Combined_Synopsis_Solicitation_NIHDA201800104_(Signed).pdf

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SMALL BUSINESS

NIHDA201800104

Megan Nathan, Contract Specialist 301-443-6677

MRN 100

National Institutes of Health National Institute on Drug Abuse Bethesda, Maryland 20892

This is a Request for Quote to provide the National Institute on Drug Abuse (NIDA) Intramural Research Program (IRP) with New Media Platform Advertising Services in accordance with the attached Statement of Work.

Continued...

Andrew Hotaling, Contracting Officer

541810

$15 million

07/13/2018

07/13/2018

07/20/2018

3:00 PM EST

NIDA Section, Contracts Management Branch Blue Office of Acquisition, NIDA 6001 Executive Boulevard, Room 4211 - MSC 9559 Bethesda, Maryland 20892-9559

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COMPLETE PARTIAL FINAL

Attachment 1: Statement of Work Attachment 2: Evaluation Criteria Attachment 3: FAR Clauses 52.212-4 Attachment 4: FAR Clauses 52.212-5 Attachment 5: Invoice Instructions Attachment 6: Sample Wage Rate Determination

Solicitation No. NIHDA201800104

Title: New Media Platform Advertising Services

i. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a separate written solicitation will not be issued.

ii. The solicitation number is NIHDA201800104 and the solicitation is issued as a Request for Quotation (RFQ). This procurement is a 100% Small Business Set-Aside. The National Institute on Drug Abuse (NIDA) intends to solicit proposals from qualified Small Businesses under NAICS Code 541810.

This acquisition is for a commercial item or service and is conducted under the authority of the Federal Acquisition Regulation (FAR) Part 13—Simplified Acquisition Procedures; and FAR Part 12—Acquisition of Commercial Items, and is not expected to exceed the simplified acquisition threshold. A fixed-price type of purchase order is contemplated for this requirement.

iii. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-98 / 05/31/18

iv. The North American Industry Classification System (NAICS) code for this procurement is 541810 – Advertising Agencies with associated small business size standard of $15 million.

v. Background:

The mission of the National Institute on Drug Abuse (NIDA) Intramural Research Program (IRP) is to conduct state-of-the-art research on basic mechanisms that underlie drug abuse and addiction, and to develop new methods for the treatment of drug abuse and addiction. The goal of the Neuroimaging Research Branch (NRB), a Branch within the IRP, is to better understand the neurobiological antecedents of illicit drug use and abuse, the neuronal consequences of short and long-term drug use and the potential reversibility of these neuroadaptations. Advanced MRI acquisition pulse sequences and novel analysis strategies are developed and applied in both human and preclinical models in an integrated translational approach to understand the causations of drug taking along with the acute and long-term consequences of such use. Importantly, the NRB studies both healthy, disease free individuals as well as those with various drug dependence disorders. The long-term objective of this research is to inform the development of better behavioral and pharmacological interventions to treat substance abuse and help prevent vulnerable individuals from initiating drug use.

The NIDA IRP NRB conducts research studies using volunteer human participants in the greater Baltimore area. In general, the volunteers are a representative sample of adults from the region between the ages of 18 and 60 who are generally healthy (aside from specified substance use) and willing to participate in single and/or multi-visit research studies conducted on-site at the NIH Baltimore Treatment Center, located on the Bayview Medical Center campus in East Baltimore.

Purpose and Objective:

The purpose of this acquisition is to launch and monitor the performance of a new media advertising campaign to recruit new, eligible volunteer participants to human research studies. The recruitment of these human participants can prove to be challenging, as more than 90-95% of initially screened participants do not meet study eligibility requirements.

NIDA’s goal is to obtain at least 5-6 participants/week to enter the currently active treatment protocols and be representative of the 4 targeted research populations, in addition to matched healthy controls.

vi. Project Requirements:

Independently and not as an agent of the Government, the Contractor shall 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 (see Attached):

• Work with a NIDA study team to design and implement recruitment strategies that are study specific and leverage new media platforms including but not limited to display advertising, social media, mobile, video, and email marketing messages.

• Use targeted technology (e.g. behaviorally, demographically, and geographically targeted advertising messages) to identify relevant potential participant populations and new-media locations for advertisement placement

• Devise an effective marketing plan(s) to reach target populations specific to individual protocol eligibility requirements and study timelines.

• Track recruitment success during life of campaign. Identify recruitment strategies that prove successful/unsuccessful. Maintain flexibility with recruitment strategies in the event it becomes necessary to change on an ongoing basis, as needed to optimize success.

