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FBO DAILY - FEDBIZOPPS ISSUE OF APRIL 22, 2017 FBO #5629
SOLICITATION NOTICE

D -- Web Based Access to Brand Name SciFinder or Equal Product

Notice Date

4/20/2017
 

Notice Type

Combined Synopsis/Solicitation
 

NAICS

511210 — Software Publishers
 

Contracting Office

Department of Health and Human Services, Food and Drug Administration, Office of Acquisitions and Grants Services - Rockville, 5630 Fishers Lane, Room 2129, Rockville, Maryland, 20857-0001, United States
 

ZIP Code

20857-0001
 

Solicitation Number

FDA-SOL-17-1178965
 

Archive Date

5/23/2017
 

Point of Contact

Jacquelyne A. Ngegba, Phone: 3017966761
 

E-Mail Address

Jacquelyne.Ngegba@fda.hhs.gov
(Jacquelyne.Ngegba@fda.hhs.gov)
 

Small Business Set-Aside

N/A
 

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 Contract 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-17-1178965. Provisions and clauses in effect through Federal Acquisition Circular 05-44 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 511210, Software Publishers. There is no set-aside for this acquisition. All qualified vendors are encouraged to submit a proposal. The purpose of this procurement is to provide an enterprise wide site license for internet access to "SciFinder" Brand Name or Equal", scientific/regulatory discovery tool. 1.0 Background and Purpose Since 2009, the FDA Library has provided access to SciFinder chemistry research discovery application resource. For the past several years, the FDA has been providing unlimited users and unlimited searching access to the SciFinder resource. To date, there are close to 700 accounts within the FDA with CDER, CFSAN, and OC serving as the primary users. To date, the FDA has expended a significant amount of resources purchasing, integrating and supporting the SciFinder resource for the FDA researching staff. The Food and Drug Administration (FDA) researchers require unlimited searching access for unlimited number of users to chemical information content that includes the following databases contained in SciFinder (Brand Name or Equal to product): Chemical Abstracts Registry (Organic and Inorganic Chemical Substances), Chemical Abstracts Plus (references), Chemical Abstracts React (Reactions), ChemList (information on regulated chemicals), ChemCats (information source on Chemical suppliers), Chemical Industry trade publications, and patents. It is a critical information source for FDA researchers to stay up-to-date on today's most recent scientific and regulatory developments and includes historical information. This resource is highly valued and used heavily by FDA researchers in support of the Agency mission as evidenced by usage statistics. The monthly statistics average 4,000 in usage quantity. 2.0 Scope The Contractor shall provide an enterprise wide site license for internet access to "SciFinder" Brand Name or Equal", scientific/regulatorydiscovery tool, that provides the content listed below. The overarching content the resource must provide the FDA is: access to CAS Registry (Organic and Inorganic Chemical Substances), CAPlus (References), CASReact (Reactions), ChemList (information on requlated chemicals), ChemCats (information sources on chemical suppliers), Chemical industry trade publications and patents databases. 2.1 The Contractor shall ensure that the proposed solution (SciFinder, Brand Name or Equal to) meets the following salient characteristics: • The Contractor shall ensure access is via user name and password authentication and provide for unlimited users and search usage for all FDA employees. • The CAS Registry database (information on 134 million substances including synonyms, molecular formulas ring analysis data, structure diagrams, experimental and predicted property data and Literature references). • Comprehensive registration of all types of chemical compounds, polymers, and mixtures, and coverage of reactions with the ability to draw structure reactions and to search the literature and link out to FDA subscribed journals. • Include access to a mobile component that requires access to a web browser with no app to download and no IP restrictions to: o Explore by Research Topic o Explore by Substance ID o Explore by Author Name o Explore by Company Name o Review Saved Answer Sets o Review Keep Me Posted Alerts • Include information on unique organic and inorganic substances. Include Markush structures where available. • Include a resource, such as ChemList (brand name or equal) to find regulatory information on substances on an international, national, or state level. • Access to patents in multiple languages with over 11.8 million scientific patents • Provide single and multistep reactions (including structure diagrams for reactants and products, CAS Registry Numbers for all reactants, products, reagents, solvents, and catalysts, detailed reaction conditions and experimental procedures) • Provide daily reference updates to the database. • Provide bibliographic literature references that includes millions of records from MEDLINE® in one place. • Provide Predicted property values and experimental properties. • Provide sequences combined from CAS and Genbank databases, which are linked to scientific journals and patent literature. • Provide a resource, such as ChemCats to obtain information on chemical suppliers that provide commercially available chemicals with pricing and supplier contact information. • Provide an option to search by chemical structure, research topic, author and company in one interface. • Provide online tutorials, videos and training documentation. • Provide a minimum of two training webinars on searching the database. • All resources shall be searchable through a single interface. • Provide a mechanism for library staff to manage customer accounts and provide assistance in re-setting accounts. 