NIHAO2008008RFPFinal.pdf

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NOTES TO OFFERORS

1. Questions concerning this request for proposals must be submitted in writing to LaDonna Stewart at lstewart@niaid.nih.gov no later than April 3, 2008 at 2:00pm local time. Questions submitted after this date and time may not be addressed.

2. Please submit Proposal Intent Sheets (Attachment 2) by April 10, 2008 at 11:00am local time.

3. Please note that page limit restrictions have been placed on technical proposals. See RFP and attachments for details. Any pages in the technical proposal exceeding these page limits will not be evaluated.

4. Proposals must be received by the Government by the date and time specified on Page 1. The delivery address is in a secure facility. PLEASE ALLOW ADEQUATE TIME TO GET YOUR PACKAGE

THROUGH SECURITY AND TO THE CONTRACTING OFFICER OR DESIGNEE BEFORE THE

TIME SPECIFIED ON PAGE 1.

mailto:lstewart@niaid.nih.gov

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OMB NO. 0990-0115

SOLICITATION

SECTION A - SOLICITATION/CONTRACT FORM

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

2. Request for Proposal (RFP) Number:

NIHAO2008008

3. Issue Date:

03/17/2008

4. Just in Time:

[X]No

[ ]Yes Part IV Section L

5. Set Aside:

[X]No

[ ]Yes Part IV Section L

6. Title : Housing and Maintenance of Non-Human Primates

7. ISSUED BY:

National Institutes of Health National Institute of Allergy & Infectious Diseases Office of Acquisitions, AMOB 10401 Fernwood Road Suite 2NE70 MSC4813 Bethesda, MD 20892-4813

8. SUBMIT OFFERS TO:

See Part III, Section J, "Packaging and Delivery of the Proposal," ATTACHMENT 1 of this Solicitation.

9. Proposals for furnishing the supplies and/or services in THE SCHEDULE will be received at the place specified in, and in the number of copies specified in Attachment 1, "Packaging and Delivery of the Proposal," until 2:00 pm local time on April 17, 2008. Offers will be valid for 120 days unless a different period is specified by the offeror on the Attachment entitled, "Proposal Summary and Data Record, NIH 2043.

10. THIS SOLICITATION REQUIRES DELIVERY OF PROPOSALS TO THE OFFICIAL POINT OF RECEIPT FOR

THE PURPOSE OF DETERMINING TIMELY DELIVERY AS STATED IN ATTACHMENT 1, "PACKAGING

AND DELIVERY OF THE PROPOSAL." IF YOUR PROPOSAL IS NOT RECEIVED BY THE CONTRACTING OFFICER OR HIS DESIGNEE AT THE PLACE AND TIME SPECIFIED, THEN IT WILL BE CONSIDERED LATE AND HANDLED IN ACCORDANCE WITH SUBPARAGRAPH (c)(3) OF FAR CLAUSE 52.215-1, ENTITLED, "INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION" LOCATED IN SECTION L.1.

OF THIS SOLICITATION.

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

12. FOR INFORMATION CALL: LaDonna Stewart

PHONE: 301-451-8117

e-MAIL: lstewart@niaid.nih.gov

COLLECT CALLS WILL NOT BE ACCEPTED.

The delivery address (Suite 2NE70) is located within a secured facility. PLEASE ALLOW ADEQUATE TIME

TO GET YOUR PACKAGE THROUGH THE SECURITY

POINT AND TO THE CONTRACTING OFFICER OR

DESIGNEE BEFORE THE SPECIFIED DUE DATE AND

TIME.

LaDonna Stewart Contract Specialist Office of Acquisitions National Institute of Allergy & Infectious Diseases http://www.ccr.gov http://www.ccr.gov

RFP Number : NIHAO2008008

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RFP TABLE OF CONTENTS

PART I - THE SCHEDULE

SECTION A - SOLICITATION/CONTRACT FORM

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

SECTION D - PACKAGING, MARKING AND SHIPPING

SECTION E - INSPECTION AND ACCEPTANCE

SECTION F - DELIVERIES OR PERFORMANCE

SECTION G - CONTRACT ADMINISTRATION DATA

SECTION H - SPECIAL CONTRACT REQUIREMENTS

PART II - CONTRACT CLAUSES

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS

SOLICITATION ATTACHMENTS

TECHNICAL PROPOSAL ATTACHMENTS

BUSINESS PROPOSAL ATTACHMENTS

INFORMATIONAL ATTACHMENTS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

1. GENERAL INFORMATION

a. INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION

b. NAICS CODE AND SIZE STANDARD

c. TYPE OF CONTRACT AND NUMBER OF AWARDS

d. ESTIMATE OF EFFORT

e. COMMITMENT OF PUBLIC FUNDS

f. COMMUNICATIONS PRIOR TO CONTRACT AWARD

g. RELEASE OF INFORMATION

h. COMPARATIVE IMPORTANCE OF PROPOSALS

i. PREPARATION COSTS

j. SERVICE OF PROTEST

2. INSTRUCTIONS TO OFFERORS

a. GENERAL INSTRUCTIONS

1. Contract Type and General Clauses

2. Authorized Official and Submission of Proposal

3. Proposal Summary and Data Record (NIH-2043)

4. Separation of Technical and Business Proposals

5. Alternate Proposals

6. Evaluation of Proposals

7. Potential Award Without Discussions

8. Use of the Metric System of Measurement

9. Privacy Act - Treatment of Proposal Information

10. Selection of Offerors

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11. Past Performance Information

