Presolicitation Notice – Stryker Sonopet Handpiece & CONS/FTSWTCH Maintenance Service Agreement
Notice Type: Presolicitation Notice
Posted Date:
Office Address:
Subject: Stryker Sonopet Handpiece & CONS/FTSWTCH Maintenance Service Agreement
Classification Code: J - Maintenance, repair & rebuilding of equipment
Solicitation Number: N00259-16-T-0229
Contact:
Setaside: N/AN/A
Place of Performance (address):
Place of Performance (zipcode): 91913
Place of Performance Country: US
Description:
Naval Medical Center San Diego
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0001 4 Quarter (Time) Service Contract Sonopet Handpiece FFP Full service and maintenance to be provided for 2 each Sonopet Handpiece: Ser # 1509800411, ECN: 132617 and Ser # 1509800374, ECN: 132618 in accordance with the Statement of Work. 5450-820-00W FOB: Destination PURCHASE REQUEST NUMBER: N0025917RCD0015 ADDITIONAL MARKINGS: MOR Neuro HN
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0002 4 Quarter (Time) Service Contract Sonopet (CONS/FTSWTCH) FFP Full service and maintenance to be provided for Sonopet aspirator (CONS/FTSWTCH) - Ser # 1510400314, ECN: 132616 in accordance with the Statement of Work. 5450-850-000W FOB: Destination PURCHASE REQUEST NUMBER: N0025917RCD0015 ADDITIONAL MARKINGS: MOR Neuro HN
POC John E. Freeman Contract Specialist Naval Medical Center San Diego/Acquisitions 619-532-8098 [email protected]
STATEMENT OF WORK
Statement of Work
STRYKER SONOPET GENERATOR AND
1. Scope: The contractor shall provide all services, labor, parts, materials, and equipment necessary for the service and maintenance for the government-owned Stryker Sonopet at Naval Medical Center San Diego (NMCSD) as listed below.
PART DESCRIPTION ECN NUMBER SERIAL NUMBER
STYKER SONOPET 132617 1509800414 STYKER SONOPET 132618 1509800374 STYKER SONOPET 132616 1510400314
Contractor will service and maintain the equipment within the original equipment manufacturer's (OEM) specifications, in accordance with the US, State, and Local laws and regulations,
2. Definitions: As used throughout this work statement, the following terms shall have the meaning set forth below:
2.1. Service and maintenance: (a) any modification, adjustment, or replacement of the equipment that corrects a malfunction and effectively brings the equipment into material conformity with the technical specification for that equipment as designated by the original equipment manufacturer (OEM), (b) a procedure or routine that, when observed in the regular, proper operation of the equipment, avoids the material adverse effect of the applicable nonconformity, (c) any measures performed that assure the continued operation of the equipment or returns the equipment to its designed efficiency and capacity, (d) replacement of a piece of equipment on a one-for-one basis in order to provide a substitute of equal or greater value in lieu of a damaged or defective device for compensation, return, or refund of equipment.
2.2. Contracting Officer (KO): A warranted representative of the federal government who has the express authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The KO is the only person authorized to approve changes to any terms, conditions, or requirements of the contract.
2.3. Contracting Officer's Representative (COR): A Government employee appointed by the KO and responsible for the inspection, evaluation, and acceptance of products and services provided in accordance with the terms and conditions of the contract.
3. Location:
Places of performance shall be: Biomedical Repair Department
4. Requirements:
4.1. General Performance Requirements:
4.1.1. The Contractor shall provide equipment maintenance services to include all periodic planned maintenance and unscheduled repairs in accordance with OEM specifications and in compliance with ISO 9001 standards, to include repairs necessitated by operator error.
4.1.2. The Contractor may use third party service vendors not limited to the Original Equipment Manufacturer (OEM), however, these vendors must be approved in advance by the COR. The Contractor must submit a list of any sub-contractors they intend to use as third party service vendors to the COR for approval. Third party service vendors shall not perform any work under this contract prior to such approval.
