RFP_NBBTP.pdf

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SOLICITATION

SECTION A - SOLICITATION/CONTRACT FORM

1. Requisition or other Purchase Authority: N/A

2. Request for Proposal

(RFP) Number:

NIHAO2016056

3. Issue Date:

September 2, 2016

4. Set Aside:

[ ] No

[X ] Yes See Section L

5. Title : Administration and Management of the National Biosafety and Biocontainment Training Program (NBBTP)

6. ISSUED BY:

Office of Acquisitions

National Institute of Allergy & Infectious Disease

National Institutes of Health

5601 Fishers Lane

Suite 3B27 MSC9822

Bethesda, MD 20892

7. SUBMIT OFFERS TO:

Sharee.richardson@nih.gov

Cc: Dixie.Harper@nih.gov

8. 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 Section L, "Instructions, Conditions and Notices to Offerors”.

Proposals must be received via email NO LATER THAN 1:00 p.m. EST on September 16, 2016 to sharee.richardson@nih.gov. Further, the subject line of the email should read as follows: National Institute of

Health Administration and Management of the National Biosafety and Biocontainment Training RFP

NIHAO2016056. 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.

9. IF YOUR PROPOSAL IS NOT RECEIVED BY THE CONTRACTING OFFICER OR HIS DESIGNEE AT THE PLACE AND TIME SPECIFIED FOR THE OFFICE OF ACQUISITIONS, THEN IT WILL BE CONSIDERED LATE AND HANDLED IN ACCORDANCE WITH subparagraph (c)(3) of FAR Clause 52.215-1, Instructions to Offerors-- Competitive Acquisition," LOCATED IN SECTION L. OF THIS SOLICITATION.

10. Offeror must be registered in the Central Contractor Registry (CCR) prior to award of a contract. Offerors must access the CCR through The System for Award Management (SAM) at http://www.sam.gov

11. FOR INFORMATION CALL: Sharee Richardson

PHONE: 240-669-5116

E-MAIL: sharee.richardson@nih.gov

COLLECT CALLS WILL NOT BE ACCEPTED.

PLEASE MAKE SURE NIH RECEIVES YOUR ELECTRONIC PACKAGE

BY THE SPECIFIED DUE DATE AND TIME AS STATED IN THE RFP

Sharee Richardson

Contract Specialist

Office of Acquisitions, Acquisitions Management

Operations Branch National

Institute of Allergy & Infectious

Disease mailto:Sharee.richardson@nih.gov mailto:Dixie.Harper@nih.gov mailto:sharee.richardson@nih.gov http://www.sam.gov/ mailto:E-MAIL:%20sharee.richardson@nih.gov

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RFP Table of Contents

SECTION A - SOLICITATION/CONTRACT FORM

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES

ARTICLE B.1. BRIEF DESCRIPTION OF SUPPLIES OR SERVICES

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

ARTICLE C.1. DESCRIPTION-SPECIFICATION-WORKSTATEMENT-PERFORMANCE WORK STATEMENT

SECTION D – PACKAGING, MARKING AND SHIPPING

SECTION E - INSPECTION AND ACCEPTANCE

SECTION F - DELIVERIES OR PERFORMANCE

ARTICLE F.1. PERIOD OF PERFORMANCE

ARTICLE F.2. CLAUSES INCORPORATED BY REFERENCE, FAR 52.252-2 (FEBRUARY 1998)

SECTION G - CONTRACT ADMINISTRATION DATA

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

ARTICLE G.3. INVOICE SUBMISSION/CONTRACT FINANCING REQUEST AND CONTRACT FINANCIAL REPORT

ARTICLE G.4. INVOICE SUBMISSION

ARTICLE G.5. PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS, FAR 52.232-40

(December 2013)

ARTICLE G.6. POST AWARD EVALUATION OF CONTRACTOR PERFORMANCE

ARTICLE G.7. ON-SITE CONTRACTOR ACCESS TO GOVERNMENT PROPERTY

SECTION H - SPECIAL CONTRACT REQUIREMENTS

ARTICLE H.3. ACKNOWLEDGEMENT OF FEDERAL FUNDING

ARTICLE H.4. DISSEMINATION OF FALSE OR DELIBERATELY MISLEADING INFORMATION

ARTICLE H.5. RESTRICTION ON PORNOGRAPHY ON COMPUTER NETWORKS

ARTICLE H.6. GUN CONTROL

ARTICLE H.7. CERTIFICATION OF FILING AND PAYMENT OF TAXES

ARTICLE H.8. REPORTING MATTERS INVOLVING FRAUD, WASTE AND ABUSE

ARTICLE H.9. ELECTRONIC AND INFORMATION TECHNOLOGY ACCESSIBILITY, HHSAR 352.239-73(b) (December 18, 2015)

