NIEHS2013169_-_Animal_Bedding.pdf

NIH/National Institute of Environmental Health Sciences (NIEHS)

Solicitation No: NIEHS2013169 Date Issued: 7/15/2013

Due Date: TUESDAY, AUGUST 6, 2013

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: Hardwood Laboratory Animal Bedding

The NIEHS intends to acquire Hardwood Laboratory Animal Bedding for the period September 1, 2013 through August 31, 2014 (Base Year) and two (2) option years. Award will be a firm-fixed Indefinite Delivery – Requirements Contract.

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 321999 with a Size Standard of 500 Employees.

3. Any questions regarding this announcement must be submitted in writing no later than 1:00 pm edt, Monday, July 22, 2013 to Deitra Lunney via email at lunney@niehs.nih.gov.

mailto:lunney@niehs.nih.gov mailto:lunney@niehs.nih.gov

I. Commercial Item Solicitation.

This is a solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice, and this announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. This solicitation is issued as Solicitation #NIEHS2013169. This solicitation document incorporates all mandatory commercial item provisions and clauses that are in effect through Federal Acquisition Circular (FAC) 2005-68 dated June 26, 2013. ISSUED AS TOTAL SMALL BUSINESS SET-ASIDE.

NAICS Code/Size: 321999 / 500 Employees.

II. Instructions:

Only written requests for additional information will be accepted. Notification of any changes shall be made only on the internet. Quotations submitted in response to this notice shall be in accordance with the proposal instructions in Section VII to one of the mailing addresses listed on page one. No faxed or email quotations will be accepted. Vendors not registered in the System for Award Management database at the time the requirement is to be awarded will not be considered. Vendors may register with SAM by accessing www.sam.gov. For any questions regarding this announcement, please contact Deitra Lunney - lunney@niehs.nih.gov.

FAR 52.212-3, Offeror Representations and Certifications-Commercial Items (DEC 2012) 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. Basis for Award:

The Government intends to award an order resulting from this solicitation to the responsible offeror whose quote represents the best value to the Government. Award will be based on price and other factors. See Section VII.

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

IV. Supplies and Prices / Delivery

When this is awarded, it will be established as an Indefinite Delivery/Indefinite Quantity (IDIQ) – Requirements contract. Prices quote will be binding on this contract for the period September 1, 2013 to August 31, 2014 (or 1 year from date of award). Orders will be placed by phone on an as-needed basis for the stated items with the totals not exceeding the quantity listed.

DO NOT SHIP IN ITS ENTIRETY.

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

Estimated Unit Extended List Items Quantities Unit Price Price Price

1. BASE YEAR – 9/01/2013 – 8/31/2014

Hardwood Animal Bedding 9,900 bags _______ ___________ ________

2. 1st Option Year –9/01/2014 – 8/31/2015

Hardwood Animal Bedding 9,900 bags ________ ___________ ________

3. 2nd Option Year –9/01/2015 – 8/31/2016

Hardwood Animal Bedding 9,900 bags _________ ___________ _________

Hardwood Animal Bedding shall comply with the NIEHS Standard Specifications for Screened Hardwood Laboratory Animal Bedding – see Attachment I.

If FAR 52.217-8 Option to Extend Services is exercised:

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

Estimated Unit Extended List Items Quantities Unit Price Price Price

4. Option to Extend Services - September 1, 2016 – February 28, 2017

Hardwood Animal Bedding 4,400 bags ________ ________ _________

Total Option Period: $ _____________________

Hardwood Animal Bedding shall comply with the NIEHS Standard Specifications for Screened Hardwood Laboratory Animal Bedding – see Attachment I.

Base Year: $______________________

1st Option Year $______________________

2nd Option Year: $______________________

Option Period (6 mo): $______________________

Total Base & Options: $_____________________

V. Clauses, Terms, Conditions, and Instructions

1. Period of Performance

a. The period of performance of this contract shall be from September 1, 2013 through August 31, 2014

b. If the Government exercises its options pursuant to Contract Clauses and Provisions, FAR 52.217-9 Option to Extend the Term of the Contract and FAR 52.217-8 Option to Extend Services, the period of performance will be increased as listed below:

Option Option Period

Option Year 1 September 1, 2014 through August 31, 2015 Option Year 2 September 1, 2015 through August 31, 2016 Option Period September 1, 2016 through February 28, 2017

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 Postconsumer Fiber Content Paper (May 2011)

FAR 52.212-4 Contract Terms & Conditions-Commercial Items (JUN 2013) FAR 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)

Addendum to FAR 52.212-4:

1. Stop Work Order, FAR Clause 52.242-15 (August 1989)

(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either—

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if—

(1) The stop-work order results in an increase in the time required for, or in the Contractor’s cost properly allocable to, the performance of any part of this contract; and

(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

(End of clause)

3. FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items. (JAN 2013)

(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 I (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 (Aug 2012) (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).

