Combined Synopsis-Solicitation.pdf

NATIONAL INSTITUTES OF HEALTH

National Institute of Environmental Health Sciences

Point of Contact: Paula Pier pierp@niehs.nih.gov Phone: 919-541-2616 Fax: 919-541-5117

Mailing Address: Solicitation #NIHES20090068 Overnight Delivery: NIEHS Due Date: 4:30 PM ET – June 19, 2009

Keystone Building Date Posted: May 29, 2009 530 Davis Drive, C#1047 Durham, NC 27713

Mail Delivery:

payment terms; a statement specifying the extent of agreement with all terms, conditions, and provisions; and be signed, dated and submitted via regular mail, overnight delivery, email or fax to Paula Pier at

NIEHS OM/OA

P.O. Box 12874, MD K1-04 Research Triangle Park, NC 27709

Goods/Services to be purchased: NIH-31 Rodent Diet Wafers

NOTICES:

1. This is a combined synopsis/solicitation.

2. Responses shall include: the Solicitation number; DUNS and Tax ID/Employer Identification Numbers;

pierp@niehs.nih.gov or 919-541-5117 (Fax).

Response shall include: a) Completed Price Schedule (Solicitation Para. II);

b) Technical Response (Solicitation Para. V); and

c) Completed Representations and Certifications (Solicitation Para. I c.).

mailto:pierp@niehs.nih.gov�

I. Solicitation Information and Instructions

a. Combined Synopsis Solicitation. This is a combined synopsis/solicitation for commercial service 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 written solicitation will not be issued. This solicitation is issued as a Request for Quotations (RFQ) under NIHES20090068. This solicitation document incorporates all mandatory commercial item provisions and clauses that are in effect through Federal Acquisition Circular (FAC) 2005-32, effective March 31, 2009. Classification Data:

Full and Open Competition. NAICs Code/Size: 311119/500 employees.

b. Instructions

(1) Offerors must submit information to evaluate their responses based on the criteria listed

(2) Only written requests for additional information will be accepted. Notification of any changes shall be made only on the internet. Quotations submitted in response to this notice shall include the solicitation number, DUNS and Tax ID/Employer Identification Numbers, payment terms, include a statement specifying the extent of agreement with all terms, conditions, and provisions, and be signed, dated and submitted via email or fax to Paula Pier at in Paragraph V, Evaluation and Basis for Award. Failure to provide the information required to evaluate the offer may result in rejection of that offer without future consideration.

pierp@niehs.nih.gov or 919-541-5117 (Fax). Vendors not registered in the Central Contractor Registration (CCR) database at the time the requirement is to be awarded will not be considered. Vendors may register with CCR by calling 1-888-227- 2423 or (269) 961-5757, or by accessing www.ccr.gov. For any questions regarding this announcement, please contact Paula Pier via email pierp@niehs.nih.gov.

(3) FAR 52.212-3, Offeror Representations and Certifications-Commercial Items (FEB

2009) is included by reference (full text is available electronically at http://www.acqnet.gov/). A completed copy of this provision must be included with response. Offeror shall complete only paragraph (j) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (b) through (i) of this provision.

c. Basis for Award: Award will be based on price and other factors to the responsible offeror providing the best value to the Government with technical and price factors considered. Offers will be evaluated in accordance with FAR Clause 52.212-2 Evaluation-Commercial Items (see Solicitation Paragraph V a. Evaluation Criteria, and Basis for Award) http://www.acqnet.gov/�

II. Supplies and Prices Furnish all required personnel, labor, facilities, equipment, tools, parts, materials, and supplies to provide Rodent Diet Wafers in accordance with solicitation terms, conditions, and Statement of Work/Specifications (NIH-31) at the following fixed price(s):

Est. Unit Extended Items QTY Unit Price Price

1. BASE YEAR Requirement

NIH-31 Rodent Diet Wafers 9600 BG $_________ $___________

NIH-31 Rodent Diet Wafers shall comply with attached Work Statement/Specification NIH-31. Delivery FOB Destination in accordance with Attachment II, NIH 31 NIEHS Specification for Open Formula Rat and Mouse Ration 18% Crude Protein Autoclavable.

Packaging: Bags are 50 lbs capacity with 25 lbs product per bag (See NIH-31, Paragraph 4.1).

