NIEHS2011127-Glassware-Media.pdf

NIH/National Institute of Environmental Health Sciences (NIEHS)

Solicitation No: NIEHS2011127 Date Issued: March 29, 2011

Due Date: WEDNESDAY, APRIL 27, 2011 by 4:00 pm edt

Issued by: Deitra C. Lunney, Contract Specialist Email: lunney@niehs.nih.gov Telephone: 919-541-0387

Courier/Overnight Delivery USPS Mail Delivery NIH/NIEHS/Office of Acquisitions NIH/NIEHS Attn: Deitra Lunney Attn: Deitra Lunney Keystone Office Bldg., Rm. 1045 Office of Acquisitions 530 Davis Drive P.O. Box 12874, MD K1-04 Morrisville, NC 27560 Research Triangle Park, NC 27709

Goods/Services to be purchased: Glassware Services and Media Preparation

The NIEHS intends to acquire Glassware Services and Media Preparation Services to commence on June 1, 2011 for a base year and four (4) option periods. Services are to be provided on-site in a Government owned facility per the performance statement. Award will be a firm-fixed price contract.

Place of Performance:

NIEHS, Bldg. 101, South Campus, 111 TW Alexander Drive, Research Triangle Park, NC 27709

NOTICES:

1. This is a Combined Synopsis/Solicitation.

2. Notice of Total Small Business Set-Aside Solicitation.

Responses are solicited from small businesses only.

The NAICS Code is 561210 with a Size Standard of $35.5 Million.

3. Current employees under existing contract are covered by a Collective Bargaining Agreement.

A SCA Wage Determination # CBA-2006-624, Rev. 4 with the Industrial Technical & Professional Employees Union, AFL-CIO Local 4873 is applicable to this requirement. A copy of the current CBA is included as Attachment VII.

4. There will be a Pre-Proposal Conference/Site Visit.

See Section III, Pg 2 and Section IX, Item 7, Page 26 for information regarding the conference/site visit.

5. Any questions regarding this announcement must be submitted in writing no later than Friday, April 8, 2011 by 4:30 pm edt to Deitra Lunney via email at lunney@niehs.nih.gov.

mailto:lunney@niehs.nih.gov�

I. Combined Synopsis Solicitation.

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. This solicitation is issued as a Request for Quotations (RFQ) under NIEHS2011127. This solicitation document incorporates all mandatory commercial item provisions and clauses that are in effect through Federal Acquisition Circular (FAC) 2005-50 dated March 16, 2011.

TOTAL SMALL BUSINESS SET-ASIDE. NAICS Code/Size: 561210/$35.5 Million

II. Instructions:

For any questions regarding this announcement or requests for additional information must be submitted in writing to Deitra Lunney via email at lunney@niehs.nih.gov. Notification of any changes shall be made only via the FedBizOpps solicitation posting site. Quotations submitted in response to this notice shall include the solicitation number, DUNS and Tax ID/Employer Identification Numbers, payment terms, and be signed, dated and submitted to an address shown on page 1 of this RFQ. Vendors not registered in the Central Contractor Registration (CCR) database at the time the requirement is to be awarded will not be considered. Vendors may register with CCR by calling 1-888-227-2423 or (269) 961-5757, or by accessing www.ccr.gov.

FAR 52.212-3, Offeror Representations and Certifications-Commercial Items (MAR 2011) is included by reference (full text is available electronically at http://www.acquisition.gov/far. A completed copy of this provision must be included with response. Offeror shall complete only paragraph (j) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (b) through (i) of this provision.

III. Pre-Proposal Conference/Site Visit A pre-proposal conference and site visit in scheduled for Thursday, April 7, 2011 at 2:00 pm edt at NIEHS, Research Triangle Park, NC. Interested parties must register in advance by written notification via email to Deitra Lunney at lunney@niehs.nih.gov no later than Wednesday, April 6, 2011 by 3:00 pm edt.

See Section IX, Item 3, Page 26 for additional information.

