Final_RFP.docx

NIHOD2015060

SECTION B – SUPPLIES OR SERVICES AND PRICE/COST

ARTICLE B.1 BRIEF DESCRIPTION OF SUPPLIES OR SERVICES

This purpose of this solicitation is to establish and maintain a Laboratory Animal Feed and Bedding resource to ensure the accessibility and availability of essential feed and bedding throughout an emergency, disaster, and/or Government shutdown located at the National Institutes of Health (NIH).

ARTICLE B.2 PRICE/COST

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

In accordance with the Statement of Work (SOW) in Section C, the contractor shall provide the expertise in the tasks outline therein, and in accordance with the technical proposal submitted in response to this requirement. These services will be provided for one (1) twelve (12) month base period with the possibility of four (4), twelve (12) month option periods. This shall be Indefinite Delivery, Requirements type contract. Unit Prices are Firm-Fixed Price.

a. The total amount of this contract is $ TBD.

b. Upon delivery and acceptance of the item(s) as described in the SOW 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:

Base Year

Warehouse Storage Cost

c. Unless the Government exercises its option pursuant to the option clause referenced in ARTICLE I, ADDITIONAL CONTRACT CLAUSES, this contract consists only of the Base Period specified in the SOW, for the price set forth in ARTICLE B.2 of this contract.

d. Pursuant to FAR Clause 52.217-9 (Option to Extend) set forth ARTICLE I, 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 SOW 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 (FAR Clause 52.217-9) Article in SECTION H of this contract. The price of this contract will be reflected as set forth in paragraph e., below.

e. Upon the delivery and acceptance of the services 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 for the applicable option period.

Option I

Option II

Option III

Option IV

Total estimated contract amount including base plus all option periods: $ ___________________

B.3 - DELIVERIES

Supplies List

· For further information, please see Attachment in SECTION J.

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

ARTICLE C.1 - CONTRACT CLAUSES

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, attached and included hereto and made part of this Solicitation (See SECTION J – List of Attachments).

B. The applicable Privacy Act System of Records Number will be specified and shall be used in any design, development, or operation work to be performed under the resultant contract. Disposition of records shall be in accordance with SECTION C of the contract, and by direction of the Contracting Officer’s Representative (COR).

Clause 52.212-4 Contract Terms and Conditions-Commercial items are hereby incorporated by reference.

ARTICLE C.1 STATEMENT OF WORK

Support Services for Animal Feed and Bedding

C.1 PURPOSE

This Request for Proposal (RFP) solicits proposals to establish and maintain a Laboratory Animal Feed and Bedding resource to ensure the accessibility and availability of essential feed and bedding throughout an emergency, disaster, and/or Government shutdown. The feed and bedding are required to support irreplaceable multidisciplinary animal research which is critical to the on-going mission of eight institutes at the National Institutes of Health (NIH). The Government’s requirement for feed and bedding of a specific quality and quantity, which meet specific specifications as outlined below, coupled with the potential for prolonged manufacturing times and a definitive product shelf life, underscores the critical need for this contract. It is the goal of this contract to establish a stable, cost effective, mechanism to ensure the immediate accessibility of up to a ninety (90) day supply of feed and bedding, as well as provide for the availability of feed and bedding for rotation and replacement throughout the twelve (12) month contract period. The initial emergency/disaster reserve volume of both feed and bedding will be determined at the time of award. The reserve volume for each category and product will be subsequently adjusted on a monthly basis in accordance with available resources and program requirements.

