End of HHSAR 352.270-19(b)]

Prior to the Contracting Officer exercising an option for a subsequent performance period/additional quantity or adding increment funding for a subsequent performance period under this contract, as applicable, the Contractor must provide a Section 508 Annual Report to the Contracting Officer and Contracting Officer's Technical Representative (COTR). Unless otherwise directed by the Contracting Officer in writing, the Contractor shall provide the cited report in accordance with the following schedule. Instructions for completing the report are available at: http://www.hhs.gov/ od under the heading Vendor Information and Documents. The Contractor's failure to submit a timely and properly completed report may jeopardize the Contracting Officer's exercising an option or adding incremental funding, as applicable.

Schedule for Contractor Submission of Section 508 Annual Report:

October 31, 2011 October 31, 2012 October 31, 2013 October 31, 2014 October 31, 2015

[End of HHSAR 352.270-19(c)]

ARTICLE H.5. REVIEW OF MANUSCRIPTS

In order to balance the oversight responsibility of the National Heart, Lung, and Blood Institute (NHLBI) with the authorization provided the Contractor by the Rights in Data clause of this contract, the NHLBI has established a process to review manuscripts produced under this contract. Please note that the NHLBI does not require contractors to seek the Institute's approval of manuscripts.

http://www.hhs.gov/od http://www.hhs.gov/od http://www.access-board.gov/sec508/provisions.htm http://www.access-board.gov/sec508/provisions.htm http://www.hhs.gov/od/vendors/index.html http://www.hhs.gov/od http://www.hhs.gov/od

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In order to have sufficient time to conduct a meaningful review, please provide to the Institute's Contracting Officer's Technical Representative (COTR) and Contracting Officer advance notice of intent to submit a manuscript for publication at least 45 days prior to submission to the publisher. The advance notice should briefly describe the plans for publication of the manuscript. Concurrently or as soon as possible following this notice, provide a copy of the manuscript to the COTR.

Any comments from the NHLBI will be provided in writing within 15 days after receipt of the manuscript by the COTR.

Comments expressed by the NHLBI about the manuscript shall not be a cause for action under the Disputes clause of the contract by either NHLBI or the Contractor, since the NHLBI does not approve manuscripts and draft manuscripts are not contract deliverables.

ARTICLE H.6. TASK ORDER/DELIVERY ORDER CONTRACT OMBUDSMAN

In accordance with FAR 16.505(b)(5), the following individual has been designated as the NIH Ombudsman for task order and delivery order contracts.

Dr. Richard G. Wyatt

NIH Competition Advocate

1 Center Drive, Room 160, MSC 0151

Phone: (301) 496-4920

FAX: (301) 402-4273

e-mail: WyattRG@mail.nih.gov

ARTICLE H.7. REPORTING MATTERS INVOLVING FRAUD, WASTE AND ABUSE

Anyone who becomes aware of the existence or apparent existence of fraud, waste and abuse in NIH funded programs is encouraged to report such matters to the HHS Inspector General's Office in writing or on the Inspector General's Hotline. The toll free number is 1-800-HHS-TIPS (1-800-447-8477). All telephone calls will be handled confidentially. The e-mail address is Htips@os.dhhs.gov and the mailing address is:

Office of Inspector General Department of Health and Human Services

TIPS HOTLINE

P.O. Box 23489 Washington, D.C. 20026

ARTICLE H.8. YEAR 2000 COMPLIANCE

In accordance with FAR 39.106, Information Technology acquired under this contract must be Year 2000 compliant as set forth in the following clause(s):

1. Service Involving the Use of Information Technology

YEAR 2000 COMPLIANCE--SERVICE INVOLVING THE USE OF INFORMATION TECHNOLOGY

The Contractor agrees that each item of hardware, software, and firmware used under this contract shall be able to accurately process date data (including, but not limited to, calculating, comparing and sequencing) from, into and between the twentieth and twenty-first centuries and the Year 1999 and the Year 2000 and leap year calculations.

