NIEHS2013165_SPACE_ _FACILITIES_PLANNING_SUPPORT_SERVICES.docx

COMBINED SYNOPSIS/SOLICITATION

Synopsis:

This is a combined synopsis/solicitation for commercial items 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.

The combined synopsis/solicitation number is NIHES2013165 and is issued as a Request For Proposal (RFP). The combined synopsis/solicitation and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-67 June 21st). This solicitation is issued as a Small Business Set-Aside under NAICS 541410 with a size standard of $7,000,000.

The information set forth in Section A - Solicitation/Contract form, herein contains important information for any offeror interested in responding to this solicitation. Any contract resulting from this solicitation will include in its Section A - Solicitation/Contract form, accounting, appropriation and general information applicable to the contract award.

The contract schedule set forth in Sections B through H, herein, contains contractual information pertinent to this solicitation. It is not an exact representation of the contract document that will be awarded as a result of this solicitation. The contract cost or price and other contractual provisions pertinent to the offeror (i.e., those relating to the organizational structure [e.g., Non-Profit, Commercial] and specific cost authorizations unique to the Offeror's proposal and requiring Contracting Officer Prior Approval) will be discussed in the negotiation process and will be included in the resultant contract. The enclosed contract schedule is intended to provide the offeror with the necessary information to understand the terms and conditions of the resultant contract.

SECTION A – SOLICITATON AND CONTACT FORM

1.Requisition or other Purchase Authority: FAR Part 12

2. Request for Proposal Number: NIHES2013165

3. Issue Date:

July 3, 2013

4. Set Aside:

[ ] No [ X] Yes, 100% Small Business Set-Aside

1. Title : Space and Facilities Planning Support Services

1. NAICS: 541410 Interior Design Services Size Standard: $7,000,000

7.a. ISSUED BY:

Christopher Fisher, Contract Specialist Office of Acquisitions National Institute of Environmental Health Sciences

NIEHS

530 Davis Drive, Morrisville, NC 27560 7.b. SUBMIT OFFERS TO:

See Part III, Section J, "Packaging and Delivery of the Proposal," ATTACHMENT 7 of this Solicitation.

1. 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 9, "Packaging and Delivery of the Proposal," until 4:00 pm EST local time on July 19. Offers will be valid for 60 days unless a different period is specified by the offeror.

1. This solicitation requires delivery of proposals as stated in ATTACHMENT 7, "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 FOR THE OFFICE OF ACQUISITIONS, THEN IT WILL BE CONSIDERED LATE AND HANDLED IN ACCORDANCE WITH subparagraph (c)(3) of FAR Clause 52.212-1, Instructions to Offerors- Commercial Items LOCATED IN SECTION L.1. OF THIS SOLICITATION.

1. Offeror must be registered in the System for Acquisition Management (SAM) at http://sam.gov prior to award of the contract. Offerors already registered in the Central Contractor Registry (CCR) at http://www.ccr.gov will be transferred to SAM after July 31, 2012

1. FOR INFORMATION CALL:

Christopher Fisher

PHONE: 919-541-0428

e-mail: christopher.fisher@nih.gov

COLLECT CALLS WILL NOT BE ACCEPTED.

B - SUPPLIES OR SERVICES AND PRICES/COSTS

ARTICLE B.1. BRIEF DESCRIPTION OF SUPPLIES OR SERVICES

The Government intends to award to a single Contractor an IDIQ type contract with firm fixed price Task Orders to provide all labor, materials, supervision, expertise and other resources necessary to perform a variety of interior design, space planning, architectural design, Americans with Disabilities Act/Architectural Barriers Act consultation, furniture installation services, Archibus FM drawing maintenance, Archibus FM application support, and other facilities management support services, as required by the National Institute of Environmental Health Sciences, Office of Acquisitions. The Period of Performance is anticipated to be for a five (5) years with one six (6) month Option to Extend Services. The maximum dollar amount that may potentially be awarded over the five year and six month duration of the contract is $ to be negotiated.

ARTICLE B.2. PRICES/COSTS

1. This is an Indefinite Quantity contract as contemplated by FAR 16.504. The Contractor shall be reimbursed by the Government in an amount not less than a total of $to be negotiated (minimum) nor more than a total of $ to be negotiated (maximum) for successful performance of this contract.

