(i)        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.

(ii)        The solicitation number is 75N95020Q00226 and the solicitation is issued as a request for quotation (RFQ). This acquisition is for a commercial item or service and is conducted under the authority of the Federal Acquisition Regulation (FAR) Part 13—Simplified Acquisition Procedures; FAR Subpart 13.5—Simplified Procedures for Certain Commercial Items; and FAR Part 12—Acquisition of Commercial Items, and is not expected to exceed the simplified acquisition threshold. The Government anticipates award of a firm fixed-price purchase order for this acquisition.

THIS IS A NON-COMPETITIVE (NOTICE OF INTENT) COMBINED SYNOPSIS SOLICITATION TO AWARD A CONTRACT OR PURCHASE ORDER WITHOUT PROVIDING FOR FULL OR OPEN COMPETITION (INCLUDING BRAND-NAME). 

The National Institute on Drug Abuse (NIDA), Office of Acquisition (OA), on behalf of the National Center for Advancing Translational Sciences (NCATS), intends to negotiate and award a purchase order without providing for full and open competition (including brand-name) to the University of Louisville, 2301 S. 3rd Street, Louisville, KY 40208-1838. The determination by the Government to award a contract without providing for full and open competition is based upon the market research conducted that identified no other sources of supply or service capable of achieving this Government requirement within this urgent time requirement. This acquisition is conducted as non-competitive for a commercial item or service and is conducted pursuant to FAR 13.106-1(b)(1).

(iii)       The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) Number 2020-07 with effective date July 2, 2020.

(iv)       This requirement has no set-aside restrictions. The associated NAICS code is 541380 and the small business size standard is $16.5 million.  

(v)        COVID-19/Coronavirus. The National Center for Advancing Translational Sciences (NCATS) at the National Institutes of Health (NIH) requires an In vivo efficacy study of NCGC00024379 (emetine) in male ferrets infected with SARS-CoV-2.

(vi)       COVID-19/Coronavirus. The statement of work with a description of the services to be performed is included as Attachment 1 to this Solicitation.

(vii)      The period of performance will be two months from the date of award.

(viii)     SPECIAL CONTRACT REQUIREMENTS
The services under this contract involves live vertebrate animals. Offerors must have an active OLAW Animal Welfare Assurance and AALAC accreditation. In addition, Offerors must include with its quotation:

• Vertebrate Animal Section (VAS) (see below)
• Institutional Animal Care and Use Committee (IACUC) project approval. The date of IACUC approval must not be more than 36 months prior to the anticipated date of award.

Vertebrate Animals Section (VAS): The VAS should be no more than two (2) pages and must address the following criteria:

1. Description of Procedures. Provide a concise description of the proposed procedures to be used that involve vertebrate animals in the work outlined in the Statement of Work. Identify the species, strains, ages, sex and total number of animals by species to be used in the proposed work.
2. Justifications. Provide justification that the species are appropriate for the proposed work. Explain why the project goals cannot be accomplished using an alternative model (e.g., computational, human, invertebrate, in vitro).
3. Minimization of Pain and Distress. Describe the interventions including analgesia, anesthesia, sedation, palliative care and humane endpoints to minimize discomfort, distress, pain and injury.
4. Euthanasia. State whether the method of euthanasia is consistent with the recommendations of the American Veterinary Medical Association (AVMA) Guidelines for the Euthanasia of Animals. If not, describe the method and provide a scientific justification.

For more discussion regarding the VAS, see NIH Guide Notice NOT-OD-16-006 at:

http://grants.nih.gov/grants/guide/notice-files/NOT-OD-16-006.html. The VAS Worksheet is provided as a attachment to this solicitation to assist in the preparation of the VAS.

Animal Welfare: All work involving live, vertebrate animals shall be conducted in accordance with the Public Health Service Policy on Humane Care and Use of Laboratory Animals (PHS Policy). The PHS Policy can be accessed at:

http://grants1.nih.gov/grants/olaw/references/phspol.htm. In addition, the work involving live vertebrate animals shall be conducted in accordance with the description set forth in the Vertebrate Animal Section (VAS) of the Contractor’s quotation.

