Feb12Solicitation.pdf

PDF 1 MB Posted Feb 12, 2008

Attached to: R-Solicitation for New Multi-Media Services Contract; FY 08 Funds will be used f
Solicitation number: NIHES2008031
Issued by: Department of Health and Human Services National Institutes of Health

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mailto:bryant5@niehs.nih.gov

RFP NIEHS2008031 PRE-PROPOSAL/PROPOSAL CONSIDERATIONS

Pre-proposal Conference

A pre-proposal conference will be held with prospective offerors at 10:00 am, EST on Friday February 22, 2008 at Nottingham Hall, 4505 Emperor Blvd, Durham, NC 27703, 2nd Floor Room 204. The pre-proposal conference will be held for the purpose of providing information which may be helpful in the preparation of proposals and for answering any questions which you may have regarding the solicitation.

The success of this type of conference depends largely on the lead-time available to the Government for research in connection with questions submitted by offerors. Therefore, you are requested to mail written questions concerning any areas of uncertainty which, in your opinion, require clarification or correction, in sufficient time to be received on or before February 20, 2008 at the issuing office listed on the cover page of this RFP.

Your envelope should be marked "Pre-Proposal Conference, RFP No. NIEHS2008031, Attention James E. Bryant, Jr., Contract Specialist." A set of all questions and answers will be furnished to all prospective offerors, whether or not they are in attendance.

Because of space limitations, each prospective offeror shall be limited to a total of two representatives.

Attendance at the pre-proposal conference is recommended; however, attendance is not a prerequisite for proposal submission and will not be considered a factor in proposal evaluation.

REQUEST FOR PROPOSAL (RFP)

COMMERCIAL ITEM

Solicitation No. NIEHS2008031

TITLE: Multi-Media Services________________________________________________

Proposal Due Date: No later than 4:00 P.M. EST February 29, 2008_________________

Notice of Small Business Set-Aside: This requirement is 100% set-aside for small business.

Pre-Proposal Conference: A pre-proposal conference will be held on February 22, 2008 at 10:00 a.m.

EST at Nottingham Hall, 4505 Emperor Blvd. Durham, NC 27703, 2nd Floor, Room No. 204.

Attendance at the conference is highly recommended but is not required and is not a prerequisite for offering. NIEHS Security will greet you as you exit the 2nd floor elevator. All visitors must enter and sign in upon arrival.

ISSUED ON: February 12, 2008______________

BY: NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES

OFFICE OF ACQUISITIONS, OFFICE OF MANAGEMENT

4505 Emperor Blvd, 2nd Floor, Suite 245 P.O. Box 12874, MD NH-02 Research Triangle Park, NC 27709

James E. Bryant, Jr.

CONTRACT SPECIALIST

Telephone No. _919-541-7685

James E. Patterson

CONTRACTING OFFICER

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

ADM-NIEHS

Bethesda MD 20892-7511

Health Sciences

National Institute of Environmental

National Institutes of Health

CODE 16. ADMINISTERED BYCODE

541430

SIZE STANDARD:

100.00

% FOR:SET ASIDE:UNRESTRICTED OR

IO-NIEHS

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

02/29/2008 1600 ES

02/12/2008

+1 919 541 7685JAMES BRYANT

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION

8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

NIHES2008031

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

1. REQUISITION NUMBER PAGE OF

1 53OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

NC 27709

Research Triangle Park

P.O. Box 12874

Office of Acquisitions Branch C, OM

Health Sciences

National Institute of Environmental

9. ISSUED BY

2. CONTRACT NO.

EFFECTIVE DATE

$6.50

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED VETERAN-

OWNED SMALL BUSINESS

HUBZONE SMALL

BUSINESS

EMERGING SMALL

BUSINESS

8(A)X

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

This contract is for Multi-Media Services for the

National Institute of Environmental Health

Sciences (NIEHS). Services are to be provided consistent with the Performance Work Statement

Attachment 2.d.

Please enter proposed prices on the ten page

SF1449 addendum.

