RESEARCH CONTRACTS BRANCH
NATIONAL CANCER INSTITUTE

REQUEST FOR PROPOSAL NUMBER
NO1-CP-01003-13

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PART I - THE SCHEDULE

(MASTER AGREEMENT FORM)

THE AWARD TO BE MADE PURSUANT TO THIS MASTER AGREEMENT ANNOUNCEMENT (MAA) WILL BE A MASTER AGREEMENT (MA). IT IS ANTICIPATED THAT MULTIPLE MASTER AGREEMENTS (MAs) WILL BE AWARDED AS A RESULT OF THIS SOLICITATION. A MA IS, OF ITSELF UNFUNDED, AND DOES NOT COMMIT THE GOVERNMENT TO PAY ANY COST AS A RESULT OF ITS AWARD TO THE MA HOLDER. THE OBLIGATION OF FUNDS SHALL BE ACCOMPLISHED SOLELY THROUGH THE AWARD OF CONTRACTS ISSUED UNDER THE TERMS OF THIS MA. A CONTRACT MAY BE ISSUED ON A COST OR FIXED PRICE BASIS AS DEEMED APPROPRIATE BY THE CONTRACTING OFFICER.

THE MASTER AGREEMENT SCHEDULE SET FORTH IN SECTIONS B THROUGH H, HEREIN, CONTAINS CONTRACTUAL INFORMATION PERTINENT TO THIS SOLICITATION. IT IS NOT AN EXACT REPRESENTATION OF THE PROPOSED MASTER AGREEMENT DOCUMENT. AGREEMENT PROVISIONS PERTINENT TO THE OFFEROR [I.E., THOSE RELATING TO THE ORGANIZATIONAL STRUCTURE (E.G., NON-PROFIT, COMMERCIAL)] WILL BE DISCUSSED IN THE NEGOTIATION PROCESS AND WILL BE INCLUDED IN THE RESULTANT MASTER AGREEMENT. HOWEVER, THE ENCLOSED MASTER AGREEMENT SCHEDULE PROVIDES ALL THE NECESSARY INFORMATION FOR THE OFFEROR TO UNDERSTAND THE TERMS AND CONDITIONS OF ANY RESULTANT CONTRACT.

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

ARTICLE B.1. BRIEF DESCRIPTION OF SUPPLIES OR SERVICES

Each negotiated CONTRACT issued under the terms of this MA will contain a specific description of the supplies or services.

ARTICLE B.2. CONTRACT REQUIREMENT

a. During the duration of the MA, the Contracting Officer may issue Request for Proposals (RFPs) to MA Holders for the award of CONTRACTS. Each RFP shall contain only requirements related to this MA. Specific performance requirements and applicable evaluation criteria shall be included in each RFP.

b. A CONTRACT is the bilateral award document issued to the MA Holder who has successfully competed for the requirement described in the RFP. All CONTRACT(S) issued shall be subject to the terms and conditions of this MA. Any additional provisions will be specified in the individual CONTRACT as appropriate. The CONTRACTS are funded individually, require that specific work be performed and contain a specific delivery schedule. The obligation of funds for a CONTRACT will be solely for the purposes of that CONTRACT, including applicable fee and profit, if any.

c. The Government will initiate each project requirement with the issuance of a RFP. The Government reserves the right to determine if each RFP will be issued to all MA Holders or a portion of the MA Holders on a rotation system. If a rotation system will be used for each RFP issued under the MA, the Government shall advise each MA Holder, in writing, prior to the issuance of a RFP. This written notification will provide a brief description of the system which will be utilized and explain how it will assure each MA Holder an equitable chance to compete for future CONTRACTS. This does not, however, prohibit any MA holder from responding to any RFP issued under this MA.

d. The RFP will provide a definitive work statement for the CONTRACT requirement and will request, as necessary, an estimate of the effort required, the estimated cost or price, as appropriate, for performance of the CONTRACT and, when required, the estimated performance period for completion of the CONTRACT.

e. The MA Holder agrees to submit a bona fide response to each RFP issued to the MA Holder under the terms and conditions of this MA. In the event that the MA Holder is unwilling or unable to submit a response to a RFP, the Contracting Officer shall be notified in writing, within ten working days of the RFP issuance date, the reasons for declining to respond. The RFP will contain a "Proposal Intent" form for this purpose.