The provision at FAR 52.252-1, Solicitation Provisions Incorporated by Reference (Feb 1998), applies to this acquisition. This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at these addresses:  https://www.acquisition.gov/browse/index/far   https://www.hhs.gov/grants/contracts/contract-policies-regulations/hhsar/index.html  
 

(End of provision)

The following provisions apply to this acquisition and are incorporated by reference:

• FAR 52.204-7, System for Award Management (Oct 2018)
• FAR 52.204-16, Commercial and Government Entity Code Reporting (Jul 2016)
• FAR 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Dec 2019)
• FAR 52.204-26, Covered Telecommunications Equipment or Services-Representation (Dec 2019)
• FAR 52.212-1, Instructions to Offerors-Commercial Items (Jun 2020)
• FAR 52.212-3, Offeror Representations and Certifications-Commercial Items (Jun 2020)
• HHSAR 352.239-73, Electronic and Information Technology Accessibility Notice (December 18, 2015)
• HHSAR 352.270-5a, Notice to Offerors of Requirement for Compliance with the Public Health Service Policy on Humane Care and Use of Laboratory Animals (December 18, 2015). The Public Health Service (PHS) Policy on Humane Care and Use of Laboratory Animals (PHS Policy) establishes a number of requirements for research activities involving animals. Before awarding a contract to an offeror, the organization shall file, with the Office of Laboratory Animal Welfare (OLAW), National Institutes of Health (NIH), a written Animal Welfare Assurance (Assurance) which commits the organization to comply with the provisions of the PHS Policy, the Animal Welfare Act, and the Guide for the Care and Use of Laboratory Animals (National Academy Press, Washington, DC). In accordance with the PHS Policy, offerors must establish an Institutional Animal Care and Use Committee (IACUC), qualified through the experience and expertise of its members, to oversee the institution’s animal program, facilities, and procedures. Offerors must provide verification of IACUC approval prior to receiving an award involving live vertebrate animals. No award involving the use of animals shall be made unless OLAW approves the Assurance and verification of IACUC approval for the proposed animal activities has been provided to the Contracting Officer. Prior to award, the Contracting Officer will notify Contractor(s) selected for projects involving live vertebrate animals of the Assurance and verification of IACUC approval requirement. The Contracting Officer will request that OLAW negotiate an acceptable Assurance with those Contractor(s) and request verification of IACUC approval. For further information, contact OLAW at NIH, 6705 Rockledge Drive, RKL1, Suite 360, MSC 7982 Bethesda, Maryland 20892-7982 (E-mail: [email protected]; Phone: 301-496-7163). (End of provision)
• HHSAR 352.270-5b, Care of Live Vertebrate Animals (December 18, 2015).

(a) Before undertaking performance of any contract involving animal-related activities where the species is regulated by the United Sates Department of Agriculture (USDA), the Contractor shall register with the Secretary of Agriculture of the United States in accordance with 7 U.S.C. 2136 and 9 CFR sections 2.25 through 2.28. The Contractor shall furnish evidence of the registration to the Contracting Officer.
(b) The Contractor shall acquire vertebrate animals used in research from a dealer licensed by the Secretary of Agriculture under 7 U.S.C. 2133 and 9 CFR sections 2.1-2.11, or from a source that is exempt from licensing under those sections.
(c) The Contractor agrees that the care, use, and intended use of any live vertebrate animals in the performance of this contract shall conform with the Public Health Service (PHS) Policy on Humane Care of Use of Laboratory Animals (PHS Policy), the current Animal Welfare Assurance (Assurance), the Guide for the Care and Use of Laboratory Animals (National Academy Press, Washington, DC) and the pertinent laws and regulations of the United States Department of Agriculture (see 7 U.S.C. 2131 et seq. and 9 CFR subchapter A, Parts 1-4). In case of conflict between standards, the more stringent standard shall govern.
(d) If at any time during performance of this contract, the Contracting Officer determines, in consultation with the Office of Laboratory Animal Welfare (OLAW), National Institutes of Health (NIH), that the Contractor is not in compliance with any of the requirements and standards stated in paragraphs (a) through (c) above, the Contracting Officer may immediately suspend, in whole or in part, work and further payments under this contract until the Contractor corrects the noncompliance. Notice of the suspension may be communicated by telephone and confirmed in writing. If the Contractor fails to complete corrective action within the period of time designated in the Contracting Officer’s written notice of suspension, the Contracting Officer may, in consultation with OLAW, NIH, terminate this contract in whole or in part, and the Contractor’s name may be removed from the list of those contractors with Animal Welfare Assurances.