4.1.3. Ensure that only fully-qualified field engineers and/or technicians who have gone through OEM or equivalent third-party service schools for the equipment will be employed in the performance of any and all work performed under this contract. Service personnel will have sufficient experience to demonstrate proficiency in maintenance of the product. Upon request, Contractor will provide written assurance of the competency their personnel as well as a list of credentials for approved field service personnel. The KO and/or COR may authenticate the training requirements and request training certificates or credentials from the service vendors at any time.
4.1.4. Test equipment: Test equipment calibration will be traceable to
4.1.5. Field Service Reports: Contractor shall furnish a written or electronic vendor supplied Field Service Report (FSR) to the Duty Staff at NMCSD Biomed. All FSR's shall be submitted within 72 hours of completion of service. The contractor or their representative shall complete the FSR to include, at a minimum, the following:
1.
Completed Field Service Reports are required prior to acceptance of any invoice. Failure to submit a Field Service Report to NMCSD Biomed can result in delay of payment or rejection of invoice from Government. It is highly recommended that the contractor attach a copy of the Field Service Report to their Wide Area Workflow Invoice in addition to the required submission to NMCSD Biomed in order to expedite invoicing process.
4.2. NMCSD Preventive Maintenance Requirements: 4.2.1. Preventive maintenance will be performed in a manner which will minimize corrective maintenance and will include but is not limited to: calibration, adjustment, lubrication, updating software for security, safety, or system functionality issues, testing required to maintain a safe environment of care, electrical safety testing, output testing, replacement of batteries and other shelf life components on a scheduled basis (which becomes corrective maintenance if the component fails due to lack of preventive maintenance).
4.2.2. Make repairs to the extent necessary, as determined by inspection tests or disassembly, to ensure a functional system that will efficiently serve its intended purpose and the technical specification for that equipment as designated by the original equipment manufacturer.
4.2.3. Installation of system update changes to resolve specific product reliability problems. Hardware and software upgrades, defined as those changes that enhance or add product features, are not included.
4.2.4. Preventive Maintenance will be performed at a minimum of 2 times per year, with these scheduled preventive maintenance actions performed
4.2.5. Preventive Maintenance Completion: Contractor must insure that 95% or more of all periodic maintenance is performed within 30 days of due date, and that 100% of periodic maintenance is performed within 60 days of the due date.
4.2.6. Equipment in Use: If, for reasons beyond the Contractors control, equipment is not made available for maintenance for the entire 30 days before the maintenance due date, and 60 days following due date, the Contractor shall immediately notify the COR.
4.2.7. Equipment Unable to Locate (UTL): If the Contractor is unable to locate an item within the maintenance window specified, the Contractor shall immediately notify the COR. The COR may determine that the property has been disposed of or otherwise inactive or unavailable for use and may adjust the equipment covered under this Statement of Work accordingly.
4.2.8. 100% Preventive Maintenance: Under the circumstances of 4.2.6. and/or 4.2.7., the COR and Contractor shall arrange a means of complying with the requirements for preventive maintenance at no additional cost to the government. Equipment determined missing, lost, or stolen shall be exempt from maintenance.
4.2.9. Uptime Rate: The Contractor will maintain an overall uptime rate of 95% or better for all equipment covered by this effort. Individual uptime rate for specific equipment, if required, will be as specified on Appendix A.
4.3. NMCSD Corrective Maintenance Requirements:
4.3.1. Correct inoperable condition in a timely manner. Contractor will respond no later than two (2) hours after telephone notification from
4.3.3. Equipment improvements/modifications will be made only upon
4.3.4. Notify
4.3.5. Ensure that the original design and functional capabilities will not be changed, modified, or altered without express written authorization from
4.3.6. Provide suitable OEM recommended repair equipment/tools required for the satisfactory execution of all repairs made.
4.3.7. Furnish OEM approved lubricants and lubricate wear points within the equipment in accordance with OEM guidelines.
4.3.8. Replacement parts shall be covered by the contractor for the duration of the contract. Extend to the Government all commercial warranties on replacement parts. All replacement parts or supplies utilized will be new parts or OEM refurbished parts. OEM refurbished parts will only be accepted upon written request from the contractor to NMCSD Biomed and will only be utilized/installed upon written approval from NMCSD Biomed to the contractor.
4.4. End-User Requirements:
4.4.1 The department requires next-day service exchange. Any order for service on a device covered by this contract placed by
4.4.2 The department expects reasonable attempts to be made to repair any device turned in for service. Reasonable attempts include; cost of repairs not exceeding the purchase cost of new equivalent equipment from the OEM, repairs taking no more than 45 days from initial service request to complete, and repairs for equipment where it can be reasonably argued that the equipment was subjected to patently obvious gross negligence or abuse. If equipment is received and is irreparably damaged, the department requires a written report as to the extensiveness of the damage and the suspected cause or type of maltreatment necessary to cause such damage (e.g., dropped, crushed mechanically, overloaded, etc.). The field service report may serve in this regard if comprehensive.
4.5. Response Time and Labor:
4.5.1. Contractor will use commercially reasonable efforts to respond by telephone to any report of a malfunction requiring repair within two (2) hours of notification from NMCSD Biomed, Monday through Friday,
4.5.2. Contractor will use commercially reasonable efforts to provide on-site support within two business days from notification by NMCSD Biomed, unless otherwise noted in Section 4.4.
4.5.3. Work required in the performance of this contract shall be performed between the hours of 0800 and
4.5.4. Any work that would require overtime must be approved, in writing, in advance by the KO. Any work of this nature performed
5. Travel and Related Expenses: Contractor shall be responsible for its service related trip expenses, including round trip travel, mileage, and overnight living expenses.
6. Shipment: The contractor shall not exceed two (2) business days for shipment of all equipment coming from and/or going to NMCSD Biomed minus exceptions or conditions as previously noted in this Statement of Work. All shipping expenses/costs are provided for in this contract and included in the contract price.
7. Liability:
7.1. The contractor shall not be liable for any loss, damage, or delay due to any cause beyond their reasonable control, including but not limited to fire, explosion, theft, flood, riot, civil commotion, war, malicious acts of mischief, or other circumstances outside of human control.
7.2. NMCSD Employees will not perform maintenance or attempt repairs to equipment covered under this contract while such equipment is under the purview of this contract without express, written concurrence from contractor.
7.3. Insurance: Contractor will be required to have liability insurance to cover any actions on the part of the Contractor or their sub-contractors which result in injury or death to patients, staff, visitors, or other Contractors. Coverage shall be of at least
8. Utilities, Facilities, and Equipment Access:
8.1. The contractor may use Government utilities (e.g., electrical power, compressed air, water) that are available and required for any service performed under this contract while at Government facilities. The facilities engineer however must approve of any contractor equipment which would connect to these utilities in order to ensure compatibility with NMCSD utilities.
8.2. Any outages required in order to perform services must be approved by NMCSD Facilities Management prior to initiation of work and shall be performed per Facilities' instruction. Contractor may request Facilities assistance in performing these outages if required.
8.3. Ensure that all use, storage, transport of any materials regulated by
8.4. The Contractor will protect all facilities from damage caused by the Contractor and will repair, at no additional cost to the Government, all damages caused by the Contractor's activities. During performance of services, Contractor will keep the site safe, neat, clean and orderly. Contractor will be responsible for all means, methods, techniques, sequences, and procedures of the services
8.5. Access to Equipment: Contractor shall be provided reasonable access to all equipment that is to be serviced and utility outlets required to do the service. The contractor shall be free to start/stop all primary equipment incidentals to the operation of the maintained equipment after permission is received from on-duty personnel responsible for such equipment.