ARTICLE H.10. CONFIDENTIALITY OF INFORMATION

ARTICLE H.11. POSSESSION USE AND TRANSFER OF SELECT BIOLOGICAL AGENTS OR TOXINS

ARTICLE H.12. HIGHLY PATHOGENIC AGENTS

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ARTICLE H.13. HOTEL AND MOTEL FIRE SAFETY ACT OF 1990 (P.L. 101-391)

ARTICLE H.14. USE OF FUNDS FOR CONFERENCES, MEETINGS AND FOOD

ARTICLE H.15. USE OF FUNDS FOR PROMOTIONAL ITEMS

PART II – CONTRACT CLAUSES

SECTION I – CONTRACT CLAUSES

52.252-1 Solicitation Provisions Incorporated by Reference

52.252-2 Clauses Incorporated by Reference

ARTICLE I.1. GENERAL CLAUSES FOR A TIME AND MATERIAL CONTRACT

Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements

ARTICLE I.2. ADDITIONAL FAR CONTRACT CLAUSES INCLUDED IN FULL TEXT

52.219-6 Notice of Total Small Business Set-Aside. (Nov 2011)

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

52.216-1 Type of Contract

52.216-29 Time-and-Materials/Labor-Hour Proposal Requirements—Non-Commercial Item Acquisition With

Adequate Price Competition. (FEB 2007)

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

52.217-9 Option to Extend the Term of the Contract

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS SECTION J - LIST OF ATTACHMENTS

ARTICLE J.1 SOLICITATION ATTACHMENTS (copy of all attachments are included at the end of the RFP)

ARTICLE J.2 TECHNICAL PROPOSAL ATTACHMENTS

ARTICLE J.3 BUSINESS PROPOSAL ATTACHMENTS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

SECTION L - INSTRUCTIONS TO OFFERORS

A. GENERAL INFORMATION

Previous Contracts and Compliance Reports. FAR 52.222-22

a. NAICS CODE AND SIZE STANDARD

b. TYPE OF CONTRACT AND NUMBER OF AWARDS

c. COMMUNICATIONS PRIOR TO CONTRACT AWARD

d. RELEASE OF INFORMATION

e. COMPARATIVE IMPORTANCE OF PROPOSALS

f. PREPARATION COSTS

g. SERVICE OF PROTEST (SEPTEMBER 2006) - FAR 52.233-2

H. PROPOSAL INTEGRITY

B. GENERAL INSTRUCTIONS

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C. BUSINESS PROPOSAL INSTRUCTIONS

SECTION M - EVALUATION FACTORS FOR AWARD

RATING SYSTEM

ATTACHMENT 01: PERFORMANCE WORK STATEMENT

REPORTS AND DELIVERABLES

ATTACHMENT 02: PROPOSAL INSTRUCTIONS,

ATTACHMENT 03: ADDITIONAL BUSINESS PROPOSAL INSTRUCTIONS

ATTACHMENT 04 - PROPOSAL INTENT RESPONSE SHEET

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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 Section 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

ARTICLE B.1. BRIEF DESCRIPTION OF SUPPLIES OR SERVICES

The Contractor shall provide all of the necessary personnel and resources in order to oversee, manage, and improve all components of the NBBTP.

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SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

ARTICLE C.1. DESCRIPTION-SPECIFICATION-WORKSTATEMENT-

PERFORMANCE WORK STATEMENT

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 Performance Work Statement, attached hereto and made a part of this Solicitation (See SECTION J - List of Attachments).

b. Other Reports/Deliverables

1. Information Security and Physical Access Reporting Requirements

a. Roster of Employees Requiring Suitability Investigations

The Contractor shall submit a roster, by name, position, e-mail address, phone number and responsibili6qty, of all staff (including subcontractor staff) working under the contract who will develop, have the ability to access, or host and/or maintain a Federal information system(s). The roster shall be submitted to the Contracting Officer's Technical

Representative (COR), with a copy to the Contracting Officer, within 14 calendar days of the effective date of the contract.

b. Reporting of New and Departing Employees

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

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

B. Departing Employees: 1) Provide the name, position title, and security clearance level held by or pending for the individual; and 2) Perform and document the actions identified in the "Employee Separation Checklist", attached in Section J, ATTACHMENTS of this contract, when a

Contractor/Subcontractor employee terminates work under this contract. All documentation shall be made available to the COR and/or Contracting Officer upon request.

