Sol_75N94024R00003.pdf
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- Solicitation number
- 75N94024R00003
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This document is a solicitation for a federal contract opportunity from the National Institutes of Health (NIH) National Institute of Child Health and Human Development (NICHD) to conduct blind testing of compounds in preclinical models of Alcohol Use Disorder (AUD). The contract will have a base period from December 1, 2024 to November 30, 2031, with six option periods. The estimated cost range is $45,000 minimum to $11,000,000 maximum. Proposals are due by September 18, 2024. The contract will be awarded as an indefinite quantity contract, with task orders issued as needed. Small business and socioeconomic set-asides may apply. Key requirements include reporting, invention reporting, and compliance with NIH policies on reproducibility, public access, and investigator financial conflicts of interest.
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SOLICITATION/CONTRACT 1. THIS CONTRACT IS A RATED
5. SOLICITATION TYPE2. CONTRACT NO. 4. SOLICITATION NUMBER
PAGE OF PAGES
7. ISSUED BY CODE 8. THIS ACQUISITION IS
BIDDER/OFFEROR TO COMPLETE BLOCKS 11, 13, 15, 21, 22, & 27
RATING
ORDER UNDER DPAS (15 CFR 700)
3. AWARD/
EFFECTIVE DATE ISSUE DATE
6. SOLICITATION
UNRESTRICTED OR SET ASIDE:
SMALL BUSINESS
SIZE STANDARD:
9. (AGENCY USE)
NO COLLECT CALLS
10. ITEMS TO BE PURCHASED (BRIEF DESCRIPTION)
SUPPLIES SERVICES
11. IF OFFER IS ACCEPTED BY THE GOVERNMENT WITHIN
CALENDAR DAYS (60 CALENDAR DAYS UNLESS OFFEROR INSERTS A DIFFERENT
PERIOD) FROM THE DATE SET FORTH IN BLOCK 9 ABOVE, THE CONTRACTOR
AGREES TO HOLD ITS OFFERED PRICES FIRM FOR THE ITEMS SOLICITED
HEREIN AND TO ACCEPT ANY RESULTING CONTRACT SUBJECT TO THE TERMS
AND CONDITIONS STATED HEREIN.
CODE 12. ADMINISTERED BY
13. CONTRACTOR FACILITY 14. PAYMENT WILL BE MADE BY CODE CODE
OFFEROR CODE
TELEPHONE NO.
UNIQUE ENTITY IDENTIFER
CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK:
15. PROMPT PAYMENT DISCOUNT 16. AUTHORITY FOR USING OTHER
THAN FULL AND OPEN COMPETITION
10 U.S.C. 2304 41 U.S.C. 253
NEGOTIATED
(RFP)
SEALED BIDS
(IFB)
1 223
08/19/2024
National Institutes of Health National Institute of Child Health Bethesda, MD 20892-7511
National Institutes of Health National Institute of Child Health Bethesda, MD 20892-7511
NICHD
541715
% FOR:X
x
NICHD
1,000
75N94024R00003
NAICS:
HUBZONE SMALL
BUSINESS
SERVICE-DISABLED VETERAN-
OWNED SMALL BUSINESS
8(A)
WOMEN-OWNED SMALL BUSINESS (WOSB)
ELIGIBLE UNDER THE WOSB PROGRAM
EDWOSB
17.
ITEM NO.
18.
SCHEDULE OF SUPPLIES/SERVICES
19.
QUANTITY
20.
UNIT
21.
UNIT PRICE
22.
AMOUNT
Preclinical Medications Screening in Dependence
Models of Alcohol Use Disorder.
Proposals due: September 18, 2024 by 3 pm.
Period of Performance: December 1, 2024 through
November 30, 2031.
Period of Performance: 12/01/2024 to 11/30/2031
27. SIGNATURE OF OFFEROR/CONTACTOR 28. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
NAME AND TITLE OF SIGNER (TYPE OR PRINT) DATE SIGNED NAME OF CONTRACTING OFFICER DATE SIGNED
25. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET
FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY CONTINUATION SHEETS
SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.
26. AWARD OF CONTRACT: YOUR OFFER ON SOLICITATION
NUMBER SHOWN IN BLOCK 4 INCLUDING ANY ADDITIONS
OR CHANGES WHICH ARE SET FORTH HEREIN, IS
ACCEPTED AS TO ITEMS:
23. ACCOUNTING AND APPROPRIATION DATA 24. TOTAL AWARD AMOUNT
(FOR GOVERNMENT USE ONLY)
LISA L. SCHAUPP
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION NOT USABLE
STANDARD FORM 1447 (REV. 8/2016)
Prescribed by GSA - FAR (48 CFR) 53.214(d)
COPIES TO
TYPE OR PRINT NAME AND TITLE OF SIGNER
SIGNATURENAME AND ADDRESS OF FIRM (Include ZIP Code)
WE DO NOT, DESIRE TO BE RETAINED ON THE MAILING LIST FOR FUTURE PROCUREMENT OF THE TYPE OF ITEMS INVOLVEDWE DO
DO NOT REGULARLY MANUFACTURE OR SELL THE TYPE OF ITEMS INVOLVED
CANNOT MEET DELIVERY REQUIREMENT
OTHER (Specify)
UNABLE TO IDENTIFY THE ITEM(S)
CANNOT COMPLY WITH SPECIFICATIONS
PAGE
NO RESPONSE FOR REASONS CHECKED
223 2 OF
DATE AND LOCAL TIME
AFFIX
STAMP
HERE
TO:
FROM:
SOLICITATION NO.
