Paper Products IFB2012.doc

SOL. # NIHOD2012318

This acquisition is being solicited using reverse auction procedures. Bidders SHALL NOT submit pricing with their response to this solicitation. Only those bidders determined to be responsive to this solicitation will be invited to participate in the online bidding process.

Pricing Schedule tc “Pricing Schedule “ \l 2 The estimated quantities shown below represent the Governments best estimate of the supplies to be ordered under the contract during the stated period of contract performance and are intended for price evaluation and fund obligation purposes only.

tc “The estimated quantities shown for each item represents the Government’s best estimate of the supplies to be ordered under the contract during the stated period of contract performance and are intended for price evaluation and fund obligation purposes only (refer to FAR 52.216-21, paragraph 6, Addendum to FAR Clause 52.212-4 - Contract Terms and Conditions - Commercial Items). “ \l 2 Basic Contract year: _______________ through __________________

(To be completed at time of award)

EST

QTY

Unit Unit Price Total Price

1. Paper, Copying:

25000

CS

NSN: 7530-01-335-2623

Shall provide in accordance with the specifications herein.

Bidding on:

Manufacturer ___________________

Brand _________________________

Number _______________________

2. Paper, 2 Hole Top Drilled:

NSN: 7530-01-256-9181

3. Paper, Copying:

NSN: 7530-01-334-7817

Unit Price

4. Paper, 3 Hole Drilled:

NSN: 7530-01-033-8891

5. Paper, Copying 100% Recycled

NSN: 7530-01-503-8441

6.

Paper, Copier, White:

NSN 7530-01-335-2623

with the specifications herein.

No bar-coding required.

5000 CS

Total Base Year

Option Period one (1): _______________ through __________________

Unit Price

NSN: 7530-01-334-7817

Unit Price

Total Option Period One

Option Period two (2): _______________ through __________________

Unit Price

NSN: 7530-01-334-7917

Total Option Period Two

Total Base Plus Two Option Periods

ARTICLE C.1 - SALIENT CHARACTERISTICS FOR ITEM NUMBER 1.

DESCRIPTION: Paper, Copying: NSN: 7530-01-335-2623

1.

Shall have a basis weight of 20 pounds.

2.

Shall be size of 8.5” x 11” inches (21.59cm x 27.94cm).

3.

Shall be white in color, with an 92% brightness or greater

4.

Shall contain a minimum of 30% post-consumer fiber.

5.

Shall be white, acid free, and jam free.

Shall contain 10 (ten) reams per case.

7.

Shall be multiple purpose conforming to JCP 0-65, Dated February 1, 1999, for Plain Copier, Xerographic, White and Colored Paper.

SALIENT CHARACTERISTICS FOR ITEM NUMBER 2.

DESCRIPTION: Paper, 2 Hole Top Drilled: NSN: 7530-01-256-9181

Shall have 2-Hole Drilled at top.

Shall be multiple purpose conforming to JCP 0-65, Dated February 1, 1999, for Plain Copier, Xerographic, White and Colored Paper.

SALIENT CHARACTERISTICS FOR ITEM NUMBER 3.

DESCRIPTION: Paper, Copying: NSN: 7530-01-334-7817

Shall be size of 8.5” x 14” inches (21.59cm x 35.56cm).

Shall be multiple purpose conforming to JCP 0-65, Dated February 1, 1999, for Plain Copier, Xerographic, White and Colored Paper.

SALIENT CHARACTERISTICS FOR ITEM NUMBER 4.

DESCRIPTION: Paper, 3 Hole Drilled: NSN: 7530-01-033-8891

Shall have 3-Hole Drill on the 11-inch side.

7. Shall be multiple purpose conforming to JCP 0-65, Dated February 1, 1999, for Plain Copier, Xerographic, White and Colored Paper.

SALIENT CHARACTERISTICS FOR ITEM NUMBER 5.

DESCRIPTION: Paper, Copying 100% Recycled: NSN: 7530-01-503-8443

Shall be blue-white shade in color, with an 92% brightness or greater

Shall contain a minimum of 100% post-consumer content.

Shall be manufactured without the use of chlorine or chlorine compounds (PCF)

8.

Shall be multiple purpose conforming to JCP 0-65, Dated February 1, 1999, for Plain Copier, Xerographic, White and Colored Paper.

SALIENT CHARACTERISTICS FOR ITEM NUMBER 6.

