RFP package.pdf
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- Purity Specifications, Storage and Distribution for Medications Development Federal contract opportunity
- Solicitation number
- N01DA-22-8961
About this file
This request for proposals solicits offers for purity specifications, storage, and distribution services for medication development. Key details include the following:
The National Institute on Drug Abuse and other NIH institutes require a centralized repository to receive, analyze, and store compounds for evaluation as potential treatment agents, standards, and screening agents. Offerors should propose to serve as the central point for receipt of compounds from domestic and foreign submitters, analyze compounds for purity, and ensure suitability for evaluation in testing paradigms. The base period of performance is July 2022 through July 2023, with four optional one-year extensions. Offerors must submit proposals by February 11, 2022. The solicitation includes pricing terms for the base period and optional quantities. The selected offeror must comply with DEA registration requirements and handle toxic substances as some compounds may be neurotoxins.
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SOLICITATION
SECTION A - SOLICITATION/CONTRACT FORM
1. Requisition or other Purchase Authority: 102-321 as amended
2. Request for Proposal (RFP) Number:
N01DA-22-8961
3. Issue Date:
12/28/2021
4. Set Aside:
[X] No
[ ] Yes See Part IV Section L
5. Title : Purity Specifications, Storage, and Distribution for Medications Development
6. ISSUED BY:
Office of Acquisitions National Institute on Drug Abuse National Institutes of Health 301 N Stonestreet Ave Bethesda, Maryland 20892
7. SUBMIT OFFERS TO:
See Part III, Section J, "Packaging and Delivery of the Proposals for Use with the NIH electronic Contract Proposal Submission (eCPS) Website," ATTACHMENT 1 of this Solicitation.
8. Proposals for furnishing the supplies and/or services in THE SCHEDULE will be received at the place specified in, and in the number of copies specified in Attachment 1, "Packaging and Delivery of the Proposal," until 12 pm local time on February 11th, 2022. Offers will be valid for 120 days unless a different period is specified by the offeror on the Attachment entitled, "Proposal Summary and Data Record, NIH 2043.
9. This solicitation requires delivery of proposals as stated in ATTACHMENT 1, "Packaging and Delivery of the Proposals for Use with the NIH electronic Contract Proposal Submission (eCPS) Website." If proposals are required to be delivered to two different locations, the OFFICIAL POINT OF RECEIPT for determining TIMELY DELIVERY is the eCPS website.
IF YOUR PROPOSAL IS NOT RECEIVED BY THE CONTRACTING OFFICER OR HIS DESIGNEE AT THE PLACE AND TIME SPECIFIED FOR THE OFFICE OF ACQUISITIONS, THEN IT WILL BE CONSIDERED LATE AND HANDLED IN ACCORDANCE WITH subparagraph (c)(3) of FAR Clause 52.215-1, Instructions to Offerors--Competitive Acquisition," LOCATED IN SECTION L.1. OF THIS SOLICITATION.
10. Offeror must be registered in the System for Award Management (SAM) prior to award of a contract. Offerors must access the CCR through The System for Award Management (SAM) at https://www.sam.gov/SAM/.
11. FOR INFORMATION CALL: Polina Klimenkova
PHONE: 301-443-6677
e-MAIL: polina.klimenkova@nih.gov
COLLECT CALLS WILL NOT BE ACCEPTED.
Khurram Shaikh Contracting Officer Office of Acquisitions https://www.sam.gov/SAM/
RFP Number : N01DA-22-8961
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RFP TABLE OF CONTENTS
PART I - THE SCHEDULE
SECTION A - SOLICITATION/CONTRACT FORM
SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS
SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT
SECTION D - PACKAGING, MARKING AND SHIPPING
SECTION E - INSPECTION AND ACCEPTANCE
SECTION F - DELIVERIES OR PERFORMANCE
SECTION G - CONTRACT ADMINISTRATION DATA
SECTION H - SPECIAL CONTRACT REQUIREMENTS
PART II - CONTRACT CLAUSES
PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS
SECTION J - LIST OF ATTACHMENTS
SOLICITATION ATTACHMENTS
TECHNICAL PROPOSAL ATTACHMENTS
BUSINESS PROPOSAL ATTACHMENTS
INFORMATIONAL ATTACHMENTS
PART IV - REPRESENTATIONS AND INSTRUCTIONS
SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS
SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS
1. GENERAL INFORMATION
a. INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION
b. NAICS CODE AND SIZE STANDARD
c. TYPE OF CONTRACT AND NUMBER OF AWARDS
d. ESTIMATE OF EFFORT
e. COMMITMENT OF PUBLIC FUNDS
f. COMMUNICATIONS PRIOR TO CONTRACT AWARD
g. RELEASE OF INFORMATION
h. PREPARATION COSTS
2. INSTRUCTIONS TO OFFERORS
a. GENERAL INSTRUCTIONS
1. Contract Type and General Clauses
2. Authorized Official and Submission of Proposal
3. Proposal Summary and Data Record (NIH-2043)
4. Separation of Technical and Business Proposals
5. Alternate Proposals
6. Evaluation of Proposals
7. Potential Award Without Discussions
8. Use of the Metric System of Measurement
9. Privacy Act - Treatment of Proposal Information
10. Selection of Offerors
11. Institutional Responsibility Regarding Investigator Conflicts of Interest
12. CERTIFICATION REGARDING TAX MATTERS (OCT 2020)
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13. Past Performance Information
14. Electronic Information Technology Accessibility Notice, HHSAR 352.239-73 (December 2015)
15. Solicitation Provisions Incorporated by Reference
b. TECHNICAL PROPOSAL INSTRUCTIONS
1. Technical Discussions
2. Other Considerations
3. Technical Evaluation
4. Obtaining and Disseminating Biomedical Research Resources
c. BUSINESS PROPOSAL INSTRUCTIONS
1. Basic Cost/Price Information
2. Proposal Cover Sheet
3. Information Other than Cost or Pricing Data
4. Requirements for Cost or Pricing Data or Information Other than Cost and Pricing Data
5. Salary Rate Limitation
6. Small Business Subcontracting Plan
7. Mentor Protege Program, HHSAR 352.219-70
8. HUBZone Small Business Concerns
9. Total Compensation Plan
10. Other Administrative Data
11. Qualifications of the Offeror
12. Subcontractors
13. Proposer's Annual Financial Report
14. Travel Costs/Travel Policy
SECTION M - EVALUATION FACTORS FOR AWARD
1. GENERAL
2. COST/PRICE EVALUATION
3. MANDATORY QUALIFICATION CRITERIA
4. EVALUATION OF OPTIONS
5. TECHNICAL EVALUATION FACTORS
6. PAST PERFORMANCE FACTOR
- 4 -
PART I - THE SCHEDULE
THE INFORMATION SET FORTH IN SECTION A - SOLICITATION/CONTRACT FORM, HEREIN CONTAINS IMPORTANT INFORMATION FOR ANY OFFEROR INTERESTED IN RESPONDING TO THIS SOLICITATION.
