Solicitation_No_NIHOF2017141_C104312_02MAY17.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

ADM-ORF

9000 Rockville Pike Building 13, Room 2E-47 OD - Office of Research Facilities National Institutes of Health

CODE 16. ADMINISTERED BYCODE

X

X

X

811219

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORIO-ORF

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

06/01/2017 1400 ET

05/02/2017

+1 919 541 7804CHYNICE CHAPMAN

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

NIHOF2017141

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 80 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

Bethesda, MD 20892-5711

TELEPHONE NO.

17a. CONTRACTOR/

Durham NC 27709

MSC 102-01

Building 102, Suite 158C 111 T.W. Alexander Drive Chynice Chapman

15. DELIVER TO

Bethesda, MD 20892-5711 9000 Rockville Pike Building 13, Room 2E-47 OD - Office of Research Facilities

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$20.50

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

National Institutes of Health

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

C104312 Sterilizers, Washers, and Bedding Dispensers Maintenance and Repairs

PO Ron McMillan Period of Performance: 07/24/2017 to 06/23/2022

1 Line Item No 0001 - C104312 Sterilizers, Washers, and Bedding Dispensers Maintenance and Repairs - Base Year - PO Ron McMillan Product/Service Code: J066 Continued ...

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

CHYNICE A. CHAPMAN

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Product/Service Description: MAINT/REPAIR/REBUILD

OF EQUIPMENT- INSTRUMENTS AND LABORATORY EQUIPMENT

Period of Performance: 07/24/2017 to 06/23/2018

2 Line Item No 0002 - C104312 Sterilizers, Washers, and Bedding Dispensers Maintenance and Repairs -

Option Year 1- PO Ron McMillan

(Option Line Item)

Product/Service Code: J066

Product/Service Description: MAINT/REPAIR/REBUILD

OF EQUIPMENT- INSTRUMENTS AND LABORATORY EQUIPMENT

Period of Performance: 07/24/2018 to 06/23/2019

3 Line Item No 0003 - C104312 Sterilizers, Washers, and Bedding Dispensers Maintenance and Repairs -

Option Year 2 - PO Ron McMillan

(Option Line Item)

Product/Service Code: J066

Product/Service Description: MAINT/REPAIR/REBUILD

OF EQUIPMENT- INSTRUMENTS AND LABORATORY EQUIPMENT

Period of Performance: 07/24/2019 to 06/23/2020

4 Line Item No 0004 - C104312 Sterilizers, Washers, and Bedding Dispensers Maintenance and Repairs -

Option Year 3 - PO Ron McMillan

(Option Line Item)

Product/Service Code: J066

Product/Service Description: MAINT/REPAIR/REBUILD

OF EQUIPMENT- INSTRUMENTS AND LABORATORY EQUIPMENT

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

80 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 80

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

NIHOF2017141

Period of Performance: 07/24/2020 to 06/23/2021

5 Line Item No 0005 - C104312 Sterilizers, Washers, and Bedding Dispensers Maintenance and Repairs -

Option Year 4 - PO Ron McMillan

(Option Line Item)

Product/Service Code: J066

Product/Service Description: MAINT/REPAIR/REBUILD

OF EQUIPMENT- INSTRUMENTS AND LABORATORY EQUIPMENT

Period of Performance: 07/24/2021 to 06/23/2022

CS Chynice Chapman

PO Ron McMillan

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

- 1 -

SOLICITATION

SECTION A - SOLICITATION/CONTRACT FORM

1. Requisition or other Purchase Authority:

2. Request for Proposal (RFP) Number:

NIHOF2017141

3. Issue Date:

05/02/2017

4. Set Aside:

[ ] No

[X] Yes See Part IV Section L

5. Title : C104312 Sterilizers, Washers, and Bedding Dispensers Maintenance & Repairs

6. ISSUED BY:

Office of Acquisitions (OA) Office of Research Facilities (ORF) National Institutes of Health (NIH) 111 T.W. Alexander Drive Building 102, Suite 158C

MSC 102-01

Durham, North Carolina 27709-0002

7. SUBMIT OFFERS TO:

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

8. Proposals for furnishing the supplies and/or services in THE SCHEDULE will be received at the place specified in, and in the number of copies specified in Attachment 1, "Packaging and Delivery of the Proposal," until 2 p.m.

local time on June 1, 2017. Offers will be valid for 120 days unless a different period is specified by the offeror on the Attachment entitled, "Proposal Summary and Data Record, NIH 2043.

9. This solicitation requires delivery of proposals as stated in ATTACHMENT 1, "PACKAGING AND DELIVERY OF THE PROPOSAL." If proposals are required to be delivered to two different locations, the OFFICIAL POINT OF RECEIPT for determining TIMELY DELIVERY is the address provided for the OFFICE OF ACQUISITIONS.