52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of

Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

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

https://acquisition.gov/far/current/html/52_222.html#wp1151848 http://uscode.house.gov/ https://acquisition.gov/far/current/html/52_222.html#wp1151848 http://uscode.house.gov/ https://acquisition.gov/far/current/html/52_233_240.html#wp1113329 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://acquisition.gov/far/current/html/52_233_240.html#wp1113344 https://acquisition.gov/far/current/html/52_200_206.html#wp1137622 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+2+13++%2841%29%20%20AND%20%28%2841%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t09t12+37+408++%2810%29%20%252 https://acquisition.gov/far/current/html/52_200_206.html#wp1141649 http://uscode.house.gov/ http://uscode.house.gov/ https://acquisition.gov/far/current/html/52_207_211.html#wp1140926 https://acquisition.gov/far/current/html/52_207_211.html#wp1146366 https://acquisition.gov/far/current/html/52_217_221.html#wp1136004 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://acquisition.gov/far/current/html/52_217_221.html#wp1136032 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20

52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)).

52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

52.219-28, Post Award Small Business Program Rerepresentation (Apr 2012) (15 U.S.C. 632(a)(2)).

52.222-3, Convict Labor (June 2003) (E.O. 11755).

52.222-19, Child Labor—Cooperation with Authorities and Remedies (Mar 2012) (E.O. 13126).

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 Veterans (Sep 2010)(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 (SEP 2010) (38 U.S.C. 4212).

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

52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513).

52.225-1, Buy American Act—Supplies (Feb 2009) (41 U.S.C. 10a-10d).

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) (31 U.S.C. 3332).

4. Method of Ordering

The Ordering Officials shall sign all orders (including written confirmation of oral/telephone orders) involving requests for supplies under this contract. Each delivery order must be accompanied by a packing slip or evidence of delivery.

The authorized Ordering Officials are: ____(to be completed at time of award) .

The following contractor representative is authorized to receive and accept orders placed by telephone:

Name: __________________________________

Telephone: ______________________________

5. FAR 52.216-18 Ordering (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from September 1, 2013 through August 31, 2014 (Base Year).

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

https://acquisition.gov/far/current/html/52_217_221.html#wp1136174 http://uscode.house.gov/ https://acquisition.gov/far/current/html/52_217_221.html#wp1136175 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://acquisition.gov/far/current/html/52_217_221.html#wp1139913 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://acquisition.gov/far/current/html/52_222.html#wp1147479 https://acquisition.gov/far/current/html/52_222.html#wp1147630 https://acquisition.gov/far/current/html/52_222.html#wp1147656 https://acquisition.gov/far/current/html/52_222.html#wp1147711 https://acquisition.gov/far/current/html/52_222.html#wp1158632 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://acquisition.gov/far/current/html/52_222.html#wp1148097 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+2+78++%2829%29%20%20AND%20%28%2829%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://acquisition.gov/far/current/html/52_222.html#wp1148123 https://acquisition.gov/far/current/html/52_222.html#wp1160019 https://acquisition.gov/far/current/html/52_223_226.html#wp1188603 https://acquisition.gov/far/current/html/52_223_226.html#wp1168995 http://uscode.house.gov/ https://acquisition.gov/far/current/html/52_223_226.html#wp1169608 https://acquisition.gov/far/current/html/52_232.html#wp1153351 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20

6. FAR 52.216-19 Order Limitations (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 1,100 bags , 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 9,900 bags ;

(2) Any order for a combination of items in excess of 9,900 bags ; or

(3) A series of orders from the same ordering office within the performance period that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(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 the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, 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 seven (7) 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.

7. FAR 52.216-21 Requirements (OCT 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government’s requirements do not result in orders in the quantities described as “estimated” or “maximum” in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

https://www.acquisition.gov/far/current/html/52_216.html#wp1115057

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 30 days after expiration of effective period of the contract.

8. 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.

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

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed three (3) years and six (6) months (if exercised).

10. 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.

11. 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 as follows on 9/2014, 9/2015, and 9/2016.