IV. Basis for Award:

The Government intends to award an order resulting from this solicitation to the responsible offeror whose quotation represents the best value after evaluation in accordance with the factors in the solicitation. Factors are listed in Section IX, Item 8, Pages 27 and 28.

http://www.acquisition.gov/far�

V. Supplies, Services, and Prices

Furnish and deliver, as required by the National Institute of Environmental Health Sciences, at the following fixed price(s):

Description of Services

Provide Glassware Services and Media Preparation per the Statement of Work (Pages 4-8)

Unit Extended

Items Quantity Unit Price Price

1. Base Year - June 1, 2011 through May 31, 2012:

Glassware Services 12 Mo _________ _____________ Media Preparation Services 12 Mo _________ _____________

2. 1st Option Year - June 1, 2012 through May 31, 2013

Glassware/Media Services 12 Mo _________ ______________ Media Preparation Services 12 Mo _________ ______________

3. 2nd Option Year - June 1, 2013 through May 31, 2014

Glassware/Media Services 12 Mo __________ ______________ Media Preparation Services 12 Mo __________ ______________

4. 3rd Option Year - June 1, 2014 through May 31, 2015

Glassware/Media Services 12 Mo __________ _____________ Media Preparation Services 12 Mo __________ _____________

5. 4th Option Year - June 1, 2015 through May 31, 2016

Glassware/Media Services 12 Mo ___________ _____________ Media Preparation Services 12 Mo ___________ _____________

TOTAL (Base & Options): $ ______________________

Performance Location:

NIEHS

Bldg. 101, South Campus 111 TW Alexander Drive Research Triangle Park, NC 27709

PERFORMANCE STATEMENT OF WORK

SERVICES FOR CENTRALIZED GLASSWARE AND MEDIA PROCESSING

I. Introduction and Background

The National Institute of Environmental Health Sciences (NIEHS), located in the Research Triangle Park, North Carolina, is one of the 21 Institutes composing the National Institutes of Health. The mission of NIEHS is dedicated to reducing the burden of diseases and dysfunctions associated with the environment. This mission is accomplished by conducting basic and applied research into the effects of environmental exposures on biological systems and human health, on the identification of susceptible human subpopulations and on the interaction between the environment, genetics and age.

A. Objective

This contract shall provide qualified personnel for the preparation of biological media, tissue cultures, and “buffers”, as well as washing, sterilizing, and issuance of glassware as required at the National Institute of Environmental Health Sciences (NIEHS), Research Triangle Park, North Carolina.

B. General Requirements

Independently, and not as an agent of the Government, the Contractor shall exert its best efforts to furnish all necessary services and qualified technical personnel, not otherwise provided by the Government.

Collection, cleaning, sterilization, and restocking service shall be provided by the Contractor for Government-owned glassware listed in Attachment I. In addition, the Contractor shall provide restocking service for disposable plastic ware items also listed in Attachment I. The Contractor shall also provide service to prepare sterile custom media using Government-furnished chemicals and media supplies.

C. Contractor Requirements

The Contractor shall provide trained personnel with experience in preparation of sterile custom media and sterile laboratory glassware. All workmanship performed by the Contractor shall be of acceptable industry standard quality and shall be immediately rectified at no additional cost to the Government upon notification of non-acceptability by the Government. In addition, the Contractor shall observe commercially accepted safety and precautionary procedures pertaining to handling of laboratory equipment, biological and chemical materials. The Contractor shall provide and require its employees to use appropriate personal protective equipment (i.e. safety glasses, uniforms, safety shoes, respiratory protection, etc.).

The Contractor shall be responsible for safeguarding all Government property as listed in Attachment VI that will be provided for use by the Contractor under this contract. The Contractor shall be held responsible for the cost of any repairs caused by negligence and abuse on their part. All Contract personnel must observe all regulations in effect at NIEHS.

D. Past History

The previous Contractor provided an experienced on-site staff including an on-site working Project Manager to provide the required services. Attachment II describes the types of glassware with approximate monthly totals cleaned and describes the types of media in various size containers with approximate monthly totals prepared during the period October 2007 through September 2009. In addition a sample list of standard order media products has been provided as Attachment III and several examples of standard media recipes are provided in Attachment IV.

