NIHFacMaintSF1449FINALv.doc

NIH Facilities Maintenance 75N98024R00015

Standard Form (SF) 1449, Solicitation/Contract/Order for Commercial Items

TABLE OF CONTENTS

Page Nos.

Solicitation/Contract/Order for Commercial Items, Standard Form (SF) 1449

Table of Contents

2-3

Instructions to Offerors—Commercial Products and Commercial Services (Mar 2023) - Continuation of SF-1449

Pricing Schedule

5-19

Instructions to Offerors—Commercial Products and Commercial Services (Mar 2023) to FAR Clause 52.214-4 - Contract Terms and Conditions - Commercial Items

20-31

Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items Products and Commercial Services (Sep 2023 (FAR Clause 52.212-5) 32-34

Instructions to Offerors—Commercial Products and Commercial Services (Mar 2023) to FAR 52.212-5

35-36

Attachments and Exhibits

Attachment 1 Statement of Work

Attachment 2 NIH Facilities Maintenance Custodial Site Cleanable Space

Attachment 3 NIH Visitor Access Map

Attachment 4 NIH Off-Site Facilities Inventory Address Locations

Attachment 5 Exhibit B- Contractor Required Deliverables schedule FAR 52.212-3 -Offeror Representations and Certifications—Commercial Products and

Commercial Services (Sep 2023)

38-47

Instructions to Offerors—Commercial Products and Commercial Services (Sep 2023)

48-64

I.

General Information

II.

Instructions to Offerors

1.

General Instructions

2.

Technical Proposal Instructions

3.

Business Proposal Instructions

Offeror Representations and Certifications—Commercial Products and Commercial Services (Sep 2023)

65-68

Evaluation—Commercial Products and Commercial Services (Nov 2021)

Instructions to Offerors—Commercial Products and Commercial Services (Sep 2023) - Continuation of SF-1449 (Blocks 19 - 24) Description of Services Independently, and not as an agent of the Government, the Contractor shall provide all resources, equipment, cleaning and restroom supplies, supervision, management, necessary to provide all custodial and related services set forth in the Statement of Work (Attachment 1). This includes all routine, special project and other tasks at frequencies needed to meet the quality specifications noted.

The statement of work is a performance-based service. The statement of work states the Government’s requirement in terms of what must be done and describes the required quality level of the services performed. It does not state detailed procedures for accomplishing the work unless there are safety, security, communication, or other special requirements. It is the responsibility of the Contractor to ensure that sufficient manpower is provided to meet the performance standards specified.

TERM OF CONTRACT:

AFTER AWARD, THE SUCCESSFUL CONTRACTOR WILL BE GIVEN A WRITTEN NOTICE TO PROCEED AND SHALL PROVIDE CONTRACTUAL SERVICES FOR A BASE PERIOD OF ONE (1) 12 MONTH YEAR, SUBJECT TO THE AVAILABILITY OF FUNDS, (SEE 52.232-18 Availability of Funds. (Apr 1984) DATE SPECIFIED IN THE NOTICE TO PROCEED. WORK UNDER THIS CONTRACT IS EXPECTED TO COMMENCE ON OR ABOUT December 11, 2017.

OPTION TO EXTEND THE TERM OF THE CONTRACT:

THE GOVERNMENT SHALL HAVE THE UNILATERAL OPTION OF EXTENDING THE TERM OF THIS CONTRACT FOR FOUR CONSECUTIVE ADDITIONAL Option PERIODS OF TWELVE (12) MONTHS EACH (SEE FAR CLAUSE 52.217-9, OPTION TO EXTEND THE TERM OF THE CONTRACT - SERVICES (MARCH 2000), IN CONTRACT CLAUSES. THE SAME TERMS AND CONDITIONS CONTAINED IN THIS CONTRACT SHALL APPLY TO EACH OPTION EXERCISED. OPTIONS SHALL BE EXERCISED UPON WRITTEN NOTIFICATION (EMAILED OR OTHERWISE FURNISHED) TO THE CONTRACTOR AT LEAST SIXTY (60) CALENDAR DAYS PRIOR TO THE EXPIRATION OF THE CONTRACT. THE TOTAL DURATION OF THIS CONTRACT, INCLUDING THE EXERCISE OF ANY OPTIONS, SHALL NOT EXCEED FIVE (5) YEARS.

