RFP12_15_2010.pdf

TABLE OF CONTENTS

PART I - THE SCHEDULE

SOLICITATION

SECTION A - SOLICITATION/CONTRACT FORM

SECTION B – SUPPLIES OR SERVICES / PRICES AND COSTS

SECTION B – SUPPLIES OR SERVICES / PRICES AND COSTS

ARTICLE B.1. BRIEF DESCRIPTION OF SUPPLIES OR SERVICES

ARTICLE B.2. PRICES/COSTS

ARTICLE B.3. PRICES

ARTICLE B.4. OPTION PRICES

ARTICLE B.5. ADVANCE UNDERSTANDINGS

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

ARTICLE C.1. [DESCRIPTION-SPECIFICATION-WORKSTATEMENT-STATEMENT OF WORK]

SECTION D - PACKAGING, MARKING AND SHIPPING

ARTICLE D.1. PACKAGING & MARKING

ARTICLE D.2. SHIPPING

SECTION E - INSPECTION AND ACCEPTANCE

SECTION F - DELIVERIES OR PERFORMANCE

ARTICLE F.1. PERIOD OF PERFORMANCE

ARTICLE F.2. DELIVERIES

ARTICLE F.3. CLAUSES INCORPORATED BY REFERENCE, FAR 52.252-2 (FEBRUARY 1998)

SECTION G - CONTRACT ADMINISTRATION DATA

ARTICLE G.1. CONTRACTING OFFICER'S CONTRACTING OFFICER’S TECHNICAL

REPRESENTATIVES

ARTICLE G.2. METHOD OF ORDERING/CONTRACT PAYMENT METHOD

ARTICLE G.3. CREDITS OR REPLACEMENT INVOICES

ARTICLE G.4. INVOICE SUBMISSION

ARTICLE G.5. POST AWARD EVALUATION OF CONTRACTOR PERFORMANCE

SECTION H - SPECIAL CONTRACT REQUIREMENTS

ARTICLE H.1. HUMAN SUBJECTS

ARTICLE H.2. NEEDLE DISTRIBUTION

ARTICLE H.3. PRESS RELEASES

ARTICLE H.4. CARE OF LIVE VERTEBRATE ANIMALS, HHSAR 352.270-5(b) (October 2009)

ARTICLE H.5. ANIMAL WELFARE

ARTICLE H.6. INTRODUCTION OF RODENTS AND RODENT PRODUCTS

ARTICLE H.7. OPTION PROVISION

ARTICLE H. 8. SUBCONTRACTING PROVISIONS

ARTICLE H.9. TASK ORDER/DELIVERY ORDER CONTRACT OMBUDSMAN

ARTICLE H.10. REPORTING MATTERS INVOLVING FRAUD, WASTE AND ABUSE

ARTICLE H.11. RESTRICTION ON EMPLOYMENT OF UNAUTHORIZED ALIEN WORKERS

ARTICLE H.12. INFORMATION SECURITY

ARTICLE H.13. INFORMATION AND PHYSICAL ACCESS SECURITY

ARTICLE H.14. YEAR 2000 COMPLIANCE

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

ARTICLE I.1. GENERAL CLAUSES FOR A NEGOTIATED FIXED-PRICE SUPPLY CONTRACT

ARTICLE I.2. AUTHORIZED SUBSTITUTIONS OF CLAUSES

ARTICLE I.3. ADDITIONAL CONTRACT CLAUSES

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

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS

SOLICITATION ATTACHMENTS

TECHNICAL PROPOSAL ATTACHMENTS

BUSINESS PROPOSAL ATTACHMENTS

INFORMATIONAL ATTACHMENTS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS .36

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. PREPARATION COSTS

h. SERVICE OF PROTEST

2. INSTRUCTIONS TO OFFERORS

a. GENERAL INSTRUCTIONS

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. Potential Award Without Discussions

8. Use of the Metric System of Measurement

9. Privacy Act - Treatment of Proposal Information

10. Selection of

11. Past Performance

12. Solicitation Provisions Incorporated by Reference, FAR 52.252-1 (February 1998)

13. Electronic and Information Technology Accessibility,

b. TECHNICAL PROPOSAL INSTRUCTIONS

1. Technical Discussions

2. Other Considerations

3. Technical Evaluation

4. Care of Live

5. Research Involving Live

6. Standard for Security Configurations

c. BUSINESS PROPOSAL

1. Basic Cost/Price Information

2. Proposal Cover Sheet

3. Small Business Subcontracting Plan

4. Mentor-Protégé Program

5. HUBZone Small Business Concerns

6. Extent of Small Disadvantaged Business Participation

7. Other Administrative

8. Qualifications of

9. Subcontractors

10. Proposer's Annual Financial Report

11. Travel Costs/Travel

SECTION M - EVALUATION FACTORS FOR AWARD

1. GENERAL

2. COST/PRICE

3. LIVE VERTEBRATE

4. MANDATORY QUALIFICATION CRITERIA

5. EVALUATION OF OPTIONS

6. TECHNICAL EVALUATION CRITERIA

7. EXTENT OF SMALL DISADVANTAGED BUSINESS PARTICIPATION

8. PAST PERFORMANCE

PART I - THE SCHEDULE

THE INFORMATION SET FORTH IN SECTION A - SOLICITATION/CONTRACT FORM , 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/CONTRACT FORM , ACCOUNTING, APPROPRIATION AND GENERAL INFORMATION

APPLICABLE TO THE CONTRACT AWARD.

