FBO RFQ NIMH20-000341 (official).pdf

STREAMLINED SOLICITATION FOR COMMERCIAL ITEMS

COMBINED SYNOPSIS / SOLICITATION

COMPETITIVE

Title: MEG Core Facility Liquid Helium

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

The solicitation number is NIMH20000341 and the solicitation is issued as a request for quotation (RFQ).

This acquisition is for a commercial item or service and is conducted under the authority of the Federal Acquisition Regulation (FAR) Part 13—Simplified Acquisition Procedures; FAR Subpart 13.5— Simplified Procedures for Certain Commercial Items;

and FAR Part 12—Acquisition of Commercial Items, and is not expected to exceed the simplified acquisition threshold.

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2020-01, dated 12 Nov 2019.

NAICS Code and Size Standard The associated NAICS code 325120 and the small business size standard is 1,000 employees. This requirement is full and open with no set-aside restrictions.

Contract Type The Government contemplates award of a single-award Indefinite Delivery/ Indefinite Quantity (IDIQ) contract with the issuance of firm-fixed price Delivery Orders (DOs).

The IDIQ Contract shall include one 6-month base ordering period.

The National Institutes of Health (NIH), National Institute of Mental Health (NIMH) mission is to transform the understanding and treatment of mental illnesses through basic and clinical research, paving the way for prevention, recovery, and cure.

The MEG Core Facility boils off approximately 12 Liters of Helium a day. This must be replenished by transfer from a liquid Helium storage Dewar every 4 to 5 days. The MEG system itself has very little storage reserve so that the timing of the deliveries and transfer has a very small margin for error. Failure to fill the MEG with liquid Helium would result in a spontaneous warmup quite possibly damaging the system and at best incurring a significant expense for re-pumping the vacuum and re-cooling down the system. The refill requires about 80 Liters of Helium. Liquid Helium is usually shipped in 250 (nominal) Liter Dewars (storage tanks).

Because the Helium boils off from the Dewar it cannot be stored or stock piled for more than a few days. The exact fill level and boil off are approximate so that delivery time can only be determined a few days ahead. Thus, delivery in a very timely fashion is necessary. The system must be kept continuously cold so that year-round Helium supply is necessary.

The MEG Core Facility operates a 275 channel whole head CTF MEG system as a shared resource for the Intramural Research Programs of the NIH, with most core users representing NIMH and NINDS. MEG, magnetoencephalography, is a sophisticated technique allowing high resolution recording of brain activity and as such forms a vital part of the neuroimaging research program. The instrument is in full time use by PI’s performing neuroscience research.

Timely delivery of six (6) 250L Stainless Steel Dewars of liquified helium, delivered to Building 10 B1 NMRC Loading Dock in approximate two-week intervals. Notice will be given one week prior to the estimated delivery date shipments will be requested at least one (1) week in advance. The first delivery will be on December 27, 2019 and the last delivery on March 11, 2020. See the schedule below:

Delivery

Total Quantity

(in Liters)

Delivery by December 27,2019

Liquid Helium: 265-Liters with coupling for transfer tube.

Quantity: One (1) 265-Liter capacity size Dewar

January 15, January 29, February 12, February 26, March 11, TOTALS

Total Amount of Liquid Helium: 6 Deliveries of 265-Liters of liquid helium with coupling for transfer tube.

** An essential element of the projected proposal is the offeror’s ability to supply 6 separate timely deliveries of 265L of liquid helium in two-week increments. **

Generic Name of Product: Liquid Helium

The following describes the salient characteristics that are essential to this procurement.

Salient characteristics:

Generic Name of Product: Liquid Helium

Purchase Description: Helium, Refrigerated Liquid (CAS Number 7440-59-7). Delivered in a 250 Liter stainless steel Dewar with coupling for transfer tube.