ANY CONTRACT RESULTING FROM THIS SOLICITATION WILL INCLUDE IN ITS SECTION A - SOLICITATION/ CONTRACT FORM, ACCOUNTING, APPROPRIATION AND GENERAL INFORMATION APPLICABLE TO THE
CONTRACT AWARD.
THE CONTRACT SCHEDULE SET FORTH IN SECTIONS B THROUGH H, HEREIN, CONTAINS CONTRACTUAL INFORMATION PERTINENT TO THIS SOLICITATION. IT IS NOT AN EXACT REPRESENTATION OF THE CONTRACT DOCUMENT THAT WILL BE AWARDED AS A RESULT OF THIS SOLICITATION. THE CONTRACT COST OR PRICE AND OTHER CONTRACTUAL PROVISIONS PERTINENT TO THE OFFEROR (i.e., those relating to the organizational structure [e.g., Non-Profit, Commercial] and specific cost authorizations unique to the Offeror's proposal and requiring Contracting Officer Prior Approval) WILL BE DISCUSSED IN THE NEGOTIATION PROCESS IF NECESSARY AND WILL BE INCLUDED IN THE RESULTANT CONTRACT. THE ENCLOSED CONTRACT SCHEDULE IS INTENDED TO PROVIDE THE OFFEROR WITH THE NECESSARY INFORMATION
TO UNDERSTAND THE TERMS AND CONDITIONS OF THE RESULTANT CONTRACT.
SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS
ARTICLE B.1. BRIEF DESCRIPTION OF SUPPLIES OR SERVICES
The Division of Therapeutics and Medical Consequences (DTMC) of the National Institute on Drug Abuse (NIDA) supports research and development of new medications for the treatment of drug addiction. The objective of this contract is to provide NIDA and other NIH Institutes (NINDS and NIMH) with a a centralized confidential repository of compounds for evaluation as potential treatment agents, standards and screening agents. The Contractor shall serve as the central point for receipt of compounds from various domestic and foreign compound submitters. As part of their duties, the Contractor will analyze the compounds received for purity, in order to ensure that they are suitable for evaluation in NIDA's testing paradigms. As some of the compounds in the testing programs may be neurotoxins, the Contractor must have the capability, resources and staff to handle toxic substances. In accordance with the Controlled Substances Act of 1970, DEA Research Registration for Schedules II to V and potentially Schedule I controlled substances is required.
ARTICLE B.2. PRICES/COSTS
The final contract will contain the price/cost provisions agreed upon by the Government and the Offeror.
ARTICLE B.3. ESTIMATED COST - OPTION
a. The estimated cost of the Base Period of this contract is $ .
b. The fixed fee for the Base Period of this contract is $ . The fixed fee shall be paid in installments based on the percentage of completion of work, as determined by the Contracting Officer. Payment shall be subject to the withholding provisions of the clauses ALLOWABLE COST AND PAYMENT and FIXED FEE referenced in the General Clause Listing in Part II, ARTICLE I.1. of this contract.
c. The total estimated amount of the contract, represented by the sum of the estimated cost plus the fixed fee for the Base Period is $ .
d. If the Government exercises its option pursuant to the OPTION PROVISION Article in SECTION H of this contract, the Government's total estimated contract amount represented by the sum of the estimated cost plus the fixed fee will be increased as follows:
Option Periods:
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Estimated Cost ($) Fixed Fee ($) Estimated Cost Plus
Fixed Fee ($)
Base Period (Contract Year 1)
Option Period(s):
Option Period 1 (Contract Year 2)
Option Period 2 (Contract Year 3)
Option Period 3 (Contract Year 4)
Option Period 4 (Contract Year 5)
Total [Base Period and Option(s)]
Option Quantities:
Estimated Cost ($) Fixed Fee ($) Estimated Cost Plus
Fixed Fee ($)
Option Quantity 1 - Receipt of Compounds by Non-Incumbent Contractor (Exercise 1x)
Base Period (Contract Year 1)
Option Quantity 2 - Receipt and Storage of Additional Compounds (up to 5x/year)
Base Period (Contract Year 1)
Option Period 1 (Contract Year 2)
Option Period 2 (Contract Year 3)
Option Period 3 (Contract Year 4)
Option Period 4 (Contract Year 5)
Option Quantity 2A - Receipt and Storage of Additional Compounds (up to 6x/year)
Base Period (Contract Year 1)
Option Period 1 (Contract Year 2)
Option Period 2 (Contract Year 3)
Option Period 3 (Contract Year 4)
Option Period 4 (Contract Year 5)
Option Quantity 2B - Receipt and Storage of Additional Compounds (up to 10x/year)
Base Period (Contract Year 1)
Option Period 1 (Contract Year 2)
Option Period 2 (Contract Year 3)
Option Period 3 (Contract Year 4)
Option Period 4 (Contract Year 5)
Option Quantity 3 - Additional TLC Analyses (up to 5x/year)
Base Period (Contract Year 1)
Option Period 1 (Contract Year 2)
Option Period 2 (Contract Year 3)
Option Period 3 (Contract Year 4)
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Estimated Cost ($) Fixed Fee ($) Estimated Cost Plus
Fixed Fee ($)
Option Period 4 (Contract Year 5)
Option Quantity 4 - General Chromatography Analyses (up to 10x/year)
Base Period (Contract Year 1)
Option Period 1 (Contract Year 2)
Option Period 2 (Contract Year 3)