THE EXERCISE OF OPTIONS IS A GOVERNMENT PREROGATIVE, NOT A CONTRACTUAL RIGHT ON THE PART OF THE CONTRACTOR. IF THE GOVERNMENT EXERCISES THE OPTION(S) WITHIN THE PRESCRIBED TIMEFRAMES, THE CONTRACTOR SHALL BE BOUND TO PERFORM THE SERVICES FOR THE OPTION PERIOD(S) OR BE SUBJECT TO THE DEFAULT PROVISION OF THE CONTRACT.

Maximum and Minimum Quantities The size of this project is expected to be no less than 500,000 square feet and not more than 6,000,000 square feet of cleanable space. The square footage currently being serviced under contract is 4,053,115.

Increase and Reduction of Cleanable Space The Government reserves the right to add and delete cleanable square footage within the minimum and maximum quantities of this contract at the fixed price of any of the performance levels.

In addition, the Government may increase and/or decrease cleanable space under the following conditions:

a. Reduction of space: The minimum reduction shall consist of 1,500 square feet of space which remains unoccupied for 30 days or longer. The Contracting Officer’s Representative (COR) will give the Contractor a written notice of the square footage, type of space to be reduced, and the effective date of the reduction within five (5) working days before the effective date.

b.

Increase of space: There is no minimum for increasing space. The COR will give the Contractor a written notice of the square footage to be added, the type of space, and the required performance level within five (5) working days before the services are to commence.

Selection of Performance Levels The Government reserves the right to select any of the three performance levels for any building. At a minimum, selection of performance levels may be made for Room Groups of an entire floor or in special use areas such as, but not limited to, Building 31, Fitness Center; Child Care Center in Building 64, Building 23 etc. The COR will give the Contractor a written notice of any revisions to the most likely performance levels identified in Table 2. It is the intent of the Government for performance to be fair level at the time of award, with the exception of Building 10 which will be the good level at award. Notification will include the selected performance level(s), the building(s), the floor(s), and the number of square feet affected at least 30 calendar days before implementation of any change.

Instructions to Offerors—Commercial Products and Commercial Services (Mar 2023) - Continuation of SF-1449 (Blocks 19 - 24) Pricing Schedule for Custodial and Related Services Basic Contract Period: through

[to be completed at time of award]

(1) Annual fixed square foot price for providing all custodial and related services by group of space and level of cleanliness.

Estimated Amount Based on Most Likely Levels of Performance (refer to Table 3.4.b)

(1) Miscellaneous Service Tasks: Quote loaded hourly rates.

Not to Exceed 2,000 hours

Instructions to Offerors—Commercial Products and Commercial Services (Mar 2023) - Continuation of SF-1449 (Blocks 19 - 24) (3) Fixed loaded price per unit for providing additional Project Services as described in Article 5 of the Statement of Work:

Initial

250 sq../$

Increments

20 sq./$

terrazzo floor

Estimated Amount Not to Exceed:

[to be determined by the Government at time of award]

(4) Fixed Unit price for providing additional Project Services as described in Article 5 of the Statement of Work:

2XDay Policing of rest rooms/lockers and 1XWeek Sauna Cleaning, see Section J, Exhibit 1

see Section J, Exhibit 1

(except New Year’s Day, Thanksgiving Day, and Christmas Day) service, see Attachment 5

Total Project Services

[to be determined by the Government at time of award]

Instructions to Offerors—Commercial Products and Commercial Services (Mar 2023) - Continuation of SF-1449 (Blocks 19 - 24) (5) Dining Areas: The Contractor shall service the following dining areas located in various buildings on the NIH main campus. The Government reserves the right to add Buildings and Rooms to the inventory with adequate notice to the contractor. (see Attachment 5, Building Information for specific details/requirements):

Square Footage

Total - Cafeterias

Estimated Total - Base Period of Performance:

Instructions to Offerors—Commercial Products and Commercial Services (Mar 2023) - Continuation of SF-1449 (Blocks 19 - 24) 1st Option Period: through [to be completed at time of award]

(1) Annual fixed square foot price for providing all custodial and related services by group of space and level of cleanliness.