f. The MA Holder shall respond to the RFP through the submission of both technical and cost proposals in sufficient detail as will permit prompt evaluation, negotiation and acceptance thereof. Proposals should be submitted initially on the most favorable terms from a technical and cost/price standpoint which the MA Holder can submit to the Government. The Government reserves the right to accept or reject the initial proposal without further discussions. Any proposals submitted in response to a RFP shall be executed by an authorized organizational representative.

g. When agreement has been reached between the MA Holder and the Government for the performance of a work requirement described in a RFP, a CONTRACT will be executed by both parties formalizing that agreement. A fully executed CONTRACT is required as authorization for the MA Holder to proceed with the work specified in the CONTRACT.

ARTICLE B.3 CONSIDERATION/PRICES

It is agreed and understood that no funding exists under the terms and conditions of this MA and that any CONTRACT issued shall contain funding for that CONTRACT.

Any CONTRACT awarded under this MA shall contain specific funding consideration provisions for that CONTRACT. This Article will set forth either the Estimated Cost/Fixed Fee or Price of the CONTRACT, as appropriate.

It is further agreed and understood that in no event shall funds be transferable between any individual CONTRACT awarded to the MA Holder without the prior written approval of the Contracting Officer.

ARTICLE B.4. PROVISIONS APPLICABLE TO DIRECT COSTS

This article will prohibit or restrict the use of contract funds, unless otherwise approved by the Contracting Officer for: 1) Acquisition, by purchase or lease, of any interest in real property; 2) Special rearrangement or alteration of facilities; 3) Purchase or lease of any item of general purpose office furniture or office equipment regardless of dollar value; 4) Travel Costs; 5) Consultant Costs; 6) Subcontract Costs; 7) Patient Care Costs; 8) Accountable Government Property; and 9) Research Funding.

ARTICLE B.5. ADVANCE UNDERSTANDINGS

Specific elements of cost, which normally require prior written approval of the Contracting Officer before incurrence of the cost (e.g., foreign travel, consultant fees, subcontracts) will be included in this Article if the Contracting Officer has granted his/her approval prior to contract award.

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

ARTICLE C.1. STATEMENT OF WORK

a. Independently and not as an agent of the Government, the Contractor shall be required to furnish all the necessary services, qualified personnel, material, equipment, and facilities, not otherwise provided by the Government, as needed to perform the Master Agreement Statement of Work, SECTION J, ATTACHMENT 1 attached hereto and made a part of this Solicitation.

ARTICLE C.2. REPORTING REQUIREMENTS

Each negotiated CONTRACT issued under the terms of this MA will contain a specific itemization of deliverable items, including reports, for that CONTRACT.

SECTION D - PACKAGING, MARKING AND SHIPPING

All deliverables required under this contract shall be packaged, marked and shipped in accordance with Government specifications. At a minimum, all deliverables shall be marked with the contract number and contractor name. The MA Holder shall guarantee that all required materials shall be delivered in immediate usable and acceptable condition.

SECTION E - INSPECTION AND ACCEPTANCE

a. The Contracting Officer or the duly authorized representative will perform inspection and acceptance of materials and services to be provided under each CONTRACT.

b. Each CONTRACT shall indicate who will be the duly authorized representative of the Contracting Officer.

c. Each CONTRACT shall indicate where inspection and acceptance will be performed.

d. The inspection clause to be utilized will be set forth in each CONTRACT.

SECTION F - DURATION, DELIVERIES OR PERFORMANCE

ARTICLE F.1. DURATION OF CONTRACT

The terms and conditions of the CONTRACT shall be in full force and effect from the effective date of the CONTRACT through the completion date identified in the CONTRACT.

CONTRACTS may not be issued under a MA which has expired. However, performance of a CONTRACT awarded during the duration of the MA may continue beyond the expiration date of the MA.

ARTICLE F.2. DELIVERIES

Each CONTRACT awarded shall identify a delivery schedule or period of performance appropriate for that CONTRACT.