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

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The contractor shall complete and submit a signed and witnessed "Commitment to

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

http://ocio.nih.gov/docs/public/ Nondisclosure.pdf.

2. Section 508 Annual Reports

The contractor shall submit an annual Section 508 report in accordance with the schedule set forth in the ELECTRONIC AND INFORMATION TECHNOLOGY

ACCESSIBILITY Article in SECTION

H.6 of this contract. The Section 508 Report Template and Instructions for completing the report are available at: http://www.hhs.gov/od under "Vendor

Information and Documents."

http://ocio.nih.gov/docs/public/Nondisclosure.pdf http://ocio.nih.gov/docs/public/Nondisclosure.pdf http://www.hhs.gov/od

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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.

SECTION E - INSPECTION AND ACCEPTANCE

SECTION F - DELIVERIES OR PERFORMANCE

ARTICLE F.1. PERIOD OF PERFORMANCE

a. The Base Year period of performance of this contract shall be September 30, 2016 through September

29, 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 Option Year I, Contract Year 2 September 30, 2017 through October 14, 2018 Option Year II, Contract Year 3 September 30, 2018 through October 14, 2019 Option Year III, Contract Year 4 September 30, 2019 through October 14, 2020 Option Year IV, Contract Year 5 September 30, 2020 through October 14, 2021

ARTICLE F.2. 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 http://www.acquisition.gov/far 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 Specified 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 performance work statement and any other technical performance requirements; (3) performing technical evaluation as required; (4) performing technical inspections and acceptances required by this contract; and (5) assisting in the resolution of technical problems encountered during performance.

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

The Contracting Officer is the only person with authority to act as agent of the Government under this contract. Only the Contracting Officer has authority to: (1) direct or negotiate any changes in the performance work statement; (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; (5) otherwise change any terms and conditions of this contract; or (6) sign written licensing agreements. The Government may unilaterally change the COR designation.

ARTICLE G.3. INVOICE SUBMISSION/CONTRACT FINANCING REQUEST

AND CONTRACT FINANCIAL REPORT

a. 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.

1. The original invoice shall be submitted 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

Bethesda, MD 20892-8500

2. Inquiries regarding payment of invoices shall be directed to the designated billing office, (301)

496-6452

ARTICLE G.4. INVOICE SUBMISSION

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a. 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

Commercial Accounts

2115 East Jefferson Street, Room 4B-432, MSC 8500

Bethesda, MD 20892-8500

b. One copy of the invoice shall be submitted to the following approving official :

Sharee Richardson

Contract Specialist

NIH/NIAID/AMOB

5601 Fishers Lane – MSC 9822

Bethesda, MD 20892

Sharee.richardson@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.

The Contractor shall submit an electronic copy of the payment request to the Central Point of

Distribution mailbox. 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.

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:

c. Name of the Office of Acquisitions. The Office of Acquisitions for this contract is National

Institutes of Allergy and Infectious Diseases.

d. Central Point of Distribution. For the purpose of this contract, the Central Point of

Distribution is OAInvoices@mail.nih.gov.

e. Federal Taxpayer Identification (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 mailto:Sharee.richardson@nih.gov mailto:OAInvoices@mail.nih.gov

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Contractor has neither a TIN, DUNS, or VIN, contact the Contracting Officer.

f. DUNS or DUNS+4 Number. The DUNS must identify the Contractor’s name and address exactly as stated in the contract and as registered in the System for Award Management

(SAM). 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.

g. Invoice Matching Option. This contract requires a two-way match.

h. Unique Invoice Number. Each payment request must be identified by a unique number, which can only be used one time regardless of the number of contracts or orders held by an organization.

i. PRISM/NBS Line Item Number and associated PRISM/NBS Line Item Period of

Performance.

ARTICLE G.5. PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS

SUBCONTRACTORS, FAR 52.232-40 (December 2013)

a. Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.

b. The acceleration of payments under this clause does not provide any new rights under the prompt

Payment Act.

c. Include the substance of this clause, include this paragraph c, in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.

(End of Clause)

ARTICLE G.6. POST AWARD EVALUATION OF CONTRACTOR

PERFORMANCE

a. Contractor Performance Evaluations

Interim and Final evaluations of Contractor performance will be prepared on this contract in accordance with FAR Subpart 42.15. The Final performance evaluation will be prepared at the time of completion of work. In addition to the Final evaluation, Interim evaluation(s) will be prepared annually as follows on November 15 of the given year of performance

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.

