RFPNIHOD2007039.pdf

OMB NO. 0990-0115

SOLICITATION

SECTION A - SOLICITATION/CONTRACT FORM Page 1 of 54

1. Purchase Authority: Public Law 92-218 as amended

2. Request For Proposal (RFP) Number:

NIHOD2007039

3. Issue Date:

12/12/2007

4. Just In Time:

[x] NO

[ ] YES See Part IV, Section L

5. Set Aside:

[x] NO

[ ] YES See Part IV, Section L

6. TITLE: "Development and Maintenance of an Aged Non-Human Primate Tissue Bank”

7. ISSUED BY:

National Institutes of Health Office of Acquisitions, OLAO 6100 Executive Boulevard, Room 6E01, MSC 7540 Bethesda, Maryland 20892-7540

8. SUBMIT OFFERS TO:

See Part III, Section J, Attachment 1, “Packaging and Delivery of the Proposal” of this solicitation.

9. Proposals for furnishing the supplies and/or services in THE SCHEDULE will be received at the place designated and quantity specified in Part III, Section J, Attachment 1, until 3:00 p.m., local time, February 29, 2008. Offers will be valid for 120 days unless a different period is specified by the offeror on the attachment entitled, "Proposal Summary and Data Record, NIH 2043."

10. This solicitation requires the delivery of proposals to two different locations. The official point of receipt for determining a timely proposal is the Office of Acquisitions, OLAO (see Part III, Section J, Attachment 1). If your proposal is not received by the Contracting Officer or designee at the place and time specified for receipt it will be considered late and handled in accordance with HHSAR Clause 352.215-70, Late Proposals and Revisions located on page 28 of this solicitation.

11. Prospective offerors must be registered with the Central Contract Registry (CCR) database located at http://www.ccr.gov prior to contract award

12. For Information Call: Robert T. Coonley Phone : 301-496-4487 Email: coonleyr@od.nih.gov

COLLECT CALLS WILL NOT BE ACCEPTED

13. Table of Contents on following page.

NOTES TO OFFERORS:

1. The Government intends to evaluate proposals and award a contract without discussions with offerors.

Therefore, the offeror's initial proposal should contain the offeror's best terms from a cost or price and technical standpoint. See Section L, paragraph 1.a. of this solicitation, “Instructions to Offerors-- Competitive Acquisition.”

http://www.ccr.gov/ mailto:cyrush@od.nih.gov

TABLE OF CONTENTS

PART I-THE SCHEDULE............. .................................................................................................……………

SECTION A -SOLICITATION/CONTRACT FORM

SECTION B -SUPPLIES OR SERVICES AND PRICES/COSTS

SECTION C -DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

SECTION D -PACKAGING, MARKING AND SHIPPING

SECTION E -INSPECTION AND ACCEPTANCE

SECTION F -DELIVERIES OR PERFORMANCE

SECTION G -CONTRACT ADMINISTRATION DATA………………………………………………...……..8

SECTION H -SPECIAL CONTRACT REQUIREMENTS

PART II -CONTRACT CLAUSES

SECTION I – CONTRACT CLAUSES...........……………………

PART III -LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS...............…………

SECTION J -LIST OF ATTACHMENTS

PART IV - REPRESENTATIONS AND INSTRUCTIONS...........................................................................………

SECTION K -REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS.. 23

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS. . ……

1. GENERAL INFORMATION

a. INSTRUCTIONS TO OFFERORS -- COMPETITIVE ACQUISITION. . .. . .. . .. . .. .. . .. ……

b. NAICS CODE AND SIZE STANDARD

c. TYPE OF CONTRACT AND NUMBER OF AWARDS

d. COMMITMENT OF PUBLIC FUNDS

e. COMMUNICATIONS PRIOR TO CONTRACT AWARD

f. RELEASE OF INFORMATION...................................…

g. ESTIMATE OF EFFORT……......................................…

h. COMPARATIVE IMPORTANCE OF PROPOSALS

i. PREPARATION COSTS. ......................................................…

j. SERVICE OF PROTEST..................................................................................................…

k. LATE PROPOSALS AND REVISIONS

2. INSTRUCTIONS TO OFFERORS.......................…

a. GENERAL INSTRUCTIONS...................................................................................................................…... 29

1. Contract Type and General Clauses.........................................................................................................…

2. Authorized Official and Submission of Proposal...................................................................................…

3. Proposal Summary and Data Record (NIH-2043)................................................................................…

4. Separation of Technical and Business Proposals.................................................................................……

5. Alternate Proposals................................................................................................................…..........…

6. Evaluation of Proposals.....................................................................................................................…