Please see attached Statement of Work (Attachment 1) for further details.

vii. Period of Performance: The estimated period of performance shall be 12 calendar months from date of award.

Deliverables and Reporting requirements:

All deliverables required under this purchase order shall be provided to the Contracting Officer’s Representative (COR) as described in the Statement of Work.

Section 508 – Electronic and Information Technology Standards:

Section 508 Electronic and Information Technology Standards will be applicable for software upgrades as necessary. All electronic files 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."

Pursuant to Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), as amended by the Workforce Investment Act of 1998, all electronic and information technology (EIT) products and services developed, acquired, maintained, or used under this contract/order must comply with the "Electronic and Information Technology Accessibility Provisions" set forth by the Architectural and Transportation Barriers Compliance Board (also referred to as the "Access Board") in 36 CFR part 1194.

Information about Section 508 provisions is available at http://www.section508.gov/. The complete text of Section 508 Final provisions can be accessed at http://www.access-board.gov/guidelines-and-standards.

Publications and Publicity: Contractor shall not, nor is required to, publish any articles of data as a result of fulfilling this requirement.

Confidentiality of Information: Government will not be providing Contractor with confidential information of a personal nature about individuals.

Contracting Officer’s Representative:

The Contracting Officer’s Representative (COR) will represent the Government for the purpose of this contract and will be specified at time of 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 the COR designation at any time throughout the performance period of this contract.

viii. The provision at FAR Clause 52.212-1 Instructions to Offerors—Commercial Items (Oct 2015) is applicable to this solicitation.

ix. The provision at FAR clause 52.212-2, Evaluation – Commercial Items, applies to this acquisition. The following is provided as an addendum to clause 52.212-2: (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, i.e. this RFQ will be evaluated on the basis of a tradeoff method in accordance with the attached Evaluation Factors (Attachment 2).

http://www.hhs.gov/web/508/index.html http://www.section508.gov/ http://www.access-board.gov/guidelines-and-standards http://www.access-board.gov/guidelines-and-standards

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

Responses to this solicitation must include clear and convincing evidence of the Offeror’s capability of fulfilling the requirement as it relates to the technical evaluation criteria.

Offerors may respond with a proposal indicating their ability to provide the technical specifications stated in this solicitation. Responses will be evaluated based on the contractor’s ability to meet the government’s requirements stated in this notice and on ability to deliver required services and supplies.

x. The provision at FAR Clause 52.212-3, Offeror Representations and Certifications Commercial Items, applies to this acquisition.

xi. The provision at FAR Clause 52.212-4, Contract Terms and Conditions—Commercial Items, applies to this acquisition.

xii. The provision of FAR Clause 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders Commercial Items, applies to this acquisition. See Attachment 4.

There are no additional contract requirement(s) or terms and conditions applicable to this acquisition.

The Defense Priorities and Allocations System (DPAS) are not applicable to this requirement.

Responses to this solicitation must include sufficient information to establish the interested parties’ bona-fide capabilities of providing the product or service. Responses to this solicitation must include clear and convincing evidence of the Offeror’s capability of fulfilling the requirement as it relates to the government requirements stated in this solicitation. The Offeror's technical approach shall indicate compliance with the Scope of Work, and describe an essential understanding of the requirements involved in accomplishing the work.

Basic cost and price information in the Offerors business proposal must contain sufficient information to allow the Government to perform a basic analysis of the reasonableness of the Offeror to supply the required services. Any other information or factors that may be considered in the award decision may include such factors as: past performance; special features required for effective service coverage; trade-in considerations; warranty considerations; maintenance and service coverage availability; serial, product or catalog number(s); product description; delivery terms, and prompt payment discount terms.

Respondents that believe that they are manufacturers or authorized resellers of the brand-name product specified in this announcement must provide, as part of their response: (a) product, catalog, model, and/or part number(s); (b) product description; (c) all relevant information and documentation that the item(s) offered meets the salient physical, functional, or performance characteristics as specified in the purchase description; quantity; estimated price or cost; shipping, handling, and/or installation charges; and delivery date after receipt of order.

Offerors MUST include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications Commercial Items, with their offer, OR provide a copy of the valid certifications registrations and Representation and Certifications from the System of Award Management (SAM) applications at www.SAM.gov, which may be indicated on the Offeror’s cover sheet.

In addition, the Dun & Bradstreet Number (DUNS), the Taxpayer Identification Number (TIN), and the certification of business size must be included in the response. All Offerors must have an active registration in the System for Award Management (SAM) www.sam.gov.