(2)

Not to Exceed 2,000 hours $

[to be determined by the Government at time of award]

Instructions to Offerors—Commercial Products and Commercial Services (Mar 2023) - Continuation of SF-1449 (Blocks 19 - 24) (3) Fixed loaded price per unit for providing additional Project Services as described in Article 5 of the Statement of Work:

Initial

250 sq.ft./$ Incremental

20 sq.ft./$ Initial

250 sq.ft./$ Incremental

20 sq.ft./$

Clean carpeting

(dry cleaning or extraction method

Strip and refinish sheet and tile vinyl floor

Clean, wax and buff wood floor

Scrub and seal concrete floor

Strip and refinish marble or terrazzo floor

[to be determined by the Government at time of award]

Fixed Unit price for providing additional Project Services as described in Article 5 of the Statement of Work:

Month Total

2XDay Policing of rest rooms/lockers and

1XWeek Sauna Cleaning, see Section J, Exhibit 1

see Section J, Exhibit 1

(except New Year’s Day, Thanksgiving Day, and Christmas Day) service, see Attachment 5

Instructions to Offerors—Commercial Products and Commercial Services (Mar 2023) - Continuation of SF-1449 (Blocks 19 - 24) (5) Dining Areas: The Contractor shall service the following dining areas located in various buildings on the NIH main campus (see Attachment 5, Building Information for specific details/requirements):

Square Footage

Estimated Total - 1st Option Period Instructions to Offerors—Commercial Products and Commercial Services (Mar 2023) - Continuation of SF-1449 (Blocks 19 - 24) 2nd Option Period: through [to be completed at time of award]

(1) Annual fixed square foot price for providing all custodial and related services by group of space and level of cleanliness.

of Performance (refer to Table 3.4.b):

Instructions to Offerors—Commercial Products and Commercial Services (Mar 2023) - Continuation of SF-1449 (Blocks 19 - 24) (3) Fixed loaded price per unit for providing additional Project Services as described in Article 5 of the Statement of Work:

Initial

Incremental

20 sq.ft./$ Initial

250 sq.ft./$ Incremental 20 sq.ft./$

sheet and tile vinyl floor

buff wood floor

concrete floor

marble or terrazzo floor

[to be determined by the Government at time of award]

(4) Fixed Unit price for providing additional Project Services as described in paragraph Article 5 of the Statement of Work:

Per Month Total

2XDay Policing of rest rooms/lockers and

1XWeek Sauna Cleaning, see Section J, Exhibit 1

, see Section J, Exhibit 1

and holiday (except New Year’s Day, Thanksgiving Day and Christmas Day) service, see Attachment 4

Total Project Services:

Instructions to Offerors—Commercial Products and Commercial Services (Mar 2023) - Continuation of SF-1449 (Blocks 19 - 24) (5) Dining Areas: The Contractor shall service the following dining areas located in various buildings on the NIH main campus (see Attachment 5, Building Information for specific details/requirements):

Square Footage

Month

Estimated Total - 2nd Option Period 3rd Option Period: through [to be completed at time of award]

(1) Annual fixed square foot price for providing all custodial and related services by group of space and level of cleanliness.

Not to Exceed 2,000 hours

(3) Fixed loaded price per unit for providing additional Project Services as described in Article 5 of the Statement of Work:

Initial

Incremental

20 sq.ft./$ Initial

250 sq.ft./$ Incremental

20 sq.ft./$

or extraction method

and tile vinyl floor

buff wood floor

or terrazzo floor

Estimated Amount Not to Exceed

[to be determined by the Government at time of award]

(4) Fixed Unit price for providing additional Project Services as described in Article 5 of the Statement of Work:

Per Month Total

2XDay Policing of rest rooms/lockers and 1XWeek Sauna Cleaning, see Section J, Exhibit 1

see Section J, Exhibit 1

(except New Year’s Day, Thanksgiving Day and Christmas Day) service, see Attachment 5