National Institutes of Health National Institute of Child Health Bethesda, MD 20892-7511
NICHD
75N94024R00003
STANDARD FORM 1447 (REV. 8/2016) BACK
SECTION B - Supplies or Services/Prices
1. BRIEF DESCRIPTION OF SUPPLIES OR SERVICES
2. ESTIMATED COST - OPTION
3. PRICES/COSTS
4. PROVISIONS APPLICABLE TO DIRECT COSTS
5. ADVANCE UNDERSTANDINGS
6. Invoice Processing Platform (IPP)
SECTION C - Description/Specifications
1. REPORTING REQUIREMENTS
2. INVENTION REPORTING REQUIREMENT
SECTION D - Packaging and Marking
2. SHIPPING
SECTION E - Inspection and Acceptance
SECTION F - Deliveries or Performance
1. PERIOD OF PERFORMANCE
2. DELIVERIES
4. FAR 52.252-2 Clauses Incorporated by Reference. (FEB 1998)
SECTION G - Contract Administration Data
1. CONTRACTING OFFICER REPRESENTATIVE (COR)
2. TASK ORDER PROCEDURE
3. INDIRECT COST RATES
4. POST AWARD EVALUATION OF CONTRACTOR PERFORMANCE
5. GOVERNMENT PROPERTY
6. FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (MAR 2023) ... 18
7. HHSAR 352.237-75 Key Personnel. (DEC 2015)
SECTION H - Special Contract Requirements
1. HUMAN SUBJECTS
2. NIH POLICY ON ENHANCING REPRODUCIBILITY THROUGH RIGOR AND TRANSPARENCY
3. NIH POLICY ON ENHANCING PUBLIC ACCESS TO ARCHIVED PUBLICATIONS RESULTING FROM NIH-
FUNDED RESEARCH
4. ACKNOWLEDGEMENT OF FEDERAL FUNDING
5. DISSEMINATION OF FALSE OR DELIBERATELY MISLEADING INFORMATION
6. ANIMAL WELFARE
7. INTRODUCTION OF RODENTS AND RODENT PRODUCTS
8. PROTECTION OF PERSONNEL WHO WORK WITH NONHUMAN PRIMATES
9. RESTRICTION ON PORNOGRAPHY ON COMPUTER NETWORKS
10. GUN CONTROL
11. OPTION PROVISION
12. SUBCONTRACTING PROVISIONS
13. CONFIDENTIALITY OF INFORMATION
14. RESPONSIBILITIES OF INSTITUTIONS REGARDING INVESTIGATOR FINANCIAL CONFLICTS OF
INTEREST
15. PUBLICATION AND PUBLICITY
16. REPORTING MATTERS INVOLVING FRAUD, WASTE AND ABUSE
17. OBTAINING AND DISSEMINATING BIOMEDICAL RESEARCH RESOURCES
18. CONSTITUTION DAY
19. HHSAR 352.239-73 Electronic Information and Technology Accessibility Notice. (DEC 2015)
SECTION I - Contract Clauses
1. Authorized Substitutions ADD 52.215-23
2. Authorized Substitutions REMOVE 52.232-17
3. Authorized Substitutions REMOVE 52.249-6 & 52.249-14, ADD 52.249-5
4. FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems. (NOV 2021)
5. FAR 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters. (OCT 2018)
10. FAR 52.216-18 Ordering. (AUG 2020)
11. FAR 52.216-19 Order Limitations. (OCT 1995)
12. FAR 52.216-22 Indefinite Quantity. (OCT 1995)
13. FAR 52.217-9 Option To Extend the Term of the Contract. (MAR 2000)
30. HHSAR 352.270-5 a Notice to Offerors of Requirement for Compliance with the Public Health Service Policy on Humane Care and Use of Laboratory Animals. (DEC 2015)
31. 352.231-70 Salary Rate Limitation. (DEC 2015)
32. 352.270-5 b Care of Live Vertebrate Animals. (DEC 2015)
SECTION J - List of Documents, Exhibits and Other Attachments
SECTION K - Representations, Certifications, and Other Statements of Bidders
SECTION L - Instructions,Conditions, and Notices to Bidders
1. FAR 52.204-6 Unique Entity Identifier. (OCT 2016)
2. FAR 52.204-7 System for Award Management. (OCT 2018)
3. FAR 52.214-34 Submission of Offers in the English Language. (APR 1991)
4. FAR 52.214-35 Submission of Offers in U.S. Currency. (APR 1991)
5. FAR 52.215-1 Instructions to Offerors - Competitive Acquisition. (NOV 2021) - Alternate I (OCT 1997)
6. FAR 52.215-20 Requirements for Certified Cost or Pricing Data and Data Other Than Cost or Pricing Data. (NOV 2021)
10. FAR 52.232-38 Submission of Electronic Funds Transfer Information with Offer. (JUL 2013)
11. FAR 52.233-2 Service of Protest. (SEP 2006)
12. FAR 52.252-1 Solicitation Provisions Incorporated by Reference. (FEB 1998)
13. HHSAR 352.215-70 Late Proposals and Revisions. (DEC 2015)
14. HHSAR 352.219-70 Mentor-Protege Program. (DEC 2015)
15. HHSAR 352.239-73 Electronic Information and Technology Accessibility Notice. (DEC 2015)
SECTION M - Evaluation Factors for Award
SECTION B - Supplies or Services/Prices
1. BRIEF DESCRIPTION OF SUPPLIES OR SERVICES
The scope of this project is to perform blind testing of compounds (determined by NIAAA and supplied by compound developers or owners) in mice using standardized preclinical models of Alcohol Use Disorder (AUD) and to provide analyses and write-up of said testing.