12. Solicitation Provisions Incorporated by Reference

b. TECHNICAL PROPOSAL INSTRUCTIONS

1. Technical Discussions

2. Technical Evaluation

3. Additional Technical Proposal Information

4. Other Considerations

5. Care of Live Vertebrate Animals

6. Possession, Use and Transfer of Select Biological Agents or Toxins

c. BUSINESS PROPOSAL INSTRUCTIONS

1. Basic Cost/Price Information

2. Proposal Cover Sheet

3. Information Other than Cost or Pricing Data

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

5. Salary Rate Limitation in Fiscal Year 2007

6. Small Business Subcontracting Plan

7. HUBZone Small Business Concerns

8. Extent of Small Disadvantaged Business Participation

9. Total Compensation Plan

10. Qualifications of the Offeror

11. Other Administrative Data

12. Subcontractors

13. Proposer's Annual Financial Report

14. Representations and Certifications - SECTION K

15. Travel Costs/Travel Policy

16. Certification of Visas for Non-U.S. Citizens

SECTION M - EVALUATION FACTORS FOR AWARD

1. GENERAL

2. MANDATORY QUALIFICATION CRITERIA

3. EVALUATION OF OPTIONS

4. TECHNICAL EVALUATION CRITERIA

5. PAST PERFORMANCE FACTOR

6. EXTENT OF SMALL DISADVANTAGED BUSINESS PARTICIPATION

- 4 -

PART I - THE SCHEDULE

THE INFORMATION SET FORTH IN SECTION A - SOLICITATION/CONTRACT FORM, HEREIN CONTAINS IMPORTANT INFORMATION FOR ANY OFFEROR INTERESTED IN RESPONDING TO THIS SOLICITATION.

ANY CONTRACT RESULTING FROM THIS SOLICITATION WILL INCLUDE IN ITS SECTION A - SOLICITATION/ CONTRACT FORM, ACCOUNTING, APPROPRIATION AND GENERAL INFORMATION APPLICABLE TO THE

CONTRACT AWARD.

THE CONTRACT SCHEDULE SET FORTH IN SECTIONS B THROUGH H, HEREIN, CONTAINS CONTRACTUAL INFORMATION PERTINENT TO THIS SOLICITATION. IT IS NOT AN EXACT REPRESENTATION OF THE CONTRACT DOCUMENT THAT WILL BE AWARDED AS A RESULT OF THIS SOLICITATION. THE CONTRACT COST OR PRICE AND OTHER CONTRACTUAL PROVISIONS PERTINENT TO THE OFFEROR (i.e., those relating to the organizational structure [e.g., Non-Profit, Commercial] and specific cost authorizations unique to the Offeror's proposal and requiring Contracting Officer Prior Approval) WILL BE DISCUSSED IN THE NEGOTIATION PROCESS AND WILL BE INCLUDED IN THE RESULTANT CONTRACT. THE ENCLOSED CONTRACT SCHEDULE IS

INTENDED TO PROVIDE THE OFFEROR WITH THE NECESSARY INFORMATION TO UNDERSTAND THE

TERMS AND CONDITIONS OF THE RESULTANT CONTRACT.

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

ARTICLE B.1. BRIEF DESCRIPTION OF SUPPLIES OR SERVICES

The contractractor will be required to furnish all the necessary services, qualified personnel, materials, equipment, and facilities, not otherwise provided by the Government, to house, feed, and care for an estimated 300 non-human primates - with the option of increasing the number of animals up to a maximum of 500 over the full period of contract performance - for the purposes of intramural scientific research into the delineation of the pathogenesis of various infectious diseases. Non-human primates to be provided for by the contract include, but are not limited to the following species: Macaca mulatta, Macaca fasicularis, Macaca nemestrina, and any other combination of Old World and New World species.

ARTICLE B.2. PRICES/COSTS

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

Base Year Period of Performance: 07/01/2008 - 06/30/2009

CLIN Description of Service(s)

Qty Cost Fixed Fee Total Cost plus Fixed Fee

Base 0001 Care and Housing of Non-Human Primates

Option 0002 Care and Housing of Non-Human Primates

0003 Care and Housing of Non-Human Primates

0004 Care and Housing of Non-Human Primates

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CLIN Description of Service(s)

Qty Cost Fixed Fee Total Cost plus Fixed Fee

0005 Care and Housing of Non-Human Primates

ARTICLE B.3. OPTION PRICES

a. Unless the Government exercises its option pursuant to the option clause referenced in ARTICLE I.3. ADDITIONAL CONTRACT CLAUSES, this contract consists only of the Base Period specified in the Statement of Work as defined in SECTIONS C and F, for the price set forth in ARTICLE B.2. of this contract.

b. Pursuant to FAR Clause 52.217-8 set forth in ARTICLE I.3. ADDITIONAL CONTRACT CLAUSES of this contract, the Government may, by unilateral contract modification, require the Contractor to perform the Option Period(s) specified in the Statement of Work as defined in SECTIONS C and F of this contract. If the Government exercises this/these option(s), notice must be given before the expiration date of the contract. Specific information regarding the time frame for this notice is set forth in the OPTION PROVISION Article in SECTION H of this contract. The cost ceiling of this contract will be revised as set forth in paragraph c., below.