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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

ARTICLE G.7. ON-SITE CONTRACTOR ACCESS TO GOVERNMENT

PROPERTY

The Contractor shall be held responsible for Government Property, regardless of dollar value, when:

The contract requires contractor personnel to be located on a Government site or installation;

The property utilized by contractor personnel is incidental to the place of performance; and, The property used by the contractor remains accountable to the Government

Responsibility includes physical presence, proper use and handling, normal maintenance, and reporting loss, damage or destruction.

Responsibility for government property shared by two or more contractors or located in space shared by two or more contractors, shall be determined and documented by the contractors involved. In cases where the parties cannot reach agreement on shared responsibility, the matter will be referred to the NIH Property Officer for resolution.

http://www.cpars.gov/

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SECTION H - SPECIAL CONTRACT REQUIREMENTS

ARTICLE H.3. 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.

(End of clause)

ARTICLE H.4. DISSEMINATION OF FALSE OR DELIBERATELY

MISLEADING INFORMATION

The Contractor shall not use contract funds to disseminate information that is deliberately false or misleading.

ARTICLE H.5. RESTRICTION ON PORNOGRAPHY ON COMPUTER

NETWORKS

The Contractor shall not use contract funds to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography.

ARTICLE H.6. GUN CONTROL

The Contractor shall not use contract funds in whole or in part, to advocate or promote gun control.

ARTICLE H.7. CERTIFICATION OF FILING AND PAYMENT OF TAXES

The contractor must be in compliance with Section 518 of the Consolidated Appropriations Act of FY

2014.

ARTICLE H.8. 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

http://oig.hhs.gov/fraud/hotline/

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P.O. Box 23489

Washington, D.C. 20026

ARTICLE H.9. ELECTRONIC AND INFORMATION TECHNOLOGY

ACCESSIBILITY, HHSAR 352.239-73(b) (December 18, 2015)

(a) Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), as amended by the Workforce

Investment Act of 1998 and the Architectural and Transportation Barriers Compliance Board Electronic and Information (EIT) Accessibility Standards (36 CFR part 1194), require that when Federal agencies develop, procure, maintain, or use electronic and information technology, Federal employees with disabilities have access to and use of information and data that is comparable to the access and use by

Federal employees who are not individuals with disabilities, unless an undue burden would be imposed on the agency. Section 508 also requires that individuals with disabilities, who are members of the public seeking information or services from a Federal agency, have access to and use of information and data that is comparable to that provided to the public who are not individuals with disabilities, unless an undue burden would be imposed on the agency.

(b) Accordingly, any offeror responding to this solicitation must comply with established HHS EIT accessibility standards. Information about Section 508 is available at http://www.hhs.gov/web/508. The complete text of the Section 508 Final Provisions can be accessed at http://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-section-508-standards.

(c) The Section 508 accessibility standards applicable to this solicitation are stated in the clause at

352.239-74, Electronic and Information Technology Accessibility.

In order to facilitate the Government’s determination whether proposed EIT supplies meet applicable

Section 508 accessibility standards, offerors must submit an HHS Section 508 Product Assessment

Template, in accordance with its completion instructions. The purpose of the template is to assist HHS acquisition and program officials in determining whether proposed EIT supplies conform to applicable

Section 508 accessibility standards. The template allows offerors or developers to self-evaluate their supplies and document—in detail—whether they conform to a specific Section 508 accessibility standard, and any underway remediation efforts addressing conformance issues. Instructions for preparing the HHS Section 508 Evaluation Template are available under Section 508 policy on the HHS website http://www.hhs.gov/web/508.

In order to facilitate the Government’s determination whether proposed EIT services meet applicable

Section 508 accessibility standards, offerors must provide enough information to assist the Government in determining that the EIT services conform to Section 508 accessibility standards, including any underway remediation efforts addressing conformance issues.

(d) Respondents to this solicitation must identify any exception to Section 508 requirements. If a offeror claims its supplies or services meet applicable Section 508 accessibility standards, and it is later determined by the Government, i.e., after award of a contract or order, that supplies or services delivered do not conform to the described accessibility standards, remediation of the supplies or services to the level of conformance specified in the contract will be the responsibility of the Contractor at its expense.