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

12. NEW EQUIPMENT

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

13. RESTRICTION ON DISCLOSURE AND USE OF DATA

Offerors that include in their proposal data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall-

a. Mark the title page with the following legend: "This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed- in whole or in part- for any purpose other than to evaluate this proposal. If, however, a contract is award to this offeror as a result of- or in connection with- the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets (inserts numbers or other identification of sheets); and

b. Mark each sheet of data it wishes to restrict with the following legend: "Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal."

http://www.cpars.gov/

14. 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.

15. 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 non-governmental sources.

16. 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

17. 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.”

18. ELECTRONIC AND INFORMATION TECHNOLOGY STANDARDS.

Applicable to all solicitations and contracts which will develop, purchase, maintain, or use electronic and Information

Technology (EIT) unless these EIT products and/or services are incidental to the project.

Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794D), as amended by the Workforce Investment Act of 1998, and the Architectural and Transportation Barriers Compliance Board Electronic and Information (EIT) Accessibility Provisions (36 CFR part 1194), require that, unless an exception applies, all EIT products and services developed, acquired, maintained, or used by any Federal department or agency permit:

1. Federal employees with disabilities to have access to and use information and data that is comparable to the access and use of information and data by Federal employees who are not individuals with disabilities; and mailto:Htips@os.dhhs.gov

2. Members of the public with disabilities seeking information or services from a Federal agency to have access to and use of information and data that is comparable to the access and use of information and data by members of the public who are not individuals with disabilities.

Accordingly, any vendor submitting a proposal/quotations/bid in response to this solicitation must demonstrate compliance with the established EIT accessibility provisions. Information about Section 508 provisions is available at http://www.section508.gov/ .

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

Respondents to this solicitation must also provide any additional detailed information necessary for determining applicable Section 508 standards conformance, as well as for documenting EIT products and/or services that are incidental to the project, which would constitute an exception to Section 508 requirements. If a vendor claims its products and/or services, including EIT deliverables such as electronic documents and reports, meet applicable Section 508 standards in its completed HHS Section 508 Product Assessment Template, and it is later determined by the Government - i.e., after award of a contract/order, that products and/or services delivered 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 expenses.

19. HHSAR 352.203-70 Anti-Lobbying

Pursuant to the current HHS annual appropriations act, except for normal and recognized executive-legislative relationships, the Contractor shall not use any HHS contract funds for (i) publicity or propaganda purposes; (ii) the preparation, distribution, or use of any kit, pamphlet, booklet, publication, radio, television or video presentation designed to support or defeat legislation pending before the Congress or any State legislature, except in presentation to the Congress or any State legislature itself; or (iii) payment of salary or expenses of the Contractor, or any agent acting for the Contractor, related to any activity designed to influence legislation or appropriations pending before the Congress or any State legislature.

20. HHSAR 352.223-71 Instructions to Offerors – Sustainable Acquisition

Offerors must include a Sustainable Acquisition Plan in their technical proposals that describes their approach and the quality assurance mechanisms in place for applying FAR 23.1 Sustainable Acquisition Policy (and other federal laws, regulations and Executive Orders governing green purchasing) to this acquisition.

See Sustainable “Green” Acquisition definitions – Attachment II http://www.section508.gov/ http://www.access-board.gov/sec508/provisions.htm http://www.access-board.gov/sec508/provisions.htm

VI. Contract Attachments

Attachment I Specifications for Screened Hardwood Laboratory Animal Bedding (12 pages) Attachment II Sustainable Green – Definitions (2 pages) Attachment III Sustainable Green – Proposal Qualities Attachment IV Invoice Instructions Attachment V SF-LLL Disclosure of Lobbying Activities (2 pages)

VII. Evaluation Criteria, Basis for Award, and Proposal Instructions

1. FAR 52.212-2 Evaluation—Commercial Items.

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following technical factors shall be used to evaluate offers and are listed in descending order of importance:

Technical Factors and Past Performance, when combined, are equally important as price or cost.

1. Document capabilities and procedures to support product compliance with the NIEHS Standard Specifications for Screened Hardwood Laboratory Animal Bedding - Attachment I (e.g. address product and product processing, plant sanitation, pest management, packaging, and transportation as stated in standard specifications).

2. Facilities and Equipment – demonstrate availability of necessary equipment and supply resource to provide the Laboratory Animal Bedding in accordance with the solicitation requirements (e.g.

manufacturing and warehouse facilities, production and warehouse facility grounds, and equipment and machinery as stated in standard specifications). A site inspection by the Government may be required as part of the evaluation.

