RFQ No. 75N95025Q00019.pdf

COMPETITIVE

COMBINED SYNOPSIS / SOLICITATION

Title: Design and facilitate Implementation of graphic designs and effective messaging in support of NIDA IRP Clinical Research

RFQ: 75N95025Q00019

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

(ii) The solicitation number is 75N95025Q00019 and the solicitation is issued as a Request for Quotation (RFQ).

This acquisition is for a commercial item or service and is conducted under the authority of the FAR part 13—Simplified Acquisition Procedures; and FAR Part 12—Acquisition of Commercial Products and Commercial Services, and is not expected to exceed the Simplified Acquisition Threshold (SAT). A fixed-price type of purchase order is contemplated for this requirement.

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) Number 2024-05, dated April 22, 2024.

(iv) The North American Industry Classification System (NAICS) code for this procurement is 541430 Graphic Design Services, and the small business size standard is $9M. This requirement shall be solicited using competitive procedures as a total small business set-aside.

(v) DESCRIPTION

The Government requires the following services:

The NIDA IRP Clinical Program requires the expertise of a graphic designer with knowledge on Human Subjects Research Protection to facilitate the ethical recruitment and education of our Addiction patient population.

(vi) Please refer to Attachment 1 – Statement of Work for details and information describing the brand name or equal salient characteristics and requirements.

(vii) The Government anticipates award of a firm fixed-price purchase order for this acquisition, and the anticipated period of performance to be twelve (12) months for the Base Period, with one (1) Option Period of twelve (12) months :

• Base Period: December 5, 2024 – December 4, 2025

• Option Period 1: December 5, 2025 – December 4, 2026

It is anticipated that the majority of performance shall be remote at the Contractor’s own facility, but the required maintenance of the Community Art Collective displays shall take place at at 251 Bayview Blvd, Baltimore, MD 21224.

(viii) The provision at FAR Clause 52.212-1 Instructions to Offerors—Commercial Products and Commercial Services (SEP 2023) is applicable and incorporated by reference into this solicitation.

(ix) The provision at FAR Clause 52.212-2, Evaluation-Commercial Products and Commercial Services (NOV 2021) is applicable and incorporated by reference into this solicitation. 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.

Each quote will be evaluated in strict conformity with the evaluation factors, utilizing quantitative scores and written critiques. The evaluation will be based upon the demonstrated capabilities of the prospective Contractor in relation to the needs of the project as set forth in the solicitation.

The quote will also be evaluated taking into consideration any price reductions for the requirement being ordered. A price reasonableness determination will be made and a best value analysis will be performed. The best value analysis will take into consideration the results of the technical evaluation, price evaluation, and the ability to complete the work within the Government's required schedule. The analysis will document that the award represents the best value to the Government (considering technical evaluation factors, past performance, and price) to meet the Government’s needs. The Government reserves the right to issue an order to the best advantage of the Government, technical merit, price, and other factors considered.

All aspects of a quote are subject to discussion, including price, technical approach and terms and conditions. At the completion of discussions, the Contractor will ensure the technical and price quote reflects the mutual understandings of the requirement and if requested, submit a revised technical and price quote to the Contracting Officer.

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

If an award will be made without conducting discussions, Contractors may be given the opportunity to clarify certain aspects of their quote (e.g., the relevance of the contract, the Contractor's past performance information, and adverse past performance information to which the Contractor has not previously had an opportunity to respond) or to resolve minor or clerical errors. Discussions will not be held with any Offeror determined to be technically unacceptable.

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

A tradeoff process shall be used for this acquisition because it has been determined to be in the best interest of the Government to consider award to other than the lowest priced Offeror or other than the highest technically rated offeror. All evaluation factors other than cost or price, when combined, are more important than cost or price. For this acquisition, the following considerations will be part of the trade-off process: Technical Evaluation Factors including Past Performance, and Price.