THE CONTRACT SCHEDULE SET FORTH IN SECTIONS B THROUGH H , HEREIN, CONTAINS

CONTRACTUAL INFORMATION PERTINENT TO THIS SOLICITATION. IT IS NOT AN EXACT

REPRESENTATION OF THE CONTRACT DOCUMENT THAT WILL BE AWARDED AS A RESULT OF THIS

SOLICITATION. THE CONTRACT COST OR PRICE AND OTHER CONTRACTUAL PROVISIONS PERTINENT TO THE 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 RESULTANT

CONTRACT.

SOLICITATION

SECTION A - SOLICITATION/CONTRACT FORM

1.Requisition or other Purchase Authority:

2. Request for Proposal (RFP) Number:

NIHOD2011249

3. Issue Date:

4. Set Aside:

[X] No [ ] Yes Part IV Section L

5. Title : Provision of Barrier Reared and Maintained Rabbits, Rats, Mice, Hamsters, Gerbils, and Guinea Pigs (Laboratory Animal Procurement)

6. ISSUED BY:

Office of Acquisitions-Office of Logistics and Acquisition Operations 6011 Executive Blvd., Room 529-X, MSC 7663 Bethesda, MD 20892-

7. SUBMIT OFFERS TO:

See Part III, Section J, "Packaging and Delivery of the Proposal," ATTACHMENT 1 of this Solicitation.

8. Proposals for furnishing the supplies and/or services in THE SCHEDULE will be received at the place specified in, and in the number of copies specified in Attachment 1, "Packaging and Delivery of the Proposal," until 4:00 PM local time on February 2, 2011 . 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.

9. THIS SOLICITATION REQUIRES DELIVERY OF PROPOSALS TO THE OFFICIAL POINT OF

RECEIPT FOR THE PURPOSE OF DETERMINING TIMELY DELIVERY AS STATED IN ATTACHMENT 1, "PACKAGING AND DELIVERY OF THE PROPOSAL." IF YOUR PROPOSAL IS NOT RECEIVED BY THE CONTRACTING OFFICER OR HIS DESIGNEE AT THE PLACE AND TIME SPECIFIED, THEN IT WILL BE CONSIDERED LATE AND HANDLED IN ACCORDANCE WITH SUBPARAGRAPH (c)(3) OF FAR CLAUSE 52.215-1, ENTITLED, "INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION" LOCATED IN

SECTION L.1. OF THIS SOLICITATION.

10. Offeror must be registered in the Central Contractor Registry (CCR) prior to award of a contract.

http://www.ccr.gov

11. FOR INFORMATION CALL: Kathleen M. Kathman

PHONE: 301-435-8447

e-MAIL: kathmank@od.nih.gov

COLLECT CALLS WILL NOT BE ACCEPTED.

William Bartelmes, Contracting Officer Office of Acquisitions National Institutes of Health http://www.ccr.gov/ http://www.ccr.gov/

SECTION B – SUPPLIES OR SERVICES / PRICES AND COSTS

ARTICLE B.1. BRIEF DESCRIPTION OF SUPPLIES OR SERVICES

The Contractor shall furnish to the National Institutes of Health (NIH) all or part of the following requirements as specified in their submitted catalog and/or price list: various strains and stocks of barrier reared and maintained rats, mice, hamsters, gerbils, guinea pigs and rabbits which meet specific species, strain, health, status, sex, age, weight, and/or pregnancy requirements, blood, tissues, organs and other biological specimens, surgical and technical procedures to include embryo cryopreservation and rederivation, quarantine services as requested by individual order to meet the needs of NIH investigators.

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. PRICES

a. The Contractor shall be reimbursed by the Government in an amount not less than a total of $ 1,000.00 (minimum) or more than a total of $65,000,000.00 (maximum) for successful performance of this contract.

FUNDED CONTRACT AMOUNT

Description Unit Funded

Quantity Unit

Price ($) Period of

Performance Total Funded Amount ($)

Minimum award value 1 $1,000.00 n/a To be determined $1,000.00

Total Funded Amount *** *** *** ***

b. The prices set forth in this ARTICLE B.2. will cover the contract period April 1, 2011 through March 31, 2016 .

c. Upon delivery and acceptance of the item(s) described in SECTION C of this contract and identified in the schedule of charges below, the Government shall pay to the Contractor the unit price(s) set forth below:

SCHEDULE OF CHARGES FOR THE BASIC AWARD PERIOD

Description of Item Quantity (Units) Price Unit Price Total

ARTICLE B.4. OPTION PRICES

a. Unless the Government exercises its option pursuant to the option clause referenced in ARTICLE I.3.