2. Option Year 1

NIH-31 Rodent Diet Wafers 9600 BG $_________ $___________

Grand Total (Base plus 1 one-year option period) $___________

III a. Clauses, Terms, Conditions, and Instructions

1. Period of Performance

(a) The period of performance of this contract shall be for one year commencing on or about

July 20, 2009.

(b) If the Government exercises its option pursuant to Contract Additional Clauses, Terms, Conditions, and Instructions, Clause 6, FAR 52.217-9 - Option to Extend the Term of the Contract (Mar 2000), the period of performance will be increased as listed below:

Option Option Period

Option Period 1

(a) FOB Destination o/a July 20, 2010 through July 19, 2011

2. Delivery Conditions

(b) Delivery Address:

NIH/NIEHS

Warehouse, Building 104, South Campus 111 T. W. Alexander Drive Research Triangle Park, NC 27709

(c) Deliveries shall be made Monday through Friday (excluding Federal holidays) between 8:30

AM and 4:30 PM. Trucks arriving after 4:30 PM will not be allowed to remain overnight at NIEHS and must return the following day for unloading. Supplies or services scheduled for delivery on a Federal Holiday shall be made the following workday.

(d) Installation Requirements

The contractor shall provide delivery to the site designated above (Para. 2). Government personnel will off-load and deliver the product inside the facility. The contractor shall notify the NIEHS Warehouse Manager, Bill Mears at 919-541-2913, of exact delivery and installation 24 hrs prior to delivery.

3. FAR 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 o/a July 20, 2009 through July 19, 2010.

(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)

4. FAR 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 1600 bags, 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 9600 bags;

(2) Any order for a combination of items in excess of 9600 bags; or

(3) A series of orders the same ordering office within the ordering period that together call for quantities exceeding the limitation in paragraph (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 seven (7) days

(End of clause) 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.

5. 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 http://www.acqnet.gov/far/current/html/52_216.html#wp1115057� 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 the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after

August 19, 2010 (30 days after expiration of the effective period of the contract).

(End of clause)

6. FAR 52.217-9 - Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within the period of performance of awarded portions of the order; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed two (2) years.

(d)

7. FAR 52.252-2 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 address:

http://www.arnet.gov/far.

8. FAR Clauses and Provisions included by reference:

(1) 52.212-1 Instructions to Offerors-Commercial Items (JUN 2008)

(2) 52.212-4 Contract Terms & Conditions--Commercial Items (MAR 2009)

(3) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (MAR 2009)

9. The following FAR clauses are incorporated by reference to implement provisions of law or

Executive orders applicable to acquisitions of commercial items or components.

(1) 52.203-6 Restrictions on Subcontractor Sales to the Government (2) (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and

10 U.S.C. 2402). (OCT 1995)

(2) 52.219-8 Utilization of Small Business Concerns (5/2004) (15 U.S.C. 637(d)(2) & (3)).

(3) 52.222-3 Convict Labor (June 2003) (E.O. 11755)

(4) 52.222-19 Child Labor—Cooperation with Authorities and Remedies (Feb 2008)

(E.O. 13126).

(5) 52.222-21 Prohibition of Segregated Facilities (Feb 1999)

(6) 52.222-26 Equal Opportunity (Mar 2007) (E.O. 11246)

(7) 52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam

Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212)

(7) 52.222-36 Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793)

(8) 52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam

Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212)

(9) 52.222-39 Notification of Employee Rights Concerning Payment of Union Dues or Fees

(Dec 2004) (E.O. 13201)

(10) 52.222-50 Combating Trafficking in Persons (Aug 2007) (Applies to all contracts)

(11) 52.222-54 Employment Eligibility Verification (Jan 2009). (Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

(12) 52.225-1 Buy American Act—Supplies (Feb 2009) (41 U.S.C. 10a-10d).

(12) 52.225-13 Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(13) 52.232-33 Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).

10. METHOD OF ORDERING

The Consignees/Ordering Officials shall sign all orders (including written confirmation of oral/telephone orders) involving request for supplies and/or services under this contract. Each delivery order must be accompanied by a packing slip or evidence of delivery/performance.