DESCRIPTION: Paper, Copying: NSN: 7530-01-335-2623

Shall contain 30% post-consumer fiber.

Shall be white, acid free, jam free.

Shall be multiple purpose conforming to JCP 0-65, Dated February 1, 1999, for Plain Copier, Xerographic, White and Colored Paper.

8.

Packaging, Palletization and Marking Instructions:

(i) Packaging - Each ream of Xerographic (plain copier) paper shall contain 500 sheets. The reams shall be wrapper glued down securely. There shall be no tears or evidence of damage to the wrapper. Ten reams of paper shall be packed in each box. Boxes shall be suitably glued and sealed to prevent tearing and opening during normal handling. All boxes shall be free of bulges and distortions and show no evidence of damage.

(ii) Palletization – Boxes shall be packed on a 4-way entry pallet with total dimensions not to exceed 40” wide X 48” long, (101.6cm x 121.92cm), inclusive of any material overhang. Pallets shall allow for pallet jacking from narrow end. The total height (including pallet) shall not exceed 56 inches (142.24cm). Each pallet shall contain 40 boxes of paper and all boxes shall be secured with stretch wrap plastic to assure safe and proper handling.

(iii) Labeling – Each ream and carton shall be marked or labeled in accordance with commercial practice; however, such marking or labeling must include dimension, color, type, grain, and direction.

Article C.2 - Additional Salient Characteristics for Items 1- 5:

Note: Numbers 1, 2, and 3 (iii) below only applies if the product that you offer does not come with a UPC Code. If they don’t then they will need the NIH specific Bar Code as stated below.

Numbers 3 (i) and (ii) apply to all products being offered.

Shall be marked in accordance with the attached NIH Standard Number 6, latest in effect, Symbology for Marking Unit Packs, Outer Container, and Selected Documents or latest NIH Standard in effect.

All individual reams and cases of paper must be bar coded with a National Stock Number (NSN). This number identifies the commodity being procured for the NIH, Central Stockroom. The bar code shall be 3 of 9 code as per the current Fed Std. No 123, latest in effect. The 13-digit NSN for the specific item shall be marked below the barcode symbol.

3. Packaging, Palletization and Marking Instructions:

(i) Packaging - Each ream of Xerographic (plain copier) paper shall contain 500 sheets. The reams shall be wrapper glued down securely. There shall be no tears or evidence of damage to the wrapper. Ten reams of paper shall be packed in each box. Boxes shall be suitably glued and sealed to prevent tearing and opening during normal handling. All boxes shall be free of bulges and distortions and show no evidence of damage.

(ii) Palletization – All deliveries shall be palletized on clean, new, 42” wide x 48” long

(106.68cm x 121.92cm), four way wood pallets. The total height of the pallet and supplies shall not exceed 55 inches (139.7cm). In addition, each pallet shall be stretch wrapped to assure safe and proper handling. There will be no exchange of pallets. (Note: Current industry standard for cases of paper per pallet/skid is 40 cases per pallet, which fall within these palletization standards.)

(iii) Marking – In addition to meeting the requirements set forth in NIH Standard No. 6, latest in effect, standard commercial marking shall be used. Exterior shipping containers and material not shipped in containers shall be marked, labeled, or tagged as applicable, and shall include (a) contractor’s name and address; (b) contract and/or delivery order number, and (c) total number of cartons in shipment (i.e., 1 of 5, 4 of 5, etc.). In addition, each ream and carton shall be marked or labeled in accordance with commercial practice, such marking and labeling must include dimension, color, type, grain, and direction.

ARTICLE D.1 DELIVERY

Every delivery must be coordinated in advance, at least one business day prior to shipping, with the NIH, GDC, and Customer Service Department at (301) 496-9156. Unless otherwise specified, deliveries shall be made to the delivery point specified below Monday through Friday, excluding Federal Holidays, between 8:30 a.m. and 3:30 p.m. only. If there is heavy snow the day of the scheduled delivery, please contact the NIH, GDC, and Customer Service department at (301) 496-9156 to ensure that the NIH is open, if closed, delivery will be made on the following workday. The day for delivery will be in accordance with the delivery schedule faxed with each order. Trucks arriving after the specified time will not be allowed to remain overnight at the delivery point and must return the following day for unloading. Supplies scheduled for delivery on a Federal Holiday should be made the following workday.