7. Use of the Metric System of Measurement................ ..…...............…

8. Privacy Act-Treatment of Proposal Information........…...……………………………

9. Selection of Offerors.……… ………….…………………….........……......................…

10. Institutional Responsibility Regarding Conflicting Interests of Investigators

11. ROTC Access and Federal Military Recruiting on Campus…………………..…....….....…

12. Past Performance Information.............................……….………………….……………

13. Electronic and Information Technology Accessibility..……………..…………….............................…

14. Solicitation Provisions Incorporated by Reference........................……………………………........…

b. TECHNICAL PROPOSAL INSTRUCTIONS........….………………………

1. Technical Discussions.............……………………………………………

2. Technical Evaluation................…………………………………………

3. Additional Technical Proposal Information.………………………………

4. Other Considerations..................…………………………………………

5. Obtaining and Disseminating Biomedical Research Resources.....………………………

6. Information Security.....…………………

c. BUSINESS PROPOSAL INSTRUCTIONS......................……………………………

1. Basic Cost/Price Information............................………………………………………

2. Proposal Cover Sheet.............................……………………………………………

3. Information Other than Cost and Pricing Data. . …………………………………………... …

4. Salary Rate Limitation Fiscal Year 2007.............................……………………………………

5. Small Business Subcontracting Plan.................................…………………………………

6. HUBZone Small Business Concerns.................…………………………………

7. Extent of Small Disadvantaged Business Participation.......…………………………

8. Qualifications of the Offeror...........................………………………………………

9. Other Administrative Data...................................………………………………………

10. Subcontractors..........................................……………………………………………

11. Proposer's Annual Financial Report...............……………………………………

12. Representations and Certifications - SECTIONK..………………………………

13. Travel Costs/Travel Policy....………………………………………

SECTION M - EVALUATION FACTORS FOR AWARD........…………………

1. GENERAL..........................................…………………………………………

2. EVALUATION OF OPTIONS.......………………………………

3. TECHNICAL EVALUATION CRITERIA…………………………

4. PAST PERFORMANCE FACTOR.....….… ………………………

5. EXTENT OF SMALL DISADVANTAGED BUSINESS PARTICIPATION..................………

RFP Number NIHOD2007039

PART I -THE SCHEDULE

THE INFORMATION SET FORTH IN SECTION A -SOLICITATION, HEREIN CONTAINS IMPORTANT

INFORMATION FOR ANY OFFEROR INTERESTED IN RESPONDING TO THIS SOLICITATION. ANY

CONTRACT RESULTING FROM THIS SOLICITATION WILL INCLUDE IN ITS SECTION A -

SOLICITATION, 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 OFFEROR (i.e., those relating to the organizational structure [e.g., Non-Profit, Commercial] and specific cost authorizations unique to the Offeror's proposal 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 OFFEROR WITH THE

NECESSARY INFORMATION TO UNDERSTAND THE TERMS AND CONDITIONS OF THE

RESULTANTCONTRACT.

SECTION B -SUPPLIES OR SERVICES AND PRICES/COSTS

ARTICLE B.1. BRIEF DESCRIPTION OF SUPPLIES OR SERVICES

The purpose of the Aged Non-Human Primate Tissue Bank is to provide a mechanism to archive and distribute excess tissue from non-human primates (NHP) that have been euthanized for research or humane purposes. Tissues shall be both flash frozen without fixation and fixed and embedded to fit the needs of a wide range of molecular and histochemical techniques.

ARTICLE B.2. PRICES/COSTS

The final contract will contain the price/cost provisions agreed upon by the Government and the Offeror.

ARTICLE B.3. PROVISIONS APPLICABLE TO DIRECT COSTS

This article will prohibit or restrict the use of contract funds, unless otherwise approved by the Contracting Officer.

The following is a list of items that may be included in the resultant contract as applicable. 1) Acquisition, by purchase or lease, of any interest in real property; 2) Special rearrangement or alteration of facilities; 3) Purchase or lease of any item of general purpose office furniture or office equipment regardless of dollar value; 4) Travel Costs;

5) Consultant Costs; 6) Subcontract Costs; 7) Patient Care Costs; 8) Accountable Government Property; and 9) Research Funding.

ARTICLE B.4. ADVANCE UNDERSTANDINGS

Specific elements of cost, which normally require prior written approval of the Contracting Officer before incurrence of the cost (e.g., foreign travel, consultant fees, subcontracts) will be included in this Article if the Contracting Officer has granted his/her approval prior to contract award.

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

ARTICLE C.1. STATEMENT OF WORK

Independently and not as an agent of the Government, the Contractor shall be required to furnish all the necessary services, qualified personnel, material, equipment, and facilities, not otherwise provided by the Government, as needed to perform the Statement of Work attached hereto and made a part of this Solicitation (See SECTION J -List of Attachments).