E. Government Responsibilities

The Government is responsible for providing all equipment, facilities, laboratory space, office space, materials and supplies needed for the Contractor to provide the required services. The Contracting Officer's Technical Representative (COTR) will ensure that the service personnel have recognizable identification badges to gain access to the NIEHS facility. The COTR will place orders for all Government-furnished supplies and equipment.

F. Reporting Requirements and Deliverables

The Contractor must deliver the desired outcomes stated according to the performance standards noted in the Quality Assurance Plan. The Contractor must provide monthly usage reports and occasionally some service reports to the COTR on an ad-hoc basis.

G. Definitions

The definitions listed below are the special terms and phrases used in this Work Statement or elsewhere in this contract document. For the purpose of the contract, all definitions will apply throughout.

1. Autoclave – An apparatus (machine) that sterilizes using live steam at high pressure and high temperatures.

2. Contamination/Contaminated – Items that have been in contact with potentially hazardous chemicals, radioisotopes, or biological materials.

3. Disposable Glassware – Non-reusable container made of glass.

4. Disposable Plastic – Non-reusable container made of plastic.

5. Fly Media Bottles – Glass bottles that contain media used to propagate colonies of flies.

6. Glassware – Any reusable container that is made of glass.

7. Hazardous Material/Hazardous Waste – Chemicals, radioisotopes, or biological materials with the potential for causing harmful biological effects either acutely or chronically in humans or animals.

8. Medium/Media – A substance/mixture in or on which organisms are cultivated or grown for scientific purposes or study.

9. MOATS – Web-based Media Ordering and Tracking System developed by the Government.

10. Quality Assurance Plan - The plan developed by the Government, specifically for this contract, to assure compliance with the contract.

11. Quality Control - Those actions taken by the Contractor to control the quality of services so that they meet the requirements of this contract.

12. Quality Control Plan - The plan developed by the Contractor, specifically for this contract, to assure compliance with the performance work statement.

13. Special Orders – Written request for specific type(s) or quantities of glassware or other miscellaneous items.

14. Sterilize – The destruction of all microorganisms by combination of physical or chemical means.

II. Specific Requirements and Tasks/Deliverables

The Contractor shall provide the following services:

A. Delivery and Pickup Services – The Contractor shall collect dirty glassware from the laboratory areas in Building 101, NIEHS South Campus at a minimum of twice per day, morning and afternoon. All collections and deliveries shall be made between the hours of 8:30 am and 5:00 pm. In addition, the Contractor shall deliver custom orders of media to the laboratory areas as requested by the scientific personnel. The Contractor shall also collect any unused portion or contaminated media from the laboratory areas in concert with the collection of used glassware.

B. Cleaning – Dirty glassware, new glassware, fly media bottles and vials, wash trays, pots, velvet cloth, caps, and tubes shall be washed, inspected, packaged, and stocked. The Contract staff shall also provide routine cleaning of the work area to include table tops, equipment, carts, floors, sinks, and general work area.

C. Stocking – Glassware, disposable items, chemicals, etc. will be delivered to the glassware and media area from the NIEHS warehouse and other outside sources. The Contractor shall receive, unpack, wash and/or stock all items and dispose of any debris in the dumpsters located in the Module E loading dock.

D. Media Preparation – The Contractor shall prepare and label complex sterile custom biological culture media and drosophila growth media as requested by the scientific staff. Requests for media are typically received throughout the day on a daily basis. Standard and custom media orders are submitted from the laboratories using the web-based Media Ordering and Tracking System (MOATS). A copy of the Standard Order Entry form has been provided as Attachment V. In addition, a list of standard order media products has been provided as Attachment III. Several examples of standard media recipes from the previous list are provided as Attachment IV.