2. ESTIMATED COST - OPTION
*This ARTICLE is applicable to Sample Task Order 01 only.
a. The estimated cost of the Base Period of this contract is To Be Negotiated. The estimated cost does not include Testing (Sample Task Order 02) tasks which will be awarded as needed.
b. The Base Period of this Task Order is To Be Negotiated. Payment shall be subject to the withholding provisions of the clauses ALLOWABLE COST AND PAYMENT referenced in the General Clause Listing in Part II, ARTICLE I.1. of this contract.
c. The total estimated amount of the Task Order, represented by the estimated cost of the Base Period is To Be Negotiated.
d. If the Government exercises its option pursuant to the OPTION PROVISION Article in SECTION H of this contract, the Government's total estimated Task Order amount represented by the estimated cost will be increased as follows:
Estimated Cost ($)
Base Period: December 1, 2024-November 30, 2025 To Be Negotiated (minimum)
Option Period(s):
Option Period 1: December 1, 2025-November 30, 2026 To Be Negotiated
Option Period 2: December 1, 2026-November 30, 2027 To Be Negotiated
Option Period 3: December 1, 2027-November 30, 2028 To Be Negotiated
Option Period 4: December 1, 2028-November 30, 2029 To Be Negotiated
Option Period 5: December 1, 2029-November 30, 2030 To Be Negotiated
Option Period 6: December 1, 2030-November 30, 2031 To Be Negotiated
3. PRICES/COSTS
a. This is an Indefinite Quantity contract as contemplated by FAR 16.504. The Contractor shall be reimbursed by the Government in an amount not less than a total of $45,000 (minimum) nor more than a total of $11,000,000 (maximum) for successful performance of this contract.
b. The costs set forth in this ARTICLE will cover the contract period December 1, 2024 through November 30, 3031.
c. The Government will issue Task Orders based on the work described in SECTION C of this contract.
4. PROVISIONS APPLICABLE TO DIRECT COSTS
This article will prohibit or restrict the use of Contract/Task Order funds, unless otherwise approved by the Contracting Officer. The following is a list of items that may be included in the resultant contract as applicable. 1) Conferences & Meetings, 2) Food for Meals, Light Refreshments & Beverages, 3) Promotional Items, 4) Acquisition, by purchase or lease, of any interest in real property; 5) Special rearrangement or alteration of facilities; 6) Purchase or lease of any item of general purpose office furniture or office equipment regardless of dollar value; 7) Travel Costs including Foreign Travel; 8) Consultant Costs; 9) Subcontract Costs; 10) Patient Care Costs; 11) Accountable Government Property;
12) Printing costs; and 13) Research Funding.
5. ADVANCE UNDERSTANDINGS
Specific elements of cost, which normally require prior written approval of the Contracting Officer before incurrence of the cost (e.g., foreign travel, consultant fees, subcontracts) will be included in this Article if the Contracting Officer has granted his/her approval prior to contract award.
6. Invoice Processing Platform (IPP)
NIH is using a phased transition approach from the NIH Office of Financial Management (OFM) Electronic Invoice Submission instructions to the Department of Treasury's Invoice Processing Platform (IPP). This award will transition to IPP in the future. The Contractor/Vendor shall use the attached NIH OFM Electronic Invoice Submission Instructions until the Contractor/Vendor has transitioned to IPP as specified on the OALM IPP website at https://oalm.od.nih.gov/IPP. It is the Contractor/Vendor's responsibility to periodically check the OALM IPP website and be prepared to transition to IPP on the designated transition date. Questions concerning the transition to IPP should be directed to NIH- IPPinvoicing@mail.nih.gov. Questions concerning this award should be directed to the NIH Contracting Officer.
All IPP invoices must contain a Unique Entity Identifier (UEI) which is located in the System for Award Management (SAM) and replaces the Dun & Bradstreet Data Universal Numbering System (DUNS) number.
SECTION C - Description/Specifications
DESCRIPTION-/SPECIFICATION-/WORKSTATEMENT-/STATEMENT OF WORK
Independently and not as an agent of the Government, the Contractor shall be required to furnish all the necessary services, qualified personnel, material, equipment, and facilities, not otherwise provided by the Government, as needed to perform the Statement of Work, dated August 13, 2024, attached hereto and made a part of this Solicitation (See SECTION J - List of Attachments).
1. REPORTING REQUIREMENTS
All reports shall be submitted electronically. In addition, one hardcopy of each report shall be submitted to the Contracting Officer.
These reports shall be compliant with Section 508 of the Rehabilitation Act of 1973. Additional information about testing documents for Section 508 compliance, including guidance and specific checklists, by application, can be found at: https://www.hhs.gov/web/section-508/index.html and at:
https://www.section508.gov/create/documents , "Create Accessible Documents."
All paper/hardcopy documents/reports submitted under this contract shall be printed or copied, double-sided, on at least 30 percent post-consumer fiber paper, whenever practicable, in accordance with FAR 4.302(b).
1. Technical Progress Reports
In addition to the required reports set forth elsewhere in this Schedule, the preparation and submission of regularly recurring Technical Progress Reports will be required in any Task Order resulting from this solicitation. These reports will require descriptive information about the activities undertaken during the reporting period and will require information about planned activities for future reporting periods. The frequency and specific content of these reports will be determined prior to contract award. [Note: Beginning May 25, 2008, the Contractor shall include the applicable PubMed Central or NIH Manuscript Submission reference number when citing publications that arise from its NIH funded research.]
