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FBO DAILY - FEDBIZOPPS ISSUE OF MARCH 27, 2016 FBO #5238
SOLICITATION NOTICE

J -- “Brand Name” Moab HPC Suite Standard Maintenance - ATTACHMENT I - PRICING

Notice Date

3/25/2016
 

Notice Type

Combined Synopsis/Solicitation
 

NAICS

541519 — Other Computer Related Services
 

Contracting Office

Department of Health and Human Services, National Institutes of Health, National Institute of Environmental Health Sciences, Office of Acquisitions, Office of Management, 530 Davis Drive, Durham, North Carolina, 27713, United States
 

ZIP Code

27713
 

Solicitation Number

NIEHS-4071324
 

Archive Date

3/31/2017
 

Point of Contact

Nicole Humphrey, Phone: 9195410401, Teresa A. McCall, Phone: 9195410387
 

E-Mail Address

nicole.humphrey@nih.gov, teresa.mccall@nih.gov
(nicole.humphrey@nih.gov, teresa.mccall@nih.gov)
 

Small Business Set-Aside

Total Small Business
 

Description

CLAUSES AND INVOICE INSTRUCTIONS Pricing Instructions and Format (i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.603, 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) This solicitation document, NIEHS-4071324, is issued as a Request for Quote (RFQ) to provide "Brand Name" Moab HPC Suite Standard Maintenance for the National Institute of Environmental Health Sciences, Research Triangle Park, North Carolina. (iii) This solicitation document incorporates provisions and clauses that are in effect through Federal Acquisition Circular 2005-87, effective March 7, 2016. (iv) This requirement is 100% set-aside for Small Businesses and only qualified quoters may submit quotes. Quotes received from other than Small Businesses will be rejected. The North American Classification System (NAICS) code is 541519, ""Other Computer Related Services", with a size standard of $27.5M dollars. This solicitation is issued under Federal Acquisition Regulation (FAR) Part 13, Simplified Acquisition Procedures. This solicitation is issued under Federal Acquisition Regulation (FAR) Part 13.5, Simplified Procedures for Certain Commercial Items. (v) The following is a list of the associated contract line item numbers: CLIN 0001: FFP/FOB - Moab HPC Suite-Enterprise Edition-Subscription (Standard Maintenance); Quantity: 1; Unit of Issue: Year (vi) This requirement shall provide Moab HPC Suite - Enterprise Edition Software Subscription Standard Maintenance with 9 x 5 technical support, subscription licenses and upgrade protection for the following applications: Moab Intelligence Engine, Moab UI/Portal, Moab Cluster Manager, TORQUE Resource Manager, Moab Accounting Manager. See Attachment I for full description. (vii) Services shall be performed at NIEHS in Research Triangle Park, NC for a period of a twelve (12) month base period (viii) Provision at FAR 52.212-1, Instruction to Offerors - Commercial Items, applies to this acquisition. Addendum to FAR 52.212-1: 1. Replace the terms "offerors" and "offer(s)" to "responder" and "quote(s)" in paragraphs (b) through (l). 2. The following paragraphs of FAR 52.212-1 are changed as shown below: a. Para (b)(4) - Delete in its entirety b. Para (b)(10) - Add the following: The responder shall provide recent and relevant past performance information on contracts that the responder has performed to demonstrate that the responder has the necessary experience to perform the requirements of the solicitation. Recent means within the past three (3) years; relevant means similar in size, scope and magnitude to the requirements in the solicitation. The responder should submit information on contracts that provide the best evidence of experience similar to solicitation requirements. The responder shall submit at least three (3), if possible, but no more than five (5) references. The responder or must submit a separate page for each reference. Each reference must include the following information: a. Contract number and contract dollar value; b. Contract performance period; c. A brief description of the contract requirements; d. Relevance of contract work performed to the solicitation requirement (size & scope); and e. Contract point of contact name, telephone number, and facsimile number. c. Para (c) - "30 calendar days" is changed to read "60 calendar days" d. Para (d), (e), (h) & (l) - Delete in their entirety 3. Para (g) - The Government intends to evaluate responses and award without discussions. Therefore, initial submissions should contain the quoter's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined to be necessary and in the best interest of the Government. 4. Additional Information: Responses must be submitted electronically only to the Contracting Officer, Ms. Nicole Humphrey at Nicole.humphrey@nih.gov. Mail or hardcopy submissions will not be accepted and shall deem the Contractor's response unacceptable. Quotations submitted in response to this notice shall be in accordance with the pricing template in Attachment I. All information relating to the solicitation must be included in electronic format. Electronic versions of the price response shall not be submitted in a read only or password protected format. All formulas, lookup tables, and links should be intact, and no links should exist to files not included with the response. Spreadsheets shall not contain hidden worksheets. PDF or flat files will not be considered adequate. Failure to comply with these formatting requirements may result in rejection of your response. This is an electronic solicitation release. No hard copies will be mailed. Only written requests for additional information will be accepted. Notification of any changes shall be made only on the internet using Federal Business Opportunities (FBO) https://www.fbo.gov. It is the responsibility of each quoter to review the webpage for notice of amendments, updates, or changes to current information. 5. Quotes that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration. 