ADDITIONAL CONTRACT CLAUSES, this contract consists only of the Base Period specified in the Statement of Work as defined in SECTIONS C and F, for the price set forth in ARTICLE B.2. of this contract.

b. Pursuant to FAR Clause 52.217-9 set forth in ARTICLE I.3. ADDITIONAL CONTRACT CLAUSES of this contract, the Government may, by unilateral contract modification, require the Contractor to perform the Option Period(s) specified in the Statement of Work as defined in SECTIONS C and F of this contract. If the Government exercises this/these option(s), notice must be given before the expiration date of the contract. Specific information regarding the time frame for this notice is set forth in the OPTION PROVISION Article in SECTION H of this contract. The fixed price of this contract will be increased as set forth in paragraph c., below.

c. Upon the delivery and acceptance of the Option Items described in SECTION C of the contract and identified in the schedule of charges below, the Government shall pay the Contractor the unit price(s) set forth below:

Option Period Description of Option Item(s) -or- Option Service(s)

Quantity (Units) -or- Minimum & Maximum

Unit Price

Total Price of Option -or- Minimum & Maximum

04/01/2012 – 03/31/2013

04/01/2013 – 03/31/2014

04/01/2014 – 03/31/2015

04/01/2015 – 03/31/2016

ARTICLE B.5. 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.

Immediately upon publication or revision, the Contractor shall submit three (3) hard copies of their most current product catalog and price list to the Contract Specialist. These catalogs and price lists shall be automatically incorporated into the contract with the same discounts stated in section B.2. of this contract.

In addition to these hard copy catalog and price lists, immediately upon publication or revision, the Contractor shall submit an electronic file containing their current price list (and product catalog, if available) to the Contract Specialist and Contracting Officer’s Technical Representative. This file shall be submitted on computer disc, or by some other method such as email, acceptable to the Government.

The Contractor’s most recent product catalog and price list will be provided and incorporated into this contract.

Any addition of any new stock, strain, or procedure to the Contractor’s catalog offerings shall automatically be included in the contract, provided that colonies meet the specified animal health criteria outlined elsewhere in this contract.

The Contractor agrees to conduct presentations by their professional and technical staff of an overview of their products, services, animal health surveillance program and technical capabilities to the NIH Veterinary and research staff. This Contractor presentation shall be required, at minimum, one time within the first two years of performance. Conference room space at the NIH and audiovisual equipment will be made available by the Government at no cost to the Contractor.

The animals, tissues, organs, and blood or serum supplied under this contract shall be maintained and collected in the Contractor’s facilities.

The Contractor shall operate any and all proposed facilities for services related to rederivation of animal models for the elimination of the vertical and horizontal transfer of pathogens, parasites, and other undesired organisms, and the cryopreservation of mouse and/or rat embryos. However, with the Government’s approval, some or all of the long-term storage of cryopreserved embryos (repository functions) may be subcontracted.

The Contractor shall comply with all applicable laws, regulations and standards governing animal welfare while performing under this contract. All facilities, practices and procedures of husbandry, care and maintenance of animals used in the performance of this contract shall be in accordance with the latest issue in effect of the Guide for the Care and Use of Laboratory Animals.

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

ARTICLE C.1. [STATEMENT OF WORK]

a. 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, dated 04/19/2010 , attached hereto and made a part of this Solicitation (See SECTION J - List of Attachments, Attachment 3).

ARTICLE C.2. REPORTING REQUIREMENTS

All reports required herein shall be submitted in electronic format. In accordance with the ELECTRONIC AND INFORMATION TECHNOLOGY ACCESSIBILITY Article in SECTION H of this contract, these reports shall be compliant with Section 508 of the Rehabilitation Act of 1973. Additional information about testing documents for Section 508 compliance, including specific checklists, by application, can be found at:

http://www.hhs.gov/web/508/index.html under "Helpful Resources."

http://www.hhs.gov/web/508/index.html http://www.hhs.gov/web/508/index.html

SECTION D - PACKAGING, MARKING AND SHIPPING

ARTICLE D.1. PACKAGING & MARKING

Animals shall be delivered in properly ventilated, filtered, escape proof containers furnished by the Contractor. If the container is constructed with cardboard, the cardboard should be of sufficient strength to withstand 50 lbs pressure without damaging the integrity of the container. Each order shall be boxed separately. Containers should be divided into compartments to reduce the number of animals that can congregate at ventilation openings and to separate animals from fighting. Windowed crates shall be used for international shipments.

At a minimum, the packing slip accompanying the shipment shall contain the following information:

• Request for Animal Delivery (RAD) #

• Species

• Strain

• Sex

• Quantity

• Building & Room of origin

• Date of Birth (if applicable)

• Weight range (if applicable)

• Delivery location

ARTICLE D.2. SHIPPING

The Contractor shall follow all applicable federal, state and local laws and regulations affecting the transportation of animals and comply with the most recent edition of The Guide for the Care and Use of Laboratory Animals, the PHS Policy on Humane Care and Use of Laboratory Animals, the Institute of Laboratory Animal Resources (ILAR) Guidelines, and the International Air Transport Association (IATA) Regulations.