IF YOUR PROPOSAL IS NOT RECEIVED BY THE CONTRACTING OFFICER OR HIS DESIGNEE AT THE PLACE AND TIME SPECIFIED FOR THE OFFICE OF ACQUISITIONS, THEN IT WILL BE CONSIDERED LATE AND HANDLED IN ACCORDANCE WITH HHSAR Clause 352.215-70, "Late Proposals and Revisions"

LOCATED IN SECTION L.1. OF THIS SOLICITATION.

10. Offeror must be registered in the System for Award Management (SAM) prior to award of a contract. Offerors must access the CCR through The System for Award Management (SAM) at http://www.sam.gov

11. FOR INFORMATION CALL: Chynice Chapman

PHONE: 919-541-7804

e-MAIL: Chynice.Chapman@nih.gov

COLLECT CALLS WILL NOT BE ACCEPTED.

National Institutes of Health (NIH) Chynice Chapman Senior Contracting Officer Office of Acquisitions RTP, North Carolina http://www.sam.gov

RFP Number : NIHOF2017141

- 2 -

RFP TABLE OF CONTENTS

PART I - THE SCHEDULE

SECTION A - SOLICITATION/CONTRACT FORM

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

SECTION C - PERFORMANCE WORK STATEMENT

SECTION D - PACKAGING, MARKING AND SHIPPING

SECTION E - INSPECTION AND ACCEPTANCE

SECTION F - DELIVERIES OR PERFORMANCE

SECTION G - CONTRACT ADMINISTRATION DATA

SECTION H - SPECIAL CONTRACT REQUIREMENTS

PART II - CONTRACT CLAUSES

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS

SOLICITATION ATTACHMENTS

TECHNICAL PROPOSAL ATTACHMENTS

BUSINESS PROPOSAL ATTACHMENTS

INFORMATIONAL ATTACHMENTS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

1. GENERAL INFORMATION

a. INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION

b. NOTICE OF SMALL BUSINESS SET-ASIDE

c. NAICS CODE AND SIZE STANDARD

d. TYPE OF CONTRACT AND NUMBER OF AWARDS

e. PERFORMANCE BASED ACQUISITION

f. PRE-PROPOSAL CONFERENCE

g. COMMITMENT OF PUBLIC FUNDS

h. COMMUNICATIONS PRIOR TO CONTRACT AWARD

i. RELEASE OF INFORMATION

j. PREPARATION COSTS

k. SERVICE OF PROTEST

2. INSTRUCTIONS TO OFFERORS

a. GENERAL INSTRUCTIONS

1. Contract Type and General Clauses

2. Authorized Official and Submission of Proposal

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

4. Separation of Technical and Business Proposals

5. Alternate Proposals

6. Evaluation of Proposals

7. Potential Award Without Discussions

8. Use of the Metric System of Measurement

9. Standards for Privacy of Individually Identifiable Health Information

- 3 -

10. Privacy Act - Treatment of Proposal Information

11. Selection of Offerors

12. Past Performance Information

13. Solicitation Provisions Incorporated by Reference

b. TECHNICAL PROPOSAL INSTRUCTIONS

1. Technical Discussions

2. Other Considerations

3. Technical Evaluation

c. BUSINESS PROPOSAL INSTRUCTIONS

1. Basic Cost/Price Information

2. Information Other than Cost or Pricing Data

3. Requirements for Cost or Pricing Data or Information Other than Cost and Pricing Data

4. Multi-year Contract

5. HUBZone Small Business Concerns

6. Other Administrative Data

7. Qualifications of the Offeror

8. Subcontractors

9. Proposer's Annual Financial Report

10. Travel Costs/Travel Policy

SECTION M - EVALUATION FACTORS FOR AWARD

1. GENERAL

2. COST/PRICE EVALUATION

3. MULTI-YEAR CONTRACT

4. EVALUATION OF OPTIONS

5. TECHNICAL EVALUATION FACTORS

6. PAST PERFORMANCE FACTOR

- 4 -

PART I - THE SCHEDULE

THE INFORMATION SET FORTH IN SECTION A - SOLICITATION/CONTRACT FORM, HEREIN CONTAINS IMPORTANT INFORMATION FOR ANY OFFEROR INTERESTED IN RESPONDING TO THIS SOLICITATION.

ANY CONTRACT RESULTING FROM THIS SOLICITATION WILL INCLUDE IN ITS SECTION A - SOLICITATION/ CONTRACT FORM, ACCOUNTING, APPROPRIATION AND GENERAL INFORMATION APPLICABLE TO THE

CONTRACT AWARD.