1. The prices set forth in this ARTICLE will cover the contract period to be negotiated through to be negotiated.

1. The Government will issue Fixed Price Task Orders based on the work described in SECTION C of this contract and the following schedule. Upon delivery and acceptance of the item(s) described in each Task Order, the Government shall pay the Contractor the fixed hourly off-site rates set forth below:

Year 1 of Contract

Position Hourly Off-Site Rate

Year 2 of Contract

Position Hourly Off-Site Rate

Year 3 of Contract

Position Hourly Off-Site Rate

Year 4 of Contract

Position Hourly Off-Site Rate

Year 5 of Contract

Position Hourly Off-Site Rate

Six (6) Month Option to Extend Services of Contract

Position Hourly Off-Site Rate

ARTICLE B.3. OPTION PRICES

ARTICICLE B.4. Other Direct Costs (ODCs) ODCs consist of materials, supplies, subcontractor, etc. that are required for the performance of a Task Order awarded under this contract. ODCs may be negotiated and charged as part of the fixed price on individual Task Orders. The cost of general purpose items required for the conduct of the Contractor’s normal business operations will not be considered an allowable ODC in the performance of Task Orders under this contract.

ARTICLE B.5. ADVANCE UNDERSTANDINGS

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

SECTION C - PERFORMANCE WORK STATEMENT

ARTICLE C.1. Background.

The purpose of this contract is to acquire interior design, space planning, architectural design, Americans with Disabilities Act/Architectural Barriers Act consultation, furniture installation services, Archibus FM drawing maintenance, Archibus FM application support, and other facilities management support services. Based on the hourly off-site rates provided by the successful offeror, an individual price will be negotiated for each specific project with a subsequent Task Order placed under the terms of this contract.

ARTICLE C.2. Performance Work Statement

I. General

a. All services required under this contract complement the services provided by the Office of Management and/or in support of the services provided by the Office of Management.

b. The services to be provided under this contract effort include, but are not limited to: surveys, evaluations studies, design presentations, accessibility evaluations, CAD drawing maintenance (utilizing NIEHS CAD standards), software maintenance (Archibus FM), project management, furniture installation, moving services, and other miscellaneous space and facilities management support services.

c. Deliverables required under this contract may include but are not limited to: reports, design options, material boards, final drawings, cost estimates, furniture options from sources available to purchase by the federal government (ex. Ability One, NIH BPA, GSA), finish options, furniture ordering information, architectural recommendations, and other related deliverables.

d. The place of performance where services shall be provided is NIEHS facilities in Research Triangle Park, NC.

II Requirements

a. Fulfilling the requirements of this contract may require frequent, on-site visits by contractor personnel to attend project meetings, obtain field measurements make design presentations, oversee furniture installations, install furniture, resolve problems, provide software support, and accomplish drawing maintenance.

b. Archibus FM software support services may include software installation and configuration of application upgrades, patches, providing user training, troubleshooting, and providing software customizations (as requested). As needed, the contractor will have access to a Government furnished computer located on-site at NIEHS to fulfill this requirement.

c. The contractor, in coordination with the Contracting Officer’s Representative (COR) shall provide all things necessary (i.e. personnel, supplies, equipment, vehicles, etc.) to accomplish the requirements as indicated in this Statement of Work and as further defined in the individual Task Orders which will be developed for subsequent specific projects. The contractor shall respond on-site within two hours of receiving a call from the COR, 24-hour per days, 365 days of the year, including weekends and holidays. The contractor’s ability to respond within two hours’ notice is essential to the success of this contract and requires the contractor to develop project schedules which ensure rapid progression once projects evolve to the point that Government employees are displaced. While installation projects are underway, the project manager or lead designer and installation supervisor must be available to respond to and rapidly resolve unexpected problems encountered during furniture installation/reconfiguration projects. The lead Archibus FM support person must be available to respond to problems encountered with Archibus FM, which frequently requires access to the application and/or the equipment utilizing this application.

d. Project workload will vary throughout the year. The contractor, as necessary, shall manage multiple concurrent projects at various stages of completion.