ARTICLE C.2. REPORTING REQUIREMENTS

All reports required herein shall be submitted in electronic format. In addition, one (1) hardcopy of each report shall be submitted to the Contracting Officer, unless otherwise specified.

a. Technical Progress Reports

In addition to the required reports set forth elsewhere in this Schedule, the preparation and submission of regularly recurring Technical Progress Reports will be required in any contract resulting from this solicitation. These reports will require descriptive information about the activities undertaken during the reporting period and will require information about planned activities for future reporting periods. The frequency and specific content of these reports will be determined prior to contract award.

For proposal preparation purposes only, it is estimated that in addition to the required electronic version(s), 2 hard copies of these reports will be required as follows:

[ ] Monthly [ ] Quarterly [X] Semi-Annually [ ] Annually

[ ] Annually (with a requirement for a Draft Annual Report) [X] Final -Upon final completion of the contract [ ] Final -Upon final completion of the contract (with a requirement for a Draft Final Report)

b. Summary of Salient Results

The Contractor will be required to prepare and submit, with the final report, a summary (not to exceed 200 words) of salient results achieved during the performance of the contract. This report will be required on or before the expiration date of the contract.

c. Other Reports

An inventory up-date shall be provided to the NIA after each shipment or addition of tissues. It is anticipated this report will be submitted weekly at most.

d. Invention Reporting

One (1) annual utilization report per Article C.3., Invention Reporting Requirement

One (1) final invention statement due upon final completion of the contract per Article C.3., Invention Reporting Requirement.

ARTICLE C.3. INVENTION REPORTING REQUIREMENT

All reports and documentation required by FAR Clause 52.227-22 including, but not limited to, the invention disclosure report, the confirmatory license, and the Government support certification, shall be directed to the Extramural Inventions and Technology Resources Branch, OPERA, NIH, 6705 Rockledge Drive, Room 1040-A, MSC 7980, Bethesda, Maryland 20892-7980 (Telephone: 301-435-1986). In addition, one copy of an annual utilization report and a copy of the final invention statement, shall be submitted to the Contracting Officer.

The final invention statement (see FAR 27.303(a)(2)(ii)) shall be submitted to the Contracting Officer on the expiration date of the contract. The annual utilization report shall be submitted in accordance with the DELIVERIES Article in SECTION F of this contract. The final invention statement (see FAR 27.303(a)(2)(ii)) shall be submitted on the expiration date of the contract. All reports shall be sent to the following address:

Contracting Officer

Office of Acquisition, OLAO 6100 Executive Blvd., Room 6E01 Bethesda, Maryland 20892

If no invention is disclosed or no activity has occurred on a previously disclosed invention during the applicable reporting period, a negative report shall be submitted to the Contracting Officer at the address listed above.

To assist contractors in complying with invention reporting requirements of the clause, the NIH has developed "Interagency Edison," an electronic invention reporting system. Use of Interagency Edison is encouraged as it streamlines the reporting process and greatly reduces paperwork. Access to the system is through a secure interactive Web site to ensure that all information submitted is protected. Interagency Edison and information relating to the capabilities of the system can be obtained from the Web (http://www.iedison.gov), or by contacting the Extramural Inventions and Technology Resources Branch, OPERA, NIH.

SECTION D - PACKAGING, MARKING AND SHIPPING

All deliverables required under this contract shall be packaged, marked and shipped in accordance with Government specifications. 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, the Project Officer is the authorized representative of the Contracting

Officer.

c. Inspection and acceptance will be performed at: National Institute on Aging Bethesda, Maryland.

Acceptance may be presumed unless otherwise indicated in writing by the Contracting Officer or the duly authorized representative within 30 days of receipt.

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.

FAR Clause 52.246-9, Inspection of Research and Development (Short Form) (April 1984).

SECTION F - DELIVERIES OR PERFORMANCE

ARTICLE F.1. PERIOD OF PERFORMANCE

a. The anticipated period of performance of this solicitation shall be from 01 September 2008 through 31

August 2009.

b. If the Government exercises its option(s) pursuant to the OPTION PROVISION Article in Section H of this solicitation, the period of performance will be increased as listed below:

Option Year Option Period

Option Year 1 01 September 2009 through 31 August 2010

Option Year 2 01 September 2010 through 31 August 2011

Option Year 3 01 September 2011 through 31 August 2012

Option Year 4 01 September 2012 through 31 August 2013

ARTICLE F.2. DELIVERIES

Satisfactory performance of the final contract shall be deemed to occur upon performance of the work described in the Statement of Work in SECTION J of this contract and upon delivery and acceptance by the Contracting Officer, or the duly authorized representative, of the following items in accordance with the stated delivery schedule:

a. The items specified below as described in the REPORTING REQUIREMENTS Article in SECTION C of this solicitation, will be required to be delivered F.o.b. Destination as set forth in FAR 52.247-35, F.o.b.

