RFQ 22-Q-75279_64489.pdf
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REQUEST FOR QUOTATIONS
(THIS IS NOT AN ORDER)
THIS RFQ IS X IS NOT A SMALL BUSINESS SET-ASIDE.
PAGE OF PAGES
1 188
1. REQUEST NO.
75D301-22-Q-75279
2. DATE ISSUED
07/20/2022
3. REQUISITION/PURCHASE REQUEST NO.
00HCVJCG-2022-64489
4. CERT. FOR NAT. DEF.
UNDER BDSA REG. 2
AND/OR DMS REG. 1
RATING
5a. ISSUED BY
Centers for Disease Control and Prevention (CDC)
Office of Acquisition Services (OAS)
2900 Woodcock Blvd, MS TCU-4
Atlanta GA 303414004
6. DELIVERY BY (Date)
5b. FOR INFORMATION CALL (No collect calls)
NAME TELEPHONE NUMBER
AREA CODE NUMBER
Evelyn L. Mickle (404) 498-1160
8. TO: 9. DESTINATION
a. NAME b. COMPANY a. NAME OF CONSIGNEE
c. STREET ADDRESS b. STREET ADDRESS
c. CITY
d. CITY e. STATE f. ZIP CODE d. STATE e. ZIP CODE
10. PLEASE FURNISH QUOTATIONS TO
THE ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS (Date)
08/02/2022
IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services.
Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.
11. SCHEDULE (Include applicable Federal, State and local taxes)
ITEM NO.
(a)
SUPPLIES/SERVICES
(b)
QUANTITY
(c)
UNIT
(d)
UNIT PRICE
(e)
AMOUNT
(f)
RESPONSE DUE BY COB AUGUST 2, 2022
DIRECT INQUIRIES TO LENORE MICKLE AT
emickle@cdc.gov
12. DISCOUNT FOR PROMPT PAYMENT
a. 10 CALENDAR DAYS
b. 20 CALENDAR DAYS
c. 30 CALENDAR DAYS
d. CALENDAR DAYS
NUMBER PERCENTAGE
NOTE: Additional provisions and representations are are not attached.
13. NAME AND ADDRESS OF QUOTER 14. SIGNATURE OF PERSON AUTHORIZED TO
SIGN QUOTATION
15. DATE OF
QUOTATION
a. NAME OF QUOTER
b. STREET ADDRESS 16. SIGNER
a. NAME (Type or print) b. TELEPHONE
c. COUNTY AREA CODE
d. CITY e. STATE f. ZIP CODE c. TITLE (Type or print) NUMBER
AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 18 (REV. 6-95)
Previous edition not usable Prescribed by GSA FAR (48 CFR) 53.215-1(a)
7. DELIVERY
FOB
DESTINATION
OTHER
(See Schedule) mailto:emickle@cdc.gov
Line Items
ITEM SUPPLIES / SERVICES QTY / UNIT UNIT PRICE EXTENDED PRICE
0001 Rhesus Macaques
Indian-origin, male or female for pharmacokinetc and efficacy studies of antiretroviral prophylaxis.
Refer to SOW for description, delivery and tasks.
Deliver to - Centers for Disease Control, 1600 Clifton Road, NE., Bldg. 23, Atlanta, GA 30333
Contact the CDC POC on delivery.
Firm Fixed Price Item
OAS - Set up to receive in dollar amount.
9 Each
0002 Shipping and Handling
Crates/Transportation to CDC
Firm Fixed Price Item
1 Each
GRAND TOTAL $________________
Statement of Work
SECTION 1 – BACKGROUND
The Centers for Disease Control and Prevention (CDC) Laboratory Branch supports the Division of HIV Prevention’s goals in HIV prevention as they pertain to clinical studies, viral transmission, diagnosis and incidence, intervention research with microbicides, vaccines, and chemoprophylaxis as well as investigates other human and zoonotic retroviruses. The lab conducts and develops multiple preclinical HIV intervention studies using nonhuman primate (NHP) models for HIV detection, quantitation, isolation, evolution, and surveillance including drug resistance.
