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SECTION J - LIST OF' ATTACHMENTS

In addition to the List of Attachments included under Section J of the NIH Federal (Public) Information

& Cornmtmicatmn Services (PIGS), IDIQ Task Order Contract 263-01-D-0 168, the following

attachments are hereby incorporated in this contract.

1. InvoiceRinancing Request and Contract Financial Reporting Instructions for NIH Cost- Reimbursement Type Contracts, NIH(RC)-4, (5/97), 5 pages.

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2.

NIH-(RC)-7,Procurement of Certain Equipment (APRIL 1984)

SECTIONK - REPRESENTATIONS AND CERTIFICATIONS

Reference NIH Federal (Public) Information & Communication Services (PICS), IDIQ Task Order Contract 263-01-D-0 168.

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AWARDICONTRACT

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5. ISSUEDBY

National Cancer Institute - Research Contracts Branch, TBSS Executive Plaza South, Suite 600, Room 6001 6120 Executive BIydAWC 7f93- - -- - Bethesda Maryland 20892-7193

cOyl 261037010

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12/01/2002

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ADmTERED BY (If&

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Center for Cancer Research (lU?PNo. NO2RC3701&30 )

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.

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Contract No. N02-RC-37010

DETAILED TABLE OF CONTRACT CONTENTS

- -- - z- - - SECTION A - SOLlClTATlONlCONTRACT FORM 1 ~- SECTION B
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SECTION A - SOLlClTATlONlCONTRACT FORM
1
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SECTION B - SUPPLIES OR SERVICES AND PRlCESlCOSTS
;
3
.
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SECTION C - DESCRlPTlONlSPEClFlCATlONSMlORKSTATEMENT
6

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

SECTION I-CONTRACT CLAUSES

r~

:

SECTION J - LIST OF ATTACHMENTS

SECTION K - REPRESENTATIONSAND CERTIFICATIONS

 

10

10

10

12

15

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:

17

19

19

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Coniiact No. N02-RC-37010

SECTION B - SUPPLIES OR SERVICES AND PRICESICOSTS

ARTICLE B.1.

BRIEF DESCRIPTION OF SUPPLIES OR SERVICES

A

The purpose of this contract is toprovide comprehensive support and staffing for the Center for Cancer Research (CCR), Clinical Studies Support Center (CSSC) outreach and patient recruitment effort, which includes a Call Center that responds to bi-lingual phone ad e-mail inquiries. See Article C.I., Statement of Work, and all terms and conditions as negotiated herein and under the NIH Federal (Public) Information & Communications Services (PICS), IDIQ, Task Order Contract 263-01-D-0168.

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ARTICLE B.2. ESTIMATED COST AND FIXED FEE

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a. The estimated cost of the BASE YEAR of this contract is 5

-

by

.r

.rx -

b. The fixed fee for the BASE YEAR of this contract is b3 .The fixed fee shall be paid in installments based on the percentage of completion of work, as determined by the Contracting Officer, and subject to the withholding provisions of the cbyses ALLOWABLE COST AND PAYMENT and FIXED FEE referenced in the General Clause Listing in Part II, ARTICLE 1.1. of the NIH Federal Information & Communications Services, IDIQ, Task Order Contract 263-01-D-0168. Payment of fixed fee shall not be made in less than monthly increments.

c. .The Government's obligation, represented by the sum of the estimated cost plus the fixed fee for the BASE YEAR is $1,522,522.

d. If the Government exercises its option pursuant to ARTICLE H.4. of this contract, the Government's total obligation represented by the sum of the estimated co~tplus the fixed fee will be increased as follows:

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.-

--

-

-

4

+ -1

-

-

-.

-a

-

--

Estimated Cost

= ($1

Base Period 12/01/02 - 11130103

Option Period(s)

12101103 - 11130104

12101104 - 1I130105

2/01/05-11130/06$~

$

$

$

12/01106 - 11130107

Total

-

[Base Period and Options]

$

-

-

Fixed Fee

($)

$

--

=

Contiact No. NO2-RC-37010

Estimated Cost Plus Fixed Fee

($1

$1,522,522

$

$

:

$;

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--

,

- * -

-

e. Total funds currently availahl~fnr payment and allotted to this contract are

$1.522-522of which $

L/

represents the estimated costs, and of which

LIIVII

bq

epresents the llnau ree. For further provisions on funding, see the

I n I 1r3NOF FUNDS clause referenced in Part II, ARTICLE 1.2. Authorized '

Substitutions of Clauses of the NIH Federal (Public) Information & Communications

Services (PICS), IDIQ, Task Order PICS Contract 263-01-D-0168.

.

f. It is estimated that the amount currently allotted will cover performance of the contract through Noveder 30,20J3.

*

g.
p

The Contracting Officer may allot additional funds to the contract without the

concurrence of the Contractor.

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ARTICLE BT3. PROVISIONS APPLICABLE TO DIRECT COSTS

a. Items lhpallowable Unless Otherwise Provided

Notwithstanding the clauses, ALLOWABLE COST AND PAYMENT,and FIXED FEE, 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)

(2) Special rearrangement or alteration of facilities;

Acquisition, by purchase or lease, of any interest in real property;

(3)

Purchase or lease of any item of general purpose ofice furniture or office

(4)

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.); Travel to attend general scientific meetings; =

(5)

Foreign travel;

(6)

Consultant costs;

(7)

Subcontracts;

(8)

Patient care costs;

(9)

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

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-

-

-

-

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b. Travel Costs

(1) Domestic Travel

(a)

Total expenditures for domestic travel (transportation, lodging, subsistence and incidental expenses) incurred in direct performance of this contract

shall not exceed Contracting Officer.--

b.f

vithout the prior written approval of the

)

The Contractor shall invoiEe and be reimbursed for all travel costs in

accordance with Federal Acquisition Regulations (FAR) 31.205-46.

c. Government Discount Air Travel Rates

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*

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Reference NIH Federal (Public) Information & Communications Services (PICS), IDIQ, Task Order Contract 263-01-D-0168.

Contract No. N02-RC-37010

SECTION C - DESCRlPTlONiSPEClFlCATlONSMlORK STATEMENT

ARTICLE C.?.STATEMENT OF WORK

a. Independently and not as artagent of the Government, and in accordance with the terms and conditions of the NIH Federal Informatioh& Communications Services, IDIQ, Task Order Contract 263-01-D-0168, 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 below:

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The Contractor shall:

Provide a comprehensive outreach strategy that will facilitate the accrual of new patients to NCI clinical studies and also increase the public's awareness about the NCI Intramural program. The following are specific tasks as they relate to this effort.

-

1)

Enhance communications among the extramural community and the NCI in order

to increase patient referrals to the NCI. This will include educating the extramural community, managed care companies, cancer center directors and other referringt = physicians about the NCI clinical studies program. This will also include educating the general public and potential patients about the importance of clinical studies, specifically those conducted at NCI.

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The contractor shall make contact with physicians, hospitals, and other health care providers (HCPs) within the Washington metropolitan area (generally within approximately a 90 mile radius of NIH as well as possible targeted physicians outside of this radius) for the purpose of educating these individuals about NCI clinical studies and the referral process. This will include meetings and coordination of speaking engagements, materials development and mailings, correspondence on behalf of NCI, development and delivery of- informational brochures, development and placement of

-- print and .-media advertisemhts, and facilitate media coverage when appropriate.

:

2)

provide recommendations on successful and unsuccessful efforts and describe why (this

includes media coverage).

Investigate past and existing recruitment strategies which have been used and

Conduct interviewslmeetings with NCI staff and select principal investigators to

assess what recruitment strategies have been used andlor are needed.

- Review existing reports and audits and provide recommendations for new, innovative solutions to current recruitment problems.

~on&ct No. N02-R C-37010

Provide recommendations on successful=andunsuccessful efforts. If requested by the Director, CCR, provide written report on strategies from the past, current, or =suggestions. =

3)

Assess the needs of HCPs. (i.e. clinics, hospitals, private practices) to

determine what resources~louldbe required to enable participation and referral of patients to NCl's clinical program and provide a plan to the Project OfficerIDirector, -- Outreach and Patient Recruitment for overcoming any barriers to participation. Conduct interviews or meetings as mandated by the Director, Outreach and Patient Recruitment, CCR, with extramural HCPs to determine what their experience has been in patient referral to NCI. This will include convening several small focus groups (2-5) or coordinating a one-day seminar attended by interested physicianladvocateslhealthcare professionals.

I

Develop a marketing plan to assist NCI in increasing~roviderreferrals which might include I)development of presentations to showcase intramural research efforts - * - to managed care companies to that the referral option is a competitive advantage, 2) l'plementation of a media campaign to place news articles on NCI in targeted medical journals, 3) Design and placement of print or broadcast public service or paid advertisements, 4) Developmentor expansion of a newsletter for the extramural community to' provide information about protocols and longer term -- directions, 5) Coordination of a series of roundtable discussions with managed care directors and NCI leadership.

-

4)

of CCR investigators to promote and recruit patients for NCI clinical trials. Promotion

strategies should be programmatic whenever possible, crossing branches to showcase multiple treatment options rather than stand-alone studies. Support may include some or all of the following:

Promote selected clinical trials. The contractor will work with individual or groups

Development of as many as 20-40 mailings, 2-8 pamphlets or brochures, print advertisements, public service announcements, web materials, and other

appropriate material-&outlining

reqsuirements,contact(s), etc.

the services of CSSC, trial, participation

=

--- --A

--

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- Coordinate meetings with appropriate referring physicians, health care groups, etc.

- -

to promote the trial(s).

Track success of various methods used to target each group. Develop a best method to target specific patient populations, physicians, etc. for distribution to CCR investigators.

contract No. N02-RC-37010

5)

and phone calls to the CSSC nationwide, toll-free number, 1-888-NCI-1937from HCPs, patientq*rel&es, friends and others concerning specific NCI clinical trials or requests for information about the availability of trials linked to specific types of cancer. The individuals answering the toll-free phones must have knowledge of medical terminology

provide manpower and equipment to answer and respond to emails to the CSSC

= and include at least one registered nurse with knowledge of clinical trials. A staffing contingency plan should be provided to identify how staffing shortages and excesses will be addressed. Methods to provide quality assurance regarding the handling and monitoring of telephone and email inquiries should be addressed. The source of cancer clinical trial information should be cancer.govlPDQ, NCI Office of Cancer Communication, and possibly other NCIINIH information systems as needed. Occasionally (likely <I= 25 trials) the contractor will be required to screen callers requesting information about a specific clinical trial. If requested to do so, CCR will provide the contractor with a list of specific questions relating to that protocol. The contractor will provide this information to the appropriate pri~cipalinvestigator or team in a secure manner.

The contracfor will also be expected to develop and mail or fax information packets

containing potential studies based upon basic screening information obtained from email

or phone inquiries.

>:

=

z=

The contractor is expected to conduct follow up calls andlor send letterslemail to referring physicians and potential patients to be sure their contact with NCI staff was successful andlor meaningful. Report on numbers of phone calls received from referring physicians and patients, report on numbers of referrals leading to registration to NCI protocols and enter all screening information into a secure and confidential database for the purpose of tracking accrual and evaluating marketing strategies.

6) Enhancecommunicationsamong NCI intramural community in orderto provide cross LaboratoryIBranch patient referral networks. This could include traininb, seminars, work groups,writinglediting newsletters, and makingsure.printmaterialsare availableonthe CCR clinical trails web portal. The contractor will also work with the Director, Outreach and Patient Recruitment,througpae Project Officer and staff to initiate and coordinatethis effort, :

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I

7)

Assess current communication systems within the NCI and NIH to developlmaintain

a user-friendly environment for referring physicians and the general public. Provide

recommendations to the Project Officer in writing.

8)

coordinate and implement outreach efforts. Special emphasis will be placed on the

These efforts should include the

inclusion of minorities,women and underservedpopulations in.studiesof diseases, disorders

and conditions that disproportionately affect them.

~onthctNo. N02-RC-3 7010

developme~ofbi-lingualbrochu~es(EnglishandSpanish), descriptions of clinicaltrials, etc., hiring required bi-lingual(Spanishspeaking) individualsto answerthe toll-free phone line and provideiinkages to resources that serve these groups.

-.

Coordinate and provide meeting support. as described in the basic contract.

- Examples of such meetings will include an annual CME conference targeting local

CEU for local community based nurses, and a half-day meeting targeting

9)

physicians, a

regional cancer advocacy groups.

ARTICLE C.2. REPORTING REQUIREMENTS

a. Technical Reports

&

Communications Services, IDIQ, Task Order Contrack263-01-D-0168 and the other terms of this contract, the Contractor shall prepare and submit the following reports in the manner stated below and in accordance with ARTICLE F.2. DELIVERIES of this contract:

In

addition

to

those

reports required

by

the

NIH - Federal

Information

1) Monthly Progress Report

-0 -:

-- -.-

This report shall include a descriptionof the activities during the reporting period, and the activities planned for the ensuing reporting period. The first reporting period consists of the first full month of performance, plus any fractional part of the initial month.

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2)

Final Progress Report

This report shall consist of the work performed and results obtained for the entire contract period of performance as stated in Section F. of this contract. This report shall be in sufficient detail to describe comprehensively the results achieved. The Final Report shall besubmitted on or before the last day of the contract performance period.

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r

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b. Other Reports/Deliverables

(1)

(2)

(3)

(4)

Outreach ~arketingPlan and

Written and/or broadcast public service announcements. Written report on recommendationsconcerning communicationssystems for patient referral in Article C.1. W-ritteninformationalbrochures, advertisements,newsletters, correspondence, materials development as referred in Article C.1.

Implementation as stated above in Article C.1.

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(5)

(6)

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Written analysis of patient referrals All reports as required by the base contract.

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~oniractNo. N02-R C-37010

c. Deliveries required by the contractor shall be made f.0.b. destination as set forth in FAR 52.247-35, F.O.B. DESTINATION, WITHIN CONSIGNEES PREMISES (APRIL 1984) to the addressladdressee listed below:

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SECTION D - PACKAGING, MARKING AND SHIPPING

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

- SECTION E - INSPECTION AND ACCEPTANCE

=

~eferenceNIH Federal Information & Communications Services, IDIP, Task Order Contract 263-01-D-0168.

SECTION F - DELIVERIES OR PERFORMANCE

In addition to the Article(s) incorporated in SECTION F of the NIH Federal Information & Communications Services, IDIQ, Task Order Contract 263-01-D-0168, the following is hereby modifiedladded:

ARTICLE F.1. PERIOD OF PERFORMANCE

a. The period of performance of this contract shall be from 12/01/02 through 11/30/03.

%

b. If the Government exercises its option(s) pursuant to Article H.4. of this contract, the period of performanc&will be increased as listed below:

3 .- ARTICLE F.2. DELIVERIES

a

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

- -

ltem

-

Description

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--.--

,

-

I

Monthly Progress Report

2

Outreach Marketing Plan-

3

Broadcast Public Service Announcements

4

Written informational brochures, etc.

5

Written analysis of patient referrals

Contract No. N02-RC-3 7010

Quantity

Delivery Schedule

4

determined by PO

2

determined by PO

2

determined by PO

2

determined by PO

2

determined by PO

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a. The items specified below as described in SECTION C, ARTICLE C.3. will be required to be delivered F.O.B. Destination as set forth in FAR 52.247-35, F.O.B.

DESTINATION, WITHIN CONSIGNEES PREMISES (APRIL 1984). , and in accordance with and by the date(s) specified below and any specifications stated in SECTION D, PACKAGING, MARKING AND SHIPPING, of the contract:

b. The above items shall be addressed and delivered to:

Addressee

Deliverable ltem No.

-:fl .-.-

Quantity

-- -.

Sharon Desmond

 

1

1 copy each

Project Officer/Task Order Monitor National Cancer Institute, NIH

2 - 5

9000

Rockville Pike

Building 10, Room12N210 Bethesda, Maryland 20892

 

Elsa B. Carlton

-

s

 

1

1 Original

 

,Contracting Officer

 

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National Cancer Institute Research Contracts Branch Executive Plaza South, Room 6048

=

= s

6120 Executive Plaza MSC7193

Bethesda, Maryland 20892-7193

contract No. N02-RC-3 7010

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

--

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This contract incorporatesthe following clause by reference, with the same force and effect

as if it were given in full text. Upon request, the Contracting Officer will make its full text

= available. Also, the full text of aslause may be accessed electronically at this address:

http:llwww.arnet.gov/far/.

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a. Reference Article F.4. of the NIH Federal lnformation & Communications Services, IDIQ, Task Order Contract 263-01-D-0168.

SECTION G - CONTRACT ADMINISTRATION DATA

In addition to the Article(s) incorporated in SECTION G of the NIH Federal lnformation & Communications Services, IDIQ, Task Order Contract 263-01-D-0168, the following is hereby modifiedladded

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ARTICLE G.1'. PROJECT OFFICER /TASK ORDER MONITOR

The following Project Officerrrask Order Monitor will -represent the ~overnmerr6-frs~the purpose of this contract:

Sharon Desmond - Project Officer

The Project OfTicerrrask Order Monitor 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.-

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The Contracting Officer is the only persoh 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.

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The Government may unilaterallychange its ProjectOfficerrrask Order Monitordesignation.

ARTICLE C2. KEY PERSONNEL

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contract No. N02-RC-3 7010

Pu~suantto h Key Personnelclause incorporatedinthis contract,the followingindividual(s) islare considered to be essential to the work being performed hereunder:

Name

--

Title

Lisa Marquette

Sona Thakkar

Project Director Deputy Project Officer

Project Director Deputy Project Officer

ARTICLE G.3.

INVOICE SUBMISSIONICONTRACT FINANCING REQUEST AND

CONTRACT FINANCIAL REPORT

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

These instructions also provide for the submission of financial and personnel

reporting required by HHSAR 342.7002.

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(1)

Invoiceslfinancing requests shall be submitted as follows:

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

Elsa B. Carlton Contracting Officer Research Contracts Branch National Cancer Institute, NIH Executive Plaza South (EPS) Room 6048 6120 EXECUTIVE BLVD MSC7193 EW~~~~~MD 20892-7193

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.

(2)

Inquiries regarding payment of invoices should be directed to the designated

billing office, (301)496-8620.

ARTICLE G.4. POST AWARD EVALUATION OF CONTRACTOR PERFORMANCE

a. Contractor Performance Evaluations

/

Interim and final evaluations of contractor performance will be prepared on this

13

ConfiactNo. hTO2-RC-37010

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

.--.

Interim and final evaluations will be provided to the Contractor as soon as practicable after completion of the eva'luation. 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 reviewcomments, if any, will be retained as part of the contract file, and may be used to support future award decisions.

;b.

Electronic Access to Contractor Performance ~viluatLns

.

.

.

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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:

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-=

http:llocm.od.nih.qov/cdm~/c~scontractor.htm

The registration process requiresthe contractor to identify an individualthat 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 primarycontact is unavailableto processthe evaluationwithin the required 30-day time frame.

SECTION H - SPECIAL CONTRACT REQUIREMENTS -

,.

-

-

:

In addition to the Article(s) incorporated in SECTION H of the NIH Federal Information €4 Communications Services, IMQ, Task Brder Contract 263-01-0-0168, the following is hereby modifiedladded:

-

ARTICLE H.1. 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 byor to the Governmentunderthis contract,or any subsequentmodification

14

Contract No. N02-RC-3 7010

of such material, will be used by the Confractor or made available by the Contractor for use by anyone other than the Government, for experimental or therapeutic use -int/olunrg humahs without the prior written approval of the Contracting Officer.

ARTICLE H.2. NEEDLE EXCHANGE

--

a. Pursuant to Public Law@)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.

b. Public Law

and Section No.

Fiscal Year

Period Covered

[Upon passage of the FY03 Appropriations Bill, the appropriate language will be added]

ARTICLE H.3.

PRESS RELEASES

-

a. ~ursiantto 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 percentageof the total costs of the prqm or project which will be financed with Federal money; (2) the dollar amount of Federal funds for the project or program; and (3) the percentageand dollar amount of the total costs of the project or program that will be financed by nongovernmentalsources.

b.

.

Public Law and Section No.

[Upon passage of the FY03 Appropriations Bill, the appropriate language will be added]

Fiscal Year

Period Covered

ARTICLE H.4. OPTION PROVISION

Unless the Governmht exercises its option pursuant to the Option Clause set forth

. in ARTICLE 1.3., the contract will Eonsist only of YEAR I of the Statement of Work as

defined in Sections C and F of the contract. Pursuantto clause 52.217-9 set forth in in this contract, the Government may, by unilateral contract modification, require the Contractor to perform up to five (5) years of the Statement of Work as also defined

in Sections C and F of the contract.

If the Government exercises this option, notice

must be given prior to the expiration date of this contract, and the estimated cost plus fixed fee of the contract will be increased as set forth in ARTICLE B.2.

ARTICLE H.5. PUBLICATION AND PUBLICIW

L

contract No. N02-RC-37010

The mntrackw 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 National Cancer Institute, National Institutes of Health, under Contract No. N02-RC-37010 awarded under NIH Federal lnformation & Communications Services, IDIQ, Task Order Contract 263-01-D-0168.

In addition, The Contractor agrees that they shall not publish, have published or otherwise disseminate any information of whatever nature resulting from the work being performed under this contract without prior approval in writing from the NCI Project Officer, to whom they shall submit a copy of any manuscriptor other document proposed for publication, and that published material will bear acknowledgmentof Governmentsupport in the manner and --- form prescribed by the NCI Project Officer. Release of data files and tapes containing files is not permitted unless approved in writing by the NCI Project Officer.

SECTION I- CONTRACT CLAUSES

::

NIH Federal lnformation &

Communications Services, IDIQ,Task Order Contract263-01-D-0168, the following clauses

xe hereby incorporated in this contract:

In addition to the clauses included under Section I of the

ARTICLE 1.3. ADDITIONAL CONTRACT CLAUSES

This contract incorporatesthe following clauses by reference,with the same force and effect, as if they were given infull text. Upon request, the contracting officerwill make their full text availabk

-

.-

--- --

-

-

-

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

-

-

(1)

(2)

(3)

FAR 52.215-17, Waiver of Facilities Capital Cost of Money (OCTOBER 1997).

FAR 52.217-2, Cancellation Under Multiyear Contracts (JULY 1996).

FAR 52.217-9, Option to Extend the Term of the Contract (MARCH 2000).

~on$actNo. N02-RC-3 7010

"(a) The Government may extend the term of this contract provided that the Government gives the Contractor a preliminary written notice of its

. _-- -intent to extend at least 60 CALENDAR DAYS before the contract expires. The preliminarynotice does not commit the Government to an extension.

. .

- -

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 MONTHS."

(4)

(6)

(7)

(8)

FAR 52.227-14, Rights in Data - General (JUNE 1987).

FAR 52.232-19, Availability of Funds for the Next Fiscal Year (APRIL 1984).

"Funds are not presentlyavailablefor performance underthis contract beyond November 30,2003."

--

No "

for performance under this contract beyond November 30,2003"

legal liabilityon the part of the Government for any payment may arise

HHSAR 352.224-70, Confidentiality of Information (APRIL 1984).

ZZzS

--

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

--

- *.

4 -

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

The following clauses are attached and made a part of this contract:

.

=

(1)

-

WIH (RC)-7, Procurement of Certain Equipment (APRIL 1984) (OMB Bulletin

81-16).

-

-

I P

*

--.--

--

--

ARTICLE 1.4. ADDITIONAL FAR CONTRACT CLAUSES INCLUDED IN FULL TEXT

=

?=

This contract incorporates the following clauses in full text.

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

a. FAR Clause 52.244-6, SUBCONTRACTS FOR COMMERCIAL ITEMS (MAY 2002)

.

-

-

Definitions. As used in this clause--

Contract No. N02-RC-3 7010

-Commeicial ifem, 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. --

-

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.

The Contractor shall insert the following clauses in subcontracts for commercial items:

(1)

(2)

(i)

(ii)

(iii)

(iv)

(v)

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 subewlltmcts that offer subcontracting opportunities. 52.222-26, Equal Opportunity (APR 2002) (E.O. 11246). 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (DEC 2001) (38 U.S.C. 4212(a)). 52.222-36, Affirmative Action for Workers with Disabilities(JUN 1998) (29 U.S.C. 793). 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (JUN 2000) (46 U.S.C. Appx 1241) (flowdownnot requiredfor subcontracts awarded beginningMay

I+1996).

- -

-- --

 

-

-

-

While not required,=the Contractor may flow down to subcontracts for commercial items a minimal number of additional clauses necessaryto satisfy its contractual obligations.

-

(dl The Contractor shall include the terms of this clause, including this paragraph (d), in subcontracts awarded under this contract.

~ongactNo. N02-R C-37010

SECTION J-LIST OF ATTACHMENTS - In addition to the List of Attachments included under Section J of the NIH Federal lnformation & Communications Services, IDIQ, Task Order GQntraet 263-01-D-0168,the following Attachment is hereby incorporated in this contract:

= I. InvoicelFinancingRequest and Contract FinancialReporting Instructionsfor NIH Cost- ReimbursementType Contracts, NIH(RC)-4, (5/97), 5 pages.

--

SECTION K - REPRESENTATIONS AND CERTIFICATIONS

Reference NIH Federal lnformation & Communications Services, IDIQ, Task Order Contract 263-01-D-0168.

~on6actNo. N02-RC-37010

INSTRUCTIONS FOR NlH COST-REIMf3URSEMENT CONTRACTS. NlH(RC)-4

--

.

.,

General:

illustrated in the sample invoicdfinancing request.

The contractor shall submit claims for reimbursement in the manner and format described herein and as

Format: StandardForm 1034, "Public VoiZher for Purchases and Senices Other Than Personal," and Standard Form

1035, "Public Voucher for Purchases and Services Other Than Personal-- Continuation Sheet," or reproduced copies of

such forms marked ORJGINAL should be used to submit claims for reimbursement. In lieu of SF-1034 and SF-1035, claims may be submitted on the payee's letter-head or self-designed formprovided that it containsthe information shown on the sample invoice/fmancing request.

.Number of Copies: As indicated in the Invoice Submission Clause in the contract.

Frequency: Invoicedfinancingrequests submitted in accordance with the Payment Clause shall be submitted monthly unless otherwise authorized by the contracting officer.

.

=

.

-

-

Cost Incurrence Period: Costs incurred must be within the contract performanceperiod or covered by precontract cost provisions.

-

Billing of Costs Incurred: If billed costs include: (I)costs of a prior bilhgperiod, but not previously billed; or (2) costs incurred during the contract period and claimed after the contract period has expired, the amount and month(s) in which such costs were incurred shallbe cited.

:i

:=&.:= -.

Contractor's Fiscal Year:

identified with the contractox's fiscal year.

Invoices/financing requests shall be prepared in such a manner that costs claimed can be

Currency: All NIH contracts are expressed in United States dollars. When payments are made in a currencyother than United States dollars,billings on the contract shall be expressed,.andpayment by the United States Government shallbe made, in that other currency at amounts coincident with actual costs incurred. Currency fluctuations may not be a basis of gain or loss to the contractor. Notwithstanding the above, the total of all invoices paid under this contract may not exceed the United States dollars authorized.

Costs requiring the contracting officer's approval, which are not set forth in an

Advance Understandingin the contractshallbe so identifiedand referencethe Contracting Officer's Authorization (COA) Number. In addition,any cost set forth in an Advance Understandingshallbe shown as a separateline item on therequest.

Costs Requiring Prior Approval:

--

I

- . = InvoiceJFina~cingRequest Identifimtion: Each @voice/financingrequest shall be identified as either:

= :=

1

(a)

(b)

Interim Invoice/Contract Financing Request - These are interim payment requests submitted during the

contract performance period.

Completion Invoice - The completion invoice is submitted promptly upon completion of the work; but no later than one year fromthe contractcompletion date, or within 120days aftersettlement of the frnal &direct costrates covering the year in which this contract is physically complete (whicheverdate is later). The completion invoice should be submittedwhen all costs have been assigned to the contract and allperfonnance provisions havebeen completed.

contract No. N02-R C-37010

(c) Finailhvoice - A fmal .invoice may be required after the amounts owed have been settled between the Government and the contractor (e.g., resolution of all suspensions and audit exceptions).

---

--

r

s

Preparation and Itemization of the InvoicelFinancing Request: The contractor shall furnish the information set forth in the explanatory notes below. These notes are keyed to the entries on the sample invoice/fmancing request.

-- -

- (a)

(b)

(c)

(d)

(e)

(

(g)

Designated Billing Office Name aad Address - Enter the designated billing office and address, identified in the Invoice Submission Clause of the contract, on all copies of the invoice/fmancingrequest.

InvoicefFinancing Request Number - Insert the appropriate serial number of the invoicdfinancing request.

Date InvoicelFinancing Request Prepared - Insert the date the invoicelfmancing request is prepared.

Contract Number and Date - Insert the contract number and the effective date of the contract.

Payee's Name and Address - Show the contractofs name (as it appears in the contract), correct address, and

When an approved

assignmenthas been made by the contractor, or a differentpayee has been designated,then insert the name and

the title and phone number of the responsible official to whom paysnent is to be sent.

address of the payee instead of the contractor.

a

Total Estimated Cost of Contract - Insert the total estimated cost of the contract, exclusive of fured-fee. For incrementally funded contracts, enter the amount currently obligated andavailable for payment.

Total Eixed-Fee - Insert the total fixed-fee (where

amount currently obligated and available for payment.

applicable).

.For incrementallyfunded contm-~ter

the

--

----- .

(h) Billing Period - Insert the beginning and endingdates (month, day, and year) of the period in which costs were incurred and for which reimbursement is claimed.

(i) Incurred Cost - Current - Insert the amount billed for the major cost elements, adjustments, and adjusted amounts for the current period.

-

(j)

(k)

Incurred Cost -Cumulative- Insert the cumulative amountsbilled for the major cost elementsand adjusted amounts claimed duringthis contract.

Direct Costs - Insert the major cost elements. For each element, consider the application of the paragraph entitled "Costs Requiring Prior- Approval" on page 1 of these instructions.

0)

(2)

(3)

-

-

- -

Direct Labor -Include

For Key Personnel, list each employee on a separate line. List

salaries ad wages paid (or accrued) for lrect performance of the contract.

other employees as one amount unless

otherwise required by the contract.

Fringe Benefits - List any fringe benefits applicable to direct labor and billed as a direct cost. Fringe benefit. included in indirect costs should not be identifiedhere.

Accountable Personal Property - Include permanent research equipment and general purpose equipment having a unit acquisition cost of $1,000 or more and having an expected service life of more than two years, and sensitiveproperty regardless of cost (see the DHHS Contractor'sGuidefor Control

- --

--

--

ContFact No. hT02-RC-37010

- .of Government Property).

,

-

Show permaneat research equipment separate horn general purpose

equipment. Prepare andattach FO~HHS-~~~,"Report of AccountableProperty," in accordance with

the following instructions:

.--. --

List each item for which reimbursement is requested. A reference shall be made to the following (as applicable):

The item numbersfor the specific piece of equipment listed in the Property Schedule.

The Contracting Officer's Authorization letter and number, if the equipment is not covered by the Property Schedule.

Be preceded by an asterisk (*) if the equipment is below the approval level.

(4)

(5)

(6)

(7)

(8)

(9)

Materials and Supplies-Include

life of two years or less, and consumable material and supplies regardless of amount.

equipmentwithunit costs of less than $1,000 or an expectedservice

Premiuni Pay- List remuneration in excess of the bfisic hoinly rate.

Consultant Fee - List fees paid to consultants. Identify consultant by name or category as set forth

- in the contract's Advance Understanding or in the COA letter, as well as the effort (i.e., number of hours, days, etc.) and rate being billed

Travel - Include domestic and foreign travel. Foreign travel is travel outside of Canadarthe United States and its territories and possessions. However, for an organization located outsideCii&ida, the United States and its territories and possessions, foreign travel means travel outside that country. Foreign travel must be billed separately from domestic travel.

-

---

--

Subcontract Costs - List subcontractor(s) by name and amount billed.

Other- List all other direct costs in total unless exceeding$1,000 in amount. If over $1,000, list cost

elements and dollar amounts separately. If the contract contains restrictions on any cost element, cost element must be listed separately.

that

---

--.

(l) Cost of Money (COM) - Cite the COM factor and base in effect during the time the cost was incurred and for which reimbursement is claimed.

(m)

(n)

(0)

Indirect Costs-Overhead+

-

Identlfy the costbase, indirect cost rate, and amount billed for each indirect cost

.

- --

--

cate~ry.

-

Fixed-Fee Earned - Cite the formula or method of computation for the fixed-fee (if any). The fixed-feemust be claimed as provided for by the contract.

 

.

.

-

-

.

Total Amounts Claimed - Insert the total amounts claimed for the cun-entand cumulative periods.

(p) Adjustments - Include amounts conceded by the contractor, outstanding suspensions, andlor disapprovals subject to appeal.

(q)

Gran'dTotals

--

contiact No. hrU2-RC-37010

1

The.cantractingo.fficer.may require the contractor to submit detailed support for costs claimed on one or more

interim'riGoices/financingrequests.

FINANCIAL REPORTING INSTRUCTIONS:

--

These instructions are keyed to the Columns on the sample invoicelhancing request.

Column A-Expenditure

Category - Eater the expenlture categories required by the contract.

Column B-Cumulative

agreed to doing contract negotiations for each employee or labor category listed in Column A.

Percentage of Effort/Hrs.-Negotiated - Enter the percentage of effort or number of hours

Column C-Cumulative

by each employee or labor category listed in Column A.

Percentage of Effort/Hrs.-Actual - Enter the percentage of effort or number of hours worked

Column D-Incurred

Cost-Current - Enter the costs, which were incurred d&ng the cment period.

Column &Inc_urred Cost-Cumulative - Enter the cumulative cost to date.

Column F-Cost

will vary from the amount negotiated. Reahstic estimates are essential.

at Completion - Enter data only when the contractor estimates that a particular expenditure category

-- *

--

.-:

Column G- Contract Amount - Enter the costs agreed to during contract negotiations for all expenditure categories

listed in Column A.

(Over or Under) - Showthe aference between the estimated costs at completion (ColumnF) and

negotiated costs (Column G) when entries have been mde in Column F. This column need not be filled in when Column

Column H-Variance

F is blank. When a he item varies by plus or minus 10 percent, i.e., the percentage arrived at by dividing Column F by

Column G, an explanation of the variance should be submitted. In the case of an overrun (net negative variance), this

submission shall not be deemed as notice under the Limitation of Cost (Funds) Clause of the contract.

~odifications:Any modification in the amount negotiated for an item since the preceding report should be listed in the appropriate cost category.

Expenditures Not Negotiated: An expenditure for an item for which no amount was negotiated (e.g., at the discretion

of the contractor in performance of ig~ontract)should be listed in the appropriate cost category and all columns fded

- in, except for G. Column H will of course show a 1OBpercentvariance and will be explained along with those identified

under H above.

-

II

Contmct No. N02-RC-3 7010

. SAMPLE INVOICEFINANCING REQUESTW

CONTRACTRNANCW REPORT

(a) Billing Office ~ameand Address

'

-

-- - *ATION+&

INSmOFHEALTH

National Cancer Institute,RCB EPS, Room- 6120 EXECUTIVE BLVD MSC

Bethesda, MD 20892-

--

- I

(b) InvoicdFinancing Request

No.

(c) Date Invoice

Prepared

(d)

ContractNo.

(el

Payee's Name and Address ABC CORPORATION 100 Main Street Anywhere, USA zip code

Effective

Date

(0 Total Estimated Cost

II

(Name of Official)

(Title)

* Attach details as specified in the contract

AWARDICONTRACT

2 COKTRACT (Proc. hist Idenl.) NO

I

I

e

1.5HIS CONTRACT IS A

RATED ORDER

ATlNG

UNDER DPAS (15 CFR 350)

- -

OAIB NO. OY904li5

PAGE

1

OF

PAGU

24

3. EFFECTIVEDATE

4 REQUISITION PURCHASEREQUESTPROJECTKO

N02-CO-11008

5. ISSUED BY

National Cancer Institute Research Contracts Branch,

Executive Plaza South,

9000 RockvillePike MSC 7224

Bethesda Maryland 20892-7224 (RFP NO. NO2C011008-36 )

261011008

04/01/2001

COD^

6 ADMINISTERED BY (If other than #tern5)

Assistant Director-OCC Office of Cancer Communications ImmediaG Office of Director

ESS

Room ,620

-

--

.=

1

7. NAME AND ADDRESS~~HECONTRACTOR (No., .meet, city, county, State and ZIP Code)

Matthews Media Group Inc

6101 Executive Blvd

Rockvilk, Maryland 20852

PLACE OF PERFORMANCE: Rockville, Maryland

CODE I

8. DEUVERY

FOB Dcstinatio~i

10. sUBm INVOICES

(4 mpla unlas othuwse spcc~ficd)

TO THE ADDRESS SHOWN IN

CODE

I I

SHIP TOMARK FOR

FACILITY CODE

I

CODE

SEE SECTION C, ARTICLE F.2

13.0~~COhfPJ3llTON

12. PA=

I

WILL BE MADE BY

CODE

2,

- SEE SECTION G, ARTICLE G.4.

14. ACCOUNTING AND MFROPRIATION DATA

FOB Origin

ITEM

SEESECllON G ARTlCLEG. 4 .

I

10 U3.c. 2304(c) (

1SA. ITEM NO.

TITLE:

)

0 41 U.S.C.

253(c) (

)

158. SUPPLIES/SERVICES

CAN1

CAN2

OCCODE

183395f7

25.2E

ISC. QUm

National Cancer Institute Office of Communica ions Support

m

 

DOC NO.

N2C011008A

LOC

1SD.UNIT

1SE LINIT PRlCE

1SF. AMOUNT

CAN1:

S

-

3,150,000

CURRENTOBLIGATION:

CONTRACT PERIOD: :

U4/01/2001

through

02i2612006

CONTRACT TYPE:

Cost-Plus-FixedFee. TERM

I

I

I

I

-

16.

1ISG. TOTALAMOUNT OF CONTRACT

TABLE OF CONT ENTS

X) SEC.

DESCR~~ON

( PAGE@)

(x)ISEC I

DESC~ON

PARTI -THESCHEDULE

PARTn- CO~CTCLAUSES

I "

( S

X

X

X

x

X

X

X

A

B

C

D

E

F

G

X1 H

,

SOLICITATI~NICONTRA~FORM

SUPPLIES OF SERVICESAND PRICESICOSTS DUCIUPTION/SPecSrWORKSTA~

1

4

7

8

8

8

9

-.

x

X

X

1

1

CONTRACTCLAUSES PARTm - LISTOF IXKMENTS, EMBITS

I

I J

I LISTOF ATlACHMEKIS

K

L

--

ANDOTHER A~ACH

PAcKAGlNOANDMARfClNG INSPECTION AND ACCEPTANCE DELNERIES OR PERFORWCE CONTRACT ADMTNlSTRATlONDATA

I SPECIAL CONTRACTREQURFMENTS

PARTIV -REPRESENTATIONS AND INSTRUCTIONS REPRESEKTATJONS,CERTIFICATIONSAND OTHER STATEMENTSOF OFFERORS

INSTRS., CONDS .AND NOTICES TO OFFERORS

-

KUAnON

I -

FACTORS FOR AWARD

I

CONTRACTINGC%FI&ER md 'COMPLETEITEM 17 OR 18 AS APPLICABLE

.

.-

.-

23,102,593

(PAGE(S)

1

(

I

17

23

24

7, IX1

CONTRACTORSNEGOTIATEDAGREEMENT(Contractor is required to sign this docmcl~t

1

copies to issuing office.) ConWw agrees to furnish and deliver all items or

,

118. 1

I

AWARD ( Contractor is not required to sigr~this document.)

anmum

erfonn all I\IC .services SCI fortfi or otbenvisc identified above and on any continuation sliccts for the

Yourxcr on Solicitation Number

, including tl~eadditions or cliangea made by you which additiolls or changes aresel forth in

full above, is hein accepted as to the iten~slisted above and on any contintlation sheas.

This award consummates the contract which

Governmat's solicitation and your offer and (b)tliis sward/unl~ract.No further couuaclual documentis neccssarv

2DA. NAME OF CONTRACTING OFFICER

consists of the following documu~ts:(a) UK

Beverly ~ottWyatt

= arisideratioo slated herein. The rights and obligations of tl~eparties to thiscontract shall be subject to

nd goven~edby the following documents: (a) this awardr'contrsct, (b) the solicitation, if any, and (c)

uch provision%rcprcsentationn, cwtificalions, and specifications, :fereace h'crcio. (Anachments are listed Iterein.)

9

as are a~taclldor incorporated by

AME AND TITLE

F SIGNER (Typt or print)

6016L&~J~~~~~c/k.eP&~J

t

19C DATE SIGNED

2OC. DATE SIGNED

-- -.-

SN 7540-01-152-8069

26107

REVlOUSEDITION UNUSABLE

'GPO

I985 0 -461-275 (418)

~/.i?/k&

rmNLmDFORM 36 (REV 445)

Pleruibcd by GSA

FAR(48CPR) 13 214(a)

Contract No N02-CO- 11008

DETAILED TABLE OF CONTRACT CONTENTS

.

:

.

PART I .THE SCHEDULE

SECTION 'A- SOLICITATION/CONTRACT FORM

=

SECTION B .SUPPLJjBOR S_ERVICES.ANDPRICESICOSTS

--.--.

4

4

4

4

5

7

7

7

8

ARTICLEB.~. BGFDESCRIPTION OF SUPPLIES OR SERVICES ARTICLE B.2. ESTIMATEDCOST AND FEED FEE

ARTICLE B.3. PROVISIONS APPLICABLE TO DIRECT COSTS

ARTICLE B.4. ADVANCE UNDEBSTANDINGS

SECTION C - DESCRIPTION/SPECIFICATIONS/WORKSTATEMENT

ARTICLE C 1 STATEMENTOF WORK

.

.

ARTICLE C.2. REPORTING REQUIREMENTS SECTION D - PACKAGING, MARKING AND SHIPPING SECTION E -INSPECTION AND ACCEPTANCE

SECTION F - DELIVERIES OR PERFORMANCE ARTICLE F.1. PERIOD OF PERFORMANCE ARTICLE F. 2. DELIVERIES ARTICLE F.3. LEVEL OF EFFORT

:

ARTICLE

F.4. CLAUSES INCORPORATED BY REFERENCE

-

. SECTION G .- CONTRACT ADMlNISTFUTION DATA

ARTICLE G 1 PROJECT OFFICER ARTICLE G.2. KEY PERSONNEL

.

.

:

ARTI~LEG.3.

WORK ASSIGNMENT PROCEDURES

8

8

8

-8

 

9

,

9

9

9

.

II

 

,

11

ARTICLE G. 4.

INVOICE SUBMISSIONICONTRACT FINANCING REQUEST AND CONTRACT

FINANCIAL REPORT

ARTICLE

ARTICLE G. 6. POST AWARD EVALUATION OF CONTRACTOR PERFORMANCE

G . 5 . JNDIRECT COST RATES

SECTION H - SPECIAL CONTRACT REQUIREMENTS

.

:

; : .-.,

.-

12

13

13

14

ARTICLE H. 1. REIMBURSEMENT OF COSTS FOR INDEPENDENT RESEARCHAND DEVELOPMENT

PROJECTS

14

ARTICLE H:2. NEEDLE EXCHANGE

14

ARTICLE H. 3. OMB CLEARANCE

14

ARTICLE K . 4. SUBCONTRACTING PROVISIONS

14

ARTICLE H.5. PRESS RELEASES

-15

ARTICLE H.6. REPORTING MATTERS INVOLVING FRAUD, WASTE AND ABUSE

15

 

ARTICLEH

YEAR2000COMPLIANCE

16

 

PART I1 . CONTRACT CLAUSES

17

 

SECTIONI-CONTRACTCLAUSES

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ARTICLE 1.1. GENERAECLAUSES FOR A COST-REIMBURSEMENT SERVICE CONTRACT

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AR~LE1.2 AUTHORIZEDSUBSTITUTION OF CLAUSES

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ARTICLE 1.3.

ADDITIONAL CONTRACT CLAUSES

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ARTICLE 1.4.

ADDITIONAL FAR CONTRACT CLAUSES INCLUDED IN FULL TEXT

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PART III

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SECTION J .LIST OF ATTACHMENTS

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1.

Statement of Work

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2.

Sample Contract Work Assignment

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3. InvoiceFinancing Request and ContractFinancial ReportingInstructions for NIH Cost-ReimbursementType

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Contracts

5. Procurement of Certain Equipment

Contract No. hr02-CO-I 1008

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PARTIV

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SECTION K - REPRESENTATIONS AND CERTIFICATIONS

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1.

Representations and Certifications

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Contract No. N02-CO-1100s

SECTION B - SUPPLIES OR SERVICES AND PRICESICOSTS

ARTICLE B.1. BRIEF DESCRIPTION OF SUPPLIES OR SERVICES

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ARTICLE B.2. ESTIMATED COST AND FIXED PEE

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a The estimated cost of this coniract is I

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b. The fixed fee for this contract is $

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The fee shall be paid in direct ratio to the level of cffort expended; that is,

= the percent of fee paid shall be equal to thqercent of total effort expended. Payment shall be subject to the withholding provisions of the clauses ALLOWABLE COST AND PAYMENT and FIXED FEE referenced in the General Clause Listing in Pat 11, ARTICLE I. 1. of this contract. Payment of fixed fee shall not be made in less than monthly increments.

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c. The Government's obligation, represented by the sum of the estimated cost plus the fixed fee, is $23,102,593.

d. Total funds currently available for payment andallotted to this contract are $3,150,000 , of which b L/ represents

the estimated costs, and of which

LIMITATION OF FUNDS clause rererenced in Part 11, ARTICLE 1.2. Authorized Substitutionsof Clauses.

b+

represents the fixed fee.

For further provisions on funding, see the

e. It i~ estimated that the amount currently allotted will cover performance of the contract through November 8,2001.

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The Contracting Officer may allot additional finds to the contract without the concurrence of the Contractor.

e.

ARTICLE 8.3. PROVISIONS APPLICABLE TO DIRECT COSTS

a. Items Unallowable Unless Otherwise Provided

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

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(1)

(2)

(3)

(4)

Acquisition, by purchase or lease, of any interest in real property;

Special rearrangementar alteration of facilities;

Purchase or lease of any item of general purpose office fbrniture 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.);

Travel to

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attend general scieific meetings;

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(5)

Foreign travel;

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(6)

Consultant costs;

(7)

Subcontracts;

(8)

Patiept care costs,

(9)

Accountable Government property (defined as both real and personal property with an acquisition cast of $1,000 or more and a life expectancy of more than two years) and "sensitiveitems" (defined and listed in the Contractois Guide

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Contract No. N02-CO- 11008

for'conkol of Government Property), 1990, regardless of acquisition value.

b.

Travel Costs

(1)

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~omesticTravel

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Tom expenditibes fordomestic travel (transportation,lodging. sllhpistence,and incidental expenses) incurred

in direct performance of this contract shall not exceed Contracting Officer.

8ithout the prior written approval of the

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The Contractor shall invoice and be reimbursed for all travel costs in accordance with Federal Acquisition Regulations (FAR) 3 1.205-46.

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ARTICLE B.4. ADVANCE UM)ERSTAM)INGS

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

Indirect Costs

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(1)

(2)

In no event shall the final amount reimbursable for Fringe Benefits exceed a ceiling of 34.0% of direct salaries and wages eXcluding vacation, sick pay, and administrative leave. In no event shall the fmal amount reimbursable for Overhead exceed a ceiling of 36% of direct salaries and wages plus fringe benefits. In no event shall the final amount reimbursable for General and Adnlinistrative(G&A) expense exceed a ceiling of 14.3% of the total cost excluding consultants, subcontracts, subcontract administration and G&A expenses. In no event shhl &e final amount reimbursable for Subcontract Administration exceed a ceiling of 5.5% of consultants and subcontracts.

The Government is not obligated to pay any additional amount should the final indirect cost rates exceed these negotiated ceiling rates. In the event that the final indirect cost rates are less than these negotiated ceiling rates, the ha1 negotiated ceiling rates shall be reduced to conform to the lower rates.

Any costs over and above this cost ceiling shall not be reimbursed under this contract or any other Government contract, grant, or cooperative agreement.

(3)

The Contractor shall complete all work in accordance with the Statement of Work, terms and conditions of this contract.

Pre-Contract Costs

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Within the dollar limitation set forth uher SECTION=B,ARTICLE B.2.) the Contractor shall be entitled to reirnhursement

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if incurred after this contract had been entered into, would have been reimbursable under the provisions of this contract.

'for c6sts incliired during the period March 1,2001, through March 3 1,2001, in an amount not to exceed

Subcontract

To negotiate a Cost Plus Fixed Fee (Level of Effort) type subcontractwith Westat for an amount notto exceed

Award of the subcontract shall not proceed without the prior written approval ofthe Contracting Officer upon review of the supponing documentation as required by the Subcontractsclause of the General Clauses incorporated in this contract. (After written approval of the subcontract by the Contracting Officer, a copy of the signed, approved subcontract shall be

provided to the Contracting Officer.)

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Coritract No. N02-CO- 11006

To negotiate a Cost Plus Fixed Fee (Level of Effort) type subcontract with Ketchum for an,amount not to exceed

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. Award ofthe subcontractshall not proceed without the prior written approval of the ContractingOfficer upon

review of the supporting documentation as required by the Subcontracts clause of the General Clauses incorporated in this contract. (After written approval of the subcontract by the Contracting Officer, a copy of the signed, approved subcontract

shall be provided to the Contracting Officer.)

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(1)

(2)

(3)

As stated in the Federal Register, Volume 57, No. 190, page 45096, dated September 30, 1992, Policy Letter on Inherently Governmental Functions, no personal services shall be performed under this contract. All work requirements shall flow only fiom the Project Officer to the Contractor's Project Manager. No Contractor employee - will be directly supervised by the Government. All individual employee assignments, and daily work direction, shall be given by the applicableemployee supervisor. Ifthe Contractor believes any Government zction or conlmunication has been given that would create a personal services relationship between the Government and any Contractor employee, the Contractor shall promptly notify the Contracting Officer of this communication or action.

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The Contractor shall not perform any inherently Governmental actions underthis contract. No Contractor employee shall hold him or herself out to be a Government employee, agent, or representative. No ConWactor employee shall state orally or in writing at any time that he or she is acting on behalf of the Government. In all communicationswith third parties in connection with this contract, Contractor employees shall identify themselves as Contractor employees and specifythe name ofthe company for which they work. In all communj~