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This is a request for proposals for specialized and strategic services to support the National Institutes of Health Intramural Research Program. The services include complex, specialized support across NIH institutes and centers requiring highly qualified personnel. The government will award one unrestricted indefinite-delivery, indefinite-quantity contract and one to two small business set-aside IDIQ contracts for these services. Task orders under the contracts may be firm-fixed-price, time-and-materials, or a combination. Proposals are due by April 20, 2020 with a minimum contract value of $3,600 and maximum of $105 million for the unrestricted contract or $250,000 to $5 million for small business contracts. The purpose is to provide critical support for NIH's broad range of biomedical and clinical research activities.

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RFP No. 75N98020R00010 Page 1 of 78

REQUEST FOR PROPOSALS No. 75N98020R00010

REQUEST FOR PROPOSALS (RFP) TABLE OF CONTENTS

NOTICE TO OFFERORS…………………………………………………………………………………………………………..3

PART I - THE SCHEDULE

SECTION A - SOLICITATION/CONTRACT FORM

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

SECTION D - PACKAGING, MARKING AND SHIPPING

SECTION E - INSPECTION AND ACCEPTANCE

SECTION F - DELIVERIES OR PERFORMANCE

SECTION G - CONTRACT ADMINISTRATION DATA

SECTION H - SPECIAL CONTRACT REQUIREMENTS

PART II - CONTRACT CLAUSES

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS

SOLICITATION ATTACHMENTS

TECHNICAL PROPOSAL ATTACHMENTS

BUSINESS PROPOSAL ATTACHMENTS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

1. GENERAL INFORMATION

a. INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION

b. NAICS CODE AND SIZE STANDARD

c. TYPE OF CONTRACT AND NUMBER OF AWARDS

d. COMMITMENT OF PUBLIC FUNDS

e. COMMUNICATIONS PRIOR TO CONTRACT AWARD

f. RELEASE OF INFORMATION

g. PREPARATION COSTS

h. SERVICE OF PROTEST

2. INSTRUCTIONS TO OFFERORS

a. GENERAL INSTRUCTIONS

1. Contract Type and General Clauses

2. Authorized Official and Submission of Proposal

3. Page and Formatting Limitations

4. Alternate Proposals

5. Evaluation of Proposals

6. Potential Award Following Discussions

7. Use of the Metric System of Measurement

8. Privacy Act - Treatment of Proposal Information

9. Selection of Offeror

10. Certification of Filing and Payment of Taxes………………………………………………………………..60

RFP No. 75N98020R00010 Page 2 of 78

11. Security and Privacy Language for Information and IT Procurements………………………………………………..60

12. Electronic and Information Technology Accessibility……………………………………………………………………61

13. Oral Presentations………………………………………………………………………………………………………….62

14. Solicitation Provisions Incorporated by Reference

b. TRANSMITTAL/COVER LETTER

c. TECHNICAL PROPOSAL INSTRUCTIONS………………………………………………………………………………..…63

1. Technical Discussions

2. Technical Evaluation

d. BUSINESS PROPOSAL INSTRUCTIONS

SECTION M - EVALUATION FACTORS FOR AWARD

1. GENERAL

2. MANDATORY EVALUATION CRITERIA…………………………………………………………………………………………..71

3. TECHNICAL EVALUATION FACTORS

4. BUSINESS EVALUATION FACTORS

RFP No. 75N98020R00010 Page 3 of 78

NOTICE TO OFFERORS

1. Questions must be submitted electronically to Robert Burdette at robert.burdette@nih.gov no later than 2:00 pm local prevailing time on April 2, 2020.

2. Please note that page limitations have been placed herein upon the sizes of a technical proposal and business proposal. Any submission exceeding the number of page limitations will not be evaluated.

3. Proposals must be received by the Government at the OFFICIAL POINT OF RECEIPT by the date and time specified in this Solicitation. The proposals are to be submitted electronically as specified in this Solicitation.

This requirement is being processed by the Office of Logistics and Acquisition Operations (OLAO), Office of Acquisition and Logistics Management (OALM), National Institutes of Health (NIH); for the Office of Intramural Research (OIR), NIH.

PART I - THE SCHEDULE

THE INFORMATION SET FORTH IN SECTION A - SOLICITATION/CONTRACT FORM,

HEREIN CONTAINS IMPORTANT INFORMATION FOR ANY OFFEROR INTERESTED IN

RESPONDING TO THIS SOLICITATION. ANY CONTRACT RESULTING FROM THIS

SOLICITATION WILL INCLUDE IN ITS SECTION A - SOLICITATION/CONTRACT FORM,

ACCOUNTING, APPROPRIATION AND GENERAL INFORMATION APPLICABLE TO THE

CONTRACT AWARD.

THE CONTRACT SCHEDULE SET FORTH IN SECTIONS B THROUGH H, HEREIN,

CONTAINS CONTRACTUAL INFORMATION PERTINENT TO THIS SOLICITATION. IT IS NOT

AN EXACT REPRESENTATION OF THE CONTRACT DOCUMENT THAT WILL BE AWARDED

AS A RESULT OF THIS SOLICITATION. THE CONTRACT COST OR PRICE AND OTHER

CONTRACTUAL PROVISIONS PERTINENT TO THE OFFEROR (i.e., those relating to the organizational structure [e.g., Non-Profit, Commercial] and specific cost authorizations unique to the Offeror's proposal and requiring Contracting Officer Prior Approval) WILL BE DISCUSSED IN

THE NEGOTIATION PROCESS AND WILL BE INCLUDED IN THE RESULTANT CONTRACT.