THE CONTRACT SCHEDULE SET FORTH IN SECTIONS B THROUGH H, HEREIN, CONTAINS CONTRACTUAL INFORMATION PERTINENT TO THIS SOLICITATION. IT IS NOT AN EXACT REPRESENTATION OF THE CONTRACT DOCUMENT THAT WILL BE AWARDED AS A RESULT OF THIS SOLICITATION. THE CONTRACT COST OR PRICE AND OTHER CONTRACTUAL PROVISIONS PERTINENT TO THE OFFEROR (i.e., those relating to the organizational structure [e.g., Non-Profit, Commercial] and specific cost authorizations unique to the Offeror's proposal and requiring Contracting Officer Prior Approval) WILL BE DISCUSSED IN THE NEGOTIATION PROCESS AND WILL BE INCLUDED IN THE RESULTANT CONTRACT. THE ENCLOSED CONTRACT SCHEDULE IS

INTENDED TO PROVIDE THE OFFEROR WITH THE NECESSARY INFORMATION TO UNDERSTAND THE

TERMS AND CONDITIONS OF THE RESULTANT CONTRACT.

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

ARTICLE B.1. BRIEF DESCRIPTION OF SUPPLIES OR SERVICES

C104312 Sterilizers, Washers, & Bedding Dispensers Maintenance and Repairs

The purpose of this contract is to provide continued Sterilizers, Washers, and Bedding Dispensers Maintenance and Repair services at the National Institutes of Environmental Health Sciences (NIEHS) in RTP, NC.

ARTICLE B.2. ADVANCE UNDERSTANDINGS

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

- 5 -

SECTION C - PERFORMANCE WORK STATEMENT

ARTICLE C.1. PERFORMANCE WORK STATEMENT (PWS)

PERFORMANCE WORK STATEMENT

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 Performance Work Statement (PWS), dated March 6, 2017, attached hereto and made a part of this Solicitation (See SECTION J - List of Attachments).

All reports required herein shall be submitted in electronic format. In addition, one hardcopy of each report shall be submitted to the Contracting Officer.

All electronic reports submitted shall be compliant with Section 508 of the Rehabilitation Act of 1973. Additional information about testing documents for Section 508 compliance, including guidance and specific checklists, by application, can be found at: http://www.hhs.gov/web/508/index.html under "Making Files Accessible."

All paper/hardcopy documents/reports submitted under this contract shall be printed or copied, double-sided, on at least 30 percent post consumer fiber paper, whenever practicable, in accordance with FAR 4.302(b).

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

- 6 -

SECTION D - PACKAGING, MARKING AND SHIPPING

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

- 7 -

SECTION E - INSPECTION AND ACCEPTANCE

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

b. For the purpose of this SECTION, is the authorized representative of the Contracting Officer.

c. Inspection and acceptance will be performed at:

National Institute of Environmental Health Sciences (NIEHS) Research Triangle Park (RTP) Durham, North Carolina (NC)

The Government reserves the right to an Inspection period of 10calendar days, unless a different time period is stated when (the Record of Call/elsewhere in the contract). The receiving report, completed and signed by the appropriate official, constitutes acceptance and shall be acknowledged to the payment office (OFM).

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

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

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

- 8 -

SECTION F - DELIVERIES OR PERFORMANCE

ARTICLE F.1. PERIOD OF PERFORMANCE

The base period of performance of this contract shall be from July 2017 through June 2018.

ARTICLE F.2. PERIOD OF PERFORMANCE

a. The base plus four option years period of performance of this contract shall be from July 2017 through June 2022.

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 for each option period as listed below:

Option Option Period

One

July 2018 - June 2019

Two

July 2019 - June 2020

Three

July 2020 - June 2021

Four

July 2021 - June 2022

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

1998)

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSE:

52.242-15, Stop Work Order (August 1989)

Alternate I (April 1984) is not applicable to this contract.

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

52.211-11, Liquidated Damages--Supplies, Services or Research and Development (September 2000).

"(a) If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall, in place of actual damages, pay to the Government liquidated damages of $344 per calendar day of delay."

https://www.acquisition.gov/?q=browsefar

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SECTION G - CONTRACT ADMINISTRATION DATA

ARTICLE G.1. CONTRACTING OFFICER'S REPRESENTATIVE (COR)

The following Contracting Officer's Representative (COR) will represent the Government for the purpose of this contract:

To be specified prior to award.

The 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 statement of work and any other technical performance requirements; (3) performing technical evaluation as required; (4) performing technical inspections and acceptances required by this contract; and (5) assisting in the resolution of technical problems encountered during performance.