SECTION 2 – PURPOSE
To purchase nine (9) rhesus macaques (Indian-origin, male or female) for pharmacokinetic and efficacy studies of antiretroviral prophylaxis. by the CDC, Deputy Director for Infectious Diseases (DDID), National Center for HIV, Viral
Hepatitis, STD, and TB Prevention (NCHHSTP), Division of HIV Prevention (DHP), Laboratory Branch. Animals are to be delivered to CDC by Dec 31, 2022.
SECTION 3 – SCOPE OF WORK
Independently, and not as an agent of the Government, the contractor shall provide all necessary trained personnel, transport cages, equipment, and materials to provide and deliver safely and humanely 9 rhesus macaques (Indian-origin) to the
Centers for Disease Control and Prevention (CDC), DDID, NCHHSTP, DHP, Laboratory Branch.
The contractor’s facility must be licensed by the United States Department of Agriculture and accredited by the Association for Assessment and Accreditation of Laboratory Macaque Care, International (AAALAC).
The contractor’s facility must be in compliance with the Animal Welfare Act and Regulations (Title 9 Code of Federal
Regulations part 1), The Guide for the Care and Use of Laboratory Animals, and other federal policies and guidance as applicable that provide national standards for the acquisition, transportation, housing, control, maintenance, handling, treatment, care, use and disposal of macaques
The contractor transport company also must be USDA licensed as either a carrier or intermediate handler or, if a secondary subcontractor is used, a contract carrier. Per 2013 USDA regulations, contractor shall provide a copy of their transport
‘contingency plan’ for review by CDC Contracting Officer’s Representative (COR), CDC technical advisor and CDC veterinarians.
The Contractor shall maintain its nonhuman primates in complex social and physical environments (other than during diagnostic testing or as clinically necessary for treatment) in order to provide behaviorally and medically healthy macaques.
The contractor shall provide detailed information on the veterinary care and a description of any procedures that have been performed on the macaques. The Contractor shall send records of macaques to the COR and CDC veterinarian and maintain a copy for at least 3-years beyond the time of delivery/acquisition.
SECTION 4 – TASKS TO BE PERFORMED
Task 1.0 The contractor shall provide 9 rhesus macaques (Indian-origin), meeting the following specifications:
1. Rhesus macaques must be between the ages of 4 and 11 years. The Contractor shall provide proof of the date of birth for each primate to the COR.
2. The contractor shall ensure that all rhesus macaques shall have tested negative for tuberculosis (TB), tested for the presence of a measles antibody titer, tested negative to simian retroviruses (SRV) by polymerase chain reaction
(PCR), tested negative for antibodies to SRV, simian T-lymphotropic viruses (STLV), and simian immunodeficiency virus (SIV), been tested for the presence of internal and external parasites (include the testing modality used for internal parasitism and macaques shall have tested negative for Trichuris spp.), and tested negative by PCR for microbiology (e.g. Shigella, Campylobacter, Salmonella, Yersinia). All rhesus macaques shall have been genetically typed and found negative for the Mamu B*08 and Mamu B*17 major histocompatibility class-I alleles; results from genetic typing for the Mamu A*01 allele should be provided for informational purposes.
3. The contractor shall ensure that the macaques shall not have participated in prior studies with, or been exposed to
HIV, SIV, SHIV or other retrovirus studies prior to purchase by CDC.
4. All macaques shall have a breeder’s statement and/or Convention on International Trade in Endangered Species of
Wild Fauna and Flora (CITES) export permits and declaration forms available. This must be provided to the COR and CDC veterinarian for each macaque.
5. All macaques shall have been maintained in complex social and physical environments for behavioral and medical health.
6. All macaques shall have had no invasive surgical procedures except caesarian (females). Hysterectomized female macaques are not acceptable.
7. All female macaques shall have been confirmed NOT to be pregnant at time of selection or shipment.
Note: CDC reserves the right to request further information based on history of pathogens noted in macaque’s medical records and reserves the right to deny the selection of macaques based on the medical history and/or diagnostic testing.
The Contractor shall perform the tasks specified below:
Task 1.1 To provide 9 healthy rhesus macaques (Indian-origin), the Contractor shall identify 15 or more potential macaques meeting the specifications listed above and provide medical histories/records (see below for criteria) to the CDC for review for selection of 9 potential candidates and several alternates.