The Contract Period shall consist of one (1) base year, with four (4), one year option periods. In addition to establishing and maintaining a feed and bedding emergency and disaster resource, the vendor must provide high quality laboratory animal feed and/or bedding that meet the specifications as outlined below. Since both feed and bedding products have a definitive shelf life, to maintain the integrity of the stocked items the vendor shall deliver requested items from the reserve to the facility on a routine basis or upon request as outlined below. In addition, the vendor shall reestablish the reserve as directed by the Government on a monthly basis. It is the vendor’s responsibility to manage the reserve to ensure the continued rotation of product to protect the integrity of the resource. Therefore, the vendor must be able to supply the following goods or services:

1. Provide Purina/Lab Diet™ Brand animal feeds for various species of research animals. To ensure consistency with past research results and minimize or eliminate current and future research variability, no product substitutions allowed in this category without prior consent of the Government. Food items may be added, subtracted, or otherwise modified at the discretion of the Government to meet evolving program requirements;

2. Provide hardwood and paper/cellulose animal bedding identical to NEPCO® Aspen Chip, Absorption Corporation BioFresh™, Nepco Beta Chip® or equal product. Bedding items may be added, subtracted, or otherwise modified at the discretion of the Government to meet evolving program requirements;

3. Ensure that all feed and bedding meets the specifications as outlined on the Building 49 Feed and Bedding Price Schedule , including the maximum volume, weight, or size of each bag/unit;

4. NEPCO Beta Chip® and feed designated as “autoclavable” must be delivered in bags able to withstand (i.e. allow for steam penetration, maintain integrity) steam sterilization;

5. Provide a specialized temperature, humidity, and vermin controlled storage/warehouse, as outlined below;

6. Provide routine deliveries of food or bedding to our research facility on Tuesdays and Thursdays no earlier than 8:00AM EST, but before 11:30 AM EST;

7. Provide emergency deliveries and services in the event of an emergency or disaster;

8. Ensure that the integrity of the products is maintained throughout storage and delivery. This includes protection from moisture and dust which may carry unwanted pathogens;

9. Ensure that less than five percent (<5%) of bags of food and bedding are torn, ripped, or damaged upon delivery;

10. Provide a credit/replacement, at the contractor’s expense, for all broken, torn, ripped or damaged feed or bedding items;

11. Provide return trips to correct an incorrect product delivery/order or replace damaged items within 24 hours of the original required delivery date and time;

12. Unload pallets from the delivery truck and place them on the designated animal facility loading dock;

13. Maintain current and accurate product inventory details and controls to ensure the rotation stock to ensure the timely dating, delivery and use of each product;

14. Supply a copy of the current inventory, including inventory numbers of each product by manufacturer and mill dates, to the Contracting Officer Representative (COR) on a monthly basis, at the end of each month, or upon request;

15. Provide an Operations Statement included with the vendors program for maintaining the integrity of the stored and delivered products, as well as product rotation and inventory programs; and

16. Provide a detailed Disaster Plan to include how the contractor shall ensure the provision of services and transportation of required food and bedding in the event of an emergency or disaster.

The Building 49 under SECTION B.3 - DELIVERIES, Central Animal Facility Annual Usage Feed and Bedding spreadsheet allows Prospective Vendors to see the Building 49 Central Animal Facility' exact match of products as well as prior 12 months of feed and bedding purchases, and gives prospective vendors the opportunity to bid either a currently purchased item, an origin match item or an equivalent item. It is expected that each prospective vendor responding to this notice will complete the Building 49 Central Animal Facility feed and bedding annual usage spreadsheet in the following manner:

A. Prospective Vendors understand that the catalog numbers provided are that of existing suppliers and may have been slightly modified based on purchasing data received. Therefore, there may be some "cross referencing" work involved in the submission of a response.

B. Prospective Vendors understand that they are asked to identify their corresponding equivalent feed and or bedding if one exists along with size/quantity comparable amounts. The equivalent feed and or bedding provided should be the feed and or bedding that most closely resembles the items listed as one currently utilized.

C. Prospective Vendors understand that they are asked to identify their corresponding origin match feed and or bedding if one exists. The origin match feed and or bedding provided should be the feed and or bedding that most closely resembles the items listed as one currently utilized.

D. Prospective Vendors must provide both size, and packaging for feed and or bedding proposed as either exact match or equivalent (if applicable).

E. Prospective Vendors must complete “Additional Information” tab. This tab will provide visibility into the Proposers proposed discount off-list for feed and or bedding. Prospective Vendors are asked to provide any applicable discounts for custom feed and or bedding or additional products they will offer as part of this solicitation. If applicable, Prospective Vendors should use comment field to provide additional information.