Each shipping container shall be provided with a transport water kit or moisture/nutrient gel with appropriate moisture content to meet the needs of the species transported. The Contractor shall be responsible for meeting all requirements associated with the shipment of laboratory animals to the NIH. It is recognized that breeders and suppliers of laboratory animals have no direct control or jurisdiction over public carriers used for transporting animals. However, they shall maintain close liaison with carrier personnel in order to assure their cooperation for proper care of animals during transit.

The Contractor should ensure that the secondary enclosure (delivery vehicle) is loaded on a last in/first out basis (according to the delivery schedule) to avoid the unnecessary movement out of animals within or outside of the vehicle. Animal shipping cartons shall not be placed outside of the vehicle (street, sidewalk, or concrete loading dock surface, etc.) while sorting through the containers to identify those to be delivered at the designated building.

All vehicles used in transporting animals under this requirement shall be heated / air-conditioned as needed to provide an ambient temperature between 68o and 78o F. The Contractor may authorize an agent or delivery agency to make deliveries to air carriers if the vehicle and drivers meet the specifications stated herein.

The period during loading and unloading when an animal’s environment is not controlled shall be held to a minimum.

In hot weather (greater than 78o F), floor space per animal shall be increased by up to 50% by reducing the number of animals in each shipping container.

Each driver or assistant shall be trained and qualified to handle and care for the species of laboratory animals being transported and to provide needed service in emergencies.

(a) Animals shall be delivered by the Contractor, or his designee, to the designated destination detailed on each order. Animals shall be delivered no earlier than 7:00 a.m. and no later than 2:00 p.m. on the date specified.

(b) This delivery service may involve (1) truck or van delivery from the Contractor's premises to the consignee or (2) air freight shipment to a local airport plus an approved local delivery service to NIH or (3) the service of an acceptable air freight forwarding company. Temperature-controlled and disease-free facilities for proper storage of animals received after hours shall be available if air freight shipment is used.

(c) The Contractor is responsible for ensuring that the animals are delivered to the building designated by the order form, or to the designated animal receiving location for that facility.

(d) Each animal delivery shall be made to the representative of the designated facility who is required to sign the Contractor's delivery receipt or log sheet.

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 Contracting Officer’s Technical Representative(s) are the authorized representatives of the Contracting Officer.

Inspection and acceptance will be performed at:

National Institutes of Health Office of Research Services (ORS) Division of Veterinary Resources Animal Procurement Unit, Building 14G 9000 Rockville Pike Rockville, Maryland 20892

c. All defective shipment claims and claims for replacement of animals will be submitted to the Contractor.

The Contractor shall address the request within five (5) business days, make a determination as to the accuracy of the claim, and inform the NIH in writing of their response. In instances in which the Contractor disputes the claim for defective shipment, the procedures described in the disputes clause shall be followed.

Acceptance may be presumed unless otherwise indicated in writing by the Contracting Officer or the duly authorized representative within 48 hours of receipt.

The Government reserves the right to an Inspection period of 48 hours, unless a different time period is stated elsewhere in the contract or record of call. The receiving report, completed and signed by the appropriate official, constitutes acceptance and shall be acknowledged to the payment office (OFM).

d. This contract incorporates the following clause by reference, with the same force and effect as if it were given in full text. Upon request, the Contracting Officer will make its full text available.

FAR Clause 52.246-2, Inspection of Supplies - Fixed Price (August 1996).

FAR Clause 52.246-16, Responsibility for Supplies (April 1984).

FAR Clause 52.246-4, Inspection of Services - Fixed Price (August 1996).

SECTION F - DELIVERIES OR PERFORMANCE

ARTICLE F.1. PERIOD OF PERFORMANCE

a. The period of performance of this contract is anticipated to be from 04/01/2011 through 03/31/2012 .

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

Option Option Period

One

04/01/2012 – 03/31/2013

Two

04/01/2013 – 03/31/2014

Three

04/01/2014 – 03/31/2015

Four

04/01/2015 – 03/31/2016

ARTICLE F.2. DELIVERIES

a. Satisfactory performance of this contract shall be deemed to occur upon performance of the work described in the Statement of Work Article in SECTION C of this contract and upon delivery and acceptance by the Contracting Officer, or the duly authorized representative, of the Items specified in the Delivery Schedule which are described in SECTION C of this contract. The Statement of Work is included as Attachment 3.

b. Deliveries required by the Contractor shall be made F.o.b. destination as set forth in FAR Clause 52.247- 35, F.o.b. Destination, Within consignees Premises (April 1984) and any specifications stated in SECTION D, PACKAGING AND MARKING AND SHIPPING of this contract, to the address/addressee listed below:

Office of Research Services (ORS) Division of Veterinary Resources Animal Procurement Unit 9000 Rockville Pike

c. Unless otherwise specified, deliveries shall be made to the Delivery Point specified above Mondays through Fridays (excluding Federal Holidays) between the hours of 8:30 a.m. and 5:30 p.m. EST only. Supplies or services scheduled for delivery on a Federal holiday shall be made the following day.