III. Tasks

a. Space Planning/Interior Design Services:

At the request of the COR, the Contractor shall provide space planning or interior design options for areas identified for possible redesign. These design options shall be prepared based on criteria provided by the COR and may include recommendations for architectural changes and/or furniture layout options. The Contractor may be required to provide ordering information for furniture (furniture will be ordered by the Government) in accordance with approved design options, and project management expertise for project oversight while furniture installation/reconfiguration projects are underway.

b. Architectural Design Recommendations:

At the request of the COR, the Contractor shall evaluate existing conditions and provide recommendations of an architect registered in the state of North Carolina, which address various architectural, safety, accessibility, aesthetic, or other concerns. Recommendations received and approved under this contract will be accomplished by others via the appropriate contract mechanism, at the discretion of the Government.

c. Installations/relocations/reconfigurations:

At the request of the COR, the Contractor shall install, remove, relocate, and/or reconfigure furniture in accordance with the approved design drawing.

d. Move services

At the request of the COR, the Contractor shall relocate office contents, equipment, furniture, in accordance with an approved move schedule and or/ drawing. The Contractor shall provide all moving equipment, supplies and vehicles.

e. Drawing maintenance:

At the conclusion of each project involving architectural changes and/or furniture installation, removal relocation and/or reconfigurations, or at request of the COR, the Contractor shall modify the Room layers and Furniture layers of the NIH/NIEHS as-built CAD drawings to match the current as-built conditions of the facility. In no more than 2 weeks after the completion of the projects which involve space/furniture changes, the contractor is to complete required drawing (furniture and polyline changes) and to notify NIEHS when appropriate changes are complete.

f. Archibus FM computer support services:

At the request of the COR, the contractor shall provide appropriate support services to ensure the application is fully functional. Services may require various technical capabilities needed to install upgrades, patches, troubleshoot problems, and other miscellaneous software support services.

g. Quality Control:

Contractor shall develop a plan which demonstrates measures he/she will be taking to control the quality of services provided and ensure they meet the requirements of the project.

All drawings, data, software, etc. which are developed, created, revised, or maintained under this contract shall remain Government property. If any new data, such as additional customizations to the Archibus FM application are developed under this contract, the specifics of these customizations shall be adequately documented by the contractor and the documentation turned over to the Government. Both the documentation and the customizations (if any are accomplished) shall remain Government property.

ARTICLE C.3. Operating Environment

a. Operating Hours

Hours of Operation and Government Holidays: The normal hours of operation are 8:00 AM to 5:00 PM. Any hours outside of these hours will be addressed in specific task hours.

The following days are legal public holidays: New Year’s Day (1st day of January), Martin Luther King’s Birthday (3rd Monday in January), President’s Day (3rd Monday in February), Memorial Day (last Monday in May), Independence Day (July 4), Labor Day (1st Monday in September), Columbus Day (2nd Monday in October0, Veteran’s Day (November 11), Thanksgiving Day (4th Thursday in November), Christmas Day (December 25). The Contractor will adhere to the Government holiday schedule. If a holiday falls on a Saturday, the recognized Federal holiday is the preceding Friday. If the holiday falls on a Sunday, the recognized Federal holiday is the following Monday.

Hours of Operation Other Than Normal: There will be mission situations that require the Contractor to work other than normal hours. Such scheduling may require accomplishment of Contractor work at times other than normal operation hours; the Contracting Officer, or other appropriate Government representative, will approve in writing work outside normal operation hours when required. Overtime shall only be permitted when approved in writing by the Contracting Officer.

ARTICLE C.4. Other Reporting Requirements

a. Information Security and Physical Access Reporting Requirements

The Contractor shall submit the following reports as required by the INFORMATION AND PHYSICAL ACCESS SECURITY Article in SECTION H of this contract. Note: Each report listed below includes a reference to the appropriate subparagraph of this article.

1. Roster of Employees Requiring Suitability Investigations

The Contractor shall submit a roster, by name, position, e-mail address, phone number and responsibility, of all staff (including subcontractor staff) working under the contract who will develop, have the ability to access, or host and/or maintain a Federal information system(s). The roster shall be submitted to the Contracting Officer's Representative (COR), with a copy to the Contracting Officer, within 14 calendar days of the effective date of the contract. (Reference subparagraph A.5. of the INFORMATION AND PHYSICAL ACCESS SECURITY Article in SECTION H of this contract.)

2. IT Security Plan (IT-SP)

In accordance with HHSAR Clause 352.239-72, Security Requirements For Federal Information Technology Resources, the contractor shall submit the IT-SP within thirty (30) days after contract award. The IT-SP shall be consistent with, and further detail the approach to, IT security contained in the Contractor's bid or proposal that resulted in the award of this contract. The IT-SP shall describe the processes and procedures that the Contractor will follow to ensure appropriate security of IT resources that are developed, processed, or used under this contract. If the IT-SP only applies to a portion of the contract, the Contractor shall specify those parts of the contract to which the IT-SP applies.