Functional / Performance Specifications We require timely delivery of six (6) 250L Stainless Steel Dewars containing of 265 Liters of liquified helium, delivered to Building 10 B1 NMRC Loading Dock. Shipments will be requested at least 1 week in advance.

Salient characteristics Dewar must be 250 Liters, stainless steel, with coupling for a transfer tube. Dewars must be filled with liquified helium.

Quantity: 6 x 250 Liter Dewars filled with 265 Liters of helium

Delivery Date: Delivery will be on request (with request made at least one week in advance) with delivery approximately every two weeks Requested delivery dates:

• 12/27/2019

• 01/15/2020

• 01/29/2020

• 02/12/2020

• 02/26/2020

• 03/11/2020

Ordering of individual shipments will be coordinated directly.

Period of Performance: 12/18/2019 through 06/17/2020. (this should be longer because we may have 6 additional deliveries).

Proposal Instructions

Offerors should complete Attachment 2 “TECHICAL AND PRICE QUOTE TEMPLATE” to this solicitation.

Evaluation of Quotes and Award Determination

a. The Government will evaluate all responses received using the evaluation criteria set forth in the article titled: “Evaluation Criteria.”

b. Each quote will be evaluated in strict conformity with the evaluation factor(s).

c. All aspects of a quote are subject to discussion, including price, technical approach and terms and conditions. At the completion of discussions, the contractor will ensure his technical proposal and price quote reflects the mutual understandings of the requirement and if requested, submit a revised technical proposal and price quote to the Contracting Officer. The technical proposal should consist of the contractor’s intent and approach to this particular effort, any considerations that should be made by the government, as well as any additional information that expresses the Contractor’s position above others for this effort.

d. The Government may request clarifying information from the schedule contractor, as it relates to its quote.

e. If an award will be made without conducting discussions, schedule contractors may be given the opportunity to clarify certain aspects of their quote (e.g., the relevance of the schedule contract, the contractor's past performance information, and adverse past performance information to which the schedule contractor has not previously had an opportunity to respond) or to resolve minor or clerical errors.

f. The Government reserves the right to make a single award, multiple awards, or no award at all as a result of the RFQ. In addition, the RFQ may be amended or canceled as necessary to meet the Government’s requirements.

Evaluation Criteria

The evaluation factor(s) are used by the technical evaluator when reviewing the technical proposals. Each factor listed below will be given the corresponding weight for evaluation purposes and each overall proposal will be rated using a summary adjectival rating in accordance with below scale.

Technical Evaluation Criterion RATING

FACTOR 1 – Past Performance

1.Excellent

2. Good 3.

Acceptable

4. Marginal 5.Unacceptable

OVERALL RATING OVERALL RATING

Technical Evaluation Criteria

(1) Factor 1: PAST PEROFRMANCE (100%)

The Offeror shall discuss its successful past performance on contracts similar in size and scope to this requirement. List any awards received, provide letters of commendation, etc. that will demonstrate the offeror’s performance record of past performance. Provide any other pertinent information that will aid in the evaluation of the offeror’s performance record. Offerors shall list and discuss all prior contract terminated for default, and whether any show cause letters, cure notices or poor performance letters have been received. If offerors have a negative response they should say that none have been received. The offeror is requested to submit (3) three references for contracts performed in the past three years. Each contract reference shall be limited to one page length to include: (a) Contract Number; (b) Name and Address of Government Agency or private entity; (c) brief description of the type of work; (d) Contracting Officers name, telephone number and email address; (e) Technical Representative Name, telephone number and email address; (f) Contract type, period of performance; (g) Estimated amount; and (h) Obligated Amount.