Instructions to Offerors—Commercial Products and Commercial Services (Mar 2023) - Continuation of SF-1449 (Blocks 19 - 24) (5) Dining Areas: The Contractor shall service the following dining areas located in various buildings on the NIH main campus (see Attachment 5, Building Information for specific details/requirements):

Square Footage

Estimated Total - 3rd Option Period Instructions to Offerors—Commercial Products and Commercial Services (Mar 2023) - Continuation of SF-1449 (Blocks 19 - 24) 4th Option Period: through [to be completed at time of award]

(1) Annual fixed square foot price for providing all custodial and related services by group of space and level of cleanliness.

of Performance (refer to Table 3.4.b) $

Instructions to Offerors—Commercial Products and Commercial Services (Mar 2023) - Continuation of SF-1449 (Blocks 19 - 24) (3) Fixed loaded price per unit for providing additional Project Services as described in Article 5 of the Statement of Work:

Initial

Incremental

20 sq.ft./$ Initial

250 sq.ft./$ Incremental

20 sq.ft./$

(dry cleaning or extraction method

sheet and tile vinyl floor

buff wood floor

concrete floor

or terrazzo floor

Fixed Unit price for providing additional Project Services as described in Article 5 of the Statement of Work:

Per Month Total

Building 31 - NIH Fitness Center

2XDay Policing of rest rooms/lockers and 1XWeek Sauna Cleaning, see Section J, Exhibit 1

Building 12 - Weekend service in Computer Area, see Section J, Exhibit 1

NIH Police Station, Building 31 - weekend and holiday (except New Year’s Day, Thanksgiving Day and Christmas Day) service, see Attachment 5

Instructions to Offerors—Commercial Products and Commercial Services (Mar 2023) - Continuation of SF-1449 (Blocks 19 - 24)

Square Footage

(5) Dining Areas: The Contractor shall service the following dining areas located in various buildings on the NIH main campus (see Attachment 5, Building Information for specific details/requirements):

Estimated Total - 4th Option Period

INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAR 2023)

ARTICLE 1 Clauses Incorporated by Reference (Feb 1998) (FAR 52.252-2) 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): https://www.acquisition.gov FEDERAL ACQUISITION REGULATION (FAR) (48 CFR Chapter 1) CLAUSES

52.212-4

Contract Terms and Conditions - Commercial Items (Nov 2023)

52.228-5

Insurance - Work on a Government Installation (Jan 1997)

52.242-15 Stop Work Order (Apr 1991)

52.245-2

Government Property (Fixed-Price Contracts)(Apr (2012)

52.246-16 Responsibility for Supplies (Apr 1984)

52.246-20 Warranty of Services (May 2001)

52.247-35 F.O.B. Destination Within Consignee=s Premises (Apr 1984)

ARTICLE 2 Section 8(a) Direct Award a.

This contract is issued as a direct award between the contracting activity and the 8(a) Contractor pursuant to the Partnership Agreement between the Small Business Administration (SBA) and the Department of Health and Human Services. SBA does retain responsibility for 8(a) certifications, 8(a) eligibility determinations and related issues, and providing counseling and assistance to the 8(a) Contractor under the 8(a) program. Notwithstanding any other term and condition set forth in this contract, SBA is prime contractor. The cognizant SBA district office is:

[to be completed by the Contracting Officer at time of award] b.

The contracting activity is responsible for administering the contract and taking any action on behalf of the Government under the terms and conditions of the contract. However, the contracting activity shall give advance notice to the SBA before it issues a final notice terminating performance, either in whole or in part, under the contract. The contracting activity shall also coordinate with SBA prior to processing any novation agreement. The contracting activity may assign contract administration functions to a contract administration office.

c.

The Contractor agrees:

to notify the Contracting Officer, simultaneous with its notification to SBA (as required by SBA 8(a) regulations), when the owner or owners upon whom 8(a) eligibilities is based plan to relinquish ownership or control of the concern. Consistent with 15 U.S.C. 637(a) (21), transfer of ownership or control shall result in termination of the contract for convenience, unless SBA waives the requirement for termination prior to the actual relinquishing of ownership and control.