For proposal preparation purposes only, it is estimated that in addition to the required electronic version(s) hard copies of these reports will be required as follows:
[ ] Monthly
[ ] Quarterly
[ ] Semi-Annually
[X] Annually
[ ] Annually (with a requirement for a Draft Annual Report)
[X] Final - Upon final completion of the contract
[ ] Final - Upon final completion of the contract (with a requirement for a Draft Final Report)
2. Summary of Salient Results
The Contractor will be required to prepare and submit, with the final report, a summary (not to exceed 200 words) of salient results achieved during the performance of the contract. This report will be required on or before the expiration date of the contract.
3. Other Reports/Deliverables
a. Reporting of Financial Conflict of Interest (FCOI)
All reports and documentation required by 45 CFR Part 94, Responsible Prospective Contractors including, but not limited to, the New FCOI Report, Annual FCOI Report, Revised FCOI Report, and the Mitigation Report, shall be submitted to the Contracting Officer in electronic format. Thereafter, reports shall be due in accordance with the regulatory compliance requirements in 45 CFR Part 94. 45 CFR Part 94 is available at:
https://www.ecfr.gov/current/title-45/part-94.
See Part 94.5, Responsibilities of Institutions regarding Investigator financial conflicts of interest for complete information on reporting requirements.
(Reference the INSTITUTIONAL RESPONSIBILITY REGARDING INVESTIGATOR FINANCIAL CONFLICTS OF INTEREST Article in SECTION H of this contract.)
b. Report of USDA-Designated Biobased Products
In accordance with FAR clause 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts, the Contractor shall report to https://www.sam.gov/SAM/ , with a copy to the Contracting Officer any USDA-designated biobased products purchased during the period of October 1-September 30 of each contract year. This report shall be submitted no later than October 31 of each year during contract performance and on the expiration date of the contract.
2. INVENTION REPORTING REQUIREMENT
All reports and documentation required by FAR Clause 52.227-11, Patent Rights-Ownership by the Contractor including, but not limited to, the invention disclosure report, the confirmatory license, and the Government support certification, shall be directed to the Division of Extramural Inventions and Technology Resources (DEITR), OPERA, OER, NIH, 6705 Rockledge Drive, Suite 310, MSC 7980, Bethesda, Maryland 20892-7980 (Telephone: 301-435-1986). In addition, one copy of an annual utilization report, and a copy of the final invention statement, shall be submitted to the Contracting Officer. The final invention statement (see FAR 27.303(b)(2)(ii)) shall be submitted to the Contracting Officer on the expiration date of the contract.
The annual utilization report shall be submitted in accordance with the DELIVERIES Article in SECTION F of this contract. The final invention statement (see FAR 27.303(b)(2)(ii)) shall be submitted on the expiration date of the contract. All reports shall be sent to the following address:
Contracting Officer National Institutes of Health NICHD Office of Acquisition NIAAA Contracts Management Branch 6700B Rockledge Drive Mail Stop Code 6902, Room 2122 Bethesda, Maryland 20817-6902
If no invention is disclosed or no activity has occurred on a previously disclosed invention during the applicable reporting period, a negative report shall be submitted to the Contracting Officer at the address listed above.
To assist contractors in complying with invention reporting requirements of the clause, the NIH has developed "Interagency Edison," an electronic invention reporting system. Use of Interagency Edison is required as it streamlines the reporting process and greatly reduces paperwork. Access to the system is through a secure interactive Web site to ensure that all information submitted is protected.
Interagency Edison and information relating to the capabilities of the system can be obtained from the Web ( http://www.iedison.gov ), or by contacting the Extramural Inventions and Technology Resources Branch, OPERA, NIH.
SECTION D - Packaging and Marking
1. PACKAGING, MARKING, AND SHIPPING
All deliverables required under this contract shall be packaged, marked and shipped in accordance with manufacturer specifications. At a minimum, all deliverables shall be marked with the contract number and Contractor name. The Contractor shall guarantee that all required materials shall be delivered in immediate usable and acceptable condition.
2. SHIPPING
Compounds supplied to the Contractor will be accompanied by material handling agreements by which the Contractor shall abide.
SECTION E - Inspection and Acceptance
1. The Contracting Officer or the duly authorized representative will perform inspection and acceptance of materials and services to be provided.
2. For the purpose of this SECTION, TBD is the authorized representative of the Contracting Officer.
3. Inspection and acceptance will be performed at:
National Institutes of Health (NIH) National Institute on Alcohol Abuse and Alcoholism (NIAAA) Division of Neuroscience and Behavior (DNB) Rockville, Maryland
a. Inspect by Individual
Acceptance may be presumed unless otherwise indicated in writing by the Contracting Officer or the duly authorized representative within 30 days of receipt.
4. 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.
a. FAR 52.246-5 Inspection of Services - Cost-Reimbursement. (APR 1984)
b. FAR 52.246-8 Inspection of Research and Development - Cost-Reimbursement. (MAY 2001)
c. FAR 52.246-9 Inspection of Research and Development (Short Form). (APR 1984)
SECTION F - Deliveries or Performance
1. PERIOD OF PERFORMANCE
a. The ordering period of performance of this contract shall be from December 1, 2024 through November 30, 2031.