Satisfactory performance of this contract shall be deemed to occur upon delivery and acceptance by the Contracting Officer or the duly authorized representative of the item(s) described herein. Deliveries shall be made f.o.b. destination, within consignee’s premises to the following locations:

Deliver to

Item# 1 - 5

National Institutes of Health

Gaithersburg Distribution Center

16050 Industrial Drive, Main Warehouse

Gaithersburg, MD 20877

(301) 496-9156

Item#6

Every two weeks – quantity to

Clinical Center, be determined at time order

Storage and Distribution, Receiving Unit is placed with Contractor

10 Center Drive, Room B2-C123

Bethesda, MD 20892

(301) 496-3158

The government requires delivery to made within 7 calendar days from the date the contractor receives an order.

ARTICLE D.2 PACKAGING AND MARKING

(a) Preservation, Packaging, and Packing – Unless otherwise specified in the solicitation, Military Standard 2073-1D Notice 1, dated 10 May 2002 or latest in effect, Standard Practice for Military Packaging, shall be used to afford adequate protection against corrosion, deterioration, and physical damage during shipment from supply source to the destination specified in the solicitation.

(b) Delivery Tickets – Delivery tickets must cite the identifying contract number, delivery order number, and the name of the individual placing the order. When delivery is made by the Contractor’s own courier, a delivery ticket must be left with the ordering official or other designated receiving official showing Date, Purchase Order Number, Quantity/Pallets, and Description.

When delivery is made by other than the Contractor’s own courier, for example, via air mail, parcel post, railway express, etc., a delivery ticket must be enclosed with each consignment.

IMPORTANT:

Orders delivered to the NIH, Clinical Center, Building 10 (line item #6), Must specify complete information (i.e., name of department, name of individual placing the order, telephone number, room number) to ensure correct delivery by the Clinical Center loading dock personnel.

ARTICLE D.3 SAMPLE REQUIREMENT

All bidders will be required to submit a sample. The samples shall be labeled and packaged as stated below. Bidders failing to submit properly labeled and packaged samples will be considered non-responsive and will be rejected. See paragraphs below for a full description of the evaluation/qualification process.

A single box or item shall be furnished at no expense to the Government as part of the submission. The sample will remain the property of the Government and will not be returned. All samples shall be received on or before the time designated for the initial response as indicated by the date in Block 8 of the SF-1449.

Samples shall be tagged showing the Solicitation Number, Contractor’s name and the word “Sample”. The samples shall be mailed or delivered to: National Institutes of Health, Office of Acquisition (OLAO), ATTN: Aseia Chaudhry, 6011 Executive Blvd., Room 541D, Rockville, Maryland 20852 and must be received by the date and time for initial bid submissions. Samples will be evaluated to determine compliance with quality, workmanship and other product requirements as specified in this solicitation. NOTE: IF YOU HAVE SAMPLES SENT DIRECTLY TO THE NIH BY THE MANUFACTURER, THEY MUST STILL COMPLY WITH ALL OF THE ABOVE LABELING INSTRUCTIONS FOR BID SAMPLES.

Only those vendors whose proposed products are determined to meet the salient characteristics delineated in this solicitation through the sample evaluation process and who also provide the following information (BY THE DATE AND TIME DESIGNATED FOR RECEIPT OF INITIAL BID RESPONSES IN BLOCK 8 OF SF 1449) with their initial bid submission will be invited to proceed to participate in the reverse auction:

a.

A signed SF 1449 b.

A completed copy of the Representations and Certifications c.

Samples as described above in the paragraph entitled Sample Requirements, which are determined by the Government to meet ALL of the salient characteristics, outlined above.

ARTICLE D.4 Reverse Auction Prcedures General. A reverse auction is one in which suppliers submit their bids online via a service provider and continue to lower their prices until the auction closes. All qualified bidders will be required to submit pricing via the online bidding mechanism.

b.

Service Provider. Auction Enabler is the online auction service that will conduct the process through a secure web site. An enabler will safeguard proprietary data submitted by participants during the course of conducting or hosting the auction. The online auction enabler will contact all qualified bidders and provide training in how to participate. All bidders must agree to abide by the terms of the auction service.

c.