The Contracting Officer is the only person with authority to act as agent of the Government under this contract. Only the Contracting Officer has authority to: (1) direct or negotiate any changes in the statement of work; (2) modify or extend the period of performance; (3) change the delivery schedule; (4) authorize reimbursement to the Contractor for any costs incurred during the performance of this contract; (5) otherwise change any terms and conditions of this contract; or (6) sign written licensing agreements. Any signed agreement shall be incorporated by reference in Section K of the contract

The Government may unilaterally change its COR designation.

ARTICLE G.2. KEY PERSONNEL, HHSAR 352.237-75 (December 2015)

The key personnel specified in this contract are considered to be essential to work performance. At least 30 days prior to the contractor voluntarily diverting any of the specified individuals to other programs or contracts the Contractor shall notify the Contracting Officer and shall submit a justification for the diversion or replacement and a request to replace the individual. The request must identify the proposed replacement and provide an explanation of how the replacement's skills, experience, and credentials meet or exceed the requirements of the contract (including, when applicable, Human Subjects Testing requirements). If the employee of the contractor is terminated for cause or separates from the contractor voluntarily with less than thirty days notice, the Contractor shall provide the maximum notice practicable under the circumstances. The Contractor shall not divert, replace, or announce any such change to key personnel without the written consent of the Contracting Officer. The contract will be modified to add or delete key personnel as necessary to reflect the agreement of the parties.

(End of Clause)

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

Name Title

ARTICLE G.3. INVOICE SUBMISSION

E-mail: chynice.chapman@nih.gov

The Contractor shall submit an electronic copy of the payment request to the approving official instead of a paper copy. The payment request shall be transmitted as an attachment via e-mail to

- 10 -the address listed above in one of the following formats: MSWord, MS Excel, or Adobe Portable Document Format (PDF). Only one payment request shall be submitted per e-mail and the subject line of the e-mail shall include the Contractor's name, contract number, and unique invoice number.

[Note: The original payment request must still be submitted in hard copy and mailed to the designated billing office to meet the requirements of a "proper invoice."]

1. 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.

a. The original invoice shall be submitted 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

b. One copy shall be sent via e-mail as set forth below:

i. Please scan your invoice along with the necessary backup documentation (not to exceed 30MB) as one single attachment.

ii. Save your invoice attachment in the following format: YourVendorName_Invoice number (e.g., if your Vendor name is AE Construction Inc. and you are submitting Invoice 123456, Save your invoice attachment as 'AE Construction, Invoice 123456') Note: Please do not use special characters such as (#,$%*&!) when saving your attachment.

iii. Send an email with your invoice attached (invoice and all supporting backup as one attachment) to our invoice processing email distribution mailbox:

ORFOAInvoice3Way@mail.nih.gov . In the subject line of your email, please use the same format 'YourVendorName, Invoice number'. (e.g., AE Construction, Invoice 12345)

iv. You will receive an automated email reply confirming that our Invoice processing received your invoice for processing. If you do not receive an email notification within 24 hours, it indicates that we did not receive your invoice for processing. In which case double check

(1) that your email contained the scanned attachment of your invoice and that (2) you sent it to our inbox at ORFOAInvoice3Way@mail.nih.gov . Only resend an invoice if you have not received an email confirmation within 24 hours. If you have any questions or concerns please call the Intake Center at 301-402-0878.

2. 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:

a. Name of the Office of Acquisitions. The Office of Acquisitions for this contract is Office of the Director/Office of Research Facilities (OA/ORF) .

b. 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.

- 11 -

c. 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.

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

e. 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.

f. The Contract Title is:

C104312 Sterilizers, Washers, and Bedding Dispensers Maintenance and Repairs

g. Contract Line Items as follows:

Line Item # Line Item Description

This section was left blank, intentionally.

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

ARTICLE G.4. PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS

SUBCONTRACTORS, FAR 52.232-40 (December 2013)

a. Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.

b. The acceleration of payments under this clause does not provide any new rights under the prompt Payment Act.

c. Include the substance of this clause, include this paragraph c, in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.

(End of Clause)

ARTICLE G.5. GOVERNMENT PROPERTY

If this RFP will result in the acquisition or use of Government Property provided by the contracting agency or if the Contracting Officer authorizes in the preaward negotiation process, the acquisition of property (other than real property), this ARTICLE will include applicable provisions and incorporate the HHS Publication, entitled, "HHS Contracting Guide for Contract of Government Property," which can be found at: http://oamp.od.nih.gov/sites/default/ files/appendix_q_hhs_contracting_guide.pdf.

http://oamp.od.nih.gov/sites/default/files/appendix_q_hhs_contracting_guide.pdf http://oamp.od.nih.gov/sites/default/files/appendix_q_hhs_contracting_guide.pdf

- 12 -

ARTICLE G.6. ON-SITE CONTRACTOR ACCESS TO GOVERNMENT PROPERTY

The Contractor shall be held responsible for Government Property, regardless of dollar value, when:

• The contract requires contractor personnel to be located on a Government site or installation;

• The property utilized by contractor personnel is incidental to the place of performance; and,

• The property used by the contractor remains accountable to the Government

Responsibility includes physical presence, proper use and handling, normal maintenance, and reporting loss, damage or destruction.

