Amendment 1 NIMH-22-003900-WOSB.CSS.w.Att1-6.pdf

Amendment 1

General Handyman Services Contract Competitive Combined Synopsis/Solicitation

NIMH 22-003900 WOSB

INTRODUCTION

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. This acquisition is being conducted in accordance with the procedures of FAR Part 13--Simplified Acquisition Procedures.

The solicitation number is NIMH 22-003900 WOSB and the solicitation is issued as a request for quotation (RFQ).

NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS) CODE

The intended procurement is classified under NAICS code 238390, $16.5M.

SET-ASIDE STATUS

This acquisition is restricted and available for Women Owned Small Business (WOSB) Set- Aside.

ACQUISITION AUTHORITY

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 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 2022-05 dated April 26, 2022. The resultant contract will include all applicable provisions and clauses in effect through this date.

DESCRIPTION OF REQUIREMENT

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

The NIMH is requiring general handyman services in support of the NIMH scientific and administrative staff throughout various research laboratories and office spaces on the main National Institutes of Health (NIH) Campus in Bethesda, MD. The purpose of this contract is to provide general handyman services for everyday minor tasks that are generally considered “carpentry” in nature and do not involve alteration of building infrastructure or major utilities.

Purpose The purpose of this acquisition is to establish an IC-wide multi-year contract to acquire facilities support services for on-site facility maintenance, minor alterations, and repairs of a handyman nature.

Project Requirements

See Attached Statement of Work for details.

Delivery Requirements/Period of Performance Base Period: September 25, 2022 to September 24, 2023 Option Year 1: September 25, 2023 to September 24, 2024 Option Year 2: September 25, 2024 to September 24, 2025

Place of Performance

The place of performance shall be the National Institutes of Health, National Institute of Mental Health (NIMH), NIH Bethesda Main Campus, specifically, but not limited to,buildings 10, 10CRC, 13, 15K, 31, 35, 35A and 49.

Contract Type The Government intends to issue a time and materials purchase order for this requirement.

Invoicing shall be in accordance with the Prompt Payment Act and payment shall be made via Electronic Funds Transfer (EFT).

Response Format Responses to this solicitation must include clear and convincing evidence of the offeror’s capability of fulfilling the requirement as it relates to the salient characteristics of the product.

The offeror must indicate in their response as to whether the brand-name or equal product proposed can or cannot meet the salient characteristics as stated in this combined solicitation synopsis.

In addition, the quote must provide their company name, 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 (SAM) www.sam.gov.”

TECHNICAL PROPOSAL

Offerors may provide up to 20, 8.5 by 11-inch pages (using no less than 10 font size) as their proposal to be evaluated by the Source Evaluation Panel. The technical submission will address the Statement of Work and be responsive to the attached evaluation factors. The 20-page technical submission limitation does not include and is in addition to the pages relating to relevant resume credentials and the price proposal. Technical submission pages in excess of this page limitation will not be considered.

COST/PRICE PROPOSAL

The cost/price proposal must be completed to include all costs related to the Statement of Work, including the hourly, daily and monthly rates, as appropriate, and all direct and indirect costs for http://www.sam.gov/ the base and option years. The cost/price proposal shall be submitted in the Microsoft Excel format.

LEVEL OF EFFORT

The following is only an estimate. Offerors are advised to carefully review the requirement in deriving the level of effort they believe are necessary to provide their best value proposal. The offeror is not bound to propose using the below assumptions. Rather, offerors are expected to provide the best solution citing the labor mix and quantity required to accomplish the task.

The estimated level of effort for this requirement is detailed below. This level of effort is estimated for the base period and subsequent option periods. The Government’s cost estimate was created using historical data obtained from previous work orders.

LaborType Hours Per Year

Carpenter 354

General Laborer 170

Project Manager 114

Materials & Supplies Base Year (est.)

Materials and Supplies $35,016.00

EVALUATION

The provision at FAR clause 52.212-2, Evaluation - Commercial Items, applies to this acquisition.

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. See Evaluation Criteria attachment for details.

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 or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(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: (i) technical Approach, (ii) Past Performance, (iii) Key Personnel and (iv) Performance Schedule.

(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 or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.”