The authorized designees are: (to be completed at time of award) ________

The following contractor representative(s) is/are authorized to receive and accept orders placed by telephone:

Name(s): (to be completed at time of award) ________

Telephone: (to be completed at time of award) ________ http://www.acqnet.gov/far/current/html/52_200_206.html#wp1137622� http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+2+13++%2841%29%20%20AND%20%28%2841%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20� http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t09t12+37+408++%2810%29%20%252� http://www.acqnet.gov/far/current/html/52_217_221.html#wp1136032� http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20� http://acquisition.gov/far/current/html/52_222.html#wp1147630� http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20� http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+2+78++%2829%29%20%20AND%20%28%2829%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20� http://www.acqnet.gov/far/current/html/52_222.html#wp1148123� http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20� http://www.acqnet.gov/far/current/html/52_222.html#wp1148147� http://www.acqnet.gov/far/current/html/52_222.html#wp1151848� http://acquisition.gov/far/current/html/52_222.html#wp1156645� http://acquisition.gov/far/current/html/Subpart%2022_18.html#wp1089948� http://www.acqnet.gov/far/current/html/52_223_226.html#wp1169151� http://uscode.house.gov/� http://www.acqnet.gov/far/current/html/52_232.html#wp1153351� http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20�

11. Indefinite Delivery Contract Payment Method

To initiate and receive prompt payment, the Contractor shall comply with the following procedure:

a. A Task Delivery Order Number shall be provided at the time the order is placed. The

Contractor is cautioned not to accept an order unless a delivery order is issued.

b. Invoices shall be submitted against the individual delivery orders issued. Payment and

Billing Instruction are included at Attachment I. Invoices shall cite the Contract number and the Delivery Order Number for each order for which payment is being requested.

12. Invoice Submission

Invoice instructions are for NIEHS Fixed-Price Indefinite Delivery Service Contracts are attached as Attachment I and made part of this contract. The invoice instructions and directions for the submission of invoices must be followed to meet the requirements of a “proper” invoice, pursuant to FAR 32.9 and as identified in Attachment I, Billing/Payment Instruction for NIEHS Fixed-Price Indefinite Delivery Service Contracts.

13. Responsible Officials

1. Contracting Officer Authority for Changes

The Contracting Officer is designated on the contract face page. Only the Contracting Officer has the authority to approve any deviations from the specifications and terms of this contract. Undertakings and/or agreements relative to this contract must be taken up in writing with the Contracting Officer, and Matters handled otherwise will not be recognized as binding upon the government. The contractor shall accept no instructions which deviate from the contract if issued by any person other than the Contracting Officer.

2. Project Officer

a) (To be completed at time of award) is hereby designated as the Project Officer for this contract.

b) Alternate Project Officer: The name of the Project Officer's alternate is (To be completed at time of award) . The Alternate Project Officer has the same authority as the Project Officer, and may exercise that authority at the discretion of the Government, to the extent described below. All references to the Project Officer throughout this contract shall be construed as applying equally to the Alternate.

c) The Government may unilaterally change its Project Officer and/or Alternate designations.

d) The Project Officer will be responsible for coordinating with the contractor in administering the technical aspects of the contract. The project officer is not authorized to make any changes which affect the contract amount, terms, or conditions. Such changes shall be only by action of the Contracting Officer. Services performed under this contract shall be subject to inspection and approval by the Project Officer at any time.

e) The Project Officer is specifically responsible for:

1) Monitoring the contractor's technical progress, including the surveillance and assessment of performance;

2) Recommending to the Contracting Officer changes in requirements;

3) Advising the Contracting Officer of technical interpretations;

4) Performing technical evaluations as needed;

5) Performing technical inspections and acceptances required by this contract;

6) Consulting with the contractor relative to the resolution of technical problems encountered during performance;

7) Providing technical information to the contractor (at the option of the Government) which assists in the interpretation of drawings, specifications, or technical portions of the work description;

8) Reviewing and approving or disapproving technical reports, drawings, specifications, technical information, etc. when the contract provides that such items will be delivered by the contractor to the Government under the contract.

f) The Project Officer cannot authorize or direct any work or actions outside the express terms and conditions of the contract. For guidance to the contractor to be valid, it must:

1) Be consistent with the description of work set forth in this contract;

2) Not constitute new assignments of work;

3) Not constitute any change to the expressed terms, conditions, or specifications incorporated into this contract;

4) Not constitute a basis for an extension to the period of performance or contract delivery schedule;

5) Not constitute a change as defined in the contract clause entitled “Changes";

6) Not constitute a basis for any increase or decrease in the contract price, or any extension or other change to the contract delivery schedules or performance periods.

g) Contractor's Responsibility with Regard to Interaction with the Project Officer, Alternate, or other Individuals.