Process. An online auction enabler service conducts the process through a secure web site. The enabler ensures routing of documents using a very high level of security for authentication, authorization and privacy by providing: Authentication and encryption information using 128-bit Secured Sockets layer (SSL); Mandated user authentication prior to access inside a participant’s firewall; and, Server-to-server digital certificates for additional security. Qualified bidders will submit their prices via the online auction process. An industry standard browser and connection to the Internet is all that is required. There is no communication or negotiation with bidders by the Government. Bidders will be able to follow the process to see the status of their bid by viewing bids as they appear on the web site in real time. Bidders will not be able to identify other bidders participating in the process, only the bid prices.

d.

Bid Opening. Qualified bidders will be notified when the bidding period is open as well as the amount of time available for the process. The bid opening time period for the online reverse auction shall be set by NIH and the Auction Enabler. Bidding continues until a pre-established bidding period ends. The bid opening time period shall be extended for additional two-minute periods if a lower bid is submitted within the last one minute of the bidding period.

e.

Rules Applicable Specifically to NIH.

NIH will establish the list of qualified bidders to participate in the online reverse auction based on evaluation of bid samples. All qualified bidders will be contacted by the auction enabler, to schedule a training session on how to participate in the online auction. Training may include a “mock” auction.

Following the necessary training of all qualified bidders, the specific date and time of the bidding period will be announced.

NIH will not engage in additional price negotiations outside the online bidding mechanism.

NIH may suspend or cancel online competitive bidding at any time and without prior notification.

f.

Rules Applicable Specifically to Qualified Bidders

Bids, which qualified bidders submit through the online bidding system, are legally binding bids without qualification subject to the provisions of FAR Clause 52.212-1.

Bids are accepted only for the entire anticipated period of performance (e.g., base contract period and two option periods).

Qualified bidders agree to submit bids only through the online bidding mechanism supplied by the auction enabler and not to submit bids via any other mechanism including but not limited to courier, facsimile, e-mail, or orally, unless specifically requested by the Government or online provider.

Any qualified bidder experiencing difficulties during the auction period must notify the online provider and the Contracting Officer at the telephone number provided in the auction information immediately.

“Difficulties” include any event or problem, which interferes with the qualified bidder’s ability to participate in the reverse auction, and may include, but is not limited to, data entry errors, software problems, or hardware problems.

Qualified bidders shall not disclose their prices to others for the purpose of collusive bidding or any other anti-competitive purpose.

g.

Surrogate Support. In the event that a contractor does not have Internet connectivity or loses Internet connectivity, the auction enabler will provide surrogate support to take the contractor’s bid through a verification process.

Prior to an auction the event dispatcher notifies/verifies all bidder participation and determines connectivity. During the bidding process, the session is monitored by the auction enabler. All Sessions are documented and a report is generated for a successful “Session” report. Each report identifies the session details, date, commodity manager, problem, and participants.

The Surrogate Support follows procedures and processes to ensure that bidders receive a unique Logon ID. All information is validated to ensure that the person who is on the telephone has the authority to bid.

The Surrogate:

Contacts all bidders b.

Confirms that all bidders are notified of an event c.

Verifies Internet connectivity capability d.

Confirms bidder training e.

Assigns Session/Event Date/Time and Logon

In the event that all parties lose connectivity, such as a computer server failure, the auction enabler will provide Surrogate support to complete an auction that has begun. The Surrogate support may take the form of a back-up computer server or other electronic means such as telephone or fax.

ARTICLE E.1 FAR 52.219-6 -- Notice of Total Small Business Set-Aside Alternate I (Nov 2011)

(a) Definition. “Small business concern,” as used in this clause, 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 size standards in this solicitation.

(b) Applicability. This clause applies only to—

(1) Contracts that have been totally set aside or reserved for small business concerns; and

(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

(c) General.

(1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.

(2) Any award resulting from this solicitation will be made to a small business concern.

(d) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply to construction or service contracts.

ARTICLE E.2 FAR 52.214-3 -- Amendments to Invitations for Bids (Dec 1989)

(a) If this solicitation is amended, then all terms and conditions which are not modified remain unchanged.

(b) Bidders shall acknowledge receipt of any amendment to this solicitation

(1) by signing and returning the amendment,

(2) by identifying the amendment number and date in the space provided for this purpose on the form for submitting a bid,

(3) by letter or telegram, or

(4) by facsimile, if facsimile bids are authorized in the solicitation.

The Government must receive the acknowledgment by the time and at the place specified for receipt of bids.

ARTICLE E.3 FAR 52.214.4 – False Statements in Bids (Apr 1984) Bidders must provide full, accurate, and complete information as required by this solicitation and its attachments. The penalty for making false statements in bids is prescribed in 18 U.S.C. 1001.

