RFP_Clarifications-Other_Information-Reminders-Changes-Feb.27.2019.pdf

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National Institutes of Health, Patent-Legal Services
Solicitation number
NIH-OD-OLAO-OA-(PLS)-2019
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This pre-solicitation notice requests comments and questions from potential offerors for four indefinite delivery/indefinite quantity contracts to provide patent-related legal services to the National Institutes of Health and Centers for Disease Control and Prevention. Services will be required across four technology categories: biotechnology, chemistry, mechanical engineering, and software. The anticipated period of performance is a one-year base period plus nine one-year options. Firm-fixed price or time-and-materials task orders will be issued. Comments and questions are due by November 30, 2018, and must be submitted electronically to the points of contact listed. Up to nine contracts may be awarded for biotechnology, up to seven for chemistry, up to four for mechanical engineering, and up to two for software. The total combined ceiling for all categories over the ten-year ordering period is over $520 million.

RFP Clarifications & Other Information

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RFP Clarifications/Other Information/Reminders/Changes for RFP NIH-OD-OLAO-OA-(PLS)-2019

February 27, 2019

NOTICE:

1) Per page 50 of the RFP, all inquiries were due to our offices by January 16, 2019, in writing.

The Government is not responding to questions received via email or phone past the deadline posted in the RFP.

2) Proposals are due electronically on March 12, 2019 at 3:00 p.m. Eastern. It is the responsibility of each Offeror to access the eCPS prior to submitting a proposal.

• NIH’s Electronic Contract Proposal Submission: https://ecps.nih.gov/ o Offerors must “Register”, if you have not done so.

o Review the eCPS External Training Module under the “How to Submit” tab.

• A copy of an Offeror’s proposal shall also be sent to Mr. Louis Kuta at Louis.Kuta@nih.gov and Ms. Nora Rivera at nora.rivera@nih.gov .

• Recommended electronic document heading for your firm’s proposal should include the name of the technology category, technical or business proposal, RFP number, and firm’s name.

o Biotechnology Examples:

BIOTECH.TECHNICAL.RFP#NIHODOLAOOA(PLS)2019.Firm’sName BIOTECH.BUSINESS.RFP#NIHODOLAOOA(PLS)2019.Firm’sName o Chemistry Examples:

CHEM.TECHNICAL.RFP.NIHODOLAOOA(PLS)2019.Firm’sName CHEM.BUSINESS.RFP.NIHODOLAOOA(PLS)2019.Firm’sName o Mechanical Engineering Examples:

M.E.TECHNICAL.RFP.NIHODOLAOOA(PLS)2019.Firm’sName M.E.BUSINESS.RFP.NIHODOLAOOA(PLS)2019.Firm’sName o Software Examples:

SOFTWARE.TECHNICAL.RFP.NIHODOLAOOA(PLS)2019.Firm’sName SOFTWARE.BUSINESS.RFP.NIHODOLAOOA(PLS)2019.Firm’sName

CLARIFICATIONS: Small Business Subcontracting Plans clarification

1) Small businesses are not required to submit a small business subcontracting plan – FAR 52.219-9.

2) At this time, large businesses are not required to submit a Small Business Subcontracting with their initial proposal. Small Business Subcontracting Plan are required for all large businesses who are apparent successful offerors.

https://ecps.nih.gov/ mailto:Louis.Kuta@nih.gov mailto:nora.rivera@nih.gov

RFP Clarifications/Other Information/Reminders/Changes for RFP NIH-OD-OLAO-OA-(PLS)-2019

February 27, 2019

REVISIONS: Revisions to questions 23 and 97 of the Questions and Response amendment dated February 4, 2019:

23. Will the contractor’s vendors be considered “subcontractors,” subject to FAR 52.244-2 (Subcontracts) if the vendor’s fees to the contractor in support of the prime contract exceed the amounts set out in the FAR clause ($250,000 for fixed price agreements and any time & materials-type agreements)?

RESPONSE: Yes.

For example, a contractor may technically meet the elements of the cited FAR clause if they are using a payroll and benefits administration service (e.g. ADP) or a document management consultant/vendor to support the contractor’s efforts under the prime contract where the vendor’s costs will make up portion of the contractor’s loaded rates to NIH.

RESPONSE: Please refer to FAR 52.244-2 Subcontracts. It is the responsibility of the potential Offeror to determine whether the arrangement constitutes a subcontract under the award. The example is one that demonstrates a cost of doing normal business regardless of whether or not you have a contract with the federal government.

Note: It is unlawful for the Government to instruct contractors whom to subcontract to or to be involved in formulating any relationship between a prime and subcontractor.

97. What is the annual budget for these services?

RESPONSE: Below is the shared not-to-exceed/ordering ceiling for each year per category:

BIOTECHNOLOGY 2,019 2,020 2,021 2,022 2,023 2,024 2,025 2,026 2,027 2,028 Totals

Total Shared Order Ceiling 30,767,645 32,306,028 33,921,329 35,617,396 37,398,265 39,268,179 41,231,588 43,293,167 45,457,825 47,730,717 386,992,138

CHEMISTRY 2,019 2,020 2,021 2,022 2,023 2,024 2,025 2,026 2,027 2,028 Totals

Total Shared Order Ceiling 9,184,310 9,643,526 10,125,702 10,631,987 11,163,586 11,721,766 12,307,854 12,923,247 13,569,409 14,247,880 115,519,266

MECHANICAL

ENGINEERING 2,019 2,020 2,021 2,022 2,023 2,024 2,025 2,026 2,027 2,028 Totals

Total Shared Order Ceiling 1,419,788 1,490,778 1,565,317 1,643,582 1,725,762 1,812,050 1,902,652 1,997,785 2,097,674 2,202,558 17,857,945

SOFTWARE 2,019 2,020 2,021 2,022 2,023 2,024 2,025 2,026 2,027 2,028 Totals

Total Shared Order Ceiling 1,419,788 1,490,778 1,565,317 1,643,582 1,725,762 1,812,050 1,902,652 1,997,785 2,097,674 2,202,558 17,857,945

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