Note: The following procedures shall be applicable to directions provided during the term of this contract with the exception of directions provided by Government personnel in emergency situations. Emergency situations shall be deemed to include only those unanticipated emergency conditions which impose a threat to the safety of individuals or have the potential for significant damage to Government property if not immediately corrected. In other words, this clause shall be applied to instructions which could be temporarily postponed and do not require immediate reaction by the contractor to insure the protection of life and/or property from extensive harm.

If, in the opinion of the contractor, any instructions, interpretations, directions, or other actions of the Project Officer, or Alternate, or any other individual create a condition or conditions described in item f)1) through 6) above, or will create situations during the term of the contract which will fall within one of the categories defined in item f)1) through 6) above, the contractor shall not proceed. The contractor shall immediately notify the Contracting Officer verbally, if possible, of its concerns in this regard. The verbal notification shall be followed by a written notification to the Contracting Officer documenting the information or actions taken by the Project Officer, Alternate, or other individual, and the basis for the contractor's opinion that those actions, instructions, directions, or interpretations will impact on the contract terms and conditions. The written notice shall be due within five (5) working days after the receipt of the Project Officer's actions which stimulated the concern. The Contracting Officer will gather available information, and will determine whether or not the input actually constitutes a change or other condition prohibited by Section f)1) through 6) above. If it is determined that a change or other prohibited condition will occur, the Contracting Officer will so notify the contractor, and either negotiate and award a formal supplemental agreement, issue a change order, or cancel the directions. If the action by the Project Officer is not determined by the Contracting Officer to be a "change" to the existing contract's terms and conditions, the Contracting Officer will so notify the contractor of this decision and the reasons therefore, and the contractor would be expected to immediately comply. The contractor would retain the rights provided under the "Changes" clause of this contract in the event that proper actions, as described above, are taken to notify the Contracting Officer and obtain Contracting Officer approval before proceeding with directions from any individual that are deemed to be questionable under Section f)1) through 6) above.

14. Post Award Evaluation of Contractor Performance

(a) Contractor Performance Evaluations

1) Interim and final evaluations of Contractor performance will be prepared on this contract in accordance with FAR 42.15. The final performance evaluation will be prepared at the time of completion of work. In addition to the final evaluation, interim evaluation(s) shall be submitted annually based on ending date of each option period.

2) 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.

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

(b) Electronic Access to Contractor Performance Evaluations

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

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

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

15. NEEDLE EXCHANGE

The Contractor shall not use contract funds to carry out any program of distributing sterile needles or syringes for the hypodermic injection of any illegal drug.

(P.L. 111-8, Division F, Title V, Section 505)

16. PRESS RELEASES

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 non-governmental sources.

(P.L. 111-8, Division F, Title V, Section 506)

17. HHSAR 352.270–10 ANTI-LOBBYING (January 2006)

Pursuant to the current HHS annual appropriations act, except for normal and recognized executive-legislative relationships, the Contractor shall not use any HHS contract funds for (i) publicity or propaganda purposes; (ii) the preparation, distribution, or use of any kit, pamphlet, booklet, publication, radio, television or video presentation designed to support or defeat legislation pending before the Congress or any State legislature, except in presentation to the Congress or any State legislature itself; or (iii) payment of salary or expenses of the Contractor, or any agent acting for the Contractor, related to any activity designed to influence legislation or appropriations pending before the Congress or any State legislature.

(End of Clause)

18. RESTRICTION ON EMPLOYMENT OF UNAUTHORIZED ALIEN WORKERS

The Contractor shall not use contract funds to employ workers described in section 274A(h)(3) of the Immigration and Nationality Act, which reads as follows:

“(3) Definition of unauthorized alien.-As used in this section, the term ‘unauthorized alien’ means, with respect to the employment of an alien at a particular time, that the alien is not at that time either (A) an alien lawfully admitted for permanent residence, or (B) authorized to be so employed by this Act or by the Attorney General.”