2.2 Requirements If a plug-in, additional software or recommended software is required for optimal use, the Contractor shall include specific requirements. The Contractor shall address any questions or problems encountered when using this product with supported software or hardware. Customer service shall be available from 8:00 AM to 6:00 PM Monday through Friday, US Eastern Time. Customer service shall provide general information on account-related questions, assistance with search strategies, database content or using the product. 3.0 Deliverables 3.1 The interface shall be hosted on the Contractor's server and shall be accessible at the researchers desktops 24/7 with a user ID/password. 3.2 The Contractor shall provide a minimum of two (2) webinars or in-person training sessions to train FDA researchers to utilize the database in the DC area. 3.3 The Contractor shall provide usage statistics on a monthly basis. The format of the usage statistics shall be submitted as an Excel spreadsheet and provided to the Contracting Officer's Representative (COR) via email. Include user, usage description, and quantity. 4.0 Period of Performance Base Period: 12 months from award date Option Year 1: 12 months Option Year 2: 12 months 5.0 Place of Performance This is a web based subscription 6.0 Contract Type Firm Fixed Price 7.0 Contracting Specialist Jacquelyne Ngegba 301-796-6761 Jacquelyne.Ngegba@fda.hhs.gov 8.0 Contracting Officer Representative: To Be Determined 9.0 Order of Precedence The Contractor shall follow the terms and conditions of this order. Should the Contractor include any additional terms and conditions resulting in conflicts between this document and the Contractor's document, the Order of Precedence shall be as specified in FAR Clause 52.212-4, dated May 2015. Any indemnification language indemnifying the Contractor of any liability and governing law language in the Contractor's terms and conditions shall be invalid and shall be stricken and removed from this order. Any additional terms and conditions shall not be prohibited by applicable laws and regulations. Any additional terms and conditions identified with a web link and/or incorporated by reference shall be stricken and removed from this order. The Contractor shall provide all terms and conditions, if applicable, with their quotations as attachments. In the event of any inconsistencies between any licensing agreement incorporated into this order as an attachment and the FAR and HHSAR Clauses incorporated into this order, the FAR or HHSAR Clauses shall take precedence. 10.0 Compatibility FDA is purchasing this requirement on a "Brand Name or Equal" basis. The SOW provides salient functional characteristics (Section 2.0) of the required software, maintenance and support. In order to be considered an "equal" solution, any alternative solution proposed must include the capabilities described in this RFQ plus the currently owned licenses, maintenance agreements and capacities for the existing SciFinder and supporting infrastructure. If proposing an alternate solution the contractor shall be responsible for getting the FDA to its current state of functionality without any disruption in service. For the purposes of this RFQ, FDA defines compatible as meaning that there will be no communication, integration, performance, maintainability issues in the interconnection of solutions with different configurations. 11.0 FAR Clauses FAR Clauses can be viewed in full text at: http://www.acquisition.gov/far/current/html/FARTOCP52.html#wp372482 52.227-19 - Commercial Computer Software License (Dec 2007) 52.252-6 - Authorized Deviations in Clauses (April 1984) (a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause. (b) The use in this solicitation or contract of any Section 743 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. 52.203-6 - ALT I, Restrictions on subcontractor Sales to the Government. 52.211-6 - Brand Name or Equal. 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. 52.212-2 - Evaluation - Commercial Items. (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). 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. 52.212-3, Offeror Representations and Certifications-Commercial Items; 52.227-19, Commercial Computer Software License (Dec 2007); 52.212-4, Contract Terms and Conditions---Commercial Items (May 2014); 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items. (Jan 2017) (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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) (3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (4) 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.] 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 (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 (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note). (5) [Reserved] (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (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). 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 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 (Nov 2016) (15 U.S.C. 637(d)(2) and (3)). (17) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637 (d)(4)). (ii) Alternate I (Nov 2016) of 52.219-9. (iii) Alternate II (Nov 2016) of 52.219-9. (iv) Alternate III (Nov 2016) of 52.219-9. (v) Alternate IV (Nov 2016) 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 (Jan 2017) (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. 657f). (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, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)). (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)). (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126). (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (28) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246). (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (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). (E. O. 