The evaluation factors are used by the technical evaluation committee when reviewing the technical quotes. The factors below are listed in order of its relative importance for evaluation purposes.

1. Technical Capability and Functionality

We will evaluate a vendor’s technical approach for soundness, practicality, and feasibility to accomplish the tasks and requirements in all Performance Areas of the Statement of Work. We will evaluate the vendor’s technical approach for their ability to meet performance/delivery schedules under the required tasks. Also, we will evaluate their technical proposal on how well it shows a comprehensive understanding of the project’s goals, objectives, and tasks as called for in the Statement of Work (SOW). We will evaluate their understanding of the tasks to be performed, their interrelation and complexity. We will evaluate the vendor’s discussion of anticipated problems and constraints likely to be encountered in performing the work, and their plans, solutions, and approaches to resolving them.

2. PAST PERFORMANCE

The Offeror should provide past performance information. Past performance information shall cover a minimum of 1 year in relevant services and deliveries of comparable services. The Offeror should provide at least one reference for any project identified under the experience factor that has a performance period within the past three years.

For each reference, the offeror should provide: (1) Organization/contracting partner's name; (2) Point of contact's (POC) name and contact information: Current phone numbers. Valid email addresses; (3) Description that precisely explains: General scope of the contract. Specific requirements of the contract. Offerors will be evaluated based on information obtained from references provided by the offeror, other relevant past performance information obtained from other sources known to the Government, and any information supplied by the offeror concerning problems encountered on the identified contracts and corrective action taken.

Furthermore, the Government will assess the relative risks associated with each offeror.

Performance risks are those associated with an offeror's likelihood of success in performing the acquisition requirements as indicated by that offeror's record of past performance. The assessment of performance risk is not intended to be the product of a mechanical or mathematical analysis of an offeror's performance on a list of contracts but rather the product of subjective judgment by the Government after it considers all available and relevant information.

3. PRICE EVALUATION

Offerors price quote will be evaluated for reasonableness. For a price to be reasonable, it must represent a price to the government that a prudent person would pay when consideration is given to prices in the market. Normally, price reasonableness is established through adequate price competition, but may also be determined through cost and price analysis techniques. Price evaluation will not be conducted on any Offeror determined to be technically unacceptable.

4. EVALUATION OF OPTIONS

It is anticipated that any contract awarded from this solicitation will contain option periods. In accordance with FAR Clause 52.217-5, Evaluation of Options, (July 1990), the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement, except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests. Evaluation of option periods will not obligate the Government to exercise the options. An evaluation of this factor will only be conducted on offerors and quotes who have been determined to be technically acceptable.

(x) The provision at FAR Clause 52.212-3, Offeror Representations and Certifications - Commercial Products and Commercial Services (MAY 2024), is applicable and incorporated by reference into this solicitation.

(xi) The provision at FAR Clause 52.212-4, Contract Terms and Conditions—Commercial Products and Commercial Services (NOV 2023), applies to this acquisition. See Attachment 2.

(xii) The provision of FAR Clause 52.212-5, Contract Terms and Conditions Required to

Implement Statutes or Executive Orders - Commercial Products and Commercial Services (MAY 2024), applies to this acquisition. See Attachment 3.

(xiii) There are no additional contract requirement(s) or terms and conditions applicable to this acquisition.

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

(xv) Responses to this solicitation must include sufficient information to establish the interested parties’ bona-fide capabilities of providing the product or service. Responses to this solicitation must include clear and convincing evidence of the Offeror’s capability of fulfilling the requirement as it relates to the government requirements stated in this solicitation.

Basic cost and price information in the Offeror’s proposal must contain sufficient information to allow the Government to perform a basic analysis of the reasonableness of the Offeror to supply the required goods/services. Any other information or factors that may be considered in the award decision may include such factors as: past performance; special features required for effective service coverage; and prompt payment discount terms.

The Contractor shall submit its quote electronically.