Evaluation Method

(1) RFQ’s will be evaluated using a summary adjectival rating in accordance with the following scale:

Excellent - The proposal has exceptional merit and reflects an excellent approach which will clearly result in the superior attainment of all requirements and objectives. The risk of unsuccessful performance is very low as the proposal provides a clear understanding of the requirements and demonstrates the offerors ability to meet the requirement. Risk Level: Very Low Risk Level: Very Low Good - The proposal demonstrates an approach which is expected to meet all requirements and objectives. This approach includes advantageous characteristics of substance, and few relatively minor disadvantages, which collectively can be expected to result in satisfactory performance. The risk of unsuccessful performance is low as the proposal contains alternative solutions which are considered feasible and practical. These solutions are further considered to reflect low risk in that they are clear and precise, supported, and demonstrate an understanding of the requirements.

Risk Level: Low Acceptable - The proposal demonstrates an approach which is capable of meeting all requirements and objectives. The approach includes both advantageous and disadvantageous characteristics of substance, where the advantages are not outweighed by the disadvantages. Collectively, the advantages and disadvantages are likely to result in acceptable performance. The risk of unsuccessful performance is moderate, as the proposal solutions are generally feasible and practical. These solutions may also be considered to reflect moderate risk in that they may be somewhat clear and precise, partially supported, and/or demonstrate a general understanding of the requirements.

Risk Level: Neutral Marginal - The proposal demonstrates an approach which may not be capable of meeting all requirements and objectives. The approach has disadvantages of substance and advantages, which if they exist, are outweighed by the disadvantages. Collectively, the advantages and disadvantages present a low or questionable likelihood of resulting in satisfactory performance. The risk of unsuccessful performance is high as the proposal contains solutions which may not be feasible and practical. These solutions may also be considered to reflect high risk in that they lack clarity and precision, are generally unsupported, and/or do not demonstrate a complete understanding of the requirements.

Risk Level: High Unacceptable - The proposal demonstrates an approach which, based on a very high risk, will very likely not be capable of meeting all requirements and objectives. This approach has several disadvantages of substance, and advantages which, if they exist, are outweighed by disadvantages. Collectively, the advantages and disadvantages are unlikely to result in satisfactory performance. The risk of unsuccessful performance is very high as the proposal contains solutions which are not feasible and practical. The solutions may also be considered to reflect very high risk in that they lack any clarity or precision.

Risk Level: Very High.

Cost / Price Evaluation

(1) The Government will evaluate the proposed prices of each technically acceptable quote.

(2) Although technical factors are of paramount consideration in the award, cost/price is also important to the overall contract award decision. All evaluation factors other than cost or price, when combined, are significantly more important than cost or price. The Government intends to make an award to that contractor whose proposal provides the best overall value to the Government.

Cost / Price Evaluation

1. Price-cost will be evaluated separately from other factors and will be evaluated for fairness and reasonableness. For a price to be reasonable, it must represent a price to the government that a prudent person would pay when consideration is given to prices in the market. The total evaluated price-cost will be evaluated for reasonableness in terms of consistency with labor categories; level of effort, in that the proposed labor mix and labor hours are based on reasonable assumptions; and consistency with the technical approach, in that the prices are consistent with and reflect the proposed staffing requirement for all years.

2. Although technical factors are of paramount consideration in the award, cost/price is also important to the overall contract award decision. All evaluation factors other than cost or price, when combined, are significantly more important than cost or price. The Government intends to make an award(s) to that offeror whose proposal provides the best overall value to the Government.

Evaluation of Options

It is anticipated the award from this solicitation will contain option provision(s) and period(s).

In accordance with FAR Clause 52.217-5, Evaluation of Options, (July 1990), the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement, except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests. Evaluation of options will not obligate the Government to exercise the option(s).

Option(s): As briefly described above, the MEG Core Facility has purchased a helium recycler that should be installed by sometime early next year. If the project is successfully executed, we will not require helium deliveries after installation. However, should the project be delayed due to unforeseen circumstances, we will continue to require biweekly deliveries to maintain the MEG equipment. Optional quantities including Estimated Order Date (Estimated Delivery Dates) are below:

OPTIONAL QUANTITIES DELIVERY SCHEDULE

March 18., April 1, April 15, by April 29, 2020 by May 13, 2020

May 27, Liquid Helium: 265-Liters with coupling for transfer tube.