E. Quality Assurance – The Contract personnel shall collect samples from all batches of custom media as prepared. A sample is placed in an incubator for observation and another sample is submitted to the NIEHS quality assurance lab for sterility tests. Results from the sterility tests are typically received by the COTR from the NIEHS QA lab within 24 hours. In the event that contamination is detected, the entire batch will immediately be retrieved from the lab and a new batch prepared, tested and delivered to the requestor. In addition to these QA steps required by the NIEHS, the Contractor shall develop a written Quality Control

Plan (QCP) which includes schedules, methods and results of actions taken by the Contractor to control the quality of goods or services to meet the requirements of the Performance Work Statement.

F. Reports – The contract personnel shall be responsible for tracking media orders and glassware usage.

Monthly reports shall be provided to the COTR by the tenth day of the following month. The contract personnel shall also maintain and document supplies, chemicals and glassware inventories. Lists of needed supplies shall be provided to the COTR on a weekly basis or as needed.

III. Quality Assurance, Inspection and Acceptance Criteria

The Government will monitor the Contractor performance under this contract and shall retain the right to perform unscheduled inspections, as it deems necessary. See the Performance Based Quality Assurance Plan on Page 8. Furthermore, the Government retains all rights provided by the FAR (Federal Acquisition Regulations) clause entitled Inspection of Services-Fixed Price and any other inspection clause, which may be specified in the contract.

The COTR and/or the Alternate COTR will monitor the Contractor’s activities and accomplishments and will indicate acceptance or non-acceptance of the deliverables. The deliverables identified above will be inspected and either approved or, if they are not acceptable, rejected by the COTR and/or the Alternate COTR. Such inspections will occur as determined to be necessary by the COTR and/or Alternate COTR.

Performance Based Quality Assurance Plan

Desired Outputs

Deliverable Performance Indicator

Acceptable Quality Level

Monitoring Method

Pickup and Delivery

Daily glassware and media pickup and delivery

Completion and timeliness of pickups and deliveries

95% Conformance

Random COTR Inspection and Customer Concerns

Cleaning Providing safe and efficient cleaning and sterilization service

Availability of glassware as needed by the scientific staff

98% Conformance

Random COTR Inspection and Customer Concerns

Stocking Providing routine stocking service

Availability of glassware and disposable items

95% Conformance

Random COTR Inspection and Customer Concerns

Media Preparation

Preparation of standard media orders

Media is prepared within the time specified on the MOATS order, according to the recipe, free from contamination

98% Conformance

Random COTR Inspection and Customer Concerns;

NIEHS Quality Assurance testing

Quality Assurance

Adherence to the Quality Control Plan

Service and products provided according to the Contractor QCP and Government

QAP

98% Conformance

Random COTR Inspection and Customer Concerns;

NIEHS Quality Assurance testing

Reporting Monthly Usage Reports

Prompt and accurate Service Reports

95% Conformance

Receipt of reports by COTR or Alternate

COTR

VI. Contract Clauses, Terms, Conditions and Instructions

1. Period of Performance

a. The period of performance of this contract shall be from June 1, 2011 through May 31, 2012

b. If the Government exercises its options pursuant to Contract Clauses and Provisions, Clause 6, FAR 52.217-9 Option to Extend the Term of the Contract, the period of performance will be increased as listed below:

Option Option Period

Option Period 1 June 1, 2012 through May 31, 2013 Option Period 2 June 1, 2013 through May 31, 2014 Option Period 3 June 1, 2014 through May 31, 2015 Option Period 4 June 1, 2015 through May 31, 2016

2. FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address:

http://www.acquisition.gov/far.

