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NIHAO2015028
SOLICITATION, OFFER AND AWARD
4. TYPE OF SOLICITATION2. CONTRACT NUMBER 3. SOLICITATION NUMBER
7. ISSUED BY CODE 8. ADDRESS OFFER TO (If other than Item 7)
ORDER UNDER DPAS (15 CFR 700)
6. REQUISITION/PURCHASE NUMBER
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
NEGOTIATED (RFP)
SEALED BID (IFB)
5. DATE ISSUED
1. THIS CONTRACT IS A RATED RATING PAGE OF PAGES
1 44
C. E-MAIL ADDRESS
EXT.NUMBERAREA CODE
B. TELEPHONE (NO COLLECT CALLS)A. NAME
10. FOR
INFORMATION
CALL:
CAUTION: LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.
(Date)(Hour) local timeuntildepository located in copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if hand carried, in the
SOLICITATION
9. Sealed offers in original and
PART IV - REPRESENTATIONS AND INSTRUCTIONS
OTHER STATEMENTS OF OFFERORS
EVALUATION FACTORS FOR AWARD
INSTRS., CONDS., AND NOTICES TO OFFERORS
REPRESENTATIONS, CERTIFICATIONS AND
LIST OF ATTACHMENTS
CONTRACT CLAUSES
PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.
I
J
K
L
M SPECIAL CONTRACT REQUIREMENTS
CONTRACT ADMINISTRATION DATA
DELIVERIES OR PERFORMANCE
INSPECTION AND ACCEPTANCE
PACKAGING AND MARKING
DESCRIPTION/SPECS./WORK STATEMENT
SUPPLIES OR SERVICES AND PRICES/COSTS
SOLICITATION/CONTRACT FORM
PART II - CONTRACT CLAUSESPART I - THE SCHEDULE
H
G
F
E
D
C
B
A
SEC. DESCRIPTION PAGE(S) (X) DESCRIPTION SEC. (X)
11. TABLE OF CONTENTS
18. OFFER DATE17. SIGNATURE
SUCH ADDRESS IN SCHEDULE.
IS DIFFERENT FROM ABOVE - ENTER
15C. CHECK IF REMITTANCE ADDRESS
EXT.NUMBERAREA CODE
15B. TELEPHONE NUMBER
(Type or print)AND
ADDRESS
OF
OFFEROR
CODE FACILITY
16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER15A. NAME
DATEAMENDMENT NO.DATEAMENDMENT NO.
and related documents numbered and dated):
amendments to the SOLICITATION for offerors
(The offeror acknowledges receipt of
14. ACKNOWLEDGEMENT OF AMENDMENTS
CALENDAR DAYS (%)30 CALENDAR DAYS (%)20 CALENDAR DAYS (%)10 CALENDAR DAYS (%)
(See Section I, Clause No. 52.232.8)
13. DISCOUNT FOR PROMPT PAYMENT
designated point(s), within the time specified in the schedule.
by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the
12. In compliance with the above, the undersigned agrees, if this offer is accepted within ______________ calendar days (60 calendar days unless a different period is inserted
NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.
OFFER (Must be fully completed by offeror)
IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.