Total Amount of Liquid Helium: 6 Deliveries of 265-Liters of liquid helium with coupling for transfer tube.

Delivery Date: Delivery will be on request (with request made at least one week in advance) with delivery approximately every two weeks

Possible optional delivery dates:

• 03/18/2020

• 04/01/2020

• 04/15/2020

• 04/29/2020

• 05/13/2020

• 05/27/2020

Ordering of individual shipments will be coordinated directly.

1. Required delivery lead time is 7 days after receipt of delivery orders.

2. Delivery shall include all hazardous material handling charges and all energy and fuel charges.

3. The loading dock as specified in the delivery/pick-up address section is of substandard height. The Contractor shall deliver the Dewars with a liftgate truck.

4. Liquid helium shall be delivered in 1 250-Liter capacity size Dewar.

Contractor requirements:

At a minimum, the contractor shall comply with applicable Occupational Safety and Health Administration (OSHA) Regulations. The contractor will provide the Material Safety Data Sheets (MSDS) for chemicals used on the site in accordance with provisions of the OSHA Hazard Communication Act. The contractor must keep a binder containing all MSDS for chemicals approved for use at the worksite---where it is readily available for employees and emergency responders at NIH.

PERIOD OF PERFORMANCE

The 6-month period of performance of this contract shall be from 12/18/2019 through 06/17/2020.

DELIVERY

Delivery will be on request (with request made at least one week in advance) with delivery approximately every two weeks

FOB Point (Delivery/Pick-up) MEG Core Facility Laboratory of Functional and Molecular Imaging National Institute of Mental Health (NIMH) National Institutes of Health Bldg 10 B1 NMRC Loading Dock Center Drive Bethesda MD 20892

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.

Packaging and packing for all items delivered hereunder shall be in accordance with common commercial practices, adequate to insure protection from possible damage resulting from improper handling, inclement weather, water damage, excessive heat and cold, and to insure acceptance by a common carrier for safe delivery to its final destination. All deliverables shall clearly indicate the contract number and/or task (delivery) order number, as appropriate, on or adjacent to the exterior shipping.

INSPECTION AND ACCEPTANCE

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

b. For the purpose of this SECTION, the Contracting Officer’s Representative (COR) is the authorized representative of the Contracting Officer.

c. Inspection and acceptance will be performed at:

Acceptance may be presumed unless otherwise indicated in writing by the Contracting Officer or the duly authorized representative within 30 days of receipt.

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

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

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

The provision at FAR clause 52.212-1, Instructions to Offerors – Commercial Items (Oct 2018), applies to this acquisition.

Offerors shall discuss the helium shortage in its offer specifically how it will address issues such as delays in deliveries or orders that cannot be fulfilled because of the helium shortage.

Offerors must include a completed Price Quote, with their response to this Combined Synopsis/Solicitation. Offerors may use their own format/template as long as all the requested information contained in the Price Quote Template (Attachment 2) is included.

SAMPLE DELIVERY ORDER REQUEST

Total Quantity

(in Liters)

December 27,2019

January 15, January 29, February 12, February 26, March 11, Total Amount of Liquid Helium: 6 Deliveries of 265-Liters with coupling for transfer tube.

The provision at FAR clause 52.212-2, Evaluation – Commercial Items (Oct 2014), applies to this acquisition.

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

The Government intends to award to the responsible offeror based on the lowest price technically acceptable quote. For an offeror to be considered technically acceptable, it shall be able to provide the items required meeting the salient characteristics and delivery requirements in the solicitation. All sources shall provide ALL OR NONE in response to this RFQ.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced.

Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of Provision)

Offerors shall include a completed copy of the provision at FAR clause 52.212-3, Offeror Representations and Certifications—Commercial Items (Oct 2018), with its offer.

The FAR clause at 52.212-4, Contract Terms and Conditions – Commercial Items (Oct 2018), applies to this acquisition.