Responsibility for government property shared by two or more contractors or located in space shared by two or more contractors, shall be determined and documented by the contractors involved. In cases where the parties cannot reach agreement on shared responsibility, the matter will be referred to the NIH Property Officer for resolution.

ARTICLE G.7. POST AWARD EVALUATION OF CONTRACTOR PERFORMANCE

a. Contractor Performance Evaluations

Interim and Final evaluations of Contractor performance will be prepared on this contract in accordance with FAR Subpart 42.15. The Final performance evaluation will be prepared at the time of completion of work. In addition to the Final evaluation, Interim evaluation(s) will be prepared Annually as follows on July 15th.

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

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

b. Electronic Access to Contractor Performance Evaluations

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

http://www.cpars.gov http://www.cpars.gov

- 13 -

SECTION H - SPECIAL CONTRACT REQUIREMENTS

ARTICLE H.1. NEEDLE EXCHANGE, HHSAR 352.270-12 (December 2015)

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

(End of clause)

ARTICLE H.2. ACKNOWLEDGEMENT OF FEDERAL FUNDING

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

ARTICLE H.3. LIMITATION ON USE OF FUNDS FOR PROMOTION OF LEGALIZATION OF

CONTROLLED SUBSTANCES

The Contractor shall not use contract funds to support activities that promote the legalization of any drug or other substance included in schedule I of the schedules of controlled substances established under section 202 of the Controlled Substances Act, except for normal and recognized executive-congressional communications. This limitation shall not apply when the Government determines that there is significant medical evidence of a therapeutic advantage to the use of such drug or other substance or that federally sponsored clinical trials are being conducted to determine therapeutic advantage.

ARTICLE H.4. DISSEMINATION OF FALSE OR DELIBERATELY MISLEADING INFORMATION

The Contractor shall not use contract funds to disseminate information that is deliberately false or misleading.

ARTICLE H.5. PRIVACY ACT, HHSAR 352.224-70 (December 2015)

This contract requires the Contractor to perform one or more of the following: (a) Design; (b) develop; or (c) operate a Federal agency system of records to accomplish an agency function in accordance with the Privacy Act of 1974 (Act) (5 U.S.C. 552a(m)(1)) and applicable agency regulations. The term "system of records" means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. Violations of the Act by the Contractor and/or its employees may result in the imposition of criminal penalties (5 U.S.C. 552a(i)). The Contractor shall ensure that each of its employees knows the prescribed rules of conduct in CFR 45 part 5b and that each employee is aware that he/she is subject to criminal penalties for violation of the Act to the same extent as Department of Health and Human Services employees. These provisions also apply to all subcontracts the Contractor awards under this contract which require the design, development or operation of the designated system(s) of records [5 U.S.C. 552a(m)(1)]. The contract work statement: (a) identifies the system(s) of records and the design, development, or operation work the Contractor is to perform; and (b) specifies the disposition to be made of such records upon completion of contract performance.

(End of clause)

45 CFR Part 5b contains additional information which includes the rules of conduct and other Privacy Act requirements and can be found at: http://www.access.gpo.gov/nara/cfr/waisidx_06/45cfr5b_06.html.

http://www.access.gpo.gov/nara/cfr/waisidx_06/45cfr5b_06.html

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The Privacy Act System of Records applicable to this project is Number TBD. This document is incorporated into this contract as an Attachment in SECTION J of this contract. This document is also available at: http://oma.od.nih.gov/ public/MS/privacy/PAfiles/read02systems.htm.

ARTICLE H.6. REPORTING MATTERS INVOLVING FRAUD, WASTE AND ABUSE

Anyone who becomes aware of the existence or apparent existence of fraud, waste and abuse in NIH funded programs is encouraged to report such matters to the HHS Inspector General's Office in writing or on the Inspector General's Hotline. The toll free number is 1-800-HHS-TIPS (1-800-447-8477). All telephone calls will be handled confidentially. The website to file a complaint on-line is: http://oig.hhs.gov/fraud/hotline/ and the mailing address is:

US Department of Health and Human Services Office of Inspector General

ATTN: OIG HOTLINE OPERATIONS

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

ARTICLE H.7. INSURANCE

a. The Contractor shall, at his own expense, procure and maintain, during the entire performance period of this contract, insurance of at least the kinds and amounts set forth below:

1. Worker's Compensation and Employer's Liability

Contractors are required to comply with applicable Federal and State worker's compensation and occupational disease statutes. Employer's liability coverage of at least $100,000 shall be required except in states with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

2. General Liability

Contractors are required to have bodily injury liability insurance coverage written on the comprehensive form of policy of at least $2,000,000 per occurrence.