ARTICLE F.3. CLAUSES INCORPORATED BY REFERENCE, FAR 52.252-2 (FEBRUARY 1998)

This contract incorporates the following clause(s) by reference, with the same force and effect as if it were given in full text. Upon request, the Contracting Officer will make its full text available. Also, the full text of a clause may be accessed electronically at this address: http://www.acquisition.gov/comp/far/index.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSE:

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

52.242-17, Government Delay of Work (April 1984).

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

SECTION G - CONTRACT ADMINISTRATION DATA

ARTICLE G.1. CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE(s)

The Contracting Officer’s Technical Representatives (COTRs) are responsible for: (1) monitoring the Contractor's technical progress, including the surveillance and assessment of performance and recommending to the Contracting Officer changes in requirements; (2) interpreting the Statement of Work and any other technical performance requirements; (3) performing technical evaluation as required; (4) performing technical inspections and acceptances required by this contract; and (5) assisting in the resolution of technical problems encountered during performance. The Alternate COTR shall act in the absence of the COTR.

The Contracting Officer is the only person with the 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 any costs incurred during the performance of this contract (5) otherwise change any terms and conditions of this contract.

The Government may unilaterally change its Contracting Officer’s Technical Representative designation.

ARTICLE G.2. METHOD OF ORDERING/CONTRACT PAYMENT METHOD

a. REQUEST FOR ANIMAL DELIVERY PROCEDURES

1) The DVR animal procurement unit receives Requests for Animal Delivery (RAD) from NIH IC’s for submission to Contractors. At a minimum the RAD includes the following information:

a. Species

b. Strain

c. Vendor model number (if applicable)

d. Sex of animals

e. Number of animals

f. Weight or age

g. Requested delivery date

h. Delivery location (building designation)

i. Surgical procedures, gestation day, age of pups (if applicable)

j. RAD Number

2) Ordering Officials will contact individual Contractors to determine availability. If the Contractor is able to meet the requirements of the RAD, an order is placed at which time the Contractor shall provide the Ordering Official with confirmation of the order. This confirmation shall include the date of delivery and all applicable pricing information. The Contractor shall provide the estimated cost which includes the item cost, shipping cost, container charge, and any other applicable charges (surgical modification) for each order at the time it is confirmed (before the order is shipped).

3) If the Contractor is unable to meet the requirements of the RAD, they may submit a counteroffer detailing which parameters they are unable to meet, and what they could provide as an alternative. The Contractor shall hold the counteroffer for 24 hours before releasing the animals. Any differences in the handling, housing, and health status of the counter offered animals from the requirements of this SOW will be clearly delineated in the offer.

4) If the Government accepts the counteroffer an order is placed and the Contractor shall provide a confirmation as in #2, above.

5) No orders shall be shipped to the NIH prior to communication of a confirmed delivery date to the Ordering Official.

6) Request for Animal Delivery (RAD) Number

a) The unique RAD number, given at the time each order is placed, will remain the same for each shipment delivered against a standing order. The delivery date shall be present on the delivery slip and invoice for each order and shipment.

b) The unique RAD number, given at the time each order is placed, shall remain the same for each shipment delivered against a partial order. The delivery date shall present on the delivery slip and invoice for each order and shipment.

7) The Contractor shall obtain delivery confirmation with signatures from personnel receiving the animals for each order at the time of delivery.

8) The following individuals are designated as Ordering Officials and are authorized to place and receive orders:

a. The cognizant Contracting Officer’s Technical Representative and Alternate Contracting Officer’s Technical Representative.

b The cognizant Contracting Officer.

c. The cognizant Contract Specialist.

d. Additional individuals will be designated at time of award.

b. DELIVERY ORDERS

1. Occasionally, appropriations restrictions may prevent using simplified ordering procedures and require the placement of delivery orders DO). These more formalized orders will be placed using an Order for Supplies or Services (NIH 2555) or similar form. DO’s shall be placed only by the cognizant Contracting Officer or Contract Specialist. If DO procedures are used, a printed DO which will include a DO number shall be issued at the time the order is placed. The Contractor is cautioned not to accept an order from anyone other than an authorized Contracting Officer and unless a proper DO document is issued.

2. Contractor Responsibilities:

a. The Contractor will provide to the Contracting Officer an Order Confirmation Number as acceptance of the DO. Each delivery shall be accompanied by a packing slip citing the DO number and Order Confirmation Number.

b. All invoices are to be in compliance with FAR Clause 52.212-4(g).

c. Invoices shall cite the Order Confirmation Number, Contract Number, and DO number. See ARTICLE G.4. INVOICE INSTRUCTIONS for more information about submission of a proper invoice.

d. When DO procedures are used, invoices shall not be submitted more frequently than monthly. The Contractor shall submit the monthly invoices as indicated in ARTICLE G.4.

c. GOVERNMENT PURCHASE CARD PROCEDURES

1) Government Ordering Officials may elect to place orders using Government Purchase Card (Purchase Card) procedures. If Purchase Card procedures are used, a Purchase Card order number shall be given to the Contractor by the Government Ordering Official at the time the order is placed. The Contractor is cautioned not to accept an order unless a Purchase Card order number is issued.

2) Contractor Responsibilities:

Each delivery shall be accompanied by a packing slip citing the Order Confirmation Number.