ARTICLE F.3. CLAUSES INCORPORATED BY REFERENCE, FAR 52.252-2 (FEBRUARY 1998)

This contract incorporates the following clause by reference, with the same force and effect as if it were given in full text. Upon request, the Contracting Officer will make its full text available. Also, the full text of a clause may be accessed electronically at this address: http://www.arnet.gov/far/.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSE:

52.242-15, Stop Work Order (AUGUST 1989) with ALTERNATE I* (APRIL 1984).

*Alternate I of this clause is not applicable with Fixed-Price contracts.

SECTION G - CONTRACT ADMINISTRATION DATA

Any contract awarded from this RFP will contain the following:

ARTICLE G.1. PROJECT OFFICER

The following Project Officer(s) will represent the Government for the purpose of this MA:

The Project Officer is responsible for: (1) monitoring the MA Holder's technical progress, including the surveillance and assessment of performance and recommending to the Contracting Officer changes in requirements; (2) interpreting the Statement of Work and any other technical performance requirements; (3) performing technical evaluation as required; (4) performing technical inspections and acceptances as required by CONTRACTS; and (5) assisting in the resolution of technical problems encountered during performance.

The Contracting Officer is the only person with the authority to act as agent of the Government under this MA and any subsequent CONTRACTS. Only the Contracting Officer has authority to: (1) direct or negotiate any changes in the Statement of Work; (2) modify or extend the duration of agreement; (3) change the delivery schedule; (4) authorize reimbursement to the MA Holder any costs incurred during the performance of a CONTRACT; or (5) otherwise change any terms and conditions of this MA and any subsequent CONTRACT.

[The Contracting Officer hereby delegates the Project Officer's authorized representative responsible for signing software license agreements issued as a result of any CONTRACT awarded under this MA.]

The Government may unilaterally change its Project Officer designation.

ARTICLE G.2. KEY PERSONNEL

Pursuant to the Key Personnel clause incorporated in the MA, the following individual(s) is/are considered to be essential to the work being performed hereunder:

NOTE: The personnel identified in the KEY PERSONNEL ARTICLE of any CONTRACT awarded under this MA are considered to be essential to the work to be performed in that CONTRACT. Prior to diverting any of the specified individuals to other programs, the MA Holder shall notify the Contracting Officer reasonably in advance and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the program. No diversion shall be made by the MA Holder without the written consent of the Contracting Officer; provided, that the Contracting Officer may ratify in writing such diversion and such ratification shall constitute the consent of the Contracting Officer required by this article. The CONTRACT may be amended from time to time during the course of the CONTRACT to either add or delete personnel, as appropriate.

ARTICLE G.3. INVOICE SUBMISSION/CONTRACT FINANCING REPORT

a. Invoice/Financing Request Instructions and Contract Financial Reporting for NIH Cost-Reimbursement Type Contracts NIH(RC)-4 are attached and made part of this contract. The instructions and the following directions for the submission of invoices/financing request must be followed to meet the requirements of a "proper" payment request pursuant to FAR 32.9.

b. These instructions also provide for the submission of financial and personnel reporting required by HHSAR 342.7002. Unless otherwise stated in that part of the Instructions for Completing Form NIH(RC)-4 (see ATTACHMENT 6), all columns A through H shall be completed for each invoice submitted.

e. Invoices must include the cumulative total expenses to date, adjusted (as applicable) to reflect any amounts suspended by the Government.

f.The MA Holder agrees to immediately notify the Contracting Officer, in writing, if there is an anticipated overrun (any amount) or unexpended balance (greater than 10 percent) of the amount currently allotted to the contract and the reasons for the variance. Also, refer to the requirements of FAR 52.232-20, Limitation of Cost, referenced in the contract.

g. Invoices/financing requests shall be submitted in the form of an original and two copies to the following designated billing office:

h. Inquiries regarding approval of invoices should be directed to the designated billing office, (301) 496-8611.

i. Inquiries regarding payment of invoices should be directed to the designated payment office, attention of Chief, Contracts Section, (301) 496-6452.

j. The MA Holder shall include the following certification on every invoice for reimbursable costs incurred with Fiscal Year funds subject to the salary rate limitation provisions as specified in ARTICLE H. . of this contract. For billing purposes, certified invoices are required for the billing period during which the applicable Fiscal Year funds were initially charged through the final billing period utilizing the applicable Fiscal Year funds:

