REVISED_4-14-15_Incubator_Shaker_Solicitation_.pdf

Solicitation No: NIHES2015021 Date Issued: April 14, 2015

Due Date: FRIDAY APRIL 24, 2015 by 2:00 pm et

Issued by: Melissa Gentry, Contracting Officer Email: gentry1@niehs.nih.gov Telephone: 919-541-7894

Courier/Overnight Delivery USPS Mail Delivery NIH/NIEHS/Office of Acquisitions NIH/NIEHS Attn: Melissa Gentry Attn: Melissa Gentry Keystone Office Bldg., Rm. 1058 Office of Acquisitions 530 Davis Drive P.O. Box 12874, MD K1-04 Morrisville, NC 27560 Research Triangle Park, NC 27709

Description of Services: Preventative Maintenance and Repair of Government Incubators and Shakers.

The NIEHS intends to acquire Preventative Maintenance and Repair of Government Incubators and Shakers to commence on June 1, 2015 through April 30, 2018. Contract type will be firm-fixed price with a time and material line, with a base period of one (1) year with two (2) one (1) year option periods, for a total period not to exceed three (3) years.

NOTICES:

1. This is a Combined Synopsis/Solicitation.

2. Solicitation is issued as a small business set-aside.

The NAICS Code is 811219 with a Size Standard of $20.5 Million. The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

3. Any questions regarding this announcement must be submitted in writing no later than Monday, April 20, 2015, 10:00 am edt to Melissa Gentry via email at gentry1@niehs.nih.gov. Each question submitted shall reference the specific section and paragraph of the RFQ or Statement of Work as appropriate. Proposals must be received by the Contracting Officer no later than the time specified in the solicitation to be considered for award.

mailto:gentry1@niehs.nih.gov

I. Combined Synopsis Solicitation.

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in Subpart 12.6, in conjunction with FAR 13.5, as applicable, and 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 Proposals (RFP) under NIHES2015021. This solicitation document incorporates all mandatory commercial item provisions and clauses that are in effect through Federal Acquisition Circular (FAC) 2005-78 dated December 26, 2014.

II. Instructions:

For any questions regarding this announcement or requests for additional information must be submitted in writing to Melissa Gentry via email at gentry1@niehs.nih.gov. Notification of any changes shall be made only via the FedBizOpps solicitation posting site. Proposals submitted in response to this notice shall include the solicitation number, DUNS and Tax ID/Employer Identification Numbers, payment terms, and be signed, dated and submitted to an address shown on page 1 of this RFQ. 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.

FAR 52.212-3, Offeror Representations and Certifications-Commercial Items (Dec 2014) is included by reference (full text is available electronically at http://www.acquisition.gov/far. 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.

III. Basis for Award:

1. Offeror should be aware that the Government shall perform a “best value analysis” and the selection for award shall be made to the Offeror whose proposal is most advantageous to the Government, taking into consideration the technical factors listed in the solicitation, past performance, and the total proposed price for the contract period of performance. Technical factors and past performance are significantly more important than price.

http://www.acquisition.gov/far

IV. Supplies, Services, and Prices

This will be awarded as a firm fixed price contract. Furnish and deliver, as required by the National Institute of Environmental Health Sciences, at the following fixed price/time & material prices(s):

Items Quantities Unit Unit

Price Extended

Price

Base (Yr 1)

Preventative Maintenance and Repair of Government Incubators and Shakers Firm Fixed Priced

12 month

Base (Yr1) Optional Services Not-to-Exceed Ceiling Price lot

Option 1 (Yr2)

Government Incubators and Shakers.

month

Option 1 (Yr2)

Not-to-Exceed Ceiling Price

Option 2 (Y3) month

Government Incubators and Shakers.