The Contractor shall review and update the IT-SP in accordance with NIST SP 800-53A, Guide for Assessing the Security Controls in Federal Information Systems and Organizations, on an annual basis.

(Reference subparagraph D.3.(a). of the INFORMATION AND PHYSICAL ACCESS SECURITY Article in SECTION H of this contract.)

3. IT Risk Assessment (IT-RA)

In accordance with HHSAR Clause 352.239-72, Security Requirements For Federal Information Technology Resources, the contractor shall submit the IT-RA within thirty (30) days after contract award. The IT-RA shall be consistent, in form and content, with NIST SP 800-30, Risk Management Guide for Information Technology Systems, and any additions or augmentations described in the HHS-OCIO Information Systems Security and Privacy Policy.

The Contractor shall update the IT-RA on an annual basis.

(Reference subparagraph D.3.(b). of the INFORMATION AND PHYSICAL ACCESS SECURITY Article in SECTION H of this contract.)

4. FIPS 199 Assessment

In accordance with HHSAR Clause 352.239-72, Security Requirements For Federal Information Technology Resources, the Contractor shall submit a FIPS 199 Assessment within thirty (30) days after contract award. The FIPS 199 Assessment shall be consistent with the cited NIST standard.

(Reference subparagraph D.3.(c). of the INFORMATION AND PHYSICAL ACCESS SECURITY Article in SECITON H of this contract.

5. IT Security Certification and Accreditation (IT-SC&A)

In accordance with HHSAR Clause 352.239-72, Security Requirements For Federal Information Technology Resources, the Contractor shall submit written proof to the Contracting Officer that an IT-SC&A was performed within three (3) months after contract award.

The Contractor shall perform an annual security control assessment and provide to the Contracting Officer verification that the IT-SC&A remains valid.

(Reference subparagraph D.3.(d). of the INFORMATION AND PHYSICAL ACCESS SECURITY Article in SECTION H of this contract.)

6. Reporting of New and Departing Employees

The Contractor shall notify the Contracting Officer's Representative (COR) and Contracting Officer within five working days of staffing changes for positions that require suitability determinations as follows:

a. New Employees who have or will have access to HHS Information systems or data: Provide the name, position title, e-mail address, and phone number of the new employee. Provide the name, position title and suitability level held by the former incumbent. If the employee is filling a new position, provide a description of the position and the Government will determine the appropriate security level.

b. Departing Employees: 1) Provide the name, position title, and security clearance level held by or pending for the individual; and 2) Perform and document the actions identified in the "Employee Separation Checklist", attached in Section J, ATTACHMENTS of this contract, when a Contractor/Subcontractor employee terminates work under this contract. All documentation shall be made available to the COR and/or Contracting Officer upon request.

(Reference subparagraph E.2.(a)(1)-(3). of the INFORMATION AND PHYSICAL ACCESS SECURITY Article in SECTION H of this contract.)

7. Contractor - Employee Non-Disclosure Agreement(s)

The contractor shall complete and submit a signed and witnessed "Commitment to Protect Non-Public Information - Contractor Agreement" form for each contractor and subcontractor employee who may have access to non-public Department information under this contract. This form is located at:

(Reference subparagraph E.3.(d). of the INFORMATION AND PHYSICAL ACCESS SECURITY Article in SECTION H of this contract.)

SECTION D - PACKAGING, MARKING AND SHIPPING

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

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, to be determined is the authorized representative of the Contracting Officer.

c. Inspection and acceptance will be performed at: 111TW Alexander Drive, RTP, NC

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 52.212-4(a) Inspection and Acceptance (Mar 2009)

SECTION F - DELIVERIES OR PERFORMANCE

ARTICLE F.1. PERIOD OF PERFORMANCE

The period of performance of this contract shall be to be negotiated.

If the Government exercises its option, FAR Clause 52.217-8 -- Option to Extend Services, pursuant to the OPTION PROVISION Article in Section H of this contract, the period of performance will be as follows:

ARTICLE F.2. SPECIAL DELIVERY INSTRUCTIONS

Design drawings, project schedules, cost estimates, furniture ordering information, material boards, architectural recommendations and other relevant information should be delivered to the COR. Drawings should be provided on paper plotted in 1/8” = 1’0” unless otherwise noted and in electronic format drawn in the latest version of AutoCAD and Archibus FM, and utilizing the NIEHS CAD standards. Format for project schedules is Microsoft Scheduler. Format for cost estimates and furniture ordering information is xls format.