9. Security and Safety Requirements:
9.1. The contractor is required to submit/complete
While awaiting RAPIDGate access, contractor shall, at a minimum, contact NMCSD Biomed not later than 1400 on the day prior to a scheduled visit to submit the required information to complete the
9.2. Identification, Parking, and Smoking Regulations at NMCSD: Field service personnel shall wear visible photo identification at all times while on the premises of NMCSD. It is the responsibility of the field service personnel to park in the appropriate designated parking areas. Information on parking is available from NMCSD Security personnel. Smoking is prohibited inside any buildings of NMCSD and is restricted to designated smoking locations only. Possession of weapons, alcohol, or pharmaceuticals that are not over the counter and not prescribed to the individual/family is prohibited on the premises. Enclosed containers, including tool kits, are subject to search. Violations of regulations may result in citation answerable in the
9.3.
9.4. General Safety Requirements: The Contractor will exercise safety precautions as the COR or his/her designee may determine to be reasonably necessary to protect the lives and health of occupants of buildings in which work is being performed. NMCSD will notify the Contractor of any non-compliance with the foregoing conditions and the action(s) to be taken. Service vendors will, after receipt of such notice, immediately correct the conditions to which attention has been directed. If field service engineer refuses to comply promptly, the COR may issue an order stopping all or any part of the work. Under such circumstances, the KO and hold the service vendor in contract default. Nothing in this section will be construed so as to limit the Contractor or his sub-contractors responsibilities to comply with any existing law, nor to switch jurisdictions.
9.5. Government Right of Refusal: NMCSD reserves the right to reject any of the contractor's personnel and refuse them permission to enter the premises or work on NMCSD equipment. This right may be exercised at any time. The reasons for rejections may include: lack of training and experience, but may also include but not be limited to: behavior, attire, security concerns, immigration status.
10. Compliance with Applicable Laws: Contractor will be knowledgeable of and comply with all applicable Federal, State, and local laws, regulations, and requirements regarding the conduct of his business. The Contractors personnel will comply with the DoD Information Assurance Policies applicable. Contractors are required to maintain a Drug Free Workplace, as well as to require any sub-contractor to do the same. Contract will require wage determinations and comply with applicable Federal and State worker's compensation and occupational disease statutes.
11. Modifications to Contract: Only the KO has the authority to obligate the government, and then only in writing. No modification or instruction from any party shall be construed to authorize the Contractor to take any action for which they expect compensation without written authorization from the KO.
12. Invoicing: All invoicing shall be done in accordance with this statement of work and in accordance with contract. Failure to do so may delay or interfere with payment for services rendered.
13. NMCSD Points of contact: For all matters concerning performance of this contract, the primary point of contact shall be:
Biomedical Repair Division, Material Management Department
TEL: 619-532-8010 Fax: 619-532-8013
Email: [email protected]
For administrative matters, the contractor may contact the contracting officer as designated in blocks 7.a, 7.b, 8, and 9 as found on the Standard Form 1449 issued for the contract, or may contact:
Material Management Department Naval Medical Center San Diego 34800 Bob Wilson Drive
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY 0001 Destination Government Destination Government 0002 Destination Government Destination Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC 0001 POP
CLAUSES INCORPORATED BY REFERENCE
52.204-7 System for Award Management
CLAUSES INCORPORATED BY FULL TEXT
52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (
(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.
(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--
(1) The solicitation number;
(2) The time specified in the solicitation for receipt of offers;
(3) The name, address, and telephone number of the offeror;
(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;
(5) Terms of any express warranty;
(6) Price and any discount terms;
(7) "Remit to" address, if different than mailing address;
(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);
(9) Acknowledgment of Solicitation Amendments;
(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and
(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.
(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.
(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.
(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.
(f) Late submissions, modifications, revisions, and withdrawals of offers:
(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is
(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--
(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than
(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or
(C) If this solicitation is a request for proposals, it was the only proposal received.
(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.
(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.
(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.
(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.
(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.
(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.
(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100,
(ii) If the
(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:
(i) ASSIST (https://assist.dla.mil/online/start/).
(ii) Quick Search (http://quicksearch.dla.mil/).