3. Automobile Liability

The Contractor is required to have automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

b. At all times during performance, the Contractor shall maintain with the Contracting Officer a current Certificate of Insurance showing at least the insurance required by the Schedule, and providing for thirty (30) days written notice to the Contracting Officer by the insurance company prior to cancellation or material change in policy coverage.

c. The Contractor shall also require all first-tier subcontractors who will perform work on a Government installation to procure and maintain the insurance required by the Schedule during the entire period of their performance.

The Contractor shall furnish (or assure that there has been furnished) to the Contracting Officer a current Certificate of Insurance meeting the requirements of 1. above for each such first-tier subcontractors, at least five

(5) days prior to entry of each subcontractor's personnel on the Government installation.

http://oma.od.nih.gov/public/MS/privacy/PAfiles/read02systems.htm http://oma.od.nih.gov/public/MS/privacy/PAfiles/read02systems.htm http://oig.hhs.gov/fraud/hotline/

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d. Current certificates of insurance shall be furnished by the Contractor and first tier subcontractor(s) to the Contracting Officer before starting work under the contract.

ARTICLE H.8. HEALTH AND SAFETY PLAN

The contractor is responsible for safety at the construction or work site. The contractor is also responsible for preparation of a safety plan and for carrying out the safety plan. The contractor staff shall maintain conformance to the health and safety plan throughout the course of construction.

Contractor inspectors shall consider safety a key element of their daily inspections.

The contractor is required to cooperate with officials of other agencies (Federal and/or state) who are vested with authority to enforce requirements of the Occupational Safety and Health Act. If required, the contractor will assist the Government in preparing accident and fire reports.

The resultant contract will require the contractor to comply with the following NIH Health and Safety Requirements.

ARTICLE H.8.1. CONTRACTOR REQUIREMENTS

a. The work to be performed under this contract is subject to the requirements of this Contractor Health and Safety Requirements Section.

b. The contractor shall comply with applicable Occupational Safety and Health Administration (OSHA) Regulations and the US Army Corps of Engineers Safety and Health Manual 385-1-1 (EM 385-1-1).

c. Each contract employee is responsible for complying with applicable safety and occupational health requirements, wearing prescribed safety and health equipment, reporting unsafe conditions/activities, and avoiding actions and conditions that may result in an accident.

d. The contractor will not begin work authorized under this contract, except for authorized preliminary activities (i.e. mobilization), without first submitting for review each deliverable specified in this Contractor Health and Safety Requirements Section. Copies of each deliverable must be provided to the NIH Contracting Officer Representative (COR) and HSB Safety Officer ( om-hsb@niehs.nih.gov).

e. Prior to Notice to Proceed, but no later than 14-working days before the project start date, the contractor's Project Manager and NIH COR shall meet to review and discuss the safety requirements of this contract. The contractor's Project Manager is responsible for coordinating the meeting arrangement.

f. The contractor and all subcontractors must have a confined space program on file and demonstrate that this program meets OSHA requirements. The contractor and all subcontractors must assure safe access for all employees as well as on-site OSHA confined space audits.

ARTICLE H.8.2. WAIVER FROM NIH IMPOSED CONTRACTOR HEALTH AND SAFETY

REQUIREMENTS

a. The contractor may request a waiver from the requirements contained in the Contractor Health and Safety Requirements section. The waiver does not release the contractor, subcontractor, or any party associated with this contract from federal, state, and local health and safety requirements.

b. The following must be addressed used when requesting a waiver or a variance:

mailto:safety@nih.gov

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1. The request must state the specific Contractor Health and Safety Requirement to be waived. State the period of time the requested waiver will cover.

2. Details as to why it is not possible or practical to comply with the requirement.

3. The request must explain the impact on the contractor operations and services if this waiver is not approved.

4. Statement as to whether a waiver (total elimination of the requirement) or a variance (retaining the basic requirement, but doing it differently) is being sought;

5. Explanation of the method the Contractor suggests to use in lieu of the existing requirement and how it provides protection equal to or greater than the requirement under waiver review. The burden of proof rests with the requesting contractor.

6. The waiver request must be submitted to the NIH Contracting Officer Representative (COR) and Health and Safety Branch (HSB) Safety Officer ( om-hsb@niehs.nih.gov) at least 14-working days prior to commencement of work.

