SOLICITATION NOTICE
D -- Lucid Works Licenses and Support, brand name or equal to
- Notice Date
- 3/29/2013
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 541511
— Custom Computer Programming Services
- Contracting Office
- Department of Health and Human Services, Food and Drug Administration, Office of Acquisitions and Grants Services, 5630 Fishers Lane, Room 2129, Rockville, Maryland, 20857-0001
- ZIP Code
- 20857-0001
- Solicitation Number
- FDA-SOL-13-1113213
- Archive Date
- 4/30/2013
- Point of Contact
- Brendan McCarthy, Phone: 301-827-4680, Danielle Pena,
- E-Mail Address
-
Brendan.McCarthy@fda.hhs.gov, Daniella.Pena@fda.hhs.gov
(Brendan.McCarthy@fda.hhs.gov, Daniella.Pena@fda.hhs.gov)
- Small Business Set-Aside
- Total Small Business
- Description
- 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. This synopsis is to notify contractors that the government intends to issue a Purchase Order on a brand name or equal basis in accordance with FAR Part 13 for the following, under simplified acquisition procedures. The Request for Proposal number is FDA-SOL-13-1113213. Provisions and clauses in effect through Federal Acquisition Circular 05-63 are incorporated into this request. It is the contractor's responsibility to be familiar with the applicable clauses and provisions. The provisions and clauses may be accessed in full text at www.acquisition.gov/far. The NAICS code is 541511 Custom Computer Programming Services, with a small business size of 500 employees. This procurement is being set-aside for small business. All qualified small business vendors are encouraged to submit a proposal. The purpose of this procurement is to establish a contract for a subscription to the Lucid Works software package and related technical support services (brand name or equal to product) for one (1), 12 month base period, and four (4), 12 month optional periods. The Lucid Works Subscription is an extension of the open-source, Apache Solr enterprise search platform that is already integrated into the FDA's Center for Devices and Radiological Health's (CDRH) network. Any proposed solution shall be compatible with the Solr search platform. Vendors shall propose brand name or equal to solutions to the Lucid Works software package. Products shall support the FDA's CDRH as well as other FDA's centers. If vendor is proposing an alternative solution to the LucidWorks, brand name or equal to product, vendor shall be responsible for getting the FDA to a level of work that is equal to the current environment with no additional design changes, programming, cost or delays (see "Current Environment" section below for details). The U.S. Food and Drug Administration request proposal responses from qualified small business vendors capable of providing the Lucid Works software package and related technical support, brand name or equal to product for the period of performance requested. CLIN 0001 - Base Period Lucid Works Software Package and related support (brand name or equal to), Period of Performance: 12 months from award effective date. Estimated POP is May 8, 2013 - May 7, 2014. CLIN 0002 - Option Period One, Estimated POP: May 8, 2014 - May 7, 2015. CLIN 0003 - Option Period Two, Estimated POP: May 8, 2015 - May 7, 2016. CLIN 0004 - Option Period Three, Estimated POP: May 8, 2016 - May 7, 2017. CLIN 0005 - Option Period Four, Estimated POP: May 8, 2017 - May 7, 2018. CLIN 0006 - Optional IDIQ Line Item: This line item allows the FDA to purchase additional products (i.e. servers) related to the expansion of the LucidWorks products and services. This line item also allows the FDA to purchase additional consulting services related to existing LucidWorks products. If proposing a solution other than the brand name, the proposed product shall meet all of the requirements detailed below. STATEMENT OF WORK Background Information On September 27, 2007, the FDA Amendments Act (FDAAA) was signed into law and this law specifies the creation of a Unique Device Identification System. The FDA's Unique Device Identification Database system will be composed of millions of medical device records. These records will be available for the general public to search against and require a high-performance search engine that can handle the volume of requests as well as return the results to meet performance requirements. The FDA is currently implementing the Unique Device Identification Database (UDID). The database requires a high-performance search tool to provide satisfactory response to the queries from the medical device manufacturers, healthcare providers, and the public users. Current Environment The FDA has integrated the open-source Lucene/Apache Solr software. The FDA has implemented the required infrastructure (hardware, storage, network, etc.) for the Apache Server for Lucene/Solr software, built a database index, and created an extensive user interface to search records in the UDID database. The user interface addresses multiple audiences which include medical device manufacturers, labelers, healthcare providers, and the public. The proposed solution shall be compatible with the above mentioned software. If vendor is proposing an alternative solution to the LucidWorks, brand name or equal to product, vendor shall be responsible for getting the FDA to a level of work that is equal to the current environment with no additional design changes, programming, cost or delays.Scope The FDA requires a highly scalable software, brand name or equal to the Lucid Works product and services. If an alternative solution is proposed, vendor shall ensure the product meets all of the following salient functional characteristics - 1. Vendor shall provide the Lucid Works, brand name or equal to software for the UDID team at FDA. 2. Solution shall be compatible with the already integrated open-source Lucene/Apache Solr software. 