(2) it will adhere to the requirements of 52.219-14, Limitations on Subcontracting.

ARTICLE 3 Period of Performance a.

Performance of the work called for in this contract shall be for a 12-month period commencing through [to be completed at time of award] with four successive 12-month options to extend contract performance.

b.

If the Government exercises its option pursuant to FAR 52.217-9, Option to Extend the Term of the Contract, the period of performance will be extended as indicated below and the estimated contract amount increased accordingly:

Estimated

Period of Performance

Contract Amount Option 1

[to be completed at time of award]

Option 2

Option 3

Option 4 c.

The period of performance encompasses the submission and acceptance of the reports specified in the statement of work.

d.

The quality of the Contractor's work in carrying out the requirements of this contract shall be monitored by the COR or the designated alternate through a continuous program of inspection of the Contractor's reports and on-site work performance. The COR or designated alternate will not interfere with normal work in progress, however, the Government may redirect the work effort within the scope of the contract as conditions warrant.

e.

Final payment under the contract shall be contingent upon receipt and acceptance of all contract requirements.

ARTICLE 4 Delivery of Services - F.O.B. Destination The services to be provided by the Contractor under this contract shall be delivered f.o.b. destination to the following locations:

National Institutes of Health

National Institutes of Health Animal Center

9000 Rockville Pike

Elmer School Road

Bethesda, MD 20892

Poolesville, MD 20837

Key West Medical Center

National Institutes of Health

9610 Medical Center Drive

Building No. 13 - 5RC

Rockville, MD 20850

5 Research Court

Rockville, MD 20850

Rockville, MD 20857

5313 & 5315 Cedar Lane

Bethesda, MD 20892

ARTICLE 5 Deliverables/Required Reports In addition to providing the services prescribed in the Schedule, satisfactory performance of this contract shall include delivery and acceptance by the Contracting Officer, or the duly authorized representative, of the following reports in accordance with the stated delivery schedule.

(a) The items specified below, as described in the statement of work, shall be delivered f.o.b. destination within consignee’s premises in accordance with and by the date(s) specified below:

Description

Due Date Background Checks: Identification of new hires to include contractor=s written assurance statement that criminal history background check has been performed, individual(s) full name, any aliases, address, date of birth and social security number (refer to Article 10 in the

1 week prior to commencement of

Statement of work) working on the contract

Miscellaneous Service Tasks: To include date services performed, actual labor hours, names(s) of individuals (refer to Article 5.1.e in the statement of work)

Within two days of completion of task

Project Management and On-site Supervisor list:

Typed list shall contain the names, telephone numbers, pager numbers, and addresses of the project management staff and on-site

5 working days following contract start supervisor(s) (refer to Article 12.4 in the date and upon changes of staff or data statement of work) listed

Employee List: Written list of all employees performing under the contract to include names, position title, area and shift assignment.

5 working days following the contract start

(refer to Article 9.6 in the statement of work) date and upon change of staff or data

Equipment log: The Contractor shall maintain a calendar days following contract award the contract requirements (refer to Article 17.3

30 calendar days following contract award in the statement of work) and thereafter upon request of COTR

Monthly accomplishment report: Monthly written report of all project cleaning tasks accomplished and if there are discrepancies between the yearly plan and the accomplished work, the Contractor shall include a plan of when the missed work will be performed (refer to Article 18.2 in the statement

5 working days after completion of of work).

each month

Description

Due Date Annual Schedule: Shall include specific project cleaning tasks, frequency, building location, and

5 working days following contract start planned performance dates (refer to Article 18.1 date and 5 working days following in the statement of work) commencement of each option period

Product List: Shall include name of manufacturer, brand name of product, intended use, Material Safety Data Sheets (MSDS) for all products, and identification of materials containing hazardous substances (refer to Article 17.2.a in the statement

10 working days following contract start date

Contractor=s QC Plan: Shall include a description of the contractor=s QC plan and other requirements

5 working days following contract start as outlined in Article 19 in the statement of work) date

NIH/Contractor Badges, keys and card-keys, if applicable (refer to Article 9.5 in the statement

1st work day following discharge of employee

Usage Report – The usage report shall provide usage

No later than the 15th of each month

Rate of materials and supplies used to service the for the previous month.