ARTICLE H.8.3. NIH REQUIRED SAFETY TRAINING MANDATE

a. As a minimum all contractor and subcontractor personnel working at NIH shall be certified as having successfully completed the OSHA 10-hour General Industry Outreach class or OSHA 10-hour Construction Industry Outreach class. The OSHA 30-hour course can be substituted for the 10-hour course.

b. Proof of completion may be demonstrated through either: 1) the presentation of a bona fide student course completion card issued by the federal OSHA Training Institute; 2) or the presentation of documentation provided to an employee by a trainer certified by the Institute pending the actual issuance of the completion card.

c. Any card with an issuance date more than three (3) years shall not constitute proof of compliance with this requirement.

d. Any employee required to complete the safety and health course required under this section who has not completed the course shall be subject to removal from the worksite if the employee does not provide documentation of having completed such course by the fifteenth day after the date the employee is found to be in noncompliance.

ARTICLE H.8.4. CONTRACTOR SUPERVISOR ORIENTATION

a. Prior to commencing work, ensure that all contractor and subcontractor site supervisors at any tier have completed the NIH Contractor Supervisor Orientation. The time expended and any associated costs to attend the orientation (such as travel time, parking, and other expenses) are to be borne by the contractor.

b. It is the responsibility of the contractor and subcontractor to contact the HSB Safety Officer to register each supervisor for orientation. Class registration should be scheduled at least 14-working days prior to the project start date, or the date that the supervisor is assigned to NIH.

Contact the HSB Safety Officer ( om-hsb@niehs.nih.gov) or by phone (919) 541-3384 for the orientation schedule.

ARTICLE H.8.5. DELIVERABLES

a. All deliverables required under this Contractor Safety and Health Section must be provided to the NIH Contracting Officer Representative (COR) and HSB Safety Officer ( om-hsb@niehs.nih.gov). All deliverables mailto:safety@nih.gov mailto:om-hsb@niehs.nih.gov

- 17 -shall be submitted at least 14-working days prior to the commencement of work activities. The deliverables must be in either MS Word or Adobe Acrobat format.

b. Acceptance of a deliverable by the NIH indicates only that the Government has received the item. Acceptance of a deliverable does not waive or lessen any contract requirements or the contractor's obligation to meet all contract requirements and correct any later discovered deficiencies.

c. Delays caused by failure to timely submit the required documentation shall not be considered a reason for extension of contract time or increase in costs to the Government.

d. SITE SPECIFIC ACCIDENT PREVENTION PLAN

The contractor shall submit for NIH's review and comment, a Site Specific Accident Prevention Plan. Contents of the Contractor's Site Specific Accident Prevention Plan will be in accordance with Appendix A, EM 3985-1-1.

Note: For LIMITED-SCOPE SERVICE, SUPPLY AND R&D CONTRACTS, (e.g. painting, janitorial service), the ORF Safety Officer may allow an Abbreviated Accident Prevention Plan and waive the more stringent elements of the comprehensive plan. The contractor must make a written request to the ORF Safety Officer (safety@nih.gov) and provide copy to the NIH COR.

e. CONTRACTOR EMPLOYEE SAFETY TRAINING DOCUMENTATION

1. The contractor shall submit a resume identifying the experience and qualifications for the proposed Contractor Safety and Health Officer(s). The NIH COR may reject anyone he/she deems "Not Qualified".

2. The contractor shall submit copies of each employee's OSHA 10-hour General Industry Outreach class or OSHA 10-hour Construction Industry Outreach class certification.

ARTICLE H.8.6. CONTRACTOR FULLY RESPONSIBLE FOR SITE SAFETY

a. The contractor assumes full and sole responsibility for and shall comply with all laws, regulations, ordinances, and governmental orders pertaining to employee worksite safety in the performance of this contract. The contractor shall be responsible for employing appropriate safety measures and taking all other actions reasonably necessary to protect the life, health, and safety of the public and to protect adjacent and NIH-owned property in connection with the performance of the scope of work.

b. The contractor shall be solely and completely responsible for the safety of all workers, NIH employees, public and NIH property in performance of the scope of work. This requirement shall apply at all times while work is being performed under this contract, and is not limited to only normal working hours. Nothing the NIH may do, or fail to do, with respect to safety in the performance of the scope of work shall relieve contractor of this responsibility.

ARTICLE H.8.7. SELECTION OF CONTRACTOR SITE SAFETY AND HEALTH OFFICER

a. When the number of personnel on any shift is under 40 (including subcontractor employees), the contractor's safety representative will meet the definition of "Collateral Duty Safety Officer" as defined herein for each shift.

b. For contractors with a total of 40 or more personnel (including subcontractor employees) on any shift, a Full-time Safety Professional as defined above shall be required for each shift.

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c. At the NIH Contracting Officer Representative's (COR's) discretion, the requirements for the contractor Site Safety and Health Officer can be reviewed and action taken to decrease or increase the number of Officers onsite. However, the need for a Site Safety and Health Officer is required and will not be waived.