-OR-

ARTICLE G.3. INVOICE SUBMISSION-FIXED PRICE CONTRACT

Invoice Instructions for NIH Fixed-Price Type Contract, NIH (RC)-2, are attached [attachment #7] and made part of this contract. The invoice instructions and the following directions for the submission of invoices must be followed to meet the requirements of a "proper" invoice, pursuant to FAR 32.9.

a. Invoices/financing requests shall be submitted in the form of an original and two copies to the following designated billing office:

b. Inquiries regarding approval of invoices should be directed to the designated billing office, (301) 496-8611.

c. Inquiries regarding payment of invoices should be directed to the designated payment office, attention of Chief, Contracts Section, (301) 496-6452.

-OR-

ARTICLE G.3. PAYMENT MANAGEMENT SYSTEM INFORMATION

Advance payments will be provided pursuant to the clause HHSAR 352.232-73, Method of Payment -- Letter of Credit, which is incorporated by reference. The PIN (letter-of-credit) number under HHSAR 352.232-73(a) is .

[Invoice/Financing Request and Contract Financial Reporting Instructions for NIH Cost-Reimbursement Contracts, NIH(RC)-4 OR Invoice/Financing Request Instructions for NIH Fixed Price Contracts NIH(RC)-2] are attached and will be made a part of any resultant MA for the submission of completion and/or final invoices. The invoice instructions and the following directions for the submission of invoices/financing requests must be followed to meet the requirements of a "proper" invoice pursuant to FAR 32.9.

1) The completion and/or final invoice(s) shall be submitted as follows:

2) The office administering advance payments designated in HHSAR 352.232-73(g)(2) is:

3) The MA Holder shall include the following certification on every invoice for reimbursable costs incurred with fiscal year funds subject to salary rate limitation legislation as specified in ARTICLE H. . of each CONTRACT awarded pursuant to this MA. For billing purposes, certified invoices are required for the billing period during which the applicable fiscal year funds were initially charged through the final billing period utilizing the applicable fiscal year funds:

ARTICLE G.4. INDIRECT COST RATES

In accordance with Federal Acquisition Regulation (FAR) (48 CFR Chapter 1) Clause 52.216-7(d)(2), "Allowable Cost and Payment" incorporated by reference in this contract in Part II, Section I, the cognizant Contracting Officer responsible for negotiating provisional and/or final indirect cost rates is identified as follows:

These rates are hereby incorporated without further action of the Contracting Officer.

ARTICLE G.5. GOVERNMENT PROPERTY

If this RFP will result in the acquisition or use of Government Property provided by the contracting agency or if the Contracting Officer authorizes in the preaward negotiation process, the acquisition of property (other than real property), this ARTICLE will include applicable provisions and incorporate the DHHS Publication (OS) 686, entitled, Contractor's Guide for Control of Government Property, (1990).

ARTICLE G.6. POST AWARD EVALUATION OF PAST PERFORMANCE

Interim and final evaluations of contractor performance will be prepared on this contract in accordance with FAR 42.15. The final performance evaluation will be prepared at the time of completion of work. In addition to the final evaluation, interim evaluations will be prepared annually to coincide with the anniversary date of the contract.

Interim and final evaluations will be provided to the Contractor as soon as practicable after completion of the evaluation. The Contractor will be permitted thirty days to review the document and to submit additional information or a rebutting statement. Any disagreement between the parties regarding an evaluation will be referred to an individual one level above the Contracting Officer, whose decision will be final.

Copies of the evaluations, contractor responses, and review comments, if any, will be retained as part of the contract file, and may be used to support future award decisions.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

ARTICLE H.1. REIMBURSEMENT OF COSTS FOR INDEPENDENT RESEARCH AND DEVELOPMENT PROJECTS (Commercials Only)

The primary purpose of the Public Health Service (PHS) is to support and advance independent research within the scientific community. This support is provided in the form of contracts and grants totaling approximately 7 billion dollars annually. PHS has established effective, time tested and well recognized procedures for stimulating and supporting this independent research by selecting from multitudes of applications those research projects most worthy of support within the constraints of its appropriations. The reimbursement through the indirect cost mechanism of independent research and development costs not incidental to product improvement would circumvent this competitive process.