Medical History/records criteria:
Country, place and date of origin
Macaque ID number (must match visible tattoo)
Date of birth and Sex
Most recent weights with dates obtained
Dates and result of all TB tests (all must be negative)
Dates, results, and external laboratory that performed testing for SIV, SRV, STLV, measles, internal and external parasites (including Trichuris spp.), and microbiology (e.g. Shigella, Campylobacter, Salmonella, Yersinia) must be negative by PCR.
Dates and results of Macacine alphaherpesvirus 1 (B virus) antibody test
Results of genetic testing for Mamu-A*01, -B*08 and B*17 major histocompatibility class-I alleles
Copies of all clinical records for each macaque since birth including any noted behavioral evaluations
Pair or group housing history when available, and all available behavioral/socialization information
All macaques shall have a breeder’s statement and/or CITES export permits and declaration forms.
Pregnancy and surgery history
Dates and results of pregnancy test (must not be pregnant)
Task 1.2. CDC will select 9 potential macaques and several alternate macaques that meet the specifications listed above and will notify the Contractor 2-4 weeks after receiving the complete medical records (from Task 1.1). Note: CDC reserves the right to request further information based on history of pathogens noted in macaque’s medical records and reserves the right to deny the selection of macaques based on the medical records/tests.
Task 2.0 Post potential selection Testing and Examination (potential 9 and several alternates)
Task 2.1. The Contractor shall perform the following testing and exam (“a” and “b” below), gather results and records and send to CDC for further review and acceptability. If the COR or CDC veterinarian rejects a macaque for any reason after post selection testing and examination, the contractor shall identify substitute candidates meeting the requirements and provide all documentation for the substituted macaque. The Contractor shall provide the actual paperwork of all results received from outside diagnostic laboratory testing to the COR.
a. Week 1, testing: start within 15 business days of the COR’s notification (described in Task 1.2)
i. First TB Test (Note: Three (3) tests required in all at two-week intervals, must be negative)
ii. Microbiology by PCR (eg. Shigella, Campylobacter, Salmonella, Yersinia)
b. Week 3, testing and exam:
i. Second TB Test, two weeks after the first
ii. Measles serology
iii. SRV PCR, SIV antibody, SRV antibody, STLV antibody, fecal and pelage examination for internal and external parasites to document that the macaques are negative for these pathogens
iv. Macacine alphaherpesvirus 1 (B virus) testing--provide documentation for status
v. Physical exam requirement-- The Contractor’s veterinarian(s) shall perform physical exams
(including collection of blood for Complete Blood Count (CBC) and blood chemistry and urine for urinalysis) and weight determination with body condition scoring on the macaques. Medical exam records shall be gathered and sent to CDC COR.
1. Note: Contractor’s Pre-delivery exam is also required 2-3 days prior to delivery date. See task 3.1
Task 2.2 The Contractor shall perform the third TB testing (two weeks after the 2nd), fecal examination for internal parasites, and microbiology by PCR (e.g. Shigella, Campylobacter, Salmonella, Yersinia) and provide results to the COR or CDC veterinarians.
Task 2.3 Within 7 business days of receiving the third TB, fecal examination for internal parasites, and microbiology by PCR
(e.g. Shigella, Campylobacter, Salmonella, Yersinia) testing, provide records and results to the COR or CDC veterinarians. CDC will notify or further confirm to the Contractor of post selected/acceptability of the macaques and provide confirmation of selected macaques.
Note: If the COR or CDC veterinarian rejects a macaque for any reason after the third TB and second microbiology tests and the number remaining is less than 9, the contractor shall identify additional substitute/alternate candidate
NHPs meeting the requirements and provide all documentation and testing for the substitution/alternate macaque (as specified in this statement of work). This replacement effort to screen additional macaques to bring the total to 9 shall not incur added cost to CDC.
Task 3.0 Delivery instruction for 9 rhesus macaques (Indian-origin)
After CDC’s notification (described in Task 2.3), the Contractor shall coordinate with CDC, the delivery of the final 9 selected/approved macaques. Delivery date must be within four weeks of the initial CDC notification (task 2.3). The
Contractor’s transport company must be USDA licensed as either a carrier or intermediate handler or if a secondary subcontractor is used, a contract carrier. Per 2013 USDA regulations, Contractor shall provide a copy of their transport
‘contingency plan’ for review by the COR and CDC veterinarians.