ARTICLE F.3. 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) Alternate I (April 1984) is not applicable to this contract.

SECTION G - CONTRACT ADMINISTRATION DATA

ARTICLE G.1. CONTRACTING OFFICER'S REPRESENTATIVE (COR)

The following Contracting Officer's Representative (COR) will represent the Government for the purpose of this contract: To Be Determined.

The COR is responsible for: (1) monitoring the Contractor's technical progress, including the surveillance and assessment of performance and recommending to the Contracting Officer changes in requirements; (2) interpreting the statement of work and any other technical performance requirements; (3) performing technical evaluation as required; (4) performing technical inspections and acceptances required by this contract; and (5) assisting in the resolution of technical problems encountered during performance.

The alternate COR is responsible for carrying out the duties of the COR only in the event that the COR can no longer perform his/her duties as assigned.

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 COR designation.

ARTICLE G.2. KEY PERSONNEL, HHSAR 352.242-70 (January 2006)

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 critical personnel without the written consent of the Contracting Officer. The Government may modify the contract to add or delete critical personnel at the request of the Contractor or Government.

The following individual(s) is/are considered to be essential to the work being performed hereunder:

To be negotiated

ARTICLE G.3. TASK ORDER PROCEDURE

This contract provides for the issuance of Task Orders on a negotiated basis as follows:

a. General

Only the Contracting Officer may issue Task Orders to the Contractor, providing specific authorization or direction to perform work within the scope of the contract and as specified in the Statement of Work. Unless specifically authorized by the Contracting Officer, the Contractor shall not commence work until a fully executed Task Order has been awarded. The Contractor may incur costs under this contract in performance of Task Orders and Task Order modifications issued in accordance with this ARTICLE.

No other costs are authorized unless otherwise specified in the contract or expressly authorized by the Contracting Officer.

b. Requesting Task Order Proposals.

The Contracting Officer will solicit responses to Task Order requirements from the Contractor in writing. A Task Order Request for Proposals (TORFP) will be prepared and issued for each Task Order requirement.

Generally, the Task Order Request for Proposal (TORFP) will include but is not limited to the following:

All contract clauses contained in this contract shall be incorporated in the TORFP and the resultant Task Order. If conflicts exist between the contract clauses and the information outlined in the Task Order, the contract language takes precedence over the information in the Task Order.

The Contractor will be provided an adequate time to prepare and submit responses based on the Contracting Officer's consideration of the estimated dollar value and complexity of proposed Task Order. Generally, the Contractor will be asked to demonstrate the following as appropriate:

· Technical approach, methods and procedures for satisfying the requirements with a discussion of potential problems to be encountered and proposed solutions and/or risk mitigation strategies.

· Procedures for assuring quality of work, products, and deliverables;

· Plan for managing the Task Order, including meeting requirements and schedules, and performance measures (if applicable);

· Staffing plan with skill levels and level of effort for each individual proposed.

· Cost/Price to perform the Task Order.

ARTICLE G.4. INVOICE INSTRUCTIONS

The following clause is applicable to all Purchase Orders, Task or Delivery Orders, and Blanket Purchase Agreement (BPA) Calls: Prompt Payment (Oct 2008) FAR 52.232-25. Highlights of this clause and NIH implementation requirements follow:

1. Invoice Requirements

0. An invoice is the Contractor's bill or written request for payment under the contract for supplies delivered or services performed. A proper invoice is an "Original" which must include the items listed in subdivisions 1 through 12, below, in addition to the requirements of FAR 32.9. If the invoice does not comply with these requirements, the Contractor will be notified of the defect within 7 days after the date the designated billing office received the invoice (3 days for meat, meat food products, or fish, and 5 days for perishable agricultural commodities, dairy products, edible fats or oils) with a statement of the reasons why it is not a proper invoice. (See exceptions under II., below.) Untimely notification will be taken into account in the computation of any interest penalty owed the Contractor.

0. Vendor/Contractor: Name, Address, Point of Contact for the invoice (Name, title, telephone number, e-mail and mailing address of point of contact).

