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Pediatric One Year Old Simulator


Maryland, United States
Government : Federal
RFP
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COMBINED SYNOPSIS/SOLICITAITON RFP: 19-016410

 

In accordance with the terms of FAR 12.603:

 

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

 

(ii)The solicitation number for this requirement is 19-016410 and this is a Request For Proposals. The closing date and time for the receipt of proposals is Monday, September 16, 2019, 8:00 a.m., Eastern Standard Time (EST). Proposals are due, electronically to Michael.falzone@nih.gov no later than Monday, September 16, 2019, 8:00 a.m. Eastern Standard Time (EST). Quotes must be valid for 90 days.

 

(iii)The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-97-1, dated 01-24-2018.(iv)This requirement is being solicited as a 100% Small Business. The North American Industry Classification System (NAICS) code 611710 – Educational Support Services, and the size standard for this requirement is $15,000,000.00. The resulting contract will be a Firm Fixed Price Award. The anticipated award date is on or before September 20, 2019.

 

(vi) The NIH CC Enhanced Simulation program’s purpose is to provide a facility, administrative staff, and instructor training so that all teams in the NIH CC have the opportunity to develop and operationalize simulation programming to maintain and enhance their clinical skills to best care for their patients enrolled in clinical research protocols. The purpose of the elementary school-aged pediatric simulator is to ensure that the elementary school age, pediatric population is represented in the simulation scenarios as the NIH CC Enhanced Simulation Program expands current curriculum. A detailed description of the requirement can be found in the Statement of Work (SOW).

 

(vii)Place of Performance and FOB Destination: The contractor shall perform the work required under this contract at the National Institutes of Health, Building 10, 10 Center Drive, Bethesda, Maryland.

 

(viii)The provision at 52.212-1, Instructions to Offerors—Commercial, applies to this acquisition and a statement regarding any addenda to the provision.

 

(ix)The provision at 52.212-2, Evaluation—Commercial Items, is applicable.

52.212-2 Evaluation—Commercial Items.

As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as follows:

 

Evaluation—Commercial Items (Oct 2014)

Technical, Past Performance and Price are in descending order of importance. Technical is more important than past performance. Technical and Past Performance, when combined, are significantly more important than Price. The importance of price in the evaluation will increase with the degree of equality among quotations of the non-price factors.

To receive consideration for award, a rating of no less than “ACCEPTABLE” must be achieved for the technical capability evaluation factor. For Past Performance, the offeror must receive a rating of no less than ‘SATISFACTORY confidence’ to be considered for award. However, Offeror’s which receive an unknown (neutral) past performance rating will be considered for award.

 

PART I: TECHNICAL

 

Each of the Technical sub factors will be assessed individually and the results will then be assessed in their totality to derive the Offeror’s Technical rating.  In no event will the overall factor rating exceed the lowest sub factor rating. An unacceptable sub factor rating will result in an unacceptable factor rating. The Offeror's proposal will be evaluated against the SOW’s Description of Services and Requirements. The evaluation process will consider the following:

Subfactor 1A. Description of Services:

QTY: (1)  Pediatric Simulator: High Fidelity, representative of a 1-3 year old

Subfactor 1B. Requirements. 

 

I.             High-Fidelity, robotic, interactive Simulator representative of 1-3 years of age

II.           State-of-the art, lifelike simulator

III.          Anatomically accurate Oropharyngeal and nasopharyngeal airways

IV.          Spontaneous breathing with variable rate, depth and regularity

V.           Independent normal/abnormal heart sounds at aortic, pulmonic, and mitral sites

VI.          Pulse strength variable with BP monitored by sim equipment as well as organizational monitoring equipment (Ability to interface with current hospital patient care equipment)

VII.         Ability to invoke seizure activity (Should be lifelike, tetherless)

VIII.        Authentic patient monitoring to include SpO2, EKG, live pacing, and defibrillation

IX.          Must have the following miscellaneous options:

i.             Manual Control over manikin and monitoring from wireless or tablet system

ii.            Able to facilitate in situ simulation experiences

iii.           Mobile simulation monitoring capabilities

iv.           Ability to preprogram simulation scenarios

v.            Tether less manikin

vi.           Learning management system

The following adjectival ratings will be used in evaluating each Offeror’s technical proposal.