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) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016). X (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016). (37) (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.) (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693). (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693). (40) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514 (ii) Alternate I (Oct 2015) of 52.223-13. (41) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514). (ii) Alternate I (Jun 2014) of 52.223-14. (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). (43) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514). (ii) Alternate I (Jun 2014) of 52.223-16. X (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513). (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693). (46) 52.223-21, Foams (Jun 2016) (E.O. 13696). (47) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a). (ii) Alternate I (Jan 2017) of 52.224-3. X (48) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83). (49) (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. X (iv) Alternate III (May 2014) of 52.225-3. X (50) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). X (51) 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). (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)). (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). X (57) 52.232-33, Payment by Electronic Funds Transfer- System for Award Management (Jul 2013) (31 U.S.C. 3332). (58) 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332). (59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). (61) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(12)). (62) (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). (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 2015) (E.O. 13658). (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). (11) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). (12) 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 (Oct 2015) (41 U.S.C. 3509). (ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iv) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17. (v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (vi) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246). (vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). (viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). (x) 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. (xi) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67). (xii) (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 E.O. 13627). (xiii) 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.) (xiv) 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) (xv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989). (xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). X (xvii) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016 (xviii) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016). (xix) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). (xx) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a). (B) Alternate I (Jan 2017) of 52.224-3. (xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xxii) 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. (xxiii) 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 Clauses) 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; provided, that the Government gives the Contractor a preliminary written notice of its intent to extend at any time prior to the end of the period of performance. 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 36 months. (End of clause) The following Health and Human Services Acquisition Regulation (HHSAR) Clauses applies to this procurement. HHSAR Clauses can be viewed in full text at: http://www.hhs.gov/policies/hhsar/subpart352.html#subpart352.1--InstructionsforUsingProvisionsandClauses 352.203-70 - Anti-lobbying (December 2015) 352.222-70 - Contractor Cooperation in Equal Employment Opportunity Investigations (December 2015) 352.239-73 - Electronic Information and Technology Accessibility Notice (December 2015) 352.239-74 - Electronic Information and Technology Accessibility (December 2015) 1194.21 Software applications and operating systems (a - l) 1194.22 Web-based intranet and internet information and applications (a - p) 1194.31 Functional performance criteria (a - f) 1194.41 Information, documentation, and support criteria (a - c) (End of Clauses) 12.0 FAR Provisions The FAR Provisions can be viewed in full text at: http://www.acquisition.gov/far/current/html/FARTOCP52.html#wp372482 52.203-98 - Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements - Representation (DEVIATION 2015-02) (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. 52.203-99 - Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements - Representation (DEVIATION 2015-02) (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 Provisions) 13.0 F DA Three-Way Invoicing The contractor shall submit one (1) original copy of each invoice to the address specified below: FDA/OC/OA/OFO/OFS 10903 New Hampshire Ave WO32 - Second Floor, MAIL HUB 2145 Silver Spring, MD 20993-0002 Attn: Vendor Payments Phone 301-827-ERIC (3742) fdavendorpaymentsteam@fda.gov The Contractor shall submit one (1) original copy of each invoice to the contracting officer representative (COR) clearly marked "courtesy copy". Acceptable methods of delivery include: e-mail (preferred) or standard mail Invoices submitted under this contract must comply with the requirements set forth in FAR clauses 52.232-25 (Prompt Payment) and 52.232-33 (Payment By Electronic Funds Transfer - System for Award Management) and/or other applicable FAR clauses specified herein. To constitute a proper invoice, the invoice must be submitted on company letterhead and include each of the following: (i) name and address of the contractor; (ii) invoice date and invoice number; (iii) purchase order/award number; (iv) description, quantity, unit of measure, unit price, and extended price supplies delivered or services