Combine Solicitation – Annual Maintenance & Repair
Notice Type: Combine Solicitation
Posted Date:
Office Address:
Subject: Annual Maintenance & Repair
Classification Code: J - Maintenance, repair & rebuilding of equipment
Solicitation Number: N0018317Q0087
Contact:
Setaside: Total Small BusinessTotal Small Business
Place of Performance (address):
Place of Performance (zipcode): 23708
Place of Performance Country: US
Description:
Section A - Solicitation/Contract Form CONTRACTOR INFORMATION TIN: CAGE: DUNS:
Billing/Payment in Arrears.
Naval Medical Center Contracting POC: Harold Woodley Phone: 757-953-7276 Fax: 757-953-5006 Email: [email protected]
Product/Services for:
Vendor to reference RFQ number N0018317Q0087 on all inquires.
Reference:
PROMPT PAYMENT For Prompt Payment Act Purposes, this contract is: Subject to the 7-calender day constructive acceptance period.
Award to be best value for the Government based upon past performance and price.
AVAILABILITY OF FUNDS. Pursuant to Section I, Availability of Funds (FAR 52.232-18), of the contract, 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 to the Contracting Officer. Section B - Supplies or Services and Prices
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0001 12 Months Maintenance, service and repair FFP See Section C for Performance Work Statement and for equipment. FOB: Destination PURCHASE REQUEST NUMBER: N0018318RCWN001
NET AMT
Section C - Descriptions and Specifications
PERFORMANCE WORK STATEMENT DESCRIPTION/SPECIFICATION/PERFORMANCE WORK STATEMENT
Statement of Work Selected vendor must be able to provide full contract support immediately upon award of a resulting order. Vendor will provide full maintenance support for the items listed in Section B and all support items / components. This contract shall provide for maintenance services which include on-site corrective repairs, normal working hour coverage (
a. The Contractor shall comply with Federal, State, and Local Laws, plus any Federal Regulations as applicable to the performance of this contract.
b. The Contractor shall not accept any instructions issued by any person employed by the U. S. Government, other than: the Contracting Officer (KO), or Biomedical Engineering Division (BME), all acting within the limits of their authority.
c. The Contractor shall be qualified / authorized by the Original Equipment Manufacturer (OEM) in the repair of all equipment listed within this contract. Contractor shall maintain qualifications throughout entire contract period. Qualification includes but not limited to the certification of all repair persons and repair facilities by the OEM as being trained / qualified to perform required repairs. Qualifications must be current (within 2 years) The Government shall maintain the right to seek proof of qualification prior to award and anytime during contract period of performance.
2. Scope of Work
a. The Contractor shall provide trained, experienced, English speaking personnel, labor, tools, diagnostic equipment, software, test phantoms, material, supplies, transportation, parts and equipment necessary to perform Preventive Maintenance (PM), Calibration (CAL), Safety testing (ST) and corrective maintenance.
b. The Contractor shall provide telephonic communications with the Government to discuss technical matters relating to the performance of this contract. A systems operator will be made available to answer technical questions regarding system operations and applications.
c. Equipment listed in this contract will be maintained to meet the original equipment manufacturer's (OEM's) specifications.
d. Equipment and associated components shall be serviced as listed on: DD Form 1155, "Order for Supplies or Services".
e.
3. Government furnished property, Materials and Services.
a. The Contractor representative(s) at each site is encouraged to request a pre-maintenance inspection prior to the onset of the contract. As all apparent discrepancies must be identified upon submittal of quote, any and all claims must be received within 30 days of contract award or prior to contract start which ever occurs first. All non-apparent / hidden discrepancies, must be identified no later that the first scheduled preventative maintenance. Any claims resulting from hidden defects must be received within 30 days of first scheduled preventative maintenance. Any equipment found to be inoperable during this pre-maintenance inspection would be repaired using a separate purchase order. The cost of repairs shall not exceed contractor's normal retail rate for required repairs. The government certifies that the equipment to be maintained under this contract will be in good operating condition on the effective date of this contract. For the purpose of this contract, the clause, "good operating condition" means the conditions necessary for the equipment to function as intended without corrective maintenance. The Contractor agrees to leave the equipment in good operating condition at the expiration of this contract. During the final week of this contract, the Government will make final inspection of the equipment. Any correction of deficiencies noted during this inspection shall be resolved prior to contract end. The Government reserves the right to request the repair (at no additional cost to the Government) of items identified with latten defects after contract termination, when it has been determined that defects either are a result of contractor's performance or should have been discovered during normal performance of work under this contract.