ARTICLE E.4 FAR 52.214-5 -- Submission of Bids (Mar 1997)

(a) Bids and bid modifications shall be submitted in sealed envelopes or packages (unless submitted by electronic means) --

(1) Addressed to the office specified in the solicitation; and

(2) Showing the time and date specified for receipt, the solicitation number, and the name and address of the bidder.

(b) Bidders using commercial carrier services shall ensure that the bid is addressed and marked on the outermost envelope or wrapper as prescribed in subparagraphs (a)(1) and (2) of this provision when delivered to the office specified in the solicitation.

(c) Telegraphic bids will not be considered unless authorized by the solicitation; however, bids may be modified or withdrawn by written or telegraphic notice.

(d) Facsimile bids, modifications, or withdrawals, will not be considered unless authorized by the solicitation.

(e) Bids submitted by electronic commerce shall be considered only if the electronic commerce method was specifically stipulated or permitted by the solicitation.

ARTICLE E.5 FAR 52.214-6 -- Explanation to Prospective Bidders (Apr 1984) Any prospective bidder desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing soon enough to allow a reply to reach all prospective bidders before the submission of their bids. Oral explanations or instructions given before the award of a contract will not be binding. Any information given a prospective bidder concerning a solicitation will be furnished promptly to all other prospective bidders as an amendment to the solicitation, if that information is necessary in submitting bids or if the lack of it would be prejudicial to other prospective bidders.

ARTICLE E.6 FAR 52.214-7 -- Late Submissions, Modifications, and Withdrawals of Bids (Nov 1999)

(a) Bidders are responsible for submitting bids, and any modifications or withdrawals, so as to reach the Government office designated in the invitation for bids (IFB) by the time specified in the IFB. If no time is specified in the IFB, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that bids are due.

(b) Any bid, modification, or withdrawal received at the Government office designated in the IFB after the exact time specified for receipt of bids is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late bid would not unduly delay the acquisition; and—

(i) If it was transmitted through an electronic commerce method authorized by the IFB, it was received at the initial point of entry to the Government infrastructure not later tan 5:00 p.m. one working day prior to the date specified for receipt of bids; or

(ii ) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of bids and was under the Government’s control prior to the time set for receipt of bids.

(2) However, a late modification of an otherwise successful bid that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(c) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the bid wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(d) If an emergency or unanticipated event interrupts normal Government processes so that bids cannot be received at the Government office designated for receipt of bids by the exact time specified in the IFB and urgent Government requirements preclude amendment of the IFB, the time specified for receipt of bids will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(e) Bids may be withdrawn by written notice received at any time before the exact time set for receipt of bids. If the IFB authorizes facsimile bids, bids may be withdrawn via facsimile received at any time before the exact time set for receipt of bids, subject to the conditions specified in the provision at 52.214-31, Facsimile Bids. A bid may be withdrawn in person by a bidder or its authorized representative if, before the exact time set for receipt of bids, the identity of the person requesting withdrawal is established and the person signs a receipt for the bid.

ARTICLE E.7 FAR 52.214-14 -- Place of Performance -- Sealed Bidding (Apr 1985)

(a) The bidder, in the performance of any contract resulting from this solicitation, * intends, * does not intend [check applicable box] to use one or more plants or facilities located at a different address from the address of the bidder as indicated in this bid.

(b) If the bidder checks “intends” in paragraph (a) above, it shall insert in the spaces provided below the required information:

ARTICLE E.8 FAR 52.214-15 -- Period for Acceptance of Bids (Apr 1984) In compliance with the solicitation, the bidder agrees, if this bid is accepted within _______ calendar days (60 calendar days unless a different period is inserted by the bidder) from the date specified in the solicitation for receipt of bids, to furnish any or all items upon which prices are bid at the price set opposite each item, delivered at the designated point(s), within the time specified in the Schedule.

ARTICLE E.9 FAR 52.214-20 -- Bid Samples (Apr 2002)

(a) “Bid sample” means a product sample required to be submitted by a bidder to show those characteristics of the offered products that cannot adequately be described by specifications, purchase descriptions, or the invitation for bid (e.g., balance, facility of use, or pattern).