Period of Performance: 04/01/2008 to 03/31/2013

On occasion the NIEHS may require products similar to a description in the schedule but with

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

DATED

JAMES E. PATTERSON

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDEND

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 3/2005)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS

NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY

39. S/R VOUCHER NUMBER

38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS 42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 3/2005) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

a slight variation as to size or some other specification.

Therefore, in consideration of the varied multi-media needs of the NIEHS and continual advancements in technology, all offerors are hereby informed that the items and estimated quantities specified in the schedule are based on historical typical annual usage which may not be all inclusive of future requirements.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

532 of

RFP NIEHS2008031 Supplies and Services Price List

SF 1449 Addendum

Products by Number of Items Estimated Unit Unit Extended Description Qty Price Price B/W Laser Prints - 8.5x11 2475 Each Color Laser Prints - 8.5x11 21517 Each Color Laser Prints - 11x17 993 Each C-41 Film Process, 135-36 1 Each CD-ROM - Master 11 Each CD-ROM - Duplication 514 Each 10x12 Color Photo Print, 1st 31 Each 11x14 Color Photo Print, 1st 1 Each 11x14 Color Photo Print, Add'l 1 Each 4X6 Color Photo Print, 1st 73 Each 4X6 Color Photo Print, Add'l 56 Each 5X7 Color Photo Print, 1st 39 Each 8x10 Color Photo Print, 1st 28 Each 8x10 Color Photo Print, Add'l 14 Each 8x12 Color Photo Print, 1st 11 Each 8x12 Color Photo Print, Add'l 9 Each DisplayMaker Poster Print, 16x20" 9 Each DisplayMaker Poster Print, 20x24" 104 Each DisplayMaker Poster Print, 24x30" 173 Each DisplayMaker Poster Print, 24x36" 173 Each DisplayMaker Poster Print, 30x40" 17 Each DisplayMaker Poster Print, 36x48" 61 Each DisplayMaker Poster Print, 48x60" 433 Each DisplayMaker Poster Print, 48x72" 53 Each DisplayMaker Poster Print, 48x84" 23 Each DisplayMaker Poster Print, 48x96" 23 Each DisplayMaker Poster Print / Sq Ft 106 Each DVD - Master 37 Each DVD - Duplication 24 Each Epson Inkjet Prints, 12x18" 19 Each Epson Inkjet Prints, 8.5x11" 269 Each Meeting Equip. Rental Pkg1./Day 10 Each Meeting Equip. Rental Pkg2./Day 5 Each Poster Framing - Per Linear Foot 10 Each Laminating,16x20" - 3 mil Olam Satin 9 Each Laminating, 20x16" - 3 mil Olam Satin 112 Each Laminating, 24x30" - 3 mil Olam Satin 175 Each Laminating, 24x36" - 3 mil Olam Satin 153 Each Laminating, 30x40" - 3 mil Olam Satin 15 Each Laminating, 36x48" - 3 mil Olam Satin 61 Each Laminating, 48x60" - 3 mil Olam Satin 439 Each Laminating, 48x72" - 3 mil Olam Satin 52 Each Laminating, 48x84" - 3 mil Olam Satin 21 Each Laminating, 48x96" - 3 mil Olam Satin 20 Each Laminating / Sq Ft - 3 mil Olam Satin 208 Each Mounting on 11x14" - 1/4" Gator Board 203 Each Mounting on 16x20" - 1/4" Gator Board 45 Each Mounting on 20x24" - 1/4" Gator Board 95 Each Mounting on 24x30" - 1/4" Gator Board 142 Each Mounting on 24x36" - 1/4" Gator Board 163 Each Mounting on 30x40" - 1/4" Gator Board 9 Each Mounting on 48x60" - 1/4" Gator Board 1 Each Mounting on 48x72" - 1/4" Gator Board 2 Each Mounting on 48x96" - 1/4" Gator Board 1 Each Mounting / Sq Ft - 1/4" Gator Board 2 Each Overhead Transparency - 8.5x11" 36 Each Scanning - Prints / Negatives / Transparencies 1008 Each