Option 2 (Yr3)

T&M Line Item

Total BASE: $ _________________

Total OPTION 1: $ _________________

Total OPTION 2: $ _________________

TOTAL ALL YEARS: $ __________________

STATEMENT OF WORK

PART I

1. Introduction and Background

The National Institute of Environmental Health Sciences (NIEHS), located in the Research Triangle Park, North Carolina, is one of the 27 Institutes and centers composing the National Institutes of Health. The mission of the NIEHS is dedicated to reducing the burden of disease and dysfunctions associated with the environment. This mission is accomplished by conducting basic and applied research into the effect of environmental exposure on biological systems and human health, on the identification of susceptible human subpopulations and on the interaction between the environment genetics and age. The instruments specified herein are required and used to conduct the stated basic and applied research. NIEHS would like to continue preventive maintenance service on the instruments needed to accomplish these research efforts.

2. Objective

This contract shall provide for preventive and emergency maintenance, repair, and relocation of approximately 300 Government-owned Incubators and Shakers as required at NIEHS. The incubators and shakers to be covered by this contract have been under continuous maintenance following the expiration of their manufacturer warranties. The instruments are therefore considered to be in optimum mechanical operating order with performance that is in accordance with the manufacturer’s design specifications.

3. General Requirements

The services/work that the Contractor shall provide specifically includes those described or specified herein.

However, the performance as described and specified shall not be deemed to constitute a detailed specification having the effect of excluding other needed work not specifically mentioned that will be necessary for the successful completion of this project as generally described. The Contractor is required to furnish all service necessary to successfully fulfill the overall objectives set forth in the contract.

Complete mechanical and electrical preventive maintenance and emergency maintenance response, including necessary repair service, shall be provided by the Contractor for Government-owned Incubators and Shakers as listed in Attachment 1.The COR or Alternate COR will request emergency maintenance or repair service when determined to be necessary to maintain the equipment in optimum mechanical operating order so that desired performance will be in accordance with design specification.

The Contractor shall be held responsible for the cost of any repairs caused by negligence and abuse on his/her part. The Contractor shall be responsible for the cost for safeguarding all Government property that will be serviced under this contract.

The Contractor shall maintain a current list of all instruments covered by this contract and shall provide an updated list to the COR on a quarterly basis. This list must include the following information for each covered instrument; description, model number, serial number, NIEHS property number (if applicable), location of instrument (room number), principal investigator, and responsible contact. Only listed instruments shall be covered by the terms of this contract.

The Contractor shall remove all trash, discarded parts, dunnage, and other material from areas immediately after completion of preventive maintenance and/or emergency repair. Government-owned dumpsters and recycling containers shall be used for disposal of this waste material. The general area shall be left in a clean and orderly condition free of any foreign material caused by the preventive maintenance or repair activities.

The items listed in Attachment 1 shall require preventative maintenance and may require repairs, emergency repair services and/or relocations. The quantity of items shown represents the Government’s current best estimate of the level of service that will be required during the contract period and are intended for price evaluation and funding purposes only. It is possible that these quantities may increase or decrease by 15% over the life of the contract. As needed, instruments may be added or deleted from the contract. In each instance the cost to the Government shall be calculated based on the contract unit price, and pro-rated from the time the instrument is added/deleted as applicable.

Each piece of equipment to be maintained has been identified by the manufacturer’s serial number. Prior to the removal or replacement of the equipment, advance approval must be given by the COR or Alternate COR. If the equipment is to be temporarily removed or temporarily replaced by the Contractor for the purpose of repair, it shall be the responsibility of the Contractor to contact the COR or Alternate COR. The Contractor must identify all information on the replacement equipment, such as generic name of item, manufacturer, type/model, serial number, etc. to the COR. NIEHS procedures for removal of Government-owned equipment shall be followed.

These procedures and the appropriate forms will be provided to the contractor by the responsible instrument user.

4. Contractor Personnel Requirements

The Contractor shall provide trained personnel with experience in repair and maintenance of the equipment types listed herein. Personnel must be qualified to perform the required preventive maintenance services and repairs for all listed equipment, and to properly re-install relocated instruments.

The Contractor should demonstrate experience, qualifications, and availability of the proposed personnel to include detailed resumes, relevant proof of training, as well as descriptions of previous experience with projects of similar complexity. Personnel should be able to fulfill the administrative requirements for successful contract monitoring and reporting and have demonstrated ability to maintain the types of instruments and prepare service reports.

In the event the service representative is unable to rectify the situation, the Contractor shall provide a senior service engineer, or like, to resolve any problems. All workmanship performed by the Contractor shall be of acceptable industry standard quality and shall be immediately rectified at no additional cost to the Government upon notification of non-acceptability by the Government.

5. Specific Requirements and Tasks

The Contractor shall furnish all necessary personnel, labor, facilities, equipment, parts, materials, and supplies to provide the required technical support and expertise for the following services:

a. Preventive Maintenance

The Contractor shall provide regular service that shall consist of a minimum of two preventive maintenance inspections a year, to be performed on a semi-annual basis not less than four months apart. The instruments shall be inspected and all necessary adjustments made at the time of. To continue proper performance, the units shall be checked completely for parts that may need to be replaced, reassembled, adjusted, and the unit will be thoroughly tested.

Preventative maintenance by the Contractor is to be made in accordance with model specific preventive maintenance checklists to assure maintenance in accordance with original factory specification. A copy of the preventive maintenance checklists shall be provided to the Government as part of the Contractor’s technical proposal. An annual preventative maintenance schedule shall be developed by the Contractor and provided to the

COR for approval.

The Contractor must complete the PM’s and submit the paper work to the Project Officer or Alternate Project Officer for instruments scheduled to receive service by the last day of the month following the scheduled PMs.

The Contractor shall perform preventive maintenance procedures as described in checklists that are provided to the Government as part of the Contractor’s technical proposal. The Contractor shall provide the lab representative with a Preventive Maintenance Service Report upon completion of the preventive maintenance.

The Contractor shall notify the NIEHS users at least forty eight hours in advance of making preventive maintenance inspections, and shall confirm that the schedule work will be performed at a time convenient to the user.

b. Emergency Maintenance

The Contractor shall, when notified by the COR or Alternate COR, provide emergency service by responding on-site within 24 hours and shall evaluate and initiate the necessary steps to make repairs to the equipment within a time frame, as agreed to by the end user, not to exceed 48 hours after the Contractor has been notified. The Contractor shall provide service 365 days of the year on a 24 hour-a-day basis, including weekends and holidays.

In the event the Contractor does not respond to an emergency maintenance request by the Government in the time provided in the preceding paragraph, the Government reserves the right to perform the service in-house or solicit and procure the required services from another vendor. The total cost (labor and materials) to the Government for another vendor to perform the required emergency service shall be deducted from the monthly payment due to the initial Contractor. No warning that the response period has expired will be provided, and repeated failure to arrive on time shall be cause for termination for default.

The cost of any replacement parts and/or supplies required during the repair of equipment is the responsibility of the Contractor and shall be provided at no cost to the Government.

When equipment is to be removed from the Government facilities for repairs, the Project Officer shall be notified before any such action is taken, and NIEHS procedures for removal of Government-owned equipment shall be followed. These procedures and appropriate forms will be provided by the responsible instrument user. In addition, the Contractor shall inspect and initiate the necessary steps to make repairs to the equipment listed herein within a time frame, as agreed to by the end user not to exceed forty-eight hours after a call has been placed by the COR or Alternate COR.

c. Repair Service

The Contractor shall perform all repairs as may be required to restore instruments to optimum operating capacity.

The COR, Alternate COR or designated laboratory personnel may place calls for repairs; the caller will indicate the equipment in need of repair and its location. This contact with the Contractor will be done by the most convenient means, normally by direct telephone contact. The Contractor shall inspect and complete routine onsite repairs to the instruments listed herein within forty-eight hours (two work days) after the call has been placed by the NIEHS designated official. However, in the event repair parts have to be ordered the equipment shall not be out of service for more than five workdays, unless approved by the COR. The Contractor shall be required to furnish manufacturer approved repair parts. Repair parts used by the Contractor must be warranted against defects in materials and workmanship for one year. Equipment shall be maintained by the Contractor to 100% of equipment’s original specifications (incubators and hybridization ovens) and technical updates.

The Contractor shall perform all repairs as may be required to restore instruments to optimum operating capacity.

The COR, Alternate COR, or authorized lab representative may notify the Contractor for repairs; the initiator will indicate the equipment in need of repair and its location. This contact with the Contractor will be done by the most convenient means, normally by direct telephone contact or email. The Contractor shall inspect and complete repairs to the instruments listed herein within 48 hours (two working days) after notification. However, in the event repair parts have to be ordered the equipment shall not be out of service for more than five workdays, unless approved by the COR.

As a part of services provided under this contract, the Contractor shall, at no additional cost to the Government, perform all repairs necessary to prevent a breakdown or failure of Government-owned equipment covered by this contract.

Equipment shall be maintained by the Contractor to be 100% of equipment’s original specifications and technical updates.

d. Replacement Parts and Supplies

All necessary repair parts and materials for maintenance of the instruments listed herein shall be furnished at no additional cost to the Government. The Contractor shall be required to furnish manufacturer approved repair parts. Repair parts used by the Contractor must be warranted against defects in materials and workmanship for one year.

e. Relocations

The Contractor, at the request of the COR or Alternate COR, shall provide the necessary services to relocate instruments covered by this contract. The Contractor shall uninstall, relocate, and reinstall such instruments at the new location and verify that the instrument is operating at optimum capacity. Whenever possible, the Contractor shall combine the preventive maintenance inspection with the installation of the instruments following relocation.

f. Reporting Requirement and Deliverables

1. Service Reports – Delivery Tickets: The Contractor shall instruct its service representatives to obtain a signature from the NIEHS official responsible for the equipment on a service report upon completion of each service call. A copy of the signed service report shall be left with the NIEHS official responsible for the instrument under repair. The Contractor shall also forward copies of the Preventive Maintenance, Repair Service, and Relocation Service Reports to the COR, by the last day of the month following the end of the scheduled activity. However, Emergency Maintenance Service Reports shall be forwarded to the COR within 10 working days after completion of the service. At a minimum, Service Reports should include the following:

A. The Model Number, Serial Number, NIH Property Decal Number (if applicable), Principal

Scientist, Responsible User Name, Location, Date of Service, and a description of the service performed (i.e. calibration, parts replaced, etc.) for each instrument.

2. Monthly Report: The Contractor shall provide a typed monthly report to the Project Officer or Alternate

Project Officer not later than the last working day of the month following each scheduled activity. The monthly report should include the following:

A. A summary of the number and types of request (i.e. emergency repairs, service repairs, and relocation) received, and completed. This summary shall be broken down for each type of service and grouped according to the type of service performed. The report should include: The

Model Number, Serial Number, NIH Decal Number (if applicable), Principal Scientist, Responsible User Name, Location, and Date of Service.

3. Servicing Stickers: The Contractor shall affix a new sticker to each instrument each time that service is performed on the instrument, removing and discarding any previous stickers. The sticker should include the following information:

A. Contractor Name & Contract Number, Instrument Serial Number, Instrument Model Number, Service Representative Name & Telephone Number and Date of Service.

4. History File: The Contractor shall maintain a history file on all repairs, emergency repairs, preventative maintenance, and relocations and must indicate any corrective action taken. The history file shall be the property of the Government and be turned over to the COR upon completion of the contract.

h. Quality Assurance System

The Contractor's Quality Assurance System is an everyday tool to insure the Government's performance standards are being met and should be consistent with Commercial Industry Performance Standards. The system may include, but is not limited to, a written set of self-inspection check lists developed by the Contractor which comprehensively detects variations from the contract requirements; recording of work data; problem analysis;

feedback and control systems for correcting deficiencies; and the necessary documentation to record findings.

The adequacy and efficient management by contractor personnel can have a great impact on both the performance of the contract and the Government's quality assurance surveillance of performance. For this reason Contractors are encouraged to use any industry or commercial standards that are available in their Quality Assurance System. Further, the comprehensiveness of the contractor's Quality Assurance System must be commensurate with the complexities and criticality of the service being performed.

i. Inventory

The COR and the Contractor shall perform a quarterly inventory of all equipment covered on the contract.

6. Government Responsibilities

The COR will ensure that the service personnel have government issued badges to gain access to the NIEHS facility and any equipment or instrument to be serviced.

The Government will monitor the Contractor’s performance under this contract and shall retain the right to perform unscheduled inspections, as it deems necessary. Furthermore, the Government retains all rights provided by the FAR (Federal Acquisition Regulations) clause entitled “Inspection of Services – Fixed Price” and any other inspection clause, which may be specified in the contract.

7. Inspection and Acceptance Criteria

The COR and/or Alternate COR will monitor the Contractor’s activities and accomplishments and will indicate acceptance or non-acceptance of the deliverable. The deliverables identified above will be inspected and either approved or, if they are not acceptable, rejected by the COR and/or Alternate COR. Such inspections will occur within five workdays after receipt of the deliverable.

8. Definitions

The definitions listed below are the special terms and phrases used in this Work Statement or elsewhere in the contract document. For the purpose of the contract, all definitions will apply throughout.

a. Preventive Maintenance (PM) – scheduled checks and services (to include adjustments, cleaning, calibration, inspection, parts replacement and equipment servicing) of installed equipment at intervals recommended by the manufacturer or standards within the industry to ensure proper and efficient operation with minimum breakdowns, deterioration, or other deficiencies.

b. Emergency Maintenance and Repair Service – the restoration of failed or failing Government-owned property to its intended capacity or use. Emergency Maintenance is deemed critical and can only be authorized by the COR or Alternate COR.

c. Relocations - the un-installation, relocation, and re-installation of an instrument from its existing location to a new location and assurance that the instrument is again operating at optimum capacity.

PART II

In addition to the previous, the following services may be requested from the Contractor on a time and materials basis for equipment (incubators and shakers) not covered by Part I of the contract. The contractor should provide a discounted rate and a per unit, per occurrence cost cap.

These services may include the following (but the list should not be considered exclusive of other services not realized at this time):

• Initial setup and calibration of new equipment

• Emergency repair

• Routine repair

• Relocation (to include un-installation, relocation, re-installation, and assurance of operation)

• Decontamination of equipment

All previous requirements listed in Part I shall also apply to services performed under Part II also applicable.

V. Contract Clauses, Terms, Conditions and Instructions

1. Period of Performance

a. The estimated period of performance for this requirement is three (3) years, with a base period of one (1) year and two 92) one (1) year option periods. The estimated period of performance is June 1, 2015 through May 31, 2018.

b. If the Government exercises its options pursuant to Contract Clauses and Provisions, FAR 52.217-8

Option to Extend Services, the period of performance will be increased for an additional 6 months as listed below:

Option Option Period

Option Period 3 June 1, 2018 – December 31, 2018

2. 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.acquisition.gov/far.

3. The following clauses are included by reference:

FAR 52.203-17 Contractor Employee Whistleblower Rights and Requirements to Inform Employees of Whistleblower Rights (Apr 2014) FAR 52.204-4 Printed or Copied Double-Sided on Recycled Paper (May 2011) FAR 52.212-4 Contract Terms & Conditions-Commercial Items (Dec 2014) FAR 52.232-39 Unenforceability of Unauthorized Obligations (June 2013) FAR 52.246-2 Inspection of Supplies – Fixed-Price (Aug 1996)

Addendum to FAR 52.212-4:

1. Stop Work Order, FAR Clause 52.242-15 (August 1989)

(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage.

Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either—

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the Termination for

Convenience of the Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if—

(1) The stop-work order results in an increase in the time required for, or in the Contractor’s cost properly allocable to, the performance of any part of this contract; and

(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

(End of clause)

4. The following HHSAR clauses are incorporated by reference:

352.223-70 Safety and Health (JAN 2006)

5. FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items. (Dec 2015)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)

(2) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)"(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note). 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013) (31 U.S.C. 6101 note).

52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

52.219-9, Small Business Subcontracting Plan (Oct 2014) (15 U.S.C. 637(d)(4)).

(iii) Alternate II (Oct 2001) of 52.219-9.

52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

https://acquisition.gov/far/current/html/52_207_211.html%23wp1146366 https://acquisition.gov/far/current/html/52_222.html%23wp1151848 http://uscode.house.gov/ https://acquisition.gov/far/current/html/52_222.html%23wp1151848 http://uscode.house.gov/ https://acquisition.gov/far/current/html/52_233_240.html%23wp1113329 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 https://acquisition.gov/far/current/html/52_233_240.html%23wp1113344 http://uscode.house.gov/ https://acquisition.gov/far/current/html/52_200_206.html%23wp1137622 http://uscode.house.gov/ http://uscode.house.gov/ https://acquisition.gov/far/current/html/52_200_206.html%23wp1141649 http://uscode.house.gov/ http://uscode.house.gov/ https://acquisition.gov/far/current/html/52_200_206.html%23wp1151299 https://acquisition.gov/far/current/html/52_207_211.html%23wp1140926 https://acquisition.gov/far/current/html/52_207_211.html%23wp1145644 https://acquisition.gov/far/current/html/52_217_221.html%23wp1136032 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 https://acquisition.gov/far/current/html/52_217_221.html%23wp1136058 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 https://acquisition.gov/far/current/html/52_217_221.html%23wp1136058 https://acquisition.gov/far/current/html/52_217_221.html%23wp1136186 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

52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

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

52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).

52.222-21, Prohibition of Segregated Facilities (Feb 1999).

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

52.222-35, Equal Opportunity for Veterans (Jul 2014)(38 U.S.C. 4212).

52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

52.222-37, Employment Reports on Veterans (JUL 2014) (38 U.S.C. 4212).

52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)

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).

52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013)

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

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within the performance period.

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7. CONTRACTING OFFICER'S REPRESENTATIVE (COR)

The following Contracting Officer's Representative (COR) will represent the Government for the purpose of this contract: [To be specified prior to award].

The COR is responsible for: (1) monitoring the Contractor's technical progress, including the surveillance and assessment of performance and recommending to the 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 alternate COR is responsible for carrying out the duties of the COR only in the event that the COR can no longer perform his/her duties as assigned.

The Contracting Officer is the only person with authority to act as agent of the Government under this contract. Only the Contracting Officer has authority to: (1) direct or negotiate any changes in the statement of work; (2) modify or extend the period of performance; (3) change the delivery schedule; (4) authorize reimbursement to the Contractor for any costs incurred during the performance of this contract; (5) otherwise change any terms and conditions of this contract; or (6) sign written licensing agreements. Any signed agreement shall be incorporated by reference in Section K of the contract

The Government may unilaterally change its COR designation.

8. HHSAR 352.242-70 Key Personnel.

The key personnel specified in this contract are considered to be essential to work performance. At least 30 days prior to diverting any of the specified individuals to other programs or contracts (or as soon as possible, if an individual must be replaced, for example, as a result of leaving the employ of the Contractor), the Contractor shall notify the Contracting Officer and shall submit comprehensive justification for the diversion or replacement request (including proposed substitutions for key personnel) to permit evaluation by the Government of the impact on performance under this contract. The Contractor shall not divert or otherwise replace any key personnel without the written consent of the Contracting Officer. The Government may modify the contract to add or delete key personnel at the request of the contractor or Government.

The following applies to Key Personnel assigned to this contract:

Name Title

(To be completed at time of award) Project Manager (Administrative) Senior Service Engineer (Technical)

9. Post Award Evaluation and Contractor Performance

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.

VI. Supplemental Terms and Conditions For Supplies and Services

1. NEW EQUIPMENT

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

2. 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.

3. 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 nongovernmental sources.

4. 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

5. 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.”

mailto:Htips@os.dhhs.gov

6. 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."

7. HHSAR 352.203-70 ANTI-LOBBYING

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.

8. INVOICE SUBMISSION

a. Invoice Instructions for NIH Fixed-Price Type Contracts, NIH (RC)-2, are attached and made part of this contract. The Contractor shall follow the attached instructions and submission procedures specified below to meet the requirements of a "proper invoice" pursuant to FAR Subpart 32.9, Prompt Payment.

1. Payment requests shall be submitted to the offices identified below. Do not submit supporting documentation (e.g., receipts, time sheets, vendor invoices, etc.) with your payment request unless specified elsewhere in the contract or requested by the Contracting Officer.

a. The original invoice shall be submitted to the following designated billing office:

National Institutes of Health Office of Financial Management Commercial Accounts 2115 East Jefferson Street, Room 4B-432, MSC 8500 Bethesda, MD 20892-8500

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

Contracting Officer OM/Office of Acquisitions National Institutes of Health National Institute of Environmental Health Sciences PO Box 12874 MD K1-05 Research Triangle Park, NC 27709

E-Mail: To be specified at award

The Contractor shall submit an electronic copy of the payment request to the approving official instead of a paper copy. The payment request shall be transmitted as an attachment via e-mail to the address listed above in one of the following formats: MSWord, MS Excel, or Adobe Portable Document Format (PDF). Only one payment request shall be submitted per e-mail and the subject line of the e-mail shall include the Contractor's name, contract number, and unique invoice number.

Note: The original payment request must still be submitted in hard copy and mailed to the designated billing office to meet the requirements of a "proper invoice."

2. In addition to the requirements specified in FAR 32.905 for a proper invoice, the Contractor shall include the following information on the face page of all payment requests:

a. Name of the Office of Acquisitions. The Office of Acquisitions for this contract is NIEHS.

b. Central Point of Distribution. For the purpose of this contract, the Central Point of Distribution is NIEHS_OA_Invoices-BranchC@mail.nih.gov.

c. Federal Taxpayer Identification Number (TIN). If the Contractor does not have a valid TIN, it shall identify the Vendor Identification Number (VIN) on the payment request. The VIN is the number that appears after the Contractor's name on the face page of the contract. [Note:

A VIN is assigned to new contracts awarded on or after June 4, 2007, and any existing contract modified to include the VIN number.] If the Contractor has neither a TIN, DUNS, or VIN, contact the Contracting Officer.

d. DUNS or DUNS+4 Number. The DUNS number must identify the Contractor's name and address exactly as stated in the contract and as registered in the Central Contractor Registration (CCR) database. If the Contractor does not have a valid DUNS number, it shall identify the Vendor Identification Number (VIN) on the payment request. The VIN is the number that appears after the Contractor's name on the face page of the contract. [Note: A VIN is assigned to new contracts awarded on or after June 4, 2007, and any existing contract modified to include the VIN number.] If the Contractor has neither a TIN, DUNS, or VIN, contact the Contracting Officer.

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

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

b. Inquiries regarding payment of invoices shall be directed to the designated billing office, (301) 496- 6088.

VII. Contract Provisions, Instructions, Basis for Award and Evaluation Criteria

1. It is anticipated that one award will be made from this solicitation and that the award will be a fixed price contract for a five (5) year period of performance from June 1, 2015 through May 31, 2020.

2. FAR 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)

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

Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

FAR 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations-Representation (Dec 2014)

FAR 52.212-1 Instructions to Offerors-Commercial Items (April 2014) FAR 52.212-3 Offeror Representations & Certifications-Commercial Items (Dec 2014)

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

3. FAR 52.204-5 Women-Owned Business (Other Than Small Business) (Oct 2014)

(a) Definition. “Women-owned business concern,” as used in this provision, means a concern that is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

(b) Representation. [Complete only if the offeror is a women-owned business concern and has not represented itself as a small business concern in paragraph (c)(1) of FAR 52.219-1, Small Business Program Representations, of this solicitation.] The offeror represents that it is a women-owned business concern.

(End of provision)

4. 52.209-5 Certification Regarding Responsibility Matters (APR 2010)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that—

(i) The Offeror and/or any of its Principals— https://acquisition.gov/far/current/html/52_217_221.html%23wp1135900

(A) Are are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have have not , within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract;

violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation);

(C) Are are not presently governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision;

(D) Have , have not , within a three-year period preceding…