0. Remit-to address (Name and complete mailing address to send payment).

0. Remittance name must match exactly with name on original order/contract. If the Remittance name differs from the Legal Business Name, then both names must appear on the invoice.

0. Invoice date.

0. Unique invoice #s for all invoices per vendor regardless of site.

0. NBS document number formats must be included for awards created in the NBS: Contract Number; Purchase Order Number; Task Number and Source Award Number (e.g., Indefinite Delivery Contract number; General Services Administration number); or, BPA Call Number and BPA Parent Award Number.

0. Data Universal Numbering System (DUNS) or DUNS + 4 as registered in the Central Contractor Registration (CCR).

0. Federal Taxpayer Identification Number (TIN). In those exceptional cases where a contractor does not have a DUNS number or TIN, a Vendor Identification Number (VIN) must be referenced on the invoice. The VIN is the number that appears after the contractor’s name on the face page of the award document.

0. Identify that payment is to be made using a three-way match.

0. Description of supplies/services that match the description on the award, by line billed.*

0. Freight or delivery charge must be billed as shown on the award. If it is included in the item price do not bill it separately. If identified in the award as a separate line item, it must be billed separately.

0. Quantity, Unit of Measure, Unit Price, Extended Price of supplies delivered or services performed, as applicable, and that match the line items specified in the award.*

* NOTE: If your invoice must differ from the line items on the award, please contact the Contracting Officer before submitting the invoice. A modification to the order or contract may be needed before the invoice can be submitted and paid.

0. Shipping costs will be reimbursed only if authorized by the Contract/Purchase Order. If authorized, shipping costs must be itemized. Where shipping costs exceed $100, the invoice must be supported by a bill of lading or a paid carrier's receipt.

0. Mail an original and 1 copy of the itemized invoice to:

National Institutes of Health Office of Financial Management, Commercial Accounts 2115 East Jefferson Street, Room 4B-432, MSC 8500

Bethesda, MD 20892-8500

For inquiries regarding payment call: (301) 496-6088

1. Except as indicated in paragraph B., below, the due date for making invoice payments by the designated payment office shall be the later of the following two events:

1. Determination of interest and penalties due will be made in accordance with the provisions of the Prompt Payment Act, as amended, the Contract Disputes Act, and regulations issued by the Office of Management and Budget.

IV. Providing Accelerated Payment to Small Business Subcontractors

2. The Government encourages the contractor to pay small business subcontractors along an accelerated timetable to the maximum extent practicable. The Government recommends payment to small business subcontractors within 15 days of receipt of proper documentation.

2. Include the substance of this article, including this paragraph (b), in all subcontracts with small business concerns.

2. This policy does not modify the application or operation of the Prompt Payment Act.

ARTICLE G.5. PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS

ARTICLE G.6. POST AWARD EVALUATION OF CONTRACTOR PERFORMANCE

a. Contractor Performance Evaluations

Interim and final evaluations of Contractor performance will be prepared on this contract in accordance with FAR Subpart 42.15. The final performance evaluation will be prepared at the time of completion of work. In addition to the final evaluation, interim evaluation(s) will be prepared annually within thirty days of the expiration of the Base Period and all subsequent contract years.

Interim and final evaluations will be provided to the Contractor as soon as practicable after completion of the evaluation. The Contractor will be permitted thirty days to review the document and to submit additional information or a rebutting statement. If agreement cannot be reached between the parties, the matter will be referred to an individual one level above the Contracting Officer, whose decision will be final.

Copies of the evaluations, Contractor responses, and review comments, if any, will be retained as part of the contract file, and may be used to support future award decisions.

b. Electronic Access to Contractor Performance Evaluations

Contractors may access evaluations through a secure Web site for review and comment at the following address:

http://www.cpars.gov

SECTION H - SPECIAL CONTRACT REQUIREMENTS

ARTICLE H.1. NEEDLE DISTRIBUTION

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.

ARTICLE H.2. ACKNOWLEDGEMENT OF FEDERAL FUNDING

The Contractor shall clearly state, when issuing statements, press releases, requests for proposals, bid solicitations and other documents describing projects or programs funded in whole or in part with Federal money: (1) the percentage of the total costs of the program or project which will be financed with Federal money; (2) the dollar amount of Federal funds for the project or program; and (3) the percentage and dollar amount of the total costs of the project or program that will be financed by nongovernmental sources.