6. General Quote Preparation Instructions Information requested within this RFQ shall be furnished in writing, shall be prepared in accordance with the instructions provided, and shall conform to all aspects of this RFQ. To aid in evaluation, submitted responses shall be clearly and concisely written, as well as being neat, indexed and logically assembled. The information requested and the manner of submittal is essential to permit prompt evaluation of all quotations on a fair and uniform basis. Accordingly, any response in which material information requested is not furnished, or where indirect or incomplete answers or information are provided, may be considered unacceptable for evaluation. The following introductory information (letter format is acceptable) is required on the first page of your quote: 1. RFQ Number & Title, 2. Name and address of vendor, 3. Name, telephone number & e-mail address of main point-of-contact, 4. Name of your contract administration office, 5. Date of submission, 6. Name, title and signature of authorized representative, 7. DUNS number, 8. Socioeconomic status, and 9. Exceptions to RFQ/Statement of Work (SOW). Quoters shall use Times New Roman font for the entire written submission on 8-1/2" x 11" pages with 1" margins (on all sides). Additionally, a minimum font size of 12 shall be used for all regular text and all tables, whereas a font size of 10 (minimum) shall be used for all graphics. The Government will not pay any costs incurred by any Quoter for the preparation and submission of a Quotation in response to this RFQ. Quoters are cautioned to ensure that their quotations are complete, address all requirements, are reflective of the evaluation factors and are submitted on the most favorable terms to reflect their best quotation. 7. Evaluation Process The Government will perform a technical and price evaluation, based on the Quoter's written submission, to assess the "best value" to the Government, price and other factors considered. Each quoter's written technical submission will be reviewed and evaluated on an adjectival basis, for each of the technical evaluation factors. Simple statements of compliance/reiteration (i.e., "understood"; "will comply"), without a detailed description of how compliance will be met, may not sufficiently demonstrate a quoter's ability to meet the technical requirements and may result in a rating of "fail". Technical evaluations will be conducted using the adjectival ratings and definitions provided below. (End of Addendum) (ix) Provision at FAR 52.212-2, Evaluation Commercial Items, applies to this acquisition. The Government will evaluate offers in response to this request in accordance with FAR Part 13.106 procedures. (a) The Government will award a contract resulting from this solicitation to the responsible responder whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following shall be used to evaluate quotes: (i) Technical Capability. Technical and past performances, when combined, are of equal importance to price. Written responses for this section will be evaluated against the evaluation criteria listed below. These factors will be evaluated as pass/fail past performance and price will not be evaluated if the vendor fails this area. Factor 1. Compliance with standard maintenance coverage. Factor 2. Vendor must be an authorized re-seller for Adaptive Computing. Documentation showing authorization must be included. (ii) Price. Price will not be scored or rated. Evaluation of price will be performed using one or more of the price analysis techniques in FAR 13.106. Through these techniques the Government will determine whether prices are reasonable and complete. (iii) Past Performance. As part of past performance evaluation, Past Performance will be evaluated using recent and relevant information obtained from the references provided by the responder as well as past performance information independently obtained by the Government. Past Performance will be evaluated and given of rating of "Acceptable", or "Unacceptable" as defined below. Recent and relevant Past Performance is defined in Addendum to FAR 52.212-1, Instructions to Offerors - Commercial Items, paragraph 2.b. (b) Options. N/A (c) A written notice of award or acceptance of a quotation, mailed or otherwise furnished to the successful responder within the time for acceptance specified in the quote, shall result in a binding contract without further action by either party. Before the quote's specified expiration time, the Government may accept a quotation (or part of a quote), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (d) Rating Definitions. Definitions of Ratings for Technical Capability: Pass. Quote meets or exceeds all specified requirements, demonstrates an acceptable understanding of the requirement, and proposes a sound, practical, and feasible approach to accomplish the requirements of the Statement of Work. Fail. Quote does not meet requirements, has not demonstrated an adequate approach, or does not demonstrate an acceptable understanding of the requirement. Definitions of Ratings for Past Performance: Acceptable. Based on the responder's performance record, the Government has a reasonable expectation that the responder will successfully perform the required effort, or the responder's performance record is unknown. Unacceptable. Based on the responder's performance record, the Government has no reasonable expectation that the responder will be able to successfully perform the required effort. Neutral. No relevant performance record is identifiable upon which to base a meaningful performance rating. A search was unable to identify any relevant past performance information for the quoter or key team members/subcontractors or their key personnel. This is neither a negative or positive assessment. (End of Provision) (x) Provision at FAR 52.212-3, Offeror Representations and Certifications Commercial Items, applies to this acquisition. The Offeror's representations and certifications must be entered within the System for Award Management website (www.sam.gov) for consideration for award. (xi) Clause at FAR 52.212-4 Contract Terms and Conditions Commercial Items, applies to this acquisition. Addendum to FAR 52.212-4: 1. Add paragraph (c)(1) as follows: The Contracting Officer is responsible for the administration of this contract and, alone, is authorized to take actions on behalf of the Government that result in changes in the terms of the contract. The Contracting Officer is Ms. Nicole Humphrey, nicole.humphrey@nih.gov and the Contract Specialist is Ms. Teresa McCall, dudley1@niehs.nih.gov. Changes to the Contracting Officer or Contract Specialist may be made by written correspondence from the contracting office in lieu of a modification to the contract. (c)(2)Contracting Officer Technical Representative (COTR) a. (To be completed at time of award) is hereby designated as the COTR for this contract. b. Alternate COTR: The name of the COTR's alternate is (To be completed at time of award). The Alternate COTR has the same authority as the COTR, and may exercise that authority at the discretion of the government, to the extent described below. All references to the COTR throughout this contract shall be construed as applying equally to the Alternate. 