Tuberculosis Curriculum Coordinating Center
RFP NHLBI-HR-03-04

Request for Proposal No.: BAA NHLBI-HR-03-04
Issue Date: January 31, 2003
Issued By: David Merrell, Contract Specialist
NIH/NHLBI
Contracts Operations Branch
6701 ROCKLEDGE DR MSC 7902
BETHESDA MD 20892-7902
Telephone Number: (301) 435-0340
FAX Number: (301) 480-3338
E-Mail: merrelld@nhlbi.nih.gov
Purchase Authority: 42USC201, Public Health Service Act of 1944, as amended
Just In Time: No
Small Business Set-Aside: No; NAICS 611710
Proposal Intent Due Date: February 28, 2003
Proposal Due Date: March 17, 2003 4:30 PM (Eastern Standard Time)


The National Heart, Lung, and Blood Institute (NHLBI) is soliciting proposals under the subject Broad Agency Announcement (BAA). BAA's are used by Federal agencies to fulfill their requirements for scientific study and experimentation directed toward advancing the state-of-the-art or increasing knowledge or understanding rather than focusing on a specific system or hardware solution. Proposals received in response to this BAA will be evaluated using the evaluation criteria specified herein through a peer review process. Proposals will not be evaluated against a specific Government requirement, as with conventional RFP's, as they are not submitted in accordance with a common statement of work.

Attention is directed to Part IV, Section L which contains the Project Description and Instructions. Note under Business Proposal Instructions the web-based instructions for submitting the detailed cost support of the proposed budget. Attention also is directed to Part IV, Section M for the Evaluation Criteria.

Toward preparations for review of proposals, submission of the completed Proposal Intent Response Sheet due February 28, 2003, is extremely important. In addition, if you intend to submit a proposal in response to this BAA, it is essential that you immediately notify David Merrell by e-mail at: dm416n@nih.gov. If you do not notify the Contract Specialist of your intent to submit a proposal, you will not receive an individual notice of any amendments to the BAA, if any are issued. However, all amendments will be posted on the NIH web site. The due date for submission of proposals is March 17, 2003, 4:30 p.m. e.s.t. The address for submitting proposals and packaging instructions are set forth in Part IV, Section L, II.2. Proposals from Federally Funded Research and Development Centers will not be accepted.

/s/
David Merrell
Contract Specialist
Contract Operations Branch
National Heart, Lung, and Blood Institute


TABLE OF CONTENTS

PART I—THE SCHEDULE

  1. SOLICITATION/CONTRACT FORM
  2. SUPPLIES OR SERVICES AND PRICES/COSTS
  3. DESCRIPTION/SPECS./WORK STATEMENT
  4. PACKAGING, MARKING, AND SHIPPING
  5. INSPECTION AND ACCEPTANCE
  6. DELIVERIES OR PERFORMANCE
  7. CONTRACT ADMINISTRATION DATA
  8. SPECIAL CONTRACT REQUIREMENTS
PART II—CONTRACT CLAUSES
  1. CONTRACT CLAUSES
PART III—LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS
  1. LIST OF ATTACHMENTS
PART IV—REPRESENTATIONS AND INSTRUCTIONS
  1. REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS
  2. INSTRS., CONDS., AND NOTICES TO OFFERORS
  3. EVALUATION FACTORS FOR AWARD

Tuberculosis Curriculum Coordinating Center
BAA NHLBI-HV-03-04

[This Solicitation, Offer, and Award is a Broad Agency Announcement, a special type of Request for Proposals or RFP. The text below in Sections B through K represents the anticipated language of a contract that would result from an award pursuant to this solicitation with information and editing as required appropriate to the successful proposal and offeror as awarded. Offerors may edit or substitute the clauses below as needed to represent their organization type and proposed contract type. Solicitation provisions and contract clauses are included below as required for negotiated acquisitions pursuant to a Request for Proposals.]

[Sample contract clauses follow below. For further guidance to fill out your proposal and/or to obtain variant clauses appropriate to your offer, see http://ocm.od.nih.gov/contracts/rfps/SAMPKT.HTM#B. This draft is based on an anticipated cost- type, completion form, performance-based, incrementally funded research and development contract. Proposals for other contract types and forms should be altered accordingly to use the appropriate clauses and language. RFP provisions and instructions may be found at: http://rcb.cancer.gov/rcb-internet/wkf/sample-contract.htm.]

SECTION B—SUPPLIES OR SERVICES AND PRICES/COSTS

ARTICLE B.1. BRIEF DESCRIPTION OF SUPPLIES OR SERVICES

This Broad Agency Announcement (BAA) will result in a Tuberculosis Curriculum Coordinating Center (TCCC) which will establish a consortium of five (5) Tuberculosis Curriculum Centers to strengthen, expand, and increase access to the best ongoing educational and training opportunities in tuberculosis (TB) for medical, nursing, and allied health schools, especially those that provide primary care to communities where TB is endemic and the population is at high risk of developing TB.

ARTICLE B.2. ESTIMATED COST

  1. The estimated cost of this contract is $

  2. Total funds currently available for payment and allotted to this contract are $____________. For further provisions on funding see the LIMITATION OF FUNDS clause referenced in Article I.2., Authorized Substitutions of Clauses.

  3. It is estimated that the amount currently allotted will cover performance of the contract through September 29, 2004.

  4. The Contracting Officer may allot additional funds to the contract without the concurrence of the contractor.

  5. Future increments to be allotted to this contract are estimated as follows:

    Period Amount
    09/30/2004-09/29/2005
    09/30/2005-09/29/2006
    09/30/2006-09/29/2007
    09/30/2007-09/29/2008
    Total

ARTICLE B.3. PROVISIONS APPLICABLE TO DIRECT COSTS

  1. Items Unallowable Unless Otherwise Provided

    Notwithstanding the clause, ALLOWABLE COST AND PAYMENT, incorporated in this contract, unless authorized in writing by the Contracting Officer, the costs of the following items or activities shall be unallowable as direct costs:

    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. (General purpose equipment is defined as any items of personal property which are usable for purposes other than research, such as office equipment and furnishings, pocket calculators, etc.);

    4. Travel to attend general scientific meetings;

    5. Patient care costs;

    6. Accountable Government property (defined as both real and personal property with an acquisition cost of $1,000 or more and a life expectancy of more than two years) and "sensitive items" (defined and listed in the Contractor's Guide for Control of Government Property, 1990), regardless of acquisition value.

  2. Travel Costs

    Domestic Travel

    1. Total expenditures for domestic travel (transportation, lodging, subsistence, and incidental expenses) incurred in direct performance of this contract shall not exceed $__________ without the prior written approval of the Contracting Officer.

    2. The Contractor shall invoice and be reimbursed for all travel costs in accordance with OMB Circular A-21.

ARTICLE B.4. ADVANCE UNDERSTANDINGS

Other provisions of this contract notwithstanding, approval of the following items within the limits set forth is hereby granted without further authorization from the Contracting Officer.

  1. [Specific elements of cost, which normally require prior written approval of the Contracting Officer before incurring the cost (e.g., foreign travel, consultant fees, subcontracts) will be included in this Article as agreed upon by both parties during negotiations.]

SECTION C—DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

ARTICLE C.1. STATEMENT OF WORK

  1. Independently, and not as an agent of the Government, the Contractor shall furnish all the necessary services, qualified personnel, material, equipment, and facilities, not otherwise provided by the Government as needed to perform the Statement of Work, Section J, Attachment 1, attached hereto and made a part of this contract.

    Contracts awarded as a result of this BAA will incorporate the Statement of Work proposed by the offeror and negotiated and accepted by the Government and shall be incorporated in Section J.

  2. The contractor shall comply with its approved Information Technology Systems Security Plan, Section J, Attachment 2, attached hereto and made a part of this contract.

ARTICLE C.2. REPORTING REQUIREMENTS

Technical Progress Reports

[In addition to the required reports set forth elsewhere in this Schedule, the preparation and submission of recurring Technical Progress Reports will be required in the contract resulting from this solicitation. These reports will require descriptive information about the activities undertaken during the reporting period and will require information about planned activities for future reporting periods. The specific content of these reports will be determined during negotiations.]

[For proposal preparation purposes only, it is estimated that copies of these reports will be required as described below. These reports are intended for use by all contractors in the program. For reports containing confidential or proprietary data, edited reports shall be submitted to the collaborating contractors and full reports, appropriately marked as to confidential data, shall be submitted to the Contracting Officer and the Project Officer.]

In addition to those reports required by the other terms of this contract, the contractor shall prepare and submit the following reports in the manner stated and in accordance with Article F.1. DELIVERIES of this contract:

Program Plan, Implementation Plan, Dissemination Plan, Milestone Schedule—A final program plan shall be submitted within 30 calendar days after contract award for review and approval. The program plan shall include the dissemination and implementation plans, and the milestone schedule with any negotiated changes. The program plan shall identify any performance concerns, critical decision points expected to result, and include a one-page graphic that reflects, by task, the key milestones. Updates to the program plan shall be submitted annually.

Abstracts and Manuscripts— Abstracts and manuscripts shall be submitted 30 calendar days after publication.

Semi-Annual Progress Reports—This report shall document and summarize all work results for the period covered. This report shall be in narrative form (2-3 pages) with sufficient detail to explain comprehensively the results achieved. The report shall identify progress made, problems encountered, a discussion of milestones met or missed, and a summary of activities planned for the next six months. The report shall also identify manuscripts in progress (submitted or published), lectures given, slides, videos, and other materials developed, and disclosure of intent to file copyright applications. Reports from the CCs and third level centers documenting their activities in these areas shall be submitted as part of the TCCC's report. The first reporting period consists of the first full six months of performance including any fractional part of the initial month. Thereafter, the reporting period shall consist of six full calendar months. A semi-annual report is not required for the period when an annual report is due.

Annual Technical Reports—This report shall document and summarize all work results for the period covered. Specifically, the report shall include:

  1. Face page to include contract number, title, period of performance being reported, Contractor's name and address, telephone and facsimile numbers, and date of submission.

  2. An executive summary, to include:

    1. A statement of intended work for the reporting period;

    2. A brief overview of the work that was completed for the reporting period;

    3. A brief overview of any problems (technical or financial) that occurred during the reporting period and their resolution or status;

    4. The advancements made in relation to any of the technical tasks or milestones set forth in the Statement of Work;

    5. A 12-month update to the Program Plan;

    6. A summary of activities planned for the next reporting period;

    7. An update to the Dissemination Plan, including dissemination made to date and plans for the next twelve months.

  3. The initial report shall be submitted for the first full twelve months of performance including any fractional part of the initial month. Annual reports thereafter shall be submitted at 12-month intervals. An annual report is not required for the period when the final report is due.

Final Technical Report—This report shall consist of the work performed and results achieved for the entire contract period of performance. This report shall be in sufficient detail to describe comprehensively the results achieved, and the final Dissemination Plan including dissemination to date. The final report shall be submitted on or before the last day of the contract performance period.

SECTION D—PACKAGING, MARKING, AND SHIPPING

The Contractor shall guarantee that all required materials be delivered in immediately usable and acceptable condition.

SECTION E—INSPECTION AND ACCEPTANCE

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

  2. For the purpose of this article the Project Officer is the authorized representative of the Contracting Officer.

  3. Inspection and acceptance will be performed at:
    National Institutes of Health
    National Heart, Lung, and Blood Institute
    Rockledge 2, Room 6104
    6701 ROCKLEDGE DR MSC 7902
    BETHESDA MD 20892-7902

    Acceptance may be presumed unless otherwise indicated in writing by the Contracting Officer or the duly authorized representative within 30 days of receipt.