Item b. is applicable to Sample Task Order 01 only.
b. If the Government exercises its option(s) pursuant to the OPTION PROVISION Article in Section H of this contract, the period of performance will be increased as listed below:
Option Option Period Option One (1) December 1, 2025-November 30, 2026 Option Two (2) December 1, 2026-November 30, 2027 Option Three (3) December 1, 2027-November 30, 2028 Option Four (4) December 1, 2028-November 30, 2029 Option Five (5) December 1, 2029-November 30, 2030 Option Six (6) December 1, 2030-November 30, 2031
2. DELIVERIES
Satisfactory performance of the final contract shall be deemed to occur upon performance of the work described in the Statement of Work Article in SECTION C of this contract and upon delivery and acceptance by the Contracting Officer, or the duly authorized representative, of the following items in accordance with the stated delivery schedule:
a. The items specified below as described in the REPORTING REQUIREMENTS Article in SECTION C of this contract will be required to be delivered F.o.b. Destination as set forth in FAR 52.247- 35, F.o.b. DESTINATION, WITHIN CONSIGNEES PREMISES (APRIL 1984), and in accordance with and by the dates specified below, and in accordance with ARTICLE D.1.:
Item Description Quantity Delivery Schedule
(1) See Section J (Attachment #3- Deliverables)
(2) (3)
b. The above items shall be addressed and delivered to:
Addressee Deliverable Item No Quantity
See Section J (Attachment #3- Deliverables)
c. FAR 52.242-15 Stop-Work Order. (AUG 1989) - Alternate I (APR 1984)
d. FAR 52.252-2 Clauses Incorporated by Reference. (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
http://www.acquisition.gov/?q=browsefar
(End of clause)
SECTION G - Contract Administration Data
1. CONTRACTING OFFICER REPRESENTATIVE (COR)
The following Contracting Officer Representative (COR) will represent the Government for the purpose of this contract:
COR- To be identified prior to award.
The COR is responsible for: (1) monitoring the Contractor's technical progress, including the surveillance and assessment of performance and recommending to the Contracting Officer changes in requirements; (2) interpreting the statement of work and any other technical performance requirements; (3) performing technical evaluation as required; (4) performing technical inspections and acceptances required by this contract; and (5) assisting in the resolution of technical problems encountered during performance.
The Contracting Officer is the only person with authority to act as agent of the Government under this contract. Only the Contracting Officer has authority to: (1) direct or negotiate any changes in the statement of work; (2) modify or extend the period of performance; (3) change the delivery schedule; (4) authorize reimbursement to the Contractor for any costs incurred during the performance of this contract; (5) otherwise change any terms and conditions of this contract; or (6) sign written licensing agreements. Any signed agreement shall be incorporated by reference in Section K of the contract
The Government may unilaterally change its COR designation.
2. TASK ORDER PROCEDURE
This contract provides for the issuance of Task Orders on a negotiated basis as follows:
a. General
Only the Contracting Officer may issue Task Orders to the Contractor, providing specific authorization or direction to perform work within the scope of the contract and as specified in the Statement of Work. Unless specifically authorized by the Contracting Officer, the Contractor shall not commence work until a fully executed Task Order has been awarded. The Contractor may incur costs under this contract in performance of task orders and task order modifications issued in accordance with this ARTICLE.
No other costs are authorized unless otherwise specified in the contract or expressly authorized by the Contracting Officer.
b. Requesting Task Order Proposals.
The Contracting Officer or a designated individual may solicit responses to requirements from Contractors within a technical area covered by a task order requirement in writing. A Task Order Request for Proposals (TORFP) will be prepared and issued for each task order requirement.
Generally, the Task Order Request for Proposal (TORFP) will include but is not limited to the following:
1. Statement of Work;
2. Reporting Requirements and Deliverables;
3. Proposal Due Date and Location to Deliver Proposals;
4. Period of Performance of Task Order;
5. Anticipated type of Task Order;
6. Technical Proposal Instructions;
7. Business proposal Instructions
8. Evaluation Factors for Award
All contract clauses contained in this contract shall be incorporated in the TORFP and the resultant task order. If conflicts exist between the contract clauses and the information outlined in the task order, the contract language takes precedence over the information in the task order.
c. Evaluation and Award of Task Order Proposals
The Government will evaluate the Task Order proposals against the requirements of the TORFP.
Specifically, the technical evaluation factors, cost/price, past performance and any other factor specifically identified in the TORFP will be used for evaluation of each proposal. In addition, the TORFP will identify the basis for selecting a Contractor for award. Generally, technical factors will be significantly more important than cost or price. However, each TORFP will specify how the award decision will be made.
Upon completion of evaluations, the Contracting Officer will issue a task order to the Contractor.
1. In addition to the requirements specified in FAR 32.905 for a proper invoice, the Contractor shall include the following information on the face page of all payment requests:
a. Name of the Office of Acquisitions. The Office of Acquisitions for this contract is National Institute of Child Health and Human Development (NICHD).
b. Federal Taxpayer Identification Number (TIN). If the Contractor does not have a valid TIN, it shall identify the Vendor Identification Number (VIN) on the payment request. The VIN is the number that appears after the Contractor's name on the face page of the contract. [Note: A VIN is assigned to new contracts awarded on or after June 4, 2007, and any existing contract modified to include the VIN number.] If the Contractor has neither a TIN, Unique Entity Identifier (UEI), or VIN, contact the Contracting Officer. Note: The Contractor shall not include TIN if it is a Social Security Number.
c. Unique Entity Identifier (UEI). The UEI is located in the System for Award Management (SAM) and replaces the Dun & Bradstreet Data Universal Numbering System (DUNS) number. The UEI number must identify the Contractor's name and address exactly as stated in the contract and as registered in the Central Contractor Registration (CCR) database. If the Contractor does not have a valid UEI number, it shall identify the Vendor Identification Number (VIN) on the payment request. The VIN is the number that appears after the Contractor's name on the face page of the contract. [Note: A VIN is assigned to new contracts awarded on or after June 4, 2007, and any existing contract modified to include the VIN number.] If the Contractor has neither a TIN, UEI, or VIN, contact the Contracting Officer.
d. Invoice Matching Option. This contract requires a two-way match.
e. Unique Invoice Number. Each payment request must be identified by a unique invoice number, which can only be used one time regardless of the number of contracts or orders held by an organization.
f. The Contract Title is:
Preclinical Medication Screening in Dependence Models of Alcohol Use
g. Contract Line Items as follows:
Line Item # Line Item Description
TBD
1. Inquiries regarding payment of invoices shall be directed to the designated billing office,
(301) 496-6452 .