C. Upon the delivery and acceptance of the Option Item(s)/Service(s) described in SECTION C of the contract and identified in th schedule of charges below, the Government shall pay the Contractor the unit price(s) set forth below:

Option Year I - Period of Performance: 07/01/2009 - 06/30/2010

CLIN Description of Service(s)

Qty Cost Fixed Fee Total Cost plus Fixed Fee

Base 0001 Care and Housing of Non-Human Primates

Option 0002 Care and Housing of Non-Human Primates

0003 Care and Housing of Non-Human Primates

0004 Care and Housing of Non-Human Primates

0005 Care and Housing of Non-Human Primates

Option Year II - Period of Performance: 07/1/2010 - 06/30/2011

CLIN Description of Service(s)

Qty Cost Fixed Fee Total Cost plus Fixed Fee

Base 2001 Care and Housing of Non-Human Primates

Option

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CLIN Description of Service(s)

Qty Cost Fixed Fee Total Cost plus Fixed Fee

2002 Care and Housing of Non-Human Primates

2003 Care and Housing of Non-Human Primates

2004 Care and Housing of Non-Human Primates

2005 Care and Housing of Non-Human Primates

Option Year III - Period of Performance: 07/1/2011 - 06/30/2012

CLIN Description of Service(s)

Qty Cost Fixed Fee Total Cost plus Fixed Fee

Base 3001 Care and Housing of Non-Human Primates

Option 3002 Care and Housing of Non-Human Primates

3003 Care and Housing of Non-Human Primates

3004 Care and Housing of Non-Human Primates

3005 Care and Housing of Non-Human Primates

Option Year IV- Period of Performance: 07/1/2012 - 06/30/2013

CLIN Description of Service(s)

Qty Cost Fixed Fee Total Cost plus Fixed Fee

Base 4001 Care and Housing of Non-Human Primates

Option 4002 Care and Housing of Non-Human Primates

4003 Care and Housing of Non-Human Primates

4004 Care and Housing of Non-Human Primates

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CLIN Description of Service(s)

Qty Cost Fixed Fee Total Cost plus Fixed Fee

4005 Care and Housing of Non-Human Primates

ARTICLE B.4. PROVISIONS APPLICABLE TO DIRECT COSTS

This article will prohibit or restrict the use of contract funds, unless otherwise approved by the Contracting Officer. The following is a list of items that may be included in the resultant contract as applicable. 1) Acquisition, by purchase or lease, of any interest in real property; 2) Special rearrangement or alteration of facilities; 3) Purchase or lease of any item of general purpose office furniture or office equipment regardless of dollar value; 4) Travel Costs; 5) Consultant Costs; 6) Subcontract Costs; 7) Patient Care Costs; 8) Accountable Government Property; and 9) Research Funding.

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 - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

ARTICLE C.1. STATEMENT OF WORK

a. Independently and not as an agent of the Government, the Contractor shall be required to furnish all the necessary services, qualified personnel, material, equipment, and facilities, not otherwise provided by the Government, as needed to perform the Statement of Work, dated January 9, 2008, attached hereto and made a part of this Solicitation (See SECTION J - List of Attachments).

ARTICLE C.2. REPORTING REQUIREMENTS

All reports required herein shall be submitted in electronic format. In addition, one (1) hardcopy of each report shall be submitted to the Contracting Officer, unless otherwise specified.

a. Technical Progress Reports

1. In addition to the required reports set forth elsewhere in this Schedule, the preparation and submission of regularly recurring Technical Progress Reports will be required in any contract resulting from this solicitation. These reports will require descriptive information about the activities undertaken during the reporting period and will require information about planned activities for future reporting periods. The frequency and specific content of these reports will be determined prior to contract award.

For proposal preparation purposes only, it is estimated that in addition to the required electronic version(s) 2 hard copies of these reports will be required as follows:

[X]Monthly [ ]Quarterly [ ]Semi-Annually [ ]Annually [ ]Annually (with a requirement for a Draft Annual Report)

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[X]Final - Upon final completion of the contract [ ]Final - Upon final completion of the contract (with a requirement for a Draft Final Report)

2. Summary of Salient Results

The Contractor will be required to prepare and submit, with the final report, a summary (not to exceed 200 words) of salient results achieved during the performance of the contract. This report will be required on or before the expiration date of the contract.

All reports required herein shall be submitted in electronic format. In addition, one (1) hardcopy of each report shall be submitted to the Contracting Officer, unless otherwise specified.

SECTION D - PACKAGING, MARKING AND SHIPPING

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

ARTICLE D.1. PACKAGING

Frozen specimens are to be shipped on dry ice in a styrofoam container. Fresh specimens are to be shipped on wet ice in a styrofoam container.

ARTICLE D.2. SHIPPING

When required for delivery to the NIH, clinical specimens, drawn fresh daily from an animal, shall be delivered intact, on wet ice, to NIH, Building 40, Laboratory Animal Medicine, Vaccine Research Center, within 2 hours after having been drawn, by 11:00 A.M. on the day obtained in order to achieve optimal and maximum virus isolation and recovery rates. In most procedures, specimens shall be frozen at 70 C until delivery on dry ice.