Addendum to FAR clause 52.212-4, Contract Terms and Conditions—Commercial Items (Oct 2018) applies to this acquisition. The additional contract terms and conditions are as follows:

Please be advised that the National Institute of Mental Health (NIMH) is an Institute within the National Institutes of Health (NIH), which is a Federal agency. An Offerors mass-market commercial agreement may include provisions that are customarily found in the commercial sector but which are not appropriate for a contract with a Federal agency. Specifically, NIMH considers any provision in an Offerors mass-market commercial agreement to be inappropriate and unenforceable that:

(1) Contravenes a right granted NIMH under U.S. copyright law (e.g., fair use, right to archive, copying for interlibrary loan),

(2) Violated the Federal Acquisition Regulation or other Federal law (e.g., Antideficiency Act, Principles of Federal Appropriations Law, Prompt Payment Act),

(3) Departs from reasonable consumer expectations and was not disclosed prior to agreement, or

(4) Violates fundamental public policy.

NIMH shall assume that the resultant Contractor is in agreement with the statements herein if an Offeror accept NIMHs order/contract.

52.208-8 -- Required Sources for Helium and Helium Usage Data (Aug 2018)

(a) Definitions.

“Bureau of Land Management,” as used in this clause, means the Department of the Interior, Bureau of Land Management, Amarillo Field Office, Helium Operations, located at 801 South Fillmore Street, Suite 500, Amarillo, TX 79101-3545.

“Federal helium supplier” means a private helium vendor that has an in-kind crude helium sales contract with the Bureau of Land Management (BLM) and that is on the BLM Amarillo Field Office’s Authorized List of Federal Helium Suppliers available via the Internet at https://www.blm.gov/programs/energy-and-minerals/helium/partners.

“Major helium requirement” means an estimated refined helium requirement greater than 200,000 standard cubic feet (scf) (measured at 14.7 pounds per square inch absolute pressure and 70 degrees Fahrenheit temperature) of gaseous helium or 7510 Liters of liquid helium delivered to a helium use location per year.

(b) Requirements --

(1) Contractors must purchase major helium requirements from Federal helium suppliers, to the extent that supplies are available.

https://www.blm.gov/programs/energy-and-minerals/helium/partners https://www.blm.gov/programs/energy-and-minerals/helium/partners

(2) The Contractor shall provide to the Contracting Officer the following data within 10 days after the Contractor or subcontractor receives a delivery of helium from a Federal helium supplier --

(i) The name of the supplier;

(ii) The amount of helium purchased;

(iii) The delivery date(s); and

(iv) The location where the helium was used.

(c) Subcontracts --The Contractor shall insert this clause, including this paragraph (c), in any subcontract or order that involves a major helium requirement.

(End of Clause)

52.216-2 -- Economic Price Adjustment -- Standard Supplies (Jan 1997)

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

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

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

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

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

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

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

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

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

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

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

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

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

(c) of this clause.

52.216-18 – Ordering (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from through [To be specified at time of award].

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

52.216-19 -- Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount less than one (1) 250-Liter capacity size Dewar, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor --

(1) Any order for a single item in excess of a quantity of six (6) 250-Liter Dewars of liquid helium containing 265 Liters of liquid helium;

(2) Any order for a combination of items in excess of a quantity of twelve (12) 265-Liter Dewars of liquid helium; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons.

Upon receiving this notice, the Government may acquire the supplies or services from another source.

FAR clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders–Commercial Items (Jan 2019), applies to this acquisition.

The following clauses listed in FAR clause 52.212-5 are applicable to the acquisition:

× (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

× (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

× (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C.

6101 note).

_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

× (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

× (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).

× (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

× (28) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

× (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

× (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

x (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

× (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

× (33) (i) 52.222-50, Combating Trafficking in Persons (JAN 2019)

× (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).

× (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

× (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

× (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

× (55) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.S.C. 3332).