Invoices shall be submitted to the DVR Animal Procurement Unit to the attention of the designated Contracting Officer’s Technical Representative. Purchase card bank surcharge costs shall not be invoiced to the Government.

At minimum, all invoices shall cite the RAD or order # provided to the Contractor at the time each order is placed, the delivery date of the animal shipment and invoice date. Note: The Government anticipates that the Purchase Card order number will not exceed 9 bytes of space.

3) Government Responsibilities:

For all purchase card orders, the purchase card number, purchase card order number and name of the ordering official will be provided to the Contractor at the time the order is placed.

4) When processing the purchase card transaction, the vendor shall include all information detailed in #2, above.

ARTICLE G.3. CREDITS OR REPLACEMENT INVOICES

1) Requests for order credit or replacement will be submitted to the Contractor by an authorized Ordering Official. See Article G.2 for authorized Ordering Officials.

2) Contractors shall review the request for credit or replacement, provide a written response indicating that credit or replacement will, or will not be issued, and why. Credit invoices referencing the appropriate order number will be submitted through the same invoicing procedure as used for the original order.

3) Disputes will be handled in accordance with the disputes clause.

ARTICLE G.4. INVOICE SUBMISSION

a. Invoice Instructions for NIH Fixed-Price Type Contracts, NIH(RC)-2, are attached as Attachment 10 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.

All invoices shall include the Common Account Number (CAN) for each line. The CANs used will be designated by the Contracting Officer’s Technical Representative prior to task order award.

1) The Contracting Officer’s Technical Representative (COTR) and / or Other Authorized User will assign a unique Order Number generated by the NBS based on an approved invoice for a specified period, usually monthly. Each payment request must be identified by a unique invoice number, which can only be used one time.

Once the payment amount is entered into the NBS, this amount must match precisely all ensuing invoices forwarded to OFM for that delivery order.

2) Upon the receipt of the order number, the PO will promptly notify the Contractor of the number. Upon approval of the invoice, the receiving information shall be entered into the NIH NBS system and the invoice forwarded by the Contractor to the NIH, Office of Financial Management, and Commercial Accounts for payment.

The address is 2115 East Jefferson St., Room 4B-432, MSC 8500, Bethesda, Maryland 20892-8500.

3) The contractor must include the following information to comply with proper invoice submission procedures pursuant to FAR 32.9.

a. Name, address and point of contact for the contractor to include title, telephone number, e-mail and mailing address.

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

c. Invoice Date.

d. Unique invoice number.

e. NBS document number formats must be included for awards created in the NBS to include the contract number.

f. Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services must match the description on the award by line billed.

g. Name and complete mailing address where payment is to be sent per ACH information on record.

Remittance name must match exactly with name on the original order.

h. Name, title, phone number, and mailing address of person to be notified in event of a defective invoice.

i. Data Universal Numbering System (DUNS) number or DUNS+4, as registered in CCR and the Federal Taxpayer Identification Number (TIN).

j. The name of the NIH Office of Acquisitions that is administering the contract– OLAO, 6011 Executive Blvd, Room 529-C, MSC 7663, Bethesda, Maryland 20892-8500. Email OAOLAOB4@mail.nih.gov.

k. Identification that payment should be made using a three-way match.

l. Any other information or documentation as required by the task order. NIH contractors and vendors are also reminded that it is their responsibility to ensure the completeness and accuracy of the information in the Central Contractor Registration (CCR) database. The Government is not responsible for late payments that result from inaccurate or incomplete data.

4) In addition to the above the invoice shall provide:

a. Clear delineation of hours worked by labor category and employee.

b. Labor category breakdowns that include the employee’s name, grade/level, category/description, hours billed, unit price, billed amount and employee’s pay date.

c. A separate labor category breakdown and cost summary shall be provided for regular, overtime and holiday hours worked.

d. All adjustments to the invoice (e.g. training, travel, etc.), as well as other miscellaneous charges and assessments (e.g. incentives, disincentives, bonuses, etc.) that have previously been mutually agreed upon by the contractor and the Government shall be detailed with an appropriate narrative in a separate section of the invoice.

e. Inquiries regarding payment of invoices should be directed to:

•NIH, OFM, Commercial Accounts, Telephone: (301) 496-6088

5) Payment requests shall be submitted to the offices identified below.

a) The original invoice shall be submitted 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 copy of the invoice shall be submitted to the following approving official :

Contracting Officer National Institutes of Health

Office of Acquisitions- OLAO 6011 Executive Boulevard, Rm. 529-X, MSC 7663 Bethesda, MD 20892-7663 E-mail: kathmank@od.nih.gov

c. One copy of the invoice shall be submitted to the following:

Contracting Officer’s Technical Representative National Institutes of Health Office of Research Services (ORS) Division of Veterinary Resources Animal Procurement Unit, Building 14G, Room 102 9000 Rockville Pike

E-Mail: chickjf@mail.nih.gov

E-Mail:

mailto:OAOLAOB4@mail.nih.gov mailto:kathmank@od.nih.gov mailto:chickjf@mail.nih.gov

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

ARTICLE G.5. POST AWARD EVALUATION OF CONTRACTOR PERFORMANCE

a. Contractor Performance Evaluations

Interim and final evaluations of Contractor performance will be prepared on this contract in accordance with FAR Subpart 42.15. The final performance evaluation will be prepared at the time of completion of work. In addition to the final evaluation, interim evaluation(s) will be prepared annually to coincide with the anniversary date of the contract.