(End of provision)

ARTICLE H.10. CONFIDENTIALITY OF INFORMATION

http://www.hhs.gov/web/508 http://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-section-508-standards http://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-section-508-standards http://www.hhs.gov/grants/contracts/contract-policies-regulations/hhsar/part-352-solicitation-provisions-contract-clauses/index.html#352.239-74 http://www.hhs.gov/web/508

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a. Confidential information, as used in this article, means information or data of a personal nature about individual, or proprietary information or data submitted by or pertaining to an institution or organization.

b. The Contracting Officer and the Contractor may, by mutual consent, identify elsewhere in this contract specific information and/or categories of information which the Government will furnish to the Contractor or that the Contractor is expected to generate which is confidential. Similarly, the

Contracting Officer and the Contractor may, by mutual consent, identify such confidential information from time to time during the performance of the contract. Failure to agree will be settled pursuant to the "Disputes" clause.

c. If it is established elsewhere in this contract that information to be utilized under this contract, or a portion thereof, is subject to the Privacy Act, the Contractor will follow the rules and procedures of disclosure set forth in the Privacy Act of 1974, 5 U.S.C. 552a, and implementing regulations and policies, with respect to systems of records determined to be subject to the Privacy Act.

d. Confidential information, as defined in paragraph (a) of this article, shall not be disclosed without the prior written consent of the individual, institution, or organization.

e. Whenever the Contractor is uncertain with regard to the proper handling of material under the contract, or if the material in question is subject to the Privacy Act or is confidential information subject to the provisions of this article, the Contractor should obtain a written determination from the Contracting Officer prior to any release, disclosure, dissemination, or publication.

f. Contracting Officer Determinations will reflect the result of internal coordination with appropriate program and legal officials.

g. The provisions of paragraph (d) of this article shall not apply to conflicting or overlapping provisions in other

h. Federal, State or local laws.

The following information is covered by this article:

HHSAR 352.224-70, Confidentiality of Information

ARTICLE H.11. POSSESSION USE AND TRANSFER OF SELECT BIOLOGICAL

AGENTS OR TOXINS

The work being conducted under this contract may involve the possession, use, or transfer of a select agent or toxin. The contractor shall not conduct work involving a Select Agent or Toxin under this contract until it and any associated subcontractor(s) comply with the following:

For prime or subcontract awards to domestic institutions that possess, use, and/or transfer a Select Agent or Toxin 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.selectagents.gov/Regulations.html ) as required, before using NIH funds for work involving a Select Agent or Toxin . No NIH funds can be used for research involving a Select Agent or Toxin at a domestic institution without a valid registration certificate.

http://www.selectagents.gov/Regulations.html

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For prime or subcontract awards to foreign institutions that possess, use, and/or transfer a Select Agent or Toxin , before using NIH funds for any work directly involving a Select Agent or Toxin , the foreign institution must provide information satisfactory to the NIAID 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 are in place and will be administered on behalf of all Select Agent or Toxin work supported by these funds. The process for making this determination includes a site visit to the foreign laboratory facility by an NIAID representative. During this visit, 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 Agent or Toxin and procedures for ensuring that only approved and appropriate individuals, in accordance with institution procedures, will have access to the Select Agents or Toxins 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. Site visits to foreign laboratories are conducted every three years after the initial review. No NIH funds can be used for work involving a Select Agent or Toxin at a foreign institution without written approval from the Contracting Officer.

Prior to conducting a restricted experiment with a Select Agent or Toxin under this contract or any associated subcontract, the contractor must discuss the experiment with the Contracting Officer's

Representative (COR) and request and obtain written approval from the Contracting Officer. Domestic institutions must submit to the Contracting Officer written approval from the CDC to perform the proposed restricted experiment. Foreign institutions require review by a NIAID representative. The prime contractor must contact the COR and the NIAID Office of International Extramural Activities

(OIEA) at mailto:niaidforeignawards@niaid.nih.gov for guidance on the process used by NIAID to review proposed restricted experiments. The NIAID website provides an overview of the review process at http://funding.niaid.nih.gov/researchfunding/sci/biod/pages/saconproc.aspx . The Contracting Officer will notify the prime contractor when the process is complete. No NIH funds can be used for a restricted experiment with a Select Agent or Toxin at either a domestic or foreign institution without written approval from the Contracting Officer.

Listings of HHS and USDA 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.selectagents.gov/ and http://www.selectagents.gov/Select%20Agents%20and%20Toxins%20List.html .

For foreign institutions, see the NIAID Select Agent Award information:

( http://funding.niaid.nih.gov/researchfunding/sci/biod/pages/default.aspx ).