F. Prospective Vendors must identify all cost associated with the acquisition of feed and/or bedding on the “Additional Information” tab. This includes identifying all cost associated with shipping/freight, handling, and packaging.

C.2 BACKGROUND

Building 49, Central Animal Facility (CAF), located on the Bethesda campus of the National Institutes of Health, contributes to the advancement of biomedical research by providing professional and technical support services related to laboratory animal care and use, and housing laboratory animals in support of eight institute’s intramural research program. In order to support our animals and the critical research programs they represent, we must ensure a consistent supply of feed and bedding, even during emergency and disaster situations. In addition, to minimize research variables secondary to feed and bedding, we must also ensure the quality and consistency of the food and bedding itself. Due to the critical nature of these supplies our program requirements have been incorporated into both our Facility and Institute disaster preparedness plans.

The value of disaster preparedness to laboratory animal facilities has been highlighted in recent years, because of several large scale disasters that have impacted the U.S. research investment. Disaster preparedness in the workplace seeks to reduce direct and indirect losses resulting from disasters. Losses are diminished when the disruptions to animal care and research are minimized. During emergency/disaster events, the normal supply and distribution channels will most likely be unavailable and/or protracted due to the impact of the emergency and the rush of immediate orders. Our program’s disaster plan takes these factors into account; it is therefore our intention is to establish an offsite source of critical supplies with an established, laboratory animal feed and bedding vendor with a proven track record of providing quality products and services. As outlined in our emergency plan it is the intention of our program to be able to house up to a one year’s supply of feed and bedding with a local vendor within a 60 mile radius of NIH in Bethesda, Maryland. The ideal vendor will need a sound disaster plan and have arrangements made with the state and federal agencies in the event of an emergency and/or disaster to be able to arrange deliveries to the NIH. As a secondary backup, in the event that the vendor is not able to transport the required supplies we will work with the local vendor to directly pick up the required items.

The animal feed and bedding products required are highly specific to the needs of our research program, and these needs are as diverse as the areas of research at the NIH. Our researchers advance science through experimental research conducted with animal models. Accurate results and meaningful conclusions are achieved only when tight control is maintained over all materials and methods used in every research study within our program.

Both the feed and bedding are key variables that must be controlled and managed to minimize changes over time. Variations in the dietary ingredients fed to animals involved in biomedical research could confound experimental results or influence the interpretation of results:

1. There are three common practices of feed manufacturing which are open, closed and fixed formulas. Therefore it is important to manage diet formulas and have tight controls when manufacturing the diet. In fact, it is unlikely that lots manufactured according to the same formulations would contain exactly the same concentration of nutrients or contaminants, as different batches of ingredients may be used in open and closed formula diets.

2. Due to our programs requirements it was determined by our users to use Purina’s’ Lab and Test diets which are fixed-formula diets.

Using this method, Purina is able to deliver a constant level of nutrients taking into account the biological variation of natural feedstuffs. Ingredients are assayed daily and necessary formulation refinements are made, if required, to minimize nutrient variation. The actual ingredients used or their order of inclusion in the diet does not change. The benefit to our program and research mission is a constant baseline of nutrition to control unwanted, nutritionally induced research variables. In addition, ingredients must be assayed for interfering environmental contaminants to further reduce the possibility of unwanted variables introduced through the diet. This method removes uncertainty and assures control, predictability and maintenance of baseline data in research experimentation.

The Guide for the Care and Use of Laboratory Animals (8th Edition) defines animal biosecurity as “all measures taken to identify, contain, prevent and eradicate known or unknown infections that may cause clinical disease or alter physiologic and behavioral responses or otherwise make the animals unsuitable for research”. The National Animal Health Emergency Management System Guidelines define biosecurity for animal production facilities similarly as “a series of management practices designed to prevent the introduction of and spread of disease agents.” Therefore, as part of our program’s “Biosecurity Program” we must ensure the provision of an uninterrupted supply of essential supplies, this plan is a shared responsibility between our program and the selected vendor to ensure the consistent availability of high quality feed, bedding, and services.