Interim and final evaluations will be provided to the Contractor as soon as practicable after completion of the evaluation. The Contractor will be permitted thirty days to review the document and to submit additional information or a rebutting statement. If agreement cannot be reached between the parties, the matter will be referred to an individual one level above the Contracting Officer, whose decision will be final.

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

b. Electronic Access to Contractor Performance Evaluations

Contractors may access evaluations through a secure Web site for review and comment at the following address:

https://www.cpars.csd.disa.mil https://www.cpars.csd.disa.mil/

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 DISTRIBUTION

The Contractor shall not use contract funds to distribute any needle or syringe for the purpose of preventing the spread of blood borne pathogens in any location that has been determined by authorities to be inappropriate for such distribution.

ARTICLE H.3. PRESS RELEASES

The Contractor shall clearly state, when issuing statements, press releases, requests for proposals, bid solicitations and other documents describing projects or programs funded in whole or in part with Federal money:

(1) the percentage of the total costs of the program or project which will be financed with Federal money; (2) the dollar amount of Federal funds for the project or program; and (3) the percentage and dollar amount of the total costs of the project or program that will be financed by nongovernmental sources.

ARTICLE H.4. CARE OF LIVE VERTEBRATE ANIMALS, HHSAR 352.270-5(b) (October 2009)

a. Before undertaking performance of any contract involving animal-related activities where the species is regulated by USDA, the Contractor shall register with the Secretary of Agriculture of the United States in accordance with 7 U.S.C. 2136 and 9 CFR sections 2.25 through 2.28. The Contractor shall furnish evidence of the registration to the Contracting Officer.

b. The Contractor shall acquire vertebrate animals used in research from a dealer licensed by the Secretary of Agriculture under 7 U.S.C. 2133 and 9 CFR Sections 2.1-2.11, or from a source that is exempt from licensing under those sections.

c. The Contractor agrees that the care, use and intended use of any live vertebrate animals in the performance of this contract shall conform with the Public Health Service (PHS) Policy on Humane Care of Use of Laboratory Animals (PHS Policy), the current Animal Welfare Assurance (Assurance), the Guide for the Care and Use of Laboratory Animals (National Academy Press, Washington, DC) and the pertinent laws and regulations of the United States Department of Agriculture (see 7 U.S.C. 2131 et seq. and 9 CFR Subchapter A, Parts 1-4). In case of conflict between standards, the more stringent standard shall govern.

d. If at any time during performance of this contract, the Contracting Officer determines, in consultation with the Office of Laboratory Animal Welfare (OLAW), National Institutes of Health (NIH), that the Contractor is not in compliance with any of the requirements and standards stated in paragraphs (a) through (c) above, the Contracting Officer may immediately suspend, in whole or in part, work and further payments under this contract until the Contractor corrects the noncompliance. Notice of the suspension may be communicated by telephone and confirmed in writing. If the Contractor fails to complete corrective action within the period of time designated in the Contracting Officer's written notice of suspension, the Contracting Officer may, in consultation with OLAW, NIH, terminate this contract in whole or in part, and the Contractor's name may be removed from the list of those contractors with approved Assurances.

Note: The Contractor may request registration of its facility and a current listing of licensed dealers from the Regional Office of the Animal and Plant Health Inspection Service (APHIS), USDA, for the region in which its research facility is located. The location of the appropriate APHIS Regional Office, as well as information concerning this program may be obtained by contacting the Animal Care Staff, USDA/APHIS, 4700 River Road, Riverdale, Maryland 20737 (E-mail: ace@aphis.usda.gov ; Web site: ( http://www.aphis.usda.gov/animal_welfare (End of Clause) mailto:ace@aphis.usda.gov http://www.aphis.usda.gov/animal_welfare

ARTICLE H.5. ANIMAL WELFARE

All research involving live, vertebrate animals shall be conducted in accordance with the Public Health Service Policy on Humane Care and Use of Laboratory Animals (PHS Policy). The PHS Policy can be accessed at:

http://grants1.nih.gov/grants/olaw/references/phspol.htm

In addition, the research involving live vertebrate animals shall be conducted in accordance with the description set forth in the Vertebrate Animal Section (VAS) of the contractor's technical proposal, as modified in the Final Proposal Revision (FPR), dated , which is incorporated by reference.

ARTICLE H.6. INTRODUCTION OF RODENTS AND RODENT PRODUCTS

The contractor shall comply with NIH Manual 3043-1, Introduction of Rodents, Rodent Products and Rodent Pathogens on all animal deliveries to NIH facilities. NIH Manual Chapter 3043-1 can be found at http://oacu.od.nih.gov/NIHpolicy/3043-1.pdf. Please note that animals from the production facilities of vendors who receive a contract award are considered as coming from an “Approved” vendor.