Option Period 3 (Contract Year 4)
Option Period 4 (Contract Year 5)
Option Quantity 5 - Additional MS Analyses (up to 5x/year)
Base Period (Contract Year 1)
Option Period 1 (Contract Year 2)
Option Period 2 (Contract Year 3)
Option Period 3 (Contract Year 4)
Option Period 4 (Contract Year 5)
Option Quantity 6 - Additional NMR Analyses (up to 10x/year)
Base Period (Contract Year 1)
Option Period 1 (Contract Year 2)
Option Period 2 (Contract Year 3)
Option Period 3 (Contract Year 4)
Option Period 4 (Contract Year 5)
Option Quantity 7 - Optical Rotation Analyses (up to 5x/year)
Base Period (Contract Year 1)
Option Period 1 (Contract Year 2)
Option Period 2 (Contract Year 3)
Option Period 3 (Contract Year 4)
Option Period 4 (Contract Year 5)
Option Quantity 8 - Additional Shipments* (up to 5x/year)
Base Period (Contract Year 1)
Option Period 1 (Contract Year 2)
Option Period 2 (Contract Year 3)
Option Period 3 (Contract Year 4)
Option Period 4 (Contract Year 5)
Option Quantity 8A - Additional Shipments* (up to 15x/year)
Base Period (Contract Year 1)
Option Period 1 (Contract Year 2)
Option Period 2 (Contract Year 3)
Option Period 3 (Contract Year 4)
Option Period 4 (Contract Year 5)
Option Quantity 8B - Additional Shipments* (up to 10x/year)
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Estimated Cost ($) Fixed Fee ($) Estimated Cost Plus
Fixed Fee ($)
Base Period (Contract Year 1)
Option Period 1 (Contract Year 2)
Option Period 2 (Contract Year 3)
Option Period 3 (Contract Year 4)
Option Period 4 (Contract Year 5)
Option Quantity 9A - Additional Shipments (Domestic)* (up to 5x/year)
Base Period (Contract Year 1)
Option Period 1 (Contract Year 2)
Option Period 2 (Contract Year 3)
Option Period 3 (Contract Year 4)
Option Period 4 (Contract Year 5)
Option Quantity 9B - Additional Shipments (International)* (up to 5x/year)
Base Period (Contract Year 1)
Option Period 1 (Contract Year 2)
Option Period 2 (Contract Year 3)
Option Period 3 (Contract Year 4)
Option Period 4 (Contract Year 5)
Option Quantity 10 - Microtiter Shipments (up to 5x/year)
Base Period (Contract Year 1)
Option Period 1 (Contract Year 2)
Option Period 2 (Contract Year 3)
Option Period 3 (Contract Year 4)
Option Period 4 (Contract Year 5)
Option Quantity 11(1) - Purchase Commercial Compounds (up to 5x/year)
Base Period (Contract Year 1)
Option Period 1 (Contract Year 2)
Option Period 2 (Contract Year 3)
Option Period 3 (Contract Year 4)
Option Period 4 (Contract Year 5)
Option Quantity 11(2) - Purchase Commercial Compounds (up to 5x/year)
Base Period (Contract Year 1)
Option Period 1 (Contract Year 2)
Option Period 2 (Contract Year 3)
Option Period 3 (Contract Year 4)
Option Period 4 (Contract Year 5)
Option Quantity 11(3) - Purchase Commercial Compounds (up to 5x/year)
Base Period (Contract Year 1)
Option Period 1 (Contract Year 2)
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Estimated Cost ($) Fixed Fee ($) Estimated Cost Plus
Fixed Fee ($)
Option Period 2 (Contract Year 3)
Option Period 3 (Contract Year 4)
Option Period 4 (Contract Year 5)
Option Quantity 12 - Transition Support (Exercise 1x)
Final Contract Year
Quantity Option Total
Total [Base Period and Option
Periods]
ARTICLE B.4. PROVISIONS APPLICABLE TO DIRECT COSTS
This article will prohibit or restrict the use of contract funds, unless otherwise approved by the Contracting Officer. The following is a list of items that may be included in the resultant contract as applicable. 1) Conferences & Meetings, 2) Food for Meals, Light Refreshments & Beverages, 3) Promotional Items, 4) Acquisition, by purchase or lease, of any interest in real property; 5) Special rearrangement or alteration of facilities; 6) Purchase or lease of any item of general purpose office furniture or office equipment regardless of dollar value; 7) Travel Costs including Foreign Travel; 8) Consultant Costs; 9) Subcontract Costs; 10) Patient Care Costs; 11) Accountable Government Property; 12) Printing costs; and 13) Research Funding.
ARTICLE B.5. ADVANCE UNDERSTANDINGS
Specific elements of cost, which normally require prior written approval of the Contracting Officer before incurrence of the cost (e.g., foreign travel, consultant fees, subcontracts) will be included in this Article if the Contracting Officer has granted his/her approval prior to contract award.
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SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT
ARTICLE C.1. STATEMENT OF WORK
a. Independently and not as an agent of the Government, the Contractor shall be required to furnish all the necessary services, qualified personnel, material, equipment, and facilities, not otherwise provided by the Government, as needed to perform the Statement of Work, attached hereto and made a part of this Solicitation (See SECTION J - List of Attachments).
ARTICLE C.2. REPORTING REQUIREMENTS
All reports required herein shall be submitted in electronic format in accordance with Article F.2 Deliveries.