Task 3.1. Perform pre-delivery physical exams 2-3 days prior to delivery date to ensure safety and health of selected macaques.
Prepare the exam records and send to CDC veterinarian before the delivery date of the macaques.
Task 3.2. The Contractor shall deliver the 9 rhesus macaques to the designated CDC Atlanta facility following the delivery requirement below:
a. Schedule an appointment for delivery not less than 7 days in advance of delivery by contacting the COR and CDC veterinarian.
b. Provide driver’s name and contact information at least 7 days prior to delivery, needed for security clearance at
CDC. Driver(s) must be a US citizen(s).
c. Delivery shall be during CDC’s regular business hours: 9:00AM to 3:00PM, ideally Tuesday through Thursday, except on Federal holidays. Driver should notify the CDC COR or veterinarian when they are approximately 60 minutes from the facility. Special arrangements must be made prior to delivery if outside of regular business hours or if a delivery day might include a Monday or Friday.
d. Delivery Location: CDC, Roybal Campus, 1600 Clifton Road, NE, Building 23, Atlanta, GA 30329 (loading dock).
SECTION 5 – GOVERNMENT FURNISHED MATERIALS
None
SECTION 6 – PERIOD OF PERFORMANCE
Tasks should be performed to ensure that macaques can be delivered physically to CDC by December 31, 2022.
SECTION 7 – DELIVERABLES/REPORTING SCHEDULE
Item s
Description Quantity Delivery Date Deliver To
Report -
Tasks1.0, 1.1
Prepare and send all records/medical history to
CDC as a measure of CDC pre-screening
All available records in PDF format
Day 0-10 COR/CDC Vet
Report –
Task 2.1a
TB test and microbiology test results
All available results in PDF format
Post-selection of potential macaques.
Week 1 of testing
COR/CDC Vet
Report –
Task 2.1b
Summary of testing described in Task 2.1a
All available results in PDF format
Week 3 of testing
COR/CDC Vet
Report -
Tasks 2.2, 2.3
Summary of testing described in Task 2.2
All available results in PDF format text.
Week 5 of testing
COR/CDC Vet
Report -
Task 3.1
Coordinate with CDC delivery of selected/ approved macaques.
Perform pre-delivery exams and records.
Information on drivers for
CDC security clearance approval.
Records of pre-delivery exams in PDF format
Weeks 6-10 COR/CDC Vet
Animals -
Task 3.2
Delivery of macaques to
CDC
9 rhesus macaques
(Indian-origin)
Day of delivery COR/CDC Vet
Records -
Sections 3, Maintain a copy of records of sent macaques
9 rhesus macaques
(Indian-origin)
0-3 years N/A
SECTION 8 – REFERENCE MATERIALS
None
SECTION 9 – POINT OF CONTACT INFORMATION
The Point of Contact (POC) for this procurement is: to be provided at award
Preferred method of communication: email
SECTION 10 – MINIMUM VENDOR QUALIFICATIONS AND LEVEL OF EFFORT
The contractor should have the capacity, license, insurance to provide and transport safely and treat humanely nonhuman primates and cages. Also, the contractor shall have or provide transportation company drivers that are US citizens for CDC security approval to access CDC campus. To transport macaques, the contractor must be USDA licensed as either a carrier or intermediate handler or, if a secondary subcontractor is used, a contract carrier. Per 2013 USDA regulations, contractor shall provide a copy of their transport ‘contingency plan’ for review by CDC COR, technical advisor, and veterinarians.
The Contractor shall have macaque facilities fully accredited by the Association for Assessment and Accreditation of
Laboratory Animal Care International (AAALAC).
The Contractor shall maintain its primates in complex social and physical environments in order to provide behaviorally and medically healthy macaques other than during diagnostic testing or as clinically necessary for treatment.
The contractor shall have no history of providing macaques that had been exposed to TB or tested positive to TB, SIV, SRV, and/or STLV, Shigella, Campylobacter, Salmonella, Yersinia, and/or pregnant (if females) to the DHAP Laboratory
Branch in the past 15 years.