To ensure that all research and development projects receive similar and equal consideration, all organizations may compete for direct funding of independent research and development projects they consider worthy of support by submitting those projects to the appropriate Public Health Service grant office for review. Since these projects may be submitted for direct funding, the Contractor agrees that no costs for any independent research and development project, including all applicable indirect costs, will be claimed under this contract.

ARTICLE H.2. HUMAN SUBJECTS

Research involving human subjects shall not be conducted under any CONTRACT issued pursuant to this MA without prior approval by the Office For Protection From Research Risks (OPRR) of an assurance to comply with the requirements of 45 CFR 46 to protect Human Research Subjects. This restriction applies to all performance sites without OPRR-approved assurances, whether domestic or foreign.

In the event a subsequent CONTRACT involves human subjects, the contractor will be required to provide single project assurance for their own institution, in compliance with DHHS regulations for the protection of human subjects, to the Director, Office for Protection from Research Risks (OPRR), NCI, Suite 3B01, 6100 EXECUTIVE BLVD MSC 7507, BETHESDA MD 20892-7507, telephone 301-496-7005. Before the MA Holder may receive authorization to proceed with any work involving human subjects, written notice of approval of Human Subjects Assurance by the OPRR must be provided to the Contracting Officer. Upon receipt of this assurance, the CONTRACT will be modified to incorporate the appropriate Article authorizing research involving human subjects and the following ARTICLE H.2. HUMAN MATERIALS, will be incorporated into the CONTRACT.

ARTICLE H.3. HUMAN MATERIALS

It is understood that the acquisition and supply of all human specimen material (including fetal material) used under this contract will be obtained by the Contractor in full compliance with applicable State and Local laws and the provisions of the Uniform Anatomical Gift Act in the United States and that no undue inducements, monetary or otherwise, will be offered to any person to influence their donation of human material.

ARTICLE H.4. CONTINUED BAN ON FUNDING OF HUMAN EMBRYO RESEARCH

a. Pursuant to Public Law(s) cited in paragraph b. , below, NIH is prohibited from using appropriated funds to support human embryo research. Contract funds may not be used for (1) the creation of a human embryo or embryos for research purposes; or (2) research in which a human embryo or embryos are destroyed, discarded, or knowingly subjected to risk of injury or death greater than that allowed for research on fetuses in utero under 45 CFR 46.208(a)(2) and Section 498(b) of the Public Health Service Act (42 U.S.C. 289g(b)). The term "human embryo or embryos" includes any organism, not protected as a human subject under 45 CFR 46 as of the date of the enactment of this Act, that is derived by fertilization, parthenogenesis, cloning, or any other means from one or more human gametes or human diploid cells.

[Applicable information to be included at award]

ARTICLE H.5. NEEDLE EXCHANGE

a. Pursuant to Public Law(s) cited in paragraph b., below, contract funds shall not be used to carry out any program of distributing sterile needles or syringes for the hypodermic injection of any illegal drug.

[Applicable information to be included at award]

ARTICLE H.6. PRIVACY ACT

It is anticipated that CONTRACTS awarded under this MA will require the MA Holder to do one or more of the following: design, develop, or operate a system of records on individuals to accomplish an agency function in accordance with the Privacy Act of 1974, Public Law 93-579, December 31, 1974 (5 USC 552a) and applicable agency regulations.

Each CONTRACT awarded under this MA shall, if the Privacy Act of 1974 applies, reference this ARTICLE and cite the appropriate Systems of Records number.

Violation of the Act may involve the imposition of criminal penalties.

ARTICLE H.7. DATA ACCESS

All data generated by subsequent CONTRACTS shall be forwarded to the Project Officer (or designated representative) and shall be maintained as confidential. Prior approval for access to the data by any other party shall be requested in writing to the Project Officer. The data generated is the property of the U.S. Government.

ARTICLE H.8. SUBCONTRACTING PROVISIONS

In the event that a CONTRACT exceeds $500,000, the MA Holder selected for award of the CONTRACT shall be required to submit to the Contracting Officer for approval a "Small Business Subcontracting Plan" (ATTACHMENT 11 to the MA/RFP).