All responses must be received no later than July 20, 2018, 3:00 PM EST. Late responses will not be accepted. All responses must reference solicitation number NIHDA201800104. Responses must be submitted electronically to megan.nathan@nih.gov. Facsimile responses will not be accepted. For information regarding this solicitation, please contact Megan Nathan by email at megan.nathan@nih.gov or by phone at 301-443-6677.

http://www.sam.gov/ mailto:megan.nathan@nih.gov mailto:megan.nathan@nih.gov

Version 11-30-2016-1 FAR Part 11—Describing Agency Needs

STATEMENT OF WORK (SERVICES)

(SOW)

GENERAL INFORMATION

Title of Project:

New Media Platform Advertising Services

Statement of Need and Purpose:

NIDA needs to launch and monitor the performance of a new media advertising campaign to recruit new, eligible participants to human research studies.

Background Information and Objective:

The mission of the Intramural Research Program (IRP) of the National Institute on Drug

Abuse is to conduct state-of-the-art research on basic mechanisms that underlie drug abuse and addiction, and to develop new methods for the treatment of drug abuse and addiction. The long-term goal of the research is to better understand the biological and behavioral factors contributing to initiation, maintenance, and elimination of drug abuse and addiction (and associated diseases), and to translate this knowledge into improved strategies for preventing, treating, and reducing the negative consequences for the individual and for society caused by drug abuse and addiction.

The goal of the Neuroimaging Research Branch (NRB), a Branch within the IRP, is to better understand the neurobiological antecedents of illicit drug use and abuse, the neuronal consequences of short and long-term drug use and the potential reversibility of these neuroadaptations. Advanced MRI acquisition pulse sequences and novel analysis strategies are developed and applied in both human and preclinical models in an integrated translational approach to understand the causations of drug taking along with the acute and long-term consequences of such use. Importantly, the NRB studies both healthy, disease free individuals as well as those with various drug dependence disorders. The long-term objective of this research is to inform the development of better behavioral and pharmacological interventions to treat substance abuse and help prevent vulnerable individuals from initiating drug use.

• The NIDA IRP NRB conducts research studies using volunteer human participants in the greater Baltimore area. In general, the volunteers are a representative sample of adults from the region between the ages of 18 and 60 who are generally healthy (aside from substance use as described below) and willing to participate in single and/or multi-visit research studies conducted on-site at The NIH Baltimore Treatment Center, located on the Bayview Medical Center campus in East Baltimore.

• Specific behavioral profiles being recruited are:

o active smokers currently seeking to quit smoking o active smokers not seeking cessation treatment o former smokers who have been abstinent for more than 12 months o active cocaine users o non-smokers

Solicitation No. NIHDA201800104 Attachment 1

• Other groups may be added/subtracted from this list during the life of the contract as study needs within the NRB evolve.

• In total, current protocols require approximately 500 enrolled participants. The recruitment of these human participants can prove to be challenging, as more than 90-95% of initially screened participants do not meet study eligibility requirements.

Period of Performance:

The estimated period of performance shall be 12 calendar months from date of award.

SCOPE OF WORK

General Requirements:

Independently and not as an agent of the Government, the Contractor shall 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 below:

• Work with a NIDA study team to design and implement recruitment strategies that are study specific and leverage new media platforms including but not limited to display advertising, social media, mobile, video, and email marketing messages.

• Use targeted technology (e.g. behaviorally, demographically, and geographically targeted advertising messages) to identify relevant potential participant populations and new-media locations for advertisement placement.

• Devise an effective marketing plan(s) to reach target populations specific to individual protocol eligibility requirements and study timelines.

• Track recruitment success during life of campaign. Identify recruitment strategies that prove successful/unsuccessful. Maintain flexibility with recruitment strategies in the event it becomes necessary to change on an ongoing basis, as needed to optimize success.

Specific Requirements:

• The Contractor shall have experience in providing new-media marketing and advertising services designed to attract and recruit individuals for participation in various types of research protocols.

• The Contractor shall demonstrated success implementing participant recruitment campaigns for various clinical research studies with NIH (or similar clinical research within the Government sector) clients is essential. NIDA’s goal is to obtain at least 5- 6 participants/week to enter the currently active treatment protocols and be representative of the 4 targeted research populations, in addition to matched healthy controls.

Below is a list of venues that have been approved by the NIDA IRB for advertising. New media is the target, but any material approved for use in a specific venue may be placed in any of these approved venues to enhance online efforts.