Principal Investigators (PIs) and Veterinarians shall have a minimum of 4 years of experience working with Non-human
Primates.
The Contractor shall provide past performance history of selling Non-human Primates. The past performance history shall include no fewer than three (3) of the most recent contracts, preferably within the past five (5) years.
CLAUSES
FAR SOURCE TITLE AND DATE
52.204-13 System for Award Management Maintenance (Oct 2018)
52.204-18 Commercial and Government Entity Code Maintenance (Jul 2016)
52.212-4 Contract Terms and Conditions- Commercial Items (Oct 2018)
52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)
52.232-40 Providing Accelerated Payments to Small Business Contractors (Dec 2013)
352.222-70 Contractor Cooperation in Equal Employment Opportunity Investigations (Dec 2015)
FAR 52.252-2 -- CLAUSES INCORPORATED BY REFERENCE. (Feb 1998)
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 full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
https://www.acquisition.gov
(End of Clause)
52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial
Products and Commercial Services (May 2022)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section
743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky
Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or
Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(5) 52.233-3, Protest After Award (Aug 1996) ( 31 U.S.C. 3553).
(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C.
3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (
41 U.S.C. 4704 and 10 U.S.C. 2402).
__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C. 3509)).
https://www.acquisition.gov/
__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun
2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L.
109-282) ( 31 U.S.C. 6101 note).
__ (5) [Reserved].
__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L.
111-117, section 743 of Div. C).
_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) ( 31 U.S.C. 6101 note).
__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ( 41
U.S.C. 2313).
__ (10) [Reserved].
__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Sep 2021) ( 15 U.S.C. 657a).
__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Sep 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).
__ (13) [Reserved]
__ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644).
__ (ii) Alternate I (Mar 2020) of 52.219-6.
__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644).
__ (ii) Alternate I (Mar 2020) of 52.219-7.
__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) ( 15 U.S.C. 637(d)(2) and (3)).
__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Nov 2021) ( 15 U.S.C. 637(d)(4)).
__ (ii) Alternate I (Nov 2016) of 52.219-9.
__ (iii) Alternate II (Nov 2016) of 52.219-9.
__ (iv) Alternate III (Jun 2020) of 52.219-9.
__ (v) Alternate IV (Sep 2021) of 52.219-9.
__ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) ( 15 U.S.C. 644(r)).
__ (ii) Alternate I (Mar 2020) of 52.219-13.
__ (19) 52.219-14, Limitations on Subcontracting (Sep 2021) ( 15 U.S.C. 637s).
__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) ( 15 U.S.C. 637(d)(4)(F)(i)).
__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Sep 2021) ( 15 U.S.C.
657f).
_X_ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2021) ( 15 U.S.C.
632(a)(2)).
__ (ii) Alternate I (Mar 2020) of 52.219-28.
__ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women- Owned
Small Business Concerns (Sep 2021) ( 15 U.S.C. 637(m)).
__ (24) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business
Concerns Eligible Under the Women-Owned Small Business Program (Sep 2021) ( 15 U.S.C. 637(m)).
__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) ( 15 U.S.C. 644(r)).
__ (26) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15U.S.C. 637(a)(17)).
_X_ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).
_X_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2022) (E.O.13126).
_X_ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
_X_ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).
__ (ii) Alternate I (Feb 1999) of 52.222-26.
__ (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).
__ (ii) Alternate I (Jul 2014) of 52.222-35.
_X_ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).
__ (ii) Alternate I (Jul 2014) of 52.222-36.
__ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).
__ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.
13496).
_X_ (35) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O. 13627).
__ (ii) Alternate I (Mar 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).
__ (36) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of products or commercial services as prescribed in FAR 22.1803.)
__ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (
42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the- shelf items.)
__ (ii) Alternate I (May 2008) of 52.223-9 ( 42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun
2016) (E.O. 13693).
__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun
2016) (E.O. 13693).
__ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Oct 2015) of 52.223-13.
__ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun2014) of 52.223-14.
__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) ( 42 U.S.C. 8259b).
__ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun 2014) of 52.223-16.
_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O.
13513).
__ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).
__ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).
__ (ii) Alternate I (Jan 2017) of 52.224-3.
__ (48) 52.225-1, Buy American-Supplies (Nov 2021) ( 41 U.S.C. chapter 83).
__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Nov 2021) ( 41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
__ (ii) Alternate I (Jan 2021) of 52.225-3.
__ (iii) Alternate II (Jan 2021) of 52.225-3.
_X_ (iv) Alternate III (Jan 2021) of 52.225-3.
__ (50) 52.225-5, Trade Agreements (Oct 2019) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
_X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section
862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302Note).
__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150).
__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) ( 42 U.S.C.
5150).
__ (55) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).
__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov
2021) ( 41 U.S.C. 4505, 10 U.S.C. 2307(f)).
__ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) ( 41
U.S.C. 4505, 10 U.S.C. 2307(f)).
_X_ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 31 U.S.C.
3332).
__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (
31 U.S.C. 3332).
__ (60) 52.232-36, Payment by Third Party (May 2014) ( 31 U.S.C. 3332).
__ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a).
__ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) ( 15 U.S.C. 637(d)(13)).
__ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).
__ (ii) Alternate I (Apr 2003) of 52.247-64.
__ (iii) Alternate II (Nov 2021) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the
Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or
Executive orders applicable to acquisitions of commercial products and commercial services:
[Contracting Officer check as appropriate.]
__ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter67).
__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) ( 29 U.S.C. 206 and 41 U.S.C.
chapter 67).
__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment
(Multiple Year and Option Contracts) (Aug 2018) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (
29U.S.C.206 and 41 U.S.C. chapter 67).
__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for
Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) ( 41 U.S.C. chapter 67).
__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain
Services-Requirements (May 2014) ( 41 U.S.C. chapter 67).
__ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C. 1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR
2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the
Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017)
(section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-
235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by
Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).
(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).
(viii) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).
(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).
(x) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).
(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.
13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xii) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter 67).
(xiii) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O 13627).
(B) Alternate I (Mar 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).
(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for
Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) ( 41 U.S.C. chapter
67).
(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain
Services-Requirements (May 2014) ( 41 U.S.C. chapter 67).
(xvi) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).
(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
(xix) (A) 52.224-3, Privacy Training (Jan 2017) ( 5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section
862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C. 1792).
Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247- 64.
(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
52.222-36 Equal Opportunity for Workers with Disabilities. (Jun 2020)
(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR
60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.
(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of the threshold specified in Federal Acquisition Regulation (FAR) 22.1408(a) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S.
Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.
(End of clause)
CDC37.0001 Non-Personal Services (Jun 2020)
(a) Personal services shall not be performed under this contract. Although the Government may provide sporadic or occasional instructions within the scope of the contract, the Contractor is responsible for control and supervision of its employees. If the Contractor (including its employees) believes any Government action or communication has been given that would create a personal services relationship between the Government and any Contractor employee, the Contractor shall promptly notify the Contracting Officer of this communication or action.
(b) The contractor shall comply with, and ensure their employees and subcontractors comply with, CDC Policy titled
"Contractor Identification and Safeguarding of Non-Public Information". No Contractor employee shall hold him or herself out to be a Government employee, agent, or representative. No Contractor employee shall state orally or in writing at any time that he or she is acting on behalf of the Government. In all communications with third parties in connection with this contract, Contractor employees shall identify themselves as Contractor employees and specify the name of the company for which they work. The contractor is limited to performing the services identified in the contract statement of work and shall not interpret any communication with anyone as a permissible change in contract scope or as authorization to perform work not described in the contract. All contract changes will be incorporated by a modification signed by the Contracting Officer.
(c) The Contractor shall ensure that all of its employees and subcontractor employees working on this contract are informed of the terms and conditions herein. The Contractor agrees that this is a non-personal services contract; and that for all the purposes of the contract, the Contractor is not, nor shall it hold itself out to be an agent or partner of, or joint venture with, the
Government. The Contractor shall notify its employees that they shall neither supervise nor accept supervision from
Government employees. The substance of the terms herein shall be included in all subcontracts at any tier.
(d) The terms and conditions above do not limit the Government's rights under other terms of the contract, including those related to the Government's right to inspect and accept or reject the services performed under this contract.
HHSAR 352.232-71- Electronic Submission of Payment Requests (Feb 2022)
(a) Definitions. As used in this clause— (1) “ Payment request” means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), “Content of Invoices” and the applicable Payment clause included in this contract.