DESTINATION, WITHIN CONSIGNEES PREMISES (APRIL 1984), and in accordance with and by the date(s) specified below:

Item Description Quantity Delivery Schedule

(1) Inventory Update Electronic After each shipment or addition of tissues (weekly at most).

(2) Semi Annual Progress Reports Electronic Within 30 calendar days of the end of the period covered by the report.

(3) Annual Invention Utilization Report

Electronic Annually on the execution date of the contract

(3) Final Report Electronic On or before the expiration date of the contract.

b. The above items shall be addressed and delivered to:

Addressee Deliverable Item Number Quantity Project Officer (1), (2), (3) and (4) Electronic Contract Specialist (2), (3), and (4) Electronic

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: http://www.acquisition.gov/comp/far/index.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSE:

52.242-15, Stop Work Order (August 1989) with Alternate I (April 1984).

SECTION G - CONTRACT ADMINISTRATION DATA

ARTICLE G.1. PROJECT OFFICER

The following Project Officer(s) will represent the Government for the purpose of this contract:

[To be specified prior to award]

The Project Officer 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.

http://www.acquisition.gov/comp/far/index.html

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; or (5) otherwise change any terms and conditions of this contract.

The Government may unilaterally change its Project Officer designation.

ARTICLE G.2. KEY PERSONNEL, HHSAR 352.270-5 (January 2006)

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

(End of Clause)

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

NAME TITLE

ARTICLE G.3. INVOICE SUBMISSION/CONTRACT FINANCING REQUEST

a. Invoice/Financing Request Instructions for NIH Cost-Reimbursement Type Contracts NIH(RC)-1 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 as follows:

a. One original hard copy to the following designated billing office:

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

b. One electronic copy to the following Contract Specialist at:

c. One electronic copy to the following Project Officer

2. In addition to the requirements specified in FAR Subpart 32.9 for a proper invoice, the Contractor shall include the following information on all payment requests:

a. Name of the Office of Acquisitions. The Office of Acquisitions for this contract is OA, OLAO.

b. Central Point of Distribution. For the purpose of this contract, the Central Point of

Distribution is OAOLAOB1@mail.nih.gov

c. Vendor Identification Number. This is the 7 digit number that appears after the Contractor's name in Block 7 of Standard Form 26.

d. DUNS number or DUNS+4 that identifies the Contractor's name and address exactly as stated on the face page of the contract.

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

b. Inquiries regarding payment of invoices shall be directed to the designated billing office,

(301) -496-6088.

ARTICLE G.4. INDIRECT COST RATES

In accordance with Federal Acquisition Regulation (FAR) (48 CFR Chapter 1) Clause 52.216-7 (d)(2), Allowable Cost and Payment incorporated by reference in this contract in PART II, SECTION I, the cognizant Contracting Officer representative responsible for negotiating provisional and/or final indirect cost rates is identified as follows:

Director, Division of Financial Advisory Services Office of Acquisition Management and Policy National Institutes of Health 6100 Building, Room 6B05 6100 EXECUTIVE BLVD MSC-7540

BETHESDA MD 20892-7540

These rates are hereby incorporated without further action of the Contracting Officer.

ARTICLE G.5. GOVERNMENT PROPERTY

If this RFP will result in the acquisition or use of Government Property provided by the contracting agency or if the Contracting Officer authorizes in the preaward negotiation process, the acquisition of property (other than real property), this ARTICLE will include applicable provisions and incorporate the HHS Publication, entitled, "Contractor's Guide for Control of Government Property," which can be found at:

http://knownet.hhs.gov/log/AgencyPolicy/HHSLogPolicy/contractorsguide.htm.

ARTICLE G.6. 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 42.15. The final performance evaluation will be prepared at the time of completion of work. In addition to the final evaluation, interim evaluation(s) shall be submitted annually to coincide with the contract award date .

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.

mailto:OAOLAOB1@mail.nih.gov http://knownet.hhs.gov/log/AgencyPolicy/HHSLogPolicy/contractorsguide.htm

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

b. Electronic Access to Contractor Performance Evaluations

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

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

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

SECTION H - SPECIAL CONTRACT REQUIREMENTS

ARTICLE H.1. HUMAN SUBJECTS

It is hereby understood and agreed that research involving human subjects shall not be conducted under this contract, and that no material developed, modified, or delivered by or to the Government under this contract, or any subsequent modification of such material, will be used by the Contractor or made available by the Contractor for use by anyone other than the Government, for experimental or therapeutic use involving humans without the prior written approval of the Contracting Officer.