Additional advertising outlets may be proposed by the Contractor based on target audience and funding priorities and will be discussed with the study team leads and Contracting Officer’s Representative (COR) on an ongoing basis before implementation and will be subject to institutional approvals.

Internet

• ADAA Website (MD Alcohol & Drug Abuse Administration)

• Baltimore citypaper.com (as part of newspaper advertising)

• Baltimore employmentguide.com (as part of newspaper advertising)

• ClinicalConnection.com

• Search page text ads: Google, Yahoo, Bing

• Mobile text ads: Google

• Johns Hopkins Bayview Research website

• Twitter

• YouTube

• MyTrialSpot

• ResearchMatch

• Quality Health

ESTIMATE OF EFFORT:

Online media expert or direct new media platform purchase for twelve months of continuous advertising.

GOVERNMENT RESPONSIBILITIES

The Government may provide contact information (ie email address) for previous research study participants to contractor. Such information will only be provided upon prior IRB approval.

Beyond this, no other PII is to be provided. The Government will clearly describe the target demographics and inclusion/exclusion criteria for specific studies to the contractor to aid in targeting new media campaign(s) to appropriate populations.

The Government will not provide any workspace or physical materials to the Contractor.

Likewise, the Contractor will not require access to government facilities.

DELIVERY OR DELIVERABLES/REPORTING REQUIREMENTS

1. The Contractor shall present a marketing plan for the targeted smoking cessation study populations within the first week of the contract award.

2. The Contractor shall provide bi-weekly reports, which shall include:

a. Number of unique participants driven to online or phone screener, broken down by referral source.

b. In collaboration with the existing NIDA screening contractor, number of phone calls and study admissions per particular advertisement medium and group assignment (i.e. must be able to identify outcomes of each advertisement and venue).

c. Proposed changes to advertisement strategy based on a. and b. above.

3. The Contractor shall deliver performance reports by email. Phone/in person meetings will be conducted as needed to adjust overall new media campaign to ongoing recruiting goals.

a. Report format will include performance (for example: number of advertisement clicks and number of potential recruitment leads produced) metrics broken down by advertising channel (website, email campaign, social media platform).

OTHER CONSIDERATIONS

Travel:

N/A

Key Personnel:

Either direct buy of new media platform OR a new media plan specialist.

Information System Security Plan:

Not Applicable. The Contractor will not be accessing any Government systems directly. Any list of potential recruitment leads will be extracted from Government databases and provided to contractor with prior IRB approval.

Data Rights:

NIDA will have unlimited rights under FAR Clause 52.227-14 to the new media campaign images and text and resulting performance data produced as part of this contract.

Section 508—Electronic and Information Technology Standards:

Section 508 of the Rehabilitation Act of 1973 requires that Federal agencies’ electronic and information technology (EIT) is accessible to people with disabilities. The Federal Acquisition Regulations (FAR) Final Rule for Section 508 (EIT Accessibility) can be found at Section508.gov and at the Access Board’s Web site at Access-board.gov.

Unless it is an “undue burden” or compliant products or services do not exist, the products must conform to Section 508. The contractor should state that they will comply with the requirements of Section 508 or cite a justifiable reason for an exception. If any additional costs for compliance are anticipated, these should be identified. Also, if significant difficulty or expense is involved, a commercial non-availability is declared.

The Contractor must ensure that all EIT products that are less than fully compliant are offered pursuant to extensive market research which ensures that they are the most compliant products and services available. For every EIT product that does not comply with 36 CFR Part 1194, the contractor shall on 30 days’ notice, make every effort to replace or upgrade it with a compliant equivalent product or service, if commercially available and cost neutral.

For existing systems, the Contractor may not be able to identify all costs for compliance if the contractor did not develop that system, but should state that any development performed during the course of this Purchase Order (PO) will be compliant. If significant difficulty or expense is involved, a commercial non-availability is declared. Within 30 days of task award, the Contractor should provide a plan for compliance for the system as a whole, including any costs associated with compliance.

Solicitation No. NIHDA201800104 Attachment 1 http://www.section508.gov/ http://www.access-board.gov/508.htm

Standards The Contractor shall comply with all required Federal or agency standards as specified in the individual PO. The following standards are determined to apply to this PO:

Subpart B — Technical Standards

1194.21 Software applications and operating systems.

1194.26 Desktop and portable computers.

Subpart D — Information, Documentation, and Support

1194.41 Information, documentation, and support.

The Federal Electronic and Information Technology Accessibility Standards (36 CFR 1194) will be incorporated into and made a part of this contract. These standards are found in their entirety at The Section 508 Standards Page. A printed copy of the standards will be supplied upon request. The contractor must comply with the above referenced standards in performing this contract.