2. The Contractor shall include the following certification on every invoice for reimbursable costs incurred with Fiscal Year funds subject to HHSAR Clause 352.231-70, Salary Rate Limitation in SECTION I of this contract. For billing purposes, certified invoices are required for the billing period during which the applicable Fiscal Year funds were initially charged through the final billing period utilizing the applicable Fiscal Year funds:
'I hereby certify that the salaries charged in this invoice are in compliance with HHSAR Clause 352.231-70, Salary Rate Limitation in SECTION I of the above referenced contract.'
3. INDIRECT COST RATES
In accordance with Federal Acquisition Regulation (FAR) (48 CFR Chapter 1) Clause 52.216-7 (d)(2), Allowable Cost and Payment incorporated by reference in this contract in PART II, SECTION I, the cognizant Contracting Officer Representative responsible for negotiating provisional and/or final indirect cost rates is identified as follows:
Director, Division of Financial Advisory Services Office of Acquisition Management and Policy National Institutes of Health
6011 EXECUTIVE BLVD, ROOM 549C, MSC-7663
BETHESDA MD 20892-7663
These rates are hereby incorporated without further action of the Contracting Officer. Go to the Indirect Cost Submission web page: https://oamp.od.nih.gov/division-of-financial-advisory-services/indirect-cost-branch/indirect-cost-submission for electronic copies of the Branch's information package documents.
4. 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 on a date To Be Determined..
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:
https://www.cpars.gov
5. GOVERNMENT PROPERTY
If this RFP will result in the acquisition or use of Government Property provided by the contracting agency or if the Contracting Officer authorizes in the preaward negotiation process, the acquisition of property (other than real property), this ARTICLE will include applicable provisions and incorporate the HHS Publication, entitled, 'HHS Contracting Guide for Contract of Government Property,' Appendix Q, which can be found at:
https://oamp.od.nih.gov/sites/default/files/DGS/HHS%20Contracting%20Guide%20for%20Contract%2 0of%20Government%20Property-Appendix%20Q.pdf
6. FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors.
(MAR 2023)
(a)(1) In accordance with 31 U.S.C. 3903 and 10 U.S.C. 3801, within 15 days after receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.
(2) The Contractor agrees to make such payments to its small business subcontractors without any further consideration from or fees charged to the subcontractor.
(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.
(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial products or commercial services.
(End of clause)
7. HHSAR 352.237-75 Key Personnel. (DEC 2015)
The key personnel specified in this contract are considered to be essential to work performance. At least 30 days prior to the contractor voluntarily diverting any of the specified individuals to other programs or contracts the Contractor shall notify the Contracting Officer and shall submit a justification for the diversion or replacement and a request to replace the individual. The request must identify the proposed replacement and provide an explanation of how the replacement's skills, experience, and credentials meet or exceed the requirements of the contract (including, when applicable, Human Subjects Testing requirements). If the employee of the contractor is terminated for cause or separates from the contractor voluntarily with less than thirty days notice, the Contractor shall provide the maximum notice practicable under the circumstances. The Contractor shall not divert, replace, or announce any such change to key personnel without the written consent of the Contracting Officer.
The contract will be modified to add or delete key personnel as necessary to reflect the agreement of the parties.
SECTION H - Special Contract Requirements
1. HUMAN SUBJECTS
It is hereby understood and agreed that research involving human subjects shall not be conducted under this contract, and that no material developed, modified, or delivered by or to the Government under this contract, or any subsequent modification of such material, will be used by the Contractor or made available by the Contractor for use by anyone other than the Government, for experimental or therapeutic use involving humans without the prior written approval of the Contracting Officer.
2. NIH POLICY ON ENHANCING REPRODUCIBILITY THROUGH RIGOR AND
TRANSPARENCY
Contractors shall adhere to the NIH policy of enhancing reproducibility through rigor and transparency by addressing each of the four areas of the policy in performance of the Statement of Work and in publications, as applicable: 1) Scientific Premise; 2) Scientific Rigor; 3) Consideration of Relevant Biological Variables, including Sex; and 4) Authentication of Key Biological and/or Chemical Resources.
This policy applies to all NIH funded research and development, from basic through advanced clinical studies. See NIH Guide Notice, NOT-OD-15-103 , "Enhancing Reproducibility through Rigor and Transparency" and NOT-OD-15-102 , "Consideration of Sex as a Biological Variable in NIH-funded Research" for more information. In addition, publications are expected to follow the guidance at https://www.nih.gov/research-training/rigor-reproducibility/principles-guidelines-reporting-preclinical-research, whether preclinical or otherwise, as appropriate. More information is available at https://grants.nih.gov/policy/reproducibility/index.htm, including FAQs and a General Policy Overview.
3. NIH POLICY ON ENHANCING PUBLIC ACCESS TO ARCHIVED PUBLICATIONS
RESULTING FROM NIH-FUNDED RESEARCH
NIH-funded investigators shall submit to the NIH National Library of Medicine's (NLM) PubMed Central (PMC) an electronic version of the author's final manuscript, upon acceptance for publication, resulting from any NIH-funded or conducted research, supported in whole or in part with direct costs from NIH regardless of NIH funding mechanism. NIH defines the author's final manuscript as the final version accepted for journal publication, which includes all modifications that result from the publishing and peer review process, and which should be made accessible as soon as possible, and no later than the time of an associated publication or the end of the award/support period, whichever comes first. The PMC archive will permanently preserve and retain these manuscripts for use by the public, health care providers, educators, scientists, and NIH. NIH Policy directs electronic submissions to the NIH/NLM/PMC: https://www.ncbi.nlm.nih.gov/pmc/.