ARTICLE H.3. OPTION PROVISION

Unless the Government exercises its option pursuant to the Option Clause set forth in ARTICLE I.3., the contract will consist only of the Base Period of the Statement of Work as defined in Sections C and F of the contract. Pursuant to FAR Clause 52.217-8, Option to Extend Services set forth in ARTICLE I.3. of this contract, the Government may, by unilateral contract modification, require the Contractor to perform additional options set forth in the Statement of Work and also defined in Sections C and F of the contract. If the Government exercises this option, notice must be given at least 60 days prior to the expiration date of this contract, and the line item prices of the contract will be increased as set forth in the OPTION PRICES Article in SECTION B of this contract.

ARTICLE H.4. INFORMATION AND PHYSICAL ACCESS SECURITY

A. HHS-Controlled Facilities and Information Systems Security

1. To perform the work specified herein, Contractor personnel are expected to have routine (1) physical access to an HHS-controlled facility; (2) physical access to an HHS-controlled information system; (3) access to sensitive HHS data or information, whether in an HHS-controlled information system or in hard copy; or (4) any combination of circumstances (1) through (3).

2. To gain routine physical access to an HHS-controlled information system, and/or access to sensitive data or information, the Contractor and its employees shall comply with Homeland Security Presidential Directive (HSPD)-12, Policy for a Common Identification Standard for Federal Employees and Contractors; Office of Management and Budget Memorandum (M-05-24); and Federal Information Processing Standards Publication (FIPS PUB) Number 201; and with the personal identity verification and investigations procedures contained in the following documents:

a. HHS Information Security Program Policy ( http://www.hhs.gov/read/irmpolicy/121504.html )

b. HHS Office of Security and Drug Testing, Personnel Security/Suitability Handbook, dated February 1, 2005 ( http://www.hhs.gov/ohr/manual/pssh.pdf )

c. HHS HSPD-12 Policy Document, v. 2.0 ( http://www.whitehouse.gov/sites/default/files/omb/assets/omb/memoranda/fy2005/m05-24.pdf )

d. Information regarding background checks/badges ( http://idbadge.nih.gov/background/index.asp )

3. Position Sensitivity Levels:

This contract will entail the following position sensitivity levels:

[ ] Level 6: Public Trust - High Risk. Contractor/subcontractor employees assigned to Level 6 positions shall undergo a Suitability Determination and Background Investigation (MBI).

[ ] Level 5: Public Trust - Moderate Risk. Contractor/subcontractor employees assigned to Level 5 positions with no previous investigation and approval shall undergo a Suitability Determination and a Minimum Background Investigation (MBI), or a Limited Background Investigation (LBI).

[X] Level 1: Non-Sensitive. Contractor/subcontractor employees assigned to Level 1 positions shall undergo a Suitability Determination and National Check and Inquiry Investigation (NACI).

4. The personnel investigation procedures for Contractor personnel require that the Contractor prepare and submit background check/investigation forms based on the type of investigation required. The minimum Government investigation for a non-sensitive position is a National Agency Check and Inquiries (NACI) with fingerprinting. More restricted positions - i.e., those above non-sensitive, require more extensive documentation and investigation.

The Contractor shall submit a roster, by name, position, e-mail address, phone number and responsibility, of all staff (including subcontractor staff) working under the contract who will develop, have the ability to access and/or maintain a Federal Information System(s). The roster shall be submitted to the Contracting Officer's Representative (COR), with a copy to the Contracting Officer, within 14 calendar days after the effective date of the contract. The Contracting Officer shall notify the Contractor of the appropriate level of suitability investigations to be performed. An electronic template, "Roster of Employees Requiring Suitability Investigations," is available for contractor use at: .

Upon receipt of the Government's notification of applicable Suitability Investigations required, the Contractor shall complete and submit the required forms within 30 days of the notification.

The Contractor shall notify the Contracting Officer in advance when any new personnel, who are subject to a background check/investigation, will work under the contract and if they have previously been the subject of national agency checks or background investigations.

All contractor and subcontractor employees shall comply with the conditions established for their designated position sensitivity level prior to performing any work under this contract.

Contractors may begin work after the fingerprint check has been completed.

5. Investigations are expensive and may delay performance, regardless of the outcome of the investigation. Delays associated with rejections and consequent re-investigations may not be excusable in accordance with the FAR clause, Excusable Delays - see FAR 52.249-14. Accordingly, the Contractor shall ensure that any additional employees whose names it submits for work under this contract have a reasonable chance for approval.