3. The following clauses are included by reference:

FAR 52.204-4 Printed or Copied Double-Sided on Recycled Paper (AUG 2000) FAR 52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011) FAR 52.212-4 Contract Terms & Conditions-Commercial Items (JUNE 2010) FAR 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) FAR 52.223-5 Pollution Prevention and Right-to-Know Information (AUG 2003) FAR 52.223-10 Waste Reduction Program (AUG 2000) FAR 52.228-5 Insurance – Work on a Government Installation (JAN 1997) FAR 52.236-13 Accident Prevention (NOV 1991) FAR 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984) FAR 52.237-3 Continuity of Services (JAN 1991) FAR 52.246-5 Inspection of Services-Fixed-Price (AUG 1996)

4. The following HHSAR clauses are incorporated by reference:

352.223-70 Safety and Health (JAN 2006)

5. FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items. (MAR 2011)

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

(1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)) Alternate 1 (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g))

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

(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78)

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

52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2010) (Pub. L. 109-282)(31 U.S.C.

6101 note) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (DEC 2010) (31 U.S.C. 6101 note).

52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644).

52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)).

52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

52.222-21, Prohibition of Segregated Facilities (Feb 1999).

52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other

Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

52.222-37, Employment Reports on Veterans (Sept 2010) (38 U.S.C. 4212).

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

52.222-54, Employment Eligibility Verification (JAN 2009). (Executive Order 12989).

52.223-18, Contractor Policy to Ban Text Messaging While Driving (SEP 2010) (E.O. 13513).

52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the

Office of Foreign Assets Control of the Department of the Treasury).

52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003)

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

52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

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52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

(Below is fill in information for FAR Clause 52.222-42) This statement is for information only. It is not a wage determination.

Employee Class

Monetary Wage (Hourly Rate)

Glassware Technicians 12.79 – 13.45 Media Technicians 15.60 - 16.95

52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option Contracts)

(Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).

6. FAR 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (JAN 2011)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the Central Contractor Registration database at http://www.ccr.gov.

(b)(1) The Contractor will receive notification when the Government posts new information to the Contractor’s record.

(2) The Contractor will have an opportunity to post comments regarding information that has been posted by the Government.

The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3)(i) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

(ii) As required by section 3010 of Public Law 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

(End of clause)

Alternate I (Jan 2011). As prescribed in 9.104-7(c)(2), redesignate paragraph (a) of the basic clause as paragraph (a)(1) and add the following paragraph (a)(2):

(2) At the first semi-annual update on or after April 15, 2011, the Contractor shall post again any required information that the Contractor posted prior to April 15, 2011.

7. FAR 52.217-8 Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within the performance period.

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

(a) The Government may extend the term of this contract by written notice to the Contractor within the performance period; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days

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

before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(5) years.

(End of clause)

9. Responsible Officials

1. Contracting Officer Authority for Changes

The Contracting Officer is designated on the contract face page. Only the Contracting Officer has the authority to approve any deviations from the specifications and terms of this contract. Undertakings and/or agreements relative to this contract must be taken up in writing with the Contracting Officer, and Matters handled otherwise will not be recognized as binding upon the government. The contractor shall accept no instructions which deviate from the contract if issued by any person other than the Contracting Officer.

2. Contracting Officer Technical Representative (COTR)

a) (To be completed at time of award) is hereby designated as the COTR for this contract.

b) Alternate COTR: The name of the COTR's alternate is (To be completed at time of award). The Alternate COTR has the same authority as the COTR, and may exercise that authority at the discretion of the Government, to the extent described below. All references to the COTR throughout this contract shall be construed as applying equally to the Alternate.

c) The Government may unilaterally change its COTR and/or Alternate designations.

d) The COTR will be responsible for coordinating with the contractor in administering the technical aspects of the contract. The project officer is not authorized to make any changes which affect the contract amount, terms, or conditions. Such changes shall be only by action of the Contracting Officer. Services performed under this contract shall be subject to inspection and approval by the COTR at any time.

e) The COTR is specifically responsible for:

1) Monitoring the contractor's technical progress, including the surveillance and assessment of performance;

2) Recommending to the Contracting Officer changes in requirements;

3) Advising the Contracting Officer of technical interpretations;

4) Performing technical evaluations as needed;

5) Performing technical inspections and acceptances required by this contract;

6) Consulting with the contractor relative to the resolution of technical problems encountered during performance;

7) Providing technical information to the contractor (at the option of the Government) which assists in the interpretation of drawings, specifications, or technical portions of the work description;