THE ENCLOSED CONTRACT SCHEDULE IS INTENDED TO PROVIDE THE OFFEROR WITH

THE NECESSARY INFORMATION TO UNDERSTAND THE TERMS AND CONDITIONS OF

THE RESULTANT CONTRACT.

mailto:robert.burdette@nih.gov

RFP No. 75N98020R00010 Page 4 of 78

SOLICITATION

SECTION A - SOLICITATION/CONTRACT FORM

1. Requisition or other Purchase Authority:

2. Request for Proposal (RFP) Number:

75N98020R00010

3. Issue Date:

March 20, 2020

4. Set Aside:

[ ] No [X] See Part IV Section L

5. Title: Specialized and Strategic Services to Support the National Institutes of Health Intramural Research Program

6. ISSUED BY:

Office of Logistics and Acquisition Operations (OLAO) Office of Acquisition and Logistics Management (OALM) National Institutes of Health (NIH) 6011 Executive Boulevard, Rm. 637J Bethesda, MD 20892

7. SUBMIT OFFERS TO:

See Block 8 below.

8. Proposals for furnishing the supplies and/or services in THE SCHEDULE shall be submitted electronically to the person listed in Block 11 below by no later than 2:00 pm local time on April 20, 2020. Offers will be valid for 120 days unless a different period is specified by the offeror.

9. This solicitation requires the electronic submission of proposals to the person listed in Block 11 below by no later than 2:00 pm local time on April 20, 2020.

IF YOUR PROPOSAL IS NOT RECEIVED BY THE CONTRACTING OFFICER OR DESIGNEE AT THE

PLACE AND TIME SPECIFIED FOR THE OFFICE OF LOGISTICS AND ACQUSITIONS MANAGEMENT,

THEN IT WILL BE CONSIDERED LATE AND HANDLED IN ACCORDANCE WITH subparagraph (c)(3) of FAR Clause 52.215-1, Instructions to Offerors--Competitive Acquisition," LOCATED IN SECTION L.1. OF

THIS SOLICITATION.

10. Offeror must be registered in the Central Contractor Registry (CCR) prior to award of a contract. Offerors must access the CCR through The System for Award Management (SAM) at http://www.sam.gov

11. FOR INFORMATION CALL: Robert Burdette, Contracting Officer

PHONE: 301-594-8028

e-Mail: robert.burdette@nih.gov

COLLECT CALLS WILL NOT BE ACCEPTED.

Robert Burdette Contracting Officer

OLAO, OALM, OD, NIH

http://www.sam.gov/ mailto:robert.burdette@nih.gov

RFP No. 75N98020R00010 Page 5 of 78

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

ARTICLE B.1. BRIEF DESCRIPTION OF SUPPLIES OR SERVICES

The purpose of this contract is to acquire complex, specialized and strategic services to support the activities of the National Institutes of Health (NIH) Intramural Research Program (IRP) across all NIH Institutes, Centers, and Offices (ICOs). It is trans-NIH, intramurally focused, and requires highly qualified and experienced personnel capable of providing a full range of specialized, strategic, technical and operational services. This requirement provides support that is critical to the broad range of NIH intramural biomedical and clinical research activities in-process, planned and unanticipated (due to new or re-emerging health threats and science advances).

ARTICLE B.2. CONTRACT TYPE

This is an Indefinite-Delivery, Indefinite Quantity (IDIQ) contract as contemplated by Federal Acquisition Regulation (FAR) 16.504. Under this contract, all Task Orders shall be issued by the Contracting Officer

Task Orders issued under this contract may be Firm-Fixed-Price (FFP) (FAR 16.202), Time-and-Materials (T&M) (FAR 16.601), or a combination thereof.

ARTICLE B.3. PRICES

For the Unrestricted portion of the solicitation:

a. Unless the Government exercises its option pursuant to ARTICLE B.4., OPTION

PRICES; and the option provisions in ARTICLE I.4. ADDITIONAL CLAUSES INCLUDED IN FULL TEXT, below; this contract consists only of a Base Period of July 1, 2020, through June 30, 2021, as specified in ARTICLE F.1, ORDERING

PERIOD.

b. During the performance of this contract, the Contractor shall be reimbursed by the Government in an amount not less than a total of $3,600 (minimum) nor more than a total of $105,000,000 (maximum) for delivery of the services specified in the Statement of Work.

c. Upon delivery and acceptance of the services during the Base Period as specified in the Statement of Work, the Government shall compensate the Contractor at an amount negotiated at task order award. Task Order compensation will be negotiated on the basis of the ceiling Labor Rates set forth below:

[To be completed at award (see Pricing attachment)]

RFP No. 75N98020R00010 Page 6 of 78

For the Small Business Set-Aside portion of the solicitation:

d. Unless the Government exercises its option pursuant to ARTICLE B.4., OPTION

PRICES; and the option provisions in ARTICLE I.4. ADDITIONAL CLAUSES INCLUDED IN FULL TEXT, below; this contract consists only of a Base Period of July 1, 2020, through June 30, 2021, as specified in ARTICLE F.1, ORDERING

PERIOD.

e. During the performance of this contract, the Contractor shall be reimbursed by the Government in an amount not less than a total of $250 (minimum) nor more than a total of $5,000,000 (maximum) for delivery of the services specified in the Statement of Work.

f. Upon delivery and acceptance of the services during the Base Period as specified in the Statement of Work, the Government shall compensate the Contractor at an

ARTICLE B.4. OPTION PRICES

a. Pursuant to FAR Clauses 52.217-8, Option to Extend Services

(November 1999), and 52.217-9, Option to Extend the Term of the Contract (March 2000), set forth in ARTICLE I.4. ADDITIONAL CLAUSES INCLUDED IN FULL TEXT, below; the Government may, by unilateral modification, require the Contractor to deliver services during the Optional Periods as specified in the Statement of Work and ARTICLE F.1, ORDERING PERIOD. If the Government exercises this option, notice must be given to the Contractor within the time frame for this notice is set forth in ARTICLE I.4. ADDITIONAL CLAUSES INCLUDED IN FULL TEXT, below.

b. Under FAR clauses 52.217-8, Option to Extend Services (November 1999), the

Government has the unilateral right to extend the period of performance of this contract up to an additional six (6) months “within the limits and at the rates specified in the contract.”

c. Option for Services during Option Periods:

The option periods for this contract do not have a separate minimum or maximum quantity.