Offerors MUST verify the valid certifications, registrations, and Representation and Certifications from the System of Award Management (SAM) applications at www.SAM.gov, which may be indicated on the Offeror’s cover sheet.

In addition the vendor Unique Entity Identifier (UEI) and the certification of business size must be included in the response. All Offerors must have an active registration in the System for Award Management (SAM) www.sam.gov.

All responses must be received no later than November 20, 2024, 2:00 PM EST. Late responses may not be accepted. All responses must reference solicitation number 75N95025Q0009. Responses must be submitted electronically to tracy.cain@nih.gov.

For information regarding this solicitation, please contact Tracy Cain by email at tracy.cain@nih.gov or by phone at (301) 443-6677.

(xvi) DATE QUESTIONS DUE: Questions and requests for clarification must be submitted electronically to the Contracting Officer, Tracy Cain, at tracy.cain@nih.gov on or before 2:00 PM EST, November 14, 2024. Fax responses will NOT be accepted.

ATTACHMENTS

- Attachment 1 - Statement of Work (SOW)

- Attachment 2 - FAR 52.212-4, Contract Terms and Conditions - Commercial Products and Commercial Services (NOV 2023)

- Attachment 3 - FAR 52.212-5, Contract Terms and Conditions Required to Implement

Statutes or Executive Orders - Commercial Products and Commercial Services (MAY 2024)

- Attachment 4 – Invoice and Payment Instructions http://www.sam.gov/ http://www.sam.gov/ mailto:tracy.cain@nih.gov mailto:tracy.cain@nih.gov mailto:tracy.cain@nih.gov

RFP No. 75N95025Q00019 Attachment 1

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

STATEMENT OF WORK (SERVICES)

(SOW)

GENERAL INFORMATION

Title of Project:

Design and facilitate Implementation of graphic designs and effective messaging in support of NIDA IRP Clinical Research

Statement of Need and Purpose:

The goal of this contract is to provide support toward creating effective messaging via IRB approved recruitment material, participant educational material, and protocol specific information in support of NIDA IRP Clinical Research and community engagement initiatives. This contractor will lead the development of marketing material and social media presence, as well as help coordinate the NIDA IRP Community Art Collective.

Background Information and Objective:

The NIDA IRP Clinical Program requires the expertise of a graphic designer with knowledge on Human Subjects Research Protection to facilitate the ethical recruitment and education of our Addiction patient population.

Period of Performance:

Base period of December 5, 2024 - December 4, 2025, plus one additional 12-month option period

SCOPE OF WORK

General Requirements:

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

Provide graphic design, marketing strategies and gallery management for the NIDA IRP Office of the Clinical Director.

Specific Requirements:

The Contractor Shall:

1. Facilitate and coordinate the drafting, IRB approval and implementation of research information in support of NIDA Clinical Investigators and their respective teams.

- Implement recruitment plans according to the agreed schedule in coordination with Clinical Investigators. e.g., print ads, scripts for television or radio spots, prepare mailings, social media ads, educational material for dissemination in the target communities.

- Work independently and collaboratively with the clinical and research teams to establish campaign objectives and recruitment strategies prior to IRB submission.

2. Strengthen collaborative relationships with a variety of community organizations (e.g. community health centers, state medical agencies, managed care organizations).

- Use social media, digital technologies and search engine optimization to strategically deliver patient recruitment messages and promote approved clinical research.

- Create ad strategies that will appeal to the public using engaging material to effectively reach the desired audience based on age, gender, diagnosis, and geographic location.

3. Coordinate the analysis and evaluation of outreach activities, including internal and external partnership.

- Manage the production and implementation of multiple forms of recruitment strategies, including social media, television, radio and direct mail advertising campaigns.

- Provide creative and effective knowledge of hashtags and utilize them to raise awareness and boost social media reach and engagement, while keeping up with trends and new study findings and opportunities.