28. AWARD DATE
(Signature of Contracting Officer)
27. UNITED STATES OF AMERICA
25. PAYMENT WILL BE MADE BY
26. NAME OF CONTRACTING OFFICER (Type or print)
CODE 24. ADMINISTERED BY (If other than Item 7)
ITEM
(4 copies unless otherwise specified)
23. SUBMIT INVOICES TO ADDRESS SHOWN IN
41 U.S.C. 253 (c) ( 10 U.S.C. 2304 (c) (
22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:
21. ACCOUNTING AND APPROPRIATION20. AMOUNT19. ACCEPTED AS TO ITEMS NUMBERED
AWARD (To be completed by government)
CODE
04/10/2015 X
IO-NIAID
National Institutes of Health National Institute of Allergy and Infectious Diseases Bethesda, MD 20892-7612
1300 ET 05/09/2015
CAROLYN L WILDER 240
cw305r@nih.gov
669-5620
X
X
X
X
X
X
X
X
X
X
X
X
X
PAGE(S)
DIXIE HARPER
AUTHORIZED FOR LOCAL REPRODUCTION
Previous edition is unusable
STANDARD FORM 33 (Rev. 9-97)
Prescribed by GSA - FAR (48 CFR) 53.214(c)
3-4
9-11 12-13
14-18
19-20
22-42
43-44
RFP Number : NIHAO2015028
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RFP TABLE OF CONTENTS
PART I - THE SCHEDULE
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. PERFORMANCE BASED ACQUISITION
e. COMMITMENT OF PUBLIC FUNDS
f. COMMUNICATIONS PRIOR TO CONTRACT AWARD
g. RELEASE OF INFORMATION
h. PREPARATION COSTS
i. 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. Standards for Privacy of Individually Identifiable Health Information
10. Privacy Act - Treatment of Proposal Information
11. Selection of Offerors
12. ROTC Access and Federal Military Recruiting on Campus
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13. Past Performance Information
14. Solicitation Provisions Incorporated by Reference
b. TECHNICAL PROPOSAL INSTRUCTIONS
1. Technical Discussions
2. Other Considerations
3. Technical Evaluation
4. Care of Live Vertebrate Animals
c. BUSINESS PROPOSAL INSTRUCTIONS
1. Basic Cost/Price Information
2. Proposal Cover Sheet
3. Information Other than Cost or Pricing Data
4. Small Business Subcontracting Plan
5. HUBZone Small Business Concerns
6. Other Administrative Data
7. Qualifications of the Offeror
8. Subcontractors
9. Proposer's Annual Financial Report
10. Travel Costs/Travel Policy
SECTION M - EVALUATION FACTORS FOR AWARD
1. GENERAL
2. EVALUATION OF OPTIONS
3. TECHNICAL EVALUATION FACTORS
4. PAST PERFORMANCE FACTOR
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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
Independently, and not as an agency of the Government the contractor shall furnish all necessary services, qualified personnel, materials, equipment and facilities, not otherwise provide by the government, to furnish Brugia Malayi Adult Worms and/or Brugia Malayi Infective Larave.
ARTICLE B.2. PRICES/COSTS
The final contract will contain the price/cost provisions agreed upon by the Government and the Offeror.
Base Year Quantity Unit Price Unit Total Price of Base Year
7/1/2015 - 6/30/2015 100,000 $ EA $
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 52.217-9 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 fixed price of this contract will be increased as set forth in paragraph c., below.
c. Upon the delivery and acceptance of the Option Servicedescribed in SECTION C of the contract and identified in the schedule of charges below, the Government shall pay the Contractor the unit price(s) set forth below:
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Option Year Quantity Unit Price Unit Total price of Options
I - 7/1/2016 - 6/30/2017 100,000 $ EA $
Total for Option $
ARTICLE B.4. 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.
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SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT
ARTICLE C.1. [DESCRIPTION-SPECIFICATION-WORKSTATEMENT-STATEMENT OF WORK]
a. Independently and not as an agent of the Government, the Contractor shall be required to furnish all the necessary services, qualified personnel, material, equipment, and facilities, not otherwise provided by the Government, as needed to perform the Statement of Work, dated December 15, 2014, 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.
All electronic reports submitted shall be compliant with Section 508 of the Rehabilitation Act of 1973. Additional information about testing documents for Section 508 compliance, including guidance and specific checklists, by application, can be found at: http://www.hhs.gov/web/508/index.html under "Making Files Accessible."
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. [Note: Beginning May 25, 2008, the Contractor shall include the applicable PubMed Central or NIH Manuscript Submission reference number when citing publications that arise from its NIH funded research.]
For proposal preparation purposes only, it is estimated that in addition to the required electronic version(s) 0 hard copies of these reports will be required as follows:
[ ] Monthly [X] Quarterly [ ] Semi-Annually [ ] Annually [ ] Annually (with a requirement for a Draft Annual Report) [ ] Final - Upon final completion of the contract [ ] Final - Upon final completion of the contract (with a requirement for a Draft Final Report) http://www.hhs.gov/web/508/index.html
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SECTION D - PACKAGING, MARKING AND SHIPPING
ARTICLE D.1. PACKAGING
Pursuant to Section C entitled Description/specifications, all material shall be package to guarantee that all required materials shall be delivered in usable and acceptable conditions to the Contracting Officer's Technical Representative or his designee of the National Institutes of Health (NIH). Frozen materials shall be packages on dry ice in a study, well insulated container. Live infective larvae shall be packaged to avoid breakage of the container and spillage of the contents.