Upon delivery and acceptance of the services during the Option Periods as specified in the Statement of Work, the Government shall compensate the Contractor at an

RFP No. 75N98020R00010 Page 7 of 78

ARTICLE B.5. ADVANCE UNDERSTANDINGS

None

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

ARTICLE C.1. STATEMENT OF WORK

Independently and not as an agent of the Government, the Contractor shall furnish all the necessary services, qualified personnel, materials, equipment, transportation, tools, supervision, facilities, and other items; and non-personal services, not otherwise provided by the Government, necessary to perform the Statement of Work, dated 13 February 2020. All Task Orders shall be issued within scope of the Statement of Work (SOW) set forth in SECTION J – LIST OF ATTACHMENTS, attached hereto and made a part of this contract.

ARTICLE C.2. REPORTING REQUIREMENTS

a. All reports required under this contract are specified in the SOW.

b. Reporting on Select Agents or Toxins and/or Highly Pathogenic Agents

For work involving the possession, use, or transfer of a Select Agent or Toxin and/or a Highly Pathogenic Agent, the following information shall also be included in each Monthly Activity Report:

1. Any changes in the use of the Select Agent or Toxin including initiation of

"restricted experiments," and/or a Highly Pathogenic Agent, that have resulted in a change in the required biocontainment level, and any resultant change in location, if applicable, as determined by the IBC or equivalent body or institutional biosafety official.

2. If work with a new or additional Select Agent or Toxin and/or a Highly Pathogenic

Agent will be conducted in the upcoming reporting period, provide:

a. A list of each new or additional Select Agent or Toxin and/or a Highly Pathogenic Agent that will be studied;

b. A brief description of the work that will be done with each new or additional Select Agent or Toxin and/or a Highly Pathogenic Agent and whether or not the work is a Select Agent or Toxin restricted experiment as defined in the Select Agents Regulation 42 CFR Part 73, Section 13.b ( http://www.selectagents.gov/Regulations.html) or listed on the U.S. National Select Agents Registry restricted experiments website ( http://www.selectagents.gov/index.html);

c. The name and location for each biocontainment resource/facility, including the

RFP No. 75N98020R00010 Page 8 of 78 name of the organization that operates the facility, and the biocontainment level at which the work will be conducted, with documentation of approval by your IBC or equivalent body or institutional biosafety official. It must be noted if the work is being done in a new location or different location.

d. For work with Select Agents performed in the U.S. provide documentation of registration status of all domestic organizations where Select Agent(s) will be used. For work with Select Agents performed in a non-U.S. country prior NIAID approval is required.

If the IBC or equivalent body or institutional biosafety official has determined, for example, by conducting a risk assessment, that the work that has been performed or is planned to be performed under this contract may be conducted at a biocontainment safety level that is lower than BSL3, statement to that affect shall be included in each Monthly Activity Report.

If no work involving a Select Agent or Toxin and/or a Highly Pathogenic Agent has been performed or is planned to be performed under this contract, a statement to that affect shall be included in each Monthly Activity Report.

SECTION D - PACKAGING, MARKING AND SHIPPING

All deliverables required under this contract shall be packaged, marked and shipped in accordance with Government specifications. At a minimum, all deliverables shall be marked with the contract number and Contractor’s name.

The Contractor shall guarantee that all required materials shall be delivered in immediate usable and acceptable condition.

SECTION E - INSPECTION AND ACCEPTANCE

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

b. For the purpose of this Section, the NIH OIR COR is the authorized representative of the Contracting Officer for this contract.

c. Inspection and acceptance will be performed in Room 333, Building 1, 1 Center

Drive, National Institutes of Health, Bethesda, MD 20892-3207.

d. Acceptance may be presumed unless otherwise indicated in writing by the

Contracting Officer or the duly authorized representative within 30 days of receipt.

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

RFP No. 75N98020R00010 Page 9 of 78

• FAR 52.246-4, Inspection of Services – Fixed-Price (August 1996)

SECTION F - DELIVERIES AND PERFORMANCE

ARTICLE F.1.ORDERING PERIOD

The ordering period of this contract shall be for a 12-month Base Period of July 1, 2020, through June 30, 2021, with three (3) successive 12-month Option Periods.

Base Period: July 1, 2020, through June 30, 2021 Option Period 1: July 1, 2021, through June 30, 2022 Option Period 2: July 1, 2022, through June 30, 2023 Option Period 3: July 1, 2023, through June 30, 2024

ARTICLE F.2. PLACE OF PERFORMANCE

The Contractor shall perform work (including subcontracted work) described herein at NIH Federally-controlled facilities at the NIH Main Campus in Bethesda, Maryland; at other NIH Federally-controlled facilities in and outside of the Bethesda, Maryland, area; and at non- Federally controlled facilities in and outside of the Bethesda, Maryland, area. Each Task Order issued under this contract shall specify the place of performance.