C.3 SPECIFICATIONS

The Vendor’s warehouse is required to have adequate, vermin free, space available for the storage of up to a year’s supply of feed and bedding. The supplies will be stored in an area that is protected from the risk of contamination from animal pathogens, toxic and or hazardous substances. Ideally, the product shall also be protected from dust which may carry or harbor pathogens. The warehouse shall have a pest control program designed to prevent, control or eliminate the presence of or infestation by pests. The Vendor must provide the name of the firm that provides vermin and pest control services as well as a description of their pest control program. A regularly scheduled and documented program of control and monitoring should exist. The Vendor also must provide documentation with regard to their quality assurance practices. All products supplied shall be free of chemical or pathologic contaminants and the presence of natural toxicants. Areas used for storage shall not be subject to elevated temperatures or elevated relative humidity for prolonged periods of time as outlined below. The Vendor must provide information on manufacturing, monitoring, and storage of feed and bedding products, as well as quality assurance results on a monthly basis. As part of our programs responsibility, we will inspect the site(s) annually to ensure that they are meeting the above requirements.

It is our intent to incorporate within the contract the ability to secure space within the suppliers’ warehouse(s) that meets the biosecurity requirements listed above. As part of the agreement, we would meet with the vendor prior to award and once a year thereafter for a site visit of the warehouse to ensure that the stated requirements outlined in this Statement of Work are met or exceeded. This will ensure that the facility is able to maintain up to a year’s reserve of bedding and feed at the respective location, as well as the vendor’s ability to meet or exceed the requirement of this PWS. The awarded vendor shall be required to provide a detailed inventory list at least on a monthly basis, or more often if needed, and document that the reserve stock is being rotated to ensure the integrity of all products.

1 Knapka, J.J. natural-ingredient Diets: Managing the Variation in Dietary Nutrient Concentrations. Lab Animal, October 1997; 40-42 2 Rao, G.N. and Knapka, J.J. Contaminant and nutrient concentrations of natural ingredient rat and mouse diet used in chemical toxicology studies. Fundamental and Applied Toxicology; 9:329-338, 1987.

Standards:

· National Institutes of Health Standard for Laboratory Animal Feed Processing and Mill Sanitation

· National Institutes of Health Standard for Laboratory Animal Bedding Processing, Packaging and Facility Sanitation

· National Institutes of Health Standard for Nutrient and Chemical Contaminant Analyses of Laboratory Animal Diets

Vendors are cautioned that any alternate proposal, unless requested by the Contracting Officer, or any changes, insertions, or omissions to the terms and condition, specifications, or any other requirement for this proposal may be considered non-responsive, and at the opinion of the Contracting Officer may result in rejection of the proposal.

The level of stock for the emergency supply will be dependent upon the available resources and funding levels available at the base and option years of the contract. However at a minimum one (1) month supply will always be kept. At a minimum the emergency/disaster reserve for each feed and bedding product will be a 30 day supply; at a maximum a 150 day supply for each feed product shall be maintained and a 365 day supply for each bedding product. The maximum reserve for animal feed has been adjusted to account for the products shorter expiration period

All quantities stated, unless indicated otherwise are estimates and the Government reserves the right to increase or decrease the quantities at the unit price as best fits it needs. Attached is a spreadsheet of the current usage level of each product for fiscal year 2014.

Most manufacturers and the Guide for Care and Use of Laboratory Animals suggest using feed products within a 6 month shelf life from the date of manufacture.

“Most natural-ingredient, dry laboratory animal diets stored properly can be used up to 6 months after manufacture. Refrigeration preserves nutritional quality and lengthens shelf life, but food storage time should be reduced to the lowest practical period and the manufacturers' recommendations considered. 2011. Guide for the Care and Use of Laboratory Animals. p66”

Storage conditions as well as dietary characteristics affect the shelf life of laboratory animal diets. Such non-dietary factors include, but may not be limited to, lighting, oxygen, temperature and moisture. Antioxidants and fat in diet formulations can also affect the overall shelf life.