ARTICLE H.8.8. CONTRACTOR SITE SAFETY AND HEALTH OFFICER RESPONSIBILITIES

a. The responsibility for safety lies with the contractor. Each contractor shall appoint an individual(s) responsible for safety on each contract. This individual(s) must be employed in a supervisory position, empowered by their employer to take corrective action; be present on the project while work is being performed; and, spend the amount of time necessary to ensure the contractor's compliance with safety requirements.

b. The Contractor Site Safety and Health Officer shall be primarily responsible for ensuring contractor's compliance with the safety requirements including but not limited to those provided in this Section. Without limiting the generality of the foregoing, the Contractor Site Safety and Health Officer shall:

1. Review all subcontractor and sub-tier contractor's Site Specific Accident Prevention Plan and Activity Hazard Analysis for compliance with applicable safety standards.

2. Perform or ensure that all contractor, subcontractors and sub-tier contractors' employees have received a site specific safety orientation prior to beginning work. Training will include discussion of the site specific Activity Hazards Analysis reports. This site specific orientation is in addition to the NIH's Contractor Supervisor Orientation course.

3. Perform and document worksite inspections, assess and immediately correct any substandard safety conditions or practices, including those of any subcontractor. The contractor shall specifically respond in writing to any substandard safety conditions or practices identified by the NIH. Inspection records shall be maintained at the project site and be made available upon request by the NIH Contracting Officer Representative (COR) or HSB Safety Officer.

4. Immediately report all injuries to personnel, vehicle accidents, near miss incidents and property damage.

Undertake a complete investigation of all accidents, injuries, illnesses and implement corrective action to prevent a recurrence. Provide written findings within 24-hours to both the NIH COR and HSB Safety Officer ( om-hsb@niehs.nih.gov).

5. Ensure appropriate safety meetings are held for all onsite employees, to include subcontractors. Safety meetings shall be conducted to review past activities, plan for new or changed operations, review pertinent aspects of appropriate Activity Hazard Analysis, establish safe working procedures for anticipated hazards, and provide pertinent safety and health training and motivation.

i. Meetings shall be conducted at least once a month for all supervisors at the project location and at least once a week for all workers by supervisors or foremen.

ii. Meetings shall be documented, including the date, persons in attendance, subjects discussed, and names of individual(s) who conducted the meeting. Documentation shall be maintained and copies furnished to the NIH on request.

6. Be responsible for the control, availability, and use of necessary safety equipment, including personal protective equipment and apparel for the employees.

c. A Contractor Site Safety and Health Officer not performing his/her duties in accordance with this Section, shall be replaced without the NIH's advanced written approval. The contractor shall notify the NIH COR when this person cannot be on duty while work is being performed and shall submit the name(s) and qualifications of the individual assigned to perform said duties.

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ARTICLE H.8.9. SITE SAFETY AND HEALTH OFFICER DEFINITIONS

a. HSBSAFETY OFFICER

An employee of the NIEHS who is responsible for management of the National Institute of Environmental Health Sciences (NIEHS) Safety Program.

b. NIH CONTRACTING OFFICER REPRESENTATIVE (COR)

An employee of the NIH or designated representative who conducts and monitors jobsite inspections and verifies contractor compliance with identified corrective actions.

c. CONTRACTOR

The General Contractor contracted with NIH.

d. CONTRACTOR SITE SAFETY AND HEALTH OFFICER

The Contractor Site Safety and Health Officer(s) will be categorized as either a Full-time Safety Professional or a Collateral Duty Safety Officer based on the scope and size of the project.

1. Full-time Safety Professional qualifications include:

i. He/She shall have no other duties.

ii. An individual possessing a minimum of five (5) years progressive experience managing safety programs on large projects comparable to this contract in scope and complexity.

iii. Be knowledgeable concerning all federal, state, and local regulations applicable to construction and industrial safety.

iv. Possess "Competent Person" certification in safety disciplines related to the work performed and possess verifiable training. This individual shall also be responsible for identifying "Competent Persons" required by state and federal safety standards for which they are not certified.

v. Have successfully completed the OSHA 500 Safety & Health Course. This requirement may be waived in lieu of a safety and health degree or professional safety or industrial hygiene certification (i.e. CSP or CIH).

vi. Be trained in, and possess current certification for CPR and First Aid.

vii. Be capable of performing accident investigations and developing a concise report.

viii. Is proficient in the development and presentation of "tool box" meetings and safety training.

2. Collateral Duty Safety Officer qualifications include:

An individual assigned to perform safety functions on any contract not requiring a Full-time Safety Professional. This can be a collateral duty position held by a supervisor.

i. Possess a minimum five (5) years…