Additional information is available at: https://grants.nih.gov/grants/guide/notice-files/NOT-OD-21- 013.html and https://publicaccess.nih.gov/.
4. ACKNOWLEDGEMENT OF FEDERAL FUNDING
The Contractor shall clearly state, when issuing statements, press releases, requests for proposals, bid solicitations and other documents describing projects or programs funded in whole or in part with Federal money: (1) the percentage of the total costs of the program or project which will be financed with Federal money; (2) the dollar amount of Federal funds for the project or program; and (3) the percentage and dollar amount of the total costs of the project or program that will be financed by nongovernmental sources.
5. DISSEMINATION OF FALSE OR DELIBERATELY MISLEADING INFORMATION
The Contractor shall not use contract funds to disseminate information that is deliberately false or misleading.
6. ANIMAL WELFARE
All research involving live, vertebrate animals shall be conducted in accordance with the Public Health Service Policy on Humane Care and Use of Laboratory Animals (PHS Policy). The PHS Policy can be accessed at: https://olaw.nih.gov/policies-laws/phs-policy.htm .
In addition, the research involving live vertebrate animals shall be conducted in accordance with the description set forth in the Vertebrate Animal Section (VAS) of the contractor's technical proposal, as modified in the Final Proposal Revision (FPR), dated TBD, which is incorporated by reference.
7. INTRODUCTION OF RODENTS AND RODENT PRODUCTS
No rodent or rodent product shall be delivered into the NIH, NIAAA environment (NIH) directly, or through collaborative research or holding facilities under contract to NIAAA except by permit. Direct shipments to NIH from a Division of Veterinary Resources (DVR), Office of Research Services (ORS) approved source will be considered exempt. Non-exempt sources must be approved by permit issued through the DVR, ORS. The permit must be obtained by the Contractor prior to the shipment to NIH of the rodents and/or rodent products. The Contractor must be sure that this permit exists and is current before transferring rodents or rodent products into the NIH, NIAAA environment. Refusal or negligence to do so will be considered a material breach of contract and may be treated as any other such material breach. Applications for permits should be submitted by facsimile not less than 30 days prior (60 days in situations where quarantine is likely) to shipping date to: NIH Division of Veterinary Resources (DVR), Office of Research Services (ORS), Building 14G, Service Rd. South, Room 102, BETHESDA MD 20892-5210, (301)496-2527, FAX: (301) 402-0352.
8. PROTECTION OF PERSONNEL WHO WORK WITH NONHUMAN PRIMATES
All Contractor personnel who work with nonhuman primates or enter rooms or areas containing nonhuman primates shall comply with the procedures set forth in NIH Policy Manual 3044-2, entitled, "Protection of NIH Personnel Who Work with Nonhuman Primates," located at the following URL:
https://policymanual.nih.gov/3044-2.
9. 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.
10. GUN CONTROL
The Contractor shall not use contract funds in whole or in part, to advocate or promote gun control.
11. OPTION PROVISION
Unless the Government exercises its option pursuant to the Option Clause set forth in SECTION I., the contract will consist only of the Base Period of the Statement of Work as defined in Sections C and F of the contract. Pursuant to FAR Clause 52.217-9, Option to Extend the Term of the Contract set forth in SECTION I. of this contract, the Government may, by unilateral contract modification, require the Contractor to perform additional options set forth in the Statement of Work and also defined in Sections C and F of the contract. If the Government exercises this option, notice must be given at least 60 days prior to the expiration date of this contract, and the estimated cost of the contract will be increased as set forth in the ESTIMATED COST Article in SECTION B of this contract.
12. SUBCONTRACTING PROVISIONS
a. Small Business Subcontracting Plan
1. In accordance with FAR 19.704 and FAR Clause 52.219-9, the submission of a subcontracting plan by other than small business offeror( s) is a requirement as a part of the proposal submission process and is to be submitted separately from the technical and cost proposals. An offeror's subcontracting plan must be determined to be acceptable, by the Contracting Officer, prior to the contract award.
2. The failure of any Contractor or subcontractor to comply in good faith with FAR Clause 52.219-8, entitled " Utilization of Small Business Concerns" incorporated in this contract and the attached Subcontracting Plan, will be a material breach of such contract or subcontract and subject to the remedies reserved to the Government under FAR Clause 52.219-16 entitled, "Liquidated Damages- Subcontracting Plan."
b. Subcontracting Reports
1. An offeror is to submit their respective subcontracting plan electronically using the U.S. Department of Health and Human Services (HHS) Small Business Customer Experience (SBCX) system at https://osdbu.hhs.gov . The offeror shall follow the instructions outlined in the SBCX Industry Guide at: https://oamp.od.nih.gov/nih-document-generation-system/dgs-workform-information/attachment-files-section-j to successfully submit their subcontracting plan by the proposal submission deadline.
2. The official point of receipt for determining timely submission of an offeror's subcontracting plan is the SBCX system and/or email notification. Once the subcontracting plan is successfully submitted in the SBCX system the offeror should receive an email notification and confirmation message of completion upon submission.
3. If an offeror's subcontracting plan is not confirmed as received within the SBCX system by the proposal submission date specified in the solicitation, it will be considered late in accordance with subparagraph (c)(3) of FAR Clause 52.215-1, Instructions to Offeror-Competition Acquisition. Disposition of late submittals of a subcontracting plan by an offeror via the SBCX system is at the discretion of the Contracting Officer.