ARTICLE H.7. 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 52.217-9, Option to Extend the Term of the Contract 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 price of the contract will be increased as set forth in the OPTION PRICES Article in SECTION B of this contract.

ARTICLE H. 8. SUBCONTRACTING PROVISIONS

APPLICABLE ONLY TO LARGE BUSINESSES

a. Small Business Subcontracting Plan

1. The Small Business Subcontracting Plan, dated is attached hereto and made a part of this contract.

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."

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 due on the following dates for the entire life of this contract:

April 30th October 30th Expiration Date of Contract

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:

http://grants1.nih.gov/grants/olaw/references/phspol.htm http://grants1.nih.gov/grants/olaw/references/phspol.htm http://oacu.od.nih.gov/NIHpolicy/3043-1.pdf http://www.esrs.gov/

October 30th

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

kathmank@od.nih.gov Contract Specialist

ARTICLE H.9. TASK ORDER/DELIVERY ORDER CONTRACT OMBUDSMAN

In accordance with FAR 16.505(b)(5), the following individual has been designated as the NIH Ombudsman for task order and delivery order contracts.

[The appropriate individual will be included in the resultant contract as follows:]

For Non R&D Contracts:

Dr. Richard G. Wyatt NIH Competition Advocate 1 Center Drive, Room 160, MSC 0151 Bethesda, MD 20892-0151 Phone: (301) 496-4920

FAX: (301) 402-4273

e-mail: WyattRG@mail.nih.gov

ARTICLE H.10. 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.11. RESTRICTION ON EMPLOYMENT OF UNAUTHORIZED ALIEN WORKERS

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

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

ARTICLE H.12. 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:

mailto:WyattRG@mail.nih.gov mailto:Htips@os.dhhs.gov

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

ARTICLE H.13. INFORMATION AND PHYSICAL ACCESS SECURITY

1. HHS-Controlled Facilities and Information Systems Security

a. To perform the work specified herein, Contractor personnel are expected to have routine (1) physical access to an HHS-controlled facility; (2) physical access to an HHS-controlled information system; (3) access to sensitive HHS data or information, whether in an HHS-controlled information system or in hard copy; or (4) any combination of circumstances (1) through (3).

b. To gain routine physical access to an HHS-controlled information system, and/or access to sensitive data or information, the Contractor and its employees shall comply with Homeland Security Presidential Directive (HSPD)-12, Policy for a Common Identification Standard for Federal Employees and Contractors; Office of Management and Budget Memorandum (M-05-24); and Federal Information Processing Standards Publication (FIPS PUB) Number 201; and with the personal identity verification and investigations procedures contained in the following documents:

1. HHS Information Security Program Policy ( http://www.hhs.gov/read/irmpolicy/121504.html )

2. HHS Office of Security and Drug Testing, Personnel Security/Suitability Handbook, dated

February 1, 2005 ( http://www.hhs.gov/ohr/manual/pssh.pdf )

3. HHS HSPD-12 Policy Document, v. 2.0 ( http://www.whitehouse.gov/omb/assets/omb/memoranda/fy2005/m05-24.pdf )

4. Information regarding background checks/badges

( http://idbadge.nih.gov/background/index.asp )

c. This paragraph is applicable only if the contractor/subcontractor personnel will (1) develop, (2) have the ability to access, or (3) host and/or maintain a federal information system(s).

1. Information type :

[ ] Administrative, Management and Support Information

N/A

[ ] Mission based Information

N/A

2. Security Categories and Levels :

Confidentiality Level: [ ] Low [ ] Moderate [ ] High Integrity Level: [ ] Low [ ] Moderate [ ] High Availability Level: [ ] Low [ ] Moderate [ ] High

Overall Level: [ ] Low [ ] Moderate [ ] High

[X] Not Applicable. This subparagraph is not applicable to this contract.

d. Position Sensitivity Levels:

This contract will not entail any of the following position sensitivity levels:

[ ] Level 6: Public Trust - High Risk. Contractor/subcontractor employees assigned to Level 6 positions shall undergo a Suitability Determination and Background Investigation (MBI).

http://csrc.nist.gov/drivers/documents/FISMA-final.pdf http://www.hhs.gov/read/irmpolicy/121504.html http://www.hhs.gov/ohr/manual/pssh.pdf http://www.whitehouse.gov/omb/assets/omb/memoranda/fy2005/m05-24.pdf http://www.whitehouse.gov/omb/assets/omb/memoranda/fy2005/m05-24.pdf http://idbadge.nih.gov/background/index.asp

[ ] Level 5: Public Trust - Moderate Risk. Contractor/subcontractor employees assigned to Level 5 positions with no previous investigation and approval shall undergo a Suitability Determination and a Minimum Background Investigation (MBI), or a Limited Background Investigation (LBI).

[X] Level 1: Non-Sensitive. Contractor/subcontractor employees assigned to Level 1 positions shall undergo a Suitability Determination and National Check and Inquiry Investigation (NACI).

e. The personnel investigation procedures for Contractor personnel require that the Contractor prepare and submit background…