ARTICLE H.2. NEEDLE EXCHANGE

a. Pursuant to Public Law(s) cited in paragraph b., below, contract funds shall not be used to carry out any program of distributing sterile needles or syringes for the hypodermic injection of any illegal drug.

b.

Public Law and Section No. Fiscal Year Period Covered

[applicable information to be included at award]

ARTICLE H.3. PRESS RELEASES

a. Pursuant to Public Law(s) cited in paragraph b., below, the contractor shall clearly state, when issuing statements, press releases, requests for proposals, bid solicitations and other documents describing projects or programs funded in whole or in part with Federal money: (1) the percentage of the total costs of the program or project which will be financed with Federal money; (2) the dollar amount of Federal funds for the project or program; and (3) the percentage and dollar amount of the total costs of the project or program that will be financed by nongovernmental sources.

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

ARTICLE H.4. ANTI -LOBBYING

a. Pursuant to Public Law(s) cited in paragraph c., below, contract funds shall only be used for normal and recognized executive-legislative relationships. Contract funds shall not be used, for publicity or propaganda purposes; or for the preparation, distribution, or use of any kit, pamphlet, booklet, publication, radio, television, or video presentation designed to support or defeat legislation pending before the Congress or any State legislature, except in presentation to the Congress or any State legislature itself.

b. Contract funds shall not be used to pay salary or expenses of the contractor or any agent acting for the contractor, related to any activity designed to influence legislation or appropriations pending before the Congress or any State legislature.

c.

ARTICLE H.5. PROTECTION OF PERSONNEL WHO WORK WITH NON-HUMAN PRIMATES

All contractor personnel who work with nonhuman primates or enter rooms or areas containing nonhuman primates shall comply with the procedures set forth in NIH Policy Manual 3044-2, entitled, "Protection of NIH Personnel Who Work with Nonhuman Primates," located at the following URL:

http://www1.od.nih.gov/oma/manualchapters/intramural/3044-2/

ARTICLE H.6. OPTION PROVISION

Unless the Government exercises its option pursuant to the Option Clause set forth in ARTICLE I.3., the contract will consist only of the Base Period of the Statement of Work as defined in Sections C and F of the contract.

Pursuant to FAR Clause 52.217-8, Option for Increased Quantity set forth in ARTICLE I.3. 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 at least 60 days prior to the expiration date of this contract, and the estimated cost plus-fixed-fee of the contract will be increased as set forth in the ESTIMATED COST PLUS FIXED FEE Article in

SECTION B.

ARTICLE H.7. SUBCONTRACTING PROVISIONS

a. Small Business Subcontracting Plan

1. A Small Business Subcontracting Plan will be required as part of any contract resulting from this solicitation.

2. The failure of any Contractor or subcontractor to comply in good faith with FAR Clause 52.219-8, entitled "Utilization of Small Business Concerns" incorporated in this contract and the attached Subcontracting Plan, will be a material breach of such contract or subcontract and subject to the remedies reserved to the Government under FAR Clause 52.219-16 entitled, "Liquidated Damages-Subcontracting Plan."

http://www1.od.nih.gov/oma/manualchapters/intramural/3044-2/

b. Subcontracting Reports

The Contractor shall submit the following Subcontracting reports electronically via the "electronic Subcontracting Reporting System (eSRS) at http://www.esrs.gov.

1. Individual Subcontract Reports (ISR)

Regardless of the effective date of this contract, the Report shall be submitted on the following dates for the entire life of this contract:

April 30th October 30th

2. Summary Subcontract Report (SSR)

Regardless of the effective date of this contract, the Summary Subcontract Report shall be submitted annually on the following date for the entire life of this contract:

October 30th

For both the Individual and Summary Subcontract Reports, the Contracting Officer shall be included as a contact for notification purposes at the following e-mail address:

(To be specified prior to award)

ARTICLE H.8. SALARY RATE LIMITATION LEGISLATION PROVISIONS

a. Pursuant to the P.L.(s) cited in paragraph b., below, no NIH Fiscal Year funds may be used to pay the direct salary of an individual through this contract at a rate in excess of the applicable amount shown or the applicable Executive Level for the fiscal year covered. Direct salary is exclusive of fringe benefits, overhead and general and administrative expenses (also referred to as "indirect costs" or "facilities and administrative (F & A) costs"). Direct salary has the same meaning as the term "institutional base salary."

An individual's direct salary (or institutional base salary) is the annual compensation that the contractor pays for an individual's appointment whether that individual's time is spent on research, teaching, patient care or other activities. Direct salary (or institutional base salary) excludes any income that an individual may be permitted to earn outside of duties to the contractor. The annual salary rate limitation also applies to individuals proposed under subcontracts. It does not apply to fees paid to consultants. If this is a multiple year contract, it may be subject to unilateral modifications by the Government if an individual's salary rate used to establish contract funding exceeds any salary rate limitation subsequently established in future HHS appropriation acts.