PART I: TECHNICAL

Each of the Technical sub factors will be assessed individually and the results will then be assessed in their totality to derive the Offeror’s Technical rating.  In no event will the overall factor rating exceed the lowest sub factor rating. An unacceptable sub factor rating will result in an unacceptable factor rating. The Offeror's proposal will be evaluated against the SOW’s Description of Services and Requirements. The evaluation process will consider the following:

The following adjectival ratings will be used in evaluating each Offeror’s technical proposal.

 





Color



Rating



Description





Blue



Outstanding



Proposal meets requirements and indicates an exceptional approach and understanding of the requirements. Strengths far outweigh any weaknesses. Risk of unsuccessful performance is very low.





Purple



Good



Proposal meets requirements and indicates a thorough approach and understanding of the requirements. Proposal contains strengths which outweigh any weaknesses. Risk of unsuccessful performance is low.





Green



Acceptable



Proposal meets requirements and indicates an adequate approach and understanding of the requirements. Strengths and weaknesses are offsetting or will have little or no impact

on contract performance. Risk of unsuccessful performance is no worse than moderate.





Yellow



Marginal



Proposal does not clearly meet requirements and has not demonstrated an adequate approach and understanding of the requirements. The proposal has one or more weaknesses which are not offset by strengths. Risk of unsuccessful performance is high.





Red



Unacceptable



Proposal does not meet requirements and contains one or more deficiencies. Proposal is un-awardable.





 

PART II:  PAST PERFORMANCE 

The past performance evaluation results is an assessment of the Offeror’s probability of meeting the minimum past performance solicitation requirements.  This assessment is based on the Offeror’s record of relevant and recent past performance information that pertain to the products and/or services outlined in the solicitation requirements.

Offeror’s are cautioned that in conducting present and past performance evaluations, the Government may use data provided in the Offeror’s proposal, any other source available to the Government and data obtained from other sources to include, but not limited, to data independently obtained from other Government and commercial sources.

 The Government will evaluate Quality of Performance (how well the contractor has performed on contracts).  

All Contractors shall provide a minimum of three (3) references. References should demonstrate the ability of the Contractor to perform jobs similar in scope to the size, nature and complexity of the outlined Proposal. The references shall include the:

 

•             Company name, address, contact person, telephone number, fax number, e-mail address, if available, and number of years Contractor has serviced the referenced account;

•             Scope of Work performed within the past three (3) years for each referenced account.

•             Total yearly value of the contract work performed

 

The following ratings shall be used for the Performance Confidence Assessment. 





Performance Confidence Assessments


 



Rating



Description





Substantial Confidence



Based on the Offeror’s recent/relevant performance record, the Government has a high expectation that the offeror will successfully perform the required effort.





Satisfactory Confidence



Based on the Offeror’s recent/relevant performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort.





Limited Confidence



Based on the Offeror’s recent/relevant performance record, the Government has a low expectation that the offeror will successfully perform the required effort.





No Confidence



Based on the Offeror’s recent/relevant performance record, the Government has no expectation that the offeror will be able to successfully perform the required effort.





Unknown Confidence (Neutral)



No recent/relevant performance record is available or the Offeror’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned.





 

PART III:  PRICE   

Price will be evaluated separately from the technical and past performance factors and will be evaluated for fairness and reasonability in terms of the Government’s requirement.

(End of provision)

 

(x)Offerors shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications—Commercial Items, with its offer, or submit a printout to their Online Reps and Certs. FAR 52.212-3 Offeror Representations and Certifications—Commercial Item. A copy of the provision is included in “Attachment 2 – OFFEROR REPRESENTATIONS ANDCERTIFICATIONS”.