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."
a. Technical Progress Reports
In addition to the required reports set forth elsewhere in this Schedule, the preparation and submission of regularly recurring Technical Progress Reports will be required in any contract resulting from this solicitation. These reports will require descriptive information about the activities undertaken during the reporting period and will require information about planned activities for future reporting periods. The frequency and specific content of these reports will be determined prior to contract award. [Note: Beginning May 25, 2008, the Contractor shall include the applicable PubMed Central or NIH Manuscript Submission reference number when citing publications that arise from its NIH funded research.]
For proposal preparation purposes only, it is estimated these electronic reports will be required as follows and as directed in ARTICLE F.2.:
[X] Monthly [X] Analysis [ ] Semi-Annually [X] Annually (if options are exercised) [ ] Annually (with a requirement for a Draft Annual Report) [X] Final - Upon final completion of the contract [ ] Final - Upon final completion of the contract (with a requirement for a Draft Final Report)
Monthly Reports Each monthly report shall contain a table listing quantity of each test performed and quantity of shipments to and from facility. The report must also include a paragraph giving a synopsis of the contract for the past month. The first reporting period shall consist of a part of the initial month (depending on the contract start date). Thereafter, the reporting period shall consist of each calendar month. A monthly report will be required for the period when an annual or final report is due. One copy of the monthly report must be provided to the Contracting Officer's Representative
(COR).
Analysis Reports Each analysis report shall contain the raw data from the test. The written analysis of the test must contain details of how the test was conducted and any conclusions that can be determined from the test. One copy of the analysis report must be provided to the COR.
http://www.hhs.gov/web/508/index.html
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Annual Report (If Option Periods Exercised) Each annual report shall contain copies of the Monthly Reports and Analysis Reports from the past twelve months.
The report shall also contain a synopsis of the contract for the past twelve months.The report shall be in sufficient detail to describe comprehensively the results achieved. An annual report will not be required for the period when the final report is due. One copy each of the annual report must be provided to the COR and Contracting Officer (CO).
NOTE: The copy of the Annual Report provided to the CO and shall only contain a synopsis of the contract for the past twelve months. The report shall not contain generic names of compounds or compound submitters or their information so as to unblind the compound's identity or origination.
Final Report The final report shall contain all information contained in the Annual Report(s) to the COR and a synopsis of the entire contract period. The report shall be in sufficient detail to describe comprehensively the results achieved. One copy each of the final report must be provided to the COR and CO.
NOTE: The copy of the Final Report provided to the CO only contain a synopsis of the contract. The report shall not contain generic names of compounds or compound submitters or their information so as to unblind the compound's identity or origination.
Summary of Salient Results
The Contractor will be required to prepare and submit, with the final report, a summary (not to exceed 200 words) of salient results achieved during the performance of the contract. This report will be required on or before the expiration date of the contract.
b. Other Reports/Deliverables
1. Reporting of Financial Conflict of Interest (FCOI)
All reports and documentation required by 45 CFR Part 94, Responsible Prospective Contractors including, but not limited to, the New FCOI Report, Annual FCOI Report, Revised FCOI Report, and the Mitigation Report, shall be submitted to the Contracting Officer in Electronic format. Thereafter, reports shall be due in accordance with the regulatory compliance requirements in 45 CFR Part 94.
45 CFR Part 94 is available at: http://www.ecfr.gov/cgi-bin/text-idx?
c=ecfr&SID=0af84ca649a74846f102aaf664da1623&rgn=div5&view=text&node=45:1.0.1.1.51&idno=45.
See Part 94.5, Management and reporting of financial conflicts of interest for complete information on reporting requirements.
(Reference subparagraph g. of the INSTITUTIONAL RESPONSIBILITY REGARDING INVESTIGATOR FINANCIAL CONFLICTS OF INTEREST Article in SECTION H of this contract.)
INFORMATION AND/OR PHYSICAL SECURITY
The Contractor shall submit the following reports as required by the INFORMATION AND PHYSICAL ACCESS SECURITY Article in SECTION H of this contract.
A. SA&A Package Deliverables - The Contractor (and/or any subcontractor) shall provide an SA&A package within 30 days of contract award to the CO and/or COR. The following SA&A deliverables are required to complete the SA&A package.
● System Security Plan (SSP) - due within 30 days after contract award. The SSP shall comply with the NIST SP 800-18, Guide for Developing Security Plans for Federal Information Systems, the Federal Information Processing Standard (FIPS) 200, Recommended Security Controls for Federal Information Systems, and NIST SP 800-53, Security and Privacy Controls for Federal Information Systems and Organizations applicable baseline requirements, and other applicable NIST guidance as well as HHS and NIH policies and other guidance. The SSP shall be consistent with and detail the approach to IT security contained in the Contractor's http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&SID=0af84ca649a74846f102aaf664da1623&rgn=div5&view=text&node=45:1.0.1.1.51&idno=45 http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&SID=0af84ca649a74846f102aaf664da1623&rgn=div5&view=text&node=45:1.0.1.1.51&idno=45
- 11 -bid or proposal that resulted in the award of this contract. The SSP shall provide an overview of the system environment and security requirements to protect the information system as well as describe all applicable security controls in place or planned for meeting those requirements. It should provide a structured process for planning adequate, cost-effective security protection for a system. The Contractor shall update the SSP at least annually thereafter.
● Privacy Threshold Analysis (PTA)/ Privacy Impact Assessment (PIA) - The Contractor shall assist the NIH Office of the Senior Official for Privacy (SOP) or designee with conducting a PTA for the information system and/or information handled under this contract to determine whether or not a full PIA needs to be completed. The NIH PIA guide is located at https://oma.od.nih.gov/forms/Privacy%20Documents/Documents/ NIH%20PIA%20Guide.pdf.
a. If the results of the PTA show that a full PIA is needed, the Contractor shall assist the OpDiv SOP or designee with completing a PIA for the system or information within 60 calendar days after completion of the PTA and in accordance with HHS policy and OMB M-03-22, Guidance for Implementing the Privacy Provisions of the E- Government Act of 2002.
b. The Contractor shall assist the NIH Office of the SOP or designee in reviewing the PIA at least every three years throughout the system development lifecycle (SDLC)/information lifecycle, or when determined by the agency that a review is required based on a major change to the system, or when new types of PII are collected that introduces new or increased privacy risks, whichever comes first.