(b) Bidders must furnish bid samples as part of the bid. The Government must receive the bid samples by the time specified in the invitation for bids. If the bidder fails to submit samples on time, the Government will reject the bid, except that the Contracting Officer will consider a late sample sent by mail under the Late Submissions, Modifications, and Withdrawals of Bids provision of this solicitation.

(c) The Government will test or evaluate bid samples to determine compliance with all the characteristics listed for examination in this solicitation. The Government will reject the bid when the sample fails to conform to the required characteristics. Products delivered under any resulting contract must conform to --

(1) The approved sample for the characteristics listed for test or evaluation; and

(2) The specifications for all other characteristics.

(d) Unless otherwise specified in the solicitation, bid samples shall be --

(1) Submitted at no expense to the Government; and

(2) Returned at the bidder’s request and expense, unless they are destroyed during preaward testing.

ARTICLE E.10 FAR 52.214-21 -- Descriptive Literature (Apr 2002)

(a) “Descriptive literature,” as used in this provision, means information furnished by a bidder, such as cuts, illustrations, drawings, and brochures, that shows a product’s characteristics or construction or explains its operation. The term includes only that information required to evaluate the acceptability of the product and excludes other information for operating or maintaining the product.

(b) Descriptive literature is required to establish, for the purpose of evaluation and award, details of the product offered that are specified elsewhere in the solicitation and pertain to significant elements such as --

(1) Design;

(2) Materials;

(3) Components;

(4) Performance characteristics; and

(5) Methods of manufacture, assembly, construction, or operation.

(c) Descriptive literature, required elsewhere in this solicitation, shall be --

(1) Identified to show the item(s) of the offer to which it applies; and

(2) Received by the time specified in this solicitation.

(d) If the bidder fails to submit descriptive literature on time, the Government will reject the bid, except that late descriptive literature sent by mail may be considered under the Late Submissions, Modifications, and Withdrawals of Bids provision of this solicitation.

(e) If the descriptive literature fails to show that the product offered conforms to the requirements of the solicitation, the Government will reject the bid.

ARTICLE E.11 INVOICE SUBMISSION

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

(1) Payment requests shall be submitted as follows:

(a) One original 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 to the following approving official and project officer/COTR:

Project Officer/COTR

TBD at time of contract award

The Contractor shall submit an electronic copy of the payment request to the approving official/project officer in lieu of a paper copy. The payment request shall be transmitted as an attachment via e-mail to the address listed above in a format compatible with the computer systems at NIH [e.g., MS Word, MS Excel, or Adobe Portable Document Format (PDF)]. (Note: The original payment request must still be submitted in hard copy and mailed to the designated billing office to meet the requirements of a “proper invoice.”)]

(2) In addition to the requirements specified in FAR 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 ____________.

(b) Central Point of Distribution. For the purpose of this contract, the Central Point of Distribution is ____________.

(c) Federal Taxpayer Identification Number (TIN). If the Contractor does not have a valid TIN, it shall identify the Vendor Identification Number (VIN) on the payment request. The VIN is the number that appears after the Contractor's name on the face page of the contract. [Note: A VIN is assigned to new contracts awarded on or after June 4, 2007, and any existing contract modified to include the VIN number.] If the Contractor has neither a TIN, DUNS, or VIN, contact the Contracting Officer.

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

(e) Invoice Matching Option. This contract requires a [two-way/three-way] match.

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

(g) PRISM/NBS Line Item Number and associated PRISM/NBS Line Item Period of Performance.

ARTICLE E.12 FAR 52.216-2 -- Economic Price Adjustment -- Standard Supplies (Jan 1997)

(a) The Contractor warrants that the unit price stated in the Schedule for _________ [offeror insert Schedule line item number] is not in excess of the Contractor’s applicable established price in effect on the contract date for like quantities of the same item. The term “unit price” excludes any part of the price directly resulting from requirements for preservation, packaging, or packing beyond standard commercial practice. The term “established price” means a price that --

(1) Is an established catalog or market price for a commercial item sold in substantial quantities to the general public; and

(2) Is the net price after applying any standard trade discounts offered by the Contractor.

(b) The Contractor shall promptly notify the Contracting Officer of the amount and effective date of each decrease in any applicable established price. Each corresponding contract unit price shall be decreased by the same percentage that the established price is decreased. The decrease shall apply to those items delivered on and after the effective date of the decrease in the Contractor’s established price, and this contract shall be modified accordingly.