3. The proposed software/solution shall entail no modification to existing FDA's software solutions that were designed/built to use LucidWorks software and hence no additional programming and/or cost to FDA. 4. Solution shall be a highly scalable search engine, providing distributed search and index replication. 5. Product shall provide Out-Of-Box Support for: Full-Text search, Hit Highlighting, Faceted Search, Dynamic Clustering, Database Integration, Rich Document (e.g. Word, PDF, etc.) Handling, Fuzzy, Soundex, Misspelled, Boolean Searches. 6. Product shall have the capabilities for RESTful HTTP/XML Web Services and JSON APIs for easy integration into applications. 7. Solution shall have the capabilities for external configuration and extensive plug-in architecture for advanced customization. 8. Solution shall have a variety of connector support for: Database, Sharepoint, Hadoop, XML, Web, File System, and Google Connector. 9. Product shall have built - in monitoring tools of search usage. See how many users are using UDID system and what is searched most. 10. Product shall be able to be configured in a "solr cloud" configuration to provide FDA with redundancy of the search index and the speed to support 500+ concurrent users. 11. Vendor shall provide an annual subscription for the Lucid Works software, brand name or equal to, and customer support. Customer support shall be available via telephone or email from 9 AM to 5 PM, Monday thru Friday, excluding Federal holidays, to address FDA questions and fix software errors. 12. Vendor shall provide fixes to the bugs identified by FDA in the Lucene/Solr software promptly within 1 to 3 business days. 13. Vendor shall provide consulting support in the use of the software for efficient design of the application (the estimated amount of consulting hours required annually is 40 hours). 14. Vendor shall provide the FDA with a solution that has the ability to expand to other applications. In addition to providing a solution that meets the above salient functional characteristics the vendor shall also provide pricing for additional consulting services. Vendor shall provide an hourly rate for the consulting services that the FDA can use to purchase additional hours of service if needed (CLIN 0006). Estimate of consulting services is forty (40) hours annually. Additionally, the FDA may expand the use of the LucidWorks, brand name or equal to product to other applications. Therefore, the vendor shall provide pricing related to any expansion (i.e. additional servers, etc.) (CLIN 0006). The additional consulting hours and any costs related to expansion shall be separately priced line items in the vendor's proposal. The result of this procurement will be an improved overall design of the UDID system allowing for fast response times to FDA, industry, and public user inquiries. Additionally, it should allow for fast turn-around for correcting software bugs identified by the FDA. 508 Applicability This requirement is subject to Section 508 of the Rehabilitation Act of 1973 (29 U.S.C 794d), as amended by P.L. Section 508 Compliance. Section 508 of the Rehabilitation Act of 1973 (29 U.S.C 794d) requires Federal agencies to purchase electronic and information technologies (EIT) that meet specific accessibility standards. This law helps to ensure that federal employees with disabilities have access to, and use of, the information and data they need to do their jobs. Furthermore, this law ensures that members of the public with disabilities have the ability to access government information and services. The specific 508 Standards that apply to this action are-- 1194.21 - Software Applications and Operating Systems 1194.22 - Web-based internet information and applications 1194.31 - Functional Performance Criteria 1194.41 - Information, documentation, and support Evaluation Factors for Award: The Government shall award a contract resulting from this solicitation to the responsible offeror whose offer is the lowest price technically acceptable offer, which shall represent best value to the Government. Award will be made on the basis of the lowest evaluated price meeting or exceeding the non-cost factor (technical conformance to the requirements of the solicitation). The Government intends to evaluate offers and award a contract without discussions. The offeror's initial offer should contain the offerors best terms from a price standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the best interest of the Government; accept other than the lowest offer; and waive informalities and minor irregularities in offers received. Evaluation Factors for Award: Lowest price, technically acceptable. Offerors shall price each CLIN. This is an all or nothing requirement, therefore, vendor shall provide a price for each requirement with the CLINs, otherwise your proposal will be