Public Law and Section No.* Fiscal Year* Dollar Amount of Salary Limitation*

c. Payment of direct salaries is limited to the Executive Level rate which was in effect on the date(s) the expense was incurred.

[*Applicable information to be included at award]

ARTICLE H.9. ENERGY STAR REQUIREMENTS

Executive Order 13123, "Greening the Government Through Efficient Energy Management" and FAR 23.203 require that when Federal Agencies acquire energy using products, they select, where life-cycle cost-effective, and available, ENERGY STAR® or other energy efficient products.

http://www.esrs.gov/

Unless the Contracting Officer determines otherwise, all energy-using products acquired under this contract must be either an ENERGY STAR® or other energy efficient product designated by the Department of Energy's Federal Energy Management Program (FEMP).

For more information about ENERGY STAR® see http://www.energystar.gov/

For more information about FEMP see http://www.eere.energy.gov/

ARTICLE H.10. PUBLICATION AND PUBLICITY

In addition to the requirements set forth in HHSAR Clause 352.270-6, Publications and Publicity incorporated by reference in SECTION I of this contract, the contractor shall acknowledge the support of the National Institutes of Health whenever publicizing the work under this contract in any media by including an acknowledgment substantially as follows:

"This project has been funded in whole or in part with Federal funds from the National Institute on Aging, National Institutes of Health, Department of Health and Human Services, under Contract No. (to be specified at time of aware)"

ARTICLE H.11. REPORTING MATTERS INVOLVING FRAUD, WASTE AND ABUSE

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

Office of Inspector General Department of Health and Human Services

TIPS HOTLINE

P.O. Box 23489 Washington, D.C. 20026

ARTICLE H.12. OBTAINING AND DISSEMINATING BIOMEDICAL RESEARCH RESOURCES

Unique research resources arising from NIH-funded research are to be shared with the scientific research community. NIH provides guidance, entitled, "Sharing Biomedical Research Resources: Principles and Guidelines for Recipients of NIH Research Grants and Contracts," (Federal Register Notice, December 23, 1999 [64 FR 72090]), concerning the appropriate terms for disseminating and acquiring these research resources. This guidance, found at : http://ott.od.nih.gov/NewPages/64FR72090.pdf is intended to help contractors ensure that the conditions they impose and accept on the transfer of research tools will facilitate further biomedical research, consistent with the requirements of the Bayh-Dole Act and NIH funding policy.

Note: For the purposes of this Article, the terms, "research tools", "research materials", and "research resources" are used interchangeably and have the same meaning.

ARTICLE H.13. NIH POLICY ON ENHANCING PUBLIC ACCESS TO ARCHIVED PUBLICATIONS

RESULTING FROM NIH-FUNDED RESEARCH

The Policy requests that beginning May 2, 2005, NIH-funded investigators submit to the NIH National Library of Medicine's (NLM) PubMed Central (PMC) an electronic version of the author's final manuscript, upon acceptance for publication, resulting from research supported in whole or in part with direct costs from NIH. NIH defines the author's final manuscript as the final version accepted for journal publication, and includes all modifications from the publishing peer review process. The PMC archive will preserve permanently these manuscripts for use by the http://www.energystar.gov/ http://www.eere.energy.gov/ http://ott.od.nih.gov/NewPages/64FR72090.pdf public, health care providers, educators, scientists, and NIH. The Policy directs electronic submissions to the NIH/NLM/PMC: http://www.pubmedcentral.nih.gov.

Additional information is available at http://grants.nih.gov/grants/guide/notice-files/NOT-OD-05-022.html.

ARTICLE H.14. INFORMATION SECURITY

The Statement of Work (SOW) requires the Contractor to (1) develop, (2) have the ability to access, or (3) host and/or maintain a Federal information system(s). Pursuant to Federal and HHS Information Security Program Policies, the Contractor and any subcontractor performing under this contract shall comply with the following requirements:

Federal Information Security Management Act of 2002 (FISMA), Title III, E-Government Act of 2002, Pub. L. No.

107-347 (Dec. 17, 2002); http://csrc.nist.gov/drivers/documents/FISMA-final.pdf

a. Rules of Behavior

The Contractor/Subcontractor employees shall comply with the NIH Information Technology General Rules of Behavior at: http://irm.cit.nih.gov/security/nihitrob.html.

b. Personnel Security Responsibilities

Contractor Notification of New and Departing Employees Requiring Background Investigations

1. The Contractor shall notify the Contracting Officer, the Project Officer, and the Security Investigation Reviewer within five working days before a new employee assumes a position that requires a suitability determination or when an employee with a security clearance stops working under the contract. The Government will initiate a background investigation on new employees requiring security clearances and will stop pending background investigations for employees that no longer work under the contract.