During an emergency and/or disaster if needed the shelf life could be extended past the 150 days required in this PWS, at the discretion of the Government. Cereal grain LabDiet® products should be stored under conditions of <72ºF/21ºC and ≤50% relative humidity. The shelf life and storage conditions of TestDiet® products vary depending on the exact formulation; many contain high levels of dietary fat, sensitive compounds, and purified, unstable forms of vitamins. Consequently, the recommended shelf life of custom diets is generally 6 months from the date of manufacture. However, the shelf life is longer for certain diet formulations, and optimal storage conditions can extend the shelf life. Custom diets should be stored under conditions of <39ºF/4ºC and ≤50% relative humidity.

Other conditions:

In its order fulfillment process or procedure, the Vendor must accept orders via phone or by email.

The Vendor must notify the COR immediately if a particular research animal feed and bedding product and/or enrichment device is out of stock to allow for alternate replacement if available.

The Vendor must notify the COR immediately if a particular research animal feed and/or bedding product composition has changed. No substitutions are allowed by the Vendor without explicit permission from the Government at the time of ordering.

The Vendor must provide research animal feed with a milling date of no more than 150 days at time of delivery or indicate a specified milling date agreed by the Government at the time of ordering.

The Vendor must be able to provide feed analysis data for critical nutrients, date of feed manufacture, and other factors that affect the shelf-life of feed upon request by the Government. The shelf life of the feed and bedding delivered to the facility must not be less than 30 days.

The Vendor must transport and store bedding materials off the floor on pallets, racks, or carts, ideally covered to prevent dust and contamination, in a manner consistent with maintenance of quality and minimization of contamination in strict accordance with the Guide for the Care and Use of Laboratory Animals.

During the life of the contract, the Vendor shall notify the Contracting Officer Representative of any change in the address of the production facility and/or distributors warehouse. This notification shall also apply in the event the feed/bedding production is performed by a subcontractor.

Laboratory animal feed shall be delivered within 150 days of manufacture.

The Government reserves the right to perform inspections at the distributor’s and manufacturer’s production and/or warehouse facilities prior to contract award and during the contract to assure compliance with NIH Standards as listed above for lab animal feed production and or laboratory animal bedding production.

Each bag shall be marked with the name of the product, the name of the manufacturer, the net weight, the ingredients, date (month, day, and year) the manufacturing process was completed and the batch number under which it was processed. The manufacturing date shall be printed at the top and/or bottom of the bag so that the date is visible when the bags are stacked on pallets. Codes or coding will not be acceptable for any markings specified herein.

For the purpose of this contract feed/bedding that is described as autoclavable shall be packaged in bags that are oversized and aerated to withstand and allow the sterilization process to be conducted without adversely affecting the feed/bedding.

All deliveries shall be on a clean, commercially standard 48” x 40” (121.92cm x 101.6cm) pallet. Pallets will be inspected upon delivery and shall be clean and free of contaminants and damage. The total height of the pallet and goods shall not exceed 55” (139.7cm). In addition, each pallet shall be shrink-wrapped to assure safe and proper handling.

Unless otherwise specified, deliveries shall be made to the Building 49 Central Animal Facility Loading dock on Tuesday and Thursday by 11:30 AM (excluding Federal Holidays); if necessary alternative arrangements can be made with the Contracting Officer Representative (COR) only. Trucks arriving after the specified time may not be allowed to unload the lab animal diet or bedding. Supplies or services scheduled for delivery on a Federal Holiday shall be made the following workday. Satisfactory performance of this contract shall be deemed to occur upon delivery and acceptance by the Building 49, Central Animal Facility Managers or the duly authorized representative of the items described herein.

All deliverables required under this contract shall be packaged, marked and shipped in accordance with Government specifications. At a minimum, all deliverables shall be marked with the contract number and Contractor name. The Contractor shall guarantee that all required materials shall be delivered in immediate usable and acceptable condition.