Contract and Task Order Management, including administrative support of all work performed under this contract, shall be performed at the Contractor’s facility.

ARTICLE F.3. TRANSPORTATION AND SHIPPING TERMS

a. The F.O.B. point for this contract is indicated in Block 11 of page 1 of the

Solicitation/Contract form. The following provides an explanation of F.O.B. points as defined in the FAR, Part 47, and are applicable to this contract.

b. "F.O.B." means free on board. This term is used in conjunction with a physical point to determine (a) the responsibility and basis for payment of freight charges and (b) unless otherwise agreed, the point at which title for goods passes to the buyer or consignee.

c. "F.O.B. Origin" means free on board at origin; i.e., the seller or consignor places the goods on the conveyance by which they are to be transported. Unless this contract provides otherwise, the cost of shipping and risk of loss are borne by the buyer or consignee (Government).

d. For this contract, "F.O.B. Origin" is to be interpreted as "F.O.B. Origin Freight

Prepaid." All items will be delivered to the NIH OIR COR. The contractor is responsible for prepaying the freight charges and shall bill freight charges as a separate line item on the invoice.

e. "F.O.B. Destination" means free on board at destination; i.e., the seller or consignor

RFP No. 75N98020R00010 Page 10 of 78 delivers the goods on seller's conveyance at destination. Unless this contract provides otherwise, the cost of shipping and risk of loss are borne by the seller or consignor (Contractor).

f. For this contract, "F.O.B. Destination" is to be interpreted as "F.O.B. Destination, within Consignee's Premises." The contractor will prepay all freight charges and will deliver to the NIH OIR COR. The contractor may not bill for shipping charges, except as described under "Special Shipping/Handling Charges" below.

ARTICLE F.4. DELIVERY OF MATERIAL/SERVICES

a. Delivery schedules will be at the direction of the NIH OIR COR under this contract.

The delivery of goods and services must be performed between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, except when special arrangements are made by the NIH OIR COR.

b. Shipments delivered under this contract shall be addressed as directed by the NIH

OIR COR and marked as indicated below.

Contract No. ******* Task Order No. ******* Attention: ******* Room 333, Building 1 1 Center Drive National Institutes of Health Bethesda, MD 20892-3207

ARTICLE F.5. DELIVERY TICKETS

a. All shipments/deliveries/services under this contract shall be accompanied by a delivery ticket or packing slip and shall contain the following:

1. Name of Contractor

2. Contract Number

3. Task Order Number

4. Date of Purchase

5. Itemized List of Supplies or Services

6. Quantity, Unit Price and Extension of Each Line Item, Less any Applicable Discounts

7. Date of Delivery or Shipment

8. Name, Building and Room Number of Person Placing Order

9. Delivery/Consignee Address

b. Upon delivery, the receiving activity shall sign the packing slip/delivery ticket and retain one copy. One copy may subsequently be required to support the invoice.

ARTICLE F.6. DELIVERIES

RFP No. 75N98020R00010 Page 11 of 78

a. All deliverables shall be in accordance with the specifications and “Deliverables/Delivery Schedule” contained in the SOW and any Task Order SOW.

b. All documents required herein shall be submitted in electronic format. In addition, one hardcopy of each document shall be submitted to the NIH OIR COR.

c. Requirements for accessibility based on the Revised Section 508 Standards of the

Rehabilitation Act of 1973 (29 U.S.C. 794d) are determined to be relevant to this contract for the Section 508 Criteria specified in the attached Accessibility Requirements Tool (ART).

d. Before acceptance, when the Contractor is required to perform testing to validate conformance to the Revised Section 508 accessibility requirements specified in this contract, the Contractor shall provide a Supplemental Accessibility Conformance Report (SAR) that contains the following information:

• Accessibility test results based on the required test methods.

• Documentation of features provided to help achieve accessibility and usability for people with disabilities.

• Documentation of core functions that cannot be accessed by persons with disabilities.

• Documentation on how to configure and install the Information and Communication

Technology (ICT) item to support accessibility.

• When an ICT item is an authoring tool that generates content (including documents, reports, videos, multimedia productions, web content, etc.)., provide information on how the ICT item enables the creation of accessible electronic content that conforms to the Revised 508 Standards, including the range of accessible user interface elements the tool can create.

• Before final acceptance, the Contractor shall provide a fully working demonstration of the completed ICT Item to demonstrate conformance to the agency's accessibility requirements. The demonstration shall expose where such conformance is and is not achieved.

e. Before acceptance, the Government reserves the right to perform independent testing to validate that the ICT solution provided by the Contractor conforms to the applicable Revised 508 Standards.

f. Before final acceptance of any ICT item, including updates and replacements, if the

Contractor claims its products or services satisfy the applicable Revised 508 Standards specified in the SOW, and the Contracting Officer determines that any furnished ICT item is not in compliance with such requirements, the Contracting Officer will promptly inform the Contractor in writing of the noncompliance. The Contractor shall, at no cost to the agency, repair or replace the non-compliant products or services within the period specified by the Contracting Officer.

g. Electronic documents delivered must be made available in alternate formats when requested by the NIH OIR COR, including formats compatible with assistive technology, at no additional charge.

h. All paper/hardcopy documents (including reports) submitted under this contract shall

RFP No. 75N98020R00010 Page 12 of 78 be printed or copied, double-sided, on at least 30 percent post-consumer fiber paper, whenever practicable, in accordance with FAR 4.302(b).

i. At the request of the NIH OIR COR, the Contractor shall provide deliverables, including written reports, presentations to NIH ICO staff, and other materials, in draft form for Government review and comment and in final form, conforming to schedule, format, and other requirements as specified by the NIH OIR COR. In addition to monthly activity and financial status reports, deliverables may include project plans, management briefings, other financial reports, analyses, evaluations, reviews, and other reports as required. Additional reports may be requested by the NIH OIR COR at any time during the period of performance.