(End of Clause) mailto:WyattRG@mail.nih.gov mailto:Htips@os.dhhs.gov

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PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

THE FOLLOWING ARTICLE I.1. GENERAL CLAUSE LISTING(S) WILL BE APPLICABLE TO MOST CONTRACTS

RESULTING FROM THIS RFP. HOWEVER, THE ORGANIZATIONAL STRUCTURE OF THE SUCCESSFUL

OFFEROR(S) WILL DETERMINE THE SPECIFIC GENERAL CLAUSE LISTING TO BE CONTAINED IN THE

CONTRACT(S) AWARDED FROM THIS RFP:

The complete listing of these clauses may be accessed at:

http://rcb.cancer.gov/rcb-internet/appl/general-clauses/clausesDGS.jsp

The General Clauses for Negotiated Fixed-Price Supply Contracts is attached. Two (2) Pages

ARTICLE I.1. General Clauses for a Negotiated Fixed-Price Supply Contract http://rcb.cancer.gov/rcb-internet/appl/general-clauses/clausesDGS.jsp

Negotiated Fixed-Price Supply Contract Reg Clause Date Clause Title

FAR 52.202-1 Jul 2004 Definitions (Over $100,000) FAR 52.203-3 Apr 1984 Gratuities (Over $100,000) FAR 52.203-5 Apr 1984 Covenant Against Contingent Fees (Over $100,000) FAR 52.203-6 Sep 2006 Restrictions on Subcontractor Sales to the Government (Over $100,000) FAR 52.203-7 Jul 1995 Anti-Kickback Procedures (Over $100,000)

FAR 52.203-8 Jan 1997 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (Over $100,000)

FAR 52.203-10 Jan 1997 Price or Fee Adjustment for Illegal or Improper Activity (Over $100,000) FAR 52.203-12 Sep 2007 Limitation on Payments to Influence Certain Federal Transactions (Over $100,000) FAR 52.204-4 Aug 2000 Printed or Copied Double-Sided on Recycled Paper (Over $100,000) FAR 52.204-7 Apr 2008 Central Contractor Registration

FAR 52.209-6 Sep 2006 Protecting the Government's Interests When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment (Over $30,000)

FAR 52.211-5 Aug 2000 Material Requirements

FAR 52.215-2 Mar 2009 Audit and Records - Negotiation [Note: Applies to ALL contracts funded in whole or in part with Recovery Act funds, regardless of dollar value, AND contracts over $100,000 funded exclusively with non-Recovery Act funds.]

FAR 52.215-8 Oct 1997 Order of Precedence - Uniform Contract Format FAR 52.215-10 Oct 1997 Price Reduction for Defective Cost or Pricing Data (Over $650,000) FAR 52.215-12 Oct 1997 Subcontractor Cost or Pricing Data (Over $650,000) FAR 52.215-14 Oct 1997 Integrity of Unit Prices (Over $100,000) FAR 52.215-15 Oct 2004 Pension Adjustments and Asset Reversions

FAR 52.215-18 Jul 2005 Reversion or Adjustment of Plans for Post-Retirement Benefits (PRB) other than Pensions

FAR 52.215-19 Oct 1997 Notification of Ownership Changes

FAR 52.215-21 Oct 1997 Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data - Modifications

FAR 52.219-8 May 2004 Utilization of Small Business Concerns (Over $100,000) FAR 52.219-9 Apr 2008 Small Business Subcontracting Plan (Over $550,000, $1,000,000 for Construction) FAR 52.219-16 Jan 1999 Liquidated Damages - Subcontracting Plan (Over $550,000, $1,000,000 for Construction) FAR 52.222-19 Aug 2009 Child Labor--Cooperation with Authorities and Remedies FAR 52.222-20 Dec 1996 Walsh-Healey Public Contracts Act FAR 52.222-21 Feb 1999 Prohibition of Segregated Facilities FAR 52.222-26 Mar 2007 Equal Opportunity

FAR 52.222-35 Sep 2006 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Over $100,000)