● FIPS 199 Assessment The Contractor shall submit a FIPS 199 Assessment within thirty (30) days after contract award. The FIPS 199 Assessment shall be consistent with the cited NIST standard.
● E-Authentication Questionnaire - The contractor (and/or any subcontractor) shall collaborate with government personnel to ensure that an E-Authentication Threshold Analysis (E-auth TA) is completed to determine if a full E-Authentication Risk Assessment (E-auth RA) is necessary. System documentation developed for a system using E-auth TA/E-auth RA methods shall follow OMB 04-04 and NIST SP 800-63, Rev. 2, Electronic Authentication Guidelines.
Based on the level of assurance determined by the E-Auth, the Contractor (and/or subcontractor) must ensure appropriate authentication to the system, including remote authentication, is in-place in accordance with the assurance level determined by the E-Auth (when required) in accordance with HHS policies.
B. SENSITIVITY DESIGNATIONS
All Contractor (and/or any subcontractor) employees must obtain a background investigation commensurate with their position sensitivity designation that complies with Parts 1400 and 731 of Title 5, Code of Federal Regulations (CFR). The following position sensitivity designation levels apply to this solicitation/contract:
[ ] Level 6: Public Trust - High Risk. Contractor/subcontractor employees assigned to Level 6 positions shall undergo a Suitability Determination and Background Investigation (MBI).
[X] Level 5: Public Trust - Moderate Risk. Contractor/subcontractor employees assigned to Level 5 positions with no previous investigation and approval shall undergo a Suitability Determination and a Minimum Background Investigation (MBI), or a Limited Background Investigation (LBI).
[ ] Level 1: Non-Sensitive. Contractor/subcontractor employees assigned to Level 1 positions shall undergo a Suitability Determination and National Check and Inquiry Investigation (NACI).
ARTICLE C.3. INVENTION REPORTING REQUIREMENT
All reports and documentation required by FAR Clause 52.227-11, Patent Rights-Ownership by the Contractor including, but not limited to, the invention disclosure report, the confirmatory license, and the Government support certification, shall be directed to the Division of Extramural Inventions and Technology Resources (DEITR), OPERA, OER, NIH, 6705 Rockledge Drive, Suite 310, MSC 7980, Bethesda, Maryland 20892-7980 (Telephone: 301-435-1986). In addition, one copy of an annual utilization report, and a copy of the final invention statement, shall be submitted to the Contracting Officer. The final invention statement (see FAR 27.303(b)(2)(ii)) shall be submitted to the Contracting Officer and the Contract Specialiston the expiration date of the contract.
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The annual utilization report shall be submitted in accordance with the DELIVERIES Article in SECTION F of this contract. The final invention statement (see FAR 27.303(b)(2)(ii)) shall be submitted on the expiration date of the contract. All reports shall be sent to the Contracting Officer and the Contract Specialist electronically.
If no invention is disclosed or no activity has occurred on a previously disclosed invention during the applicable reporting period, a negative report shall be submitted to the Contracting Officer and the Contract Specialist.
To assist contractors in complying with invention reporting requirements of the clause, the NIH has developed "Interagency Edison," an electronic invention reporting system. Use of Interagency Edison is required as it streamlines the reporting process and greatly reduces paperwork. Access to the system is through a secure interactive Web site to ensure that all information submitted is protected. Interagency Edison and information relating to the capabilities of the system can be obtained from the Web ( http://www.iedison.gov), or by contacting the Extramural Inventions and Technology Resources Branch, OPERA, NIH.
http://www.iedison.gov
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SECTION D - PACKAGING, MARKING AND SHIPPING
All deliverables required under this contract shall be packaged, marked and shipped in accordance with Government specifications. At a minimum, all deliverables shall be marked with the contract number and Contractor name. The Contractor shall guarantee that all required materials shall be delivered in immediate usable and acceptable condition.
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SECTION E - INSPECTION AND ACCEPTANCE
a. The Contracting Officer or the duly authorized representative will perform inspection and acceptance of materials and services to be provided.
b. For the purpose of this SECTION, the Contracting Officer's Representative is the authorized representative of the Contracting Officer.
c. Inspection and acceptance will be performed at:
National Institute on Drug Abuse National Institutes of Health Bethesda, Maryland 20852
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 52.246-9, Inspection of Research and Development (Short Form) (April 1984).
FAR Clause 52.246-16, Responsibility for Supplies (April 1984).
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SECTION F - DELIVERIES OR PERFORMANCE
ARTICLE F.1. PERIOD OF PERFORMANCE
a. The period of performance of this contract shall be from July 2022 through July 2023.
b. If the Government exercises its option(s) pursuant to the OPTION PROVISION Article in Section H of this contract, the period of performance will be increased as listed below:
Option Option Period Option Period 1 (Contract Year 2)
July 2023 - July 2024
Option Period 2 (Contract Year 3)
July 2024 - July 2025
Option Period 3 (Contract Year 4)
July 2025 - July 2026
Option Period 4 (Contract Year 5)
July 2026 - July 2027
ARTICLE F.2. DELIVERIES
Satisfactory performance of the final contract shall be deemed to occur upon performance of the work described in the Statement of Work Article in SECTION C of this contract and upon delivery and acceptance by the Contracting Officer, or the duly authorized representative, of the following items in accordance with the stated delivery schedule:
a. The items specified below as described in the REPORTING REQUIREMENTS Article in SECTION C of this contract will be required to be delivered electronically in accordance with and by the date(s) specified below:
Item Description Quantity Delivery Schedule Place of Delivery
1 Monthly Report 1 Within 5 working days after the end of each contract month/period
COR
2 Analysis Report 1 Within 2 working days after completion of analysis
COR
3 Annual Report (if Option Periods exercised)
2 Within 15 working days after the end of each contract year 1 through 4.
COR, CO
4 Final Report with Summary of Salient Results
2 On or before end of contract. COR, CO
5 Reporting of Financial Conflict of Interest (FCOI)
1 See Article C.2(b)(1) CO
6 FIPS 199 Assessment 2 30 calendar days after contract award COR, CO
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Item Description Quantity Delivery Schedule Place of Delivery
7 Roster of Employees Requiring Suitability Investigations
2 14 days after contract award; 15 calendar days after staffing revisions
COR, CO
8 Reporting of New and Departing Employees
2 Within 5 days of any staffing changes COR, CO
9 E-Authentication Threshold Analysis (ETA) / E- Authentication Risk Assessment (ERA)
2 Within 30 days of contract award COR, CO
10 System Security Plan (SSP) 2 Within 30 days of contract award and updated annually from contract award date if option periods are exercised.