ARTICLE H.12. HIGHLY PATHOGENIC AGENTS

The work being conducted under this contract may involve a Highly Pathogenic Agent (HPA). The

NIAID defines an HPA as a pathogen that, under any circumstances, warrants a biocontainment safety level of BSL3 or higher according to either:

mailto:niaidforeignawards@niaid.nih.gov http://funding.niaid.nih.gov/researchfunding/sci/biod/pages/saconproc.aspx http://www.selectagents.gov/ http://www.selectagents.gov/Select%20Agents%20and%20Toxins%20List.html http://funding.niaid.nih.gov/researchfunding/sci/biod/pages/default.aspx

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1. The current edition of the CDC/NIH Biosafety in Microbiological and Biomedical Laboratories

(BMBL)( http://www.cdc.gov/biosafety/publications/index.htm under "Publications);

2. The Contractor's Institutional Biosafety Committee (IBC) or equivalent body; or

3. The Contractor's appropriate designated institutional biosafety official.

If there is ambiguity in the BMBL guidelines and/or there is disagreement among the BMBL, an

IBC or equivalent body, or institutional biosafety official, the highest recommended containment level must be used.

ARTICLE H.13. HOTEL AND MOTEL FIRE SAFETY ACT OF 1990 (P.L. 101-

391)

Pursuant to Public Law 101-391, no Federal funds may be used to sponsor or fund in whole or in part a meeting, convention, conference or training seminar that is conducted in, or that otherwise uses the rooms, facilities, or services of a place of public accommodation that do not meet the requirements of the fire prevention and control guidelines as described in the Public Law. This restriction applies to public accommodations both foreign and domestic.

Public accommodations that meet the requirements can be accessed at: http://apps.usfa.fema.gov/hotel/ .

ARTICLE H.14. USE OF FUNDS FOR CONFERENCES, MEETINGS AND FOOD

The Contractor shall not use contract funds (direct or indirect) to conduct meetings or conferences in performance of this contract without prior written Contracting Officer approval.

In addition, the use of contract funds to purchase food for meals, light refreshments, or beverages is expressly prohibited.

ARTICLE H.15. USE OF FUNDS FOR PROMOTIONAL ITEMS

The Contractor shall not use contract funds to purchase promotional items. Promotional items include, but are not limited to: clothing and commemorative items such as pens, mugs/cups, folders/folios, lanyards, and conference bags that are sometimes provided to visitors, employees, grantees, or conference attendees. This includes items or tokens given to individuals as these are considered personal gifts for which contract funds may not be expended.

http://www.cdc.gov/biosafety/publications/index.htm http://apps.usfa.fema.gov/hotel/

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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:

52.252-1 Solicitation Provisions Incorporated by Reference.

As prescribed in 52.107(a), insert the following provision:

Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/html/52_248_253.html#wp1120041

(End of provision)

52.252-2 Clauses Incorporated by Reference.

As prescribed in 52.107(b), insert the following clause:

Clauses Incorporated By Reference (Feb 1998)

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

http://www.acquisition.gov/far/html/52_248_253.html#wp1120041

ARTICLE I.1. GENERAL CLAUSES FOR A TIME AND MATERIAL

CONTRACT

Clause Date Clause Title

FAR 52.202-1 Nov 2013 Definitions

FAR 52.203-3 Apr 1984 Gratuities (Over the Simplified Acquisition Threshold) http://www.acquisition.gov/far/html/52_000_107.html#wp1114174 http://www.acquisition.gov/far/html/52_248_253.html#wp1120041 http://www.acquisition.gov/far/html/52_000_107.html#wp1114174 http://www.acquisition.gov/far/html/52_248_253.html#wp1120041

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FAR 52.203-5 May 2014 Covenant Against Contingent Fees

FAR 52.203-6 Sept 2006 Restrictions on Subcontractor Sales to the Government

FAR 52.203-7 May 2014 Anti-kickback Procedures

FAR 52.203-8 May 2014 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity

FAR 52.203-10 May 2014 Price or Fee Adjustment for Illegal or Improper Activity

FAR 52.203-11 May 2007 Certification and Disclosure Regarding Payments to Influence

FAR 52.203-12 May 2010 Limitation on Payments to Influence Certain Federal Transactions

FAR 52.203-13 May 2015 Contractor Code of Business Ethics and Conduct

FAR 52.203-14 May 2015 Display of Hotline Poster(s)