This ARTICLE shall not apply, regardless of dollar value, to CONTRACTS awarded to small business organizations or foreign organizations.

ARTICLE H.9. SALARY RATE LIMITATION LEGISLATION PROVISIONS

a. Pursuant to Public Law(s) cited in paragraph b., below, no NIH Fiscal Year funds may be used to pay the direct salary of an individual through this contract at a rate in excess of applicable amount shown for the fiscal covered. Direct salary is exclusive of overhead, fringe benefits and general and administrative expenses. The per year salary rate limit also applies to individuals proposed under subcontracts. If this is a multi-year contract, it may be subject to unilateral modifications by the Government if an individual's salary rate exceeds any salary rate ceiling established in future DHHS appropriation acts.

[Applicable information to be included at award]

*Currently this amount is $136,700. See the following web site for Executive Level II rates of pay:

ARTICLE H.10. OMB CLEARANCE

In accordance with HHSAR 352.270-7, Paperwork Reduction Act, the Contractor shall not proceed with surveys or interviews until such time as Office of Management and Budget (OMB) Clearance for conducting interviews has been obtained by the Project Officer and the Contracting Officer has issued written approval to proceed.

ARTICLE H.11. CONFIDENTIALITY OF INFORMATION

The Contractor shall ensure the confidentiality of the data collected during the course of this study in compliance with HHSAR 352.224-70, Confidentiality of Information (APRIL 19840). Any dissemination of data relating to the study shall be cleared through the Contracting Officer prior to oral or written release of information. This includes abstracts and preprints and materials to be presented at conferences or in public forums.

ARTICLE H.12. PUBLICATION AND PUBLICITY

The MA Holder shall acknowledge the support of the National Institutes of Health whenever publicizing the work under this contract in any media by including an acknowledgment substantially as follows:

ARTICLE H.13. PRESS RELEASES

a. Pursuant to Public Law(s) cited in paragraph b., below, the contractor shall clearly state, when issuing statements, press releases, requests for proposals, bid solicitations and other documents describing projects or programs funded in whole or in part with Federal money: (1) the percentage of the total costs of the program or project which will be financed with Federal money; (2) the dollar amount of Federal funds for the project or program; and (3) the percentage and dollar amount of the total costs of the project or program that will be financed by nongovernmental sources.

[Applicable information to be included at award]

ARTICLE H.14. REPORTING MATTERS INVOLVING FRAUD, WASTE AND ABUSE

Anyone who becomes aware of the existence or apparent existence of fraud, waste and abuse in NIH funded programs is encouraged to report such matters to the HHS Inspector General's Office in writing or on the Inspector General's Hotline. The toll free number is 1-800-HHS-TIPS (1-800-447-8477). All telephone calls will be handled confidentially. The e-mail address is Htips@os.dhhs.gov and the mailing address is:

Information regarding procedural matters is contained in the NIH Manual Chapter 1754, which is available on http://www1.od.nih.gov/oma/oma.htm

ARTICLE H.15. YEAR 2000 COMPLIANCE

In accordance with FAR 39.106, Information Technology acquired under this contract must be Year 2000 compliant as set forth in the following clause(s):

1. Service Involving the Use of Information Technology

(End of Clause)

2. Noncommercial Supply Items Warranty

YEAR 2000 COMPLIANT ITEMS

(end of clause)

3. Commercial Supply Products Warranty

YEAR 2000 COMPLIANT ITEMS

(end of clause)

ARTICLE H.16. ANTI -LOBBYING

a. Pursuant to Public Law(s) cited in paragraph c., below, contract funds shall not be used, other than for normal and recognized executive-legislative relationships, for publicity or propaganda purposes, for the preparation, distribution, or use of any kit, pamphlet, booklet, publication, radio, television, or video presentation designed to support or defeat legislation pending before the Congress or any State legislature, except in presentation to the Congress or any State legislature itself.

b. Contract funds shall not be used to pay salary or expenses of the contractor or any agent acting for the contractor, related to any activity designed to influence legislation or appropriations pending before the Congress or any State legislature.

[Applicable information to be included at award]