COR, CO
11 Privacy Threshold Analysis (PTA) / Privacy Impact Assessment (PIA)
2 Within 30 days of contract award and updated annually from contract award date if option periods are exercised.
COR, CO
12 Non-Disclosure Agreements 2 Within 14 days after contract award and updated within 15 calendar days after staffing revisions.
COR, CO
13 Section 508 Annual Report 2 One year after contract award and updated annually from contract award date if option periods are exercised.
COR, CO
14 Invention Report - Annual Utilization Report
1 One year after contract award and annually from contract award date if option periods are exercised.
CO
15 Invention Report - Final Invention Statement
1 On or before end of contract. CO
- 17 -
ARTICLE F.3. CLAUSES INCORPORATED BY REFERENCE, FAR 52.252-2 (FEBRUARY
1998)
This contract incorporates the following clause(s) by reference, with the same force and effect as if it were given in full text. Upon request, the Contracting Officer will make its full text available. Also, the full text of a clause may be accessed electronically at this address: https://www.acquisition.gov/?q=browsefar.
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSE:
52.242-15, Stop Work Order (August 1989) with Alternate I (April 1984).
https://www.acquisition.gov/?q=browsefar
- 18 -
SECTION G - CONTRACT ADMINISTRATION DATA
ARTICLE G.1. CONTRACTING OFFICER'S REPRESENTATIVE (COR)
The following Contracting Officer's Representative (COR) will represent the Government for the purpose of this contract:
[To be specified prior to award]
The COR is responsible for: (1) monitoring the Contractor's technical progress, including the surveillance and assessment of performance and recommending to the Contracting Officer changes in requirements; (2) interpreting the statement of work and any other technical performance requirements; (3) performing technical evaluation as required; (4) performing technical inspections and acceptances required by this contract; and (5) assisting in the resolution of technical problems encountered during performance.
The alternate COR is responsible for carrying out the duties of the COR only in the event that the COR can no longer perform his/her duties as assigned.
The Contracting Officer is the only person with authority to act as agent of the Government under this contract. Only the Contracting Officer has authority to: (1) direct or negotiate any changes in the statement of work; (2) modify or extend the period of performance; (3) change the delivery schedule; (4) authorize reimbursement to the Contractor for any costs incurred during the performance of this contract; (5) otherwise change any terms and conditions of this contract; or (6) sign written licensing agreements. Any signed agreement shall be incorporated by reference in Section K of the contract
The Government may unilaterally change its COR designation.
ARTICLE G.2. KEY PERSONNEL, HHSAR 352.237-75 (December 2015)
The key personnel specified in this contract are considered to be essential to work performance. At least 30 days prior to the contractor voluntarily diverting any of the specified individuals to other programs or contracts the Contractor shall notify the Contracting Officer and shall submit a justification for the diversion or replacement and a request to replace the individual. The request must identify the proposed replacement and provide an explanation of how the replacement's skills, experience, and credentials meet or exceed the requirements of the contract (including, when applicable, Human Subjects Testing requirements). If the employee of the contractor is terminated for cause or separates from the contractor voluntarily with less than thirty days notice, the Contractor shall provide the maximum notice practicable under the circumstances. The Contractor shall not divert, replace, or announce any such change to key personnel without the written consent of the Contracting Officer. The contract will be modified to add or delete key personnel as necessary to reflect the agreement of the parties.
(End of Clause)
The following individual(s) is/are considered to be essential to the work being performed hereunder:
Name Title
TBD
ARTICLE G.3. INVOICE SUBMISSION AND CONTRACT FINANCIAL REPORT
a. Invoice Submission Instructions for NIH Cost-Reimbursement Type Contracts, NIH(RC)-1, are attached and made part of this contract. The Contractor shall follow the attached instructions and submission procedures specified below to meet the requirements of a "proper invoice" pursuant to FAR Subpart 32.9, Prompt Payment.
- 19 -
1. The Contractor shall submit invoice to the National Institutes of Health (NIH)/Office of Financial Management (OFM) via email at invoicing@nih.gov with a copy to the approving official, as directed below. The Contractor must follow step-by-step instructions as stated in the NIH/OFM Electronic Invoicing Instructions for NIH Contractors/Vendors , which is included as an attachment in Section J of this contract. The invoice shall be transmitted as an attachment via email to the address listed above in one of the following formats: Word, or Adobe Portable Document Format (PDF). The Contractor must submit only one invoice per email. Do not submit supporting documentation (e.g., receipts, time sheets, vendor invoices, etc.) with your invoice unless specified elsewhere in the contract or requested by the Contracting Officer.
The Contractor shall submit a copy of the electronic invoice to the following Approving Official (Contracting Officer) and Contracting Officer's Representative:
Approving Official: Contracting Officer
Name- TBD Email Address-
Contracting Officer's Representative
Name- TBD Email Address-
For inquiries regarding the status of invoices, contact OFM Customer Service via email at ofm_customer_service@incontactemail.com or via phone at 301-496-6088. To send your inquiries via other available communication methods refer to the OFM Customer Service website at https:// ofm.od.nih.gov/Pages/Customer-Service.aspx .
Note: The OFM Customer Service is open Eastern Standard Time Monday - Friday from 8:30 a.m. to 5:00 p.m. and is closed between 12:00 p.m. to 1:00 p.m.