3. Quality Assurance, Inspection, and Test Procedures – document capabilities to support compliance with quality assurance, inspection and test procedures.

4. Past Performance - Corporate experience (previous and current contracts) for providing a similar type of product in the private and/or government sector will be evaluated. Response shall include at least three (3) contracts that are similar in nature to this solicitation. Include the following information for each contract listed:

Name of Contracting Organization Contract Number and Type Total Contract Value Description of Requirement Contracting Officer’s name, telephone number, and email Program Manager’s name, telephone number, and email

The Government is not required to contact all references provided by the offeror. Also, references other than those identified by the offeror may be contacted by the Government to obtain additional information that will be used in the evaluation of the offeror’s past performance.

5. Sustainable Green Acquisition - provide documentation if in the performance of this contract any of the sustainable green items are applicable. See Definitions – Attachment II See Proposal Qualities – Attachment III

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

2. FAR 52.217-5 Evaluation of Options (July 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

(End of provision)

3. Potential Award without Discussions

The Government reserves the right to award a contract without discussions if the Contracting Officer determines that the initial prices are fair and reasonable and that discussions are not necessary. Therefore, offerors are cautioned to include their most favorable terms (technical, price and other factors) in their initial offer. The Government reserves the right to conduct discussions if the Contracting officer later determines them to be necessary.

4. Proposal Instructions

The proposal package includes the Technical Proposal and Business Proposal. Offerors shall submit an original and five (5) copies of the Technical Proposal and an original and one (1) copy of the Business Proposal. The Technical Proposal must be submitted as a separate document from the Business Proposal so that evaluation of one may be accomplished independently and concurrently with the evaluation of the other.

Your proposal must be signed to an official authorized to bind your organization and must stipulate that it is predicated upon all the terms and conditions of this solicitation.

http://www.arnet.gov/far/current/html/Subpart%2017_2.html#wp1078150

Submission of proposals, modifications or withdrawals of proposals will not be accepted by facsimile or email. Documents shall be delivered as a single package and be marked with the solicitation number, date and time specified for receipt, and name and address of offeror on the outside of the package to and submitted to an address provided on Page 1 of this solicitation (depending on mode of delivery).

In order to be considered, all proposal documents must be received by the response due date posted on FedBizOpps and reflected on Page 1 of this solicitation.

All proposal documents shall be legibly typewritten (type style no smaller than 12 point) on 8 ½ x 11 inch white and untextured paper, margins – one inch. Fold-out pages may be used for graphs, charts, tables, figures, and drawings to improve the evaluation process only.

Volume I Technical Proposal (submit an original and four (4) copies):

A detailed work plan must be submitted indicating how each aspect of the statement of work is to be accomplished. Your technical approach should be in as much detail as you consider necessary to fully explain your proposed technical approach or method. The technical proposal should reflect a clear understanding of the nature of the work being undertaken. The technical proposal must include information on how the project is to be organized, staffed, and managed. Information should be provided which will demonstrate your understanding and management of requested tasks. It is recommended that the technical proposal consist of a cover page, a table of contents, and follow the below format:

1) Compliance with NIEHS Standard Specifications

2) Facilities and Equipment

3) Quality Assurance

4) Past Performance

5) Sustainable Green Acquisition

Volume II Business Proposal (submit an original and one (1) copy):

The NIEHS will evaluate the overall evaluated price for each offeror and will examine the price proposal to determine whether it is considered to be fair and reasonable and realistic when compared to the technical proposal. The business proposal must include the following:

1) Name, address, telephone and facsimile numbers, email, DUNS and Tax I.D. number, solicitation number, and payment terms

2) Completed Section IV – Supplies, Services, and Prices

3) Supporting cost information

4) Completed and signed FAR 52.212-3 Offeror Representations and Certifications- Commercial Items

VIII. Provisions

1. 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

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

2. The following provisions are included by reference:

FAR 52.212-1 Instructions to Offerors-Commercial Items (FEB 2012)

FAR 52.212-3 Offeror Representations & Certifications–Commercial Items (DEC 2012)

3. FAR 52.209-5 Certification Regarding Responsibility Matters (APR 2010)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that—

(i) The Offeror and/or any of its Principals—

(A) Are are by any Federal agency;

(B) Have have not , within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation);

(C) Are are not presently indicted for, or otherwi by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision;

(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. § 6212, which entitles the taxpayer to seek

Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

https://www.acquisition.gov/far/current/html/52_207_211.html#wp1144964

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. § 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. § 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has has not , within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) “Principal,” for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror’s responsibility.

Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision.