Updated through FAC 97-16
Last updated on 05/24/00
The contract schedule set forth in Sections B through J, below, contains information pertinent to many types of R&D solicitations done at the NIH. The Schedule is not an exact representation of the proposed contract document. For example, contractual provisions pertinent to an Offeror's organizational structure (e.g., Non-Profit, Commercial) and specific costs requiring Contracting Officer prior approval will be negotiated and included in the contract. The schedule below is meant to provide an overview to Offerors of the elements of a typical contract.
PART I - THE SCHEDULE
SECTION B - Supplies or Services and Price/Costs
SECTION C - Description/Specifications/Work Statement
SECTION D - Packaging, Marking and Shipping
SECTION E - Inspection and Acceptance
SECTION F - Deliveries or Performance
SECTION G - Contract Administration Data
SECTION H - Special Contract Requirements
PART II - CONTRACT CLAUSES
PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS
SECTION J - List of Attachments
SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS
ARTICLE B.1. BRIEF DESCRIPTION OF SUPPLIES OR SERVICES
Self-explanatory.
ARTICLE B.2. PRICES/COSTS
The final contract will contain the price/cost provisions agreed upon during negotiations.
ARTICLE B.3. PROVISIONS APPLICABLE TO DIRECT COSTS
This article will prohibit or restrict the use of contract funds, unless otherwise approved by the Contracting Officer for: 1) Acquisition, by purchase or lease, of any interest in real property; 2) Special rearrangement or alteration of facilities; 3) Purchase or lease of any item of general purpose office furniture or office equipment regardless of dollar value; 4) Travel costs; 5) Patient care costs; 6) Accountable Government property; 7) Research funding; 8) Travel to attend general scientific meetings; 9) Purchase or lease of any computer related hardware or software.
ARTICLE B.4. ADVANCE UNDERSTANDINGS
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
The Statement of Work in the specific Institute/Center/Division (ICD) RFP will be inserted here.
ARTICLE C.2. REPORTING REQUIREMENTS
In addition to the required reports set forth elsewhere in this sample contract format, the technical reports identified in the specific ICD RFP will be required in any contract resulting from this solicitation.
Furthermore, if this RFP involves Human Subjects, unless it has been determined by the Government that the inclusion of women and minority groups in the study population is not appropriate, then submission of reports using the format for reporting on clinical research study populations found in the RFP REFERENCES FORMS, FORMATS and ATTACHMENTS, will be required.
SECTION D--PACKAGING, MARKING AND SHIPPING
Specific requirements, if any, for packaging, marking, and shipping of deliverables
will be inserted here. If specific requirements exist they will be described in the Other
Information/Project Background portion of the specific ICD RFP. Otherwise, this portion of
the contract will require that the Contractor guarantee that all required materials be
delivered in immediate usable and acceptable condition.
SECTION E--INSPECTION AND ACCEPTANCE
The Contracting Officer or the duly authorized representative will inspect and accept materials and services to be delivered under the contract. The contract will identify who will perform inspections and where the inspections will be performed. In addition, one of the following clauses will be incorporated by reference:
FAR Clause 52.246-2, INSPECTION OF SUPPLIES--FIXED PRICE (AUG 1996)
FAR Clause 52.246-4, INSPECTION OF SERVICES--FIXED PRICE (AUG 1996)
FAR Clause No. 52.246-5, INSPECTION OF SERVICES-COST REIMBURSEMENT (APR 1984)
FAR Clause No. 52.246-7, INSPECTION OF RESEARCH AND DEVELOPMENT-FIXED PRICE (AUG 1996)
FAR Clause No 52.246-8, INSPECTION OF RESEARCH AND DEVELOPMENT-COST REIMBURSEMENT (APR 1984)
FAR Clause No.52.246-9, INSPECTION OF RESEARCH AND DEVELOPMENT (SHORT FORM) (APR 1984)
Additional inspection and acceptance requirements, if any, will be set forth in the
Other Information/Project Background portion of the specific IC RFP.
SECTION F--DELIVERIES OR PERFORMANCE
ARTICLE F.1. DELIVERIES (IF A COMPLETION TYPE CONTRACT)
Satisfactory performance of the final contract shall be deemed to occur upon delivery and acceptance by the Contracting Officer, or the duly authorized representative, of the deliverables set forth in the Reports/Deliverables portion of the specific IC RFP.
Delivery will be required F.O.B. Destination as set forth in FAR 52.247-35, F.O.B. DESTINATION, WITHIN CONSIGNEES PREMISES (APR 1984), unless otherwise specified in the Other Information/Project Background portion of the specific ICD RFP.
OR
ARTICLE F.1. PERIOD OF PERFORMANCE (IF A LEVEL OF EFFORT TYPE CONTRACT)
The period of performance shall be specified in the contract.
ARTICLE F.2. LEVEL OF EFFORT (IF A LEVEL OF EFFORT TYPE CONTRACT)
The level of effort agreed upon in negotiations will be specified in the contract. The Government's estimated level of effort for this project is provided in the "Provisions with RFP-Specific Data" portion of the specific ICD RFP.
ARTICLE F. . STOP WORK ORDER
Any contract resulting from this RFP will contain the clause:
FAR CLAUSE 52.242-15, STOP WORK ORDER (AUG 1989) with ALTERNATE I (APR 1984)
(NOTE: Alternate I is not applicable to Fixed Price contracts.)
SECTION G--CONTRACT ADMINISTRATION DATA
ARTICLE G.1. PROJECT OFFICER
The Government's Project Officer(s) will be identified in the contract.
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 any costs incurred during the performance of this contract; or (5) otherwise change any terms and conditions of this contract.
ARTICLE G.2. KEY PERSONNEL
Contractor personnel considered by the Government to be essential to contract performance will be identified here. The Contracting Officer must be notified prior to removing any of these individuals from the contract.
ARTICLE G. . INVOICE SUBMISSION
Invoices will be submitted in accordance with "Invoice/Financing Request Instructions for NIH Cost-Reimbursement Type Contracts," NIH(RC)-1, (including submission of completion and/or final invoices on letter of credit contracts), or, "Invoice Instructions for NIH Fixed-Price-Type Contracts," NIH(RC)-2.
Addresses for submitting invoices will be included in the contract. The referenced clauses may be found in the FORMS, FORMATS and ATTACHMENTS directory.
ARTICLE G. . CONTRACT FINANCIAL REPORT
Financial reports will be submitted using the Form NIH 2706, "Financial Report of Individual Project/Contract." The NIH 2706, and the Instructions which accompany the form, may be found in the FORMS, FORMATS and ATTACHMENTS directory. Normally, reports are due quarterly. Examples of the cost elements to be reported include the following:
Expenditure Category
- Direct Labor
- Principal Investigator
- Co-Principal Investigator
- Personnel - Other
- Fringe Benefits
- Materials/Supplies
- Patient Care Costs
- Travel
- Consultant Costs
- Subcontract Costs
- Other Direct Costs
- Indirect Cost
- Total Cost
ARTICLE G. . WORK ASSIGNMENT PROCEDURES
If the contract will use work assignments, the work assignment procedures will be detailed in the Other Information/Project Background portion of the specific IC RFP.
ARTICLE G. . RECIPIENTS REIMBURSEMENT PROCEDURES
If the contract will generate income, the procedures for accounting for the income and for reimbursing the Government are identified in the Other Information/Project Background portion of the specific ICD RFP.
ARTICLE G. . INDIRECT COST RATES
Profit making organizations will negotiate provisional and/or final indirect cost rates with:
Chief, Financial Advisory Services Branch
Division of Contracts and Grants
National Institutes of Health
6100 EXECUTIVE BLVD MSC 7540
BETHESDA MD 20892-7540ARTICLE G. . GOVERNMENT PROPERTY
If the RFP will result in the acquisition or use of Government Property or if the Contracting Officer authorizes the contractor to acquire property under the contract (other than real property), this ARTICLE will include applicable provisions and will incorporate the DHHS Publication (OS) 686, entitled, Contractor's Guide for Control of Government Property, (1990).
ARTICLE G. . POST AWARD EVALUATION OF PAST PERFORMANCE
Interim and final evaluations of contractor performance shall be conducted on this contract in accordance with FAR 42.15. The final performance evaluation shall be completed at the time of completion of work. Interim and final evaluations will be submitted to the Contractor as soon as practicable. The Contractor will be permitted thirty days to review the document and to submit additional information or a rebutting statement.
ARTICLE G. . GOVERNMENT SUPPLY SOURCES
Any contract resulting from this RFP will incorporate the following clause:
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSE:
52.251-1, GOVERNMENT SUPPLY SOURCES (APR 1984)
SECTION H--SPECIAL CONTRACT REQUIREMENTS
The following clauses may not apply to every contract. If you have any questions about their applicability and the affect they might have on your proposal, please contact the Contracting Officer identified in the ICD RFP.
ARTICLE H. . REIMBURSEMENT OF COSTS FOR INDEPENDENT RESEARCH AND DEVELOPMENT PROJECTS (Commercials Only)
The primary purpose of the Public Health Service (PHS) is to support and advance independent research within the scientific community. This support is provided in the form of contracts and grants totaling approximately 7 billion dollars annually. The PHS has established effective, time tested and well recognized procedures for stimulating and supporting this independent research by selecting from multitudes of applications those research projects most worthy of support within the constraints of its appropriations. The reimbursement through the indirect cost mechanism of independent research and development costs not incidental to product improvement would circumvent this competitive process.
To ensure that all research and development projects receive similar and equal consideration, all organizations may compete for direct funding of independent research and development projects they consider worthy of support by submitting those projects to the appropriate Public Health Service grant office for review. Since these projects may be submitted for direct funding, the Contractor agrees that no costs for any independent research and development project, including all applicable indirect costs, will be claimed under this contract.
ARTICLE H. . HUMAN SUBJECTS
It is hereby understood and agreed that research involving human subjects shall not be conducted under this contract, and that no material developed, modified, or delivered by or to the Government under this contract, or any subsequent modification of such material, will be used by the Contractor or made available by the Contractor for use by anyone other than the Government, for experimental or therapeutic use involving humans without the prior written approval of the Contracting Officer.
ARTICLE H. . HUMAN SUBJECTS
Research involving human subjects shall not be conducted under this contract until the protocol developed in Phase I has been approved by __________, written notice of such approval has been provided by the Contracting Officer, and the Contractor has provided to the Contracting Officer a properly completed Optional Form 310 certifying IRB review and approval of the protocol. The human subject certification can be met by submission of the Contractor's self designated form, provided that it contains the information required by the Optional Form 310.
ARTICLE H. . HUMAN MATERIALS
It is understood that the acquisition and supply of all human specimen material (including fetal material) used under this contract will be obtained by the Contractor in full compliance with applicable State and Local laws and the provisions of the Uniform Anatomical Gift Act in the United States and that no undue inducements, monetary or otherwise, will be offered to any person to influence their donation of human material.
ARTICLE H. . CONTINUED BAN ON FUNDING OF HUMAN EMBRYO RESEARCH
Section ___ of the Fiscal Year ____ Appropriations Act (P.L. _______) prohibits NIH 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 subject to risk of injury or death greater than that allowed for research on fetuses in utero under 45 CFR 46 as of the date of the Act, that is derived by fertilization, parthenogenesis, cloning, or any other means from one or more human gametes or human diploid cells.
Additionally, in accordance with a March 4, 1997 Presidential Memorandum, Federal funds may not be used for cloning of human beings.
ARTICLE H. . PRIVACY ACT
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 __________ . This document is incorporated into this contract as Attachment _____.
ARTICLE H. . EVALUATION PROJECTS
All publications, including but not limited to reports, compilations of data, and articles resulting from this contract shall contain the statement below. It shall be located on the cover, inside cover, or title page.
This project (INSERT NIH EVALUATION PROJECT NUMBER AND CONTRACT NUMBER) received support from the evaluation set-aside Section 513, Public Health Service Act.
ARTICLE H. . ANIMAL WELFARE ASSURANCE
The Contractor shall obtain, prior to the start of any work under this contract, an approved Animal Welfare Assurance from the Office of Protection from Research Risks (OPRR), Office of the Director, NIH, as required by Section I-43-30 of the Public Health Service Policy on Humane Care and Use of Laboratory Animals. The Contractor shall maintain such assurance for the duration of this contract, and any subcontractors performing work under this contract involving the use of animals shall also obtain and maintain an approved Animal Welfare Assurance.
ARTICLE H. . INTRODUCTION OF RODENTS AND RODENT PRODUCTS
No rodent or rodent product shall be delivered into the NIH environment directly, or through collaborative research or holding facilities under contract to an NIH Institute, Center, or Division, except by permit. Direct shipments to NIH from an approved commercial vendor will be considered exempt. Non-exempt sources must be approved by permit issued through the National Center for Research Resources, (NCRR). The permit must be obtained by the Contractor prior to the shipment to NIH of the rodents and/or rodent products. The Contractor must be sure that this permit exists and is current before transferring rodents or rodent products into the NIH environment. Refusal or negligence to do so will be considered a material breach of contract and may be treated as any other such material breach. Applications for permits should be submitted not less than 30 days prior to shipping date to: NIH Veterinary Resources Program (VRP), National Center for Research Resources (NCRR), Scientific Services Branch, Laboratory Sciences Section, Building 28A, Room 106, 28 LIBRARY DR MSC 5210, BETHESDA MD 20892-5210, (301) 496-4463.
ARTICLE H. . OPTION PROVISION
- Unless the Government exercises its option pursuant to paragraph of this article, the contract consists only of (Phase I or Year I) of the statement of work as defined in Sections C and F of this contract. Pursuant to clause 52.217-set forth in paragraph b., below, the Government may, by unilateral contract modification, require the Contractor to perform (Phases(s) or Year(s)) of the statement of work as also defined in Sections C and F of this contract. If the Government exercises this option, notice must be given at least 60 days prior to the expiration date of this contract, and the estimated cost of the contract will be increased as set forth in Article _____.
- FAR Clause 52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989)
The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor within __________. Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree.
(End of Clause)
- FAR Clause 52.217-7 OPTION FOR INCREASED QUANTITY--SEPARATELY PRICED LINE ITEM (MAR 1989)
The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within ___________. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.
(End of Clause)
- FAR Clause 52.217-8, OPTION TO EXTEND SERVICES (AUG 1989)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within the period specified in the Schedule.
(End of Clause)
- FAR Clause 52.217-9, OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 1989)
- The Government may extend the term of this contract by written notice to the Contractor within _________________; provided, that the Government shall give the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.
- If the Government exercises this option, the extended contract shall be considered to include this option provision.
- The total duration of this contract, including the exercise of any options under this clause, shall not exceed __________ (Months/Years).
(End of Clause)
ARTICLE H. . SUBCONTRACTING PROVISIONS
- Small Business Subcontracting Plan
- The Small, Small Disadvantaged and Women Owned Small Business Subcontracting Plan, dated ___________ is attached hereto and made a part of this contract.
- 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."
- Subcontracting Reports
- The Contractor shall submit the original and 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 30thThe Report shall be sent to the following address:
_______________________________________
Contracting Officer
[See specific ICD RFP address]- The Contractor shall submit 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. This Report shall be mailed to the following address:
Office of Small and Disadvantaged Business Utilization
Department of Health and Human Services
Hubert H. Humphrey Bldg., Room 517-D
200 Independence Avenue, S.W.
Washington, D.C. 20201ARTICLE H. . SALARY RATE LIMITATION LEGISLATION PROVISIONS
- ARTICLE H. . 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 multiple 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.
b. Public Law No. Fiscal Year Dollar Amount of
Salary Limitation105-277 FY-99 Executive Level III* 106-113 FY-00 Executive Level II** c. Direct salaries which will be paid with FY-99 funds are limited to the Executive Level III rate which was in effect on the date(s) the expense was incurred. Direct salaries which will be paid with FY-00 funds are limited to the Executive Level II rate which was in effect on the date(s) the expense was incurred.
* For contract expenditures using FY 99 funds, for the period 10/1/98-12/31/99, this amount is $125,900. Effective 1/1/00 , for contract expenditures using FY 99 funds, this amount is increased to $130,200 and will remain at this level until such time as the Executive Level III is increased. See the web sites listed below for Executive Level III rates of pay.
** For contract expenditures using FY 00 funds, for the period 10/1/99 - 12/31/99, this amount is $136,700. Effective 1/1/00, for contract expenditures using FY 00 funds, this amount is increased to $141,300 and will remain at this level until such time as the Executive Level II is increased. See the web sites listed below for Executive Level II rates of pay.
FOR FY-99 EXECUTIVE LEVEL SALARIES: http://www.opm.gov/oca/99tables/EXECses/html/99excsch.htm
FOR FY-00 EXECUTIVE LEVEL SALARIES: http://www.opm.gov/oca/2000tbls/Execses/html/execschd.htm
**** (Note to Contracting Officer/Contract Specialist: Select and use the appropriate/Applicable information presented above.) ****
ARTICLE H. . CONFIDENTIALITY OF INFORMATION
The following information is covered by HHSAR 352.224-70, confidentiality of Information (APR 1984):
ARTICLE H. . IT SYSTEMS SECURITY SPECIFICATIONS
The Contractor agrees to comply with the IT 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 is, 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. NOTE: OMB A-130 is accessible via web site.
ARTICLE H. . EPA ENERGY STAR REQUIREMENTS
In compliance with Executive Order 12845 (requiring Agencies to purchase energy efficient computer equipment) all microcomputers, including personal computers, monitors, and printers that are purchased using Government funds in performance of a contract shall be equipped with or meet the energy efficient low-power standby feature as defined by the EPA Energy Star program unless the equipment always meets EPA Energy Star efficiency levels. The microcomputer, as configured with all components, must be Energy Star compliant.
This low-power feature must already be activated when the computer equipment is delivered to the agency and be of equivalent functionality of similar power managed models. If the equipment will be used on a local area network, the vendor must provide equipment that is fully compatible with the network environment. In addition, the equipment will run commercial off-the-shelf software both before and after recovery from its energy conservation mode.
ARTICLE H. . 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 acknowledgment substantially as follows:
"This project has been funded in whole or in part with Federal funds from the [insert ICD], National Institutes of Health, under Contract No. [insert #]"
ARTICLE H. . 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.
Office of Inspector General
Department of Health and Human Services
TIPS HOTLINE
P.O. Box 23489
Washington, DC 20026Information regarding procedural matters can be found with the Office of Management Assessment page.
ARTICLE H. . ACKNOWLEDGMENT OF FEDERAL FUNDING
Section 507 of P.L. 104-208 mandates that contractors funded with Federal dollars, in whole or in part, acknowledge Federal funding when issuing statements, press releases, requests for proposals, bid solicitations and other documents. Contractors are required to state (1) the percentage and dollar amounts of the total program or project costs financed with Federal money, and (2) the percentage and dollar amount of the total costs financed by nongovernmental sources.
This requirement is in addition to the continuing requirement to provide an acknowledgment of support and disclaimer on any publication reporting the results of a contract funded activity.
ARTICLE H. . NEEDLE EXCHANGE
Pursuant to Section 505 of Public Law 105-78, 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. Section 505, however, is subject to the condition stated in Section 506. Specifically, Section 506 states that after March 31, 1998, a program for exchanging needles and syringes for used hypodermic needles and syringes may be carried out in a community if: (1) the Secretary of Health and Human Services determines that exchange projects are effective in preventing the spread of HIV and do not encourage the use of illegal drugs; and (2) the project is operated in accordance with criteria established by the Secretary for preventing the spread of HIV and for ensuring that the project does not encourage the use of illegal drugs.
ARTICLE H. . PRESS RELEASES
Pursuant to Section 508 of Public Law 105-78, 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 that: (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.
PART II--CONTRACT CLAUSES
The following pages contain a list of General Clauses which would be apply to a negotiated cost-reimbursement contract with an EDUCATIONAL INSTITUTION; However, the organizational stucture of the sucessful offeror(s) will determine the specific list of General Clauses to be contained in the contract(s) awarded from this RFP. While most of the clauses are the same, if you would like a copy of the clauses that would be applicable to your organization, please contact the Contracting Officer identified in the RFP solicitation. The text of the referenced clauses can be found via GSA's FAR Quick Reference Web Site
SECTION I--CONTRACT CLAUSES
ARTICLE I.1. GENERAL CLAUSES FOR A NEGOTIATED COST-REIMBURSEMENT CONTRACT WITH EDUCATIONAL INSTITUTIONS--CLAUSES INCORPORATED BY REFERENCE (APRIL 1984)
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 (JUN 1988)].
| FAR CLAUSE NO. |
TITLE AND DATE | |
| 52.202-1 | Definitions (OCT 1995) | |
| 52.203-3 | Gratuities (APR 1984) | |
| 52.203-5 | Covenant Against Contingent Fees (APR 1984) | |
| 52.203-6 | Restrictions on Subcontractor Sales to the Government (JUL 1995) | |
| 52.203-7 | Anti-Kickback Procedures (JUL 1995) | |
| 52.203-8 | Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (JAN 1997) | |
| 52.203-10 | Price or Fee Adjustment for Illegal or Improper Activity (JAN 1997) | |
| 52.203-12 | Limitation on Payments to Influence Certain Federal Transactions (Over $100,000) (JUN 1997) | |
| 52.204-4 | Printing/Copying Double-Sided on Recycled Paper (JUN 1996) | |
| 52.209-6 | Protecting the Government's Interests when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (JUL 1995) | |
| 52.215-2 | Audit and Records-Negotiation (JUNE 1999)--Alternate II (APRIL 1998) | |
| 52.215-8 | Order of Precedence--Uniform Contract Format (OCT 1997) | |
| 52.215-14 | Integrity of Unit Prices (OCT 1997) | |
| 52.215-15 | Pension Adjustments and Assets Reversion (DEC 1998) | |
| 52.215-18 | Reversion or Adjustment of Plans for Post Retirement Benefits (PRB) Other Than Pensions (OCT 1997) | |
| 52.215-21 | Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data--Modifications (OCT 1997) |
[Paragraph (a) of the following clause is modified to delete the words "Subpart 31.2" and to add the words "Subpart 31.3."]
| 52.216-7 | Allowable Cost and Payment (MARCH 2000) | |
| 52.216-11 | Cost Contract--No Fee (APR 1984) | |
| 52.216-15 | Predetermined Indirect Cost Rates (AUG 1984) | |
| 52.219-8 | Utilization of Small Business Concerns (OCTOBER 1999) | |
| 52.219-9 | Small Business Subcontracting Plan (OCTOBER 1999) | |
| 52.219-16 | Liquidated Damages--Subcontracting Plan (Over $500,000) (JAN 1999) | |
| 52.222-2 | Payment for Overtime Premium (Over $100,000) (JUL 1990) (NOTE: The dollar amount in paragraph (a) of this clause is $0 unless otherwise specified in the contract.) | |
| 52.222-3 | Convict Labor (AUG 1996) | |
| 52.222-26 | Equal Opportunity (FEB 1999) | |
| 52.222-35 | Affirmative Action for Disabled Veterans and Veterans of the Vietnam Era (APRIL 1998) |
|
| 52.222-26 | Affirmative Action for Handicapped Workers (APR 1984) | |
| 52.222-37 | Employment Reports on Disabled Veterans and Veterans of the Vietnam Era (JAN 1999) |
|
| 52.223-2 | Clean Air and Water (Over $100,000 (APR 1984) | |
| 52.223-6 | Drug-Free Workplace (JAN 1997) | |
| 52.223-14 | Toxic Chemical Release Reporting (OCT 1996) | |
| 52.225-11 | Restrictions on Certain Foreign Purchases (AUG 1998) | |
| 52.227-1 | Authorization and Consent (JUL 1995)--Alternate I (APR 1984) | |
| 52.227-1 | Notice and Assistance Regarding Patent and Copyright Infringement (AUG 1996) | |
| 52.227-11 | Patent Rights--Retention by the Contractor (Short Form) (JUN 1989) 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. | |
| 52.227-14 | Rights in Data--General (JUN 1987)--Alternate IV (JUN 1987) | |
| 52.232-9 | Limitation on Withholding of Payments (APR 1984) | |
| 52.232-20 | Limitation of Cost (APR 1984) | |
| 52.232-23 | Assignment of Claims (JAN 1986) | |
| 52.232-25 | Prompt Payment (JUN 1997) | |
| 52.232-34 | Electronic Funds Transfer - Other Than Central Contractor Registration (MAY 1999) | |
| 52.233-1 | Disputes (DEC 1998) | |
| 52.233-3 | Protest After Award (AUG 1996) With Alternate I (JUN 1985) | |
| 52.242-1 | Notice of Intent to Disallow Costs (APR 1984) | |
| 52.242-3 | Penalties for Unallowable Costs (OCT 1995) (Over $500,000) | |
| 52.242-4 | Certification of Final Indirect Costs (JAN 1997) | |
| 52.242-13 | Bankruptcy (JUL 1995) | |
| 52.244-2 | Subcontracts (AUG 1998) Alternate II (Aug 1998):*If written consent to subcontract is required, the identified subcontracts are listed in ARTICLE B, Advance Understandings. | |
| 52.244-5 | Competition in Subcontracting (DEC 1996) | |
| 52.245-5 | Government Property (Cost-Reimbursement, Time-and-Material, Labor-Hour Contract) (JAN 1986)--Alternate I (JUL 1985) | |
| 52.246-23 | Limitation of Liability (FEB 1997) | |
| 52.249-5 | Termination for Convenience of the Government (Educational and Other Nonprofit Institutions) (SEP 1996) | |
| 52.253-1 | Computer Generated Forms (JAN 1991) |
| HHSAR CLAUSE NO. |
TITLE AND DATE | |
| 352.202-1 | Definitions (OCT 1995)--Alternate I (APR 1984) | |
| 352.228-7 | Insurance--Liability to Third Persons (DEC 1991) | |
| 352.232-9 | Withholding of Contract Payments (APR 1984) | |
| 352.233-70 | Litigation and Claims (APR 1984) | |
| 352.242-71 | Final Decisions on Audit Findings (APR 1984) | |
| 352.249-14 | Excusable Delays (APR 1984) | |
| 352.270-5 | Key Personnel (APR 1984) | |
| 352.270-6 | Publication and Publicity (JUL 1991) | |
| 352.270-7 | Paperwork Reduction Act (APR 1984) |
[End of GENERAL CLAUSES FOR A NEGOTIATED COST-REIMBURSEMENT CONTRACT WITH EDUCATIONAL INSTITUTIONS.]
ARTICLE I.2. AUTHORIZED SUBSTITUTIONS OF CLAUSES
Any authorized substitutions and/or modifications to the General Clauses will be based on the type of Contract/Contractor and will be determined during negotiations. (Contact the Contracting Officer if you have any questions about the clauses that may be applicable.)
ARTICLE I.3. ADDITIONAL CONTRACT CLAUSES
Additional clauses will be based on the type of contract/Contractor and will be determined during negotiations.
Any contract awarded from this solicitation will contain Federal Acquisition Regulation, Health and Human Services Acquisition Regulation, and NIH clauses. Examples include 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.
- FEDERAL ACQUISITION REGULATION (FAR)(48 CFR CHAPTER 1) CLAUSES:
- FAR 52.219-3 - Notice of Total HUBZone Set-Aside. (JAN 1999)
- FAR 52.219-4 - Notice of Price Evaluation Preference for HUBZone Small Business Concerns. (JAN 1999)
- FAR 52.219-6, Notice of Total Small Business Set-Aside (JUL 1996).
- FAR 52.219-14, Limitation on Subcontracting (DEC 1996).
- FAR 52.219-23 - Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.
(OCT 1998)- FAR 52.224-1, Privacy Act Notification (APR 1984).
- FAR 52.224-2, Privacy Act (APR 1984).
- FAR 52.225-21, Buy American Act--North American Free Trade Agreement Implementation Act--Balance of Payments Program (JAN 1997).
- FAR 52.227-14 through 52.227-23, Rights in Data Clauses (JUN 1987). It is anticipated that the resultant contract will require the inclusion of a Rights in Data Clause. The appropriate clause will be determined during negotiation.
- . FAR 52.243-2, Changes--Cost Reimbursement (AUGUST 1987), Alternate V (APR 1984).
- . FAR 52.230-5, Cost Accounting Standards, Educational Institution (APR 1996).
- . FAR 52.230-6, Administration of Cost Accounting Standards (APR 1996).
- DEPARTMENT OF HEALTH AND HUMAN SERVICES ACQUISITION REGULATION/PUBLIC HEALTH SERVICE ACQUISITION REGULATION (HHSAR) (PHSAR) (48 CFR CHAPTER 3) CLAUSES:
- HHSAR 352.270-1, Accessibility of Meetings, Conferences, and Seminars to persons with Disabilities (APR 1984).
- PHSAR 352.223-70, Safety and Health (Deviation)(AUG 1997), is hereby incorporated in full text. See Part III, Section J.
- PHSAR 352.280-1b, Protection of Human Subjects (OCT 1986).
- NATIONAL INSTITUTES OF HEALTH (NIH) RESEARCH CONTRACTING (RC) CLAUSES:
- NIH(RC)-7, Procurement of Certain Equipment (APR 1984) (OMB Bulletin 81-16).
- NIH(RC)-11, Research Patient Care Costs (4/1/84).
ARTICLE I.4. ADDITIONAL FAR CONTRACT CLAUSES INCLUDED IN FULL TEXT
Additional clauses which are based on the type of contract/Contractor shall be determined during negotiations. Any contract awarded from this solicitation will contain some clauses in full text. Examples are not shown in full text, but might include the following:
This contract incorporates the following clauses in full text.
FEDERAL ACQUISITION REGULATION (FAR)(48 CFR CHAPTER 1) CLAUSES:
- FAR Clause 52.219-3 - Notice of Total HUBZone Set-Aside. (JAN 1999)
- FAR Clause 52.219-18, Notification of Competition Limited to Eligible 8(a) Concerns (JAN 1997)
- FAR Clause 52.225-9, Trade Agreements Act (Deviation)
- FAR Clause 52.232-36, Payment by Third Party (MAY 1999)
- FAR Clause 52.232-37, Multiple Payment Arrangements (MAY 1999)
- FAR Clause 52.244-6, Subcontracts for Commercial Items and Commercial Components (April 1998)
PART III--LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS
SECTION J--LIST OF ATTACHMENTS
**** (THE ATTACHMENTS LISTED BELOW ARE EXAMPLES OF THE TYPES OF ATTACHMENTS THAT WILL BE INCLUDED IN THIS SECTION.) ****
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