Annual Software License for the Molecular Operating Environment (MOE)
Department of Health and Human Services, Food and Drug Administration | Published May 18, 2016 - Deadline June 7, 2016
Solicitation Number FDA-SOL-1164724
Annual Software License for the Molecular Operating Environment (MOE)
Part 1 – Description
The U.S. Food and Drug Administration’s (FDA) Center for Drug and Evaluation Research (CDER) has a need for Molecular Operating Environment which is a comprehensive software system for Life and Material Science.
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a separate written solicitation will not be issued.
This solicitation is a Request for Quote (RFQ) using FAR Parts 12 and 13 procedures. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-87. The North American Industry Classification System (NAICS) code for the proposed acquisition is 541511, Custom Computer Programming Services, with a small business size standard of $27,500,000.00 dollars.
Part 2 – Services and Prices
2.1 Contract Type: Firm-fixed-Price
2.2New Roman';"> Pricing Table
Annual Software License for the Molecular Operating Environment (MOE) Includes support and updates
Option Year 1:
Option Year 2:
Option Year 3:
Option Year 4:
TOTAL MAXIMUM POTENTIAL FIRM-FIXED-PRICE
New Roman Bold";">*The firm-fixed-prices are inclusive of all costs, such as shipping, parts, installation, training, labor, travel, and any other warranty and service maintenance costs. Payment is only authorized for the respective firm-fixed-prices upon successful completion of the respective CLIN, including delivery and acceptance of all deliverables, as determined by the FDA Contracting Officer’s Representative (COR), and upon submission of a proper invoice. Proper invoice submission includes following the invoice instructions below.
Part 3 – Description/Specifications
Essential Characteristics required:
a.New Roman';"> Shall be capable of storing structure-based databases and their associated toxicity information
b.New Roman';"> Shall be capable of extracting correlations based on molecular descriptors
c.New Roman';"> Shall be capable of identifying of off-target interactions and predicting drug-drug interactions
d.New Roman';"> Shall exist in an internally installed client-server version that can access user stored proprietary data
e.New Roman';"> Shall allow the user to create, edit, save and share results obtained from the platform
f.New Roman';"> Shall have the ability to conduct chemical searches
g.New Roman';"> Shall be capable of exporting results and compatible with commonly used data management and visualization tools
h.New Roman';"> Shall be eligible for regular updates and support
i.New Roman';"> Shall be customizable and programmable
j.New Roman';"> Shall be capable of seamlessly integrate FDA internal SD file format
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k. Shall be capable of identifying protein-ligand interactions
l. Shall be capable of protein/peptide modeling and simulations
m. Shall be capable of performing clustering analysis
n. Shall be capable of performing pharmacophore analysis
3.2 Optional License
The offerors shall provide pricing for optional license.
The FDA shall have a unilateral right to exercise optional periods. The option period of performance, if exercised, shall commence as follows:
PERIOD FROM THE EFFECTIVE DATE OF THE ORDER
Option Year 1: 3 Tokens
To begin 1st Year following ARO
Option Year 2: 3 Tokens
To being 2nd Year following ARO
Option Year 3: 3 Tokens
To begin 3rd Year following ARO.
Option Year 4: 3 Tokens
To being 4th year following ARO.
FAR 52.217-8, Option to Extend Services (November 1999)
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 of performance of this contract.
(End of Clause)
FAR 52.217-9, Option to Extend the Term of the Contract (March 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within the period of performance of the contract; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five years.
(End of clause)
The contractor shall deliver at the following location:
3.4 Contract Administration
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New Roman Bold";">Contracting Officer’s Representative (COR)
The following COR will represent the Government for the purpose of this order: [TBD]
The COR is responsible for the following as required by this order: (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 evaluations; (4) performing technical inspections and acceptances; and (5) assisting in the resolution of technical problems encountered during performance.
The Contracting Officer is the only person with authority to act as an agent of the Government under this order. Only the Contracting Officer has authority to: direct or negotiate any changes in the order, including modifying or extending the period of performance, changing the delivery schedule, authorizing reimbursement to the Contractor for any costs incurred during the performance of this order, or otherwise change any terms and conditions of this order.
The contact information for the Contracting Officer is the following:
U.S. Food and Drug Administration
Office of Acquisitions and Grants Services
Rockville, MD 20857
The contact information for the Contractor is the following: [TBD]
The Government will pay the Contractor only each respective deliverable’s firm-fixed-price delineated in the table in Subpart 2.2 above, upon successful completion, as determined by the COR, and upon submission of a proper invoice. Proper invoice submission includes following the invoice instructions below.