FAR 52.222-36 Jun 1998 Affirmative Action for Workers with Disabilities

FAR 52.222-37 Sep 2006 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Over $100,000)

FAR 52.222-50 Feb 2009 Combating Trafficking in Persons FAR 52.222-54 Jan 2009 Employment Eligibility Verification (Over $100,000) FAR 52.223-6 May 2001 Drug-Free Workplace FAR 52.223-14 Aug 2003 Toxic Chemical Release Reporting (Over $100,000) FAR 52.225-1 Feb 2009 Buy American Act - Supplies FAR 52.225-13 Jun 2008 Restrictions on Certain Foreign Purchases FAR 52.227-1 Dec 2007 Authorization and Consent FAR 52.227-2 Dec 2007 Notice and Assistance Regarding Patent and Copyright Infringement FAR 52.229-3 Apr 2003 Federal, State and Local Taxes (Over $100,000)

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FAR 52.232-1 Apr 1984 Payments FAR 52.232-8 Feb 2002 Discounts for Prompt Payment FAR 52.232-9 Apr 1984 Limitation on Withholding of Payments FAR 52.232-11 Apr 1984 Extras FAR 52.232-17 Oct 2008 Interest (Over $100,000) FAR 52.232-23 Jan 1986 Assignment of Claims FAR 52.232-25 Oct 2008 Prompt Payment FAR 52.232-33 Oct 2003 Payment by Electronic Funds Transfer--Central Contractor Registration FAR 52.233-1 Jul 2002 Disputes FAR 52.233-3 Aug 1996 Protest After Award FAR 52.233-4 Oct 2004 Applicable Law for Breach of Contract Claim FAR 52.242-13 Jul 1995 Bankruptcy (Over $100,000) FAR 52.243-1 Aug 1987 Changes - Fixed-Price FAR 52.244-6 Dec 2009 Subcontracts for Commercial Items FAR 52.249-2 May 2004 Termination for the Convenience of the Government (Fixed-Price) FAR 52.249-8 Apr 1984 Default (Fixed-Price Supply and Service)(Over $100,000) FAR 52.253-1 Jan 1991 Computer Generated Forms HHSAR 352.202-1 Jan 2006 Definitions HHSAR 352.232-9 Jan 2006 Withholding of Contract Payments HHSAR 352.270-4 Jan 2001 Pricing of Adjustments HHSAR 352.270-5 Jan 2006 Key Personnel HHSAR 352.270-6 Jan 2006 Publications and Publicity HHSAR 352.270-10 Jan 2006 Anti-Lobbying (Over $100,000)

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ARTICLE I.2. AUTHORIZED SUBSTITUTIONS OF CLAUSES

Any authorized substitutions and/or modifications other than the General Clauses which will be based on the type of contract/Contractor will be determined during negotiations.

It is expected that the following substitution(s) will be made part of the resultant contract:

a. Alternate IV (October 1997) of FAR Clause 52.215-21, Requirements For Cost Or Pricing Data Or Information Other Than Cost Or Pricing Data--Modifications (October 1997) is added.

b. Alternate II (October 2001) of FAR Clause 52.219-9, Small Business Subcontracting Plan (April 2008) is added.

c. FAR Clause 52.225-1, Buy American Act--Supplies (June 2003) is deleted in its entirety and FAR Clause 52.225-5, Trade Agreements (August 2009) is substituted therefor.

d. Alternate I (February 2002), of FAR Clause 52.232-25, Prompt Payment (October 2008) is deleted.

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ARTICLE I.3. ADDITIONAL CONTRACT CLAUSES

Additional clauses other than those listed below which are based on the type of contract/Contractor shall be determined during negotiations. Any contract awarded from this solicitation will contain the following:

This contract incorporates the following clauses by reference, (unless otherwise noted), with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

a. FEDERAL ACQUISITION REGULATION (FAR) (48 CFR CHAPTER 1) CLAUSES

1. FAR Clause 52.203-13, Contractor Code of Business Ethics and Conduct (December 2008).

2. FAR Clause 52.203-14, Display of Hotline Poster(s) (December 2007).

".....(3) Any required posters may be obtained as follows:

Poster(s) Obtain From"

HHS Contractor Code of Ethics and Business Conduct Poster http://www.oig.hhs.gov/fraud/ hotline/OIG_Hotline_Poster.pdf

3. FAR Clause 52.216-18, Ordering (October 1995).

"(a) ....Such orders may be issued from September 1, 2010 through August 31, 2015.