NIH to include but not limited to paper towels, Hand soap, tissue paper, cleaning supplies, hand, bags,etc

(b) One copy of each report shall be delivered to the COR and Contracting Officer at the following addresses:

[to be completed at time of award] ARTICLE 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 60 days.

ARTICLE 7 FAR 52.217-9 Option To Extend The Term Of The Contract (Mar 2000) a.

The Government may extend the term of this contract by written notice to the Contractor within the time specified in the Schedule; provided, that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

b.

If the Government exercises this option, the extended contract shall be considered to include this option provision.

c.

The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years and 6 months.

ARTICLE 8 Indefinite Quantity (Oct 1995) (FAR 52.216-22) a.

This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

b.

Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the maximum.

c.

Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

d.

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

ARTICLE 9 Ordering (Aug 2020) (FAR 52.216-18) (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from through [to be completed at time of award].

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

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

ARTICLE 10 Order Limitations (Oct 1995) (FAR 52.216-19)

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

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

(1) Any order for a single item in excess of the maximum quantity stated in the pricing Schedule;

(2) Any order for a combination of items in excess of the maximum quantity stated in the pricing Schedule;

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

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

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 2 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

ARTICLE 11 Method of Ordering - The Consignees/Ordering officials shall sign all orders (including written confirmation of oral/telephone orders) involving requests for services under this contract. The authorized designees are:

[to be completed at time of award] ARTICLE 12 Indefinite Delivery Contract Payment Method To initiate and receive prompt payment, the contractor shall comply with the following procedure:

a.

A task/delivery order number shall be given to you by an authorized designee at the time the order is placed. The Contractor is cautioned not to accept an order unless one of these numbers is issued.

b.

Invoices shall be submitted monthly to the address indicated in block 18a of the Standard Form 1449. Invoices shall cite the contract number and the task/delivery order number for each order for which payment is being requested.

ARTICLE 13 Invoice Submission/Remittance The Contractor shall submit a copy of the electronic invoice to the following Approving Official (Contracting Officer) and

Contracting Officer’s Representative for review and approval before payment.

Invoice and Payment Provisions (Vendor has Transitioned to IPP)

The following clause is applicable to all Purchase Orders, Task or Delivery Orders, and Blanket Purchase Agreement (BPA) Calls: Prompt Payment (Jan 2017) FAR 52.232-25. Highlights of this clause and NIH implementation requirements follow:

1) Invoice Requirements

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

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

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

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

e) Invoice date.

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

g) NBS document number formats must be included for awards created in the NBS: Contract Number; Purchase Order Number; Task or Delivery Order Number and Source Award Number (e.g., Indefinite Delivery Contract number; General Services Administration number); or, BPA Call Number and BPA Parent Award Number.

h) Unique Entity Identifier (UEI) which is in the System for Award Management (SAM) and replaces the Dun & Bradstreet Data Universal Numbering System (DUNS) number.

i) Federal Taxpayer Identification Number (TIN). In those rare cases where a contractor does not have a UEI number or TIN, a Vendor Identification Number (VIN) must be referenced on the invoice. The VIN is the number that appears after the contractor’s name on the face page of the award document.

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

k) Description of supplies/services that match the description on the award, by line billed.*

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

m) Quantity, Unit of Measure, Unit Price, Extended Price of supplies delivered or services performed, as applicable, and that match the line items specified in the award.*

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

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

n) The Contractor shall submit invoices to the Department of Treasury’s Invoice Processing Platform (IPP) at https://www.ipp.gov with a copy to the approving official, as directed below.