The Contractor shall submit all invoices in the manner specified below:
The Contractor shall submit one original copy of each invoice to the address specified below:
Office of Financial Services Food and Drug Administration
10903 New Hampshire Avenue
Bldg. 32, Rm. 2162, Mail Hub 2145
Silver Spring MD 20993-0002
Attn: Vendor Payments
Phone: (301) 827-3742 or (866) 807-3742
Invoices submitted under this order must comply with the requirements set forth in FAR clauses 52.232-25 (Prompt Payment) and 52.232-33 (Payment by Electronic Funds Transfer – Central Contractor Registration) and/or other applicable FAR clauses specified herein. To constitute a proper invoice, the invoice must be submitted on company letterhead and include each of the following:
(I) Name and address of the contractor; (II) Invoice date and Invoice number; (III) Purchase Order/Award Number; (IV) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed, including: (a) period of performance for which costs are claimed; (b) itemized travel costs, including origin and destination; and (c) any other supporting information necessary to clarify questionable expenditures; (V) Shipping number and date of shipping, including the bill of lading number and weight of shipment if shipped on government bill of lading;
(VI) Terms of any discount for prompt payment offered; (VII) Name and address of official to whom payment is to be sent (must be the same as that in the purchase order/award, or in a proper notice of assignment)
(VIII) Name, title and phone number of person to notify in event of a defective invoice; (IX) Taxpayer Identification Number (TIN); (X) Electronic Funds Transfer (EFT) banking information, including routing transit number of the financial institution receiving payment and the number of the account into which funds are to be deposited; (XI) Name and telephone number of the COR or other program center/office point of contact, as referenced on the purchase order; and, (XII) Any other information or documentation required by the purchase order/award.
An electronic invoice is acceptable if submitted in Adobe Acrobat (PDF) format. All items listed in (i) through (xii) of this clause must be included in the electronic invoice. Electronic invoices must be on company letterhead, must contain no ink changes and be legible for printing.
Questions regarding invoices shall be directed to the FDA at the telephone numbers provided above.
Payment will only be made on a firm-fixed-price basis.
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New Roman Bold"; text-transform: uppercase;">Conflicts of Interest
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The Contractor warrants that, to the best of its knowledge and belief, and except as otherwise disclosed to the Contracting Officer, it does not have any actual, potential, or apparent conflict of interests pertaining to the subject order, as defined in FAR Subpart 9.5 and HHS and FDA policies, for its organization, employees, or subcontractors working or proposed to be working under this order.
The Contractor agrees that, if after award, it discovers a conflict of interest with respect to this order, it shall make an immediate and full disclosure in writing to the FDA Contracting Officer for this order.
The Government reserves the right to exercise any remedy available at law or equity, including termination of the order for cause or convenience, should the Government determine remedial action is necessary to address any actual, potential, or apparent conflict of interest.
Part 4-Contract Clauses
4.1 HHSAR Clauses Incorporated by Reference
This contract incorporates one or more clauses by reference with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at: http://www.hhs.gov/policies/hhsar/subpart301-1.html.
352.211-3, PAPERWORK REDUCTION ACT (DEC 2015)
352.203-70, ANTI-LOBBYING (DEC 2015)
352.215-70, LATE PROPOSALS AND REVISIONS (DEC 2015)
352.222-70, CONTRACTOR COOPERATION IN EQUAL EMPLOYMENT OPPORTUNITY INVESTIGATIONS (DEC 2015)
352.223-70, SAFETY AND HEALTH (DEC 2015)
352.224-70, PRIVACY ACT (DEC 2015)
352.227-70, PUBLICATIONS AND PUBLICITY (DEC 2015)
352.237-75 KEY PERSONNEL (DEC 2015)
4.2 FAR Clauses Incorporated by Reference:
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at: www.acquisition.gov/far/index.html
52.202-1 Definitions (November 2013)
52.203-5 Covenant Against Contingent Fees (May 2014)
52.203-7 Anti-Kickback Procedures (May 2014)
52.212-4 Contract Terms and Conditions-Commercial Items (May 2015)
52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004)
4.3 FAR Clauses in Full Text:
Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Mar 2016)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)
(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).
X 52.204-7 -- System for Award Management (Jul 2013)
X (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note).
___ (5) [Reserved]
___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).
___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).
X (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).
___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).
___ (10) [Reserved]
___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).
___ (ii) Alternate I (Nov 2011) of 52.219-3.
___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).
___ (ii) Alternate I (Jan 2011) of 52.219-4.
___ (13) [Reserved]
X (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).
___ (ii) Alternate I (Nov 2011).
___ (iii) Alternate II (Nov 2011).
___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
___ (ii) Alternate I (Oct 1995) of 52.219-7.
___ (iii) Alternate II (Mar 2004) of 52.219-7.
___ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).
___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637 (d)(4)).
___ (ii) Alternate I (Oct 2001) of 52.219-9.
___ (iii) Alternate II (Oct 2001) of 52.219-9.
___ (iv) Alternate III (Oct 2015) of 52.219-9.
_X__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).
X (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).
___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).
(22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).
___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).
___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).