4. FAR Clause 52.216-21, Requirements (October 1995).

"(f) ...the Contractor shall not be required to make any deliveries under this contract after September 30, 2015...."

5. FAR Clause 52.217-2, Cancellation Under Multiyear Contracts (October 1997).

6. FAR Clause 52.219-28, Post-Award Small Business Program Rerepresentation (April 2009).

7. FAR Clause 52.230-2, Cost Accounting Standards (October 2008).

8. FAR Clause 52.230-3, Disclosure and Consistency of Cost Accounting Practices (October 2008).

9. FAR Clause 52.230-6, Administration of Cost Accounting Standards (March 2008).

10. FAR Clause 52.232-19, Availability of Funds for the Next Fiscal Year (April 1984).

"Funds are not presently available for performance under this contract beyond September 30, 2010."

"...No legal liability on the part of the Government for any payment may arise for performance under this contract beyond September 30, 2010..."

http://www.oig.hhs.gov/fraud/hotline/OIG_Hotline_Poster.pdf http://www.oig.hhs.gov/fraud/hotline/OIG_Hotline_Poster.pdf

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11. FAR Clause 52.244-5, Competition in Subcontracting (December 1996).

b. DEPARTMENT OF HEALTH AND HUMAN SERVICES ACQUISITION REGULATION (HHSAR) (48 CHAPTER

3) CLAUSES:

1. THERE ARE NO APPLICABLE CLAUSES IN THIS SECTION.

c. NATIONAL INSTITUTES OF HEALTH (NIH) RESEARCH CONTRACTING (RC) CLAUSES:

The following clauses are attached and made a part of this contract:

1. NIH (RC)-7, Procurement of Certain Equipment (April 1984).

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ARTICLE I.4. ADDITIONAL FAR CONTRACT CLAUSES INCLUDED IN FULL TEXT

Additional clauses other than those listed below which are based on the type of contract/Contractor shall be determined during negotiations. Any contract awarded from this solicitation will contain the following:

This contract incorporates the following clauses in full text.

FEDERAL ACQUISITION REGULATION (FAR)(48 CFR CHAPTER 1) CLAUSES:

a. FAR Clause 52.216-19, Order Limitations (October 1995)

(a) Minimum Order. When the Government requires supplies or services covered by this contract in an amount of less than One (1) item , the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum Order. The Contractor is not obligated to honor--

(1) Any order for a single item in excess of the total contract amount.

(2) Any order for a combination of items in excess of the total contract amount; or

(3) A series of orders from the same ordering office within 5 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph

(b) above.

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

b. FAR Clause 52.216-5 Price Redetermination - Prospective (Oct 1997)

(a) General. The unit prices and the total price stated in this contract shall be periodically redetermined in accordance with this clause, except that-

(1) The prices for supplies delivered and services performed before the first effective date of price redetermination (see paragraph (c) of this clause) shall remain fixed; and

(2) In no event shall the total amount paid under this contract exceed any ceiling price included in the contract.

(b) Definition. "Costs," as used in this clause, means allowable costs in accordance with Part 31 of the Federal Acquisition Regulation (FAR) in effect on the date of this contract.

(c) Price redetermination periods. For the purpose of price redetermination, performance of this contract is divided into successive periods. The first period shall extend from the date of the contract to August 31, 2011 , (see Note (1)) and the second and each succeeding period shall extend for twelve (12) months from the end of the last preceding period, except that the parties may agree to vary the length of the final period. The first day of the second and each succeeding period shall be the effective date of price redetermination for that period.