(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests electronically using the
Department of Treasury Invoice Processing Platform (IPP) or successor system. Information regarding IPP, including IPP
Customer Support contact information, is available at www.ipp.gov or any successor site.
https://www.acquisition.gov/far/part-22#FAR_22_1408 http://www.ipp.gov/
(c) The Contractor may submit payment requests using other than IPP only when the Contracting Officer authorizes alternate procedures in writing in accordance with HHS procedures.
(d) If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting Officer's written authorization with each payment request.
CDC0_G018 Payment by Electronic Funds Transfer (Feb 2018)
(a) The Government shall use electronic funds transfer to the maximum extent possible when making payments under this contract. FAR 52.232-33, Payment by Electronic Funds Transfer –System for Award Management, in Section I, requires the contractor to designate in writing a financial institution for receipt of electronic funds transfer payments.
(b) In the case that EFT information is not within the System of Award Management, FAR 52.232-34 requires mandatory submission of Contractor’s EFT information directly to the office designated in this contract to receive that information (hereafter: “designated office”); see below. The contractor shall submit the EFT information within the form titled “ACH Vendor/Miscellaneous Payment Enrollment Form” to the address indicated below. Note: The form is either attached to this contract (see Section J, List of Attachments) or may be obtained by contacting the Contracting Officer or the CDC Office of Financial Resources at 678-475-4510.
(c) In cases where the contractor has previously provided such information, i.e., pursuant to a prior contract/order, and been enrolled in the program, the form is not required unless the designated financial institution has changed.
(d) The completed form shall be mailed after award, but no later than 14 calendar days before an invoice is submitted, to the following address:
The Centers for Disease Control and Prevention Office of
Financial Resources (OFR)
P.O. Box 15580 Atlanta, GA 30333
Or Fax copy to: 404-638-5342
CDCA_H042 Records Management Obligations (Jun 2020)
A. Applicability
The following applies to all Contractors whose employees create, work with, or otherwise handle Federal records, as defined in Section B, regardless of the medium in which the record exists.
B. Definitions
“Federal record” as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them.
The term Federal record:
1. includes Centers for Disease Control and Prevention (CDC) records.
2. does not include personal materials.
3. applies to records created, received, or maintained by Contractors pursuant to their CDC contract.
4. may include deliverables and documentation associated with deliverables.
C. Requirements
1. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44
U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.
2. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.
3. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.
4. CDC and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of CDC or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to the Contracting Officer and the Contracting Officer’s
Representative. The agency must report promptly to NARA in accordance with 36 CFR 1230.
5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the contract. The
Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to CDC control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the
Contracting Officer or address prescribed in the contract. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).
6. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and CDC guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.
7. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with CDC policy.
8. The Contractor shall not create or maintain any records containing any non-public CDC information that are not specifically tied to or authorized by the contract.
9. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the
Freedom of Information Act.
10. Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take CDC-provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.
D. Flowdown of requirements to subcontractors
1. The Contractor shall incorporate the entire substance of the terms and conditions herein, including this paragraph, in all subcontracts under this contract, and must require written subcontractor acknowledgment of same.
2. Violation by a subcontractor of any provision set forth herein will be attributed to the Contractor.
SOLICITATION PROVISIONS
This contract incorporates one or more 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. Also, the full text of a clause may be accessed electronically at this/these address(es):
https://www.acquisition.gov/FAR/
FAR SOURCE TITLE AND DATE
52.204-16 Commercial and Government Entity Code Reporting (Aug 2020)
52.209-5 Certification Regarding Responsibility Matters (Aug 2020)
52.212-1 Instructions to Offerors -- Commercial Items (Nov 2021)
52.212-3 Offeror Representations and Certifications -- Commercial Items (May 2022)
52.212-2 - EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)
(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:
1. Technical Evaluation:
Contractors are to provide a discussion of their technical approach for providing the services required for this Purchase
Order. Provide information reflecting experience of providing the nonhuman primate animals, nonhuman primate experience of assigned staff, including a detailed resume, biography, or curriculum vitae (CV) of staff.
2. Price Evaluation:
Lowest evaluated price technically acceptable https://www.acquisition.gov/FAR/
(b) 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.
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