  4. 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.
    FAR Clause 52.246-9, INSPECTION OF RESEARCH AND DEVELOPMENT—(SHORT FORM) (APRIL 1984).

SECTION F—DELIVERIES OR PERFORMANCE

ARTICLE F.1. DELIVERIES

Satisfactory performance of this contract shall be deemed to occur upon performance of the statement of work as set forth in Article C.1. and delivery and acceptance by the Contracting Officer, or the duly authorized representative, of the following items in accordance with the stated delivery schedule.

The items specified below as described in Section C, Article C.2. shall be delivered f.o.b. destination as set forth in FAR 52.247-35, F.O.B. DESTINATION, WITHIN CONSIGNEE'S PREMISES (APRIL 84) and in accordance with and by the date(s) specified below [and any specifications stated in Section D, PACKAGING, MARKING AND SHIPPING, of this contract]:

Item Description Delivered to: Delivery Schedule
1. Program Plan, Implementation Plan, Dissemination Plan, and Milestone Schedule Project Officer and Contracting Officer Within 30 calendar days after contract award and annually thereafter
2. Abstracts and Manuscripts Project Officer and Contracting Officer 30 calendar days after publication
3. Semi-Annual Progress Reports Project Officer and Contracting Officer On the fifteenth calendar day following completion of each 6 months of performance, except when one of the following reports is due
4. Annual Technical Reports Project Officer and Contracting Officer On the final day of each year of contract performance except when item 5 below is due
5. Final Technical Report Project Officer and Contracting Officer On the completion date of the contract.
[It may be necessary to revise this delivery schedule based on information included in the proposals received in response to the BAA.]

Deliverables shall be sent to the following addresses:

Addressee Item Quantity
Project Officer
DIVISION OF LUNG DISEASES, NHLBI
6701 ROCKLEDGE DR MSC 7952
BETHESDA MD 20892-7952
1-5 1 each
Contracting Officer
Contracts Operations Branch, DEA, NHLBI
6701 ROCKLEDGE DR, RM 6104
BETHESDA MD 20892-7902
1-5 1 each

ARTICLE F.2. STOP WORK ORDER

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.

FAR Clause 52.242-15, STOP WORK ORDER (AUGUST 1989) with ALTERNATE I (APRIL 1984).

SECTION G—CONTRACT ADMINISTRATION DATA

ARTICLE G.1. PROJECT OFFICER

The following Project Officer will represent the Government for the purpose of this contract:

[To be named]

The Project Officer is responsible for: (1) monitoring the Contractor'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 required by this contract; and (5) assisting in the resolution of technical problems encountered during performance.

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

The Contracting Officer hereby designates the Project Officer as the Contracting Officer's authorized representative responsible for signing software license agreements issued as a result of this contract. The Government may unilaterally change its Project Officer designation.

ARTICLE G.2. KEY PERSONNEL

Pursuant to the Key Personnel clause incorporated in this contract, the following individuals are considered to be essential to the work being performed hereunder:

NAME TITLE
[To be named] Program Manager
[(and others as deemed appropriate)]

ARTICLE G.3. INVOICE SUBMISSION/CONTRACT FINANCING REQUEST

Invoice/Financing Request Instructions for NIH Cost-Reimbursement Type Contracts NIH(RC)-1 (PDF format) are attached and made part of this contract. The instructions and the following directions for the submission of invoices/financing requests must be followed to meet the requirements of a "proper" payment request pursuant to FAR 32.9.

An original and two copies to the following designated billing office:

David Merrell
Contracts Specialist
Contracts Operations Branch
National Heart, Lung, and Blood Institute, NIH
Rockledge 2, Room 6104
6701 ROCKLEDGE DR MSC 7902
BETHESDA MD 20892-7902

Inquiries regarding payment of invoices should be directed to the designated billing office, (301) 435-0340.

ARTICLE G.4. LETTER OF CREDIT PAYMENT INFORMATION [Alternate]

Advance payments will be provided under Letter of Credit Number 7508_____ in accordance with Alternate V, Advance Payments Without Special Bank Account, of FAR Clause 52.232-12, Advance Payments. This clause is provided in full text in Article I.4. of this contract.

The contractor shall withdraw funds pursuant to Department of Treasury Circular 1075 (31 CFR Part 205, http://www.access.gpo.gov/nara/cfr/waisidx_00/31cfr205_00.html).

  1. Invoice/Financing Request Instructions for NIH Cost-Reimbursement Type Contracts, NIH(RC)-4 (PDF format), are attached and made a part of this contract 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. The completion and/or final invoice shall be submitted in original and two copies to the following office:

    David Merrell
    Contracts Specialist
    Contracts Operations Branch
    National Heart, Lung, and Blood Institute, NIH
    Rockledge 2, Room 6104
    6701 ROCKLEDGE DR MSC 7902
    BETHESDA MD 20892-7902

  2. Inquiries regarding payments should be directed to the following office administering advance payments:

    Division of Payment Management
    Rockwall Bldg #1 Suite 700
    1400 ROCKVILLE PIKE
    ROCKVILLE MD 20852
    http://www.dpm.psc.gov/support/contact

ARTICLE G.5. CONTRACT FINANCIAL REPORT [To be used only with Alternate G.4]

  1. Financial reports on the attached Form NIH 2706, Financial Report of Individual Project/Contract (PDF format), shall be submitted by the contractor in accordance with the Instructions for Completing Form NIH 2706, which accompany the form, in an original and two copies, not later than the 30th working day after the close of the reporting period. The line entries for subdivisions of work and elements of cost (expenditure categories) which shall be reported within the total contract are discussed in paragraph e., below. Subsequent changes and/or additions in the line entries shall be made in writing.

  2. Unless otherwise stated in that part of the Instructions for Completing Form NIH 2706, entitled "PREPARATION INSTRUCTIONS," all columns A through J shall be completed for each report submitted.

  3. The first financial report shall cover the period consisting of the first full three calendar months following the date of the contract, in addition to any fractional part of the initial month. Thereafter, reports will be on a quarterly basis.

  4. The Contracting Officer may require the contractor to submit detailed support for costs contained in one or more interim financial reports. This article does not supersede the record retention requirements in FAR Part 4.7.

  5. The listing of expenditure categories to be reported is identified in Financial Report of Individual Project/Contract, NIH 2706, Section J, Attachment 3 (PDF format), and made a part of this contract.

  6. The Government may unilaterally revise the NIH 2706 to reflect the allotment of additional funds.

ARTICLE G.6. 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:

Chief, Division of Financial Advisory Services
Office of Acquisition Management and Policy
National Institutes of Health
6100 EXECUTIVE BLVD RM 6B05 MSC7540
BETHESDA MD 20892-7540

[Additional guidance on indirect costs is available from the Division of Financial Advisory Services, Office of Acquisition Management and Policy at http://ocm.od.nih.gov/dfas/idcsubmission.htm.]

ARTICLE G.7. GOVERNMENT PROPERTY

In addition to the requirements of the clause, GOVERNMENT PROPERTY, incorporated in Section of this contract, the Contractor shall comply with the provisions of DHHS Publication, Contractor's Guide for Control of Government Property (1990), which is incorporated into this contract by reference. Among other issues, this publication provides a summary of the Contractor's responsibilities regarding purchasing authorizations and inventory and reporting requirements under the contract. This publication can be accessed at http://knownet.hhs.gov/log/contractorsguide.htm

Requests for information regarding property under this contract should be directed to the following office:

Contracts Property Administrator
Division of Personal Property Services, NIH
6011 Building, Suite 639J
6011 EXECUTIVE BLVD MSC 7670          Telephone 301-496-6466
BETHESDA MD 20892-7670                       Fax No. 301-496-8428

ARTICLE G.8. POST AWARD EVALUATION OF CONTRACTOR PERFORMANCE

  1. Contractor Performance Evaluations

    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, one interim evaluation will be performed.

    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.

  2. Electronic Access to Contractor Performance Evaluations

    Contractors that have Internet capability may access evaluations through a secure Web site for review and comment by completing the registration form that can be obtained at the following address: http://ocm.od.nih.gov/cdmp/cps_contractor.htm

    The registration process requires the contractor to identify an individual that will serve as a primary contact and who will be authorized access to the evaluation for review and comment. In addition, the contractor will be required to identify an alternate contact who will be responsible for notifying the cognizant contracting official in the event the primary contact is unavailable to process the evaluation within the required 30-day time frame.

SECTION H—SPECIAL CONTRACT REQUIREMENTS

ARTICLE H.1. REIMBURSEMENT OF COSTS FOR INDEPENDENT RESEARCH AND DEVELOPMENT PROJECTS

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 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. PRIVACY ACT

This project may involve human subjects, although it will not involve risk to study participants. Surveys administered to assess the effectiveness of the TB curriculum materials could include individually identifiable information and therefore the Privacy Act would apply. This procurement action requires the Contractor 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. Violation of the Act may involve the imposition of criminal penalties. The Privacy Act System of Records applicable to this project is Number 09-25-0220, Clinical, Epidemiology and Biometric Studies of the NIH. The Privacy Act notice can be found at: http://www.niaid.nih.gov/contract/privacy.pdf

ARTICLE H.3. OMB FORMS CLEARANCE

The Paperwork Reduction Act of 1980 encompasses Federal statistical programs, including the collection of data, authority over which was accorded to OMB under the Budget and Accounting Procedures Act of 1950. This law provides that a Federal agency shall not collect or sponsor a collection of information on identical items from 10 or more public respondents without: (1) obtaining approval from the Office of Management and Budget (OMB) for the data collection plans and instruments and for the information requirements in regulations; and (2) displaying a current OMB control number with the expiration date. If collecting research involving human subjects, either OMB forms clearance or a clinical exemption shall be obtained and an OMB control number assigned to the study. The Contractor shall not proceed with surveys or interviews until an OMB clearance for conducting interviews has been obtained by the Project Officer and the Contracting Officer has issued written approval to proceed.

ARTICLE H.4. NEEDLE EXCHANGE

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. If this is a multi-year contract, it may be subject to unilateral modifications by the Government to incorporate future DHHS appropriation acts.

Public Law FiscalYear Period
P.L. 107-116, §.505* 2003 10/01/2002-09/30/2003
* to be updated pending passage of legislation

ARTICLE H.5. CONTINUED BAN ON FUNDING OF HUMAN EMBRYO RESEARCH

Pursuant to Public Law(s) cited 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 rish 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. A multi-year contract may be subject to unilateral modification by the Government to incorporate future DHHS appropriation acts.

Additionally, in accordance with a March 4, 1997, Presidential Memorandum, Federal funds may not be used for cloning of human beings.

Public Law FiscalYear Period
P.L. 107-116,§.510* 2003 10/01/2002-09/30/2003
* to be updated pending passage of legislation

ARTICLE H.6. SALARY RATE LIMITATION LEGISLATION PROVISIONS

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 year 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.

Public Law Fiscal Year Dollar Amount of Salary
Limitation
P.L. 107-116* 2003 Executive Level I
* to be updated pending passage of legislation

Effective January 1, 2003 for contract expenditures using FY2003 funds, the Executive Level I rate is $171,900 and will remain at that level until such time as it is determined to raise the Executive Schedule annual rates. See the following web site for Executive Schedule rates of pay: FY2003 EXECUTIVE LEVEL SALARIES: http://www.opm.gov/oca/03tables/html/ex.asp.

ARTICLE H.7. INFORMATION TECHNOLOGY SYSTEMS SECURITY SPECIFICATIONS

  1. The Contractor agrees to comply with the Information Technology system security and/or privacy specifications set forth in the Statement of Work, the Computer Security Act of 1987, Office of Management and Budget (OMB) Circular A-130, Appendix III, "Security of Federal Automated Information Systems," and the DHHS Automated Information Systems Security Program Handbook (Release 2.0, dated May 1994). The Contractor further agrees to include this provision in any subcontract awarded pursuant to this prime contract.

  2. OMB A-130 is accessible via web site: http://csrc.ncsl.nist.gov/secplcy/a130app3.txt. The DHHS Automated Information Systems Security Program Handbook is accessible via web site: http://wwwoirm.nih.gov/policy/aissp.html

ARTICLE H.8. ELECTRONIC AND INFORMATION TECHNOLOGY STANDARDS

Pursuant to Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d) as amended by P.L.105-220 under Title IV (Rehabilitation Act Amendments of 1998) all Electronic and Information Technology (EIT) developed, procured, maintained and/or used under this contract shall be in compliance with the "Electronic and Information Technology Accessibility Standards" set forth by the Architectural and Transportation Barriers Compliance Board (also referred to as the "Access Board") in 36 CFR Part 1194. The complete text of Section 508 Final Standards can be accessed at http://www.access-board.gov/news/508-final.htm.

ARTICLE H.9. ENERGY STAR REQUIREMENTS

Executive Order 13123, "Greening the Government Through Efficient Energy Management" and FAR 23.203 require that when Federal Agencies acquire energy-using products, they select, where life-cycle cost-effective, and available, ENERGY STAR or other energy efficient products. Unless the Contracting Officer determines otherwise, all energy-using products acquired under this contract must be either an ENERGY STAR or other energy efficient product designated by the Department of Energy's Federal Energy Management Program (FEMP). For more information about ENERGY STAR see http://www.energystar.gov For more information about FEMP see http://www.eren.doe.gov/femp/procurement

ARTICLE H.10. PUBLICATION AND PUBLICITY

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

This project has been funded in whole or in part with Federal funds from the National Heart, Lung, and Blood Institute, National Institutes of Health, under Contract No. N01-HR-3

ARTICLE H.11. PRESS RELEASES

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. If this is a multi-year contract, it may be subject to unilateral modifications by the Government to incorporate future DHHS appropriation acts.

Public Law Fiscal Year Period
P.L. 107-116, §.507* 2003 10/01/2002-09/30/2003
* to be updated pending passage of legislation

ARTICLE H.12. 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:

Office of Inspector General
Department of Health and Human Services
TIPS HOTLINE
PO BOX 23489
WASHINGTON DC 20026-3489

ARTICLE H.13. 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:

YEAR 2000 COMPLIANCE—SERVICE INVOLVING THE USE OF INFORMATION TECHNOLOGY: The Contractor agrees that each item of hardware, software, and firmware used under this contract shall be able to accurately process date data (including, but not limited to, calculating, comparing, and sequencing) from, into, and between the twentieth and twenty-first centuries and the Year 1999 and the Year 2000 and leap year calculations.

ARTICLE H.14. ANTI -LOBBYING

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. If this is a multi-year contract, it may be subject to unilateral modifications by the Government to incorporate future DHHS appropriation acts.

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. If this is a multi-year contract, it may be subject to unilateral modifications by the Government to incorporate future DHHS appropriation acts.

Public Law and Section No. Fiscal Year Period
for a, above: P.L. 107-116, §503(a)* 2003 10/01/2002-09/30/2003
for b, above: P.L. 107-116, §503(b)* 2003 10/01/2002-09/30/2003
* to be updated pending passage of legislation

ARTICLE H.15. SUBCONTRACTING PROVISIONS

  1. Small Business Subcontracting Plan

    1. The Small Business Subcontracting Plan, Section J, Attachment 5 (PDF format), is attached hereto and made a part of this contract.

    2. The failure of any contractor or subcontractor to comply in good faith with FAR Clause 52.219-8, entitled "Utilization of Small Business Concerns" incorporated in this contract and the attached Subcontracting Plan, will be a material breach of such contract or subcontract and subject to the remedies reserved to the Government under FAR Clause 52.219-16 entitled, "Liquidated Damages-Subcontracting Plan."

  2. Subcontracting Reports

    1. The contractor shall submit the original and one (1) copy of Subcontracting Report for Individual Contracts, SF-294 in accordance with the instructions on the report as referenced in Public Law 95-507, Section 211. Regardless of the effective date of this contract, the Report shall be submitted on the following dates for the entire life of this contract:

      April 30th
      October 30th

      The Report shall be sent to the following address:

      Contracting Officer
      National Institutes of Health
      National Heart, Lung, and Blood Institute
      Rockledge 2, Room 6104
      6701 ROCKLEDGE DRIVE MSC 7902
      BETHESDA MARYLAND 20892-7902

    2. The contractor shall submit one (1) copy of Summary Subcontract Report, SF-295 in accordance with the instructions on the report as referenced in Public Law 95-507, Section 211. The Summary Subcontract Report shall be submitted annually on the following date for the entire life of this contract:

      October 30th

      The first report shall be submitted after the first full year of this contract in addition to any fractional part of the year in which this contract became effective. One copy of this report shall be sent to the Contracting Officer at the address above. One copy of this report shall be mailed to the Office of Small and Disadvantaged Business Utilization, DHHS at the following addresses:

      Office of Small and Disadvantaged Business Utilization
      Department of Health and Human Services
      Hubert H. Humphrey Bldg., Room 517-D
      200 INDEPENDENCE AVE SW
      WASHINGTON DC 20201-0004

    3. The contractor shall also send an "Information Copy" of the SF-295 to the Cognizant Commercial Representative (CMR) at the address provided by the SBA. The contractor should call SBA Headquarters in Washington, DC at (202) 606-4000, X234 for the correct address if unknown.

ARTICLE H.16. HOTEL AND MOTEL FIRE SAFETY ACT OF 1990 (P.L. 101-391)

Pursuant to Public Law 101-391, no Federal funds may be used to sponsor or fund in whole or in part a meeting, convention, conference or training seminar that is conducted in, or that otherwise uses the rooms, facilities, or services of a place of public accommodation that do not meet the requirements of the fire prevention and control guidelines as described in the Public Law. This restriction applies to public accommodations both foreign and domestic.

Public accommodations that meet the requirements can be accessed at http://www.usfa.fema.gov/applications/hotel/search.cfm.

ARTICLE H.17. ABSTRACTS AND MANUSCRIPTS

In order to balance the oversight responsibility of the National Heart, Lung, and Blood Institute (NHLBI) with the authorization provided the contractor by the Rights in Data clause of this contract, the NHLBI has established a process to review manuscripts produced under this contract. Please note that the NHLBI does not require contractors to seek the Institute's approval of manuscripts.

In order to have sufficient time to conduct a meaningful review, please provide to the Institute's Project Officer and Contracting Officer advance notice of intent to submit a manuscript for publication at least 45 days prior to submission to the publisher. The advance notice should briefly describe the plans for publication of the manuscript. Concurrently or as soon as possible following this notice, please provide the manuscript just to the Project Officer.

Any comments from the NHLBI will be provided in writing within 15 days after receipt of the manuscript by the Project Officer. Comments expressed by the NHLBI about the manuscript shall not be a cause for action under the Disputes clause of the contract by either NHLBI or the contractor, since the NHLBI does not approve manuscripts.


PART II—CONTRACT CLAUSES

SECTION I—CONTRACT CLAUSES

ARTICLE I.1. GENERAL CLAUSES FOR A NEGOTIATED COST-REIMBURSEMENT CONTRACT WITH EDUCATIONAL INSTITUTIONS—FAR 52.252-2, CLAUSES INCORPORATED BY REFERENCE (FEBRUARY 1998)

This contract incorporates the following 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 [FAR 52.252-2 (JUNE 1988)]. Also, the full text of a clause may be accessed electronically at this address: http://www.arnet.gov/far/.

  1. FEDERAL ACQUISITION REGULATION (FAR) (48 CFR CHAPTER 1) CLAUSES:

            FAR
    CLAUSE NO.
    DATE TITLE
      52.202-1 Dec 2001 Definitions
      52.203-3 Apr 1984 Gratuities (Over $100,000)
      52.203-5 Apr 1984 Covenant Against Contingent Fees (Over $100,000)
      52.203-6 Jul 1995 Restrictions on Subcontractor Sales to the Government (Over $100,000)
      52.203-7 Jul 1995 Anti-Kickback Procedures(Over $100,000)
      52.203-8 Jan 1997 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (Over $100,000)
      52.203-10 Jan 1997 Price or Fee Adjustment for Illegal or Improper Activity (Over $100,000)
      52.203-12 Jun 1997 Limitation on Payments to Influence Certain Federal Transactions (Over $100,000)
      52.204-4 Aug 2000 Printed or Copied Double-Sided on Recycled Paper (Over $100,000)
      52.209-6 Jul 1995 Protecting the Government's Interests When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment (Over $25,000)
      52.215-2 Jun 1999 Audit and Records—Negotiation (Over $100,000), Alternate II (Apr 1998)
      52.215-8 Oct 1997 Order of Precedence—Uniform Contract Format
      52.215-10 Oct 1997 Price Reduction for Defective Cost or Pricing Data
      52.215-12 Oct 1997 Subcontractor Cost or Pricing Data (Over $500,000)
      52.215-14 Oct 1997 Integrity of Unit Prices (Over $100,000)
      52.215-15 Dec 1998 Pension Adjustments and Asset Reversions
      52.215-18 Oct 1997 Reversion or Adjustment of Plans for Post-Retirement Benefits (PRB) other than Pensions
      52.215-19 Oct 1997 Notification of Ownership Changes
      52.215-21 Oct 1997 Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data—Modifications
      52.216-7 Dec 2002 Allowable Cost and Payment (Paragraph (a) is modified to delete the words "Subpart 31.2" and to add the words "Subpart 31.3")
      52.216-11 Apr 1984 Cost Contract—No Fee
      52.219-8 Oct 2000 Utilization of Small Business Concerns (Over $100,000)
      52.219-9 Jan 2002 Small Business Subcontracting Plan (Over $500,000)
      52.219-16 Jan 1999 Liquidated Damages—Subcontracting Plan (Over $500,000)
      52.222-2 Jul 1990 Payment for Overtime Premium (Over $100,000) (Note: The dollar amount in paragraph (a) of this clause is $0 unless otherwise specified in the contract.)
      52.222-3 Aug 1996 Convict Labor
      52.222-26 Apr 2002 Equal Opportunity
      52.222-35 Dec 2001 Affirmative Action for Special Disabled Veterans, Veterans of the Vietnam Era, and and Other Eligible Veterans
      52.222-36 Jun 1998 Affirmative Action for Workers with Disabilities
      52.222-37 Dec 2001 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and and Other Eligible Veterans
      52.223-6 May 2001 Drug-Free Workplace
      52.223-14 Oct 2000 Toxic Chemical Release Reporting
      52.225-1 May 2002 Buy American Act—Balance of Payments Program—Supplies
      52.225-13 Jul 2000 Restrictions on Certain Foreign Purchases
      52.227-1 Jul 1995 Authorization and Consent, Alternate I (Apr 1984)
      52.227-2 Aug 1996 Notice and Assistance Regarding Patent and Copyright Infringement (Over $100,000)
      52.227-11 Jun 1997 Patent Rights—Retention by the Contractor (Short Form) (Note: In accordance with FAR 27.303(a)(2), paragraph (f) is modified to include the requirements in FAR 27.303(a)(2)(i) through (iv). The frequency of reporting in (i) is annual
      52.232-9 Apr 1984 Limitation on Withholding of Payments
      52.232-17 Jun 1996 Interest (Over $100,000)
      52.232-20 Apr 1984 Limitation of Cost
      52.232-23 Jan 1986 Assignment of Claims
      52.232-25 Feb 2002 Prompt Payment
      52.232-34 May 1999 Payment by Electronic Funds Transfer—Other Than Central Contractor Registration
      52.233-1 Jul 2002 Disputes
      52.233-3 Aug 1996 Protest After Award, Alternate I (Jun 1985)
      52.242-1 Apr 1984 Notice of Intent to Disallow Costs
      52.242-4 Jan 1997 Certification of Final Indirect Costs
      52.242-13 Jul 1995 Bankruptcy (Over $100,000)
      52.244-2 Aug 1998 Subcontracts, Alternate II (Aug 1998) *If written consent to subcontract is required, the identified subcontracts are listed in Article B.4., Advance Understandings
      52.244-5 Dec 1996 Competition in Subcontracting (Over $100,000)
      52.245-5 Jan 1986 Government Property (Cost-Reimbursement, Time and Material, or Labor-Hour Contract), Alternate I (Jul 1985)
      52.246-23 Feb 1997 Limitation of Liability (Over $100,000)
      52.249-5 Sep 1996 Termination for the Convenience of the Government (Educational and Other Nonprofit Institutions)
      52.253-1 Jan 1991 Computer Generated Forms

  2. DEPARTMENT OF HEALTH AND HUMAN SERVICES ACQUISITION REGULATION (HHSAR) (48 CFR CHAPTER 3) CLAUSES:

         HHSAR
    CLAUSE NO.
    DATE TITLE
      352.202-1 Jan 2001 Definitions—with Alternate paragraph (h) (Jan 2001)
      352.216-72 Oct 1990 Additional Cost Principles
      352.228-7 Dec 1991 Insurance—Liability to Third Persons
      352.232-9 Apr 1984 Withholding of Contract Payments
      352.233-70 Apr 1984 Litigation and Claims
      352.242-71 Apr 1984 Final Decisions on Audit Findings
      352.249-14 Apr 1984 Excusable Delays
      352.270-5 Apr 1984 Key Personnel
      352.270-6 Jul 1991 Publication and Publicity
      352.270-7 Jan 2001 Paperwork Reduction Act

ARTICLE I.2. AUTHORIZED SUBSTITUTIONS OF CLAUSES:
[Any authorized substitutions and/or modifications other than the General Clauses which will be based on the type of contract/Contractor will be determined during negotiations.It is expected that the following clause(s) will be made part of the resultant contract:]

ARTICLE I.1. of this Section is hereby modified as follows:

FAR Clause 52.232-20, LIMITATION OF COST (APRIL 1984), is deleted in its entirety and FAR Clause 52.232-22, LIMITATION OF FUNDS (APRIL 1984), is substituted therefor.

ARTICLE I.3. ADDITIONAL CONTRACT CLAUSES
[Additional clauses other than those listed below which are based on the type of contract/Contractor shall be determined during negotiations. Any contract awarded from this solicitation will contain the following:]

This contract incorporates the following clauses by reference, (unless otherwise noted), 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.

  1. FEDERAL ACQUISITION REGULATION (FAR) (48 CFR CHAPTER 1) CLAUSES

    1. FAR 52.216-15, Predetermined Indirect Cost Rates (APRIL 1998).

    2. FAR 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JANUARY 1999).
      "(c) Waiver of evaluation preference.....
          [   ] Offeror elects to waive the evaluation preference."

    3. FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (MAY 2001), ALTERNATE I (OCTOBER 1998).

    4. FAR 52.223-5, Pollution Prevention and Right-to-Know Information (APRIL 1998).

    5. FAR 52.224-1, Privacy Act Notification (APRIL 1984).

    6. FAR 52.224-2, Privacy Act (APRIL 1984).

    7. FAR 52.227-14, Rights in Data—General (JUNE 1987), Alternate IV (JUNE 1987).

    8. FAR 52.227-17, Rights in Data—Special Works (JUNE 1987).

    9. FAR 52.230-5, Cost Accounting Standards—Educational Institution (APRIL 1998).

    10. FAR 52.230-6, Administration of Cost Accounting Standards (NOVEMBER 1999).

    11. FAR 52.242-3, Penalties for Unallowable Costs (OCTOBER 1995).

    12. FAR 52.243-2,Changes—Cost Reimbursement (AUGUST 1987), Alternate V (APRIL 1984).

  2. DEPARTMENT OF HEALTH AND HUMAN SERVICES ACQUISITION REGULATIONS/PUBLIC HEALTH SERVICE ACQUISITION REGULATIONS (PHSAR) (48 CFR CHAPTER 3) CLAUSES:

    This contract incorporates the following 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.

    1. HHSAR 352.270-1, Accessibility of Meetings, Conferences, and Seminars to Persons with Disabilities (JANUARY 2001).

    2. HHSAR 352.270-8, Protection of Human Subjects (JANUARY 2001).
      Note: The Office for Human Research Protections (OHRP), Office of the Secretary (OS), Department of Health and Human Services (DHHS) is the office responsible for oversight of the Protection of Human subjects and should replace Office for Protection from Research Risks (OPRR), National Institutes of Health (NIH) wherever it appears in this clause.

  3. NATIONAL INSTITUTES OF HEALTH (NIH) RESEARCH CONTRACTING (RC) CLAUSES:

    The following clause(s) are attached and made a part of this contract:

    NIH(RC)-7, Procurement of Certain Equipment (APRIL 1984) (OMB Bulletin 81-16).

ARTICLE I.4. ADDITIONAL FAR CONTRACT CLAUSES INCLUDED IN FULL TEXT
[Additional clauses other than those listed below which are based on the type of contract/Contractor shall be determined during negotiations. Any contract awarded from this solicitation will contain the following:]

  1. ALTERNATE V, ADVANCE PAYMENT WITHOUT SPECIAL ACCOUNT (MAY 2001), ALTERNATE II (MAY 2001), and ALTERNATE IV (APRIL 1984), of FAR Clause 52.232-12, ADVANCE PAYMENTS (MAY 2001).

    1. Requirements for payment. Advance payments will be made under this contract (1) upon submission of properly certified invoices or vouchers by the contractor, and approval by the administering office, or (2) under a letter of credit. The amount of the invoice or voucher submitted plus all advance payments previously approved shall not exceed $ NA. If a letter of credit is used, the contractor shall withdraw cash only when needed for disbursements acceptable under this contract and report cash disbursements and balances as required by the administering office. The contractor shall apply terms similar to this clause to any advance payments to subcontractors.

    2. Use of funds. The contractor may use advance payment funds only to pay for properly allocable, allowable, and reasonable costs for direct materials, direct labor, and indirect costs. Determinations of whether costs are properly allocable, allowable, and reasonable shall be in accordance with generally accepted accounting principles, subject to any applicable subparts of Part 31 of the Federal Acquisition Regulation.

    3. Repayment to the Government. At any time, the contractor may repay all or any part of the funds advanced by the Government. Whenever requested in writing to do so by the administering office, the contractor shall repay to the Government any part of unliquidated advance payments considered by the administering office to exceed the contractor's current requirements or the amount specified in paragraph (a) of this clause.

    4. Maximum payment. When the sum of all unliquidated advance payments, unpaid interest charges, and other payments equal the total estimated cost amount (not including fixed-fee, if any) for the work under this contract, the Government shall withhold further payments to the contractor. Upon completion or termination of the contract, the Government shall deduct from the amount due to the contractor all unliquidated advance payments and interest charges payable. The contractor shall pay any deficiency to the Government upon demand. For purposes of this paragraph, the estimated cost shall be considered to be the stated estimated cost, less any subsequent reductions of the estimated cost, plus any increases in the estimated costs that do not, in the aggregate, exceed the total estimated contract amount. The estimated cost shall include, without limitation, any reimbursable cost (as estimated by the Contracting Officer) incident to a termination for the convenience of the Government. Any payments withheld under this paragraph shall be applied to reduce the unliquidated advance payments. If full liquidation has been made, payments under the contract shall resume.

    5. Interest. No interest shall be charged to the prime contractor for advance payments except for interest charged during a period of default. The terms of this paragraph concerning interest charges for advance payments shall not apply to the prime contractor.
      1. The contractor shall pay interest to the Government on the daily unliquidated advance payments at the daily rate in subparagraph (e)(3) of this clause. Interest shall be computed at the end of each calendar month for the actual number of days involved. For the purpose of computing the interest charge—
        1. Advance payments shall be considered as increasing the unliquidated balance as of the date of the advance payment check;
        2. Repayments by contractor check shall be considered as decreasing the unliquidated balance as of the date on which the check is received by the Government authority designated by the Contracting Officer; and
        3. Liquidations by deductions from Government payments to the contractor shall be considered as decreasing the unliquidated balance as of the date of the check for the reduced payment.
      2. Interest charges resulting from the monthly computation shall be deducted from payments, other than advance payments, due the contractor. If the accrued interest exceeds the payment due, any excess interest shall be carried forward and deducted from subsequent payments. Interest carried forward shall not be compounded. Interest on advance payments shall cease to accrue upon satisfactory completion or termination of the contract for the convenience of the Government. The contractor shall charge interest on advance payments to subcontractors in the manner described above and credit the interest to the Government. Interest need not be charged on advance payments to nonprofit educational or research subcontractors, for experimental, developmental, or research work.
      3. If interest is required under the contract, the Contracting Officer shall determine a daily interest rate based on the rate established by the Secretary of the Treasury under Pub. L. 92-41 (50 U.S.C. App., 1215(b)(2)). The Contracting Officer shall revise the daily interest rate during the contract period in keeping with any changes in the cited interest rate.
      4. If the full amount of interest charged under this paragraph has not been paid by deduction or otherwise upon completion or termination of this contract, the contractor shall pay the remaining interest to the Government on demand.

    6. Lien on property under contract. (1) All advance payments under this contract, together with interest charges, shall be secured, when made, by a lien in favor of the Government, paramount to all other liens, on the supplies or other things covered by this contract and on all material and other property acquired for or allocated to the performance of this contract, except to the extent that the Government by virtue of any other terms of this contract, or otherwise, shall have valid title to the supplies, materials, or other property as against other creditors of the contractor.
      1. The contractor shall identify, by marking or segregation, all property that is subject to a lien in favor of the Government by virtue of any terms of this contract in such a way as to indicate that it is subject to a lien and that it has been acquired for or allocated to performing this contract. If, for any reason, the supplies, materials, or other property are not identified by marking or segregation, the Government shall be considered to have a lien to the extent of the Government's interest under this contract on any mass of property with which the supplies, materials, or other property are commingled. The contractor shall maintain adequate accounting control over the property on its books and records.
      2. If, at any time during the progress of the work on the contract, it becomes necessary to deliver to a third person any items or materials on which the Government has a lien, the contractor shall notify the third person of the lien and shall obtain from the third person a receipt in duplicate acknowledging the existence of the lien. The contractor shall provide a copy of each receipt to the Contracting Officer.
      3. If, under the termination clause, the Contracting Officer authorizes the contractor to sell or retain termination inventory, the approval shall constitute a release of the Government's lien to the extent that—
        1. The termination inventory is sold or retained; and
        2. The sale proceeds or retention credits are applied to reduce any outstanding advance payments.

    7. Insurance. (1) The contractor shall maintain with responsible insurance carriers—
        1. Insurance on plant and equipment against fire and other hazards, to the extent that similar properties are usually insured by others operating plants and properties of similar character in the same general locality;
        2. Adequate insurance against liability on account of damage to persons or property; and
        3. Adequate insurance under all applicable workers' compensation laws.
      1. Until work under this contract has been completed and all advance payments made under the contract have been liquidated, the contractor shall—
        1. Maintain this insurance;
        2. Maintain adequate insurance on any materials, parts, assemblies, subassemblies, supplies, equipment, and other property acquired for or allocable to this contract and subject to the Government lien under paragraph (f) of this clause; and
        3. Furnish any evidence with respect to its insurance that the administering office may require

    8. Default. (1) If any of the following events occur, the Government may, by written notice to the contractor, withhold further payments on this contract:
        1. Termination of this contract for a fault of the contractor.
        2. A finding by the administering office that the contractor has failed to—
          1. Observe any of the conditions of the advance payment terms;
          2. Comply with any material term of this contract;
          3. Make progress or maintain a financial condition adequate for performance of this contract;
          4. Limit inventory allocated to this contract to reasonable requirements; or
          5. Avoid delinquency in payment of taxes or of the costs of performing this contract in the ordinary course of business.
        3. The appointment of a trustee, receiver, or liquidator for all or a substantial part of the contractor's property, or the institution of proceedings by or against the contractor for bankruptcy, reorganization, arrangement, or liquidation.
        4. The commission of an act of bankruptcy.
      1. If any of the events described in subparagraph (h)(1) of this clause continue for thirty days after the written notice to the contractor, the Government may take any of the following additional actions:
        1. Charge interest, in the manner prescribed in paragraph (e) of this clause, on outstanding advance payments during the period of any event described in subparagraph (h)(1) of this clause.
        2. Demand immediate repayment by the contractor of the unliquidated balance of advance payments.
        3. Take possession of and, with or without advertisement, sell at public or private sale all or any part of the property on which the Government has a lien under this contract and, after deducting any expenses incident to the sale, apply the net proceeds of the sale to reduce the unliquidated balance of advance payments or other Government claims against the contractor.
      2. The Government may take any of the actions described in subparagraphs (h)(1) and (h)(2) of this clause it considers appropriate at its discretion and without limiting any other rights of the Government.

    9. Prohibition against assignment. Notwithstanding any other terms of this contract, the contractor shall not assign this contract, any interest therein, or any claim under the contract to any party.

    10. Information and access to records. The contractor shall furnish to the administering office (1) monthly or at other intervals as required, signed or certified balance sheets and profit and loss statements, and, (2) if requested, other information concerning the operation of the contractor's business. The contractor shall provide the authorized Government representatives proper facilities for inspection of the contractor's books, records, and accounts.

    11. Other security. The terms of this contract are considered to provide adequate security to the Government for advance payments; however, if the administering office considers the security inadequate, the contractor shall furnish additional security satisfactory to the administering office, to the extent that the security is available.

    12. Representations. The contractor represents the following:
      1. The balance sheet, the profit and loss statement, and any other supporting financial statements furnished to the administering office fairly reflect the financial condition of the contractor at the date shown or the period covered, and there has been no subsequent materially adverse change in the financial condition of the contractor.
      2. No litigation or proceedings are presently pending or threatened against the contractor, except as shown in the financial statements.
      3. The contractor has disclosed all contingent liabilities, except for liability resulting from the renegotiation of defense production contracts, in the financial statements furnished to the administering office.
      4. None of the terms in this clause conflict with the authority under which the contractor is doing business or with the provision of any existing indenture or agreement of the contractor.
      5. The contractor has the power to enter into this contract and accept advance payments, and has taken all necessary action to authorize the acceptance under the terms of this contract.
      6. The assets of the contractor are not subject to any lien or encumbrance of any character except for current taxes not delinquent, and except as shown in the financial statements furnished by the contractor. There is no current assignment of claims under any contract affected by these advance payment provisions.
      7. All information furnished by the contractor to the administering office in connection with each request for advance payments is true and correct.
      8. These representations shall be continuing and shall be considered to have been repeated by the submission of each invoice for advance payments.

    13. Covenants. To the extent the Government considers it necessary while any advance payments made under this contract remain outstanding, the contractor, without the prior written consent of the administering office, shall not—
      1. Mortgage, pledge, or otherwise encumber or allow to be encumbered, any of the assets of the contractor now owned or subsequently acquired, or permit any pre-existing mortgages, liens, or other encumbrances to remain on or attach to any assets of the contractor which are allocated to performing this contract and with respect to which the Government has a lien under this contract;
      2. Sell, assign, transfer, or otherwise dispose of accounts receivable, notes, or claims for money due or to become due;
      3. Declare or pay any dividends, except dividends payable in stock of the corporation, or make any other distribution on account of any shares of its capital stock, or purchase, redeem, or otherwise acquire for value any of its stock, except as required by sinking fund or redemption arrangements reported to the administering office incident to the establishment of these advance payment provisions;
      4. Sell, convey, or lease all or a substantial part of its assets;
      5. Acquire for value the stock or other securities of any corporation, municipality, or Governmental authority, except direct obligations of the United States;
      6. Make any advance or loan or incur any liability as guarantor, surety, or accommodation endorser for any party;
      7. Permit a writ of attachment or any similar process to be issued against its property without getting a release or bonding the property within thirty days after the entry of the writ of attachment or other process;
      8. Pay any remuneration in any form to its directors, officers, or key employees higher than rates provided in existing agreements of which notice has been given to the administering office, accrue excess remuneration without first obtaining an agreement subordinating it to all claims of the Government, or employ any person at a rate of compensation over the Salary Rate Limitation article;
      9. Change substantially the management, ownership, or control of the corporation;
      10. Merge or consolidate with any other firm or corporation, change the type of business, or engage in any transaction outside the ordinary course of the contractor's business as presently conducted;
      11. Deposit any of its funds except in a bank or trust company insured by the Federal Deposit Insurance Corporation or a credit union insured by the National Credit Union Administration;
      12. Create or incur indebtedness for advances, other than advances to be made under the terms of this contract, or for borrowings;
      13. Make or covenant for capital expenditures exceeding $ 0 total;
      14. Permit its net current assets, computed in accordance with generally accepted accounting principles, to become less than $ 0 ; or
      15. Make any payments on account of the obligations listed below, except in the manner and to the extent provided in this contract: NA

  2. FAR Clause 52.244-6, SUBCONTRACTS FOR COMMERCIAL ITEMS AND COMMERCIAL COMPONENTS (MAY 2001)

    1. Definitions. As used in this clause—
      Commercial item has the meaning contained in the clause at 52.202-1, Definitions.
      Subcontract includes a transfer of commercial items between divisions, subsidiaries, or affiliates of the Contractor or subcontractor at any tier.

    2. To the maximum extent practicable, the Contractor shall incorporate, and require its subcontractors at all tiers to incorporate, commercial items or nondevelopmental items as components of items to be supplied under this contract.

    3. (1) The following clauses shall be flowed down to subcontracts for commercial items:
        1. 52.219-8, Utilization of Small Business Concerns (OCT 2000) (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 $500,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
        2. 52.222-26, Equal Opportunity (FEB 1999) (E.O. 11246)
        3. 52.222-35, Affirmative Action for Disabled Veterans and Veterans of the Vietnam Era (APR 1998) (38 U.S.C. 4212(a)).
        4. 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29 U.S.C. 793).
        5. 52.247-64, Preference for Privately Owned U.S.-Flagged Commercial Vessels (JUN 2000) (46 U.S.C. Appx 1241) (flowdown not required for subcontracts awarded beginning May 1, 1996).
      1. While not required, the Contractor may flow down to subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
    4. The Contractor shall include the terms of this clause, including this paragraph (d), in subcontracts awarded under this contract.


PART III

SECTION J—LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

The following documents are attached and incorporated in this contract:

  1. Statement of Work dated
  2. Information Technology Systems Security Plan dated
  3. Invoice/Financing Request Instructions for NIH Cost-Reimbursement Type Contracts, NIH(RC)-1 (5/97), by reference to http://ocm.od.nih.gov/contracts/pdfs/rc1.pdf. OR
    Invoice/Financing Request and Contract Financial Reporting Instructions for NIH Cost-Reimbursement Type Contracts, NIH(RC)-4, (5/97), by reference to http://ocm.od.nih.gov/contracts/pdfs/nihrc4.pdf
  4. Procurement of Certain Equipment, NIH(RC)-7, by reference to http://ocm.od.nih.gov/contracts/rfps/nihrc7.htm.
  5. Small Business Subcontracting Plan (PDF format) dated


PART IV

SECTION K—REPRESENTATIONS AND CERTIFICATIONS

The following documents are incorporated by reference in this contract:

REPRESENTATIONS AND CERTIFICATIONS

The representations and certifications at http://ocm.od.nih.gov/contracts/pdfs/rcneg.pdf must be completed, signed, and submitted as part of your business proposal. Please obtain this document as close as possible to proposal submission to ensure use of up to date clauses and provisions.

SECTION L—INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

This section of the BAA consists of the following subsections: I. Project Description, II. Specific BAA Instructions and Provisions, and III. General Instructions and Provisions.

  1. PROJECT DESCRIPTION

    1. Project Description/Rationale For Project

      This Broad Agency Announcement (BAA) will result in a Tuberculosis Curriculum Coordinating Center (TCCC) which will establish a consortium of five (5) Tuberculosis Curriculum Centers (CCs) to strengthen, expand, and increase access to the best ongoing educational and training opportunities in tuberculosis for medical, nursing, and allied health schools, especially those that provide primary care to communities where TB is endemic and the population is at high risk of developing tuberculosis (TB).

    2. Statement of Work For Solicitation Purposes

      The contract awarded as a result of this BAA will incorporate the Statement of Work proposed by the offeror and negotiated and accepted by the Government. The following description of technical requirements, required objectives, and desired results is included in the BAA to assist offerors in the preparation of their proposals.

      1. General Description of the Objectives and Desired Results

        The objective of the Consortium will be to strengthen, expand, increase access to, and implement the best ongoing educational and training opportunities in tuberculosis for use by faculty, students, affiliated house staff, and practicing health care professionals at medical, nursing, and allied health schools; especially those that provide primary care to communities where TB is endemic and the population is at high risk of developing TB.

        The TCCC will coordinate all the activities of the Consortium and assume ultimate responsibility for the materials developed by the Consortium. It will also develop and maintain a website; disseminate, via the website and through other means, TB curriculum materials and patient and community information in multiple languages; assess the quality of the TB curriculum materials; and obtain Office of Management and Budget (OMB) forms clearance as needed. The CC medical and health professional school faculty members, who are tuberculosis, media and education experts, will work in a collaborative effort with the TCCC to 1) analyze current TB education materials, 2) modify and adapt these materials to the needs of the schools, 3) develop new materials and tools, 4) implement the curriculum at the schools, and 5) develop and test survey instruments.

        The program will result in web-based access, on an open-source server, to educational and training curricula produced by the Consortium. The web-based curricula will be the result of a highly collaborative and integrated effort among the TB Consortium participants, utilize state-of-the-art technology for distant learning, and be a primary source for all educational and training material generated under this program. This program should complement and integrate existing web-based TB curricula. The TCCC will pursue Continuous Medical Education (CME) and Continuous Educational Units (CEU) accreditation for training completed via the website and other venues.

      2. Background Information

        Tuberculosis continues to be a worldwide health problem, it is contagious and can be difficult to diagnose and treat. Tuberculosis frequently complicates the course of HIV disease. Dual infection accelerates the progression of both diseases, leading to increased mortality. An estimated two billion people are infected with Mycobacterium tuberculosis worldwide. In many high-burden areas inadequate treatment of TB has led to the widespread emergence of drug-resistant strains. Approximately two to three million deaths per year are attributed to TB, a disease that when properly managed usually responds well to treatment.

        In calendar year 2000, the number of new tuberculosis cases in the U.S. dropped to an all-time low of 16,377. However, tuberculosis continues to be a health threat in the U.S., and in some states the number of cases is increasing, especially within high-risk communities such as immigrants from countries where tuberculosis is endemic, inner-city communities, drug users, Native American communities, correctional and other institutional facilities, as well as homeless individuals. For example, in Alaska case rates increased from 9.9 cases per 100,000 people in 1999 to 17.2 cases per 100,000 in 2000.

        Tuberculosis continues to be a disease that disproportionately affects minorities, the foreign-born (from high incidence areas), the elderly, and the poor. Disparities between rates for African Americans(16.8% of year 2000 cases), Hispanics (12.4%), American Indian/ Alaskan Natives (11.8%), Asian/Pacific Islanders (35.3%), and Caucasians (2.2%) are striking; in fact our declining tuberculosis case rates largely reflect a reduction in disease incidence among U.S.-born Caucasian persons. The foreign-born comprise a growing proportion of U.S. cases (>46% of cases in 2000), representing a new challenge that reflects the ongoing epidemic of tuberculosis beyond our borders. Furthermore, drug resistance resulting from improper management of cases remains a significant medical and public health problem.

        The appropriate recognition and management of tuberculosis infection and disease in the U.S. today requires clinical expertise as well as specialized understanding of related and complex social, cultural, medical, and legal issues that impact patient and public health. Yet, as tuberculosis has become less prevalent in our mainstream society, education of health providers about these issues has not kept up with the need. Curricula in U.S. medical, nursing, and allied health professional schools have progressively been reduced and fragmented in the content of tuberculosis materials, training a generation of physicians and health workers who are poorly equipped to meet current and future health care and public health challenges. The need for improved tuberculosis education is highlighted as a priority by the Institute of Medicine in its recent report Ending Neglect: The Elimination of Tuberculosis in the United States at http://www4.nas.edu/onpi/webextra.nsf/web/web_extra_tuberculosis?OpenDocument

        NHLBI's TBAA program has provided funds to individual investigators to implement TB curriculum at their institutions. TBAA recipients are located at 25 of the 125 medical schools in the U.S. The TBAA program has produced a number of diversified educational products such as audiovisual presentations that are designed to inform medical students, medical health staff, and TB patients in at-risk populations about TB and its prevention and treatment. These educational products may be proposed for inclusion as part of existing TB material to be reviewed under this proposed project.

      3. Detailed Description of the Technical Requirements

        The Consortium, consisting of a maximum of thirty-one (31) participating sites, will have a pyramidical structure with the Tuberculosis Curriculum Coordinating Center (TCCC) at the top level, five institutions of higher learning called Curriculum Centers (CCs) at the second level, and at the third level, as existing or proposed partners working with each CC, up to five medical, nursing, and/or allied health schools. It is also possible to partner with non-profit institutions that have a mission in health education or health service to underserved populations. The TCCC may also serve as one of the CCs. In order to increase access to the best ongoing educational and training opportunities in tuberculosis, and to expand on the success of the TBAAs, this program will involve an increased number of medical, nursing, and allied health schools and non-profit institutions that have a mission in health education or health service to underserved populations. Therefore, to foster increased access to these educational and training opportunities, the Consortium may include no more than three (3) former TBAA institutions.

        The TCCC must demonstrate existing or proposed working relationships with five institutions of higher learning (CCs) and each CC, in turn, must demonstrate existing or proposed working relationships with up to five additional institutions (third level), some of which may serve populations that are at high risk of developing TB.

        The TCCC Principal Investigator must be a physician with documented expertise in TB and in the care and treatment of patients with TB. The TCCC Principal Investigator must also possess leadership skills as demonstrated through interaction with faculty members and investigators from multiple sites. Each CC and third level institution must identify a principal investigator and describe in detail access to faculty with TB expertise and an academic appointment at a level sufficient to exert influence on curriculum preparation and coordination.

        The proposal must include a program plan, implementation plan, dissemination plan, and milestone schedule.

      The types of activities expected of the TCCC include but are not limited to:

      • Coordinate the activities of the Consortium, and assume ultimate responsibility for the materials developed by the Consortium.

      • Prepare agendas, coordinate and manage annual meetings and monthly conference calls, as well as unexpected meetings of the Consortium.

      • Develop and maintain a TB website for placement of the core curricula and related materials; this web-based curricula, being the result of a highly collaborative and integrated effort among Consortium participants, will utilize state-of-the-art technology for distant learning and be a primary source for all educational and training materials generated under this program. It should complement and integrate existing web-based curricula materials.

      • Disseminate the TB curriculum materials on the TB website and through other formats.

      • Obtain CME, CEU, and other forms of accreditation to provide an avenue for practicing health professionals to maintain their proficiency in tuberculosis.

      • Obtain Office of Management and Budget (OMB) forms clearance.

      • Define TB competencies, and identify and address tuberculosis curriculum deficiencies and needs in medical, nursing, and allied health schools.

      The types of activities expected of the CCs and third level institutions, working in a collaborative effort with the TCCC, include but are not limited to:

      • Review existing TB educational materials, eliminate outdated materials, and adapt the materials to the needs of the various health education institutions that serve high-risk communities and to the cultural and specific needs of targeted communities.

      • Define competencies for various educational levels.

      • Develop new materials and tools as needed.

      • Assist in the preparation of forms to obtain Office of Management and Budget (OMB) clearance.

      • Implement the curriculum not only in schools in at-risk areas, but also in areas where the risk of TB is low.

      • Assist in the dissemination of TB curriculum materials on the TB website and through other formats.

      • Develop and test survey instruments for monitoring the quality and effectiveness of the TB curriculum program.

      • Participate in monthly conference calls and provide progress updates.

        In addition to the above activities, the third level institutions will test, evaluate, and implement the TB curriculum. Therefore, each third level institution must have one or more faculty members with expertise in TB, TB education, distant learning, and other media training formats.

      1. Special Requirements

        This acquisition will be limited to the United States and its territories and possessions. It is essential that the TCCC be a U.S. institution because the intent of the program is to influence the TB curriculum at medical, nursing, and allied health schools in the U.S. Subcontracting arrangements with foreign institutions will be considered.

  2. SPECIFIC BAA INSTRUCTIONS AND PROVISIONS

    The following specific BAA Instructions and Provisions apply to this Broad Agency Announcement:

    1. Proposal Intent Response Sheet (submit by February 28, 2003)

    2. Packaging and Delivery of the Proposal

    3. Information Technology Systems Security Plan


  1. PROPOSAL INTENT RESPONSE SHEET

    BAA No. NHLBI-HR-03-04

    TITLE OF BAA: Tuberculosis Curriculum Coordinating Center

    If you intend to submit a proposal, please FURNISH THE INFORMATION REQUESTED BELOW AND RETURN THIS PAGE BY February 28, 2003. YOUR EXPRESSION OF INTENT IS NOT BINDING BUT WILL ASSIST U.S. IN PLANNING FOR PROPOSAL EVALUATION.



    COMPANY/INSTITUTION NAME:


    ADDRESS:





    PROJECT DIRECTOR'S NAME:

    TITLE:

    TELEPHONE NUMBER:

    NAMES OF COLLABORATING INSTITUTIONS AND INVESTIGATORS
    (include Subcontractors and Consultants):










    RETURN TO:

    Review Branch
    NIH, NHLBI
    Attention: Anne Clark                                                                           FAX (301) 480-0730
    6701 ROCKLEDGE DR MSC 7924
    BETHESDA MD 20892-7924


  1. PACKAGING AND DELIVERY OF THE PROPOSAL

    Your proposal shall be organized as specified in the "Standard RFP Instructions and Provisions." Shipment and marking shall be as follows:

    EXTERNAL PACKAGE MARKING
    In addition to the address cited below, mark each package as follows:

    "BAA NO. NHLBI-HR-03-04"
    "TO BE OPENED BY AUTHORIZED GOVERNMENT PERSONNEL ONLY"

    The numbers of copies required of each part of your proposal are:
    TECHNICAL PROPOSAL: ORIGINAL* AND Twenty-five (25) COPIES
    BUSINESS PROPOSAL: ORIGINAL* AND Four (4) COPIES

    DELIVER PROPOSAL TO:

    Review Branch, Division of Extramural Affairs
    National Heart, Lung, and Blood Institute, NIH
    Rockledge 2, Room 7091
    6701 ROCKLEDGE DR MSC 7924
    BETHESDA MD 20892-7924

    Due to post 9/11 security measures, DELIVERIES WILL ONLY BE ACCEPTED BY U.S. POSTAL SERVICE OR COMMERCIAL COURIER SERVICES SUCH AS UPS, FEDEX, HDL, ETC. Proposals delivered in person may or may not be accepted.

    *THE ORIGINAL PROPOSAL MUST BE READILY ACCESSIBLE FOR DATE STAMPING. IN ADDITION, EVERY SEPARATELY BOUND VOLUME MUST CONTAIN THE ORGANIZATION'S NAME, ADDRESS, AND BAA NUMBER


  1. INFORMATION TECHNOLOGY SYSTEMS SECURITY PLAN

    1. This project involves a "general support system" as defined under OMB Circular A-130—Management of Federal Information Resources: Appendix III—Security of Federal Automated Information Resources. A "general support system" is an interconnected set of information resources under the same direct management control which share common functionality. A system normally includes hardware, software, information, data, applications, communications, and people. A system can be, for example, a local area network, an agency-wide backbone, a communications network, a departmental data processing center, or a shared information processing service organization.

    2. The proposal shall present a detailed outline of a proposed information technology application/systems security plan which complies with the requirements set forth below and in the Statement of Work, the Computer Security Act of 1987, Office of Management and Budget (OMB) Circular A-130—Management of Federal Information Resources: Appendix III—Security of Federal Automated Information Systems, and the DHHS Automated Information Systems Security Program Handbook (Release 2.0, dated May, 1994) (http://wwwoirm.nih.gov/policy/aissp.html). The information technology application/systems security plan shall be prepared and submitted using the NIH Application/SystemsSecurity Template (http://irm.cit.nih.gov/security/secplantemp.html). The proposal shall also present similar information for any subcontract proposed, as applicable.

    3. The following table identifies the security levels which offerors must use to prepare their systems security plan. Additional information can be found in the NIH Applications/Systems Security Plan Template at Section 11.A. Information Sensitivity and Criticality Assessment.

      Information
      Type
      Confidentiality
      (High, Medium,
      Low)
      Integrity
      (High, Medium,
      Low)
      Availability
      (High, Medium,
      Low)
      Administrative      
      Financial      
      Grant/Contract      
      Patient      
      Proprietary Low Low Low
      Research      
      Privacy Act Low Low Low
      Other (specify)      

  1. GENERAL INSTRUCTIONS AND PROVISIONS

    1. General Information

      1. INSTRUCTIONS TO OFFERORS—COMPETITIVE ACQUISITION [FAR Clause 52.215-1 (May 2001)]

        1. Definitions. As used in this provision—
          "Discussions" are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer's discretion, result in the offeror being allowed to revise its proposal.
          "In writing," "writing," or "written" means any worded or numbered expression that can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.
          "Proposal modification" is a change made to a proposal before the solicitation's closing date and time or made in response to an amendment, or made to correct a mistake at any time before award.
          "Proposal revision" is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations.
          "Time," if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.

        2. Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).

        3. Submission, modification, revision, and withdrawal of proposals. (1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror. Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.
          1. The first page of the proposal must show—
            1. The solicitation number;
            2. The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available);
            3. A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;
            4. Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror's behalf with the Government in connection with this solicitation; and
            5. Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing office.
          2. Submission, modification, revision, and withdrawal of proposals. (i) Offerors are responsible for submitting proposals, and any modifications or revisions, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that proposal or revision is due.
            1. (A) Any proposal, modification, or revision received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and—
                1. If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of proposals; or
                2. There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or
                3. It is the only proposal received.
              1. However, a late modification of an otherwise successful proposal that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.
            2. Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the proposal wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.
            3. If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation, the time specified for receipt of proposals will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.
            4. Proposals may be withdrawn by written notice received at any time before award. Oral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision at 52.215-5, Facsimile Proposals. Proposals may be withdrawn in person by an offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award.
          3. Unless otherwise specified in the solicitation, the offeror may propose to provide any item or combination of items.
          4. Offerors shall submit proposals in response to this solicitation in English, unless otherwise permitted by the solicitation, and in U.S. dollars, unless the provision at FAR 52.225-17, Evaluation of Foreign Currency Offers, is included in the solicitation.
          5. Offerors may submit modifications to their proposals at any time before the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award.
          6. Offerors may submit revised proposals only if requested or allowed by the Contracting Officer.
          7. Proposals may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the Contracting Officer.
          8. Offerors may submit proposals that depart from stated requirements. Such proposals shall clearly identify why the acceptance of the proposal would be advantageous to the Government. Any deviations from the terms and conditions of the solicitation, as well as the comparative advantage to the Government, shall be clearly identified and explicitly defined. The Government reserves the right to amend the solicitation to allow all offerors an opportunity to submit revised proposals based on the revised requirements.

        4. Offer expiration date. Proposals in response to this solicitation will be valid for the number of days specified on the solicitation cover sheet (unless a different period is proposed by the offeror). [Note: In accordance with HHSAR 352.215-1, the following paragraph (e) is substituted for the subparagraph (e) of the provision at FAR 52.215-1.]

        5. Restriction on disclosure and use of data. (1) The proposal submitted in response to this request may contain data (trade secrets; business data, e.g., commercial information, financial information, and cost and pricing data; and technical data) which the offeror, including its prospective subcontractor(s), does not want used or disclosed for any purpose other than for evaluation of the proposal. The use and disclosure of any data may be so restricted; provided, that the Government determines that the data is not required to be disclosed under the Freedom of Information Act, 5 U.S.C. 552, as amended, and the offeror marks the cover sheet of the proposal with the following legend, specifying the particular portions of the proposal which are to be restricted in accordance with the conditions of the legend. The Government's determination to withhold or disclose a record will be based upon the particular circumstances involving the record in question and whether the record may be exempted from disclosure under the Freedom of Information Act. The legend reads:
          Unless disclosure is required by the Freedom of Information Act, 5 U.S.C. 552, as amended, (the Act) as determined by Freedom of Information (FOI) officials of the Department of Health and Human Services, data contained in the portions of this proposal which have been specifically identified by page number, paragraph, etc. by the offeror as containing restricted information shall not be used or disclosed except for evaluation purposes. The offeror acknowledges that the Department may not be able to withhold a record (data, document, etc.) nor deny access to a record requested pursuant to the Act and that the Department's FOI officials must make that determination. The offeror hereby agrees that the Government is not liable for disclosure if the Department has determined that disclosure is required by the Act. If a contract is awarded to the offeror as a result of, or in connection with, the submission of this proposal, the Government shall have right to use or disclose the data to the extent provided in the contract. Proposals not resulting in a contract remain subject to the Act. The offeror also agrees that the Government is not liable for disclosure or use of unmarked data and may use or disclose the data for any purpose, including the release of the information pursuant to requests under the Act. The data subject to this restriction are contained in pages (insert page numbers, paragraph designations, etc. or other identification).
          1. In addition, the offeror should mark each page of data it wishes to restrict with the following statement:
            Use or disclosure of data contained on this page is subject to the restriction on the cover sheet of this proposal or quotation.
          2. Offerors are cautioned that proposals submitted with restrictive legends or statements differing in substance from the above legend may not be considered for award. The Government reserves the right to reject any proposal submitted with a nonconforming legend.

        6. Contract award. (1) The Government intends to award a contract or contracts resulting from this solicitation to the responsible offeror(s) whose proposal(s) represents the best value after evaluation in accordance with the factors and subfactors in the solicitation.
          1. The Government may reject any or all proposals if such action is in the Government's interest.
          2. The Government may waive informalities and minor irregularities in proposals received.
          3. The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror's initial proposal should contain the offeror's best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.
          4. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the offeror specifies otherwise in the proposal.
          5. The Government reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the Government's best interest to do so.
          6. Exchanges with offerors after receipt of a proposal do not constitute a rejection or counteroffer by the Government.
          7. The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.
          8. If a cost realism analysis is performed, cost realism may be considered by the source selection authority in evaluating performance or schedule risk.
          9. A written award or acceptance of proposal mailed or otherwise furnished to the successful offeror within the time specified in the proposal shall result in a binding contract without further action by either party.
          10. The Government may disclose the following information in postaward debriefings to other offerors:
            1. The overall evaluated cost or price and technical rating of the successful offeror;
            2. The overall ranking of all offerors, when any ranking was developed by the agency during source selection;
            3. A summary of the rationale for award; and
            4. For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

      2. NAICS CODE AND SIZE STANDARD

        Note: The following information is to be used by the offeror in preparing its Representations and Certifications (See Section K of this BAA), specifically in completing the provision entitled, SMALL BUSINESS PROGRAM REPRESENTATION, FAR Clause 52.219-1.

        1. The North American Industry Classification System (NAICS) code for this acquisition is 611710.
        2. The small business size standard is $6,000,000.

      3. TYPE OF CONTRACT AND NUMBER OF AWARDS

        It is anticipated that one award will be made from this solicitation and that the award will be made on/about September 30, 2003.

        It is anticipated that the award resulting from this solicitation will be a performance-based, multi-year cost reimbursement type completion form contract with a term of five years and that incremental funding will be used [see Business Proposal Instructions, Item I.8].

      4. ESTIMATE OF EFFORT

        It is expected that a completion form contract will be awarded as a result of this BAA. The Government does not intend to provide an estimate of effort for this BAA.

      5. COMMITMENT OF PUBLIC FUNDS

        The Contracting Officer is the only individual who can legally commit the Government to the expenditure of public funds in connection with the proposed procurement. Any other commitment, either explicit or implied, is invalid.

      6. COMMUNICATIONS PRIOR TO CONTRACT AWARD

        Offerors shall direct all communications to the attention of the Contract Specialist or Contracting Officer cited on the face page of this BAA. Communications with other officials may compromise the competitiveness of this acquisition and result in cancellation of the requirement.

      7. RELEASE OF INFORMATION

        Contract selection and award information will be disclosed to offerors in accordance with regulations applicable to negotiated acquisition. Prompt written notice will be given to unsuccessful offerors as they are eliminated from the competition, and to all offerors following award.

      8. COMPARATIVE IMPORTANCE OF PROPOSALS

        You are advised that paramount consideration shall be given to the evaluation of technical proposals. All evaluation factors other than cost or price, when combined, are significantly more important than cost or price. The relative importance of the evaluation factors is specified in Section M of this solicitation. However, the Government reserves the right to make an award to the best advantage of the Government, cost and other factors considered.

      9. PREPARATION COSTS

        This BAA does not commit the Government to pay for the preparation and submission of a proposal.

      10. SERVICE OF PROTEST (AUGUST 1996) FAR 52.233-2

        Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the General Accounting Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

        Contracting Officer
        National Institutes of Health
        National Heart, Lung, and Blood Institute
        Contracts Operations Branch
        Rockledge 2, Room 6104
        6701 ROCKLEDGE DR MSC 7902
        BETHESDA MD 20892-7902

      11. AVAILABILITY OF THE "FEDERAL ADP AND TELECOMMUNICATIONS STANDARDS INDEX."

        Copies of the "Federal ADP and Telecommunications Standards Index" can be purchased from the U.S. Government Printing Office, Superintendent of Documents, Washington DC 20402.

      12. GOVERNMENT FURNISHED FACILITIES AND EQUIPMENT

        No materials, facilities, or property are anticipated to be provided by the Government for this acquisition.

    2. Instructions to Offerors

      The instructions set forth below are provided by URL links to "Streamlined RFP" instructions which are considered a part of this solicitation, including the required forms and formats. (Note that in some cases, versions of forms that can be filled out on screen may be available at http://forms.cit.nih.gov/ListPDF.html.) In the event of a conflict between the instructions written in this document and the Streamlined RFP instructions on the Web, the former take precedence. In the event of conflict between the general and special instructions on the Web, the latter take precedence.

      1. GENERAL INSTRUCTIONS

        The following instructions will establish the acceptable minimum requirements for the format and contents of proposals. Special attention is directed to the requirements for technical and business proposals to be submitted in accordance with these instructions. Note that the Instructions to Offerors (Items A through F at the link below) are superseded by Section II part 1. above, http://ocm.od.nih.gov/contracts/rfps/inststd.htm#Instructions—General.

      2. TECHNICAL PROPOSAL INSTRUCTIONS

        A detailed work plan must be submitted indicating how each aspect of the statement of work is to be accomplished. Your technical approach should be in as much detail as you consider necessary to fully explain your proposed technical approach or method. The technical proposal should reflect a clear understanding of the nature of the work being undertaken. The technical proposal must include information on how the project is to be organized, staffed, and managed. Information should be provided which will demonstrate your understanding and management of important events or tasks. See instructions at: http://ocm.od.nih.gov/contracts/rfps/inststd.htm#Instructions—Technical

        TECHNICAL PROPOSAL TABLE OF CONTENTS

        Number each page of text. Type density and size must be 10-12 points. If constant spacing is used, there should be no more than 15 cpi, whereas proportional spacing should provide an average of no more than 15 cpi. There must be no more than six lines of text within a vertical inch.

        The technical proposal should be organized as follows:

        1. TECHNICAL PROPOSAL COVER SHEET (Form is located in the Streamlined RFP References under FORMS, FORMATS, ATTACHMENTS)—Page 1
        2. TECHNICAL PROPOSAL TABLE OF CONTENTS—Page 2
        3. ABSTRACT—Page 3
          State the proposal's broad, long-term objectives and specific aims. Briefly and concisely describe the research design and methods for achieving these goals. DO NOT EXCEED one page in providing the abstract. Identify the BAA Number, Institution and Principal Investigator on the abstract
        4. TECHNICAL APPROACH (no more than 50 PAGES single-spaced)
          Refer to Technical Proposal Instructions located in the Standard RFP Instructions and Provisions under Streamlined RFP References for more detail.
          1. PERSONNEL
            1. List of all Personnel in the project including Subcontractors, Consultants/Collaborators, by name, title, department and organization—Page #
              PROVIDE NARRATIVE FOR:
            2. Principal Investigator/Project Director—Page #
            3. Other Investigators—Page #
            4. Additional Personnel—Page # [NOTE: For personnel, include a two-page biosketch under APPENDICES below.]
          2. WORK STATEMENT (with Program Plan, Implementation Plan, Dissemination Plan, and Milestone Schedule)
            1. Objectives—Page #
            2. Approach—Page #
            3. Methods—Page #
            4. Schedule—Page #
          3. FACILITIES, EQUIPMENT, AND OTHER RESOURCES—Page #
            List/describe all facilities, equipment, and other resources available for this project.
          4. OTHER CONSIDERATIONS—Page #
            (Use specifically titled subparagraphs, as applicable.)
          5. INFORMATION TECHNOLOGY SYSTEMS SECURITY PLAN—Page #
        5. OTHER SUPPORT—Page #
          Complete the Form "Summary of Current and Proposed Activities." All key personnel must be listed on this form. The form is located in the Streamlined RFP References under "FORMS, FORMATS, & ATTACHMENTS."
        6. TECHNICAL PROPOSAL COST INFORMATION—Page #
          (Form is located in the Streamlined RFP References under "FORMS, FORMATS, & ATTACHMENTS.")
        7. LITERATURE CITED—Page #
        8. APPENDICES—Page #
          Total number of appendices shall not exceed 50 pages single-spaced. List each Appendix and identify the number of pages for each one. Appendices must be clear and legible, and easily located. Include biosketches here.

        PAGE LIMITS

        The Technical Plan (objectives, approach, methods and procedures, and schedule) of the Technical Proposal shall not exceed 50 single-sided pages or 25 double-sided pages. This page limitation does not apply to the cover sheet, abstract, table of contents, personnel, facilities, equipment and resources, other considerations, information technology systems security plan, other support, cost information, and literature cited. Appendices shall be limited to 50 single-sided pages or 25 double-sided pages. Pages in excess of this will be deleted and will be neither read nor evaluated. Each page of the Technical Proposal must be numbered sequentially. Offerors are encouraged to limit the overall size of the Technical Proposal, inclusive of appendices, attachments, etc. Note that although no page limit has been placed on the Business Proposal, offerors are encouraged to limit its content to only those documents necessary to provide adequate support for the proposed costs. Type density and size must be 10 to 12 points. If constant spacing is used, 15 cpi (characters per inch) or fewer shall be used, whereas proportional spacing should provide an average of no more than 15 cpi. There must be no more than six lines of text within a vertical inch. Margins must be set to 1 inch around, exclusive of headers or footers.

      3. BUSINESS PROPOSAL INSTRUCTIONS

        See: http://ocm.od.nih.gov/contracts/rfps/inststd.htm#Instructions—Business
        Note: The "pre-formatted cost proposal spreadsheet" referenced and linked therein should be used and should be provided to the Contracting Officer on disk or CD or by email. Click for the pre-formatted cost proposal spreadsheet. [Note: This is an Excel spreadsheet that will work with other spreadsheet software.] This solicitation may require submission of certified cost or pricing data.

        The following solicitation provisions supersede equivalent language on the referenced instruction page:

        1. Small Disadvantaged Business Participation Plan

          In accordance with FAR part 15.304(c)(4), the extent of participation of Small Disadvantaged Business (SDB) concerns in performance of the contract in the authorized SIC Major Groups will be evaluated in unrestricted competitive acquisitions expected to exceed $500,000 ($1,000,000 for construction) subject to certain limitations (see FAR 19.1202-1 and 19.1202-2(b)). The dollar amounts cited above include any option years/option quantities that may be included in this solicitation. The definition of a "small disadvantaged business" is cited in FAR 19.001.
          [NOTE: The SDB Participation Plan is a separate requirement from the Small Business Subcontracting Plan described elsewhere in this solicitation. Offerors shall submit a Small Disadvantaged Business Participation Plan which includes the following information in one clearly marked section of their business proposal:]

          A plan on the extent of participation of SDB concerns in performance of the contract. Participation in performance of the contract includes the work expected to be performed by SDB concern(s). This can include SDB (as prime contractor), joint ventures, teaming arrangements, and subcontracts. Include the following information in your SDB participation plans:

          1. The extent of an offerors commitment to use SDB concerns. Commitment should be as specific as possible, e.g., are subcontract arrangements already in place; are letters of commitment in place. Enforceable commitments will be weighted more heavily than non-enforceable ones;
          2. Specifically identify the SDB concerns with point of contact and telephone number;
          3. The complexity and variety of the work SDB concerns are to perform;
          4. Realism for the use of SDB in the proposal;
          5. Past performance of the offeror in complying with subcontracting plans for SDB concerns;
          6. Targets expressed as dollars and percentage of total contract value, in each of the applicable authorized SIC Major Group(s). A total target for SDB participation by the prime contractor that includes any joint ventures and team members* shall be provided, as well as a total target for SDB participation by subcontractors. Targets may be incorporated into and become part of any resulting contract; and
          7. The extent of participation of SDB concerns in terms of the value of the total acquisition.
          [*NOTE: FAR Subpart 9.6 defines "Contractor team arrangements" to include two or more companies forming a partnership or joint venture to act as a potential prime contractor, or a potential prime contractor who agrees with one or more companies to have them act as its subcontractors on a specific contract or acquisition program. For purposes of evaluation of the SDB participation factor, FAR 19.1202-4 requires that SDB joint ventures and teaming arrangements at the prime level be presented separately from SDB participation by subcontractors].

          SDB participation information furnished in the plan described above will not be used as an evaluation factor. The Government will focus on information that demonstrates realistic commitments to use SDB concerns relative to the size and complexity of the acquisition under consideration. Also, references other than those identified by the offeror may be contacted by the Government to obtain additional information that will be used in the evaluation of the offeror's commitment to SDB participation.

          The Government is seeking to determine whether the offeror has demonstrated a commitment to use SDB concerns for the work that it intends to perform as the prime contractor. The assessment of the offeror's SDB Participation Plan will be used as a means of evaluating the relative capability and commitment of the offeror and the other competitors, e.g., an offeror with an exceptional record of participation with SDB concerns may receive a more favorable evaluation than another whose record of participation with SDB concerns is acceptable, even though both may have acceptable technical proposals.

        2. Uniform Resource Locators (URLs) in Contract Proposals

          All proposals must be self-contained within the specific page limitations cited elsewhere in this solicitation. Unless otherwise specified, URLs/Internet addresses shall not be used to provide information necessary to the review because reviewers are under no obligation to review the Internet sites.


SECTION M—EVALUATION FACTORS FOR AWARD

Final selection of award will depend upon demonstrated capability to form and manage a consortium and coordinate a TB curriculum program, and the proposed costs in relation to availability of funds.

  1. General

    Selection of an offeror for contract award will be based on an evaluation of proposals against the following factors listed in order of importance: technical (includes past performance as demonstrated experience within the evaluation criteria), cost/price, and small disadvantaged business (SDB) participation (see Business Proposal Instructions, Item III.2.c.1 above). The technical proposal will receive paramount consideration in the selection of the contractor for this acquisition. Past performance is incorporated into the technical evaluation factors, but is not a specific weighted technical factor, and will be evaluated by the technical evaluation group. All evaluation factors other than cost/price when combined, are significantly more important than cost/price. The tradeoff process described in FAR 15.101-1 will be employed. This process permits tradeoffs among cost or price and non-cost factors and allows the Government to consider award to other than the lowest priced or highest technically rated offeror. In any event, the Government reserves the right to make an award to that offeror whose proposal provides the best value to the Government.

    Price analysis will be used to verify that the overall price offered is fair and reasonable. Cost/price analysis will be used to evaluate the reasonableness of individual cost elements when cost or pricing data are required. Cost analysis may be used to evaluate information other than cost or pricing data to determine cost reasonableness or cost realism.

  2. Mandatory Qualification Criteria

    Listed below is a mandatory qualification criteria. The qualification criteria establishes a condition that must be met at the time of receipt of Final Proposal Revisions (FPRs) by the Contracting Officer in order for your proposal to be considered any further for award.

    This acquisition is limited to the U.S. and its territories and possessions. Subcontracting arrangements with foreign institutions will be considered.

  3. Technical Evaluation Criteria

    The evaluation will be based on the demonstrated capabilities of offerors in relation to the needs of the project as set forth in the BAA. The merits of each proposal will be evaluated carefully. Offerors must submit information sufficient to allow evaluation of their proposals based on the detailed evaluation criteria listed below.

    The technical evaluation criteria are used by the technical evaluation panel when reviewing the technical proposals. The criteria below are listed in the order of relative importance with weights assigned for evaluation purposes.

    No. Criterion Points
    1. Tuberculosis Curriculum Coordinating Center 30
    Documentation that the Principal Investigator is a practicing physician with experience in TB. Evidence that proposed personnel, including the Principal Investigator, have experience with TB in research or drug discovery, teaching, clinical settings and/or outreach activities. Evidence of the Principal Investigator's ability to establish collaborative working relationships with faculty members and take a leadership role in establishing educational programs and evaluating the effectiveness of such programs. Evidence that the Principal Investigator has experience in managing a complex project with multiple sites. Documented experience in developing and evaluating educational materials and curricula for TB. Experience in website development and maintenance.
    2. Curriculum Centers and Third Level Institutions 30
    Demonstrated experience of proposed personnel, within each CC and each third level institution, with TB in research or drug discovery, teaching, clinical settings, and/or outreach activities. Evidence that proposed personnel have the stature to influence medical or other health school curriculum at their institutions. Documented experience of proposed personnel in interacting with underserved populations.
    3. Proposed Plan and Administrative Structure 20
    Feasibility of proposed plan for managing the administrative structure and logistics of the Consortium including availability of facilities; communication with the NHLBI, faculty, and advisors; and report preparation. Feasibility and comprehensiveness of the proposed plan to analyze, modify, and adapt TB curriculum materials to the specific needs of educational institutions and to the needs of the communities served. Quality of proposed plan to develop and test survey instruments for monitoring the quality and effectiveness of the TB program.
    4. Dissemination Plan 20
    Quality of proposed plan to disseminate TB core curriculum on the web, to promote access to the website, for distant learning, and to monitor usage. Feasibility of proposed milestones. Quality of proposed plan to implement the TB curriculum at the schools in a manner consistent with their individuals needs. Feasibility of proposed plan for dissemination of TB curricula and community-specific materials in multiple languages and formats.
    Total 100


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