performed, including: (a) period of performance for which costs are claimed; (b) itemized travel costs, including origin and destination; and (c) any other supporting information necessary to clarify questionable expenditures; (v) shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on government bill of lading; (vi) terms of any discount for prompt payment offered; (vii) name and address of official to whom payment is to be sent (must be the same as that in the purchase order/award, or in a proper notice of assignment) (viii) name, title, and phone number of person to notify in event of defective invoice; (ix) taxpayer identification number (tin); (x) electronic funds transfer (EFT) banking information, including routing transit number of the financial institution receiving payment; (xi) name and telephone number of the FDA Contracting Officer's Representative (COR) or other program center/office point of contact, as referenced on the purchase order; and (xii) any other information or documentation required by the purchase order/award. An electronic invoice is acceptable if submitted in Adobe Acrobat (pdf) format. All items in (i) through (xii) of this clause must be included in the electronic invoice. Electronic invoices must be on company letterhead and must contain no ink changes and be legible for printing. Questions regarding invoice payments should be directed to the FDA Payment Office at a telephone number provided above. 14.0 Instruction to Offerors The offerors shall certify their quotes to be valid for 120 days. The FDA anticipates that this contract will be Firm Fixed Price. Offerors shall submit quotations using two (2) volumes. Volume one (1) shall contain all technical information and Volume two (2) shall contain all pricing information. Equal to quotes must meet all the salient characteristics in order to be considered technically acceptable. Equal to quotes must be submitted as a separate Technical quote with detailed point-by-point description of how the equal to product meets all the salient characteristics of this SOW. Equal to quotes are required to operate with the existing SciFinder Database and its supporting infrastructure. Offerors with the specified SciFinder Database (Brand Name solution) and maintenance services that meets all of the salient characteristics of the SOW are not required to submit a separate Technical Quotation. Technical quotes shall not contain pricing information. Authorized reseller and/or servicing agent must identify and/or provide documentation to confirm their claim as an authorized reseller and/or servicing agent. Offerors providing quotations must break down the proposed pricing by period of performance and clearly state the overall cost to the Government. If proposing an alternate solution, offeror shall include all costs associated with getting the FDA to its current state of functionality without causing any disruptions in service. Offerors shall clearly state the product description and salient characteristics. The quotation shall include and match (or equal to) the product description and salient characteristics. The bidders are advised that should their quotation be in conflict with or does not clearly reflect the specified requirement of this solicitation, their quotation may be deemed as technically unacceptable and may not be considered for award. All additional terms and conditions must be submitted with its quotation. Offerors shall submit all applicable terms and conditions in full text as attachments, appendix, or exhibits. Offerors shall submit Product Accessibility Templates (PAT) in full text with their quotations. Offerors shall submit all assumptions in their quotations. Offerors shall notify the Contract Specialist / Contracting Officer immediately if this requirement is registered by a reseller with the Original Equipment Manufacturer (OEM). Offerors are advised that additional terms and conditions submitted with their quotation that is in conflict of the terms and conditions of this solicitation may be deemed as technically unacceptable and may not be considered for award. Additional Administrative Instructions: System for Award Management (SAM). In accordance with FAR 52.212-4, Offerors shall be registered in the CCR database to be considered for award. Registration is free and can be completed on-line at http://www.ccr.gov; provide DUNS number; Cage Code and TIN. Proposals shall be submitted by email only as a MS Word attachment to Jacquelyne Ngegba at Jacquelyne.Ngegba@fda.hhs.gov. Proposals are due by 3:00 pm Eastern Time on Monday 05/08/2017. Any questions must be addressed to Jacquelyne.Ngegba@fda.hhs.gov by Noon on 04/25/2017. 15.0 Award Determination All quotations will be evaluated on a Lowest Priced Technically Acceptable (LPTA) basis. The award will be made to the lowest price bidder that demonstrates they can meet all the requirements of this solicitation. Failure to demonstrate meeting any of the requirements will result in a rating of technically unacceptable and will not be considered for award. As part of the technical acceptability determination the Government will review all information related to 508 submitted by the vendor. Section 508 conformance of the proposed solution is based upon all information provided by the vendor relevant to accessibility. The Government will evaluate: • Submission of an HHS PAT for the solution. • Quality of the accessibility documentation provided. This includes the submission of an HHS PAT to the instructions, inclusion of all applicable standards, and clarity of the information (including additional or supplementary information beyond the HHS PAT) provided. Qualitative evaluation of the accessibility of the proposed solution. This includes an evaluation of the proposed solution's technical conformance to standards for accessibility, in relation to the needs of the agency.
 

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