To be clear. the Contractor shall submit a copy of the electronic invoice to the following Approving Official (Contracting Officer) and Contracting Officer’s Representative for review and approval before payment;

Approving Official: Contracting Officer

Name- Email Address-

Contracting Officer’s Representative

Name- Email Address-

o) Central Point of Distribution. For the purpose of this contract, the Central Point of Distribution is OAOLAO-Branch2@mail.nih.gov

2) Invoice Payment

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

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

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

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

3) Interest Penalties

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

i) A proper invoice was received by the designated billing office.

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

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

b) Determination of interest and penalties due will be made in accordance with the provisions of the Prompt Payment Act, as amended, the Contract Disputes Act, and regulations issued by the Office of Management and Budget.

4) PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS, FAR 52.232-40 (Mar 2023)

(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.

(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial products or commercial services.

(End of Clause)

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:

The Office of Acquisitions for this contract is:

Station Support – Branch 1, Office of Acquisitions, OLAO .

a.

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, Unique Entity Identifier (UEI), or VIN, contact the Contracting Officer. Note: The Contractor shall not include TIN if it is a Social Security Number.

b.

Unique Entity Identifier (UEI). The UEI is located in the System for Award Management (SAM) and replaces the

Dun & Bradstreet Data Universal Numbering System (DUNS) number. The UEI 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 UEI 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, UEI, or VIN, contact the Contracting Officer.

c.

Invoice Matching Option. This contract requires a three-way] match.

d.

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.

The Contract Title is NIH Facilities Maintenance Services e.

Contract Line Items as follows:

Line Item # f.

Line-Item Description g.

Vendor Identification Number. This is the 7 digit number that appears after the Contractor’s name in Block 7 of Standard Form 26 or Block 8 of Standard Form 30. (Note: This only applies to new contracts awarded on/after June 4, 2007, and any existing contract modified to include the number.)

h.

UNIQUE ENTITY IDENTIFIER number that identifies the Contractors name and address exactly as stated on the face page of the contract.

i.

Identification of whether payment is to be made using a two-way or three-way match.

This contract requires a three-way match.

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

ARTICLE 14 Key Personnel 352.237-75 Key Personnel.

As prescribed in HHSAR 337.103(f), the Contracting Officer shall insert the following clause:

Key Personnel (DEC 2015)

The key personnel specified in this contract are considered to be essential to work performance. At least 30 days prior to the contractor voluntarily diverting any of the specified individuals to other programs or contracts the Contractor shall notify the Contracting Officer and shall submit a justification for the diversion or replacement and a request to replace the individual. The request must identify the proposed replacement and provide an explanation of how the replacement's skills, experience, and credentials meet or exceed the requirements of the contract (including, when applicable, Human Subjects Testing requirements). If the employee of the contractor is terminated for cause or separates from the contractor voluntarily with less than thirty days notice, the Contractor shall provide the maximum notice practicable under the circumstances. The Contractor shall not divert, replace, or announce any such change to key personnel without the written consent of the Contracting Officer. The contract will be modified to add or delete key personnel as necessary to reflect the agreement of the parties.

(End of clause)

Where "key personnel" have been identified in this contract, it has been determined that such named personnel are necessary for the successful performance of the work under this contract; and the Contractor agrees to assign such personnel to the performance of the work under this contract and shall not reassign or remove any of them without the consent of the Contracting Officer. Whenever, for any reason, one or more of the aforementioned personnel is unavailable for assignment for work under the contract, the Contractor shall immediately notify the Contracting Officer to that effect and shall, subject to the approval of the Contracting Officer without formal modification to the contract, replace such personnel with personnel of substantially equal ability and qualifications. The contractor shall not remove or replace key personnel until the contractor notifies the Contract Officer and receives permission to remove or replace key personnel. Contractors shall notify the Contracts Officer within 24 hours of any change of key personnel assigned to this contract.

Replacement of key personnel by the Contractor without previous notification to and permission from the Contracting Officer shall be considered a violation of contract performance.

The following individual(s) is/are considered to be essential to the work being performed hereunder:

Title: Project Manager ARTICLE 15 Contracting Officer Representative (COR) The following individual(s) will represent the Contracting Officer for the purpose of this contract:

[to be completed at time of award]

The Contracting Officer’s Representative (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 inspection and acceptance required by this contract; and (5) assistance in the resolution of technical problems encountered during performance. The Contracting Officer is responsible for directing or negotiating any changes in terms, conditions, or amounts cited in the contract.