FAR 52.203-16 May 2011 Preventing Personal Conflicts of Interest

FAR 52.203-17 May 2014 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights FAR 52.204-4 May 2011 Printed or Copied Double-Sided on Postconsumer Fiber Content Paperaxpayer Identification

FAR 52.204-5 May 1999 Women-Owned Business (Other than Small Business)

FAR 52.204-7 Jul 2013 System for Award Management

FAR 52.204-8 Jul 2016 Annual Representations and Certifications Full text

FAR 52.204-9 Jan 2011 Personal Identity Verification of Contractor Personnel

FAR 52.204-10 Oct 2015 Reporting Executive Compensation and First-Tier Subcontract Awards

($25,000 or more)

FAR 52.204-13 Jul 2013 System for Award Management Maintenance

FAR 52.204-14 Jan 2014 Service Contract Reporting Requirements

FAR 52.204-19 Dec 2014 Incorporation by Reference of Representations and Certifications

FAR 52.207-3 Jul 2006 Right of first refusal of employment

FAR 52.209-2 May 2011 Prohibition on Contracting with Inverted Domestic Corporations—Representation.

FAR 52.209-5 Apr 2010 Certification Regarding Responsibility Matters

FAR 52.209-12 Feb 2016 Certification Regarding Tax Matters

FAR 52.204-6 Jul 2015 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for debarment

FAR 52.209-7 Jul 2013 Updates of Publicly Available Information Regarding Responsibility Matters.

FAR 52.209-11 Jul 2016 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law

FAR 52.215-1 Jan 2004 Instructions to Offerors – Competitive Acquisition and ALT 1 and ALT II

FAR 52.215-2 Oct 2010 Audit and Records—Negotiation and ALT I and ALT II and ALT III

FAR 52.215-22 Jul 2009 Limitation on Pass-Through Charges-Identification of Subcontract Effort

ALT I

FAR 52.215-23 Oct 2009 Limitations on Pass-Through Charges (Over the Simplified Acquisition

Threshold) ALT I

FAR 52.217-5 Jul 1990 Evaluation of Options

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FAR 52.219-8 Oct 2014

FAR 52.219-9 Jul 2013 Small Business Subcontracting Plan

FAR 52.219-16 Jan 1999 Liquidated Damages—Subcontracting Plan

FAR 52.219-28 Jul 2013 Post-Award Small Business Program Representation

FAR 52.222-17 May 2014 Non-displacement of Qualified Workers

FAR 52.222-19 Feb 2015 Child Labor – Cooperation with Authorities and Remedies

FAR 52.222-22 Feb 1999 Previous Contracts and Compliance Reports

FAR 52.222-24 Feb 1999 Pre-award On-Site Equal Opportunity Compliance Evaluation.

FAR 52.222-25 Apr 1984 Affirmative Action Compliance

FAR 52.222-26 Mar 2007 Equal Opportunity

FAR 52.222-35 Oct 2015 Equal Opportunity of Veterans

FAR 52.222-36 Jul 2014 Equal Opportunity for Workers with Disabilities

FAR 52.222-37 Feb 2016 Employment Reports on Veterans

FAR 52.222-38 Sep 2010 Compliance with Veterans’ Employment Reporting Requirements

FAR 52.222-40 Dec 2010 Notification of Employee Rights Under the National Labor Relations Act

FAR 52.222-41 Nov 2014 Service Contract Labor Standards

FAR 52.222-50 Feb 2009 Combating Trafficking in Persons

FAR 52.222-53 Feb 2009 Exemption from Application of the Service Contract Act to Contracts for Certain

Services—Requirements.

FAR 52.223-3 Mar 2011 Hazardous Material Identification and Material Safety Data

FAR 52.223-5 Jan 1997 Pollution Prevention and Right-to-Know Information

FAR 52.223-6 May 2001 Drug-Free Workplace

FAR 52.223-10 May 2011 Waste Reduction Program FAR 52.223-11 June 2016

FAR 52.223-18 Aug 2011 Encouraging Contractor Policies to Ban Text Messaging While Driving

FAR 52.232-33 Jul 2013 Payment by Electronic Funds Transfer-System for Award Management

FAR 52.233-3 Jul 1996 Protest After Award.