2. New employees: Provide the name, position title, e-mail address, and phone number of the new employee. Provide the name, position title and suitability level held by the former incumbent. If the employee is filling a new position, provide a description of the position and the Government will determine the appropriate security level.

3. Departing employees:

• Provide the name, position title, and security clearance level held by or pending for the individual.

• Perform and document the actions identified in the "Employee Separation Checklist", attached in Section J, ATTACHMENTS of the contract, when a Contractor/Subcontractor employee terminates work under this contract. All documentation shall be made available to the Project Officer and/or Contracting Officer upon request.

c. Commitment to Protect Non-Public Departmental Information Systems and Data

1. Contractor Agreement

The Contractor and its subcontractors performing under this SOW shall not release, publish, or disclose non-public Departmental information to unauthorized personnel, and shall protect such information in accordance with provisions of the following laws and any other pertinent laws and regulations governing the confidentiality of such information:

http://www.pubmedcentral.nih.gov/ http://grants.nih.gov/grants/guide/notice-files/NOT-OD-05-022.html http://csrc.nist.gov/drivers/documents/FISMA-final.pdf http://irm.cit.nih.gov/security/nihitrob.html

-18 U.S.C. 641 (Criminal Code: Public Money, Property or Records) -18 U.S.C. 1905 (Criminal Code: Disclosure of Confidential Information) -Public Law 96-511 (Paperwork Reduction Act)

2. Contractor-Employee Non-Disclosure Agreements

Each Contractor/Subcontractor employee who may have access to non-public Department information under this contract shall complete the Commitment to Protect Non-Public Information -Contractor Agreement. A copy of each signed and witnessed Non-Disclosure agreement shall be submitted to the Project Officer prior to performing any work under the contract.

d. Information Systems Security Plan

The contractor shall protect Federal automated information systems that are developed or accessed by the contractor. The Systems Security Plan (SSP) that the contractor submitted with its offer shall be finalized in coordination with the Project Officer no later than 90 calendar days after contract award.

Following approval of its draft SSP, the contractor shall update and resubmit its ISSP to the Project Officer every three years or when a major modification has been made to its internal system. The contractor shall use the current SSP template in Appendix A of NIST SP 800-18 Guide to Developing Security Plans for Federal Information Systems (http://csrc.nist.gov/publications/nistpubs/800-18-Rev1/sp800-18-Rev1-final.pdf ). The details contained in the contractor's SSP shall be commensurate with the size and complexity of the requirements of the SOW based on the System Categorization determined above in subparagraph (b) Security Categories and Levels of this Article.

Subcontracts: The contractor shall include similar information for any subcontractor performing under the SOW with the contractor.

ARTICLE H.15. YEAR 2000 COMPLIANCE

In accordance with FAR 39.106, Information Technology acquired under this contract must be Year 2000 compliant as set forth in the following clause(s):

Service Involving the Use of Information Technology

YEAR 2000 COMPLIANCE--SERVICE INVOLVING THE USE OF INFORMATION TECHNOLOGY

The Contractor agrees that each item of hardware, software, and firmware used under this contract shall be able to accurately process date data (including, but not limited to, calculating, comparing and sequencing) from, into and between the twentieth and twenty-first centuries and the Year 1999 and the Year 2000 and leap year calculations.

http://csrc.nist.gov/publications/nistpubs/800-18-Rev1/sp800-18-Rev1-final.pdf http://csrc.nist.gov/publications/nistpubs/800-18-Rev1/sp800-18-Rev1-final.pdf

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

THE FOLLOWING ARTICLE I.1. GENERAL CLAUSE LISTING(S)

THE FOLLOWING WILL BE APPLICABLE TO MOST CONTRACTS RESULTING FROM THIS RFP.

HOWEVER, THE ORGANIZATIONAL STRUCTURE OF THE SUCCESSFUL OFFEROR(S) WILL

DETERMINE THE SPECIFIC GENERAL CLAUSE LISTING TO BE CONTAINED IN THE CONTRACT(S)

AWARDED FROM THIS RFP:

General Clauses for a Cost-Reimbursement Service Contract General Clauses for a Cost-Reimbursement Research and Development Contract

The complete listing of clauses may be accessed at: http://rcb.cancer.gov/rcb-internet/appl/general-clauses/clauses.jsp

ARTICLE I.2. AUTHORIZED SUBSTITUTIONS OF CLAUSES

Any authorized substitutions and/or modifications other than the General Clauses which will be based on the type of contract/Contractor will be determined during negotiations It is expected that the following substitution(s) will be made part of the resultant contract:

Alternate II (October 2001) of FAR Clause 52.219-9, Small Business Subcontracting Plan (September 2006) is added.