ADDITIONAL INFORMATION

The provision at FAR 52.252-1, Solicitation Provisions Incorporated by Reference (Feb 1998), applies to this acquisition. This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at these addresses: https://www.acquisition.gov/browse/index/far https://www.hhs.gov/grants/contracts/contract-policies-regulations/hhsar/index.html

The following provisions apply to this acquisition and are incorporated by reference:

• FAR 52.204-7, System for Award Management (Oct 2018)

• FAR 52.204-16, Commercial and Government Entity Code Reporting (Aug 2020)

• FAR 52.212-1, Instructions to Offerors-Commercial Items (Nov 2021)

• FAR 52.212-3, Offeror Representations and Certifications-Commercial Items (Nov 2021)

• HHSAR 352.239-73, Electronic and Information Technology Accessibility Notice

(December 18, 2015)

The clause at FAR 52.252-2, Clauses Incorporated by Reference (Feb 1998), applies to this acquisition. This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their https://www.acquisition.gov/browse/index/far https://www.hhs.gov/grants/contracts/contract-policies-regulations/hhsar/index.html full text available. Also, the full text of a clause may be accessed electronically at these addresses:

(End of Clause)

The following clauses apply to this acquisition and are incorporated by reference:

• FAR 52.204-13, System for Award Management Maintenance (Oct 2018)

• FAR 52.204-18, Commercial and Government Entity Code Maintenance (Aug 2020)

• FAR 52.204-21, Basic Safeguarding of Covered Contractor Information Systems (Nov

2021)

• FAR 52.212-4, Contract Terms and Conditions--Commercial Items (Oct 2018). Addendum to this FAR clause applies to this acquisition and is attached.

• FAR 52.217-8, Option to Extend Services (Nov 1999)

• FAR 52.217-9, Option to Extend the Term of the Contract (March 2000)

• HHSAR 352.222-70, Contractor Cooperation in Equal Employment Opportunity

Investigations (December 18, 2015)

• HHSAR 352.239-74, Electronic and Information Technology Accessibility (December 18, 2015)

The following provisions and clauses apply to this acquisition and are attached in full text.

Offerors MUST complete the provisions at 52.204-24 and 52.204-26 and submit completed copies as separate documents with their proposal.

• FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

• FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021)

• FAR 52.204-26 Covered Telecommunications Equipment or Services-Representation (Oct 2020)

• FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Jan 2022)

• NIH Invoice and Payment Provisions (Feb 2021)

The Offerors to include a completed copy of the provision at FAR clause 52.212-3, Offeror Representations and Certifications-Commercial Items (Nov 2021), with its offer. If the offeror has completed FAR clause 52.212-3 at www.sam.gov, then the offeror does not need to provide a completed copy with its offer.

https://www.acquisition.gov/far/52.204-13 https://www.acquisition.gov/far/52.204-18 https://www.acquisition.gov/far/52.204-21 https://www.acquisition.gov/far/52.212-4 https://www.acquisition.gov/far/52.217-8 https://www.acquisition.gov/far/52.217-9 https://www.hhs.gov/grants/contracts/contract-policies-regulations/hhsar/part-352-solicitation-provisions-contract-clauses/index.html#352.222-70 https://www.hhs.gov/grants/contracts/contract-policies-regulations/hhsar/part-352-solicitation-provisions-contract-clauses/index.html

The clause at FAR 52.212-4, Contract Terms and Conditions-Commercial Items (Nov 2021), applies to this acquisition. Addendum to this FAR clause applies to this acquisition and is attached.

The following additional contract requirement(s) or terms and conditions as determined by the contracting officer are necessary for this acquisition and consistent with customary commercial practices. There are no additional contract requirement(s) or terms and conditions applicable to this acquisition.

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

Responses to this solicitation must include clear and convincing evidence of the offeror’s capability of fulfilling the requirement as it relates to the technical evaluation criteria. The price proposal must include the labor categories, an estimate of the number of hours required for each labor category, fully loaded fixed hourly rate or each labor category, breakdown and rationale for other direct costs or materials, and the total amount.

The Unique Entity ID from SAM.gov, 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 (SAM) www.sam.gov.

SPECIAL CONTRACT REQUIREMENT

KEY PERSONNEL is applicable to this order and incorporated in full text below.

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.

http://www.sam.gov/

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

Name Title

TBD, Project Manager

CLOSING INFORMATION

All responses must be received by 5:00 PM, Thursday, July 28, 2022 and reference number NIMH22-003900. Responses may be submitted electronically to jeff.moore@nih.gov, and robin.knighty@nih.gov.

