MODIFICATION
99 -- Miscellaneous / Pharmaceutical Product Belimumab (Benlysta)
- Notice Date
- 4/27/2015
- Notice Type
- Modification/Amendment
- NAICS
- 325412
— Pharmaceutical Preparation Manufacturing
- Contracting Office
- Department of Health and Human Services, National Institutes of Health, National Institute of Allergy & Infectious Diseases/AMOB, 5601 Fishers Lane, 3rd Floor MSC 9822, Bethesda, Maryland, 20892, United States
- ZIP Code
- 20892
- Solicitation Number
- NIAID-RFP-15-1730594
- Archive Date
- 5/19/2015
- Point of Contact
- Tonia L Alexander, Phone: 240-669-5124, Pamela E. Nevels, Phone: 240-669-5089
- E-Mail Address
-
talexander@niaid.nih.gov, pamela.nevels@nih.gov
(talexander@niaid.nih.gov, pamela.nevels@nih.gov)
- Small Business Set-Aside
- N/A
- Description
- Modification to Solicitation NIAID-RFP-15-1730594 is to add mandatory Deviation Clauses 52.203-98 and 52.203-99, which is detailed with the following FAR provisions and clauses tat apply to this acquisition. This notice is a combined Synopsis/Solicitation Request for Proposal for commercial items prepared in accordance with the format of FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested, and a written solicitation will not be issued for the solicitation number NIAID-RFP-15-1730594. The incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2005-81, dated April 10, 2015. This acquisition is a commercial product and will be processed under Simplified Acquisition Procedures (SAP) on an unrestricted basis. The associated North American Industry Classification System (NAICS) Code is 325412, which has a size standard of 750 employees. The National Institute of Allergy and Infectious Diseases (NIAID) have a requirement to purchase Belimumab (Benlysta), size - 400mg/bottle, quantity 130 vials each for a one time delivery to Rockville, Maryland 20852. Inform how long it will take to produce such a large quantity of the above requested product. Delivery is requested within 10 to 15 days after receipt of order. In accordance to FAR 52.212-2 Evaluation - Commercial Items the Government will award a contract resulting from this solicitation to the responsible offeror whose offering 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: (1) Technical: specifications of size, and quantity of product, (2) delivery, (3) past performance providing the same or similar products, and (4) price. The Government will issue a firm-fixed price purchase order to the responsible contractor. By submission of an offer, the Offeror acknowledges the requirement that a prospective awardee shall be registered and viewable in the System for Award Management (SAM) database prior to award, during performance, and through final payment resulting from this solicitation (www.sam.gov). By submission of an Offeror acknowledges the requirement that a prospective awardee shall have posted their FAR 52.212-3 Offerors Representative and Certifications Commercial items and services in the SAM database. Offerors are to submit their proposals by Monday, May 4, 2015, 3:00pm by email at talexander@niaid.nih.gov. The following Federal Acquisition Regulations provisions and clauses apply to this acquisition: FAR 52.204-7 System for Award Management (JUL 2013) FAR 52.212-4 Contract Terms and conditions-Commercial Items (SEP 2013) FAR 52.212-1 Instructions to Offerors Commercial Items FAR 52.212-4 Contract Terms and Conditions Commercial Items FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Commercial Items (MAR 2015) FAR 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014) FAR 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). FAR 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)). FAR 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note). FAR 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) (31 U.S.C. 6101 note). FAR 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)). FAR 52.222-3, Convict Labor (June 2003) (E.O. 11755 FAR 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126). FAR 52.222-21, Prohibition of Segregated Facilities (Feb 1999). FAR 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). FAR 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). FAR 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513). FAR 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83). FAR 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). FAR 52.232-33, Payment by Electronic Funds Transfer- System for Award Management (Jul 2013) (31 U.S.C. 3332). HHSAR 352.222-70 Contractor cooperation in equal employment opportunity investigations As prescribed in 322.810(h), the Contracting Officer shall insert the following clause: Contractor Cooperation in Equal Employment Opportunity Investigations (January 2010) (a) In addition to complying with the clause in FAR 52.222-26, Equal Opportunity, the Contractor shall, in good faith, cooperate with the Department of Health and Human Services (Agency) in investigations of Equal Employment Opportunity (EEO) complaints processed pursuant to 29 C.F.R. Part 1614. For purposes of this clause, the following definitions apply: (1) "Complaint" means a formal or informal complaint that has been lodged with Agency management, Agency EEO officials, the Equal Employment Opportunity Commission (EEOC), or a court of competent jurisdiction. (2) "Contractor employee" means all current Contractor employees who work or worked under this contract. The term also includes current employees of subcontractors who work or worked under this contract. In the case of Contractor and subcontractor employees, who worked under this contract, but who are no longer employed by the Contractor or subcontractor, or who have been assigned to another entity within the Contractor's or subcontractor's organization, the Contractor shall provide the Agency with that employee's last known mailing address, e-mail address, and telephone number, if that employee has been identified as a witness in an EEO complaint or investigation. (3) "Good faith cooperation" cited in paragraph (a) includes, but is not limited to, making Contractor employees available for: (i) formal and informal interviews by EEO counselors or other Agency officials processing EEO complaints; (ii) formal or informal interviews by EEO investigators charged with investigating complaints of unlawful discrimination filed by federal employees; (iii) reviewing and signing appropriate affidavits or declarations summarizing statements provided by such Contractor employees during the course of EEO investigations; (iv) producing documents requested by EEO counselors, EEO investigators, Agency employees, or the EEOC in connection with a pending EEO complaint; and (v) preparing for and providing testimony in hearings before the EEOC and U.S. District Court. (b) The Contractor shall include the provisions of this clause in all subcontract solicitations and subcontracts awarded at any tier under this contract. (c) Failure on the part of the Contractor or its subcontractors to comply with the terms of this clause may be grounds for the Contracting Officer to terminate this contract for default. 52.203-98, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements - Representation (DEVIATION 2015-02) PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS - REPRESENTATION (FEB 2015) (a) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (End of provision) 52.203-99, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements - Representation (DEVIATION 2015-02) PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS (FEB 2015) (a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (b) The contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect. (c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause. (2) The Government may seek any available remedies in the event the contractor fails to comply with the provisions of this clause. (End of clause)
- Web Link
-
FBO.gov Permalink
(https://www.fbo.gov/spg/HHS/NIH/AMOB/NIAID-RFP-15-1730594/listing.html)
- Place of Performance
- Address: National Institutes of Health, NIAID, Rockville, Maryland, 20852, United States
- Zip Code: 20852
- Zip Code: 20852
- Record
- SN03712191-W 20150429/150427235250-524a087d4658f29a364926ff5c15cfad (fbodaily.com)
- Source
-
FedBizOpps Link to This Notice
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