FAR Clause 52.232-20, Limitation Of Cost (April 1984), is deleted in its entirety and FAR Clause 52.232-22, Limitation Of Funds (April 1984) is substituted therefore. [NOTE: When this contract is fully funded, FAR Clause 52.232-22, LIMITATION OF FUNDS will no longer apply and FAR Clause 52.232-20, LIMITATION OF COST will become applicable.]

ARTICLE I.3. ADDITIONAL CONTRACT CLAUSES

Additional clauses other than those listed below which are based on the type of contract/Contractor shall be determined during negotiations. Any contract awarded from this solicitation will contain the following:

This contract incorporates the following clauses by reference, (unless otherwise noted), 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.

a. FEDERAL ACQUISITION REGULATION (FAR) (48 CFR CHAPTER 1) CLAUSES

1. FAR Clause 52.217-8, Option to Extend Services (November 1999).

"..The Contracting Officer may exercise the option by written notice to the Contractor within 60 days.

2. FAR Clause 52.217-9, Option to Extend the Term of the Contract (March 2000).

"(a) The Government may extend the term of this contract by written notice to the Contractor within performance of the contract year; 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."

http://rcb.cancer.gov/rcb-internet/appl/general-clauses/clauses.jsp http://rcb.cancer.gov/rcb-internet/appl/general-clauses/clauses.jsp

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

3. FAR Clause 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (July 2005).

"(c) Waiver of evaluation preference

[ ] Offeror elects to waive the evaluation preference."

4. FAR Clause 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting (October 1999).

5. FAR Clause 52.230-2, Cost Accounting Standards (April 1998).

6. FAR Clause 52.230-6, Administration of Cost Accounting Standards (April 2005).

7. FAR Clause 52.237-3, Continuity of Services (January 1991).

8. FAR Clause 52.243-2, Changes--Cost Reimbursement (August 1987), Alternate V (April 1984).

9. FAR Clause 52.242-3, Penalties for Unallowable Costs (May 2001).

b. DEPARTMENT OF HEALTH AND HUMAN SERVICES ACQUISITION REGULATION (HHSAR) (48

CHAPTER 3) CLAUSES:

THERE ARE NO APPLICABLE CLAUSES IN THIS SECTION.

c. NATIONAL INSTITUTES OF HEALTH (NIH) RESEARCH CONTRACTING (RC) CLAUSES: The following clauses are attached and made a part of this contract:

1. NIH (RC)-7, Procurement of Certain Equipment (April 1984).

ARTICLE I.4. ADDITIONAL FAR CONTRACT CLAUSES INCLUDED IN FULL TEXT

Additional clauses other than those listed below which are based on the type of contract/Contractor shall be determined during negotiations. Any contract awarded from this solicitation will contain the following:

This contract incorporates the following clauses in full text.

FEDERAL ACQUISITION REGULATION (FAR)(48 CFR CHAPTER 1) CLAUSES:

a. FAR Clause 52.219-28, Post-Award Small Business Program Representation (June 2007).

(a) Definitions. As used in this clause-

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph

(c) of this clause.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall re-represent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts-

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the exercise date specified in the contract for any option thereafter.

(c) The Contractor shall re-represent its size status in accordance with the size standard in effect at the time of this re-representation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at:

http://www.sba.gov/services/contractingopportunities/sizestandardstopics/

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the re-representation required by paragraph (b) of this clause by validating or updating all its representations in the Online Representations and Certifications Application and its data in the Central Contractor Registration, as necessary, to ensure they reflect current status. The Contractor shall notify the contracting office by e-mail, or otherwise in writing, that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in ORCA, or does not have a representation in ORCA for the NAICS code applicable to this contract, the Contractor is required to complete the following re-representation and submit it to the contracting office, along with the contract number and the date on which the re-representation was completed:

The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code assigned to contract number.

[Contractor to sign and date and insert authorized signer's name and title].

(End of clause)

b. FAR Clause 52.222-39, Notification Of Employee Rights Concerning Payment Of Union Dues Or Fees (December 2004)

(a) Definition. As used in this clause -http://www.sba.gov/services/contractingopportunities/sizestandardstopics/

United States means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.

(b) Except as provided in paragraph (e) of this clause, during the term of this contract, the Contractor shall post a notice, in the form of a poster, informing employees of their rights concerning union membership and payment of union dues and fees, in conspicuous places in and about all its plants and offices, including all places where notices to employees are customarily posted. The notice shall include the following information (except that the information pertaining to National Labor Relations Board shall not be included in notices posted in the plants or offices of carriers subject to the Railway Labor Act, as amended (45 U.S.C. 151-188)).

Notice to Employees

Under Federal law, employees cannot be required to join a union or…