FAR 52.233-4 Oct 2004 Applicable Law for Breach of Contract Claim

FAR 52.239-1 Aug 1996 Privacy and Security Safeguards

FAR 52.225-13 Jun 2008 Restrictions on Certain Foreign Purchases

FAR 52.225-25 Dec 2012 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran – Representations and Certifications

FAR 52.227-1 Dec 2007 Authorization and Consent

FAR 52.227-2 Dec 2007 Notice and Assistance Regarding Patent and Copyright Infringement

FAR 52.227-3 Apr 1984 Patent Indemnity

FAR 52.227-14 Dec 2007 Rights in Data - General

FAR 52.228-5 Jan 1997 Insurance – Work on a Government Installation

FAR 52.232-1 Apr 1984 Payments

FAR 52.232-8 Feb 2002 Discounts for Prompt Payment

FAR 52.232-9 Apr 1984 Limitation on Withholding of Payments

FAR 52.232-11 Apr 1984 Extras

FAR 52.232-17 Oct 2010 Interest (Over the Simplified Acquisition Threshold)

FAR 52.232-23 Jan 1986 Assignment of Claims

FAR 52.232-25 Jul 2013 Prompt Payment, Alternate I (Feb 2002)

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FAR 52.232-39 Jun 2013 Unenforceability of Unauthorized Obligations

FAR 52.237-1 Apr 1984 Site Visit

FAR 52.237-2 Apr 1984 Protection of Government Buildings, Equipment, and Vegetation

FAR 52.237-3 Jan 1991 Continuity of Services

FAR 52.242-13 Jul 1995 Bankruptcy (Over the Simplified Acquisition Threshold)

FAR 52.242-15 Aug 1989 Stop Work Order and ALT I

FAR 52.242-17 Apr 1984 Government Delay of Work

FAR 52.244-5 Dec 1996 Competition in Subcontracting (Over the Simplified Acquisition Threshold)

FAR 52.244-6 Jul 2014 Subcontracts for Commercial Items

FAR 52.245-1 Apr 2012 Government Propoerty

FAR 52.246-6 May 2001 Inspection-Time and Material and Labor Hour

FAR 52.246-25 Feb 1997 Limitation of Liability

FAR 52.253-1 Jan 1991 Computer Generated Forms

HHSAR 352.202-1 Jan 2006 Definitions - with Alternate paragraph (h) (Jan 2006)

HHSAR 352.203-70 Mar 2012 Anti-Lobbying

HHSAR 352.219-70 Jan 2010 Mentor-protege program

HHSAR 352.222-70 Jan 2010 Contractor Cooperation in Equal Employment Opportunity Investigations

HHSAR 352.223-70 Jan 2006 Safety and Health

HHSAR 352.227-70 Jan 2006 Publications and Publicity

HHSAR 352.242-73 Jan 2006 Withholding of Contract Payments

ARTICLE I.2. 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.

52.219-6 Notice of Total Small Business Set-Aside. (Nov 2011)

As prescribed in 19.508(c), insert the following clause:

(a) Definition. “Small business concern,” as used in this clause, 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 size standards in this solicitation.

(b) Applicability. This clause applies only to—

(1) Contracts that have been totally set aside or reserved for small business concerns; and

(2) Orders set aside for small business concerns under multiple-award contracts as described in

8.405-5 and 16.505(b)(2)(i)(F).

(c) General.

https://www.acquisition.gov/far/html/Subpart%2019_5.html#wp1086899

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(1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.

(2) Any award resulting from this solicitation will be made to a small business concern.

(d) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the

United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply to construction or service contracts.

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters.

(JUL 2013)

As prescribed at 9.104-7(c), 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 database via https://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.

https://acquisition.gov/far/current/html/Subpart%209_1.html#wp1086248 https://acquisition.gov/far/current/html/Subpart%2042_15.html#wp1075411

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(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.

(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.

52.216-1 Type of Contract.

As prescribed in 16.105, complete and insert the following provision:

Type of Contract (Apr 1984)

The Government contemplates award of a __Labor Hour___ contract resulting from this solicitation.

52.216-29 Time-and-Materials/Labor-Hour Proposal Requirements—Non-Commercial Item

Acquisition With Adequate Price Competition. (FEB 2007)

(a) The Government contemplates award of a Time-and-Materials or Labor-Hour type of contract resulting from this solicitation.

https://acquisition.gov/far/current/html/52_207_211.html#wp1145644 https://acquisition.gov/far/current/html/Subpart%2016_1.html#wp1085527

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(b) The offeror must specify fixed hourly rates in its offer that include wages, overhead, general and administrative expenses, and profit. The offeror must specify whether the fixed hourly rate for each labor category applies to labor performed by—

(1) The offeror;

(2) Subcontractors; and/or

(3) Divisions, subsidiaries, or affiliates of the offeror under a common control;

(c) The offeror…