Fax responses will not be accepted.

ATTACHMENTS

Attachment 1 – Statement of Work Attachment 2 – Technical Evaluation Criteria Attachment 3 – 52.212-4 and 52.212-5 Attachment 4 – 52.204-24, 52.204-26, 52.212-3 Clauses Attachment 5 – Davis-Bacon Act Wage Determination MD20220043 Attachment 6 – Invoice Instructions mailto:jeff.moore@nih.gov

Version 11-30-2016-1 FAR Part 11—Describing Agency Needs

STATEMENT OF WORK (SERVICES)

GENERAL INFORMATION

Title of Project:

General Handyman Services Contract for NIMH

Statement of Need and Purpose:

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

The NIMH is seeking to acquire facilities support services for on-site facility maintenance, minor alterations, and repairs of a handyman nature.

Background Information and Objective:

The NIMH is requiring general handyman services in support of the NIMH scientific and administrative staff throughout various research laboratories and office spaces on the main National Institutes of Health (NIH) Campus in Bethesda, MD. The purpose of this contract is to provide general handyman services for everyday minor tasks that are generally considered “carpentry” in nature and do not involve alteration of building infrastructure or major utilities.

Typical tasks covered under this contract generally include the repair, fabrication, reconfiguration and relocation of casework items and furniture to improve aesthetics and/or functionally. Typical tasks will not include any major mechanical, electrical, or plumbing work.

Period of Performance:

The required period of performance for this requirement is a one-year base period as well as two (2) one-year option periods. The total contract duration shall not exceed three (3) years.

SCOPE OF WORK

General Requirements:

Independently and not as an agent of the Government, the Contractor shall furnish all the necessary services, qualified personnel, material, equipment, and facilities, not otherwise provided by the Government as needed to perform the Statement of Work below:

Specific Requirements:

The contractor shall provide general handyman services such as, but not limited to:

-modification of existing metal laboratory casework including various bench-top materials using primarily existing and/or salvaged materials. Occasionally, some supplement casework accessories and/or bench-top materials will have to be ordered by the contractor to complete a task.

-modification of existing wood millwork including various countertop materials using primarily existing and/or salvaged materials. Occasionally, some supplemental millwork accessories and/or countertop materials will have to be ordered by the contractor to complete a task.

-disassembly, relocation, modification, and reassembly of existing or new office system furniture. Occasionally, some supplemental furniture accessories will have to be ordered by the contractor to complete a task.

-modification of existing shelving configurations in labs and offices. Occasionally some supplemental shelving materials and/or accessories will have to be ordered by the contractor to complete a task.

-installation of various window treatments

-installation of acoustical treatments

-repair suspended and drywall ceilings

-painting of entire labs and offices

-patching and touch-up painting of walls and ceilings

-repair and installation of various flooring finishes

-cleaning of office carpets

-wall mounting of assorted items such as large format televisions, computer monitors, projection screens, picture frames, artwork, whiteboards, tack boards, coat hooks, cylinder restraints and room signage

-disconnecting and reconnecting of biosafety cabinets which only involves vacuum and water lines that do not involve a building shutdown

-careful relocation of heavy/large laboratory equipment from one location to another.

Some equipment may be delicate or fragile in nature. Proper safeguarding of equipment will be required.

-relocation of surplus items and equipment to government owned or leased storage facilities on and off campus. Travel distance to the storage facilities will typically be less than forty miles. This requires familiarity with the NIH Property Reutilization and Disposal policies.

The contractor will be located locally (within 30 miles) of the NIH Campus. They must have experience with laboratory facilities, clinical patient care (including behavioral health/psychiatric wards) facilities and animal holding and behavioral facilities on the NIH campus, which often require specialized finishes specific to these areas.

Prior to award of individual task orders, the contractor will attend onsite project orientation walkthroughs as necessary to become familiar with the assigned task. After award of individual task order, the contractor will also attend project planning meetings as required for coordination and scheduling purposes. The contractor, in consultation with the NIMH POC, will be required to know the different rules, regulations and clearances of each building prior to commencing the task. Additionally, all contractor personnel will be required to take the ten-hour OSHA safety training for working on the NIH campus. Also, the Bite and Scratch video is a requirement for all personnel who work in the Central Animal Facility in Building 49. Lastly, a TB test is required for all contractors.