SECTION G -CONTRACT ADMINISTRATION DATA

ARTICLE G.1. CONTRACTING OFFICER'S REPRESENTATIVE (COR)

The following NIH OIR Contracting Officer’s Representative(s) will represent the Government for the purpose of this contract.

COR: [To be completed prior to award of the contract] Alternate COR: [To be completed prior to award of the contract]

The designated 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 SOW and any other technical performance requirements; (3) performing technical evaluation as required; (4) performing technical inspections and acceptances required by the SOW; and (5) assisting in the resolution of technical problems encountered during performance.

The designated Alternate COR is responsible for carrying out the duties of the designated COR only in the event that the designated COR can no longer perform his/her duties as assigned.

The Contracting Officer is the only person with authority to act as agent of the Government under the contract. Only the Contracting Officer has authority to: (1) direct or negotiate any changes in the SOW; (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 the contract; (5) otherwise change any terms and conditions of the contract; or (6) sign written licensing agreements. Any signed agreement shall be incorporated by reference in SECTION J, LIST OF ATTACHMENTS, below.

The Government may unilaterally change its COR designation.

ARTICLE G.2. KEY PERSONNEL, HHSAR 352-237.75 (December 18, 2015)

RFP No. 75N98020R00010 Page 13 of 78

The key personnel specified below are considered to be essential to work performance.

At least 30 days prior to the Contractor voluntarily diverting any of the specified individuals to other programs or contracts, the Contractor shall notify the Contracting Officer and shall submit a justification for the diversion or replacement and a request to replace the individual. The request must identify the proposed replacement and provide an explanation of how the replacement's skills, experience, and credentials meet or exceed the requirements under this contract. If the employee of the Contractor is terminated for cause or separates from the Contractor voluntarily with less than thirty days’ notice, the Contractor shall provide the maximum notice practicable under the circumstances. The Contractor shall not divert, replace, or announce any such change to key personnel without the written consent of the Contracting Officer. This contract will be modified to add or delete key personnel as necessary to reflect the agreement of the parties.

(End of Clause)

The following individuals are considered to be essential to the work being performed hereunder:

Name Title **Name** ********** **Name** **********

[To be completed prior to award of the contract]

ARTICLE G.3. INVOICE SUBMISSION

a. Payment requests shall be submitted to the offices identified below. The Contractor shall submit supporting documentation (e.g., receipts, time sheets, vendor invoices, etc.) with each payment request as instructed by the NIH OIR COR.

1. The original invoice shall be submitted to the following designated billing office:

Office of Financial Management Commercial Accounts 2115 East Jefferson Street, Room 4B-432, MSC 8500 Bethesda, Maryland 20892-8500

Note: The original payment request must be submitted in hard copy and mailed to the designated billing office to meet the requirements of a “proper invoice”.

2. One electronic copy of the invoice shall be submitted to the following approving official:

RFP No. 75N98020R00010 Page 14 of 78

Contract No. ****** Task Order No. ******* Attention: ********* Room 333, Building 1 1 Center Drive

Bethesda, MD 20892-3207

b. E-mail

The Contractor shall submit an electronic copy of the payment request to the approving official instead of a paper copy. The payment request shall be transmitted as an attachment via e-mail to the approving official’s address listed above in one of the following formats: MSWord, MS Excel, or Adobe Portable Document Format (PDF). Only one payment request shall be submitted per e-mail and the subject line of the e-mail shall include the Contractor's name, contract number, Task Order number, and unique invoice number. Note: The original payment request must still be submitted in hard copy and mailed to the designated billing office to meet the requirements of a "proper invoice."

c. Central Point of Distribution

Not required since this the Invoice Matching Option is three-way match.

d. Additional Invoicing Requirements

In addition to the requirements specified in FAR 32.905 for a proper invoice, the Contractor shall include the following information on the face page of all payment requests:

1. Name of the Office of Acquisitions: The Office of Acquisitions for this contract is the following:

Office of Logistics and Acquisition Operations (OLAO)

6011 Executive Boulevard, Rm. 637J Bethesda, MD 20892

2. Federal Taxpayer Identification Number (TIN). If the Contractor does not have a valid TIN, it shall identify the Vendor Identification Number (VIN) on the payment request. The VIN is the number that appears after the Contractor's name on the face page of this contract. [Note: A VIN is assigned to new contracts awarded on or after June 4, 2007, and any existing contract modified to include the VIN number.] If the Contractor has neither a TIN, DUNS, or VIN, contact the Contracting Officer.

RFP No. 75N98020R00010 Page 15 of 78

3. DUNS or DUNS+4 Number. The DUNS number must identify the Contractor's name and address exactly as stated in this contract and as registered in the System for Award Management (SAM) database. If the Contractor does not have a valid DUNS number, it shall identify the Vendor Identification Number (VIN) on the payment request. The VIN is the number that appears after the Contractor's name on the face page of this contract. [Note: A VIN is assigned to new contracts awarded on or after June 4, 2007, and any existing contract modified to include the VIN number.] If the Contractor has neither a TIN, DUNS, or VIN, contact the Contracting Officer.

4. Invoice Matching Option. This contract requires a three-way match.

5. Unique Invoice Number. Each payment request must be identified by a unique invoice number, which can only be used one time regardless of the number of contracts held by an organization.