1 of 12 January 2008

SF 1449 Addendum

Large Quantity 4-Color Printing and Binding Estimated Unit Unit Extended Description Orders Price Price 500 2-sided, bleed, 8.5x11" 3 Each 1000 2-sided, bleed, 8.5x11 3 Each 2500 2-sided, bleed, 8.5x11 1 Each 500 2-sided, bleed, 11x17", fold 1 Each 1000 2-sided, bleed, 11x17", fold 1 Each 2500 2-sided, bleed, 11x17", fold 1 Each 500 2-sided, bleed, 8.5x11" tri-fold 3 Each 1000 2-sided, bleed, 8.5x11" tri-fold 1 Each 2500 2-sided, bleed, 8.5x11" tri-fold 1 Each 2500 2-sided, bleed, 11x17", 2 pg, fold, staple 1 Each 2500 2-sided, bleed, 11x17", 3 pg, fold, staple 4 Each 2500 2-sided, bleed, 11x17", 7 pg, fold, staple 3 Each 500 2-sided, bleed, 8.5x11", 60 pg w/cover, saddle stick 1 Each 100 2-sided, bleed, 8.5x11", 100 pg w/cover, perfect bind 1 Each 100 2-sided, bleed, 8.5x11", 150 pg w/cover, perfect bind 1 Each 100 2-sided, bleed, 8.5x11", 250 pg w/cover, perfect bind 1 Each 500 2-sided, bleed, 8.5x11", 350 pg w/cover, perfect bind 1 Each

Services by Number of Hours Estimated Unit Unit Extended Description Hours Price Price Audio Recording / Hr 72 Hour Audio Editing / Hr 27 Hour Consultation Services, / Hr 1333 Hour Event - Meeting Planning / Hr 186 Hour Event - Meeting Support Onsite / Hr 392 Hour Graphics - General Services / Hr 3891 Hour Graphics - Flash Animation / Hr 63 Hour Graphics - Illustration / Hr 1128 Hour Printing & Binding 2000 Hour Photography / Hr 1071 Hour Photography - Scientific / Hr 35 Hour Photography - Half Day 34 Session Photography - Full Day 17 Day Photography - Retouching / Hr 9 Hour Video Shoot - Half Day, 1 camera 17 Session Video Shoot - Full Day, 1 camera 1 Day Video Assistant - Half Day 5 Session Video Assistant - Full Day 1 Day Video Editing / Hr 268 Hour Video Shoot - Half Day, 2 cameras 1 Session Video Shoot - Full Day, 2 cameras 1 Day

Unit Unit Extended Price Price

Operation of the On-Site Customer Service Window 12 Month

Audio-Images and Travel Not-to-Exceed Line Item 1 Lot NTE $50,000.00

Base Year Total

Rapid Request Fee Each

2 of 12 January 2008

SF 1449 Addendum

3 of 12 January 2008

SF 1449 Addendum

Scanning - Prints / Negatives / Transparencies 1008 Each

Unit Unit Extended Price Price

Operation of the On-Site Customer Service Window 12 Month

Audio-Images and Travel Not-to-Exceed Line Item 1 Lot NTE $50,000.00

Option Year One Total

4 of 12 January 2008

SF 1449 Addendum

5 of 12 January 2008

SF 1449 Addendum

Overhead Transparency - 8.5x11" 36 Each Scanning - Prints / Negatives / Transparencies 1008 Each

Unit Unit Extended Price Price

Operation of the On-Site Customer Service Window 12 Month

Audio-Images and Travel Not-to-Exceed Line Item 1 Lot NTE $50,000.00

Option Year Two Total

6 of 12 January 2008

SF 1449 Addendum

7 of 12 January 2008

SF 1449 Addendum

Mounting / Sq Ft - 1/4" Gator Board 2 Each Overhead Transparency - 8.5x11" 36 Each Scanning - Prints / Negatives / Transparencies 1008 Each