The place of performance will be the NIH Bethesda main campus and specifically Buildings 10, 10CRC, 13, 15K, 31, 35, 35A, and 49.

LEVEL OF EFFORT:

The estimated level of effort for this requirement is estimated for the base period and subsequent option periods. The Government’s cost estimate was created using historical data obtained from previous work orders.

LaborType Hours Per Year

Carpenter 354

General Laborer 170

Project Manager 114

Materials & Supplies Base Year (est.)

Materials and Supplies $35,016.00

GOVERNMENT RESPONSIBILITIES

The Contractor shall be expected to be cognizant of care for all Government property; any Government property damaged by the Contractor will be the sole responsibility of the Contractor and the Government will seek reimbursement.

DELIVERY OR DELIVERABLES

The Contractor will require access to the NIH Bethesda campus and must comply with agency personal identity verification (PIV) procedures that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24 and Federal Information Processing Standards Publication (FIPS PUB) Number 201. A background check will be required for all key personnel. No special security clearances will be required. The Contractor will have access to the NIH Campus Monday through Friday from 6:00 AM to 6:00 PM excluding the eleven Federal holidays.

The Contractor shall provide the following deliverables:

a. Task Status Spreadsheet

The Contractor shall update a task status spreadsheet provided to the Government. This spreadsheet includes fields for task descriptions, task progress information, anticipated completion date, associated labor hours, materials, and other direct costs, and other information. The status spreadsheet shall be updated and submitted monthly to the NIMH POC by the 5th of the following month.

b. Other Direct Costs Proposals

The Contractor shall research and provide Other Direct Costs proposals for all materials/other direct costs necessary for the performance of this requirement.

Proposals for each job initiated shall be submitted to NIMH POC for review in accordance with the Government’s materials specifications and shall include a primary recommendation as well as alternative options for use. Each proposal must include a materials sample upon request, associated cost information, and rationale for the recommendation of a material sample. Materials samples must be original and shall not be electronic or photocopied. The Government shall then indicate which recommendation is approved, in writing, and the Contractor shall proceed with that proposal. Other Direct Costs invoiced must be corroborated by approved Other Direct Cost proposals.

c. Labor Hour & Other Direct Cost

The Contractor shall prepare and submit labor hour and other direct costs for each job initiated and shall be submitted to the NIMH POC for review and acceptance prior to initiation of the work. These jobs shall summarize all labor hours and associated costs as well as other direct costs. Supporting documentation shall include at a minimum a copy of the approved other direct cost proposals referenced as well as the associated materials purchase receipts. The Contractor shall monitor monthly labor costs and other direct costs and notify the Contracting Officer’s Representative and the NIMH POC in writing via email when other costs amount to 75% and 90% of the not-to-exceed value allotted for each year.

d. Semi-Annual Performance Reports

The Contractor shall prepare and submit summary performance reports on a semi-annual basis. Summary performance reports shall include descriptive information about all work to date for the report period, including summary costs and specification of how labor hours and other direct costs have been expended across statement of work task areas. Exact report requirements will be determined at time of award with the Contracting Officer’s Representative and the NIMH POC.

e. Emergency Status Reports

The Contractor shall provide emergency status reports as directed by the Government. These status reports may include information such as circumstances of the emergency and an explanation of the emergency’s events, the solution provided, and work completed during the emergency, as well as information regarding anticipated follow-up to ensure solution was effective. Emergency Status Report delivery timelines shall be agreed upon at time of direction.

f. Ad-Hoc Reports

The Contractor shall provide ad-hoc reports as directed by the Government.

These reports may cover information including partial completion schedules and materials lead-times. The delivery timeline for ad-hoc reports shall be agreed upon at time of direction.

g. Invoices

The Contractor shall prepare and submit invoices in accordance with the invoice instructions which shall be provided at time of award. Invoices will include copies of all jobs invoiced. Each job will include labor hours and direct costs associated with performance of that job. Additionally, courtesy copies of all invoices and their associated supporting documentation (approved other direct cost proposals, other direct cost receipts, documentation of approved labor outside of regular work hours, etc.) shall be provided both to the Contracting Officer and Contracting Officer’s Representative or designee each month.

REPORTING REQUIREMENTS

See Deliverables above.

OTHER CONSIDERATIONS

Travel:

Contractor travel is not required or authorized for this requirement.