2. In addition to the requirements specified in FAR 32.905 for a proper invoice, the Contractor shall include the following information on the face page of all payment requests:
a. Name of the Office of Acquisitions. The Office of Acquisitions for this contract is NIDA .
b. Federal Taxpayer Identification Number (TIN). If the Contractor does not have a valid TIN, it shall identify the Vendor Identification Number (VIN) on the payment request. The VIN is the number that appears after the Contractor's name on the face page of the contract. [Note: A VIN is assigned to new contracts awarded on or after June 4, 2007, and any existing contract modified to include the VIN number.] If the Contractor has neither a TIN, DUNS, or VIN, contact the Contracting Officer.
c. DUNS or DUNS+4 Number. The DUNS number must identify the Contractor's name and address exactly as stated in the contract and as registered in the Central Contractor Registration (CCR) database. If the Contractor does not have a valid DUNS number, it shall identify the Vendor Identification Number (VIN) on the payment request. The VIN is the number that appears after the Contractor's name on the face page of the contract. [Note: A VIN is assigned to new contracts awarded on or after June 4, 2007, and any existing contract modified to include the VIN number.] If the Contractor has neither a TIN, DUNS, or VIN, contact the Contracting Officer. Note: The Contractor shall not include TIN if it is a Social Security Number.
d. Invoice Matching Option. This contract requires a two-way match.
e. Unique Invoice Number. Each payment request must be identified by a unique invoice number, which can only be used one time regardless of the number of contracts or orders held by an organization.
f. The Contract Title is:
https://ofm.od.nih.gov/Pages/Home.aspx https://ofm.od.nih.gov/Pages/Home.aspx mailto:invoicing@nih.gov https://oamp.od.nih.gov/DGS/DGS-workform-information/attachment-files https://oamp.od.nih.gov/DGS/DGS-workform-information/attachment-files mailto:OFM%20Customer%20Service mailto:ofm_customer_service@incontactemail.com https://ofm.od.nih.gov/Pages/Customer-Service.aspx https://ofm.od.nih.gov/Pages/Customer-Service.aspx
- 20 -
Purity Specifications, Storage and Distribution for Medications
g. Contract Line Items as follows:
Line Item # Line Item Description
b. The Contractor shall include the following certification on every invoice for reimbursable costs incurred with Fiscal Year funds subject to HHSAR Clause 352.231-70, Salary Rate Limitation in SECTION I of this contract.
For billing purposes, certified invoices are required for the billing period during which the applicable Fiscal Year funds were initially charged through the final billing period utilizing the applicable Fiscal Year funds:
"I hereby certify that the salaries charged in this invoice are in compliance with HHSAR Clause 352.231-70, Salary Rate Limitation in SECTION I of the above referenced contract."
ARTICLE G.4. PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS
SUBCONTRACTORS, FAR 52.232-40 (December 2013)
a. Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.
b. The acceleration of payments under this clause does not provide any new rights under the prompt Payment Act.
c. Include the substance of this clause, include this paragraph c, in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.
(End of Clause)
ARTICLE G.5. INDIRECT COST RATES
In accordance with Federal Acquisition Regulation (FAR) (48 CFR Chapter 1) Clause 52.216-7 (d)(2), Allowable Cost and Payment incorporated by reference in this contract in PART II, SECTION I, the cognizant Contracting Officer representative responsible for negotiating provisional and/or final indirect cost rates is identified as follows:
Director, Division of Financial Advisory Services Office of Acquisition Management and Policy National Institutes of Health
6011 EXECUTIVE BLVD, ROOM 549C, MSC-7663
BETHESDA MD 20892-7663
These rates are hereby incorporated without further action of the Contracting Officer.
ARTICLE G.6. POST AWARD EVALUATION OF CONTRACTOR PERFORMANCE
a. Contractor Performance Evaluations
Interim and Final evaluations of Contractor performance will be prepared on this contract in accordance with FAR Subpart 42.15. The Final performance evaluation will be prepared at the time of completion of work. In
- 21 -addition to the Final evaluation, Interim evaluation(s) will be prepared Annually as follows on the anniversary of contract award if Option Periods are exercised.
Interim and Final evaluations will be provided to the Contractor as soon as practicable after completion of the evaluation. The Contractor will be permitted fourteen days to review the document and to submit additional information or a rebutting statement. If agreement cannot be reached between the parties, the matter will be referred to an individual one level above the Contracting Officer, whose decision will be final.
Copies of the evaluations, Contractor responses, and review comments, if any, will be retained as part of the contract file, and may be used to support future award decisions.
b. Electronic Access to Contractor Performance Evaluations
Contractors may access evaluations through a secure Web site for review and comment at the following address:
http://www.cpars.gov
[The remainder of this page is intentionally left blank]
ARTICLE G.7. GOVERNMENT PROPERTY
If this RFP will result in the acquisition or use of Government Property provided by the contracting agency or if the Contracting Officer authorizes in the preaward negotiation process, the acquisition of property (other than real property), this ARTICLE will include applicable provisions and incorporate the HHS Publication, entitled, "HHS Contracting Guide for Contract of Government Property," which can be found at: http://oamp.od.nih.gov/sites/default/ files/appendix_q_hhs_contracting_guide.pdf.
http://www.cpars.gov http://oamp.od.nih.gov/sites/default/files/appendix_q_hhs_contracting_guide.pdf http://oamp.od.nih.gov/sites/default/files/appendix_q_hhs_contracting_guide.pdf
- 22 -
SECTION H - SPECIAL CONTRACT REQUIREMENTS
ARTICLE H.1. HUMAN SUBJECTS
It is hereby understood and agreed that research involving human subjects shall not be conducted under this contract, and that no material developed, modified, or delivered by or to the Government under this contract, or any subsequent modification of such material, will be used by the Contractor or made available by the Contractor for use by anyone other than the Government, for experimental or therapeutic use involving humans without the prior written approval of the Contracting Officer.