(xi)The clause at 52.212-4, Contract Terms and Conditions—Commercial Items, applies to this acquisition. An addenda to the clause, is included below:

52.212-4 Contract Terms and Conditions – Commercial Items (May 2015), (incorporated by reference)

Addendum to 52.212-4 Invoicing Guidance

Mail the original itemized invoice to:

 

National Institutes of Health

Office of Financial Management

Commercial Accounts

2115 East Jefferson Street, Room 4B-432, MSC 8500

Bethesda, MD 20892-8500

 

For inquiries regarding payment call:

Chief, Accounts Payable Section, OFM

(301)496-6088

 

Additionally, please email a courtesy copy of the invoice to the Contract Specialist for the official contract file.

The following Invoice and Payment Terms is applicable to all purchase orders, task/delivery orders and BPA Calls:

I. Invoice Requirements

A. An invoice is the Vendor's bill or written request for payment under the contract for supplies delivered or services performed. A proper invoice is an "Original" which must include the items listed in bullets 1 through 12 below. If the invoice does not comply with these requirements, it can result in an invoice being considered improper and returned to the vendor.

1.Name and Address of the Vendor

2.Invoice date (Date Invoice Submitted)

3.Order number and where applicable, main agreement (e.g., BPA and Contract #)

4.Description, quantity, unit of measure, unit price, and extended price of supplies delivered or service performed

5.Shipping and payment terms (e.g., shipment number and date of shipment, prompt payment discount terms)

6.Name and complete mailing address where payment is to be sent per ACH information on record

7.Name (where practicable), title, telephone number and mailing address of person to be notified in the event of a defective invoice

8.DUNS number or DUNS+4, as registered in CCR

9.Vendor Identification Number (VIN)

10.NOTE: This only applies to new purchase orders, task/delivery orders and BPA Calls awarded on/after June 4, 2007. The VIN is a 7 digit number that appears after the vendor's name on the face page of the award document in the block where the contractor's name and address appear. Inclusion of the VIN on the invoice is not required if the invoice identifies the contractor's DUNS or DUNS+4

11.Any other information or documentation required by the order (e.g., evidence of shipment)

12.Unique Invoice Number which can only be used one time regardless of the number of contracts or orders held by an organization (or business unit identified by a separate DUNS or DUNS+4 number), regardless if the invoices are being issued out of separate locations

B. Shipping costs will be reimbursed only if authorized by the Contract/Purchase Order. If authorized, shipping costs must be itemized.

II Invoice Payment

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

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

2.The 30th day after Government acceptance of supplies delivered or services performed

B. The due date for making invoice payments for meat and meat food products, perishable agricultural commodities, dairy products, and edible fats or oils, shall be in accordance with the Prompt Payment Act, as amended.

 

III. Interest Penalties

 

A. An interest penalty shall be paid automatically if payment is not made by the due date and the conditions listed below are met, if applicable

1.A proper invoice was received by the designated billing office;

2.A receiving report or other Government documentation authorizing payment was processed and there was no disagreement over quantity, quality, or contractor compliance with a term or condition;

3.In the case of a final invoice for any balance of funds due the contractor for supplies delivered or services performed, the amount was not subject to further settlement actions between the Government and the Contractor.

B. Determination of interest and penalties due will be made in accordance with the provisions of the Prompt Payment Act, as amended, the Contract Disputes Act, and regulations issued by the Office of Management and Budget.

 

(xii)The clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items, applies to this acquisition. The following FAR clauses are applicable:

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items.

As prescribed in 12.301(b)(4), insert the following clause:

CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (OCT 2015)

(a)The Contractor shall comply with the following Federal Acquisition Regulation (FAR)clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1)52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec2014)

(2)52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3)52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)"(Public Laws108-77 and 108-78 (19 U.S.C. 3805 note)).

(b)The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

__ (10) [Reserved].

_ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

__ (ii) Alternate I (Nov 2011) of 52.219-3.

__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (JAN 2011) of 52.219-4.

__ (13) [Reserved]

_X (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

_ _ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

_X_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Oct 2001) of 52.219-9.

__ (iii) Alternate II (Oct 2001) of 52.219-9.

__ (iv) Alternate III (Oct 2015) of 52.219-9. _X_ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)). _X_ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). __ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

__ (22) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C. 632(a)(2)).

__ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

_ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

_X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X_ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).

_X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X__ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

_X_ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).