Note: The Contractor may request registration of its facility and a current listing of licensed dealers from the Regional Office of the Animal and Plant Health Inspection Service (APHIS), USDA, for the region in which its research facility is located. The location of the appropriate APHIS Regional Office, as well as information concerning this program may be obtained by contacting the Animal Care Staff, USDA/APHIS, 4700 River Road, Riverdale, Maryland 20737 (E-mail: [email protected]; website: http://www.aphis.usda.gov/wps/portal/aphis/ourfocus/animalwelfare)

(End of clause)

The clause at FAR 52.252-2, Clauses Incorporated by Reference (Feb 1998), applies to this acquisition. This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at these addresses:

https://www.acquisition.gov/browse/index/far     https://www.hhs.gov/grants/contracts/contract-policies-regulations/hhsar/index.html 

(End of clause)

The following clauses apply to this acquisition and are incorporated by reference:

• FAR 52.204-13, System for Award Management Maintenance (Oct 2018)
• FAR 52.204-18, Commercial and Government Entity Code Maintenance (Jul 2016)
• FAR 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2019)
• FAR 52.212-4, Contract Terms and Conditions-Commercial Items (Oct 2018). Addendum to this FAR clause applies to this acquisition and is attached.
• FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Jul 2020). The following clauses under subparagraph (b) are indicated as incorporated by reference:
  • FAR 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020)
  • FAR 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Jun 2020)
  • FAR 52.219-28, Post Award Small Business Program Representation (May 2020)
  • FAR 52.222-3, Convict Labor (Jun 2003)
  • FAR 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020)
  • FAR 52.222-21, Prohibition of Segregated Facilities (Apr 2015)
  • FAR 52.222-26, Equal Opportunity (Sep 2016)
  • FAR 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020)
  • FAR 52.222-50, Combating Trafficking in Persons (Jan 2019)
  • FAR 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020)
  • FAR 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008)
  • FAR 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018)

• FAR 52.227-14, Rights in Data-General (May 2014)

• HHSAR 352.222-70, Contractor Cooperation in Equal Employment Opportunity Investigations (December 18, 2015)

• HHSAR 352.223-70, Safety and Health (December 18, 2015)
 

The following apply to this acquisition and are attached in full text:

1. Statement of Work
2. VAS Worksheet
3. FAR Provision 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Dec 2019)
4. INTERIM ELECTRONIC INVOICING INSTRUCTIONS: Electronic Invoicing Instructions for NIH Contractors/Vendors - Effective April 23, 2020, all NIH contractors/vendors invoices should be sent electronically via email using the attached electronic submission instructions which are applicable to this order and are incorporated in full text as an attachment. These procedures are to be followed until further notice.
5. STANDARD INVOICING INSTRUCTIONS: Invoice and Payment Provisions (02/2014) - NIH implementation requirements of the PROMPT PAYMENT clause at FAR 52.232-25 are applicable to this order and are incorporated in full text as an attachment. In the event the interim procedures are rescinded, these procedures take effect.

(ix)       The Government will perform a comparative evaluation of responses in accordance with FAR 13.106-2(b)(3) and award a purchase order from this solicitation to the responsible offeror whose response meets the solicitation’s requirements and, as a whole, will be most advantageous to the Government, price and other factors considered. The evaluation will compare: Technical Capability of the services to meet the Government requirement, Price, Terms and Conditions, and Past Performance.
 

(x)        Offerors are to include completed copies of the provisions at FAR 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment, and FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, with offers.

(xi)       The clause at FAR 52.212-4, Contract Terms and Conditions-Commercial Items, applies to this acquisition.

(xii)      The clause at FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items, applies to this acquisition and is incorporated by reference. The additional FAR clauses under subparagraph (b) incorporated by reference that apply to this acquisition are cited under (viii) of this solicitation.

(xiii)     The following additional contract requirement(s) or terms and conditions as determined by the contracting officer are necessary for this acquisition: see paragraph viii of this Solicitation.

(xiv)     The Defense Priorities and Allocations System (DPAS) are not applicable to this requirement; however, HHS reserves the right to exercise priorities and allocations authority with respect to this contract, to include rating this order in accordance with 45 CFR Part 101, Subpart A - Health Resources Priorities and Allocations System.

(xv)      This synopsis is not a request for competitive proposals. However, interested parties may identify their interest and capability to respond to this notice. Responses to this solicitation must include sufficient information to establish the interested parties’ bona-fide capabilities of providing the product or service. A determination by the Government whether to compete this proposed contract based upon responses to this notice is solely within the discretion of the Government. Information received will be considered to determine whether to proceed on a non-competitive basis as indicated above, or to conduct a competitive procurement.
 

The Dun & Bradstreet Number (DUNS), the Taxpayer Identification Number (TIN), and the certification of business size must be included in the response. All offerors must have an active registration in the System for Award Management (SAM) www.sam.gov.

All responses must be received by 05:00 PM Eastern, August 3, 2020, and reference Solicitation Number 75N95020Q00226. Responses must be submitted by email to Mark McNally, Contracting Officer, at [email protected].

(xvi)     The name and telephone number of the individual to contact for information regarding the solicitation:

Mark McNally, Contracting Officer, 301-827-5869, [email protected].