6. The Title of this contract is: Specialized and Strategic Services to Support the

National Institutes of Health Intramural Research Program

7. Task Order Line Items as follows:

Line Item # Line Item Description

[Line items will be specified in the award document and subsequent modifications.]

e. Inquiries regarding payment of invoices should be directed to the designated billing office, (301) 496-6452/496-6088.

ARTICLE G.4. RETURNED INVOICES

Invoices will be returned for: 1) failing to cite the contract number; 2) citing an invalid contract number; or 3) having other discrepancies on the invoice.

Resolution and correction of the invoice will require the Contractor to contact the NIH OIR COR.

ARTICLE G.5. POST AWARD EVALUATION OF CONTRACTOR

PERFORMANCE

a. Contractor Performance Evaluations

Interim and Final evaluations of Contractor performance will be prepared on this contract in accordance with FAR Subpart 42.15. The Final performance evaluation will be prepared at the time of completion of work. In addition to the Final evaluation, Interim evaluation(s) will be prepared annually as follows: No later than

RFP No. 75N98020R00010 Page 16 of 78

30 days following June 30 of each year.

Interim and Final evaluations will be provided to the Contractor as soon as practicable after completion of the evaluation. The Contractor will be permitted thirty days to review the document and to submit additional information or a rebutting statement. If agreement cannot be reached between the parties, the matter will be referred to an individual one level above the Contracting Officer, whose decision will be final.

Copies of the evaluations, Contractor responses, and review comments, if any, will be retained as part of the contract file, and may be used to support future award decisions.

b. Electronic Access to Contractor Performance Evaluations

Contractors may access evaluations through a secure Web site for review and comment at the following address: http://www.cpars.gov

ARTICLE G.6. METHOD OF ORDERING

a. Orders issued under this contract may be placed as follows:

[X] in writing [ ] via telephone [ ] via facsimile (fax) [X] via electronic mail (e-mail) [ ] Oral [Oral Orders will be confirmed in writing within days of issuance.

[X] Other Specify: Electronic Government Ordering System (if implemented)

b. National Institutes of Health Contracting Officers are authorized to issue orders under the contract.

Paragraph c is applicable to the set-aside portion of this solicitation only and only in the event that multiple awards are made for the set-aside portion:

c. Fair Opportunity

1. In accordance with FAR 16.505(b)(1)(i), each awardee will be given a fair opportunity to be considered for each order issued over $3,500 unless the following exception(s) apply:

i. The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

ii. Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.

iii. The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be http://www.cpars.gov/

RFP No. 75N98020R00010 Page 17 of 78 considered for the original order.

iv. It is necessary to place an order to satisfy a minimum guarantee.

2. All awardees will be given a fair opportunity to be considered in accordance with the FAR as follows:

i. For orders exceeding $3,500 up to the simplified acquisition threshold, in accordance with FAR 16.505(b)(1)(ii);

ii. For orders exceeding the simplified acquisition threshold up to $5.5 Million, in accordance with 16.505(b)(1)(iii); and,

iii. For orders exceeding $5.5 Million, in accordance with FAR 16.505(b)(1)(iv).

SECTION H - SPECIAL CONTRACT REQUIREMENTS

ARTICLE H.1. ACKNOWLEDGEMENT OF FEDERAL FUNDING

The Contractor shall clearly state, when issuing statements, press releases, requests for proposals, bid solicitations and other documents describing projects or programs funded in whole or in part with Federal money: (1) the percentage of the total costs of the program or project which will be financed with Federal money; (2) the dollar amount of Federal funds for the project or program; and (3) the percentage and dollar amount of the total costs of the project or program that will be financed by nongovernmental sources.

ARTICLE H.2. DISSEMINATION OF FALSE OR DELIBERATELY MISLEADING

INFORMATION

The Contractor shall not use contract funds to disseminate information that is deliberately false or misleading.

ARTICLE H.3. RESTRICTION ON PORNOGRAPHY ON COMPUTER

NETWORKS

The Contractor shall not use contract funds to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography.

ARTICLE H.4. GUN CONTROL

The Contractor shall not use contract funds in whole or in part, to advocate or promote gun control.

ARTICLE H.5. SUBCONTRACTING PROVISIONS

This article is only applicable to other than small business concerns.

a. Small Business Subcontracting Plan

RFP No. 75N98020R00010 Page 18 of 78

1. The Small Business Subcontracting Plan dated ******* is attached hereto and made a part of this contract.

2. The failure of any Contractor or subcontractor to comply in good faith with FAR

Clause 52.219-8, entitled "Utilization of Small Business Concerns" incorporated in this contract and the attached Small Business Subcontracting Plan, will be a material breach of such contract or subcontract and subject to the remedies reserved to the Government under FAR Clause 52.219-16 entitled, "Liquidated Damages-Subcontracting Plan."

b. Subcontracting Reports

The Contractor shall submit the following Subcontracting reports electronically via the "electronic Subcontracting Reporting System (eSRS) at http://www.esrs.gov.

3. Individual Subcontract Reports (ISR)

Regardless of the effective date of this contract, the Report shall be due on the following dates for the entire life of this contract:

April 30th October 30th Expiration Date of Contract

4. Summary Subcontract Report (SSR)

Regardless of the effective date of this contract, the Summary Subcontract Report shall be submitted annually on the following date for the entire life of this contract:

October 30th

For both the Individual and Summary Subcontract Reports, the Contracting Officer or designated official shall be included as a contact for notification purposes at the following e-mail address: CMSSDA@od.nih.gov.