8) Reviewing and approving or disapproving technical reports, drawings, specifications, technical information, etc. when the contract provides that such items will be delivered by the contractor to the Government under the contract.

f) The COTR cannot authorize or direct any work or actions outside the express terms and conditions of the contract. For guidance to the contractor to be valid, it must:

1) Be consistent with the description of work set forth in this contract;

2) Not constitute new assignments of work;

3) Not constitute any change to the expressed terms, conditions, or specifications incorporated into this contract;

4) Not constitute a basis for an extension to the period of performance or contract delivery schedule;

5) Not constitute a change as defined in the contract clause entitled "Changes";

6) Not constitute a basis for any increase or decrease in the contract price, or any extension or other change to the contract delivery schedules or performance periods.

g) Contractor's Responsibility with Regard to Interaction with the COTR, Alternate, or other individuals:

Note: The following procedures shall be applicable to directions provided during the term of this contract with the exception of directions provided by Government personnel in emergency situations. Emergency situations to include only those unanticipated emergency conditions which impose a threat to the safety of individuals or have the potential for significant damage to Government property if not immediately corrected. In other words, this clause shall be applied to instructions which could be temporarily postponed and do not require immediate reaction by the contractor to insure the protection of life and/or property from extensive harm.

If, in the opinion of the contractor, any instructions, interpretations, directions, or other actions of the COTR, or Alternate, or any other individual create a condition or conditions described in item f) 1) through 6) above, or will create situations during the term of the contract which will fall within one of the categories defined in item f)1) through 6) above, the contractor shall not proceed. The contractor shall immediately notify the Contracting Officer verbally, if possible, of its concerns in this regard. The verbal notification shall be followed by a written notification to the Contracting Officer documenting the information or actions taken by the COTR, Alternate, or other individual, and the basis for the contractor's opinion that those actions, instructions, directions, or interpretations will impact on the contract terms and conditions. The written notice shall be due within five (5) working days after the receipt of the COTR's actions which stimulated the concern. The Contracting Officer will gather available information, and will determine whether or not the input actually constitutes a change or other condition prohibited by Section f)1) through 6) above. If it is determined that a change or other prohibited condition will occur, the Contracting Officer will so notify the contractor, and either negotiate and award a formal supplemental agreement, issue a change order, or cancel the directions. If the action by the COTR is not determined by the Contracting Officer to be a "change" to the existing contract's terms and conditions, the

Contracting Officer will so notify the contractor of this decision and the reasons therefore, and the contractor would be expected to immediately comply. The contractor would retain the rights provided under the "Changes" clause of this contract in the event that proper actions, as described above, are taken to notify the Contracting Officer and obtain Contracting Officer approval before proceeding with directions from any individual that are deemed to be questionable under Section f)1) through 6) above.

10. HHSAR 352.242-70 Key Personnel.

The key personnel specified in this contract are considered to be essential to work performance. At least 30 days prior to diverting any of the specified individuals to other programs or contracts (or as soon as possible, if an individual must be replaced, for example, as a result of leaving the employ of the Contractor), the Contractor shall notify the Contracting Officer and shall submit comprehensive justification for the diversion or replacement request (including proposed substitutions for key personnel) to permit evaluation by the Government of the impact on performance under this contract. The Contractor shall not divert or otherwise replace any key personnel without the written consent of the Contracting Officer. The Government may modify the contract to add or delete key personnel at the request of the contractor or Government.

The following applies to Key Personnel assigned to this contract:

Name Title

(To be completed at time of award) Project Manager

When Key Personnel have been identified in this contract, it has been determined that such named personnel are necessary for the successful performance of this contract. The contractor agrees to assign such persons to the performance of the work under this contract, and shall not assign or remove any of them without the consent of the Contracting Officer.

During the first ninety (90) days of performance, the contractor shall make no substitutions of Key Personnel unless the substitution is necessitated by illness, death, or termination of employment. The contractor shall notify the Contracting Officer immediately after the occurrence of any of these events and provide the information required by the paragraph below. After the initial ninety (90) day period, the contractor shall submit the information required by the following paragraph to the Contracting Officer at least 30 calendar days prior to making any permanent substitution.

The contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes shall have substantially equal abilities and qualifications to those of the persons being replaced. The Contracting Officer will notify the contractor within 15 calendar days after receipt of all required information of the decision or substitutions. This article will be modified to reflect any approved change of Key Personnel.

11. Hours of Operation

The contractor is responsible for estimating the personnel necessary to staff the on-site Glassware Services and Media Preparation Services. The services are to be provided during the following hours:

8:30 am to 5:00 pm Monday through Friday except on the following Government holidays:

New Year's Day Labor Day Martin Luther King's Birthday Columbus Day Washington's Birthday Veteran's Day Memorial Day Thanksgiving Day Independence Day Christmas Day

12. Insurance Requirements

The contractor shall procure and maintain such insurance as required by law or regulation, including but not limited to, Workmen's Compensation and Employees Liability insurance, General Liability Insurance, and Motor Vehicle Liability Insurance. In accordance with FAR 28.307-2, the type of insurance and amounts are as follows:

a. Worker's compensation and employer's liability. The contractor shall comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with the contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers (See 28.305(c) for treatment of contracts subject to the Defense Base Act.

b. General Liability

(1) The contractor shall provide bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

(2) Property damage liability insurance shall be provided in the amount of $100,000 for each occurrence.

c. Automobile Liability

The contractor shall provide automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles, Government-owned and contractor-owned, used in conjunction with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

13. Contractor Employee Security Requirements and Access Badges

A background investigation will be required for all contractor employees working onsite. The contractor shall request the background investigation for employees through the COTR.

The investigation includes finger printing, which is done at the NIEHS Security Office, B114B onsite and processed through the NIH police. Applicants will be required to provide identification on two occasions, to the COTR and to security when the Applicant goes to security to be issued a badge. We will require the Applicant to provide two forms of identification, one of which must be a federal or state issued photo ID. An NIH access badge will be issued to the contractor employee in one to three days (typically, the badge is issued immediately).

Each employee under this contract shall wear a name badge, easily readable, prominently displayed, which shall include the person’s name and the contractor’s name. Each contract employee shall follow all NIEHS polices while on Institute property.

14. Post Award Evaluation and Contractor Performance

1) Interim and final evaluations of Contractor performance will be prepared on this contract in accordance with FAR 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 based on ending date of each option period.

2) 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.

3) 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.

15. INFORMATION TECHNOLOGY SYSTEMS SECURITY

Information Technology Systems Security is applicable to this solicitation and the following information is provided to supplement this item to assist in proposal preparation.

(a) Sensitivity and Security Level Designations.

The Statement of Work (SOW) requires the successful offeror to develop or access a Federal Automated Information System (AIS). Based upon the security guidelines contained in the Department of Health and Human Services (DHHS) Automated Information Systems Security Program (AISSP) Handbook, the Government has determined that the following apply:

(1) Category of Safeguarded Information

The safeguarded agency information that the successful offeror will develop or access is categorized as:

[X ] Non Sensitive Information [ ] Sensitive Information [ ] Classified Information:

[ ] Confidential [ ] Secret [ ] Top Secret [ ] Special Access

(2) Security Level Designations

The information that the successful offeror will develop or access is designated as follows:

Level __1___ applies to the sensitivity of the data.

Level __1___ applies to the operational criticality of the data.

The overall Security Level designation for this requirement is Level __1_____.

(3) Position Sensitivity Designations

Prior to award, the Government will determine the position sensitivity designation for each contractor employee that the successful offeror proposes to work under the contract. For proposal preparation purposes, the following designations apply:

Level 1C: Non Sensitive (Requires Suitability Determination with an NACI). Contractor employees assigned to a Level 1C position are subject to a National Agency Check and Inquiry Investigation (NACI).

Contractor employees who have met investigative requirements within the past five years may only require an updated or upgraded investigation.