ARTICLE D.2. MARKING
Unless other specified, standard commercial marking shall be used. Exterior shipping containers shall be marked, labeled or tagged as applicable and shall include: (a) Contractor's name and address, (b) contract number and (c) total number of cartons in shipment (e.g. 1 of 3, or 2 of 3, etc.)
ARTICLE D.3. SHIPPING
All materials shall be shipped via air freight to the Contracting Officer's Technical Representative or his designee at the National Institutes of Health (NIH). Immediately before each shipment, the Contractor shall provide to NIH Contracting Officer's Technical Representative the following information via phone or email: air bill number, fight and date of arrival.
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SECTION E - INSPECTION AND ACCEPTANCE
a. The Contracting Officer or the duly authorized representative will perform inspection and acceptance of materials and services to be provided.
b. For the purpose of this SECTION, TBD is the authorized representative of the Contracting Officer.
c. Inspection and acceptance will be performed at:
TBD
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 52.246-4, Inspection of Services - Fixed Price (August 1996).
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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, 2015 through June 30, 2016.
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 I July 1, 2016 - June 30, 2017
ARTICLE F.2. DELIVERIES
Satisfactory performance of the final contract shall be deemed to occur upon performance of the work described in the Description 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) Infective Larvae 1.000 yearly
(2) Adult Male 2,000 yearly
(3) Adult Female 2,000 yearly
(4) Microfilariae 95,000 yearly
(5) Progress Report 4 quarterly
b. The above items shall be addressed and delivered to:
Addressee Deliverable Item No Quantity
TBD (1) 1,000
TBD (2) 2,000
TBD (3) 2,000
TBD (4) 95,000
TBD (5) 4
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/far .
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSE:
52.242-15, Stop Work Order (August 1989)
Alternate I (April 1984) is not applicable to this contract.
52.242-17, Government Delay of Work (April 1984).
http://www.acquisition.gov/far
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SECTION G - CONTRACT ADMINISTRATION DATA
ARTICLE G.1. CONTRACTING OFFICER'S REPRESENTATIVE (COR)
The following Contracting Officer's Representative (COR) will represent the Government for the purpose of this contract:
"[To be speacified prior to award]"
The COR is responsible for: (1) monitoring the Contractor's technical progress, including the surveillance and assessment of performance and recommending to the Contracting Officer changes in requirements; (2) interpreting the statement of work and any other technical performance requirements; (3) performing technical evaluation as required; (4) performing technical inspections and acceptances required by this contract; and (5) assisting in the resolution of technical problems encountered during performance.
The Government may unilaterally change its COR designation.
ARTICLE G.2. KEY PERSONNEL, HHSAR 352.242-70 (January 2006)
The key personnel specified in this contract are considered to be essential to work performance. At least 30 days prior to diverting any of the specified individuals to other programs or contracts (or as soon as possible, if an individual must be replaced, for example, as a result of leaving the employ of the Contractor), the Contractor shall notify the Contracting Officer and shall submit comprehensive justification for the diversion or replacement request (including proposed substitutions for key personnel) to permit evaluation by the Government of the impact on performance under this contract. The Contractor shall not divert or otherwise replace any 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
Principle-Investigator
a. Inquiries regarding payment of invoices shall be directed to the designated billing office, (301) 496-6452.
ARTICLE G.3. INVOICE SUBMISSION
a. Invoice Instructions for NIH Fixed-Price Type Contracts, NIH(RC)-2, are attached and made part of this contract.
The Contractor shall follow the attached instructions and submission procedures specified below to meet the requirements of a "proper invoice" pursuant to FAR Subpart 32.9, Prompt Payment.