ARTICLE H.2. NIH POLICY ON ENHANCING REPRODUCIBILITY THROUGH RIGOR AND
TRANSPARENCY
Contractors shall adhere to the NIH policy of enhancing reproducibility through rigor and transparency by addressing each of the four areas of the policy in performance of the Statement of Work and in publications, as applicable:
1) Scientific Premise; 2) Scientific Rigor; 3) Consideration of Relevant Biological Variables, including Sex; and 4) Authentication of Key Biological and/or Chemical Resources. This policy applies to all NIH funded research and development, from basic through advanced clinical studies. See NIH Guide Notice, NOT-OD-15-103, "Enhancing Reproducibility through Rigor and Transparency" and NOT-OD-15-102, "Consideration of Sex as a Biological Variable in NIH-funded Research" for more information. In addition, publications are expected to follow the guidance at http:// www.nih.gov/research-training/rigor-reproducibility/principles-guidelines-reporting-preclinical-research, whether preclinical or otherwise, as appropriate. More information is available at http://grants.nih.gov/reproducibility/index.htm, including FAQs and a General Policy Overview.
ARTICLE H.3. NIH POLICY ON ENHANCING PUBLIC ACCESS TO ARCHIVED
PUBLICATIONS RESULTING FROM NIH-FUNDED RESEARCH
NIH-funded investigators shall submit to the NIH National Library of Medicine's (NLM) PubMed Central (PMC) an electronic version of the author's final manuscript, upon acceptance for publication, resulting from research supported in whole or in part with direct costs from NIH. NIH defines the author's final manuscript as the final version accepted for journal publication, and includes all modifications from the publishing peer review process. The PMC archive will preserve permanently these manuscripts for use by the public, health care providers, educators, scientists, and NIH.
The Policy directs electronic submissions to the NIH/NLM/PMC: http://www.pubmedcentral.nih.gov.
Additional information is available at http://grants.nih.gov/grants/guide/notice-files/NOT-OD-09-071.html and http:// publicaccess.nih.gov.
ARTICLE H.4. ACKNOWLEDGEMENT OF FEDERAL FUNDING
The Contractor shall clearly state, when issuing statements, press releases, requests for proposals, bid solicitations and other documents describing projects or programs funded in whole or in part with Federal money: (1) the percentage of the total costs of the program or project which will be financed with Federal money; (2) the dollar amount of Federal funds for the project or program; and (3) the percentage and dollar amount of the total costs of the project or program that will be financed by nongovernmental sources.
ARTICLE H.5. LIMITATION ON USE OF FUNDS FOR PROMOTION OF LEGALIZATION OF
CONTROLLED SUBSTANCES
The Contractor shall not use contract funds to support activities that promote the legalization of any drug or other substance included in schedule I of the schedules of controlled substances established under section 202 of the Controlled Substances Act, except for normal and recognized executive-congressional communications. This limitation shall not apply when the Government determines that there is significant medical evidence of a therapeutic http://grants.nih.gov/grants/guide/notice-files/NOT-OD-15-103.html http://grants.nih.gov/grants/guide/notice-files/NOT-OD-15-102.html http://www.nih.gov/research-training/rigor-reproducibility/principles-guidelines-reporting-preclinical-research http://www.nih.gov/research-training/rigor-reproducibility/principles-guidelines-reporting-preclinical-research http://grants.nih.gov/reproducibility/index.htm http://www.pubmedcentral.nih.gov http://grants.nih.gov/grants/guide/notice-files/NOT-OD-09-071.html http://publicaccess.nih.gov http://publicaccess.nih.gov
- 23 -advantage to the use of such drug or other substance or that federally sponsored clinical trials are being conducted to determine therapeutic advantage.
ARTICLE H.6. DISSEMINATION OF FALSE OR DELIBERATELY MISLEADING INFORMATION
The Contractor shall not use contract funds to disseminate information that is deliberately false or misleading.
ARTICLE H.7. RESTRICTION ON PORNOGRAPHY ON COMPUTER NETWORKS
The Contractor shall not use contract funds to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography.
ARTICLE H.8. GUN CONTROL
The Contractor shall not use contract funds in whole or in part, to advocate or promote gun control.
ARTICLE H.9. OPTION PROVISION
Unless the Government exercises its option pursuant to the Option Clause set forth in SECTION I., the contract will consist only of the Base Period of the Statement of Work as defined in Sections C and F of the contract. Pursuant to FAR Clause 52.217-7, Option for Increased Quantity -- Separately Priced Line Item (Mar 1989), FAR 52.217-8 Option to Extend Services (Nov 1999) and FAR Clause 52.217-9, Option to Extend the Term of the Contract (Mar 2000) set forth in SECTION I. of this contract, the Government may, by unilateral contract modification, require the Contractor to perform additional options set forth in the Statement of Work and also defined in Sections C and F of the contract.
If the Government exercises this option, notice must be given at least 30 days prior to the expiration date of this contract, and the estimated cost plus fixed fee of the contract will be increased as set forth in the ESTIMATED COST Article in SECTION B of this contract.
ARTICLE H.10. SUBCONTRACTING PROVISIONS
a. Small Business Subcontracting Plan
1. The Small Business Subcontracting Plan, dated [to be inserted at time of award] is attached hereto and made a part of this contract.
2. The failure of any Contractor or subcontractor to comply in good faith with FAR Clause 52.219-8, entitled "Utilization of Small Business Concerns" incorporated in this contract and the attached Subcontracting Plan, will be a material breach of such contract or subcontract and subject to the remedies reserved to the Government under FAR Clause 52.219-16 entitled, "Liquidated Damages-Subcontracting Plan."
b. Subcontracting Reports
The Contractor shall submit the following Subcontracting reports electronically via the "electronic Subcontracting Reporting System (eSRS) at http://www.esrs.gov.
1. Individual Subcontract Reports (ISR)
Regardless of the effective date of this contract, the Report shall be due on the following dates for the entire life of this contract:
April 30th October 30th Expiration Date of Contract
2. Summary Subcontract Report…
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