6. Typically, the Government investigates personnel at no cost to the Contractor. However, multiple investigations for the same position may, at the Contracting Officer's discretion, justify reduction(s) in the contract price of no more that the cost of the additional investigation(s).

7. The Contractor shall include language similar to this "HHS Controlled Facilities and Information Systems Security" language in all subcontracts that require subcontractor personnel to have the same frequency and duration of (1) physical access to an HHS-controlled facility; (2) logical access to an HHS-controlled information system; (3) access to sensitive HHS data/information, whether in an HHS-controlled information system or in hard copy; or (4) any combination of circumstances (1) through (3).

8. The Contractor shall direct inquiries, including requests for forms and assistance, to the Contracting Officer or designee.

9. Within 7 calendar days after the Government's final acceptance of the work under this contract, or upon termination of the contract, the Contractor shall return all identification badges to the Contracting Officer or designee.

B. Standard for Security Configurations, HHSAR 352.239-70, (January 2010)

1. The Contractor shall configure its computers that contain HHS data with the applicable Federal Desktop Core Configuration (FDCC) (see http://nvd.nist.gov/fdcc/index.cfm ) and ensure that its computers have and maintain the latest operating system patch level and anti-virus software level.

Note: FDCC is applicable to all computing systems using Windows XPTM and Windows VistaTM, including desktops and laptops - regardless of function - but not including servers.

2. The Contractor shall apply approved security configurations to information technology (IT) that is used to process information on behalf of HHS. The following security configuration requirements apply:

3. The Contractor shall ensure IT applications operated on behalf of HHS are fully functional and operate correctly on systems configured in accordance with the above configuration requirements. The Contractor shall use Security Content Automation Protocol (SCAP)-validated tools with FDCC Scanner capability to ensure its products operate correctly with FDCC configurations and do not alter FDCC settings - see http://nvd.nist.gov/validation.cfm . The Contractor shall test applicable product versions with all relevant and current updates and patches installed. The Contractor shall ensure currently supported versions of information technology products met the latest FDCC major version and subsequent major versions.

4. The Contractor shall ensure IT applications designed for end users run in the standard user context without requiring elevated administrative privileges.

5. The Contractor shall ensure hardware and software installation, operation, maintenance, update, and patching will not alter the configuration settings or requirements specified above.

6. The Contractor shall (1) include Federal Information Processing Standard (FIPS) 201-compliant ( http://csrc.nist.gov/publications/fips/fips201-1/FIPS-201-1-chng1.pdf ), Homeland Security Presidential Directive 12 (HSPD-12) card readers with the purchase of servers, desktops, and laptops; and (2) comply with FAR Subpart 4.13, Personal Identity Verification.

7. The Contractor shall ensure that its subcontractors (at all tiers) which perform work under this contract comply with the requirements contained in this clause.

1. Standard for Encryption language, HHSAR 352.239-71, (January 2010)

1. The Contractor shall use Federal Information processing Standard (FIPS) 140-2-compliant encryption (Security) Requirements for Cryptographic Module, as amended) to protect all instances of HHS sensitive information during storage and transmission. (Note: The Government has determined that HHS information under this contract is considered "sensitive" in accordance with FIPS 199, Standards for Security Categorization of Federal Information and Information Systems, dated February 2004).

2. The Contractor shall verify that the selected encryption product has been validated under the Cryptographic Module Validation Program (see http://csrc.nist.gov/cryptval/ ) to confirm compliance with FIPS 140-2 (as amended). The Contractor shall provide a written copy of the validation documentation to the Contracting Officer and the Contracting Officer's Technical Representative.

3. The Contractor shall use the Key Management Key (see FIPS 201, Chapter 4, as amended) on the HHS personal identification verification (PIV) card; or alternatively, the Contractor shall establish and use a key recovery mechanism to ensure the ability for authorized personnel to decrypt and recover all encrypted information (see http://csrc.nist.gov/drivers/documents/ombencryption-guidance.pdf ). The Contractor shall notify the Contracting Officer and the Contracting Officer's Technical Representative of personnel authorized to decrypt and recover all encrypted information.

4. The Contractor shall securely generate and manage encryption keys to prevent unauthorized decryption of information in accordance with FIPS 140-2 (as amended).