(c) If the Contractor’s applicable established price is increased after the contract date, the corresponding contract unit price shall be increased, upon the Contractor’s written request to the Contracting Officer, by the same percentage that the established price is increased, and the contract shall be modified accordingly, subject to the following limitations:

(1) The aggregate of the increases in any contract unit price under this clause shall not exceed 10 percent of the original contract unit price.

(2) The increased contract unit price shall be effective --

(i) On the effective date of the increase in the applicable established price if the Contracting Officer receives the Contractor’s written request within 10 days thereafter; or

(ii) If the written request is received later, on the date the Contracting Officer receives the request.

(3) The increased contract unit price shall not apply to quantities scheduled under the contract for delivery before the effective date of the increased contract unit price, unless failure to deliver before that date results from causes beyond the control and without the fault or negligence of the Contractor, within the meaning of the Default clause.

(4) No modification increasing a contract unit price shall be executed under this paragraph (c) until the Contracting Officer verifies the increase in the applicable established price.

(5) Within 30 days after receipt of the Contractor’s written request, the Contracting Officer may cancel, without liability to either party, any undelivered portion of the contract items affected by the requested increase.

(d) During the time allowed for the cancellation provided for in subparagraph (c)(5) of this clause, and thereafter if there is no cancellation, the Contractor shall continue deliveries according to the contract delivery schedule, and the Government shall pay for such deliveries at the contract unit price, increased to the extent provided by paragraph (c) of this clause.

(a) Adjustment based on established prices—standard supplies.

(1) The contracting officer shall, when contracting by negotiation, insert the clause at 52.216-2, Economic Price Adjustment—Standard Supplies, or an agency-prescribed clause as authorized in paragraph (a)(2) of this subsection, in solicitations and contracts when all of the following conditions apply:

(i) A fixed-price contract is contemplated.

(ii) The requirement is for standard supplies that have an established catalog or market price.

(iii) The contracting officer has made the determination specified in 16.203-3.

(2) If all the conditions in paragraph (a)(1) of this subsection apply and the contracting officer determines that the use of the clause at 52.216-2 is inappropriate, the contracting officer may use an agency-prescribed clause instead of the clause at 52.216-2.

(3) If the negotiated unit price reflects a net price after applying a trade discount from a catalog or list price, the contracting officer shall document in the contract file both the catalog or list price and the discount. (This does not apply to prompt payment or cash discounts.)

ARTICLE E.13 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 15 days provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least ___ days [60 days unless a different number of days is inserted] before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 3 years.

ARTICLE E.14 FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (April 2012)

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

(1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

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

(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78).

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

[Contracting Officer check as appropriate.]

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Feb 2012) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010) (Pub. L. 111-5).

X (6) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Dec 2010) (31 U.S.C. 6101 note).

__ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Feb 2012) (41 U.S.C. 2313).

__ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

__ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

__ (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (11) [Reserved]

X (12)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (13)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

__ (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)).

__ (15)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Oct 2001) of 52.219-9.

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

__ (iv) Alternate III (Jul 2010) of 52.219-9.

__ (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)).

X (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

__ (18) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (19)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

__ (ii) Alternate I (June 2003) of 52.219-23.

__ (20) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (21) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

__ (23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2012) (15 U.S.C. 632(a)(2)).

__ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2012) (15 U.S.C. 637(m)).

__ (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2012) (15 U.S.C. 637(m)).

X (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

X (27) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Mar 2012) (E.O. 13126).

X (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

X (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

X (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212).

X (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

X (32) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).

X (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

__ (34) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__ (37)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

__ (ii) Alternate I (Dec 2007) of 52.223-16.

__ (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

X (39) 52.225-1, Buy American Act—Supplies (Feb 2009) (41 U.S.C. 10a-10d).

__ (40)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (Mar 2012) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, and Pub. L. 112-41).

__ (ii) Alternate I (Mar 2012) of 52.225-3.

__ (iii) Alternate II (Mar 2012) of 52.225-3.

__ (iv) Alternate III (Mar 2012) of 52.225-3.

__ (41) 52.225-5, Trade Agreements (Mar 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (42) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (45) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

__ (46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

X (47) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).

__ (48) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

__ (49) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).

__ (50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (51)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

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

[Contracting Officer check as appropriate.]

__ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (Nov 2007) (41 351, et seq.).

__ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

__ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).

__ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) [Reserved]

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

(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

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

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

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

(xii) 52.222-54, Employment Eligibility Verification (Jan 2009).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xi…