(P.L. 111-8, Division F, Title V, Section 519

19. NEW EQUIPMENT

New equipment and/or supplies shall be furnished by the Contractor. No used, surplused, or reconditioned equipment or supplies shall be furnished.

20. Reporting Matters Involving Fraud, Waste and Abuse

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

Office of Inspector General Department of Health and Human Services

TIPS HOTLINE

P.O. Box 23489 Washington, D.C. 20026 mailto:Htips@os.dhhs.gov� mailto:Htips@os.dhhs.gov� mailto:Htips@os.dhhs.gov�

IV. Contract Documents, Exhibits or Attachments

a. The following document is incorporated by reference in this contract:

Offeror Representations and Certifications—Commercial Items, Contractor dated (to be completed at time of award).

b. The documents listed below are incorporated in and made a part of this contract:

Attachment I Invoice instructions Attachment II NIH-31 Work Statement Attachment III SF-LLL, Disclosure of Lobbying Activities, dated 7/97

V. Evaluation Criteria, and Basis for Award

a. Evaluation Criteria

1. FAR 52.212-2 Evaluation—Commercial Items (Jan 1999)

(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, price and other factors considered. Responses must meet minimum requirements of the solicitation. The following technical factors shall be used to evaluate offers (factors are listing in descending order of importance with Factors 1 and 2 of equal importance, and Factor 1 substantially more important than Factor 3):

1. Document capabilities and procedures to support product compliance with the NIEHS Specification (NIH-31) for Open Formula Rat and Mouse Ration 18% Crude Protein Autoclavable (e.g., address packaging, delivery, product quality assurance procedures, preparation, pest control program, documentation of pest control records as specified in the SOW, etc.)

2. Facilities and Equipment - demonstrate availability of necessary equipment and supply resource to provide the NIH-31 Rodent Diet in accordance with solicitation requirements (e.g., storage facility for incoming ingredients for preparation of product and storage of packaged product prior to delivery, pelleting equipment, etc). A site inspection by the Government may be required as part of the evaluation.

3. Past Performance - Corporate experience (previous and current contracts) for providing similar types of services in the private and/or government sector. Response shall include a list of contract completed in the past 3 years are currently being performed that are similar in nature to the solicitation. Include the following information for each contract or subcontract listed:

Name of Contracting Organization Contract Number (for subcontracts, provide the prime contract number and the subcontract number) Contract Type Total Contract Value Description of Requirement Contracting Officer's Name and Telephone Number Program Manager's Name and Telephone Number

The Government is not required to contact all references provided by the offeror. Also, 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.

Technical Approach and Facilities and Equipment, and past performance, when combined, are equally important as price or cost. Offeror are advised that award will be made to that offeror whose proposal provides the best overall value to the Government.

The evaluation of offers will be based on the demonstrated capabilities of the prospective contractors in relation to the needs of the project as set forth in the solicitation. The merits of each proposal will be evaluated carefully. Each proposal must document the feasibility of successful implementation of the requirements of the solicitation. Offers must submit information sufficient to evaluate the proposal based on the criteria listed above. Failure to provide the information required to evaluate the proposal may result in rejection of that proposal as technically unacceptable without further consideration.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of option shall not obligate the Government to exercise the option(s).

(c) 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 written notice of withdrawal is receive before award.

(End of provision)

2) 52.217-5 Evaluation of Options (July 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interest, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will no obligate the Government to exercise the option(s).

(End of provision)

3. Potential Award Without Discussions

The Government reserves the right to award a contract without discussions if the Contracting Officer determines that the initial prices are fair and reasonable and that discussions are not necessary.

4. Restriction on Disclosure and Use of Data

Offerors that include in their proposal data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall-

(a) Mark the title page with the following legend: "This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed- in whole or in part- for any purpose other than to evaluate this proposal. If, however, a contract is award to this offeror as a result of- or in connection with- the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets (inserts numbers or other identification of sheets); and

(b) Mark each sheet of data it wishes to restrict with the following legend: "Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal."