Frozen specimens are to be shipped on dry ice in a styrofoam container. Fresh specimens are to be shipped on wet ice in styrofoam.

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, TBN is the authorized representative of the Contracting Officer.

c. Inspection and acceptance will be performed at:

The NIH facilities located in Bethesda, MD

Acceptance may be presumed unless otherwise indicated in writing by the Contracting Officer or the duly authorized representative within 30 days of receipt.

d. This contract incorporates the following clause by reference, with the same force and effect as if it were given in full text. Upon request, the Contracting Officer will make its full text available.

FAR Clause 52.246-5, Inspection of Services - Cost-Reimbursement (April 1984).

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SECTION F - DELIVERIES OR PERFORMANCE

ARTICLE F.1. PERIOD OF PERFORMANCE

a. The period of performance of this contract shall be from July 1, 2008 through June 30, 2009.

b. If the Government exercises its option(s) pursuant to the OPTION PROVISION Article in Section H of this contract, the period of performance will be increased as listed below:

Option Option Period

Contract Option Year I

July 1, 2009 through June 30, 2010 Contract Option Year II July 1, 2010 through June 30, 2011 Contract Option Year III July 1, 2011 through June 30, 2012 Contract Option Year IV July 1, 2012 through June 30, 2013

ARTICLE F.2. DELIVERIES

Satisfactory performance of the final contract shall be deemed to occur upon performance of the work described in the Statement of Work Article in SECTION C of this contract and upon delivery and acceptance by the Contracting Officer, or the duly authorized representative, of the following items in accordance with the stated delivery schedule:

a. The items specified below as described in the REPORTING REQUIREMENTS Article in SECTION C of this contract. will be required to be delivered F.o.b. Destination as set forth in FAR 52.247-35, F.o.b. DESTINATION, WITHIN CONSIGNEES PREMISES (APRIL 1984), and in accordance with and by the date(s) specified below [and any specifications stated in SECTION D, PACKAGING, MARKING AND SHIPPING, of this contract]:

Item Description Quantity Delivery Schedule

(1) Progress Report 2 Monthly

(2) Final Report 3 Contract Expiration Date

(3) Specimens As Needed As Required

b. The above items shall be addressed and delivered to:

Addressee Deliverable Item No Quantity

TBD TBD TBD

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) with Alternate I (April 1984).

52.247-35, F.o.b. Destination Within Consignees Premises (April 1984).

SECTION G - CONTRACT ADMINISTRATION DATA

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

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ARTICLE G.1. PROJECT OFFICER

The following Project Officer(s) will represent the Government for the purpose of this contract:

[To Be Specified Prior To Award]

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

The Contracting Officer is the only person with authority to act as agent of the Government under this contract. Only the Contracting Officer has authority to: (1) direct or negotiate any changes in the statement of work; (2) modify or extend the period of performance; (3) change the delivery schedule; (4) authorize reimbursement to the Contractor for any costs incurred during the performance of this contract; or (5) otherwise change any terms and conditions of this contract.

The Government may unilaterally change its Project Officer designation.

ARTICLE G.2. KEY PERSONNEL, HHSAR 352.270-5 (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 key personnel without the written consent of the Contracting Officer. The Government may modify the contract to add or delete key personnel at the request of the contractor or Government.

(End of Clause)

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

NAME

TITLE

[To be specified prior to award]

ARTICLE G.3. INVOICE SUBMISSION/CONTRACT FINANCING REQUEST

a. Invoice/Financing Request Instructions for NIH Cost-Reimbursement Type Contracts NIH(RC)-1 are attached and made part of this contract. The Contractor shall follow the attached instructions and submission procedures specified below to meet the requirements of a "proper invoice" pursuant to FAR Subpart 32.9, Prompt Payment.

1. Payment requests shall be submitted as follows:

a. One original to the following designated billing office:

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

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Bethesda, MD 20892-8500

b. One copy to the following approving official:

Contract Specialist Office of Acquisitions/AMOB National Institute of Allergy & Infectious Diseases, NIH 10401 Fernwood Road Room 2NE70

MSC 4813

BETHESDA, MD 20892- 4813

E-Mail: lstewart@niaid.nih.gov

The Contractor shall submit an electronic copy of the payment request to the approving official in lieu of a paper copy. The payment request shall be transmitted as an attachment via e-mail to the address listed above in a format compatible with the computer systems at NIH [e.g., MS Word, MS Excel, or Adobe Portable Document Format (PDF). [Note: The original payment request must still be submitted in hard copy and mailed to the designated billing office to meet the requirements of a "proper invoice."]

2. In addition to the requirements specified in FAR Subpart 32.9 for a proper invoice, the Contractor shall include the following information on all payment requests:

a. Name of the Office of Acquisitions. The Office of Acquisitions for this contract is NIAID .

b. Central Point of Distribution. For the purpose of this contract, the Central Point of Distribution is NIAIDOAInvoices .

c. Vendor Identification Number. This is the 7 digit number that appears after the Contractor's name in Block 7 of Standard Form 26.

d. DUNS number or DUNS+4 that identifies the Contractor's name and address exactly as stated on the face page of the contract.

e. Identification of whether payment is to be made using a two-way or three-way match. This contract requires a Two-Way match.

b. Inquiries regarding payment of invoices shall be directed to the designated billing office, (301) - 496-3878.