The following additional contract requirement(s) or terms and conditions applicable to this acquisition are as follows.

Invoice and Payment Instructions The following clause is applicable to all Purchase Orders, Task or Delivery Orders, and Blanket Purchase Agreement (BPA) Calls: Prompt Payment (Jan 2017) FAR 52.232-25.

For invoice instructions and highlights of this clause and NIH implementation requirements please refer to Attachment 1 - Invoice and Payment Provisions (2/2014).

Occupational Safety and Health Administration - Hazard Communication Standard: Safety Data Sheets The Hazard Communication Standard (HCS) (29 CFR 1910.1200(g)), revised in 2012, requires that the chemical manufacturer, distributor, or importer provide Safety Data Sheets (SDSs) (formerly MSDSs or Material Safety Data Sheets) for each hazardous chemical to downstream users to communicate information on these hazards. The information contained in the SDS is largely the same as the MSDS, except now the SDSs are required to be presented in a consistent user-friendly, 16-section format. This brief provides guidance to help workers who handle hazardous chemicals to become familiar with the format and understand the contents of the SDSs.

The SDS includes information such as the properties of each chemical; the physical, health, and environmental health hazards; protective measures; and safety precautions for handling, storing, and transporting the chemical. The information contained in the SDS must be in English (although it may be in other languages as well). In addition, OSHA requires that SDS preparers provide specific minimum information as detailed in Appendix D of 29 CFR 1910.1200. The SDS preparers may also include additional information in various section(s).

Sections 1 through 8 contain general information about the chemical, identification, hazards, composition, safe handling practices, and emergency control measures (e.g., fire fighting). This information should be helpful to those that need to get the information quickly. Sections 9 through 11 and 16 contain other technical and scientific information, such as physical and chemical properties, stability and reactivity information, toxicological information, exposure control information, and other information including the date of preparation or last revision. The SDS must also state that no applicable information was found when the preparer does not find relevant information for any required element.

The SDS must also contain Sections 12 through 15, to be consistent with the UN Globally Harmonized System of Classification and Labeling of Chemicals (GHS), but OSHA will not enforce the content of these sections because they concern matters handled by other agencies.

A description of all 16 sections of the SDS, along with their contents, is presented in the link below:

https://www.osha.gov/Publications/OSHA3514.html

52.223-3 -- Hazardous Material Identification and Material Safety Data (Jan 1997)

(a) “Hazardous material,” as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No. 313 (including revisions adopted during the term of the contract).

(b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Material Safety Data Sheet submitted under this contract.

Material

(If none, insert “None”)

Identification No.

(c) This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous.

(d) The apparently successful offeror agrees to submit, for each item as required prior to award, a Material Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with Federal Standard No. 313, whether or not the apparently successful offeror is the actual manufacturer of these items. Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered nonresponsible and ineligible for award.

(e) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No. 313, which renders incomplete or inaccurate the data submitted under paragraph (d) of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data.

(f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or property.

(g) Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.

(h) The Government’s rights in data furnished under this contract with respect to hazardous material are as follows:

(1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to --

(i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials;

(ii) Obtain medical treatment for those affected by the material; and

(iii) Have others use, duplicate, and disclose the data for the Government for these purposes.

(2) To use, duplicate, and disclose data furnished under this clause, in accordance with subparagraph (h)(1) of this clause, in precedence over any other clause of this contract providing for rights in data.

(3) The Government is not precluded from using similar or identical data acquired from other sources.

(i) Except as provided in paragraph (i)(2), the Contractor shall prepare and submit a sufficient number of Material Safety Data Sheets (MSDS’s), meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, for all hazardous materials identified in paragraph (b) of this clause.

(1) For items shipped to consignees, the Contractor shall include a copy of the MSDS’s with the packing list or other suitable shipping document which accompanies each shipment. Alternatively, the Contractor is permitted to transmit MSDS’s to consignees in advance of receipt of shipments by consignees, if authorized in writing by the Contracting Officer.