(End of SOW)

ARTICLE C.2 SECURITY AND IDENTIFICATION

The Government will require the Contractor to submit the names, date of birth, and social security numbers of the proposed employees to the NIH Police in order to receive a security clearance. Approved employees will receive a picture NIH Contractor Identification Badge to be worn at all times while on the NIH campus. The Project Officer will provide the necessary assistance and guidance. Employees who leave the employ of this Contractor must return their Badge to the Project Officer. Social Security Numbers will be handled in strict confidence.

ARTICLE C.3 PERIOD OF PERFORMANCE

1. The base period of performance of this contract shall be from TBD through TBD.

2. If the government exercises its option(s) pursuant to ARTICLE I.4.this contract, the period of performance will be increased as listed below:

Option Year Number Option Period

ARTICLE C.4 NAICS CODE AND SIZE STANDARD

Note: The following information is to be used by the offeror in preparing its Representations and Certifications:

(1) The North American Industry Classification System (NAICS) code for this acquisition is 311119.

(2) The small business size standard is 500 employees.

ARTICLE C.5 TYPE OF CONTRACT AND NUMBER OF AWARD(S)

It is anticipated that only one award will be made from this solicitation that will be an Indefinite- Delivery/Indefinite-Quantity (IDIQ), Requirements type contract with Firm-Fixed Unit Prices contract with one (1) year base period of performance awarded with four (4) one-year option periods. The Government reserves the right to make a single award, multiple awards, or no award as a result of this solicitation.

SECTION D – PACKAGING AND MARKING

Each bag shall be marked with the name of the product, the name of the manufacturer, the net weight, the ingredients, date (month, day, and year) the manufacturing process was completed and the batch number under which it was processed. The manufacturing date shall be printed at the top and/or bottom of the bag so that the date is visible when the bags are stacked on pallets. Codes or coding will not be acceptable for any markings specified herein.

For the purpose of this contract feed/bedding that is described as autoclavable shall be packaged in bags that are oversized and aerated to withstand and allow the sterilization process to be conducted without adversely affecting the feed/bedding.

In addition, each pallet shall be shrink-wrapped to assure safe and proper handling.

All deliverables required under this contract shall be packaged, marked and shipped in accordance with Government specifications. At a minimum, all deliverables shall be marked with the contract number and Contractor name. The Contractor shall guarantee that all required materials shall be delivered in immediate usable and acceptable condition.

· Please see PWS for further detailed information regarding Packaging and Marking

SECTION E – INSPECTION AND ACCEPTANCE

The Contracting Officer or the duly authorized representative will perform inspection and acceptance of materials and services to be provided.

The Government reserves the right to perform inspections at the distributor’s and manufacturer’s production and/or warehouse facilities prior to contract award and during the contract to assure compliance with NIH Standards as listed above for lab animal feed production and or laboratory animal bedding production.

· Please see PWS for further detailed information regarding Inspection and Acceptance

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.

SECTION F – DELIVERIES OR PERFORMANCE

ARTICLE F.1 - DELIVERIES

Satisfactory performance of the final contract shall be deemed to occur upon performance of the work described on Page 4, in the Section B.3, under “Deliveries”, “Supplies List” and as Described in the (SOW) of this contract and upon delivery and acceptance by the Contracting Officer, or the duly authorized representative, of the following items in accordance with the stated delivery schedule.

The Vendor must transport and store bedding materials off the floor on pallets, racks, or carts, ideally covered to prevent dust and contamination, in a manner consistent with maintenance of quality and minimization of contamination in strict accordance with the Guide for the Care and Use of Laboratory Animals.

During the life of the contract, the Vendor shall notify the Contracting Officer Representative (COR) of any change in the address of the production facility and/or distributors warehouse. This notification shall also apply in the event the feed/bedding production is performed by a subcontractor.

Laboratory animal feed shall be delivered within 150 days of manufacture date or date of manufacture.

· Please see PWS for further detailed information regarding deliveries.