Attachment I –

Invoice and Payment Provisions

The following clause is applicable to all Purchase Orders, Task or Delivery Orders, and Blanket Purchase Agreement (BPA) Calls:

Prompt Payment (Oct 2008) FAR 52.232-25. Highlights of this clause and NIH implementation requirements follow:

I. Invoice Requirements

A. An invoice is the Contractor's bill or written request for payment under the contract for supplies delivered or services performed. A proper invoice is an "Original" which must include the items listed in subdivisions 1 through 12, below, in addition to the requirements of FAR 32.9. If the invoice does not comply with these requirements, the Contractor will be notified of the defect within 7 days after the date the designated billing office received the invoice (3 days for meat, meat food products, or fish, and 5 days for perishable agricultural commodities, dairy products, edible fats or oils) with a statement of the reasons why it is not a proper invoice. (See exceptions under II., below.) Untimely notification will be taken into account in the computation of any interest penalty owed the Contractor.

1. Vendor/Contractor: Name, Address, Point of Contact for the invoice (Name, title, telephone number, e-mail and mailing address of point of contact).

2. Remit-to address (Name and complete mailing address to send payment).

3. Remittance name must match exactly with name on original order/contract. If the Remittance name differs from the Legal Business Name, then both names must appear on the invoice.

4. Invoice date.

5. Unique invoice #s for all invoices per vendor regardless of site.

6. NBS document number formats must be included for awards created in the NBS: Contract Number; Purchase

Order Number; Task or Delivery Order Number and Source Award Number (e.g., Indefinite Delivery Contract number; General Services Administration number); or, BPA Call Number and BPA Parent Award Number.

7. Data Universal Numbering System (DUNS) or DUNS + 4 as registered in the Central Contractor Registration

(CCR).

8. Invoices submitted for payment against awards made on or after June 4, 2007, must include the contractor’s DUNS number and Federal Taxpayer Identification Number (TIN). In those exceptional cases where a contractor does not have a DUNS number or TIN, a Vendor Identification Number (VIN) must be referenced on the invoice. The VIN is the number that appears after the contractor’s name on the face page of the award document.

9. Identify that payment is to be made using a three-way match.

10. Description of supplies/services that match

11. Freight or delivery charge must be billed as shown on the award. If it is included in the item price do not bill it separately. If identified in the award as a separate line item, it must be billed separately.

the description on the award, by line billed.*

12. Quantity, Unit of Measure, Unit Price, Extended Price of supplies delivered or services performed, as applicable, and that match

* NOTE: If your invoice must differ from the line items on the award, please contact the Contracting Officer before submitting the invoice. A modification to the order or contract may be needed before the invoice can be submitted and paid.

B. Shipping costs will be reimbursed only if authorized by the Contract/Purchase Order. If authorized, shipping costs must be itemized. Where shipping costs exceed $100, the invoice must be supported by a bill of lading or a paid carrier's receipt.

C. Mail an original and one copy of the itemized invoice to:

National Institutes of Health

Office of Financial Management, Commercial Accounts

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

Bethesda, MD 20892-8500

For inquiries regarding payment call: (301) 496-6088

In order to facilitate the prompt payment of invoices, it is recommended that the vendor submit a photocopy of the invoice to the “Consignee” designated for the acquisition in blocks 6A – 6E of the face page of the Order/Award document.

II. Invoice Payment

A. Except as indicated in paragraph B., below, the due date for making invoice payments by the designated payment office shall be the later of the following two events:

1. The 30th day after the designated billing office has received a proper invoice.

2. The 30th day after Government acceptance of supplies delivered or services performed.

the line items specified in the award.*

NIHES20090068

B. The due date for making invoice payments for meat and meat food products, perishable agricultural commodities, dairy products, and edible fats or oils, shall be in accordance with the Prompt Payment Act, as amended.

III. Interest Penalties

A. An interest penalty shall be paid automatically, if payment is not made by the due date and the conditions listed below are met, if applicable.

1. A proper invoice was received by the designated billing office.

2. A receiving report or other Government documentation authorizing payment was processed and there was no disagreement over quantity, quality, or contractor compliance with an term or condition.

3. In the case of a final invoice for any balance of funds due the contractor for supplies delivered or services performed, the amount was not subject to further settlement actions between the Government and the Contractor.

B. Determination of interest and penalties due will be made in accordance with the provisions of the Prompt

Payment Act, as amended, the Contract Disputes Act, and regulations issued by the Office of Management and Budget.