(2) For items shipped to consignees identified by mailing address as agency depots, distribution centers or customer supply centers, the Contractor shall provide one copy of the MSDS’s in or on each shipping container. If affixed to the outside of each container, the MSDS’s must be placed in a weather resistant envelope.

52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)

(a) Except as stated in paragraph (b) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement , that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C.

1341), the following shall govern:

(1) Any such clause is unenforceable against the Government.

(2) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(3) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(b) Paragraph (a) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulation and procedures.

(End of clause)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 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, including 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)

52.233-1 Disputes (May 2014)

(a) This contract is subject to 41 U.S.C. chapter 71, Contract Disputes.

(b) Except as provided in 41 U.S.C. chapter 71, all disputes arising under or relating to this contract shall be resolved under this clause.

(c) “Claim,” as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract. However, a written demand or written assertion by the Contractor seeking the payment of money exceeding $100,000 is not a claim under 41 U.S.C. chapter 71 until certified. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under 41 U.S.C. chapter 71. The submission may be converted to a claim under 41 U.S.C. chapter 71, by complying with the submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time.

(d) (d)

(1) A claim by the Contractor shall be made in writing and, unless otherwise stated in this contract, submitted within 6 years after accrual of the claim to the Contracting Officer for a written decision. A claim by the Government against the Contractor shall be subject to a written decision by the Contracting Officer.

(2) (2)

(i) The contractor shall provide the certification specified in paragraph (d)(2)(iii) of this clause when submitting any claim exceeding $100,000.

(ii) The certification requirement does not apply to issues in controversy that have not been submitted as all or part of a claim.

(iii) The certification shall state as follows: “I certify that the claim is made in good faith; that the supporting data are accurate and complete as to my knowledge and belief; that the amount requested accurately reflects the contract adjustment for which the Contractor believes the Government is liable; and that I am authorized to certify the claim on behalf of the Contractor.”

(3) The certification may be executed by any person authorized to bind the Contractor with respect to the claim.

(e) For Contractor claims of $100,000 or less, the Contracting Officer must, if requested in writing by the Contractor, render a decision within 60 days of the request. For Contractor-certified claims over $100,000, the Contracting Officer must, within 60 days, decide the claim or notify the Contractor of the date by which the decision will be made.

(f) The Contracting Officer’s decision shall be final unless the Contractor appeals or files a suit as provided in 41 U.S.C. chapter 71.

(g) If the claim by the Contractor is submitted to the Contracting Officer or a claim by the Government is presented to the Contractor, the parties, by mutual consent, may agree to use alternative dispute resolution (ADR). If the Contractor refuses an offer for ADR, the Contractor shall inform the Contracting Officer, in writing, of the Contractor’s specific reasons for rejecting the offer.

(h) The Government shall pay interest on the amount found due and unpaid from

(1) the date that the Contracting Officer receives the claim (certified, if required); or

(2) the date that payment otherwise would be due, if that date is later, until the date of payment.

With regard to claims having defective certifications, as defined in FAR 33.201, interest shall be paid from the date that the Contracting Officer initially receives the claim.

Simple interest on claims shall be paid at the rate, fixed by the Secretary of the Treasury as provided in the Act, which is applicable to the period during which the Contracting Officer receives the claim and then at the rate applicable for each 6-month period as fixed by the Treasury Secretary during the pendency of the claim.

(i) The Contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under the contract, and comply with any decision of the Contracting Officer.

The Defense Priorities and Allocations System (DPAS) are not applicable to this requirement.

Responses to this solicitation must include sufficient information to establish the interested parties’ bona-fide capabilities of providing the product or service. The price quote shall include: unit price, list price, shipping and handling costs, delivery days after contract award, delivery terms, prompt payment discount terms, F.O.B. Point (Destination or Origin), product or catalog number(s); product description; and any other information or factors that may be considered in the award decision. Such factors may include: past performance; special features required for effective program performance;

trade-in considerations; probable life of the item selected as compared with that of a comparable item; warranty considerations; maintenance availability; and environmental and energy efficiency considerations.