ARTICLE F.2 - PERFORMANCE

A. The period of performance of this contract shall be for a base period commencing from to be determined at time of award with options to extend for four (4) consecutive 12-month periods.

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:

ARTICLE F.3 POST AWARD EVALUATION OF CONTRACTOR PERFORMANCE

a. Contractor Performance Evaluations

Interim and final evaluations of contractor performance will be prepared on this contract in accordance with FAR 42.15. The final performance evaluation will be prepared at the time of completion of work. In addition to the final evaluation, interim evaluations 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 that have Internet capability may access evaluations through a secure Web site for review and comment at the following address:

https://www.cpars.gov/

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

Please notify the CO in writing (email: raineyml@od.nih.gov ) who the primary contact shall be within 30 days of award, exercise of any options, or changes.

ARTICLE F.4 – CLAUSES INCORPORATED BY REFERENCE, FAR 52.252-2 (FEB. 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.goc/comp/far/index.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSE:

52.242-15, Stop Work Order (Aug. 1989) 52.242-17, Government Delay of Work (Apr. 1984) 52.211-11, Liquidated Damages—Supplies, Services or Research and Development (Apr. 1984)

“(a) If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, or any extension, the Contractor shall, in place of actual damages, pay to the Government as fixed, agreed, and liquidated damages, for each calendar day of delay the sum of $TBD.”

SECTION G – CONTRACT ADMINISTRATION DATA

ARTICLE G.1 CONTRACTING OFFICER’S REPRESENTATIVE

The following Contracting Officer’s Representative (COR) and Alternate Contracting Officer’s Representative will represent the Government of the purpose of this contract:

Complete at time of award.

COR: To Be Specified Prior to Award Alternative COR: To Be Specified Prior to Award

The Contracting Officer’s Representative (COR) is responsible for: (1) monitoring the Contractor’s technical progress, including the surveillance and assessment of performance and recommending to the Contracting Officer changes in requirements; (2) interpreting the SOW and any other technical performance requirement; (3) performing technical evaluation as required; (4) performing technical inspections and acceptance required by this contract; and (5) assisting in the resolution of technical problems encountered during performance.

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

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 SOW or specification; (2) modify or extend the period of performance; (3) change the delivery schedule; or (4) otherwise change any terms and conditions of this contract.

The Government may unilaterally change the Project Officers/COR designation at any time.

ARTICLE G.2 HHSAR CLAUSE 352.242 – 70 KEY PERSONNEL (JAN 2006)

The key personnel specified in this contract are considered to be essential to work performance. At least 30 days prior to diverting any of the specified individuals to other programs or contracts (or as soon as possible, if an individual must be replaced, for example, as a result of leaving the employ of the Contractor), the Contractor shall notify the Contracting Officer and shall submit justification for the diversion or replacement request to permit evaluation by the Government of the impact on performance under this contract. The Government may modify the contract to add or delete key personnel at the request of the Contractor or Government.

(End of Clause) The Contractor shall have available under his direct employment and supervision the necessary trained personnel, organization, facilities and transportation to properly fulfill all services specified in this contract. Key personnel shall respond, report on-site, ready to complete applicable deliverable and tasks/duties, as stated previously in the PWS after receiving a request for service from the COR or his/her Alternate.

All work performed under this contract shall be accomplished by skilled specialists who have the training and experience to be able to perform all duties as outlined within the PWS. In jurisdictions that require licensing for the work being performed under this contract all contractor personnel that are involved in such work must be licensed by the federal, state, and/or local government.

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

ARTICLE G.3 FAR 52.216 – 21 REQUIREMENTS (APR 1984)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as 'estimated' or 'maximum' in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Delivery-Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after ___TBD____[insert date].

(End of clause)

Method of Ordering

a. Orders issued under this contract may be placed as follows:

[x] in writing [x] via telephone [ ] via facsimile (fax) [x] via electronic mail (email) [x] Oral orders will be confirmed in writing within 2 days of issuance.

[ ] Other Specify: ________________________________________.

b. The Contracting Officer is authorized to issue orders and provide written confirmation of oral orders, if applicable, under the contract.