(d) Data submission.

(1) Not more than sixty (60) nor less than thirty (30) (see Note (2)) days before the end of each redetermination period, except the last, the Contractor shall submit-

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(i) Proposed prices for supplies that may be delivered or services that may be performed in the next succeeding period, and- (A) An estimate and breakdown of the costs of these supplies or services in the format of Table 15-2, FAR 15.408, or in any other form on which the parties may agree;

(B) Sufficient data to support the accuracy and reliability of this estimate; and

(C) An explanation of the differences between this estimate and the original (or last preceding) estimate for the same supplies or services; and

(ii) A statement of all costs incurred in performing this contract through the end of the first (1st) month (see Note (3)) before the submission of proposed prices in the format of Table 15-2, FAR 15.408 (or in any other form on which the parties may agree), with sufficient supporting data to disclose unit costs and cost trends for-

(A) Supplies delivered and services performed; and

(B) Inventories of work in process and undelivered contract supplies on hand (estimated to the extent necessary).

(2) The Contractor shall also submit, to the extent that it becomes available before negotiations on redetermined prices are concluded-

(i) Supplemental statements of costs incurred after the date stated in subdivision (d)(1)(ii) of this section for-

(A) Supplies delivered and services performed; and

(B) Inventories of work in process and undelivered contract supplies on hand (estimated to the extent necessary); and

(ii) Any other relevant data that the Contracting Officer may reasonably require.

(3) If the Contractor fails to submit the data required by paragraphs (d)(1) and (2) of this section, within the time specified, the Contracting Officer may suspend payments under this contract until the data are furnished. If it is later determined that the Government has overpaid the Contractor, the Contractor shall repay the excess to the Government immediately. Unless repaid within 30 days after the end of the data submittal period, the amount of the excess shall bear interest, computed from the date the data were due to the date of repayment, at the rate established in accordance with the Interest clause.

(e) Price redetermination. Upon the Contracting Officer's receipt of the data required by paragraph (d) of this section, the Contracting Officer and the Contractor shall promptly negotiate to redetermine fair and reasonable prices for supplies that may be delivered or services that may be performed in the period following the effective date of price redetermination.

(f) Contract modifications. Each negotiated redetermination of prices shall be evidenced by a modification to this contract, signed by the Contractor and the Contracting Officer, stating the redetermined prices that apply during the redetermination period.

(g) Adjusting billing prices. Pending execution of the contract modification (see paragraph (f) of this section), the Contractor shall submit invoices or vouchers in accordance with the billing prices stated in this contract. If at any time it appears that the then-current billing prices will be substantially greater than the estimated final prices, or if the Contractor submits data showing that the redetermined price will be substantially greater than the current billing prices, the parties shall negotiate an appropriate decrease or increase in billing prices. Any billing price adjustment shall be reflected in a contract modification and shall not affect the redetermination of prices under this clause. After the contract modification for price redetermination is executed, the total amount paid or to be paid on all invoices or vouchers shall be adjusted to reflect the agreed-upon prices, and any requested additional payments, refunds, or credits shall be made promptly.

(h) Quarterly limitation on payments statement. This paragraph (h) applies only during periods for which firm prices have not been established.

(1) Within 45 days after the end of the quarter of the Contractor's fiscal year in which a delivery is first made (or services are first performed) and accepted by the Government under this contract, and for each quarter thereafter, the Contractor shall submit to the contract administration office (with a copy to the contracting office and the cognizant contract auditor) a statement, cumulative from the beginning of the contract, showing-

(i) The total contract price of all supplies delivered (or services performed) and accepted by the Government and for which final prices have been established;

(ii) The total costs (estimated to the extent necessary) reasonably incurred for, and properly allocable solely to, the supplies delivered (or services performed) and accepted by the Government and for which final prices have not been established;

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(iii) The portion of the total interim profit (used in establishing the initial contract price or agreed to for the purpose of this paragraph (h)) that is in direct proportion to the supplies delivered (or services performed) and accepted by the Government and for which final prices have not been established; and

(iv) The total amount of all invoices or vouchers for supplies delivered (or services performed) and accepted by the Government (including amounts applied or to be applied to liquidate progress payments).