determined to be substantially incomplete and not warrant any further consideration. The following factors shall be used to evaluate offers: 1. Technical Features Meeting/Exceeding Salient Requirements (Brand Name or Equal) 2. Total Price (all CLINs shall be priced) Proposal Instructions to Offerors: Offerors are required to submit their proposals in two separate volumes as follows: Volume I - Technical Volume II - Pricing Proposal The completion and submission of the above items will constitute an offer (proposal) and will indicate the offerors unconditional assent to the terms and conditions of this RFP and any attachments hereto. Alternate proposals are not authorized. Objections to any terms and conditions of the RFP will constitute deficiency, which may render the offer unacceptable. Volume I - Technical: This volume shall contain the Technical Approach. This portion of the proposal to include all data and information required for technical evaluation of brand name or equal product, and exclude any reference to the pricing aspects of each offer. If an equal product is proposed, offeror shall demonstrate how that product is equal to the brand name product. Offerors shall demonstrate in sufficient detail a technical approach that will successfully accomplish each of the requirements of the salient characteristics. For purposes of clarification for the Technical Evaluation Team, offerors are encouraged to provide trial access to their products to demonstrate how the requirements of the attached SOW are addressed and met. Volume II - Pricing: This volume shall include the complete pricing. Offerors shall propose pricing for one, 12 month base period and four, 12 month optional periods.. In addition, offerors shall provide separately priced line items for each of the following: 1. additional consulting services and, 2. costs related to possible expansion of the proposed software to other applications within the FDA (i.e. additional servers, etc.). FAR Provisions and Clauses: FAR 52.203-6 ALT I, Restrictions on subcontractor Sales to the Government FAR 52.211-6, Brand Name or Equal; FAR 52.212-1, Instructions to Offerors---Commercial Items, apply to this acquisition with the exception of (d), (h), and (i) of the clause, which are RESERVED. FAR 52.212-2, Evaluation -- Commercial Items (Jan 1999) (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: lowest priced, technically acceptable. (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. FAR 52.212-3; Offeror Representations and Certifications-Commercial Items; FAR 52.227-19, Commercial Computer Software License (DEC 2007); FAR 52.212-4, Contract Terms and Conditions -- Commercial Items (Feb 2012) FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Jan 2013) (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) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). ____ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)). (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) (Pub. L. 108-77, 108-78). (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: [Contracting Officer check as appropriate.] _x__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). ___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). ___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009). ___ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Aug 2012) (Pub. L. 109-282) (31 U.S.C. 6101 note). ___ (5) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (Jul 2010) (Pub. L. 111-5). ___ (6) 52.209-6, Protecting the Government' Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Dec 2010) (31 U.S.C. 6101 note). ___ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Feb 2012) (41 U.S.C. 2313). ___ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Public Law 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161). ___ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). ___ (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a). ___ (11) [Reserved] ___ (12) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644). ___ (ii) Alternate I (Nov 2011). ___ (iii) Alternate II (Nov 2011). ___ (13) (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. ___ (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)). ___ (15) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (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 (July 2010) of 52.219-9. ___ (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)). ___ (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). ___ (18) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). ___ (19) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). ___ (ii) Alternate I (June 2003) of 52.219-23. ___ (20) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ___ (21) 52.219-26, Small Disadvantaged Business Participation Program-Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ___ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f). ___ (23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2012) (15 U.S.C. 632(a)(2)). ___ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2012) (15 U.S.C. 637(m)). ___ (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2012) (15 U.S.C. 637(m)). _x__ (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755). _x__ (27) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Mar 2012) (E.O. 13126). _x__ (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). _x__ (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). _x__ (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212). _x__ (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). _x__ (32) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212). ___ (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). ___ (34) 52.222-54, Employment Eligibility Verification (Jul 2012). (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.) ___ (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.) _x__ (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). ___ (37) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423). ___ (ii) Alternate I (Dec 2007) of 52.223-16. ___ (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011). ___ (39) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C. 10a-10d). ___ (40) (i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (Nov 2012) (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, Pub. L. 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 (Mar 2012) of 52.225-3. ___ (iii) Alternate II (Mar 2012) of 52.225-3. ___ (iv) Alternate III (Nov 2012) of 52.225-3. ___ (41) 52.225-5, Trade Agreements (Nov 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _x__ (42) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). ___ (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). ___ (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ___ (45) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). ___ (46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). ___ (47) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct. 2003) (31 U.S.C. 3332). _x__ (48) 52.232-34, Payment by Electronic Funds Transfer-Other Than Central Contractor Registration (May 1999) (31 U.S.C. 3332). ___ (49) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332). ___ (50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). ___ (51) (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) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). ___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). ___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C.206 and 41 U.S.C. 351, et seq.). ___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). ___ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.). ___ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.). ___ (7) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O. 13495). ___ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). ___ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 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 (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (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 (Jan 2013) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17. (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). (vii) 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. (viii) 52.222-41, Service Contract Act of 1965, (Nov 2007), (41 U.S.C. 351, et seq.) (ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). ___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.) (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.) (xii) 52.222-54, Employment Eligibility Verification (Jul 2012). (xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xiv) 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. (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) FAR 52.213-2, Invoices - Offerors are reminded to include a completed copy of 52.212-3 ALT I with their response, or provide an affirmative response that the offeror is registered in ORCA and all information is ORCA is current and complete. All clauses shall be incorporated by reference or full text in the order. Additional contract terms and conditions applicable to this procurement: FAR 52.217-7 Option for Increased Quantity -- Separately Priced Line Item (Mar 1989) The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor at any point prior to the completion of the current period of performance. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree. (End of Clause) FAR 52.217-9 Option to Extend the Term of the Contract (Mar 2000) (a) The Government may extend the term of this contract by written notice to the Contractor at any point prior to the termination of the contract; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months. (End of Clause) Other Administrative Instructions: Central Contractor Registration (CCR) (now SAM). In accordance with FAR 52.212-4, Offerors shall be registered inthe CCR database (now the SAM database) to be considered for award. Registration is free and can be completed on-line at http://ccr.gov; provide DUNS number, Cage Code and TIN. Proposals shall be submitted by email only as a MS Word or Adobe PDF attachment to Brendan McCarthy at brendan.mccarthy@fda.hhs.gov. Proposals are due no later than 12pm Eastern Time on April 15, 2013. Any questions must be addressed to Brendan McCarthy, brendan.mccarthy@fda.hhs.gov or 301-827-4680.
- Web Link
-
FBO.gov Permalink
(https://www.fbo.gov/spg/HHS/FDA/DCASC/FDA-SOL-13-1113213/listing.html)
- Place of Performance
- Address: U.S. Food and Drug Administration, 10903 New Hampshire Avenue, Silver Spring, Maryland, 20993, United States
- Zip Code: 20993
- Zip Code: 20993
- Record
- SN03024549-W 20130331/130329234813-d4b1c96529b3f9f9d01639a41ace36ff (fbodaily.com)
- Source
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