b. The government will be responsible for maintaining the proper environment, including utilities and site requirements necessary for the system to function properly as specified by the OEM.
c. The Government will operate the system in accordance with the instruction manual provided by the OEM.
d. The Government will not be responsible for the damage or loss due to fire, theft, accident, or other disaster of Contractor supplies, materials, or for the personal belongings brought onto Government property by Contractor's personnel.
4. Contractor Furnished Property and Material.
a. The Contractor shall provide all service literature, reference publications, laptop computers and diagnostic software to be used by the contractor service technicians and as required for the completion of the services in accordance with this contract.
5. Replacement Parts.
a. The Contractor shall have ready access to unique and/or high mortality replacement parts. All parts supplied shall be compatible with the existing system. In the event that replacements parts are required to be shipped. Shipping shall be performed in the fastest reasonable means possible (i.e., next day air) at no additional cost to the Government.
b. The Contractor shall at their expense, replace all worn or defective parts necessary to restore the equipment to 100% operational condition as specified by the OEM.
c. Contractor installed replacement parts shall become the property of the Government and the replaced malfunctioning part shall become the property of the Contractor. Replaced items shall be properly disposed of at no additional cost to the Government (contractor to pay all "environmental fees" where required).
d.
e. All replacement parts shall be new and certified as OEM replacement parts. In the event that new parts are not available, rebuilt parts and sub-assemblies are allowed provided that they are warranted to be free of defects for a period of time that meets or exceeds warranties of similar replacement parts. The contractor shall specifically annotate on the final Field Service report the use and identification of rebuilt parts and the period of warranty. When discrepancies occur, the Government will make the final determination on whether a replacement part is of equal or better quality.
f. The Contractor must include software revisions and updates (field service changes), which are required due to
Specific Tasks.
6. Contractor Report Requirements.
a. During normal duty hours, Contracted Field Service Engineer (FSE) personnel shall check-in with the Biomedical Engineering Division upon arrival at the Government site and again prior to departure. (Biomedical Engineering located in Build-250 1st floor; 757-953-5336). The Contractor FSEs shall personally notify Biomedical Engineering (BME) of problems that result in the equipment being left disabled upon their departure. After normal duty hours, Contractor FSE's shall notify the Officer of the Day Desk (Bldg 2, 2nd Floor) and the systems operator designated by BME.
b. The Contractor shall provide to BME a full service report within two (2) days after completion of all service performed. The service report shall include, but not be limited to: contract number, equipment description (model, serial number, equipment control number) contractor's log number, detailed description of the service(s) performed, replacement part(s) information (part number, part value, nomenclature, unit price, manufacturer, if not OEM, and whether the part is new/used/reconditioned), the completion date and time, man-hours expended and the hourly rate normally charged for the type of service performed, model and serial numbers, and the name of the FSE performing the service. In the event that agents / sub-contractor's are used in the performance of repairs, said agent shall be identified on the service report by company name and contact information (i.e., telephone number). Additionally contractor will be required to affix a tag on equipment upon the completion of a preventative maintenance inspection. Tag may either be a "sticker" or "hanging tag". As a minimum the tag shall contain: the name of the contractor, technician performing inspection and date of inspection legibly printed.
7. Contractor Responsibility.
a. The Contractor shall be responsible for the repair/replacement of damaged Government owned equipment and property due to the negligence of the Contractor or his representatives. All such replacement or repair shall be at the Contractor's expense and shall be inspected to the satisfaction of the KO or appointed representative.