(iii) ASSISTdocs.com (http://assistdocs.com).
(3) Documents not available from ASSIST may be ordered from the
(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);
(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri,
(iii) Ordering from DoDSSP, Building 4, Section D,
(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.
(j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding
(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.
(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:
(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.
(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.
(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.
(4) A summary of the rationale for award;
(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.
(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.
(End of provision)
ADDENDUM TO FAR CLAUSE 52.212-1
Submission of Offer: The offeror shall submit signed and dated offer to the following email address: Contract Specialist [email protected] on or before the exact time specified in this solicitation (see block 8). Proposals are limited to 12 pages which includes price quote for the requested items. Include and annotate the unit price and extended price details for each item for CLINs 0001 through
The Government will award a contract resulting from this RFQ to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered.
Quotes must be good for 45 calendar days after close of RFQ.
52.212-2 EVALUATION--COMMERCIAL ITEMS (
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: (i) Technical capability of the services offered to meet the Government requirement, (ii) past performance, and (iii) price.
The following factors to be used to evaluate offers:
FACTOR 1: Technical Capability - defined as the contractor's ability to have the basic knowledge, experience, and understanding the requested items and services for the Government's requirements as stated in the extended description and statement of work.
FACTOR 2: Past Performance - Make available up to three (3) references with the Point of contact, telephone number, and, address. Demonstrate same or similar level of service within the last three years. Include evidence of previous experience with
FACTOR 3: Price - The Government shall conduct a price evaluation of all technical acceptable offers with satisfactory past performance.
Technical capability and past performance, when combined, are more important than price.
(b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
(End of provision)
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (
(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 (
(3) 52.233-4, Applicable Law for Breach of Contract Claim (
(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: (Contracting Officer check as appropriate.)