4. Work closely with management to coordinate content of materials, advertisements and marketing messages.

- Write, edit, and create graphics and content for websites, blogs, and online platforms, as well as print and digital marketing materials using design software including Adobe Photoshop, Adobe Illustrator, Canva, Microsoft Office, and social media content creation tools.

LEVEL OF EFFORT:

20 hours per week for 12 months in the base period and each option period, if options are exercised.

GOVERNMENT RESPONSIBILITIES

This Contractor does require access to the BRC, 251 Bayview Blvd, Baltimore MD, 21224, the clinical floor in the clinical spaces. The contractor will not have access to government furnished laptops, phones, equipment, or software.

DELIVERY OR DELIVERABLES

For the NIDA IRP Community Art Collective, the Contractor shall:

• Rotate the Community Art Collective Displays approximately every 6 month and network with local business and artists in the community to provide engaging and meaningful art displays from local artists and businesses;

• Design and implement layouts for the Community Art Collective Displays at the NIDA BRC;

and

• Maintain the mounting system for art displays in the clinical spaces.

The Contractor shall produce Recruitment Material as directed by the COR, including:

• The Contractor will provide material to be provided to the IRB for approval for marketing and outreach, both text and graphics.

• The Contractor will provide social media material for IRB approval and provide monthly reports on status per project.

• The Contractor will provide the graphic design for use at community engagement events.

• All provided material will include both digital formatting and print publishing.

REPORTING REQUIREMENTS

Monthly reports will be submitted with a summary of the previous month’s activity, outstanding projects, and projected tasks for upcoming month.

OTHER CONSIDERATIONS

Travel:

No travel will be required under this contract.

Key Personnel:

Instructions: Specify any contractor key personnel by labor category that are considered to be essential to successful performance of the requirement.

Data Rights:

No Contractor Access to Confidential Data is required for this contract.

In accordance with FAR 52.227-14, Rights in Data-General, all data generated under this contract and provided to NIDA as described in the Delivery/Deliverables section above shall be provided without restriction and the Government shall have unlimited rights to as ownership of all deliverables provided under this procurement including reports and all other deliverables, including any additional deliverables required by contract change. The definition “unlimited rights” is contained in FAR 27.401, Definitions.

Publications and Publicity including Section 508—Electronic and Information Technology Standards:

The Contractor Shall:

1.Develop and maintain material for NIDA web pages and associated files in adherence to HHS policies, standards, and guidelines and NIH/NIDA policies and standards, including Section 508 compliance specifications, the U.S. Web Design System (USWDS), and the 21st Century IDEA directive.

https://www.acquisition.gov/far/52.227-14#FAR_52_227_14

2.Review and test all web deliverables, including templates, web graphics, logos, files, and pages for Section 508 compliance

3. Maintain records of OSPC approval for all social media material.

Confidentiality of Information:

No access to confidential information will be required under this contract.

Statement of Work – Addenda

Article 1. Non-Personal Service Statement:

Contractor employees performing services under this order will be controlled, directed and supervised at all times by management personnel of the contractor.

Contractor employees will perform independent of and without the supervision of any Government official. Actions of contractor employees may not be interpreted or implemented in any manner that results in any contractor employee creating or modifying Federal policy, obligating the appropriated funds of the U.S. Government, overseeing the work of Federal employees, providing direct personal services to any Federal employee or otherwise violating the prohibitions set forth in Parts 7.5 and 37.1 of the Federal Acquisition Regulation (FAR). The Government will control access to the facility and will perform the inspection and acceptance of the completed work.

Specifically:

• Pursuant to FAR 37.1, no personal services shall be performed under this contract. All work requirements shall flow only from the Contracting Officer's Representative (COR) to the Contractor's Project Manager. No Contractor employee will be directly supervised by the Government. All individual employee assignments, and daily work direction, shall be given by the applicable employee supervisor. If the Contractor 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.