8. Preventive Maintenance Services.
a. In accordance with Naval Medical Logistics Command (NAVMEDLOGCOM) Risk Assessment Criteria, preventive maintenance is not required but shall be performed at time of any major repair.
b. The Government shall select the months in which preventive maintenance services are to be performed. The preventive maintenance visits shall be performed during the following months: Not Required
(The Government Fiscal Year runs: October through September). The Contractor shall schedule and complete preventive maintenance services prior to the 15th of the selected month.
c. All test equipment used in the performance of this contract must be calibrated (if required / as required by manufacture of test equipment) and shall be in compliance with
9. Corrective Maintenance
a. Normal Working Hour Maintenance Coverage Maintenance Coverage will be Monday through Friday, between
a. In the event that emergency service outside the normal working hours are required by the Government, additional work shall be billable to the Government at published commercial rates, and negotiated and approved by a Contracting Officer prior to services rendered.
b. Government request for corrective maintenance will be placed by BME, to the Contractor's POC. Corrective Maintenance shall be completed during the hours specified in the contract.
c. The Contractor shall assign a unique Log/Reference Number to each Government request for corrective Maintenance.
d. Contractor's response to requests for service may include telephone consultation with the equipment user/operator and a Contractor FSE. Telephone consultation shall: 1) provide instruction in determining operator error; 2) to determine the most likely cause of the problem; 3) to determine if resolution of the problem requires the dispatch of a FSE; and 4) to identify replacement parts likely to be required in order to return the equipment to 100% operational condition as specified by the OEM.
e. Contractor's pricing shall be inclusive of all cost including parts, labor, travel and shipping, unless otherwise indicated. Any/all exclusions are listed as follows:
No Exclusions
f. The Contractor shall have his/her own service manuals, specifications, schematic diagrams, and parts lists to assist in the evaluation/repair of all equipment included in this contract.
10. Removal of Government Property
a. Whenever the repair of equipment cannot be performed at the Government site as determined by the Contractor, the Contractor shall notify BME who will make arrangements for the Contractor to remove the item to the Contractor's designated site. The Contractor may be required to sign a Government form accepting responsibility for the Government equipment. The Contractor shall provide a detailed description of removed items. For associated items / accessories, contractor to provide a detailed description and quantities of items to be removed. Description to include as a minimum manufacturers serial numbers and equipment control number (ECN) of all equipment / items removed. In the event that items / sub-assemblies / accessories are repaired via "Repair by Replacement" a detailed description of replaced items is to be included upon return of repaired components.
b. All charges resulting from a Contractor determined requirement to transport Government owned property, covered by this contract, to and from an alternate repair location shall be the responsibility of the Contractor.
11. Equipment Modification Upgrades
a. The Contractor shall only incorporate OEM specified modifications, alterations and upgrades. Approval shall be obtained from BME prior to the Contractor installation of any modification, alteration, or upgrades.
b. The Contractor shall maintain contact with the OEM to determine the requirement for field modifications and to ensure accomplishment of these modifications in accordance with the time schedule set forth by the OEM.
c. The Government shall not alter the system without prior notification to the Contractor.
d. The contractor at no additional cost shall provide software updates to the Government. Installation of updates will be left to the discretion of the Government. All supplied software is to be warranted current and free of defects such as viruses.
12. Service Beyond the Scope of the Contract
a. The Contractor shall immediately, but not later than 24 consecutive hours after discovery, notify BME, in writing, of the existence or the development of any defects in, or repair required to the scheduled equipment, which the Contractor considers they are not responsible for under the terms of this contract.
b. At the same time of the notification, the Contractor shall furnish BME with written estimate of the cost to make the necessary repairs. Repairs considered by the Contracting Officer to be outside the scope of this contract shall not be covered under this contract, but shall be ordered under a separate purchase order.
Stryker Instruments:
Repair Items Exhibit A - Section A Repair Items Exhibit A - Section A Product# Description Serial # Product# Description Serial # Main OR 6208-000-000 System 6 Sagittal Saw 0725406863 4300-000-000 Cordless Driver 3 1116013663 6208-000-000 System 6 Sagittal Saw 1121002943 4300-000-000 Cordless Driver 3 1116013713 6209-000-000 System 6 Precision 1122323513 4300-000-000 Cordless Driver 3 1116013673 6400-015-000 RemB Micro Drill 1114602363 5400-015-000 CORE
Product# Description Serial # Product# Description Serial # 5400-099-000 CORE U Driver 0430700533 5100-088-000 TPS Micro Driver 98050643 5400-099-000 CORE U Driver 0505300533 5400-015-000 CORE
Product# Description Serial # Product# Description Serial # 7110-120-000 Universal Charger 1312903193 7206-000-000 System 7 Recip Saw 1425208343 7110-120-000 Universal Charger 1315004973 7206-000-000 System 7 Recip Saw 1425208603 7110-120-000 Universal Charger 1315004983 7206-000-000 System 7 Recip Saw 1425804883 7110-120-000 Universal Charger 1315004993 7206-000-000 System 7 Recip Saw 1425804923 7110-120-000 Universal Charger 1315005003 7206-000-000 System 7 Recip Saw 1425804933 7110-120-000 Universal Charger 1315700443 7206-000-000 System 7 Recip Saw 1425804963 5400-015-000 CORE
Procare Instruments for ASC Department Drivers Core driver Rem B Driver Cordless Battery Driver (CD4) 1314201503 1315604933 0-814801233 1315503853 1315604863 0-412500283 1315604943 1310705773 0-530601113 0-321902023 1311402713 0-613511693 0-435501033 1120100793 0-427300953 Sagittal Saw Core Rem B 1314007443 1314211903 0815706383 1310105753 0-924600193 1314211913 0412600903 1314007453 0-600304993 1314007143 0-610903773 1310106003 1316817463 0-430602293 1310105763 1310105743 1310105993 1314211893 Oscillating Saw Core Rem B 1315000883 1215100143 1315401353 0-600907413 1315401273 0-713403363 1315401433 1315401423 1315401343 1315401293 1315401303 1114602023 1315401283 1315401443 1312601503 1315401453 1315401413 1315401263 1314908263 Reciprocating Saw Rem B 1309802043 1309802103 1307710293 1309802233 1309802213 1309802023 1309801933 1309802053 1309802033 1309801923 4609802223 1309801943 1309801913 Micro Drill Core Rem B 0-425704493 1316816293 0-716401363 1315002603 0-816103413 1316816353 0-920900823 1315002613 0-924601423 1319209033 0-920900843 1315002643 0-412500403 1316816363 0-816103403 1316816303 0-613512133 1316816313 0-523801293 1315002583 0-725704063 1316816373 0-610903833 1315002623 0-918900033 1316816323 1402402813 1316816283 0726015413 1315002633 0920900823 1316816253 0610903813 0920900863
SUPTXT SUPTXT204-9400(1-17) Contractor Unclassified Access to Federally Controlled Facilities, Sensitive Information, Information Technology (IT) Systems or Protected Health Information
The following shall be inserted in full text in all solicitations and contracts (including commercial acquisitions) which require contractor unclassified access to federally controlled facilities, sensitive information, IT systems or protected health information. For commercial acquisitions, this text shall be incorporated into either the Statement of Work or Performance Work Statement.
Contractor Unclassified Access to Federally Controlled Facilities, Sensitive Information, Information Technology (IT) Systems or Protected Health Information
Homeland Security Presidential Directive (HSPD)-12, requires government agencies to develop and implement Federal security standards for Federal employees and contractors. The Deputy Secretary of Defense Directive-Type Memorandum (DTM) 08-006 - "DoD Implementation of Homeland Security Presidential Directive - 12 (HSPD-12)" dated
APPLICABILITY
This text applies to contractor employees requiring physical access to any area of a federally controlled base, facility or activity and/or requiring access to a DoN or
ACCESS TO FEDERAL FACILITIES
Per HSPD-12 and implementing guidance, all contractor employees working at a federally controlled base, facility or activity under this clause will require a DoD CAC. When access to a base, facility or activity is required contractor employees shall in-process with the Command's Security Manager upon arrival to the Command and shall out-process prior to their departure at the completion of the individual's performance under the contract.
ACCESS TO DOD IT SYSTEMS
In accordance with SECNAV M-5510.30, contractor employees who require access to DoN or
Contractor employees requiring privileged or IT-I level access, (when specified by the terms of the contract) require a Single Scope Background Investigation (SSBI) or T5 or T5R equivalent investigation , which is a higher level investigation than the National Agency Check with Law and Credit (NACLC)/T3/T3R described below. Due to the privileged system access, an investigation suitable for High Risk national security positions is required. Individuals who have access to system control, monitoring, or administration functions (e.g. system administrator, database administrator) require training and certification to Information Assurance Technical Level 1, and must be trained and certified on the Operating System or Computing Environment they are required to maintain.
Access to sensitive IT systems is contingent upon a favorably adjudicated background investigation. When access to IT systems is required for performance of the contractor employee's duties, such employees shall in-process with the Navy Command's Security Manager and Information Assurance Manager upon arrival to the
The SAAR-N shall be forwarded to the Command's Security Manager at least 30 days prior to the individual's start date. Failure to provide the required documentation at least 30 days prior to the individual's start date may result in delaying the individual's start date. When required to maintain access to required IT systems or networks, the contractor shall ensure that all employees requiring access complete annual Information Assurance (IA) training, and maintain a current requisite background investigation. The Contractor's Security Representative shall contact the Command Security Manager for guidance when reinvestigations are required.
INTERIM ACCESS
The Command's Security Manager may authorize issuance of a DoD CAC and interim access to a DoN or
DENIAL OR TERMINATION OF ACCESS
The potential consequences of any requirement under this clause including denial or termination of physical or system access in no way relieves the contractor from the requirement to execute performance under the contract within the timeframes specified in the contract. Contractors shall plan ahead in processing their employees and subcontractor employees. The contractor shall insert this clause in all subcontracts when the subcontractor is permitted to have unclassified access to a federally controlled facility, federally-controlled information system/network and/or to government information, meaning information not authorized for public release.
CONTRACTOR'S SECURITY REPRESENTATIVE
The contractor shall designate an employee to serve as the Contractor's Security Representative. Within three work days after contract award, the contractor shall provide to the requiring activity's Security Manager and the Contracting Officer, in writing, the name, title, address and phone number for the Contractor's Security Representative. The Contractor's Security Representative shall be the primary point of contact on any security matter. The Contractor's Security Representative shall not be replaced or removed without prior notice to the Contracting Officer and Command Security Manager.
BACKGROUND INVESTIGATION REQUIREMENTS AND SECURITY APPROVAL PROCESS FOR CONTRACTORS ASSIGNED TO NATIONAL SECURITY POSITIONS OR PERFORMING SENSITIVE DUTIES
* SF-86 Questionnaire for National Security Positions (or equivalent OPM investigative product) * Two FD-258 Applicant Fingerprint Cards (or an electronic fingerprint submission) * Original Signed Release Statements
Failure to provide the required documentation at least 30 days prior to the individual's start date shall result in delaying the individual's start date. Background investigations shall be reinitiated as required to ensure investigations remain current (not older than 10 years) throughout the contract performance period. The Contractor's Security Representative shall contact the Command Security Manager for guidance when reinvestigations are required.
Regardless of their duties or IT access requirements ALL contractor employees shall in-process with the Command's Security Manager upon arrival to the command and shall out-process prior to their departure at the completion of the individual's performance under the contract. Employees requiring IT access shall also check-in and check-out with the Navy Command's Information Assurance Manager. Completion and approval of a
If the contractor employee already possesses a current favorably adjudicated investigation, the contractor shall submit a Visit Authorization Request (VAR) via the Joint Personnel Adjudication System (JPAS) or a hard copy VAR directly from the contractor's Security Representative. Although the contractor will take JPAS "Owning" role over the contractor employee, the Command will take JPAS "Servicing" role over the contractor employee during the hiring process and for the duration of assignment under that contract. The contractor shall include the IT Position Category per SECNAV M-5510.30 for each employee designated on a VAR. The VAR requires annual renewal for the duration of the employee's performance under the contract.
BACKGROUND INVESTIGATION REQUIREMENTS AND SECURITY APPROVAL PROCESS FOR CONTRACTORS ASSIGNED TO OR PERFORMING NON-SENSITIVE DUTIES
Contractor employee whose work is unclassified and non-sensitive (e.g., performing certain duties such as lawn maintenance, vendor services, etc. ...) and who require physical access to publicly accessible areas to perform those duties shall meet the following minimum requirements:
* Must be either a US citizen or a US permanent resident with a minimum of 3 years legal residency in
To be considered for a favorable trustworthiness determination, the Contractor's Security Representative must submit for all employees each of the following:
* SF-85 Questionnaire for Non-Sensitive Positions * Two FD-258 Applicant Fingerprint Cards (or an electronic fingerprint submission) * Original Signed Release Statements
The contractor shall ensure each individual employee has a current favorably completed National Agency Check with Written Inquiries (NACI) or T1 equivalent investigation, or ensure successful
Failure to provide the required documentation at least 30 days prior to the individual's start date may result in delaying the individual's start date.
* Consult with your Command Security Manager and Information Assurance Manager for local policy when IT-III (non-sensitive) access is required for non-US citizens outside
NMCARS NMCARS 5237.102-90 Enterprise-wide Contractor Manpower Reporting Application (ECMRA)
The contractor shall report contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the
(1) W, Lease/Rental of Equipment; (2) X, Lease/Rental of Facilities; (3) Y, Construction of Structures and Facilities; (4) S, Utilities ONLY; (5) V,
The contractor is required to completely fill in all required data fields using the following web address https://doncmra.nmci.navy.mil.
Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs
(End of Text) Section E - Inspection and Acceptance
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 Section F - Deliveries or Performance
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC / CAGE 0001
CLAUSES INCORPORATED BY REFERENCE
52.242-15 Stop-Work Order
CLAUSES INCORPORATED BY FULL TEXT
252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (
2 IN 1 SERVICES ONLY ----------------------------------------------------------------------- (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*
(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request. (5) WAWF email notifications. The Contractor shall enter the email address identified below in the "Send Additional Email Notifications" field of WAWF once a document is submitted in the system.
WAWF Acceptor/COR Email Address: [email protected] -----------------------------------------------------------------------
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact. [email protected] -----------------------------------------------------------------------
(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988. (End of clause) Section I - Contract Clauses
CLAUSES INCORPORATED BY REFERENCE
52.203-3 Gratuities
CLAUSES INCORPORATED BY FULL TEXT
52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS--REPRESENTATION (
(End of provision)
52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS (
(End of clause)
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:
(Contracting Officer shall insert the significant evaluation factors, such as (i) technical capability of the item offered to meet the Government requirement; (ii) price; (iii) past performance (see FAR 15.304); and include them in the relative order of importance of the evaluation factors, such as in descending order of importance.)
Technical and past performance, when combined, are. (Contracting Officer state, in accordance with FAR 15.304, the relative importance of all other evaluation factors, when combined, when compared to price.)
(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).
(c) 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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (
(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(3) 52.233-3, Protest After Award (
(4) 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 (
___ (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 (
____ (ii) Alternate I (
____ (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 (
____ (v) Alternate IV (
____ (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 (
____ (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 (
____ (25) 52.222-3, Convict Labor (
____(26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (
____ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
____ (28) 52.222-26, Equal Opportunity (
____ (29) 52.222-35, Equal Opportunity for Veterans (
____ (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 (
____ (33)(i) 52.222-50, Combating Trafficking in Persons (
____ (ii) Alternate I (
____ (34) 52.222-54, Employment Eligibility Verification (
____ (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (
Note to paragraph (b)(35): By a court order issued on
____ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016).
____ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for
____ (ii) Alternate I (
____ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (June, 2016) (E.O. 13693).
____ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (June, 2016) (E.O. 13693).
____ (40) (i) 52.223-13, Acquisition of EPEAT(R) Registered Imaging Equipment (
____ (ii) Alternate I (
____ (41)(i) 52.223-14, Acquisition of EPEAT(R) Registered Televisions (
____ (ii) Alternate I (
____ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (
____ (43)(i) 52.223-16, Acquisition of EPEAT[supreg]-Registered Personal Computer Products (
____ (ii) Alternate I (
____ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (
____ (45) 52.223-20, Aerosols (June, 2016) (E.O. 13693).
____ (46) 52.223-21, Foams (June, 2016) (E.O. 13693).
____ (47)(i) 52.224-3, Privacy Training (
____ (ii) Alternate I (
____ (48) 52.225-1, Buy American'upplies (
____(49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (
____ (ii) Alternate I (
____ (iii) Alternate II (
____ (iv) Alternate III (
____ (50) 52.225-5, Trade Agreements (
____ (51) 52.225-13, Restrictions on Certain Foreign Purchases (
____ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (
____ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (
____ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (
____ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (
____ (56) 52.232-30, Installment Payments for Commercial Items (
____ (57) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (
____ (58) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (
____ (59) 52.232-36, Payment by Third Party (
____ (60) 52.239-1, Privacy or Security Safeguards (
____ (61) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).
____ (62)(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) 52.222-62, Paid Sick Leave Under Executive Order 13706 (
_____ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (
_____ (11) 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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (
(iii) 52.219-8, Utilization of Small Business Concerns (
(iv) 52.222-17,
(v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(vi) 52.222-26, Equal Opportunity (
(vii) 52.222-35, Equal Opportunity for Veterans (
(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (
_____ (B) Alternate I (
(xvi)52.222-55, Minimum Wages Under Executive Order 13658 (
Note to paragraph (e)(1)(xvii): By a court order issued on
(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)
52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS CONCERNS (
(a) Definitions. See 13 CFR 125.6(e) for definitions of terms used in paragraph (d).
(b) Evaluation preference. (1) Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except--
(i) Offers from HUBZone small business concerns that have not waived the evaluation preference; and
(ii) Otherwise successful offers from small business concerns.
(2) The factor of 10 percent shall be applied on a line item basis or to any group of items on which award may be made. Other evaluation factors described in the solicitation shall be applied before application of the factor.
(3) When the two highest rated offerors are a HUBZone small business concern and a large business, and the evaluated offer of the HUBZone small business concern is equal to the evaluated offer of the large business after considering the price evaluation preference, award will be made to the HUBZone small business concern.
(c) Waiver of evaluation preference. A HUBZone small business concern may elect to waive the evaluation preference, in which case the factor will be added to its offer for evaluation purposes. The agreements in paragraphs (d) and (e) of this clause do not apply if the offeror has waived the evaluation preference.
___ Offeror elects to waive the evaluation preference.
(d) Agreement. A HUBZone small business concern agrees that in the performance of the contract, in the case of a contract for
(1) Services (except construction), at least 50 percent of the cost of personnel for contract performance will be spent for employees of the concern or employees of other HUBZone small business concerns;
(2) Supplies (other than procurement from a nonmanufacturer of such supplies), at least 50 percent of the cost of manufacturing, excluding the cost of materials, will be performed by the concern or other HUBZone small business concerns;
(3) General construction. (i) At least 15 percent of the cost of contract performance to be incurred for personnel will be spent on the prime contractor's employees; (ii) At least 50 percent of the cost of the contract performance to be incurred for personnel will be spent on the prime contractor's employees or on a combination of the prime contractor's employees and employees of HUBZone small business concern subcontractors; (iii) No more than 50 percent of the cost of contract performance to be incurred for personnel will be subcontracted to concerns that are not HUBZone small business concerns; or (4) Construction by special trade contractors. (i) At least 25 percent of the cost of contract performance to be incurred for personnel will be spent on the prime contractor's employees; (ii) At least 50 percent of the cost of the contract performance to be incurred for personnel will be spent on the prime contractor's employees or on a combination of the prime contractor's employees and employees of HUBZone small business concern subcontractors; (iii) No more than 50 percent of the cost of contract performance to be incurred for personnel will be subcontracted to concerns that are not HUBZone small business concerns.