Publications and Publicity:

N/A

Confidentiality of Information:

The Contractor would only be furnished with confidential contact information from individuals who have previously participated in NIDA research (i.e. email address) by NIDA staff or representatives following NIDA Institutional Review Board approval. The Contractor will not have direct access to any NIDA information systems.

Solicitation No. NIHDA201800104 Attachment 1 https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-section-508-standards/section-508-standards https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-section-508-standards/section-508-standards

Evaluation Factors

The Government will award a contract resulting from this requirement on the basis of best value, technical factors and price considered. It is the Government’s intent to evaluate each proposal under the following technical factors in descending order of importance. Factors 1 and 2 will be evaluated using a numeric point system. Factor 3 will not use an adjective rating or numeric point system, but the Government will evaluate past performance based on information obtained from references provided by the offeror, other relevant past performance information obtained from other sources known to the Government, and any information supplied by the offeror concerning problems encountered on the identified contracts and corrective action taken.

Technical factors together shall be considered more important than price and all technical evaluation factors are detailed below:

Factor 1. Technical Approach (60 Points) NIDA will evaluate Contractor's technical approach on the soundness, practicality, and feasibility of the Contractor's ability to accomplish the requirements as outlined in the Statement of Work (SOW). NIDA will evaluate Technical Proposals that should address the following:

1. Strategic Plan

a. The Contractor is required to provide an overall strategic plan detailing its approach to fulfilling the requirements of this SOW.

b. The Contractor is required to demonstrate experience creating new media advertising plans with goals similar to current SOW and provide a media plan detailing its approach to fulfilling the requirements of this SOW.

c. The Contractor is required to provide evidence of relationships with new media channel publishers or subcontractors to facilitate purchase/placement of advertising campaigns.

d. The Contractor is required to provide a plan detailing how it will qualitatively and quantitatively evaluate its advertising effectiveness.

2. Forecast of Problems and Solutions The Contractor shall provide a discussion of potential problems and proposed solutions, in particular to address poorly performing media purchases and how they can be modified throughout the life of the contract.

Factor 2. Experience (40 Points)

NIDA will evaluate demonstrated relevant and recent experience of the offeror and any proposed subcontractors on current and past contracts of similar size and scope. "Recent" means active contracts or contracts completed within five years from the issuance date of the NIDA solicitation. "Relevant" means active or completed contracts that required offeror to provide Media Plans for research recruitment purposes and having to meet Government/NIH policies and guidelines for the recruitment of clinical trial participants/patients.

Solicitation No. NIHDA201800104 Attachment 2

The offeror must submit with their proposal a list of contracts completed during the past five (5) years and / or contracts awarded currently in process that are relevant in nature to the work scope. Contracts listed may include those entered into by the Federal Government, agencies of state and local governments.

Factor 3: Past Performance (Not Scored)

For each contract, subcontract, or reference include: (i) Name of Contracting Organization;

(ii) Contract Number (for subcontracts, provide the prime contract number and the subcontract number); (iii) Contract Type; (iv) Total Contract Value; (v) Description of Requirement; (vi) Contracting Officer's Name and Telephone Number; (vii) Program Manager's Name and Telephone Number; and (viii) North American Industry Classification System (NAICS) Code.

The offeror may provide information on problems encountered on the identified contracts and the corrective actions, if any. Offerors will be evaluated on its performance under existing and prior contracts for relevant products or services. The Government is not required to contact all references provided by the offeror. Also, reports in the Past Performance Information Retrieval System (PPIRS) may be reviewed or references other than those identified by the offeror may be contacted by the Government to obtain additional information that will be used in the evaluation of the offeror's past performance.

Solicitation No. NIHDA201800104 Attachment 2

FAR Clause 52.212-4

CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (JANUARY 2017)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

Solicitation No. NIHDA201800104 Attachment 3 http://uscode.house.gov/ http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_233_240.html#wp1113304 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137572

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

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(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment —

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109 , which is applicable to the period in which

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(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by

33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

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(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law.

If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

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(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) System for Award Management (SAM).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to (A) change the name in the SAM database; (B) comply with the requirements of subpart 42.12; and (C) agree in writing to the timeline and procedures

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(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT…