Amendment_NIHES2016090_00001_Senior_Leadership_Training.pdf
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- Attached to
- Senior Leadership Training and Coaching Support Services Federal contract opportunity
- Solicitation number
- NIHES2016090
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Amendment NIHES2016090 00001 Senior Leadership Training
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| RFQ_Amendment_NIHES2016090_000002_Senior_Leadership_Training.pdf | ||
| Attachment_I_-_General_SOW_Senior_Leadership_Training_83016.pdf | ||
| Attachment_II_-_Sample_Task_Order_Statement_of_Work_83016.pdf | ||
| RFQ _NIHES2016090_Senior_Leadership_Training.pdf | ||
| Attachment_I_-_General_SOW_Senior_Leadership_Training.pdf | ||
| Attachment_II_-_Sample_Task_Order_Statement_of_Work.pdf |
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AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE
2. AMENDMENT/MODIFICAITON NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicble)
7. ADMINISTERED BY (If other than Item 6) CODE
STANDARD FORM 30 (REV. 10-83)
Prescribed by GSA FAR (48 CFR) 53.243
FACILITY CODE
9A. AMENDMENT OF SOLICIATION NO.
9B. DATED (SEE ITEM 11)
10A. MODIFICATION OF CONTRACT/ORDER NO.
10B. DATED (SEE ITEM 13)
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended, is not extended.
Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:
(a)By completing items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;
or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment your desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.
12. ACCOUNTING AND APPROPIRATION DATA (If required)
13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS.
IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.
CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER
NO. IN ITEM 10A.
B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc. ) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).
C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
D. OTHER (Specify type of modification and authority)
E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.
Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.
15C. DATE SIGNED
15A. NAME AND TITLE OF SIGNER (Type or print)
16C. DATE SIGNED
16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)
14. DESCRIPTION OF AMENDMENT/MODIFICATION ( Organized by UCF section headings, including solicitation/contract subject matter where feasible.)
PAGE OF PAGES
6. ISSUED BY CODE
8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code) (X)
CODE
15B. CONTRACTOR/OFFEROR
(Signature of person authorized to sign)
16B. UNITED STATES OF AMERICA
(Signature of Contracting Officer)
NSN 7540-01-152-8070
Previous edition unusable
ATTACHMENT VI - NIHES2016090 000001 - GOVERNMENT’S RESPONSES TO INDUSTRY QUESTIONS
No. Reference Question Response
1 General
I see that your office has released a Sources Sought “Senior Leadership Training and Coaching”, Solicitation Number: NIHES2016077 …… It appears to be the same as an RFQ that was also released from your office on 25 Aug, “Senior Leadership Training and Coaching Support Services”, Solicitation Number: NIHES2016090…….
Are both of these to satisfy the same requirement?
An RFQ for NIHES2016077 was not released. NIHES2016077 is a sources sought notice and no RFQ response to this was requested. NIHES2016090 is the RFQ for sources sought notice NIHES2016077. Quoters are to respond to NIHES2016090 only.
2 Attachment I
- SOW
4.1 Senior Leadership Coaching: To provide executive coaching sessions with several of the Executive Leadership at NIEHS to improve management and leadership skills. Coaching shall provide coaching during the semi-annual Leadership Retreat. Contract must create semi-annual Leadership Retreat Curriculum. Overall goal is to create a dynamic team over the life of the contract.
1) Will the contractor has access to the previous Leadership Retreat Curriculum?
2) What is the duration of the Leadership Retreat?
3) What is the location of the Leadership Retreat?
1) There is not a curriculum per se as these are not structured on any one platform or process but rather each is set up independently depending on the issues to be covered. The requirement is for the contractor to coordinate the setting up, agenda, and process used for each retreat. This is generally done in partnership with the NIEHS Chief of Staff.
2) The Leadership Retreat is generally semi-annual, but may be more often depending on issues and staff changes. There are no set dates. Generally one in spring and one in fall. But the dates are very flexible as getting all of the Executive Leadership together is not easy.
3) These are normally done in person, off site.
3 Attachment I
- SOW
4.2.2: Contractor may/must be required to attend various staff meetings to observe the dynamics of group interactions, and later provide recommendations for ways to make the group more efficient.
1) Approximately how many staff meetings will the contractor be required to attend?
2) How many executive leaders attend the staff meetings?
1) Specific task orders will be issued with details specifying this need.
2) Specific task orders will be issued with details specifying this need.
4 RFQ
If the contractor’s most relevant past performance has been as a subcontractor, will the prime contractors be considered as appropriate references?
Yes, prime contractors will be considered as appropriate references.
5 Attachment I
- SOW
It appears that the Government is seeking an on-site contractor: Work shall be performed at the National Institute of Environmental Health Sciences, Building 101, 111 T.W. Alexander Drive, Research Triangle Park, North Carolina 27709 and within the contiguous United States (CONUS). Does this pertain to the Leadership Development programs and coaching being held in NIEHS facilities, or is there a requirement for having one or more contractor’s staff on-site on a full-time basis?
Contractors will not be on-site on a full-time basis. Office space will only be provided when coaching and training are going on at the NIEHS.
6 RFQ
Do you intend for this to be a multiple award, or a single award? An Indefinite Delivery Indefinite Quantity (IDIQ) multiple award contract is anticipated. The number of awards anticipated as a result of the solicitation is up to three (3).
7 Attachment II
– STO SOW
Will the 15 executive coaching sessions and guidance on strategic planning and development for Executive Leadership positions only take place at the retreats?
This is a Sample task order. The Government is requesting your technical approach/solution to the scenario and doesn’t intend on providing the solution. Quoters are to provide their own
ATTACHMENT VI - NIHES2016090 000001 - GOVERNMENT’S RESPONSES TO INDUSTRY QUESTIONS assumptions. NOTE: This is just a sample task order and not a real one that will be issued.
8 Attachment II
– STO SOW
Will all 15 executive coaching sessions take place at one semi-annual retreat or will they be split between multiple retreats?
See response to question 7 above.
9 Attachment I
- SOW
What month of the year or, if multiple retreats, months of the year are the retreats expected to take place?
See response to question 2 2) above.
10 Attachment I
- SOW
Will retreats take place in person, completed virtually, or both? These are normally done in person, off site. It is preferred that the contractor will also facilitate the meetings and would need to be there in person.
11 Attachment I
- SOW
Regarding task 4.2.2, will the various staff meetings take place throughout the retreat(s) or will the staff meetings occur throughout the contract period?
The various staff meetings take place throughout contract period.
Specific task orders will be issued with details specifying this need.
12 General/RFQ
Please clarify whether the $922,356 allotted amount for the contract is per awardee or the grand sum of all awards under the contract?
The contract ceiling is $922,356. The number of awards anticipated as a result of the solicitation is up to three (3). All awardees will compete for a share in the ceiling. It is likely that most task order requests will be competed amongst the awardees on a price only basis and sometimes on an LPTA basis.
13 General If there are multiple awardees, will tasks be split between the awardees or will each awardee perform entire contract on a separate basis?
There will be no task orders issued on a collaborative basis. Task orders will be for coaching and/or training.
14 Attachment II
- STO
Are the 15 training sessions predeveloped training modules or created and tailored to the needs of the Executive Leadership?
See response to question 7 above.
15 RFQ
We would like to request an extension to allow time to clarify issues listed in the SOW. For example, in Section #3.1.1 it states "Subject Matter Experts (SMEs): The Contractor shall provide trained personnel with experience in repair and maintenance of the equipment types listed herein." under Key Personnel. The nature of the opportunity does now seem to lend itself to equipment repairs. However, if NIH does intend to insure equipment support under this IDIQ there doesn't seem to have equipment types listed herein. To summarize LinkVisum would like to request a 10 day extension and a chance to submit Q&A for the procurement.
See Amendment 0001 for revision to Attachment I – SOW. No extension is granted.
16 RFQ
Can I present a proposal to provide a portion of the services listed? Refer to Section M of the RFQ, “The Government intends to make up to three (3) awards to the Quoters whose submission provides the best overall value to the Government”. Only proposing to a portion of the requirement does not satisfy the Government’s need.
17 RFQ
If I cannot propose my services for a portion of this specific program will you consider me when larger firms can use the serviced of smaller firms?
For this acquisition, the set-aside is a total small business set-aside. If there are any subcontracting possibilities, the prime contractor (or higher-tier subcontractor) is responsible for managing its subcontracts.
NIHES2016090
SOLICITATION
PART I - THE SCHEDULE
THE INFORMATION SET FORTH IN SECTION A - SOLICITATION/CONTRACT FORM, HEREIN CONTAINS IMPORTANT INFORMATION FOR ANY QUOTER INTERESTED IN RESPONDING TO THIS SOLICITATION. ANY CONTRACT RESULTING FROM THIS SOLICITATION WILL INCLUDE IN ITS SECTION A - SOLICITATION/ CONTRACT FORM, ACCOUNTING, APPROPRIATION AND GENERAL INFORMATION APPLICABLE TO THE
CONTRACT AWARD.
THE CONTRACT SCHEDULE SET FORTH IN SECTIONS B THROUGH H, HEREIN, CONTAINS CONTRACTUAL INFORMATION PERTINENT TO THIS SOLICITATION. IT IS NOT AN EXACT REPRESENTATION OF THE CONTRACT DOCUMENT THAT WILL BE AWARDED AS A RESULT OF THIS SOLICITATION. THE CONTRACT COST OR PRICE AND OTHER CONTRACTUAL PROVISIONS PERTINENT TO THE QUOTER (i.e., those relating to the organizational structure [e.g., Non-Profit, Commercial] and specific cost authorizations unique to the Quoter's submission and requiring Contracting Officer Prior Approval) WILL BE DISCUSSED IN THE NEGOTIATION
PROCESS AND WILL BE INCLUDED IN THE RESULTANT CONTRACT. THE ENCLOSED CONTRACT
SCHEDULE IS INTENDED TO PROVIDE THE QUOTER WITH THE NECESSARY INFORMATION TO
UNDERSTAND THE TERMS AND CONDITIONS OF THE RESULTANT CONTRACT.
NOTE: the North American Industry Classification Service (NAICS) code is 541611 with a size standard of $15M.This solicitation is set-aside on a total small business basis; all potential small business concerns are encouraged to apply.
The guaranteed minimum for this requirement is $500.00 and is applicable ONLY to the first year of the five year ordering period. A task order will be separately issued to each awardee under this requirement to satisfy this guaranteed minimum.
SECTION A - SOLICITATION/CONTRACT FORM
1. Requisition or other Purchase Authority: ______________________________
2. Request for Quote (RFQ) Number: NIHES2016090
3. Issue Date: August 25, 2016
4. Set Aside:
[ ] No [X] Yes {Total Small Business}
5. Title: Senior Leadership Training and Coaching Support Services
6. ISSUED BY:
Office of Acquisitions National Institutes of Health National Institute of Environmental Health Sciences 530 Davis Drive Morrisville, NC 27560
7. SUBMIT OFFERS TO:
See Part IV Section L - Instructions, Conditions, and Notices to Offerors, Article L.4.2
8. Quotes for furnishing the supplies and/or services in THE SCHEDULE will be received at the place specified in, and in the number of copies specified in Section L - Instructions, Conditions, and Notices to Offerors, Article L.4.2," until 10:00 am local time on September 9, 2016. Offers will be valid for 120 days unless a different period is specified by the Quoter.
9. This solicitation requires delivery of quotes as stated in Section L - Instructions, Conditions, and Notices to Offerors, Article L.4.2," If quotes are required to be delivered to two different locations, the OFFICIAL POINT OF RECEIPT for determining TIMELY DELIVERY is the address provided for the OFFICE OF
ACQUISITIONS.
IF YOUR QUOTE IS NOT RECEIVED BY THE CONTRACTING OFFICER OR HIS DESIGNEE AT THE
PLACE AND TIME SPECIFIED FOR THE OFFICE OF ACQUISITIONS, THEN IT WILL BE CONSIDERED LATE AND HANDLED IN ACCORDANCE WITH subparagraph (c)(3) of FAR Clause 52.212-1, Instructions to Offerors-Commercial Items, LOCATED IN SECTION L.1. OF THIS SOLICITATION.
10. Quoters must be registered in the System for Award Management (SAM) prior to award of a contract.
Quoters must access the CCR through The System for Award Management (SAM) at http://www.sam.gov
11. FOR INFORMATION CALL: Uché Washington
PHONE: (919) 541-0423
E-MAIL: Uche Washington, uche.washington@nih.gov;
COLLECT CALLS WILL NOT BE ACCEPTED.
Uche Washington Contracting Officer Office of Acquisitions, NIEHS http://www.sam.gov/ mailto:E-MAIL:
mailto:uche.washington@nih.gov
SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS
ARTICLE B.1. BRIEF DESCRIPTION OF SUPPLIES OR SERVICES
The contractor shall provide all labor, services, travel, and supervision necessary to provide training, coaching, and teaching of NIEHS Senior Leadership located at Research Triangle Park, North Carolina. The requirement has an anticipated ordering period of five (5) year ordering period (September 22, 2016 through September 21, 2021). An Indefinite Delivery Indefinite Quantity (IDIQ) multiple award contract with Fixed Priced (FP) and Labor Hour (LH) task orders with a total estimated program ceiling of $922,356.21 is anticipated for this acquisition. As needed task orders will be placed by the NIEHS. Specific performance dates, locations, and tasks will be specified on task order Statement of Works (SOWs). The number of awards anticipated as a result of the solicitation is up to three (3).
ARTICLE B.2. PRICES/COSTS
ITEM # DESCRIPTION UNIT MAXIMUM AMOUNT
0001 Services Dollars $922,356.21
Senior Leadership Training & Coaching Support Services The contractor shall provide all labor, services, travel, and supervision necessary to provide training, coaching, and teaching of NIEHS Senior Leadership located at Research Triangle Park, North Carolina. Services shall be performed in strict compliance with the SOW, all specifications, terms, conditions, clauses, and all other provisions contained herein.
Ordering Period: September 22, 2016 - September 21, 2021
MAXIMUM AMOUNT $922,356.21
The final contract will contain the price provisions agreed upon by the Government and the Quoter.
ARTICLE B.3. OPTION PRICES
a. Unless the Government exercises its option pursuant to the option clause referenced in ARTICLE I.8.
ADDITIONAL CONTRACT CLAUSES IN FULL TEXT, this contract consists only of the Base Period specified in the Statement of Work as defined in SECTIONS C and F, for the price set forth in ARTICLE B.2. of this contract.
b. Pursuant to FAR Clause 52.217-8 set forth in ARTICLE I.8. ADDITIONAL CONTRACT CLAUSES IN FULL TEXT of this contract, the Government may, by unilateral contract modification, require the Contractor to perform the Option Period(s) specified in the Statement of Work as defined in SECTIONS C and F of this contract. If the Government exercises this option, notice must be given before the expiration date of the contract. Specific information regarding the time frame for this notice is set forth in the OPTION PROVISION Article in SECTION H of this contract. The fixed price of this contract will be increased as set forth in paragraph c., below.
ARTICLE B.4. ADVANCE UNDERSTANDINGS
a. Non-Personal Services and Inherently Government Functions
(1) Pursuant to FAR 37.1, no personal services shall be performed under this contract. All work requirements shall flow only from the Contracting Officer's Representative (COR) to the Contractor's Project Manager. No Contractor employee will be directly supervised by the Government. All individual employee assignments, and daily work direction, shall be given by the applicable employee supervisor.
If the Contractor believes any Government action or communication has been given that would create a personal services relationship between the Government and any Contractor employee, the Contractor shall promptly notify the Contracting Officer of this communication or action.
(2) Pursuant to FAR 7.5, the Contractor shall not perform any inherently governmental actions under this contract. No Contractor employee shall hold him or herself out to be a Government employee, agent, or representative. No Contractor employee shall state orally or in writing at any time that he or she is acting on behalf of the Government. In all communications with third parties in connection with this contract, Contractor employees shall identify themselves as Contractor employees and specify the name of the company for which they work. In all communications with other Government contractors in connection with this contract, the Contractor employee shall state that they have no authority to in any way change the contract and that if the other contractor believes this communication to be a direction to change their contract, they should notify the Contracting Officer for that contract and not carry out the direction until a clarification has been issued by the Contracting Officer.
(3) The Contractor shall insure that all of its employees working on this contract are informed of the substance of this article. Nothing in this article shall limit the Government's rights in any way under the other provisions of the contract, including those related to the Government's right to inspect and accept the services to be performed under this contract. The substance of this article shall be included in all subcontracts at any tier.
SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT
ARTICLE C.1. GENERAL STATEMENT OF WORK
a. Independently and not as an agent of the Government, the Contractor shall provide senior leadership training and coaching, not otherwise provided by the Government, as needed to perform the SOW, attached hereto and made a part of this Solicitation (See SECTION J - List of Attachments). The SOW provided at Section J, sets forth a general description of work to be ordered under the resulting contract (See SECTION J - List of Attachments).
ARTICLE C.2. REPORTING REQUIREMENTS
a. All reports required herein shall be submitted in electronic format. In addition, one hardcopy of each report shall be submitted to the Contracting Officer.
b. All electronic reports submitted shall be compliant with Section 508 of the Rehabilitation Act of 1973.
Additional information about testing documents for Section 508 compliance, including guidance and specific checklists, by application, can be found at: http://www.hhs.gov/web/508/index.html under "Making Files Accessible."
c. All paper/hardcopy documents/reports submitted under this contract shall be printed or copied, double-sided, on at least 30 percent post-consumer fiber paper, whenever practicable, in accordance with FAR 4.302(b).
d. The SOW provided at Section J, Attachment I, sets forth the description of reports to be submitted under the resulting contract.
http://www.hhs.gov/web/508/index.html
SECTION D - PACKAGING, MARKING AND SHIPPING
All deliverables required under this contract shall be packaged, marked and shipped in accordance with the SOW.
At a minimum; all deliverables shall be marked with the contract number and Contractor name. The Contractor shall guarantee that all required materials shall be delivered in immediate usable and acceptable condition.
SECTION E - INSPECTION AND ACCEPTANCE
a. The Contracting Officer or the duly authorized representative will perform inspection and acceptance of materials and services to be provided.
b. For the purpose of this SECTION, to be determined is the authorized representative of the Contracting Officer.
c. Inspection and acceptance will be performed at:
National Institute of Environmental Health Sciences 111 T. W. Alexander Drive Research Triangle Park, NC 27709
The COR and/or the Alternate COR will monitor the Contractor’s activities and accomplishments and will indicate acceptance or non-acceptance of the deliverables. The deliverables identified above will be inspected and either approved or, if they are not acceptable, rejected by the COR and/or the Alternate COR. Such inspections will occur as determined to be necessary by the COR and/or Alternate COR.
Acceptance may be presumed unless otherwise indicated in writing by the Contracting Officer or the duly authorized representative within 30 days of receipt.
The Government reserves the right to an Inspection period of 30 calendar days, unless a different time period is stated when (the Record of Call/elsewhere in the contract). The receiving report, completed and signed by the appropriate official, constitutes acceptance and shall be acknowledged to the payment office (OFM).
d. This contract incorporates the following clause by reference, with the same force and effect as if it were given in full text. Upon request, the Contracting Officer will make its full text available.
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSE:
1. FAR Clause 52.246-4 Inspection of Services -- Fixed-Price AUG 1996
SECTION F - DELIVERIES OR PERFORMANCE
ARTICLE F.1. PERIOD OF PERFORMANCE
a. The period of performance of this contract shall be five (5) year ordering period (September 22, 2016 - September 21, 2021).
b. If the Government exercises its option pursuant to the OPTION PROVISION Article in Section H of this contract, the period of performance will be increased as listed below
Option Option Period
Option to Extend September 22, 2021 thru March 21, 2022
ARTICLE F.2. DELIVERIES
a. Satisfactory performance of this contract shall be deemed to occur upon performance of the work described in the Description Article in SECTION C of this contract and upon delivery and acceptance by the Contracting Officer, or the duly authorized representative, of the Services specified in the Delivery Schedule which are described in SECTION C of this contract.
b. Deliveries required by the Contractor shall be made F.o.b. destination as set forth in FAR Clause 52.247-35, F.o.b. Destination, within consignees Premises (April 1984) [and any specifications stated in SECTION D, PACKAGING AND MARKING AND SHIPPING, of this contract] to the address/addressee listed below:
c. Unless otherwise specified, deliveries shall be made to the Delivery Point specified above Mondays through Fridays (excluding Federal Holidays) between the hours of 8:30 a.m. and 5:30 p.m. EST only.
Supplies or services scheduled for delivery on a Federal holiday shall be made the following day.
ARTICLE F.3. CLAUSES INCORPORATED BY REFERENCE, FAR 52.252-2 (FEBRUARY 1998)
This contract incorporates the following clause(s) by reference, with the same force and effect as if it were given in full text. Upon request, the Contracting Officer will make its full text available. Also, the full text of a clause may be accessed electronically at this address: http://www.acquisition.gov/far .
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSE:
1. FAR Clause 52.242-15 Stop Work Order AUG 1989
2. FAR Clause 52.242-17 Government Delay of Work APR 1984 http://www.acquisition.gov/far
SECTION G - CONTRACT ADMINISTRATION DATA
ARTICLE G.1. CONTRACTING OFFICER'S REPRESENTATIVE (COR)
The following Contracting Officer's Representative (COR) will represent the Government for the purpose of this contract: [To be designated after award]
The COR is responsible for: (1) monitoring the Contractor's technical progress, including the surveillance and assessment of performance and recommending to the Contracting Officer changes in requirements; (2) interpreting the statement of work and any other technical performance requirements; (3) performing technical evaluation as required; (4) performing technical inspections and acceptances required by this contract; and (5) assisting in the resolution of technical problems encountered during performance.
[The 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.
ARTICLE G.2. 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 contract invoice shall be submitted to the following designated billing office:
National Institutes of Health Office of Financial Management Commercial Accounts 2115 East Jefferson Street, Room 4B-432, MSC 8500 Bethesda, MD 20892-8500
b. One copy of the contract invoice shall be submitted to the following approving official:
Contracting Officer Uché Washington NIH/NIEHS, OM, Office of Acquisitions 530 Davis Drive, Room 1043 P.O. Box 12233, MSC: K1-04, Room 1048 Research Triangle Park, NC 27709 E-mail: uche.washington@nih.gov
The Contractor shall submit an electronic copy of the payment request to the approving official instead of a paper copy. The payment request shall be transmitted as an attachment via e-mail to the address listed above in one of the following formats: MSWord, MS Excel, or Adobe
Portable Document Format (PDF). Only one payment request shall be submitted per e-mail and the subject line of the e-mail shall include the Contractor's name, contract number, and unique invoice number. [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."]
Central Point of Distribution:
The Contractor shall submit an electronic copy of the payment request to the Central Point of Distribution mailbox. The payment request shall be transmitted as an attachment via e-mail to the address listed above in one of the following formats: MSWord, MS Excel, or Adobe Portable Document Format (PDF). Only one payment request shall be submitted per e-mail and the subject line of the e-mail shall include the Contractor's name, contract number, and unique invoice number. [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."]
b. Inquiries regarding payment of contract invoices shall be directed to the designated billing office, (301) 496-
6452.
ARTICLE G.3. POST AWARD EVALUATION OF CONTRACTOR PERFORMANCE
a. Contractor Performance Evaluations Interim and Final evaluations of Contractor performance will be prepared on this contract in accordance with FAR Subpart 42.15. The Final performance evaluation will be prepared at the time of completion of work. In addition to the Final evaluation, Interim evaluation(s) will be prepared annually as follows on the anniversary dates of the contract.
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.
Copies of the evaluations, Contractor responses, and review comments, if any, will be retained as part of the contract file, and may be used to support future award decisions.
b. Electronic Access to Contractor Performance Evaluations Contractors may access evaluations through a secure Web site for review and comment at the following address: http://www.cpars.gov http://www.cpars.gov/
SECTION H - SPECIAL CONTRACT REQUIREMENTS
ARTICLE H.1. NEEDLE EXCHANGE, HHSAR 352.270-12 (December 2015) The Contractor shall not use any funds obligated under this contract to carry out any program of distributing sterile needles or syringes for the hypodermic injection of any illegal drug.
(End of clause)
ARTICLE H.2. ACKNOWLEDGEMENT OF FEDERAL FUNDING
The Contractor shall clearly state, when issuing statements, press releases, requests for quotes, 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.
ARTICLE H.3. LIMITATION ON USE OF FUNDS FOR PROMOTION OF LEGALIZATION OF CONTROLLED
SUBSTANCES
The Contractor shall not use contract funds to support activities that promote the legalization of any drug or other substance included in schedule I of the schedules of controlled substances established under section 202 of the Controlled Substances Act, except for normal and recognized executive-congressional communications. This limitation shall not apply when the Government determines that there is significant medical evidence of a therapeutic advantage to the use of such drug or other substance or that federally sponsored clinical trials are being conducted to determine therapeutic advantage.
ARTICLE H.4. DISSEMINATION OF FALSE OR DELIBERATELY MISLEADING INFORMATION
The Contractor shall not use contract funds to disseminate information that is deliberately false or misleading.
ARTICLE H.5. OPTION PROVISION
Unless the Government exercises its option pursuant to the Option Clause set forth in SECTION I., the contract will consist only of the five (5) year ordering period of the Statement of Work as defined in Sections C and F of the contract. Pursuant to FAR Clause 52.217-8, Option to Extend the Services set forth in SECTION I. of this contract, the Government may, by unilateral contract modification, require the Contractor to perform additional options set forth in the Statement of Work and also defined in Sections C and F of the contract. If the Government exercises this option, notice must be given anytime prior to the expiration date of this contract and the price of the contract will be increased as set forth in the OPTION PRICES Article in SECTION B of this contract.
ARTICLE H.6. ACCESS TO NATIONAL INSTITUTES OF HEALTH (NIH) ELECTRONIC MAIL
All Contractor staff that have access to and use of NIH electronic mail (e-mail) must identify themselves as contractors on all outgoing e-mail messages, including those that are sent in reply or are forwarded to another user. To best comply with this requirement, the Contractor staff shall set up an e-mail signature ("AutoSignature") or an electronic business card ("V-card") on each Contractor employee's computer system and/or Personal Digital Assistant (PDA) that will automatically display "Contractor" in the signature area of all e-mails sent.
ARTICLE H.7. REPORTING MATTERS INVOLVING FRAUD, WASTE AND ABUSE
Anyone who becomes aware of the existence or apparent existence of fraud, waste and abuse in NIH funded programs is encouraged to report such matters to the HHS Inspector General's Office in writing or on the Inspector General's Hotline. The toll free number is 1-800-HHS-TIPS (1-800-447-8477). All telephone calls will be handled confidentially. The website to file a complaint on-line is: http://oig.hhs.gov/fraud/hotline/ and the mailing address is:
US Department of Health and Human Services Office of Inspector General
ATTN: OIG HOTLINE OPERATIONS
P.O. Box 23489 Washington, D.C. 20026 http://oig.hhs.gov/fraud/hotline/
ARTICLE H.8. HHS-CONTROLLED FACILITIES AND INFORMATION SYSTEMS SECURITY
a. To perform the work specified herein, Contractor personnel are expected to have routine (1) physical access to an HHS-controlled facility; (2) physical access to an HHS-controlled information system; (3) access to sensitive HHS data or information, whether in an HHS-controlled information system or in hard copy; or (4) any combination of circumstances (1) through (3).
b. To gain routine physical access to an HHS-controlled information system, and/or access to sensitive data or information, the Contractor and its employees shall comply with Homeland Security Presidential Directive (HSPD)-12, Policy for a Common Identification Standard for Federal Employees and Contractors; Office of Management and Budget Memorandum (M-05-24); and Federal Information Processing Standards Publication (FIPS PUB) Number 201; and with the personal identity verification and investigations procedures contained in the following documents:
1. HHS-OCIO Information Systems Security and Privacy Policy ( http://www.hhs.gov/ocio/policy/#Security )
2. HHS HSPD-12 Policy Document, v. 2.0 ( http://www.whitehouse.gov/sites/default/files/omb/assets/omb/memoranda/fy2005/m05-24.pdf )
3. Information regarding background checks/badges ( http://idbadge.nih.gov/background/index.asp )
c. Position Sensitivity Levels:
This contract will entail the following position sensitivity level:
[ ] Level 6: Public Trust - High Risk. Contractor/subcontractor employees assigned to Level 6 positions shall undergo a Suitability Determination and Background Investigation (MBI).
[ ] Level 5: Public Trust - Moderate Risk. Contractor/subcontractor employees assigned to Level 5 positions with no previous investigation and approval shall undergo a Suitability Determination and a Minimum Background Investigation (MBI), or a Limited Background Investigation (LBI).
[X] Level 1: Non-Sensitive. Contractor/subcontractor employees assigned to Level 1 positions shall undergo a Suitability Determination and National Check and Inquiry Investigation (NACI).
d. The personnel investigation procedures for Contractor personnel require that the Contractor prepare and submit background check/investigation forms based on the type of investigation required. The minimum Government investigation for a non-sensitive position is a National Agency Check and Inquiries (NACI) with fingerprinting. More restricted positions - i.e., those above non-sensitive, require more extensive documentation and investigation.
The Contractor shall submit a roster, by name, position, e-mail address, phone number and responsibility, of all staff (including subcontractor staff) working under the contract that will develop, have the ability to access and/or maintain a Federal Information System(s). The roster shall be submitted to the Contracting Officer's Representative (COR), with a copy to the Contracting Officer, within 14 calendar days after the effective date of the contract. The Contracting Officer shall notify the Contractor of the appropriate level of suitability investigations to be performed. An electronic template, "Roster of Employees Requiring Suitability Investigations," is available for contractor use at:
https://ocio.nih.gov/aboutus/publicinfosecurity/acquisition/Documents/SuitabilityRoster_10-15-12.xlsx .
Upon receipt of the Government's notification of applicable Suitability Investigations required, the Contractor shall complete and submit the required forms within 30 days of the notification.
The Contractor shall notify the Contracting Officer in advance when any new personnel, who are subject to a background check/investigation, will work under the contract and if they have previously been the subject of national agency checks or background investigations.
All contractor and subcontractor employees shall comply with the conditions established for their http://www.hhs.gov/ocio/policy/#Security http://www.hhs.gov/ocio/policy/#Security http://www.whitehouse.gov/sites/default/files/omb/assets/omb/memoranda/fy2005/m05-24.pdf http://www.whitehouse.gov/sites/default/files/omb/assets/omb/memoranda/fy2005/m05-24.pdf http://idbadge.nih.gov/background/index.asp https://ocio.nih.gov/aboutus/publicinfosecurity/acquisition/Documents/SuitabilityRoster_10-15-12.xlsx https://ocio.nih.gov/aboutus/publicinfosecurity/acquisition/Documents/SuitabilityRoster_10-15-12.xlsx designated position sensitivity level prior to performing any work under this contract.
Contractors may begin work after the fingerprint check has been completed.
e. Investigations are expensive and may delay performance, regardless of the outcome of the investigation. Delays associated with rejections and consequent re-investigations may not be excusable in accordance with the FAR clause, Excusable Delays - see FAR 52.249-14. Accordingly, the Contractor shall ensure that any additional employees whose names it submits for work under this contract have a reasonable chance for approval.
f. Typically, the Government investigates personnel at no cost to the Contractor. However, multiple investigations for the same position may, at the Contracting Officer's discretion, justify reduction(s) in the contract price of no more that the cost of the additional investigation(s).
g. The Contractor shall include language similar to this "HHS Controlled Facilities and Information Systems Security" language in all subcontracts that require subcontractor personnel to have the same frequency and duration of (1) physical access to an HHS-controlled facility; (2) logical access to an HHS-controlled information system; (3) access to sensitive HHS data/information, whether in an HHS-controlled information system or in hard copy; or (4) any combination of circumstances (1) through (3).
h. The Contractor shall direct inquiries, including requests for forms and assistance, to the Contracting Officer or designee.
i. Within 7 calendar days after the Government's final acceptance of the work under this contract, or upon termination of the contract, the Contractor shall return all identification badges to the Contracting Officer or designee.
PART II - CONTRACT CLAUSES SECTION I CONTRACT CLAUSES
THE FOLLOWING ARTICLE I.1. GENERAL CLAUSE LISTING(S) WILL BE APPLICABLE TO MOST CONTRACTS
RESULTING FROM THIS RFQ. HOWEVER, THE ORGANIZATIONAL STRUCTURE OF THE SUCCESSFUL
QUOTER(S) WILL DETERMINE THE SPECIFIC GENERAL CLAUSE LISTING TO BE CONTAINED IN THE
CONTRACT(S) AWARDED FROM THIS RFQ:
ARTICLE I.1. The clause at 52.212-4, Contract Terms and Conditions- Commercial Items (MAY 2015) is incorporated in the solicitation and contract by reference. For full text see https://www.acquisition.gov/far/current/ html/52_212_213.html#wp1179465
ARTICLE I.2. The clause at 52.252-2, Clauses Incorporated by Reference (FEB 1998) is incorporated in the solicitation by full text below:
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://farsite.hill.af.mil/vffara.htm and http://farsite.hill.af.mil/vfhhsara.htm.
(End of clause)
ARTICLE I.3. The clause at 52.212-5, -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items is incorporated in the solicitation by full text below:
As prescribed in 12.301(b)(4), insert the following clause:
Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items
(FEB 2016)
(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 (Nov 2015)
(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 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:
[Contracting Officer check as appropriate.] ___ (1) 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).
___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
X (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).
X (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2015) (Pub. L. 109-
282) (31 U.S.C. 6101 note).
___ (5) [Reserved] ___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).
___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L.
111-117, section 743 of Div. C).
X (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).
___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C.
2313).
http://www.acquisition.gov/far/current/ http://www.acquisition.gov/far/current/ http://farsite.hill.af.mil/vffara.htm http://farsite.hill.af.mil/vfhhsara.htm http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/12.htm#P120_20017
___ (10) [Reserved] ___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).
___ (ii) Alternate I (Nov 2011) of 52.219-3.
___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).
___ (ii) Alternate I (Jan 2011) of 52.219-4.
___ (13) [Reserved] X (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).
___ (ii) Alternate I (Nov 2011).
___ (iii) Alternate II (Nov 2011).
___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
___ (ii) Alternate I (Oct 1995) of 52.219-7.
___ (iii) Alternate II (Mar 2004) of 52.219-7.
X (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).
___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637 (d)(4)).
___ (ii) Alternate I (Oct 2001) of 52.219-9.
___ (iii) Alternate II (Oct 2001) of 52.219-9.
___ (iv) Alternate III (Oct 2015) of 52.219-9.
___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).
X (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).
___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C.
657f).
X (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).
___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).
___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).
X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
___ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2016) (E.O. 13126).
X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
X (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).
X (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
X (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
___ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.
13496).
X (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).
___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).
___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 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.)
___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
___ (36) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514 ___ (ii) Alternate I (Oct 2015) of 52.223-13.
___ (37) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).
___ (ii) Alternate I (Jun 2014) of 52.223-14.
X (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).
___ (39) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).
___ (ii) Alternate I (Jun 2014) of 52.223-16.
X (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).
___ (41) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).
___ (42) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).
___ (ii) Alternate I (May 2014) of 52.225-3.
___ (iii) Alternate II (May 2014) of 52.225-3.
___ (iv) Alternate III (May 2014) of 52.225-3.
___ (43) 52.225-5, Trade Agreements (Feb 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
X (44) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
___ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
___ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
___ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.
5150).
___ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).
___ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
X (50) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C.
3332).
___ (51) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).
___ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
___ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
___ (54) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).
___ (ii) Alternate I (Apr 2003) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, 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:
[Contracting Officer check as appropriate.] X (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O.
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