___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (
____ (2) 52.203-13,
____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (
___ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (
___ (5) [Reserved]
___ (6) 52.204-14, Service Contract Reporting Requirements (
___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (
___ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (
____ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (
____ (10) [Reserved]
____ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (
____ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (
____ (13) [Reserved]
____ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (
____ (ii) Alternate I (NOV 2011).
____ (iii) Alternate II (NOV 2011).
____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (
____ (ii) Alternate I (
____ (iii) Alternate II (
____ (16) 52.219-8, Utilization of Small Business Concerns (
____ (17)(i) 52.219-9, Small Business Subcontracting Plan (
____ (ii) Alternate I (
____ (iii) Alternate II (
____ (iv) Alternate III (
____ (18) 52.219-13, Notice of Set-Aside of Orders (
____ (19) 52.219-14, Limitations on Subcontracting (
____ (20) 52.219-16, Liquidated Damages-Subcon-tracting Plan (
____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (
XX (22) 52.219-28, Post Award Small Business Program Rerepresentation (
____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (
XX (25) 52.222-3, Convict Labor (
XX(26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (
____ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
XX (28) 52.222-26, Equal Opportunity (
____ (29) 52.222-35, Equal Opportunity for Veterans (
XX (30) 52.222-36, Equal Opportunity for Workers with Disabilities (
____ (31) 52.222-37, Employment Reports on Veterans (
____ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (
XX (33)(i) 52.222-50, Combating Trafficking in Persons (
____ (ii) Alternate I (
____ (34) 52.222-54, Employment Eligibility Verification (
____ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for
____ (ii) Alternate I (
____ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (June, 2016) (E.O. 13693).
____ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (June, 2016) (E.O. 13693).
____ (38) (i) 52.223-13, Acquisition of EPEAT(R) Registered Imaging Equipment (
____ (ii) Alternate I (
____ (39)(i) 52.223-14, Acquisition of EPEAT(R) Registered Televisions (
____ (ii) Alternate I (
____ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (
____ (41)(i) 52.223-16, Acquisition of EPEAT[supreg]-Registered Personal Computer Products (
____ (ii) Alternate I (
XX (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (
____ (43) 52.223-20, Aerosols (June, 2016) (E.O. 13693).
____ (44) 52.223-21, Foams (June, 2016) (E.O. 13693).
____ (45) 52.225-1, Buy American'upplies (
____(46) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (
____ (ii) Alternate I (
____ (iii) Alternate II (
____ (iv) Alternate III (
____ (47) 52.225-5, Trade Agreements (
XX (48) 52.225-13, Restrictions on Certain Foreign Purchases (
____ (49) 52.225-26, Contractors Performing Private Security Functions Outside the United States (
____ (50) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (
____ (51) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (
____ (52) 52.232-29, Terms for Financing of Purchases of Commercial Items (
____ (53) 52.232-30, Installment Payments for Commercial Items (
XX (54) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (
____ (55) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (
____ (56) 52.232-36, Payment by Third Party (
____ (57) 52.239-1, Privacy or Security Safeguards (
____ (58)(i) 52.247-64, Preference for Privately Owned
____ (ii) Alternate I (
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, 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: (Contracting Officer check as appropriate.)
_____(1) 52.222-17,
_____ (2) 52.222-41, Service Contract Labor Standards (
_____ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (
_____ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (
_____ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (
_____ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (
_____ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (
_____(8) 52.222-55, Minimum Wages Under Executive Order 13658 (
_____ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (
_____ (10) 52.237-11, Accepting and Dispensing of
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.
(1) The Comptroller General of
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(i) 52.203-13,
(ii) 52.219-8, Utilization of Small Business Concerns (
(iii) 52.222-17,
(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(v) 52.222-26, Equal Opportunity (
(vi) 52.222-35, Equal Opportunity for Veterans (
(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (
_____ (B) Alternate I (
(xv)52.222-55, Minimum Wages Under Executive Order 13658 (
(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
FY17 FUNDING AVAILABILITY OF FISCAL YEAR 2017 FUNDS.
THE GOVERNMENT OBLIGATION MADE HEREUNDER IS CONTINGENT UPON THE ENACTMENT OF THE FISCAL YEAR 2017 APPROPRIATION ACT.
THIS ORDER IS ISSUED SUBJECT TO THE 2017 DOD APPROPRIATION ACT OR AN EXTENDED FISCAL YEAR 2016 CONTINUING RESOLUTION ACT AND IS SUBJECT TO ALL PROVISIONS OF WHICHEVER ACT BECOMES APPLICABLE. THE CLAUSE 52.232-18 REFERENCED HEREIN APPLIES TO THIS CONTRACT.
CLAUSES INCORPORATED BY FULL TEXT
52.232-18 AVAILABILITY OF FUNDS (
Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.
(End of clause)
52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
http://acquisition.gov/far http://acq.osd.mil
(End of provision)
52.252-2 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 this/these address(es):
http://acquisition.gov/far http://acq.osd/mil
(End of clause)
RAPID GATE NAVY COMMERCIAL ACCESS CONTROL SYSTEM (NCACS) PROGRAM IMPLEMENTATION INSTRUCTION (
(a) In accordance with CNICNOTE 5530 dated
(b) NCACS guidance for Vendors/Contractors to obtain a pass is accessible through the following website:
http://www.cnic.navy.mil/regions/cnrsw/installations/navbase_san_diego/om/force_protection/rapid_gate.html and popular links. For more information or to enroll in the NCACS Program call: 1.877.727.4342. For
(c) Vendors, contractors, suppliers and other service providers shall present their pass upon entry at ECP.
CLAUSES INCORPORATED BY FULL TEXT
252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (Services) (
2 IN 1 ----------------------------------------------------------------------- (2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer. DESTINATION/DESTINATION ----------------------------------------------------------------------- (3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system. Routing Data Table* --------------------------------------------------------------------------------------------
[email protected] (g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the BUMED WAWF point of contact. BUMED WAWF support email: [email protected]
(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988. (End of clause)
Link/URL: https://www.fbo.gov/spg/DON/BUMED/N00259/N00259-16-T-0229/listing.html
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