• Pursuant to FAR 7.5, the Contractor shall not perform any inherently governmental actions under this contract. 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. In all communications with other Government Contractors in connection with this contract, the Contractor employee shall state that they have no authority to in any way to change the contract and that if the other Contractor believes this communication to be a direction to change their contract, they should notify the Contracting Officer for that contract and not carry out the direction until a clarification has been issued by the Contracting Officer.

• The Contractor shall ensure that all of its employees working on this contract are informed of the substance of this article. Nothing in this article shall limit the Government's rights in any way under the other provisions of the contract, including those related to the Government's right to inspect and accept the services to be performed under this contract. The substance of this article shall be included in all subcontracts at any tier.

Article 2. CONTRACTING OFFICER REPRESENTATIVE (COR)

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

Max Dennis

The COR is responsible for: (1) monitoring the Contractor's technical progress, including the surveillance and assessment of performance and recommending to the Contracting Officer changes in requirements; (2) interpreting the statement of work and any other technical performance requirements; (3) performing technical evaluation as required; (4) performing technical inspections and acceptances required by this contract; and (5) assisting in the resolution of technical problems encountered during performance.

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

The Government may unilaterally change its COR designation.

Article 3. FAR 52.217-9 - Option to Extend the Term of the Contract.

(a) The Government may extend the term of this contract by written notice to the Contractor within 15 calendar days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 15 calendar days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

(End of clause)

RFQ No. 75N95025Q00019 Attachment 2

FAR 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services (NOV 2023)

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

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

and

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

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

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

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

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

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

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

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

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

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

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

(D) Contractor point of contact.

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

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

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

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

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

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

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

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

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

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

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations. (1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

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

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

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

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

Addenda to FAR 52.212-4

FAR 52.242-15 Stop-Work Order (AUG 1989()

(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either-

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if-

(1) The stop-work order results in an increase in the time required for, or in the Contractor’s cost properly allocable to, the performance of any part of this contract; and

(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

FAR 52.217-5 Evaluation of Options (JULY 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

FAR 52.217-8 Option to Extend Services (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 15 calendar days before the contract expires.

https://www.acquisition.gov/far/part-17#FAR_17_206

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (May 2024)

[Contracting officer check as appropriate.]

RFP No. 75N95025Q00019 Attachment 3 https://www.acquisition.gov/far/52.203-6 https://www.acquisition.gov/far/52.203-13 https://www.acquisition.gov/far/52.203-15 https://www.acquisition.gov/far/52.204-10 https://www.acquisition.gov/far/52.204-14 https://www.acquisition.gov/far/52.204-15 https://www.acquisition.gov/far/52.204-28 https://www.acquisition.gov/far/52.204-27 https://www.acquisition.gov/far/52.203-17 https://www.acquisition.gov/far/52.204-30

RFP No. 75N95025Q00019 Attachment 3 https://www.acquisition.gov/far/52.219-4 https://www.acquisition.gov/far/52.219-6 https://www.acquisition.gov/far/52.219-7 https://www.acquisition.gov/far/52.219-8 https://www.acquisition.gov/far/52.219-9 https://www.acquisition.gov/far/52.219-13 https://www.acquisition.gov/far/52.219-14 https://www.acquisition.gov/far/52.219-16 https://www.acquisition.gov/far/52.219-27 https://www.acquisition.gov/far/52.219-28 https://www.acquisition.gov/far/52.219-29 https://www.acquisition.gov/far/52.219-30 https://www.acquisition.gov/far/52.219-32 https://www.acquisition.gov/far/52.219-33 https://www.acquisition.gov/far/52.219-3 https://www.acquisition.gov/far/52.209-9 https://www.acquisition.gov/far/52.209-6 https://www.acquisition.gov/far/52.209-9 https://www.acquisition.gov/far/52.222-3 https://www.acquisition.gov/far/52.222-21 https://www.acquisition.gov/far/52.222-26 https://www.acquisition.gov/far/52.222-35 https://www.acquisition.gov/far/52.222-36 https://www.acquisition.gov/far/52.222-37 https://www.acquisition.gov/far/52.222-40 https://www.acquisition.gov/far/52.222-50 https://www.acquisition.gov/far/52.222-54 https://www.acquisition.gov/far/52.223-9 https://www.acquisition.gov/far/52.223-11 https://www.acquisition.gov/far/52.223-12 https://www.acquisition.gov/far/52.223-20 https://www.acquisition.gov/far/52.223-21 https://www.acquisition.gov/far/52.223-23 https://www.acquisition.gov/far/52.222-19 https://www.acquisition.gov/far/52.224-3 https://www.acquisition.gov/far/52.225-1 https://www.acquisition.gov/far/52.225-3 https://www.acquisition.gov/far/52.225-5 https://www.acquisition.gov/far/52.225-13 https://www.acquisition.gov/far/52.225-26 https://www.acquisition.gov/far/52.226-4 https://www.acquisition.gov/far/52.226-5 https://www.acquisition.gov/far/52.232-29 https://www.acquisition.gov/far/52.232-30 https://www.acquisition.gov/far/52.232-33 https://www.acquisition.gov/far/52.232-34 https://www.acquisition.gov/far/52.232-36 https://www.acquisition.gov/far/52.239-1 https://www.acquisition.gov/far/52.242-5 https://www.acquisition.gov/far/52.229-12 https://www.acquisition.gov/far/52.226-8 https://www.acquisition.gov/far/52.222-41 https://www.acquisition.gov/far/52.222-42 https://www.acquisition.gov/far/52.222-43 https://www.acquisition.gov/far/52.222-44 https://www.acquisition.gov/far/52.222-51 https://www.acquisition.gov/far/52.222-53 https://www.acquisition.gov/far/52.222-55 https://www.acquisition.gov/far/52.222-62 https://www.acquisition.gov/far/52.226-6 https://www.acquisition.gov/far/52.247-64

FAR 52.212-5 as of FAC 2024-05 (5/22/2024) Edited 5/22/2024

Revised:

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

A. An invoice is the Contractor's bill or written request for payment under the contract for supplies delivered or services performed. A proper invoice is an "Original" which must include the items listed in subdivisions 1 through 12, below, in addition to the requirements of FAR 32.9. If the invoice does not comply with these requirements, the Contractor will be notified of the defect within 7 days after the date the designated billing office received the invoice (3 days for meat, meat food products, or fish, and 5 days for perishable agricultural commodities, dairy products, edible fats or oils) with a statement of the reasons why it is not a proper invoice. (See exceptions under II., below.) Untimely notification will be taken into account in the computation of any interest penalty owed the Contractor.

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

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

3. Remittance name must match exactly with name on original order/contract. If the Remittance name differs from the Legal Business Name, then both names must appear on the invoice.

4. Invoice date.

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

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

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

7. Unique Entity Identifier (UEI) as registered in the System for Award Management (SAM).

8. Federal Taxpayer Identification Number (TIN). In those exceptional cases where a contractor does not have a DUNS number or TIN, a Vendor Identification Number (VIN) must be referenced on the award document.

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

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

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

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

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

RFP 75N95024Q00019 Attachment 4

Shipping costs will be reimbursed only if authorized by the Contract/Purchase Order. If authorized, shipping costs must be itemized. Where shipping costs exceed $100, the invoice must be supported by a bill of lading or a paid carrier's receipt.

For inquiries regarding the status of invoices such as receipt of invoices, due date, request for payment of invoices, etc., contact NIH/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 see the NIH/OFM Customer Service website at https://ofm.od.nih.gov/Pages/Customer-Service.aspx.

The NIH/OFM Customer Service is open Eastern Standard Time Monday Friday from 8:30 a.m. to 5:00

m. and is closed between 12:00 p.m. to 1:00 p.m.

A. Except as indicated in paragraph B., below, the due date for making invoice payments by the designated payment office shall be the later of the following two events:

1. The 30th day after the designated billing office has received a proper invoice.

2. The 30th day…