ARTICLE H.6. ELECTRONIC AND INFORMATION TECHNOLOGY

ACCESSIBILITY

Pursuant to current guidance, agencies have been instructed to proactively address the requirements of the Revised Section 508 Standards in their procurement processes while the FAR Council prepares regulatory updates to the FAR. Specifically, agencies have been instructed to incorporate the Revised Section 508 Standards into their procurement planning and execution. See: https://www.section508.gov/blog/Revised- 508-Standards-Safe-Harbor-and-FAR-Update

In response to current guidance, appropriate revisions (highlighted in red text below) http://www.esrs.gov/ https://www.section508.gov/blog/Revised-508-Standards-Safe-Harbor-and-FAR-Update https://www.section508.gov/blog/Revised-508-Standards-Safe-Harbor-and-FAR-Update

RFP No. 75N98020R00010 Page 19 of 78 have been made to HHS Acquisition Regulation (HHSAR) Clause 352.239-74 (December 2015):

ELECTRONIC AND INFORMATION TECHNOLOGY ACCESSIBILITY, HHSAR 352.239-74

(December 18, 2015) (REVISED)

a. Pursuant to Section 508 of the Rehabilitation Act of 1973(29 U.S.C. 794d), as amended by the Workforce Investment Act of 1998, all Information and Communication Technology (ICT) that is procured, developed, maintained, or used under this SOW shall conform to the Revised Section 508 Standards. All electronic and information technology (EIT) supplies and services developed, acquired, or maintained under this SOW must comply with the "Architectural and Transportation Barriers Compliance Board Electronic and Information Technology (EIT) Accessibility Standards'' set forth by the Architectural and Transportation Barriers Compliance Board (also referred to as the "Access Board'') in 36 CFR part 1194. Information about Section 508 is available at http://www.hhs.gov/web/508. [Note: EIT has been changed to ICT.] The complete text of Section 508 Final Provisions and the ICT Final Standards and Guidelines can be accessed at https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule.

b. The accessibility standards applicable to this SOW shall be in accordance with the

Revised Section 508 Standards. The Contractor must provide any necessary updates to its submitted Vendor Product Assessment Template (VPAT) at the end of each contract or order exceeding the simplified acquisition threshold (see FAR 2.101) when the contract or order duration is one year or less. If it is determined by the Government that the ICT supplies and services provided by the Contractor do not conform to the described accessibility standards in this SOW, remediation of the ICT supplies or services to the level of conformance specified in this SOW will be the responsibility of the Contractor at its own expense.

c. The Revised Section 508 Standards applicable to this SOW are specified in the attached Accessibility Requirements Tool (ART).

d. In the event of a modification(s) to this SOW, which adds new ICT supplies or services or revises the type of, or specifications for, supplies or services, the Contracting Officer may require that the Contractor submit a completed Vendor Product Assessment Template (VPAT) and any other additional information necessary to assist the Government in determining that the ICT supplies or services conform to the Revised Section 508 Standards. Current instructions for documenting accessibility via the Vendor Product Assessment Template (VPAT) may be found at https://section508.gov/buy/define-accessibility-criteria#acceptance If it is determined by the Government that ICT supplies and services provided by the Contractor do not conform to the described accessibility standards under this SOW, remediation of the supplies or services to the level of conformance specified in this SOW will be the responsibility of the Contractor at its own expense.

e. If this is an Indefinite Delivery contract, a Blanket Purchase Agreement or a Basic http://www.hhs.gov/web/508 https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule https://section508.gov/buy/define-accessibility-criteria#acceptance

RFP No. 75N98020R00010 Page 20 of 78

Ordering Agreement, the task/delivery order requests that include ICT supplies or services will define the specifications and accessibility standards for the order. In those cases, the Contractor may be required to provide a completed Vendor Product Assessment Template (VPAT) and any other additional information necessary to assist the Government in determining that the ICT supplies or services conform to the revised Section 508 accessibility standards. Current instructions for documenting accessibility via the Vendor Product Assessment Template (VPAT) may be found at https://section508.gov/buy/define-accessibility-criteria#acceptance If it is determined by the Government that ICT supplies and services provided by the Contractor do not conform to the described revised accessibility standards in the provided documentation, remediation of the supplies or services to the level of conformance specified in this SOW will be the responsibility of the Contractor at its own expense.

[End of clause]

ARTICLE H.7. ACCESSIBILITY CONFORMANCE REPORT (ACR)

The Contractor shall provide an Accessibility Conformance Report (ACR) for each ICT item that is developed, updated, configured under this contract, and when product substitutions are offered. The ACR should be based on the latest version of the Voluntary Product Accessibility Template (VPAT™)provided by the Industry Technology Industry Council (ITIC). An ACR must be submitted for each ICT Item and must be completed according to the instructions provided by ITIC. See:

https://section508.gov/buy/define-accessibility-criteria#acceptance

ARTICLE H.8. ACCESS TO NATIONAL INSTITUTES OF HEALTH (NIH)

ELECTRONIC MAIL

All Contractor staff that have access to and use of HHS electronic mail (e-mail) must identify themselves as contractors on all outgoing e-mail messages, including those that are sent in reply or are forwarded to another user. To best comply with this requirement, the Contractor staff shall set up an e-mail signature (“AutoSignature”) or an electronic business card (“V-card”) on each contractor employee’s computer system and/or Personal Digital Assistant (PDA) that will automatically display “Contractor” in the signature area of all e-mails sent.