In addition, the Dun & Bradstreet Number (DUNS), the Taxpayer Identification Number (TIN), and the certification of business size must be included in the response. All offerors must have an active registration in the System for Award Management (www.sam.gov.)

OFFER REPSONSE DUE DATE

All responses must be received by 2:00 P.M., Eastern Standard Time, on November 29, 2019, and reference number NIMH20000341. Responses must be submitted electronically via electronic mail at michellececilia.cecilia@nih.gov and valerie.whipple@nih.gov .

Fax responses will not be accepted.

For information regarding the solicitation please contact the Contract Specialist michellececilia.cecilia@nih.gov or (301) 827-7199.

http://www.sam.gov./ http://www.sam.gov./ mailto:michellececilia.cecilia@nih.gov mailto:michellececilia.cecilia@nih.gov mailto:valerie.whipple@nih.gov mailto:valerie.whipple@nih.gov mailto:michellececilia.cecilia@nih.gov mailto:michellececilia.cecilia@nih.gov

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Invoice and Payment Provisions (2/2014) The following clause is applicable to all Purchase Orders, Task or Delivery Orders, and Blanket Purchase Agreement (BPA) Calls: Prompt Payment (Jan 2017) FAR 52.232-25. Highlights of this clause and NIH implementation requirements follow:

I. Invoice Requirements

A. An invoice is the Contractor's bill or written request for payment under the contract for supplies delivered or services performed. A proper invoice is an "Original" which must include the items listed in subdivisions 1 through 12, below, in addition to the requirements of FAR

32.9. If the invoice does not comply with these requirements, the Contractor will be notified of the defect within 7 days after the date the designated billing office received the invoice (3 days for meat, meat food products, or fish, and 5 days for perishable agricultural commodities, dairy products, edible fats or oils) with a statement of the reasons why it is not a proper invoice. (See exceptions under II., below.) Untimely notification will be taken into account in the computation of any interest penalty owed the Contractor.

1. Vendor/Contractor: Name, Address, Point of Contact for the invoice (Name, title, telephone number, e-mail and mailing address of point of contact).

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

3. Remittance name must match exactly with name on original order/contract. If the

Remittance name differs from the Legal Business Name, then both names must appear on the invoice.

4. Invoice date.

5. Unique invoice #s for all invoices per vendor regardless of site.

6. NBS document number formats must be included for awards created in the NBS: Contract

Number; Purchase Order Number; Task or Delivery Order Number and Source Award Number (e.g., Indefinite Delivery Contract number; General Services Administration number); or, BPA Call Number and BPA Parent Award Number.

7. Data Universal Numbering System (DUNS) or DUNS + 4 as registered in the Central Contractor Registration (CCR).

8. Federal Taxpayer Identification Number (TIN). In those exceptional cases where a contractor does not have a DUNS number or TIN, a Vendor Identification Number (VIN) must be referenced on the invoice. The VIN is the number that appears after the contractor’s name on the face page of the award document.

9. Identify that payment is to be made using a three-way match.

10. Description of supplies/services that match the description on the award, by line billed.*

11. Freight or delivery charge must be billed as shown on the award. If it is included in the item price do not bill it separately. If identified in the award as a separate line item, it must be billed separately.

12. Quantity, Unit of Measure, Unit Price, Extended Price of supplies delivered or services performed, as applicable, and that match the line items specified in the award.*

* NOTE: If your invoice must differ from the line items on the award, please contact the Contracting Officer before submitting the invoice. A modification to the order or contract may be needed before the invoice can be submitted and paid.

B. Shipping costs will be reimbursed only if authorized by the Contract/Purchase Order. If authorized, shipping costs must be itemized.