1. Payment requests shall be submitted to the offices identified below. Do not submit supporting documentation (e.g., receipts, time sheets, vendor invoices, etc.) with your payment request unless specified elsewhere in the contract or requested by the Contracting Officer.
a. The original invoice shall be submitted to the following designated billing office:
National Institutes of Health Office of Financial Management
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Commercial Accounts 2115 East Jefferson Street, Room 4B-432, MSC 8500 Bethesda, MD 20892-8500
b. One electronic copy of the invoice shall be submitted to the following approving official:
Contracting Officer Office of Acquisitions National Institute of Allergy and Infectious Diseases 5601 Fisher Lane Room 3B34, MSC 20817 Rockville, MD 20817
E-mail:cwilder@niaid.nih.gov
The Contractor shall submit an electronic copy of the payment request to the approving official instead of a paper copy. The payment request shall be transmitted as an attachment via e-mail to the address listed above in one of the following formats: MSWord, MS Excel, or Adobe Portable Document Format (PDF). Only one payment request shall be submitted per e-mail and the subject line of the e-mail shall include the Contractor's name, contract number, and unique invoice number.
[Note: The original payment request must still be submitted in hard copy and mailed to the designated billing office to meet the requirements of a "proper invoice."]
Central Point of Distribution:
2. In addition to the requirements specified in FAR 32.905 for a proper invoice, the Contractor shall include the following information on the face page of all payment requests:
a. Name of the Office of Acquisitions. The Office of Acquisitions for this contract is National Institutes of Allergy and Infectious Diseases .
b. Federal Taxpayer Identification Number (TIN). If the Contractor does not have a valid TIN, it shall identify the Vendor Identification Number (VIN) on the payment request. The VIN is the number that appears after the Contractor's name on the face page of the contract. [Note: A VIN is assigned to new contracts awarded on or after June 4, 2007, and any existing contract modified to include the VIN number.] If the Contractor has neither a TIN, DUNS, or VIN, contact the Contracting Officer.
c. DUNS or DUNS+4 Number. The DUNS number must identify the Contractor's name and address exactly as stated in the contract and as registered in the Central Contractor Registration (CCR) database. If the Contractor does not have a valid DUNS number, it shall identify the Vendor Identification Number (VIN) on the payment request. The VIN is the number that appears after the Contractor's name on the face page of the contract. [Note: A VIN is assigned to new contracts awarded on or after June 4, 2007, and any existing contract modified to include the VIN number.] If the Contractor has neither a TIN, DUNS, or VIN, contact the Contracting Officer.
d. Invoice Matching Option. This contract requires a two-way match.
e. Unique Invoice Number. Each payment request must be identified by a unique invoice number, which can only be used one time regardless of the number of contracts or orders held by an organization.
b. Inquiries regarding payment of invoices shall be directed to the designated billing office, (301) 496-6452.
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ARTICLE G.4. 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, "HHS Contracting Guide for Contract of Government Property," which can be found at: http://oamp.od.nih.gov/sites/default/ files/appendix_q_hhs_contracting_guide.pdf.
ARTICLE G.5. 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 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 may access evaluations through a secure Web site for review and comment at the following address:
http://www.cpars.gov http://oamp.od.nih.gov/sites/default/files/appendix_q_hhs_contracting_guide.pdf http://oamp.od.nih.gov/sites/default/files/appendix_q_hhs_contracting_guide.pdf http://www.cpars.gov
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SECTION H - SPECIAL CONTRACT REQUIREMENTS
ARTICLE H.1. NEEDLE DISTRIBUTION
The Contractor shall not use contract funds to carry out any program of distributing sterile needles or syringes for the hypodermic injection of any illegal drug.
ARTICLE H.2. ACKNOWLEDGEMENT OF FEDERAL FUNDING
The Contractor shall clearly state, when issuing statements, press releases, requests for proposals, bid solicitations and other documents describing projects or programs funded in whole or in part with Federal money: (1) the percentage of the total costs of the program or project which will be financed with Federal money; (2) the dollar amount of Federal funds for the project or program; and (3) the percentage and dollar amount of the total costs of the project or program that will be financed by nongovernmental sources.