ARTICLE G.4 INVOICE SUBMISSION/CONTRACT FINANCING REQUEST

1. Invoice Instruction for NIH Indefinite Delivery/Indefinite Quantity Contracts (IDIQ), NIH(RC)-1, are attached and made part of this contract. The invoice instructions and the following directions for the submission of invoices must be followed to meet the requirements of a “proper” invoice, pursuant to FAR 32.9.

2. Payment requests shall be submitted to the offices identified below. Do not submit supporting documentation (e.g., receipts, time sheets, vendor invoices, etc.) with your payment request unless specified elsewhere in the contract or requested by the Contracting Officer.

1. Monthly invoices shall be submitted as follows: To be considered a “proper” invoice in accordance with FAR 32.9, Prompt Payment, each invoice shall clearly identify the two contract numbers that appear on the face page of the contract as follows:

a. Contract No. (This is the 17 digit number that appears in Block 2 of the SF-1449)

Contract No. (This is the number that appears in the upper left hand corner of the awarded SF-1449) 13

b. An original to the following designated billing office:

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

c. One copy to the Project Officer/COR listed in ARTICLE C.8 PROJECT OFFICER/CONTRACTING OFFICER’S REPRESENTATIVE and the contracting office listed in Blocks 7a and 9 on the SF1449.

d. One copy of the invoice shall be submitted to the following approving official :

Mary Rainey Office of Acquisitions 6011 Executive Blvd, RM 529B Rockville, MD 20852 Email: raineyml@od.nih.gov

e. All invoices must list a phone number and contact person for the discussion of discrepancies.

f. Inquiries regarding payment of invoices should be directed to the designated billing office, (301) 496-6088.

0. In addition to the requirements specified in FAR 32.905 for a proper invoice, the Contractor shall include the following information on the face page of all payment requests:

0. Name of the Office of Acquisitions. The Office of Acquisitions for this contract is OD/OLAO/OA.

0. Central Point of Distribution. For the purposes of this contract, the Central Point of Distribution is Branch II.

0. 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.

0. 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.

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

0. 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.

0. PRISM/NBS Line Item Number and associated PRISM/NBS Line Item Period of Performance.

Inquiries regarding payment of invoices shall be directed to the designated billing office, (301) 496-6452/496-6088.

ARTICLE G.5 – GOVERNMENT FURNISHED PROPERTY

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

http://www.hhs.gov/hhsmanuals/logisticsmanual/Appendix Q_HHS Contracting Guide.pdf

ARTICLE G.6 – POST AWARD EVALUATION OF CONTRACTOR PERFORMANCE

a. Contractor Performance Evaluations

Interim and final evaluations of contractor performance will be prepared on this contract in accordance with FAR 42.15. The final performance evaluation will be prepared at the time of completion of work. In addition to the final evaluation, interim evaluation(s) will be prepared on to be determined before contract award.

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 Website for review and comment at the following address:

http://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 prior written approval of the Contracting Officer (CO).

ARTICLE H.2 – NEEDLE DISTRIBUTION

The contractor shall not use contract funds to carry out any program of distributing sterile needles or syringes for the hypodermic injection of any illegal drug.

ARTICLE H.3 – ACKNOWLEDGEMENT OF FEDERAL FUNDING

The contractor shall clearly state, when issuing statements, press releases, request 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 – OPTION PROVISION

Unless the Government exercises its option pursuant to the Option Clause set forth in ARTICLE I.4, the contract will consist only of the Base Period of the SOW as defined in Sections C and F of the contract. Pursuant to [FAR Clause 52.217-6, Option for Increased Quantity/FAR Clause 52.217-7, Option for Increased Quantity-Separately Priced Line Item/FAR Clause 52.217-8, Option to Extend Services/FAR Clause 52.217-9, Option to Extend the Term of the Contract] set forth in ARTICLE I.4. of this contract, the Government may, by unilateral contract modification, require the contractor to perform additional options set forth in the SOW and also defined in Sections C and F of the contract.