(b) Information Technology (IT) System Security Program

The offeror’s proposal must:

(1) Include a detailed outline (commensurate with the size and complexity of the requirements of the SOW) of its present and proposed IT systems security program;

(2) Demonstrate that it complies with the HHS Security Program requirements, the Computer Security Act of 1987; Office of Management and budget (OMB) Circular A-130, Appendix

III, “Security of Federal Automated Information System;” and the HHS Office of the Chief Information Officer (OCIO) Policies at http://www.hhs.gov/ocio/policy/index.html .

http://www.hhs.gov/ocio/policy/index.html�

(c) Required Training for IT Systems Security

DHHS policy requires that contractors receive security training commensurate with their responsibilities for performing work under the terms and conditions of their contractual agreements.

The successful offeror will be responsible for assuring that each contractor employee has completed the following NIH Computer Security Awareness Training prior to performing any contract work:

http://irtsectraining.nih.gov/. The contractor will be required to maintain a listing of all individuals who have completed this training and submit this listing to the Government. Additional security training requirements commensurate with the position may be required as defined in OMB Circular A-130 or NIST Special Publication 800-16, “Information Technology Security Training Requirements.” These documents provide information about IT security training that may be useful to potential offerors.

(d) References

The following documents are electronically accessible:

(1) OMB Circular A-130, Appendix III:

www.whitehouse.gov/omb/circulars/a130/a130appendix_iii.html

(2) HHS Office of the Chief Information Officer (OCIO) Policies at http://www.hhs.gov/ocio/policy/index.html

(3) DHHS Personnel Security/Suitability Handbook:

http://www.hhs.gov/ohr/manual/pssh.pdf

(4) NIH Applications/Systems Security Template:

http://irm.cit.nih.gov/security/secplantemp.doc

(5) NIST Special Publication 800-16, “Information Technology Security Training Requirements:”

http://csrc.nist.gov/publications/nistpubs/800-16/800-16.pdf.

(6) NIH CIT-Policies, Guidelines and Regulations: Table 1 - Categories of Safeguarded Agency Information: http://irm.cit.nih.gov/security/table1.htm.

Table 2 - Security Level Designations for Agency Information: http://irm.cit.nih.gov/security/table2.htm.

Table 3 - Positions Sensitivity Designations for Individuals Accessing Agency Information:

http://irm.cit.nih.gov/security/table3.htm.

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VII. Supplemental Purchase Order Terms and Conditions For Supplies and Services

1. NEW EQUIPMENT

New equipment and/or supplies shall be furnished by the Contractor. No used, surplus, gray market or reconditioned equipment or supplies shall be furnished.

2. NEEDLE EXCHANGE

The Contractor shall not use contract funds to carry out any program of distributing sterile needles or syringes for the hypodermic injection of any illegal drug.

3. 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.

4. 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

5. RESTRICTION ON EMPLOYMENT OF UNAUTHORIZED ALIEN WORKERS

The Contractor shall not use contract funds to employ workers described in section 274A(h)(3) of the Immigration and Nationality Act, which reads as follows:

“(3) Definition of unauthorized alien.-As used in this section, the term ‘unauthorized alien’ means, with respect to the employment of an alien at a particular time, that the alien is not at that time either (A) an alien lawfully admitted for permanent residence, or (B) authorized to be so employed by this Act or by the Attorney General.”

mailto:Htips@os.dhhs.gov�

6. HHSAR 352.242-71 TOBACCO-FREE FACILITIES

In accordance with Department of Health and Human Services (HHS) policy, the Contractor and its staff are prohibited from using tobacco products of any kind (e.g., cigarettes, cigars, pipes, and smokeless tobacco) while on any HHS property, including use in personal or company vehicles operated by Contractor employees while on an HHS property. This policy also applies to all subcontracts awarded under the contract or order. The term ‘‘HHS properties’’ includes all properties owned, controlled and/or leased by HHS when totally occupied by HHS, including all indoor and outdoor areas of such properties.