ARTICLE H.3. CARE OF LIVE VERTEBRATE ANIMALS, HHSAR 352.270-5(b) (October 2009)
a. Before undertaking performance of any contract involving animal-related activities where the species is regulated by USDA, the Contractor shall register with the Secretary of Agriculture of the United States in accordance with 7 U.S.C. 2136 and 9 CFR sections 2.25 through 2.28. The Contractor shall furnish evidence of the registration to the Contracting Officer.
b. The Contractor shall acquire vertebrate animals used in research from a dealer licensed by the Secretary of Agriculture under 7 U.S.C. 2133 and 9 CFR Sections 2.1-2.11, or from a source that is exempt from licensing under those sections.
c. The Contractor agrees that the care, use and intended use of any live vertebrate animals in the performance of this contract shall conform with the Public Health Service (PHS) Policy on Humane Care of Use of Laboratory Animals (PHS Policy), the current Animal Welfare Assurance (Assurance), the Guide for the Care and Use of Laboratory Animals (National Academy Press, Washington, DC) and the pertinent laws and regulations of the United States Department of Agriculture (see 7 U.S.C. 2131 et seq. and 9 CFR Subchapter A, Parts 1-4). In case of conflict between standards, the more stringent standard shall govern.
d. If at any time during performance of this contract, the Contracting Officer determines, in consultation with the Office of Laboratory Animal Welfare (OLAW), National Institutes of Health (NIH), that the Contractor is not in compliance with any of the requirements and standards stated in paragraphs (a) through (c) above, the Contracting Officer may immediately suspend, in whole or in part, work and further payments under this contract until the Contractor corrects the noncompliance. Notice of the suspension may be communicated by telephone and confirmed in writing. If the Contractor fails to complete corrective action within the period of time designated in the Contracting Officer's written notice of suspension, the Contracting Officer may, in consultation with OLAW, NIH, terminate this contract in whole or in part, and the Contractor's name may be removed from the list of those contractors with approved Assurances.
Note: The Contractor may request registration of its facility and a current listing of licensed dealers from the Regional Office of the Animal and Plant Health Inspection Service (APHIS), USDA, for the region in which its research facility is located. The location of the appropriate APHIS Regional Office, as well as information concerning this program may be obtained by contacting the Animal Care Staff, USDA/APHIS, 4700 River Road, Riverdale, Maryland 20737 (E-mail: ace@aphis.usda.gov; Web site: ( http://www.aphis.usda.gov/ animal_welfare).
(End of Clause) mailto:ace@aphis.usda.gov http://www.aphis.usda.gov/animal_welfare http://www.aphis.usda.gov/animal_welfare
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ARTICLE H.4. 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 (PHS Policy). The PHS Policy can be accessed at: http:// grants1.nih.gov/grants/olaw/references/phspol.htm
In addition, the research involving live vertebrate animals shall be conducted in accordance with the description set forth in the Vertebrate Animal Section (VAS) of the contractor's technical proposal, as modified in the Final Proposal Revision (FPR), dated , which is incorporated by reference.
ARTICLE H.5. OPTION PROVISION
Unless the Government exercises its option pursuant to the Option Clause set forth in SECTION I., 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 SECTION I. 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 price of the contract will be increased as set forth in the OPTION PRICES Article in SECTION B of this contract.
ARTICLE H.6. ACCESS TO NATIONAL INSTITUTES OF HEALTH (NIH) ELECTRONIC MAIL
All Contractor staff that have access to and use of NIH electronic mail (e-mail) must identify themselves as contractors on all outgoing e-mail messages, including those that are sent in reply or are forwarded to another user. To best comply with this requirement, the Contractor staff shall set up an e-mail signature ("AutoSignature") or an electronic business card ("V-card") on each Contractor employee's computer system and/or Personal Digital Assistant (PDA) that will automatically display "Contractor" in the signature area of all e-mails sent.
ARTICLE H.7. REPORTING MATTERS INVOLVING FRAUD, WASTE AND ABUSE
Anyone who becomes aware of the existence or apparent existence of fraud, waste and abuse in NIH funded programs is encouraged to report such matters to the HHS Inspector General's Office in writing or on the Inspector General's Hotline. The toll free number is 1-800-HHS-TIPS (1-800-447-8477). All telephone calls will be handled confidentially. The website to file a complaint on-line is: http://oig.hhs.gov/fraud/hotline/ and the mailing address is:
US Department of Health and Human Services Office of Inspector General
ATTN: OIG HOTLINE OPERATIONS
P.O. Box 23489 Washington, D.C. 20026
ARTICLE H.8. CONSTITUTION DAY
Each educational institution that receives Federal funds for a fiscal year shall hold an educational program on the United States Constitution on September 17 of such year for the students serviced by the educational institution in accordance with Public Law 108-447.