ARTICLE G.4. INDIRECT COST RATES

In accordance with Federal Acquisition Regulation (FAR) (48 CFR Chapter 1) Clause 52.216-7 (d)(2), Allowable Cost and Payment incorporated by reference in this contract in PART II, SECTION I, the cognizant Contracting Officer representative responsible for negotiating provisional and/or final indirect cost rates is identified as follows:

Director, Division of Financial Advisory Services Office of Acquisition Management and Policy National Institutes of Health 6100 Building, Room 6B05

6100 EXECUTIVE BLVD MSC-7540

BETHESDA MD 20892-7540

These rates are hereby incorporated without further action of the Contracting Officer.

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ARTICLE G.5. GOVERNMENT PROPERTY

If this RFP will result in the acquisition or use of Government Property provided by the contracting agency or if the Contracting Officer authorizes in the preaward negotiation process, the acquisition of property (other than real property), this ARTICLE will include applicable provisions and incorporate the HHS Publication, entitled, "Contractor's Guide for Control of Government Property," which can be found at:

http://knownet.hhs.gov/log/AgencyPolicy/HHSLogPolicy/contractorsguide.htm.

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

42.15. The final performance evaluation will be prepared at the time of completion of work. In addition to the final evaluation, interim evaluation(s) shall be submitted annually to coincide with the anniversary date of the contract.

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

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

b. Electronic Access to Contractor Performance Evaluations

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

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

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

SECTION H - SPECIAL CONTRACT REQUIREMENTS

ARTICLE H.1. HUMAN SUBJECTS

It is hereby understood and agreed that research involving human subjects shall not be conducted under this contract, and that no material developed, modified, or delivered by or to the Government under this contract, or any subsequent modification of such material, will be used by the Contractor or made available by the Contractor for use by anyone other than the Government, for experimental or therapeutic use involving humans without the prior written approval of the Contracting Officer.

ARTICLE H.2. NEEDLE EXCHANGE

a. Pursuant to Public Law(s) cited in paragraph b., below, contract funds shall not be used to carry out any program of distributing sterile needles or syringes for the hypodermic injection of any illegal drug.

b.

Public Law and Section No. Fiscal Year Period Covered

[applicable information to be included at award] http://knownet.hhs.gov/log/AgencyPolicy/HHSLogPolicy/contractorsguide.htm http://oamp.od.nih.gov/OD/CPS/cps.asp

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ARTICLE H.3. PRESS RELEASES

a. Pursuant to Public Law(s) cited in paragraph b., below, 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.

b.

ARTICLE H.4. ANTI -LOBBYING

a. Pursuant to Public Law(s) cited in paragraph c., below, contract funds shall only be used for normal and recognized executive-legislative relationships. Contract funds shall not be used, for publicity or propaganda purposes; or for 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.

b. Contract funds shall not be used to pay 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.

c.

ARTICLE H.5. ANIMAL WELFARE

All research involving live, vertebrate animals shall be conducted in accordance with the Public Health Service Policy on Humane Care and Use of Laboratory Animals. This policy may be accessed at:

http://grants1.nih.gov/grants/olaw/references/phspol.htm.

ARTICLE H.6. INTRODUCTION OF RODENTS AND RODENT PRODUCTS

No rodent or rodent product shall be delivered into the NIH, NIAID environment (NIH) directly, or through collaborative research or holding facilities under contract to NIAID except by permit. Direct shipments to NIH from a Division of Veterinary Resources (DVR), Office of Research Services (ORS) approved source will be considered exempt. Non-exempt sources must be approved by permit issued through the DVR, ORS. The permit must be obtained by the Contractor prior to the shipment to NIH of the rodents and/or rodent products. The Contractor must be sure that this permit exists and is current before transferring rodents or rodent products into the NIH, NIAID environment. Refusal or negligence to do so will be considered a material breach of contract and may be treated as any other such material breach. Applications for permits should be submitted by facsimile not less than 30 days prior (60 days in situations where quarantine is likely) to shipping date to: NIH Division of Veterinary Resources (DVR), Office of Research http://grants1.nih.gov/grants/olaw/references/phspol.htm

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Services (ORS), Building 14G, Service Rd. South, Room 102, BETHESDA MD 20892-5210, (301)496-2527, FAX:

(301) 402-0352.

ARTICLE H.7. PROTECTION OF PERSONNEL WHO WORK WITH NONHUMAN PRIMATES

All contractor personnel who work with nonhuman primates or enter rooms or areas containing nonhuman primates shall comply with the procedures set forth in NIH Policy Manual 3044-2, entitled, "Protection of NIH Personnel Who Work with Nonhuman Primates," located at the following URL:

http://www1.od.nih.gov/oma/manualchapters/intramural/3044-2/

ARTICLE H.8. 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 52.217-9, Option to Extend the Term of the Contract 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 estimated cost plus fixed fee of the contract will be increased as set forth in the OPTION PRICES Article in SECTION B of this contract.