4. Any technical questions regarding the use of the SBCX system may be submitted via email message to the SBCX help desk at client.support@apexlogic.com. The client support hours of operation are Monday - Friday, 6:00 a.m. - 8:00 p.m. Eastern Standard Time (EST). Note: help desk tickets can be submitted 24 hours a day / 7 days a week and a representative will respond within the presented client support hours of operation for assistance.
5. Individual Subcontract Reports ( ISR)
The Contractor must submit the following Subcontracting reports electronically via the Subcontracting Reporting System (eSRS) at https://www.esrs.gov/.
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
6. Summary Subcontract Report (SSR)
Regardless of the effective date of this contract, the Summary Subcontract Report must 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 Contract Specialist must be included as a contact for notification purposes at the following e- mail address:
sarah.bank@nih.gov Contract Specialist
13. CONFIDENTIALITY OF INFORMATION
1. Confidential information, as used in this article, means information or data of a personal nature about an individual, or proprietary information or data submitted by or pertaining to an institution or organization.
2. The Contracting Officer and the Contractor may, by mutual consent, identify elsewhere in this contract specific information and/or categories of information which the Government will furnish to the Contractor or that the Contractor is expected to generate which is confidential.
Similarly, the Contracting Officer and the Contractor may, by mutual consent, identify such confidential information from time to time during the performance of the contract. Failure to agree will be settled pursuant to the "Disputes" clause.
3. If it is established elsewhere in this contract that information to be utilized under this contract, or a portion thereof, is subject to the Privacy Act, the Contractor will follow the rules and procedures of disclosure set forth in the Privacy Act of 1974, 5 U.S.C. 552a, and implementing regulations and policies, with respect to systems of records determined to be subject to the Privacy Act.
4. Confidential information, as defined in paragraph 1. of this article, shall not be disclosed without the prior written consent of the individual, institution, or organization.
5. Whenever the Contractor is uncertain with regard to the proper handling of material under the contract, or if the material in question is subject to the Privacy Act or is confidential information subject to the provisions of this article, the Contractor should obtain a written determination from the Contracting Officer prior to any release, disclosure, dissemination, or publication.
6. Contracting Officer determinations will reflect the result of internal coordination with appropriate program and legal officials.
7. The provisions of paragraph 4. of this article shall not apply to conflicting or overlapping provisions in other Federal, State or local laws.
The following information is covered by this article:
Proprietary test Material provided to the Contractor (proprietary to third parties) and data generated from testing and evaluation of these Materials (also considered to be proprietary to the provider).
14. RESPONSIBILITIES OF INSTITUTIONS REGARDING INVESTIGATOR FINANCIAL
CONFLICTS OF INTEREST
The Institution (includes any Contractor, public or private, excluding a Federal agency) shall comply with the requirements of 45 CFR Part 94, Responsible Prospective Contractors, which promotes objectivity in research by establishing standards to ensure that Investigators (defined as the project director or principal Investigator and any other person, regardless of title or position, who is responsible for the design, conduct, or reporting of research funded under NIH contracts, or proposed for such funding, which may include, for example, collaborators or consultants) will not be biased by any Investigator financial conflicts of interest. 45 CFR Part 94 is available at the following Web site:
https://www.ecfr.gov/current/title-45/part-94.
As required by 45 CFR Part 94.4, Responsibilities of Institutions regarding Investigator financial conflicts of interest, each Institution shall:
a. Maintain an up-to-date, written, enforced policy on financial conflicts of interest that complies with this part, and make such policy available via a publicly accessible Web site. If the Institution does not have any current presence on a publicly accessible Web site (and only in those cases), the Institution shall make its written policy available to any requestor within five business days of a request. If, however, the Institution acquires a presence on a publicly accessible Web site during the time of the NIH award, the requirement to post the information on that Web site will apply within 30 calendar days. If an Institution maintains a policy on financial conflicts of interest that includes standards that are more stringent than this part (e.g., that require a more extensive disclosure of financial interests), the Institution shall adhere to its policy and shall provide FCOI reports regarding identified financial conflicts of interest to the NIH Awarding Component in accordance with the Institution's own standards and within the timeframe prescribed by this part.
b. Inform each Investigator of the Institution's policy on financial conflicts of interest, the Investigator's responsibilities regarding disclosure of significant financial interests, and of these regulations, and require each Investigator to complete training regarding the same prior to engaging in research related to any NIH-funded contract and at least every four years, and immediately when any of the following circumstances apply:
1. The Institution revises its financial conflict of interest policies or procedures in any manner that affects the requirements of Investigators;
2. An Investigator is new to an Institution; or
3. An Institution finds that an Investigator is not in compliance with the Institution's financial conflict of interest policy or management plan.
c. If the Institution carries out the NIH-funded research through a subrecipient (e.g., subcontractors, or consortium members), the Institution (awardee Institution) must take reasonable steps to ensure that any subrecipient Investigator complies with this part by Incorporating as part of a written agreement with the subrecipient terms that establish whether the financial conflicts of interest policy of the awardee Institution or that of the subrecipient will apply to the subrecipient's Investigators.
1. If the subrecipient's Investigators must comply with the subrecipient's financial conflicts of interest policy, the subrecipient shall certify as part of the agreement referenced above that its policy complies with this part. If the subrecipient cannot provide such certification, the agreement shall state that subrecipient Investigators are subject to the financial conflicts of interest policy of the awardee Institution for disclosing significant financial interests that are directly related to the subrecipient's work for the awardee Institution;
2. Additionally, if the subrecipient's Investigators must comply with the subrecipient's financial conflicts of interest policy, the agreement referenced above shall specify time period(s) for the subrecipient to report all identified financial conflicts of interest to the awardee Institution.
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