2. Stop Work Order, FAR Clause 52.242-15 (August 1989) (a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either- (1) Cancel the stop-work order; or (2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract. (b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if- (1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract; and (2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract. (c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement. (d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order. (End of clause) (End of Addendum) (xii) Clause at FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders Commercial Items, applies to this acquisition. 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 (Nov 2015) (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 Laws 108-77, 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: [Contracting Officer check as appropriate.] __ (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 (Apr 2010) (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.) __ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) (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). __(8) 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). X (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] __(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. __(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 2014) (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 2014) of 52.219-9. __(18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)). __(19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). __(20) 52.219-16, Liquidated Damages-Subcon-tracting 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 Rerepresentation (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 (Feb 1999). X (28) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). X (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014)(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 (JUL 2014) (38 U.S.C. 4212). __(32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). __(33) 52.222-54, Employment Eligibility Verification (AUG 2013). (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.) __(34)(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.) __(35)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O. 13423 and 13514). __(ii) Alternate I (Jun 2014) of 52.223-13. __(36)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (E.O. 13423 and 13514). __(ii) Alternate I (Jun 2014) of 52.223-14. __(37) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b). __(38)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (JUN 2014) (E.O. 13423 and 13514). __(ii) Alternate I (Jun 2014) of 52.223-16. X (39) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513). __(40) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83). __(41)(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. __(42) 52.225-5, Trade Agreements (NOV 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). X (43) 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). __(44) 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). __(45) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __(46) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). __(47) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). __(48) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). X (49) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) (31 U.S.C. 3332). __(50) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). __(51) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). __(52) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __(53)(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). __(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). __ ( 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). __(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). X (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). __(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 (Apr 2010) (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) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212). (vi) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (vii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212) (viii) 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. (ix) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67). X (x) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627). ___ Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). (xi) 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). (xii) 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). (xiii) 52.222-54, Employment Eligibility Verification (AUG 2013). (xiv) 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). (xv) 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. (xvi) 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. (xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (Executive Order 13658). (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) (xiii) N/A (xiv) N/A (xv) Submission of Quotes: Quotes shall be forwarded to Ms. Nicole Humphrey via email to: Nicole.humphrey@nih.gov by March 30, 2016, 4:30 PM EDT. Facsimile or hard copies of submissions will not be accepted. Responders shall provide a quote using the pricing schedule provided in Attachment I of this solicitation. (xvi) Any questions regarding this Solicitation should be directed via e-mail to Ms. Nicole Humphrey at Nicole.humphrey@nih.gov. The deadline for the submittal of all questions is 12:00 p.m. on March 28, 2016.
 

Web Link

FBO.gov Permalink
(https://www.fbo.gov/spg/HHS/NIH/NIEHS/NIEHS-4071324/listing.html)
 

Place of Performance

Address: National Institute of Environmental Health Sciences (NIEHS), Research Triangle Park, North Carolina, 27709, United States

Zip Code: 27709
 

Record

SN04062897-W 20160327/160325234250-6c86ca44c599ac039b3b7b7c4b5fc695 (fbodaily.com)
 

Source

FedBizOpps Link to This Notice
(may not be valid after Archive Date)

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