Key Personnel:

A. The Contractor shall propose one Project Manager in their written technical proposal as detailed below. Key personnel must be assigned for the duration of the contract and may not be replaced or removed without prior notification to the Contracting Officer. A comparable replacement must be chosen by the Contractor and agreed to by the NIMH COR and/or the NIMH POC. A resume must be provided for proposed key personnel in accordance with the key personnel qualifications provided in this Statement of Work.

Contractor shall make available suitable temporary replacements if key personnel are unavailable to provide services. The temporary replacement’s credentials must meet the key personnel requirements detailed in this Statement of Work.

Project Manager

Project Manager Responsibilities: The Project Manager shall plan and direct projects or groups of related tasks; work closely with NIMH management and/or representatives; and responsibly perform the overall management of specific tasks and ensure that the technical solutions and the schedules in the tasks are implemented in a timely manner.

Project Manager Requirements: The Project Manager must have three (3) years of experience providing project or program management support and one of the following:

• A minimum of three (3) years of National Institute of Health (NIH) construction/renovation experience

OR

• A minimum of three (3) years of Federal Government construction/renovation experience in laboratory, and/or clinical and/or animal spaces.

Information System Security Plan:

Not applicable

Data Rights:

Not applicable

Section 508—Electronic and Information Technology Standards:

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).

Publications and Publicity:

The contractor will not write any publications based on this work.

Confidentiality of Information:

The government will not provide to the contractor any information or data of a personal nature about individual(s) or proprietary information or data pertaining to an institution or organization which is confidential. Whenever the contractor is uncertain with regard to the confidentiality of or a property interest in information under this contract, the contractor should consult with the Contracting Officer prior to any release, disclosure, dissemination, or publication.

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

GENERAL HANDYMAN SERVICES CONTRACT FOR NIMH

ATTACHMENT 2: Technical Evaluation Criteria

The Government will award a contract or purchase order resulting from this requirement on the basis of best value, technical factors and price considered. Technical factors together shall be considered more important than price and all technical evaluation factors are detailed below:

Factor 1: Technical Approach

The Contractor’s proposal shall address each area of the statement of work in sufficient detail to demonstrate a clear understanding of the specific characteristics needed to fulfill these requirements. The proposed technical approach shall be evaluated for the capability of the contractor to provide and manage handyman services for everyday minor tasks such as repair, fabrication, reconfiguration and relocation of casework items and furniture, repair and painting of walls and ceilings, and other tasks described in the Scope of Work. Capability in these areas shall be viewed favorably.

Factor 2: Past Performance

The Contractor shall provide at least two (2) past performance references completed during the past five (5) years with knowledge of the contractor’s relevant skills and experience related to the requirements outlined in this Statement of Work.

References shall include the following information:

a. Name of Organization

b. Description of Requirement and Specific Responsibilities of the Offeror as they relate to the SOW

c. Contact Name and Title

d. Total Contract Value

e. Contract Period of Performance

Factor 3: Key Personnel

The Contractor will be evaluated on the basis of experience and qualifications. The contractor shall be appropriate to the level and kind of work required. The Project Manager should have at least three (3) years of experience working on a variety of relevant tasks in a federal scientific setting. This experience should range from small scale individual tasks to larger more complex projects that require the effective coordination of several employees with various assigned tasks.

Factor 4: Performance Schedule

The contractor indicates that it will be able to 1) meet onsite to review tasks in a timely manner; 2) provide fixed price quotes in a timely fashion; and 3) begin and complete assigned tasks in a timely fashion.

Technical proposals 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

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

52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services.

As prescribed in 12.301(b)(3), insert the following clause:

Contract Terms and Conditions—Commercial Products and Commercial Services (Nov 2021)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-

(i) Name and address of the Contractor;

(ii) Invoice date and number;

https://www.acquisition.gov/far/12.301#FAR_12_301 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.233-1#FAR_52_233_1 https://www.acquisition.gov/far/52.202-1#FAR_52_202_1

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by

EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.-

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-https://www.acquisition.gov/far/52.232-33#FAR_52_232_33 https://www.acquisition.gov/far/52.232-34#FAR_52_232_34 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.212-5#FAR_52_212_5

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if–

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/33.211#FAR_33_211 https://www.acquisition.gov/far/32.607-2#FAR_32_607_2

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C.

1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C.

431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

https://www.acquisition.gov/far/32.608-2#FAR_32_608_2 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) 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:

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

(ii) 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…