_X_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

_X_ (31) 52.222-37, Employment Reports on Veterans (OCT 2015) (38 U.S.C. 4212).

_X_ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

_X_ (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

_X_ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

10

 (JUN 2014) (E.O. 13423 and 13514). __ (ii) Alternate I (Oct 2015) of 52.223-13. __ (37)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (E.O. 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-14. __ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b). __ (39)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O. 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-16. _X_ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513).

__ (41) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).

__ (42)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (May 2014) of 52.225-3.

__ (iii) Alternate II (May 2014) of 52.225-3.

__ (iv) Alternate III (May 2014) of 52.225-3.

_X_ (43) 52.225-5, Trade Agreements (NOV 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (44) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

__ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X_ (50) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332). __ (51) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (54)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

(c)The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

__ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O.13495).

_X_ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

__ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_X_ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_X_ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (May 2014) (41 U.S.C. chapter 67).

__ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (May 2014) (41 U.S.C. chapter 67).

__ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (Executive Order 13658).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

_For vending machines and other buys utilizing US Currency_ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(d)Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d)of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i)52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C.3509).

(ii)52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C.637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii)52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(iv)52.222-21, Prohibition of Segregated Facilities (Apr 2015)

(v)52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

(vi)52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(vii)52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29U.S.C. 793).

(viii)52.222-37, Employment Reports on Veterans (Oct 2015) (38 U.S.C. 4212)

(ix)52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(x)52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

 

(xi)

__(A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627).

__(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).

(xii)52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(xiii)52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(xiv)52.222-54, Employment Eligibility Verification (OCT 2015).

(xv)52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014)(Executive Order 13658).

(xvi)52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xvii)52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xviii)52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2)While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

Alternate I (Feb 2000). As prescribed in 12.301(b)(4)(i), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to “paragraphs (a), (b), (c), or (d) of this clause” in the redesignated paragraph (d) to read “paragraphs (a), (b), and (c) of this clause.”

Alternate II (Oct 2015). As prescribed in 12.301(b)(4)(ii), substitute the following paragraphs (d)(1) and (e)(1) for paragraphs (d)(1) and (e)(1) of the basic clause as follows:

(d)(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to—

(i)Examine any of the Contractor’s or any subcontractors’ records that pertain to, and involve transactions relating to, this contract; and

(ii)Interview any officer or employee regarding such transactions.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause, the Contractor is not required to flow down any FAR clause in a subcontract for commercial items, other than—

(i)Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (d)(1)(ii) does not flow down; and

(ii)Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(A)52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010)(41 U.S.C. 3509).

(B)52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5).

(C)52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C.637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(D)52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(E)52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

(F)52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014)(29 U.S.C. 793).

(G)52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(H)52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C.chapter 67).

(I)_X_(1)52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C.7104(g)).

__(2) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).

(J)52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (May 2014) (41 U.S.C. chapter 67).

(K)52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (May 2014) (41 U.S.C. chapter 67).

(L)52.222-54, Employment Eligibility Verification (Aug 2013).

(M)52.226-6, Promoting Excess Food Donation to Nonprofit Organizations.(May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(N)52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels(Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(O)52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014)Executive Order 13658).

(End of clause)

(xiv)There is no Defense Priorities and Allocations System (DPAS) rating assigned to this acquisition.(xv)All proposals are due, electronically to Michael.falzone@nih.gov no later than September 11, 2019, 10:00 am. Eastern Standard Time (EST). Facsimile submissions are not authorized and collect calls will not be accepted. All expenses incurred as a result of this solicitation are solely the responsibility of the Offeror.(xvi)All inquiries regarding this solicitation must be submitted in writing toMichael.falzone@nih.gov by March 8, 2018. All questions and responses will be posted in the Federal Business Opportunities through an amendment to this solicitation within 2 business days of the original inquiry.

LIST OF ATTACHMENTS

Attachment 1 – STATEMENT OF WORK

https://oamp.od.nih.gov/sites/default/files/DGS/SAP/52_212_3_508.pdf

End of Solicitation


Michael L. Falzone, Contract Specialist , Phone 3015943886, Email michael.falzone@nih.gov

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