Unit Unit Extended Price Price

Operation of the On-Site Customer Service Window 12 Month

Audio-Images and Travel Not-to-Exceed Line Item 1 Lot NTE $50,000.00

Option Year Three Total

8 of 12 January 2008

SF 1449 Addendum

9 of 12 January 2008

SF 1449 Addendum

Mounting on 48x96" - 1/4" Gator Board 1 Each Mounting / Sq Ft - 1/4" Gator Board 2 Each Overhead Transparency - 8.5x11" 36 Each Scanning - Prints / Negatives / Transparencies 1008 Each

Unit Unit Extended Price Price

Operation of the On-Site Customer Service Window 12 Month

Audio-Images and Travel Not-to-Exceed Line Item 1 Lot NTE $50,000.00

Option Year Four Total

10 of 12 January 2008

SF 1449 Addendum

11 of 12 January 2008

SF 1449 Addendum

12 of 12 January 2008

CONTRACT CLAUSES

1. OFFERORS MUST COMPLETE AND RETURN ALL INFORMATION DESIGNATED IN

52.212-1, INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS, PARAGRAPH Ab@, PRIOR TO THE TIME SPECIFIED IN BLOCK 8 OF SF 1449 IN ORDER TO BE CONSIDERED

FOR AWARD.

2. ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of Amendments to the Solicitation numbered and dated as follows:

AMENDMENT NO. DATE

3. CENTRAL CONTRACTOR REGISTRATION (CCR). The Federal Government requires every company and individual conducting business with the Federal Government to be registered in the CCR database prior to award of contracts, purchase orders, basic agreements, basic ordering agreements, and blanket purchase agreements. Contractors/vendors with existing contracts, purchase orders, basic agreements, basic ordering agreements, or blanket purchase agreements expected to continue beyond the end of this calendar year must register in the CCR database. Before the Office of Acquisitions at NIEHS will issue new purchase orders or contracts for services or supplies the contractor(s) will need register with the database. If the firm does not register in the database the contractor will be instructed to go to the website at http://www.ccr.gov and complete the registration process.

4. DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER. (Applies to offers exceeding

$25,000, and offers of $25,000 or less if the solicitation requires the Contractor to be registered in the Central Contractor Registration (CCR) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the offeror’s name and address. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same parent concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the Internet at http://www.dnb.com. An offeror located outside the United States must contact the local Dun and Bradstreet office for DUNS number.

DUNS # _________________________________ [nine digit number]

5. DELIVERY OF OFFERS. Sealed offers for furnishing the supplies or services in the Schedule will be received at the address specified in Block 9. If the offer is being handcarried or sent by courier, the following address shall be used:

National Institute of Environmental Health Sciences Officer of Acquisitions Branch, OM 4505 Emperor Blvd, 2nd Floor, Suite 245 Durham, NC 27703

External package must have the Asolicitation number@ and Adue date@ clearly marked.

6. 52.212-4 Contract Terms and Conditions—Commercial Items (Feb 2007)

(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 Government wide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). 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.

(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, contract 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—Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration), or applicable agency procedures.

(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 immediately notify the Contracting Officer and request instructions for disposition of the overpayment.

(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.

(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.

(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. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 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, and Compliance with Laws Unique to Government Contracts 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) Central Contractor Registration (CCR).

(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 CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR 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 CCR database to ensure it is current, accurate and complete. Updating information in the CCR 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 CCR database; (B) comply with the requirements of Subpart 42.12;

and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(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 CCR 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 payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757.

(End of clause)

7. Addendum to 52.212-4.

a. 52.204-4 Approval of Contract (Dec 1989)

This contract is subject to the written approval of an NIEHS, Contracting Officer, and shall not be binding until so approved.

(End of clause)

b. 52.216-18 – Ordering (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the contract effective date TBD through the expiration of the contract performance period TBD.

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

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

(End of Clause)

c. 52.216-19 --Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than _$50.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor --

1) Any order for a single item in excess of the estimated total stated in the pricing

Schedule.

2) Any order for a combination of items in excess of the estimated total stated in the pricing Schedule; or

(3) A series of orders from the same ordering office within 365 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216- 21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 3 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

d. 52.216-21 Requirements (Oct 1995)

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

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

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

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

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

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