http://grants1.nih.gov/grants/olaw/references/phspol.htm http://grants1.nih.gov/grants/olaw/references/phspol.htm http://oig.hhs.gov/fraud/hotline/
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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://oamp.od.nih.gov/dgs/general-clauses
ARTICLE I.1. GENERAL CLAUSES FOR A NEGOTIATED FIXED-PRICE SERVICE
CONTRACT
http://oamp.od.nih.gov/dgs/general-clauses
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ARTICLE I.2. AUTHORIZED SUBSTITUTIONS OF CLAUSES
Any authorized substitutions and/or modifications other than the General Clauses which will be based on the type of contract/Contractor will be determined during negotiations.
It is expected that the following substitution(s) will be made part of the resultant contract:
a. FAR Clauses 52.215-15, Pension Adjustments and Asset Reversions (October 2010); 52.215-18, Reversion or Adjustment of Plans for Post Retirement Benefits (PRB) Other Than Pensions (July 2005); and, 52.215-19, Notification of Ownership Changes (October 1997), are deleted in their entirety.
b. Alternate II (October 2001) of FAR Clause 52.219-9, Small Business Subcontracting Plan (October 2014) is added.
c. Alternate I (April 1984), of FAR Clause 52.227-1, Authorization and Consent (December 2007) is deleted in its entirety.
FAR Clause 52.227-11, Patent Rights--Ownership by the Contractor (May 2014) is deleted in its entirety.
Alternate IV (December 2007), of FAR Clause 52.227-14, Rights In Data--General (May 2014) is deleted in its entirety.
Alternate II (April 2012), of FAR Clause 52.245-1, Government Property (April 2012) is deleted in its entirety.
d. Alternate I (April 1984) of FAR Clause 52.243-1, Changes, Fixed Price (August 1987), is hereby deleted in its entirety and Alternate II (April 1984) of FAR Clause 52.243-1, Changes, Fixed Price (August 1987), is substituted therefor.
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ARTICLE I.3. ADDITIONAL CONTRACT CLAUSES
Additional clauses other than those listed below which are based on the type of contract/Contractor shall be determined during negotiations. Any contract awarded from this solicitation will contain the following:
This contract incorporates the following clauses by reference, (unless otherwise noted), with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.
a. FEDERAL ACQUISITION REGULATION (FAR) (48 CFR CHAPTER 1) CLAUSES
1. FAR Clause 52.217-8, Option to Extend Services (November 1999).
"..The Contracting Officer may exercise the option by written notice to the Contractor within 60 days.
2. FAR Clause 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (October 2014).
"(c) Waiver of evaluation preference [ ] Offeror elects to waive the evaluation preference."
3. FAR Clause 52.219-28, Post-Award Small Business Program Rerepresentation (July 2013).
b. DEPARTMENT OF HEALTH AND HUMAN SERVICES ACQUISITION REGULATION (HHSAR) (48 CHAPTER
3) CLAUSES:
1. THERE ARE NO APPLICABLE CLAUSES IN THIS SECTION.
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ARTICLE I.4. ADDITIONAL FAR CONTRACT CLAUSES INCLUDED IN FULL TEXT
Additional clauses other than those listed below which are based on the type of contract/Contractor shall be determined during negotiations. Any contract awarded from this solicitation will contain the following:
This contract incorporates the following clauses in full text.
a. FEDERAL ACQUISITION REGULATION (FAR) (48 CFR CHAPTER 1) CLAUSES
1. FAR Clause 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (July 2013)
As prescribed in 32.706-1(b), insert the following clause:
a. The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the System for Award Management (SAM) database at http://www.acquisition.gov.
b. As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consists of two segments--
1. The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by--
i. Government personnel and authorized users performing business on behalf of the Government; or
ii. The Contractor, when viewing data on itself; and
2. The publicly-available segment, to which all data in the non-public segment of FAPIIS is automatically transferred after a waiting period of 14 calendar days, except for--
i. Past performance reviews required by subpart 42.15;
ii. Information that was entered prior to April 15, 2011; or
iii. Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause.
c. The Contractor will receive notification when the Government posts new information to the Contractor's record.
1. If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the non-public segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of Information procedures, prior to reposting the releasable information. The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS.
2. The Contractor will also have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.
http://www.acquisition.gov/
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3. As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.
d. Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.
(End of clause)
2. 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 60 daus ; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 daysbefore 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 30 MONTHS.
b. DEPARTMENT OF HEALTH AND HUMAN SERVICES ACQUISITION REGULATION (HHSAR) (48 CHAPTER
3) CLAUSES:
c. THERE ARE NO APPLICABLE CLAUSES IN THIS SECTION.
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PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS
SECTION J - LIST OF ATTACHMENTS
The following documents are incorporated into this RFP:
SOLICITATION ATTACHMENTS
Attachment No. Title Location
Attachment 1: Packaging and Delivery of Proposal (Non R & D)
See Attachment at end of RFP
Attachment 2: Proposal Intent Response Sheet See Attachment at end of RFP
Attachment 3: Statement of Work See Attachment at end of RFP
Attachment 4: Quality Assurance Surveillance Plan See Attachment at end of RFP
Attachment 5: Additional Business Proposal Instructions See Attachment at end of RFP
TECHNICAL PROPOSAL ATTACHMENTS
Attachment No. Title Location
Attachment 6: Technical Proposal Cost Summary http://oamp.od.nih.gov/sites/default/files/ DGS/contracting-forms/Tech-Prop-Cost- Summ.pdf
Attachment 7: Summary of Related Activities http://oamp.od.nih.gov/sites/default/files/ DGS/contracting-forms/summary-related-activities.pdf
BUSINESS PROPOSAL ATTACHMENTS
Attachment No. Title Location
Attachment 8: Proposal Summary and Data Record, NIH-2043 http://oamp.od.nih.gov/sites/default/files/ DGS/contracting-forms/NIH2043.pdf
Attachment 9: Small Business Subcontracting Plan http://www.hhs.gov/asfr/ogapa/osbdu/Small %20Business/subcontractplan.html
Attachment 10: Breakdown of Proposed Estimated Costs (plus fee) w/Excel Spreadsheet http://oamp.od.nih.gov/sites/default/files/ DGS/contracting-forms/buscost.htm http://oamp.od.nih.gov/sites/ default/files/DGS/contracting-forms/ spshexcl_dec2012.xlsx
Attachment 11: Offeror's Points of Contact http://oamp.od.nih.gov/sites/default/files/ DGS/contracting-forms/point-of-contact.pdf
Attachment 12: Disclosure of Lobbying Activities, OMB Form SF-LLL http://www.gsa.gov/portal/forms/ download/116430 http://oamp.od.nih.gov/sites/default/files/DGS/contracting-forms/Tech-Prop-Cost-Summ.pdf http://oamp.od.nih.gov/sites/default/files/DGS/contracting-forms/Tech-Prop-Cost-Summ.pdf http://oamp.od.nih.gov/sites/default/files/DGS/contracting-forms/Tech-Prop-Cost-Summ.pdf http://oamp.od.nih.gov/sites/default/files/DGS/contracting-forms/summary-related-activities.pdf http://oamp.od.nih.gov/sites/default/files/DGS/contracting-forms/summary-related-activities.pdf http://oamp.od.nih.gov/sites/default/files/DGS/contracting-forms/summary-related-activities.pdf http://oamp.od.nih.gov/sites/default/files/DGS/contracting-forms/NIH2043.pdf http://oamp.od.nih.gov/sites/default/files/DGS/contracting-forms/NIH2043.pdf http://www.hhs.gov/asfr/ogapa/osbdu/Small%20Business/subcontractplan.html http://www.hhs.gov/asfr/ogapa/osbdu/Small%20Business/subcontractplan.html http://oamp.od.nih.gov/sites/default/files/DGS/contracting-forms/buscost.htm http://oamp.od.nih.gov/sites/default/files/DGS/contracting-forms/buscost.htm http://oamp.od.nih.gov/sites/default/files/DGS/contracting-forms/spshexcl_dec2012.xlsx http://oamp.od.nih.gov/sites/default/files/DGS/contracting-forms/spshexcl_dec2012.xlsx http://oamp.od.nih.gov/sites/default/files/DGS/contracting-forms/spshexcl_dec2012.xlsx http://oamp.od.nih.gov/sites/default/files/DGS/contracting-forms/point-of-contact.pdf http://oamp.od.nih.gov/sites/default/files/DGS/contracting-forms/point-of-contact.pdf http://www.gsa.gov/portal/forms/download/116430
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INFORMATIONAL ATTACHMENTS
Attachment No. Title Location
Attachment 13: Invoice Instructions for NIH Fixed Price Contracts NIH(RC)-2 http://oamp.od.nih.gov/sites/default/files/ DGS/contracting-forms/rc2_508.pdf
Attachment 14: Disclosure of Lobbying Activities, OMB Form SF-LLL http://www.gsa.gov/portal/forms/ download/116430 http://oamp.od.nih.gov/sites/default/files/DGS/contracting-forms/rc2_508.pdf http://oamp.od.nih.gov/sites/default/files/DGS/contracting-forms/rc2_508.pdf
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PART IV - REPRESENTATIONS AND INSTRUCTIONS
SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF
OFFERORS
IF YOU INTEND TO SUBMIT A PROPOSAL, YOU MUST :
1. Go to the System for Award Management (SAM) and complete the Representations and Certifications. The SAM website may be accessed at: http://www.sam.gov ; and
2. Complete, and INCLUDE as part of your BUSINESS PROPOSAL:
SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS
which is included as an Attachment in Section J-LIST OF ATTACHMENTS, SOLICITATION ATTACHMENTS of this solicitation.
If you are unable to access this SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS electronically, you may request a copy from the Contracting Officer identified on the cover page of this solicitation.
3. FAR Clause 52.204-19 Incorporation by Reference of Representations and Certifications (December 2014).
The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.
(End of Clause) http://www.sam.gov
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SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS
1. GENERAL INFORMATION
a. INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION [FAR Provision 52.215-1 (January 2006)]
a. Definitions. As used in this provision--
"Discussions" are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer's discretion, result in the offeror being allowed to revise its proposal.
"In writing", "writing", or "written" means any worded or numbered expression that can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.
"Proposal modification" is a change made to a proposal before the solicitation's closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.
"Proposal revision" is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations.
"Time," if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.
b. Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).
c. Submission, modification, revision, and withdrawal of proposals.
a. Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror. Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.
b. The first page of the proposal must show--
i. The solicitation number;
ii. The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available);
iii. A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;
iv. Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror's behalf with the Government in connection with this solicitation; and
v. Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing office.
3. Submission, modification, revision, and withdrawal of proposals.
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(i)Offerors are responsible for submitting proposals, and any modifications or revisions, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that proposal or revision is due.
(ii) (A) Any proposal, modification, or revision received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--
(1) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m.
one working day prior to the date specified for receipt of proposals; or
(2) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or
(3) It is the only proposal received.
(B) However, a late modification of an otherwise successful proposal that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.
(iii) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the proposal wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.
(iv) If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation, the time specified for receipt of proposals will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.
(v) Proposals may be withdrawn by written notice received at any time before award. Oral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision at 52.215-5, Facsimile Proposals. Proposals may be withdrawn in person by an offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award.
(4) Unless otherwise specified in the solicitation, the offeror may propose to provide any item or combination of items.
(5) Offerors shall submit proposals in response to this solicitation in English, unless otherwise permitted by the solicitation, and in U.S. dollars, unless the provision at FAR 52.225-17, Evaluation of Foreign Currency Offers, is included in the solicitation.
(6) Offerors may submit modifications to their proposals at any time before the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award.
(7) Offerors may submit revised proposals only if requested or allowed by the Contracting Officer.
(8) Proposals may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the Contracting Officer.
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(d) Offer expiration date. Proposals in response to this solicitation will be valid for the number of days specified on the solicitation cover sheet (unless a different period is proposed by the offeror).
(e) Restriction on disclosure and use of data.
(1) The proposal submitted in response to this request may contain data (trade secrets; business data (e.g., commercial information, financial information, cost and pricing data); and technical data) which the offeror, including its prospective subcontractor(s), does not want used or disclosed for any purpose other than for evaluation of the proposal. The use and disclosure of any data may be so restricted; provided, that the Government determines that the data is not required to be disclosed under the Freedom of Information Act, 5 U.S.C.
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