(2) The statement required by paragraph (h)(1) of this section need not be submitted for any quarter for which either no costs are to be reported under subdivision (h)(1)(ii) of this section, or revised billing prices have been established in accordance with paragraph (g) of this section, and do not exceed the existing contract price, the Contractor's price-redetermination proposal, or a price based on the most recent quarterly statement, whichever is least.

(3) Notwithstanding any provision of this contract authorizing greater payments, if on any quarterly statement the amount under subdivision (h)(1)(iv) of this section exceeds the sum due the Contractor, as computed in accordance with subdivisions (h)(1)(i), (ii), and (iii) of this section, the Contractor shall immediately refund or credit to the Government the amount of this excess. The Contractor may, when appropriate, reduce this refund or credit by the amount of any applicable tax credits due the Contractor under 26 U.S.C. 1481 and by the amount of previous refunds or credits affected under this clause. If any portion of the excess has been applied to the liquidation of progress payments, then that portion may, instead of being refunded, be added to the unliquidated progress payment account, consistent with the Progress Payments clause. The Contractor shall provide complete details to support any claimed reductions in refunds.

(4) If the Contractor fails to submit the quarterly statement within 45 days after the end of each quarter and it is later determined that the Government has overpaid the Contractor, the Contractor shall repay the excess to the Government immediately. Unless repaid within 30 days after the end of the statement submittal period, the amount of the excess shall bear interest, computed from the date the quarterly statement was due to the date of repayment, at the rate established in accordance with the Interest clause.

(i) Subcontracts. No subcontract placed under this contract may provide for payment on a cost-plus-a-percentage-of-cost basis.

(j) Disagreements. If the Contractor and the Contracting Officer fail to agree upon redetermined prices for any price redetermination period within 60 days (or within such other period as the parties agree) after the date on which the data required by paragraph (d) of this section are to be submitted, the Contracting Officer shall promptly issue a decision in accordance with the Disputes clause. For the purpose of paragraphs (f), (g), and (h) of this section, and pending final settlement of the disagreement on appeal, by failure to appeal, or by agreement, this decision shall be treated as an executed contract modification. Pending final settlement, price redetermination for subsequent periods, if any, shall continue to be negotiated as provided in this clause.

(k) Termination. If this contract is terminated, prices shall continue to be established in accordance with this clause for (1) completed supplies and services accepted by the Government and (2) those supplies and services not terminated under a partial termination. All other elements of the termination shall be resolved in accordance with other applicable clauses of this contract.

(End of clause)

Notes:

(1) Express in terms of units delivered, or as a date; but in either case the period should end on the last day of a month.

(2) Insert the number of days chosen so that the Contractor's submission will be late enough to reflect recent cost experience (taking into account the Contractor's accounting system), but early enough to permit review, audit (if necessary), and negotiation before the start of the prospective period.

(3) Insert "first," except that "second" may be inserted if necessary to achieve compatibility with the Contractor's accounting system.

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PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS

The following documents are attached and incorporated into this RFP:

SOLICITATION ATTACHMENTS

Attachment No. Title Location

Attachment 1: Packaging and Delivery of Proposal (Non R & D)

Attached, One (1) Page

Attachment 2: Statement of Work Attached, Five (5) Pages

TECHNICAL PROPOSAL ATTACHMENTS

Attachment No. Title Location

Attachment 3: Summary of Related Activities Attached, One (1) Page

BUSINESS PROPOSAL ATTACHMENTS

Attachment No. Title Location

Attachment 4: Proposal Summary and Data Record, NIH-2043

Attached, Two (2) Pages

Attachment 5: Small Business Subcontracting Plan Attached, Eleven (11) Pages

Attachment 6: Offeror's Points of Contact Attached, One (1) Page

Attachment 7: Disclosure of…