ARTICLE H.9. SUBCONTRACTING PROVISIONS

a. Small Business Subcontracting Plan

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

2. The failure of any Contractor or subcontractor to comply in good faith with FAR Clause 52.219-8, entitled "Utilization of Small Business Concerns" incorporated in this contract and the attached Subcontracting Plan, will be a material breach of such contract or subcontract and subject to the remedies reserved to the Government under FAR Clause 52.219-16 entitled, "Liquidated Damages-Subcontracting Plan."

b. Subcontracting Reports

The Contractor shall submit the following Subcontracting reports electronically via the "electronic Subcontracting Reporting System (eSRS) at http://www.esrs.gov.

1. Individual Subcontract Reports (ISR)

Regardless of the effective date of this contract, the Report shall be submitted on the following dates for the entire life of this contract:

April 30th October 30th

2. Summary Subcontract Report (SSR)

Regardless of the effective date of this contract, the Summary Subcontract Report shall be submitted annually on the following date for the entire life of this contract:

October 30th

For both the Individual and Summary Subcontract Reports, the Contract Specialist shall be included as a contact for notification purposes at the following e-mail address:

lstewart@niaid.nih.gov Contract Specialist http://www1.od.nih.gov/oma/manualchapters/intramural/3044-2/ http://www.esrs.gov/

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ARTICLE H.10. SALARY RATE LIMITATION LEGISLATION PROVISIONS

a. Pursuant to the P.L.(s) cited in paragraph b., below, no NIH Fiscal Year funds may be used to pay the direct salary of an individual through this contract at a rate in excess of the applicable amount shown or the applicable Executive Level for the fiscal year covered. Direct salary is exclusive of fringe benefits, overhead and general and administrative expenses (also referred to as "indirect costs" or "facilities and administrative (F & A) costs").

Direct salary has the same meaning as the term "institutional base salary." An individual's direct salary (or institutional base salary) is the annual compensation that the contractor pays for an individual's appointment whether that individual's time is spent on research, teaching, patient care or other activities. Direct salary (or institutional base salary) excludes any income that an individual may be permitted to earn outside of duties to the contractor. The annual salary rate limitation also applies to individuals proposed under subcontracts. It does not apply to fees paid to consultants. If this is a multiple year contract, it may be subject to unilateral modifications by the Government if an individual's salary rate used to establish contract funding exceeds any salary rate limitation subsequently established in future HHS appropriation acts.

b.

Public Law and Section No.* Fiscal Year* Dollar Amount of

Salary Limitation*

c. Payment of direct salaries is limited to the Executive Level rate which was in effect on the date(s) the expense was incurred.

[*Applicable information to be included at award]

ARTICLE H.11. PUBLICATION AND PUBLICITY

In addition to the requirements set forth in HHSAR Clause 352.270-6, Publications and Publicity incorporated by reference in SECTION I of this contract, the contractor shall acknowledge the support of the National Institutes of Health whenever publicizing the work under this contract in any media by including an acknowledgment substantially as follows:

"This project has been funded in whole or in part with Federal funds from the National Institute of Allergy & Infectious Diseases, National Institutes of Health, Department of Health and Human Services, under Contract No. TBD"

ARTICLE H.12. REPORTING MATTERS INVOLVING FRAUD, WASTE AND ABUSE

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

Office of Inspector General Department of Health and Human Services

TIPS HOTLINE

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

ARTICLE H.13. POSSESSION USE AND TRANSFER OF SELECT BIOLOGICAL AGENTS OR

TOXINS

The contractor shall not conduct work involving select agents or toxins under this contract until it and any associated subcontractor(s) comply with the following:

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For prime or subcontract awards to domestic institutions that possess, use, and/or transfer Select Agents under this contract, the institution must comply with the provisions of 42 CFR part 73, 7 CFR part 331, and/or 9 CFR part 121 ( http://www.aphis.usda.gov/programs/ag_selectagent/FinalRule3-18-05.pdf ) as required, before using NIH funds for research involving Select Agents. No NIH funds can be used for research involving Select Agents if the final registration certificate is denied.

For prime or subcontract awards to foreign institutions that possess, use, and/or transfer Select Agents under this contract, before using NIH funds for any work directly involving the Select Agents, the foreign institution must provide information satisfactory to the NIAID, NIH that safety, security, and training standards equivalent to those described in 42 CFR part 73, 7 CFR part 331, and/or 9 CFR part 121 at:

( http://www.aphis.usda.gov/programs/ag_selectagent/FinalRule3-18-05.pdf) are in place and will be administered on behalf of all Select Agent work sponsored by these funds. The process for making this determination includes inspection of the foreign laboratory facility by an NIAID representative. During this inspection, the foreign institution must provide the following information: concise summaries of safety, security, and training plans; names of individuals at the foreign institution who will have access to the Select Agents and procedures for ensuring that only approved and appropriate individuals, in accordance with institution procedures, will have access to the Select Agents under the contract; and copies of or links to any applicable laws, regulations, policies, and procedures applicable to that institution for the safe and secure possession, use, and/or transfer of select agents. An NIAID-chaired committee of U.S. federal employees (including representatives of NIH grants/contracts and scientific program management, CDC, Department of Justice and other federal intelligence agencies, and Department of State) will ultimately assess the results of the laboratory facility inspection, and the regulations, policies, and procedures of the foreign institution for equivalence to the U.S. requirements described in 42 CFR part 73, 7 CFR part 331, and/or 9 CFR part 121 ( http://www.aphis.usda.gov/ programs/ag_selectagent/FinalRule3-18-05.pdf). The committee will provide recommendations to the DEA Director, NIAID. The DEA Director will make the approval decision and notify the Contracting Officer.