For guidance from the COR to the Contractor to be valid, it must: (1) be consistent with the description of work set forth in the contract; (2) not constitute new assignment of work or change to the expressed terms, conditions, or specifications incorporated into the contract; (3) not constitute a basis for an extension to the period of performance or contract delivery schedule; (4) not constitute a basis for any increase in the contract price.

The Contracting Officer is the only person with the authority to act as an 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 or specifications; (2) modify or extend the period of performance; (3) change the delivery schedule; or (4) otherwise change any terms and conditions of this contract.

The Government may unilaterally change its designated COR.

ARTICLE 16 Technical Direction Work performance shall be subject to the technical direction of the COR. The term "technical direction" is defined to include, without limitation, the following:

a. Directions to the contractor which redirect the contract effort, such as shift work emphasis between work areas or tasks, require pursuit of certain lines of inquiry, fill in details or otherwise serve to accomplish the contractual statement of work.

b.

Provision of information to the Contractor which assists in the interpretation of drawings, specifications or technical portions of the work description.

c.

Review and, as required by the contract, approval of technical reports, drawings, specifications or technical information to be delivered by the Contractor to the Government.

Technical direction must be within the general scope of the work stated in the contract. The COR does not have authority to and may not issue any technical direction which (i) constitutes an assignment of additional work outside the general scope of the contract; (ii) constitutes a change as defined in the contract clause entitled "Changes;" (iii) in any manner causes an increase or decrease in the total estimated contract cost, the fixed fee or the time required for contract performance; or (iv) change any of the expressed terms, conditions, or specifications of the contract.

The Contractor shall proceed promptly with the performance of technical directions duly issued by the COR in the manner prescribed by this Article and within his authority under the provisions of this Article.

If, in the opinion of the Contractor, any instruction or direction issued by the COR is within one of the categories as defined in (a) through (b) above, the Contractor shall not proceed but shall notify the Contracting Officer in writing within five (5) working days after the receipt of any such instruction or direction and shall request the Contracting Officer to modify the contract accordingly. Upon receiving such notification from the Contractor, the Contracting Officer shall issue an appropriate contract modification or advise the Contractor in writing that, in his opinion, the technical direction is within the scope of this Article and does not constitute a change under the Changes clause of the contract.

The Contractor shall thereupon proceed immediately with the direction given. A failure of the parties to agree upon the nature of the instruction or direction or upon the contracting action to be taken with respect thereto shall be subject to the provisions of the contract clause entitled "Disputes."

ARTICLE 17 FAR 52.232-18 Availability of Funds (Apr 1984)

Funds are not presently available for this contract. The Government’s obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

ARTICLE 18 Insurance Requirements The Contractor shall, at his own expense, provide and maintain during the entire performance period of this contract insurance of at least the kinds and minimum amounts specified below:

Worker's Compensation and Employer's Liability - $100,000 General Liability - Bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

Automobile Liability - $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage.

At all times during performance, the Contractor shall maintain with the Contracting Officer a current Certificate of Insurance showing at a minimum the insurance required above, and providing thirty (30) days written notice to the Contracting Officer by the insurance company prior to cancellation or material change in policy coverage.

ARTICLE 19 Hold Harmless And Indemnification Agreement

The Contractor shall save and hold harmless and indemnify the Government against any and all claims, liabilities and costs of whatsoever kind and nature for injury to or death of any person or persons and for loss or damage to any property (Government or otherwise) occurring in connection with or in any incident to or arising out of the occupancy, use, service, operations or performance of work under the terms of the contract, resulting in whole, or in part from the negligent acts or omissions of Contractor, any subcontractor, or any employee, agent, or representative of the Contractor or subcontractor.

ARTICLE 20 Protection Of Government Buildings, Equipment, And Vegetation (Apr 1984) (FAR 52.237-2) The Contractor shall use reasonable care to avoid damaging existing buildings, equipment, and vegetation on the Government installation.