(e) A HUBZone joint venture agrees that the aggregate of the HUBZone small business concerns to the joint venture, not each concern separately, will perform the applicable percentage of work requirements. (f)(1) When the total value of the contract exceeds
(End of clause)
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):
(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):
FAR Clauses http://acquisition.gov/comp/far/index.htm
DFAR Clauses http://www.acq.osd.mil/dpap/dars/dfars/index.htm
(End of clause)
252.203-7994 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS-REPRESENTATION (DEVIATION 2017-O0001)(
252.203-7995 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS (DEVIATION 2017-O0001)(
(d)(1) Use of funds appropriated (or otherwise made available) by the Continuing Appropriations Act, 2017 (Pub. L. 114-223), or any other Act that extends to fiscal year 2017 funds the same prohibitions as contained in section 743, division E, title VII, of the Consolidated Appropriations Act, 2016 (Pub. L. 114-113) may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause. (2) The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause.
(End of clause)
252.204-7006 BILLING INSTRUCTIONS (
When submitting a request for payment, the Contractor shall--
(a) Identify the contract line item(s) on the payment request that reasonably reflect contract work performance; and
(b) Separately identify a payment amount for each contract line item included in the payment request.
(End of clause)
252.232-7001 DISPOSITION OF PAYMENTS (
Payment will be by a dual payee
(End of clause) Section K - Representations, Certifications and Other Statements of Offerors
CLAUSES INCORPORATED BY REFERENCE
52.225-18 Place of Manufacture
CLAUSES INCORPORATED BY FULL TEXT
52.204-3 TAXPAYER IDENTIFICATION (
(a) Definitions.
Common parent, as used in this provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member.
Taxpayer Identification Number (TIN), as used in this provision, means the number required by the
(b) All offerors must submit the information required in paragraphs (d) through (f) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the
(c) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with
(d) Taxpayer Identification Number (TIN).
___ TIN:.--------------------------------------------------------
___ TIN has been applied for.
___ TIN is not required because:
___ Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in
___ Offeror is an agency or instrumentality of a foreign government;
___ Offeror is an agency or instrumentality of the Federal Government.
(e) Type of organization.
___ Sole proprietorship;
___ Partnership;
___ Corporate entity (not tax-exempt);
___ Corporate entity (tax-exempt);
___ Government entity (Federal, State, or local);
___ Foreign government;
___ International organization per 26 CFR 1.6049-4;
___ Other--------------------------------------------------------
(f) Common parent.
___ Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision.
___ Name and TIN of common parent:
Name-------------------------------------------------------------------
TIN--------------------------------------------------------------------
(End of provision)
52.222-25 AFFIRMATIVE ACTION COMPLIANCE (
The offeror represents that
(a) [ ] it has developed and has on file, [ ] has not developed and does not have on file, at each establishment, affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2), or
(b) [ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.
(End of provision) Section L - Instructions, Conditions and Notices to Bidders
CLAUSES INCORPORATED BY REFERENCE
52.214-34 Submission Of Offers In The English Language
Link/URL: https://www.fbo.gov/spg/DON/BUMED/N00183/N0018317Q0087/listing.html
Combine Solicitation – 56– ULTRA-VIOLET DISINFECTION SYSTEM (ROBOT) FOR USE IN A HOSPITAL / PATIENT SETTING
Combine Solicitation – R– Nationwide 3rd Party Liability Insurance – Open Competition
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