The Contracting Officer will inform the prime contractor of the approval status of the foreign institution. No NIH funds can be used for research involving Select Agents at a foreign institution until NIAID grants this approval.

Listings of HHS select agents and toxins, and overlap select agents or toxins as well as information about the registration process for domestic institutions, are available on the Select Agent Program Web site at http:// www.cdc.gov/od/sap/ and http://www.cdc.gov/od/sap/docs/salist.pdf. Listings of USDA select agents and toxins as well as information about the registration process for domestic institutions are available on the APHIS/USDA website at: http://www.aphis.usda.gov/programs/ag_selectagent/index.html and:

http://www.aphis.usda.gov/programs/ag_selectagent/ag_bioterr_forms.html For foreign institutions, see the NIAID Select Agent Award information:

( http://www.niaid.nih.gov/ncn/clinical/default_biodefense.htm).

http://www.aphis.usda.gov/programs/ag_selectagent/FinalRule3-18-05.pdf http://www.aphis.usda.gov/programs/ag_selectagent/FinalRule3-18-05.pdf http://www.aphis.usda.gov/programs/ag_selectagent/FinalRule3-18-05.pdf http://www.aphis.usda.gov/programs/ag_selectagent/FinalRule3-18-05.pdf http://www.cdc.gov/od/sap/ http://www.cdc.gov/od/sap/ http://www.cdc.gov/od/sap/docs/salist.pdf http://www.aphis.usda.gov/programs/ag_selectagent/index.html http://www.aphis.usda.gov/programs/ag_selectagent/ag_bioterr_forms.html http://www.niaid.nih.gov/ncn/clinical/default_biodefense.htm

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PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

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

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

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

CONTRACT(S) AWARDED FROM THIS RFP:

The complete listing of these clauses may be accessed at:

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

General Clauses for a Cost-Reimbursement Service Contract

Reg Clause Date Clause Title FAR 52.202-1 Jul 2004 Definitions (Over $100,000) FAR 52.203-3 Apr 1984 Gratuities (Over $100,000) FAR 52.203-5 Apr 1984 Covenant Against Contingent Fees (Over $100,000) FAR 52.203-6 Sep 2006 Restrictions on Subcontractor Sales to the Government (Over $100,000) FAR 52.203-7 Jul 1995 Anti-Kickback Procedures (Over $100,000) FAR 52.203-8 Jan 1997 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper

Activity (Over $100,000) FAR 52.203-10 Jan 1997 Price or Fee Adjustment for Illegal or Improper Activity (Over $100,000) FAR 52.203-12 Sep 2007 Limitation on Payments to Influence Certain Federal Transactions (Over

$100,000) FAR 52.204-4 Aug 2000 Printed or Copied Double-Sided on Recycled Paper (Over $100,000) FAR 52.204-7 Jul 2006 Central Contractor Registration FAR 52.204-10 Sep 2007 Reporting Subcontract Awards ($500,000,000 or more) FAR 52.209-6 Sep 2006 Protecting the Government's Interests When Subcontracting With

Contractors Debarred, Suspended, or Proposed for Debarment (Over $30,000)

FAR 52.215-2 Jun 1999 Audit and Records - Negotiation (Over $100,000) FAR 52.215-8 Oct 1997 Order of Precedence - Uniform Contract Format FAR 52.215-10 Oct 1997 Price Reduction for Defective Cost or Pricing Data (Over $650,000) FAR 52.215-12 Oct 1997 Subcontractor Cost or Pricing Data (Over $650,000) FAR 52.215-15 Oct 2004 Pension Adjustments and Asset Reversions FAR 52.215-18 Jul 2005 Reversion or Adjustment of Plans for Post-Retirement Benefits (PRB) other than Pensions FAR 52.215-19 Oct 1997 Notification of Ownership Changes FAR 52.215-21 Oct 1997 Requirements for Cost or Pricing Data or Information Other Than Cost or

Pricing Data - Modifications FAR 52.216-7 Dec 2002 Allowable Cost and Payment FAR 52.216-8 Mar 1997 Fixed Fee FAR 52.219-8 May 2004 Utilization of Small Business Concerns (Over $100,000) FAR 52.219-9 Nov 2007 Small Business Subcontracting Plan (Over $550,000, $1,000,000 for

Construction) FAR 52.219-16 Jan 1999 Liquidated Damages - Subcontracting Plan (Over $550,000, $1,000,000 for Construction) http://rcb.cancer.gov/rcb-internet/appl/general-clauses/clauses.jsp

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FAR 52.222-2 Jul 1990 Payment for Overtime Premium (Over $100,000) (Note: The dollar amount in paragraph (a) of this clause is $0 unless otherwise specified in the contract.)