ARTICLE H.9. HHS SECURITY AND PRIVACY LANGUAGE FOR INFORMATION

AND IT PROCUREMENTS

a. INFORMATION SECURITYAND/OR PHYSICAL ACCESS SECURITY

A. Baseline Security Requirements

1) Applicability. The requirements herein apply whether the entire contract or order (hereafter “contract”), or portion thereof, includes either or both of the following:

https://section508.gov/sell/vpat http://www.itic.org/policy/accessibility http://www.itic.org/policy/accessibility

RFP No. 75N98020R00010 Page 21 of 78

a. Access (Physical or Logical) to Government Information: A Contractor (and/or any subcontractor) employee will have or will be given the ability to have, routine physical (entry) or logical (electronic) access to government information.

b. Operate a Federal System Containing Information: A Contractor (and/or any subcontractor) will operate a federal system and information technology containing data that supports the HHS mission. In addition to the Federal Acquisition Regulation (FAR) Subpart 2.1 definition of “information technology” (IT), the term as used in this section includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources.

2) Safeguarding Information and Information Systems. In accordance with the Federal Information Processing Standards Publication (FIPS)199, Standards for Security Categorization of Federal Information and Information Systems, the Contractor (and/or any subcontractor) shall:

a. Protect government information and information systems in order to ensure:

• Confidentiality, which means preserving authorized restrictions on access and disclosure, based on the security terms found in this contract, including means for protecting personal privacy and proprietary information;

• Integrity, which means guarding against improper information modification or destruction, and ensuring information non-repudiation and authenticity; and

• Availability, which means ensuring timely and reliable access to and use of information.

b. Provide security for any Contractor systems, and information contained therein, connected to an HHS network or operated by the Contractor on behalf of HHS regardless of location. In addition, if new or unanticipated threats or hazards are discovered by either the agency or contractor, or if existing safeguards have ceased to function, the discoverer shall immediately, within one (1) hour or less, bring the situation to the attention of the other party.

c. Adopt and implement the policies, procedures, controls, and standards required by the HHS Information Security Program to ensure the confidentiality, integrity, and availability of government information and government information systems for which the Contractor is responsible under this contract or to which the Contractor may otherwise have access

RFP No. 75N98020R00010 Page 22 of 78 under this contract. Obtain the HHS Information Security Program security requirements, outlined in the HHS Information Security and Privacy Policy (IS2P), by contacting the CO/COR or emailing fisma@hhs.gov.

d. Comply with the Privacy Act requirements and tailor FAR clauses as needed.

3) Information Security Categorization. In accordance with FIPS 199 and

National Institute of Standards and Technology (NIST) Special Publication (SP) 800-60, Volume II: Appendices to Guide for Mapping Types of Information and Information Systems to Security Categories, Appendix C, and based on information provided by the ISSO, CISO, or other security representative, the risk level for each Security Objective and the Overall Risk Level, which is the highest watermark of the three factors (Confidentiality, Integrity, and Availability) of the information or information system are the following:

Information Type

[X] Services Delivery Support Information: Controls and Oversight

Program evaluation: Involves the analysis of internal and external program effectiveness and the determination of corrective actions as appropriate.

Program monitoring: Involves the data-gathering activities required to determine the effectiveness of internal and external programs and the extent to which they comply with related laws, regulations, and policies.

Confidentiality: [X] Low [ ] Moderate [ ] High Integrity: [X] Low [ ] Moderate [ ] High Availability: [X] Low [ ] Moderate [ ] High

Overall Risk Level: [X] Low [ ] Moderate [ ] High

[ ] Mission Based Information: Not applicable

Based on information provided by the ISSO, Privacy Office, system/data owner, or other security or privacy representative, it has been determined that this solicitation/contract involves:

[ ] No PII [X] Yes PII

Personally Identifiable Information (PII). Per the Office of Management and Budget (OMB) Circular A-130, “PII is information that can be used to distinguish or trace an individual's identity, either alone or when combined with other information that is linked or linkable to a specific individual.”

mailto:fisma@hhs.gov http://csrc.nist.gov/publications/nistpubs/800-60-rev1/SP800-60_Vol2-Rev1.pdf http://csrc.nist.gov/publications/nistpubs/800-60-rev1/SP800-60_Vol2-Rev1.pdf http://csrc.nist.gov/publications/nistpubs/800-60-rev1/SP800-60_Vol2-Rev1.pdf

RFP No. 75N98020R00010 Page 23 of 78

Examples of PII include, but are not limited to the following: social security number, date and place of birth, mother‘s maiden name, biometric records, etc.

PII Confidentiality Impact Level has been determined to be:

[X] Low [ ] Moderate [ ] High [ ] Not Applicable

4) Controlled Unclassified Information (CUI). CUI is defined as “information that laws, regulations, or Government-wide policies require to have safeguarding or dissemination controls, excluding classified information.” The Contractor (and/or any subcontractor) must comply with Executive Order 13556, Controlled Unclassified Information, (implemented at 3 CFR, part 2002) when handling CUI. 32 C.F.R. 2002.4(aa). As implemented the term “handling” refers to “…any use of CUI, including but not limited to marking, safeguarding, transporting, disseminating, re-using, and disposing of the information.” 81 Fed. Reg. 63323. All sensitive information that has been identified as CUI by a regulation or statute, handled by this solicitation/contract, shall be:

a. marked appropriately;

b. disclosed to authorized personnel on a Need-To-Know basis;

c. protected in accordance with NIST SP 800-53, Security and Privacy

Controls for Federal Information Systems and Organizations applicable baseline if handled by a Contractor system operated on behalf of the agency, or NIST SP 800-171, Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations if handled by internal Contractor system; and

d. returned to HHS control, destroyed when no longer needed, or held until otherwise directed. Destruction of information and/or data shall be accomplished in accordance with NIST SP 800-88, Guidelines for Media Sanitization.

5) Protection of Sensitive Information. For security purposes, information is or may be sensitive because…

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