FAR 52.222-3 Jun 2003 Convict Labor FAR 52.222-21 Feb 1999 Prohibition of Segregated Facilities FAR 52.222-26 Mar 2007 Equal Opportunity FAR 52.222-35 Sep 2006 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam

Era, and Other Eligible Veterans (Over $100,000) FAR 52.222-36 Jun 1998 Affirmative Action for Workers with Disabilities FAR 52.222-37 Sep 2006 Employment Reports on Special Disabled Veterans, Veterans of the

Vietnam Era, and Other Eligible Veterans (Over $100,000) FAR 52.222-50 Aug 2007 Combating Trafficking in Persons FAR 52.223-6 May 2001 Drug-Free Workplace FAR 52.223-14 Aug 2003 Toxic Chemical Release Reporting (Over $100,000) FAR 52.225-1 Jun 2003 Buy American Act - Supplies FAR 52.225-13 Feb 2006 Restrictions on Certain Foreign Purchases FAR 52.227-1 Dec 2007 Authorization and Consent FAR 52.227-2 Dec 2007 Notice and Assistance Regarding Patent and Copyright Infringement FAR 52.227-14 Dec 2007 Rights in Data - General FAR 52.232-9 Apr 1984 Limitation on Withholding of Payments FAR 52.232-17 Jun 1996 Interest (Over $100,000) FAR 52.232-20 Apr 1984 Limitation of Cost FAR 52.232-23 Jan 1986 Assignment of Claims FAR 52.232-25 Oct 2003 Prompt Payment, Alternate I (Feb 2002) FAR 52.232-33 Oct 2003 Payment by Electronic Funds Transfer--Central Contractor Registration FAR 52.233-1 Jul 2002 Disputes FAR 52.233-3 Aug 1996 Protest After Award, Alternate I (Jun 1985) FAR 52.233-4 Oct 2004 Applicable Law for Breach of Contract Claim FAR 52.242-1 Apr 1984 Notice of Intent to Disallow Costs FAR 52.242-3 May 2001 Penalties for Unallowable Costs (Over $650,000) FAR 52.242-4 Jan 1997 Certification of Final Indirect Costs FAR 52.242-13 Jul 1995 Bankruptcy (Over $100,000) FAR 52.243-2 Aug 1987 Changes - Cost Reimbursement, Alternate I (Apr 1984) FAR 52.244-2 Jun 2007 Subcontracts, Alternate I (June 2007) FAR 52.244-5 Dec 1996 Competition in Subcontracting (Over $100,000) FAR 52.244-6 Mar 2007 Subcontracts for Commercial Items FAR 52.245-1 Jun 2007 Government Property FAR 52.245-9 Jun 2007 Use and Charges FAR 52.246-25 Feb 1997 Limitation of Liability - Services (Over $100,000) FAR 52.249-6 Sep 1996 Termination (Cost-Reimbursement) FAR 52.249-14 Apr 1984 Excusable Delays FAR 52.253-1 Jan 1991 Computer Generated Forms HHSAR 352.202-1 Jan 2006 Definitions - with Alternate paragraph (h) (Jan 2006) HHSAR 352.216-72 Jan 2006 Additional Cost Principles HHSAR 352.228-7 Dec 1991 Insurance - Liability to Third Persons HHSAR 352.232-9 Jan 2006 Withholding of Contract Payments HHSAR 352.233-70 Jan 2006 Litigation and Claims HHSAR 352.242-71 Apr 1984 Final Decisions on Audit Findings HHSAR 352.270-5 Jan 2006 Key Personnel HHSAR 352.270-6 Jan 2006 Publications and Publicity HHSAR 352.270-10 Jan 2006 Anti-Lobbying (Over $100,000)

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[End of GENERAL CLAUSES FOR A COST-REIMBURSEMENT SERVICE CONTRACT - Rev. 12/2007].

ARTICLE I.2. AUTHORIZED SUBSTITUTIONS OF CLAUSES

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

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

a. Alternate I (October 1997) of FAR Clause 52.215-14, Integrity of Unit Prices (October 1997) is added.

b. Alternate II (October 2001) of FAR Clause 52.219-9, Small Business Subcontracting Plan (September 2006) is added.

ARTICLE I.3. ADDITIONAL CONTRACT CLAUSES

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

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

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

1. FAR Clause 52.217-7, Option for Increased Quantity - Separately Priced Line Item (March 1989).

"....The Contracting Officer may exercise the option by written notice to the Contractor within 30 days... "

2. FAR Clause 52.217-8, Option to Extend Services (November 1999).

"..The Contracting Officer may exercise the option by written notice to the Contractor within 60 days."

3. FAR Clause 52.217-9, Option to Extend the Term of the Contract (March 2000).

"(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; 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."

"c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 66 MONTHS."

4. FAR Clause 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting (October 1999).

5. FAR Clause 52.230-2, Cost Accounting Standards (April 1998).

6. FAR Clause 52.230-3, Disclosure and Consistency of Cost Accounting Practices (April 1998).

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7. FAR Clause 52.230-6, Administration of Cost Accounting Standards (April 2005).

8. FAR Clause 52.232-18, Availability of Funds (April 1984).

9. FAR Clause 52.237-3, Continuity of Services (January 1991).

10. FAR Clause 52.251-1, Government Supply Sources (April 1984).

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

3) CLAUSES:

1. HHSAR Clause 352.223-70, Safety and Health (January 2006).

2. HHSAR Clause 352.270-9(b), Care of Live Vertebrate Animals (January 2006).

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

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

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

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

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

This contract incorporates the following clauses in full text.

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

a. FAR Clause 52.219-28, Post-Award Small Business Program Representation (June 2007).

(a) Definitions. As used in this clause--

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause.

(b) If the Contractor…

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