Combine Solicitation – gas chromatography mass spectrophotometry (GCMS) systems
Notice Type: Combine Solicitation
Posted Date:
Agency:
Office Address:
Subject: gas chromatography mass spectrophotometry (GCMS) systems
Classification Code: 66 - Instruments & laboratory equipment
Solicitation Number: N62645-16-T-0019
Contact:
Setaside: Economically Disadvantaged Woman Owned Small BusinessEconomically Disadvantaged Woman Owned Small Business
Place of Performance (address):
Place of Performance (zipcode): 92136
Place of Performance Country: US
Description:
Naval Medical Logistics Command
This is a combined synopsis/solicitation for commercial items prepared in accordance with FAR Subpart 12.6, as supplemented with additional information included in this notice. Also, this acquisition is being conducted under FAR 13, Simplified Acquisition procedures, specifically FAR 13.5, Simplified Procedures for Certain Commercial Items. This announcement constitutes the only solicitation; Quotations are requested and a written solicitation will not be issued. The solicitation is issued as a request for quotations (RFQ). Provisions and clauses in effect through Federal Acquisition Circular 2005-88 are incorporated. It is the contractor's responsibility to be familiar with the applicable clauses and provisions. The clauses may be accessed in full text at these addresses: http://acquisition.gov/far/ and http://farsite.hill.af.mil.
The NAICS code is 334516, with a small business size of 500 employees.
The solicitation number is N62645-16-T-0019.
The Naval Medical Logistics Command requests responses from qualified sources capable of providing gas chromatography mass spectrophotometry (GCMS) systems with the following:
ESSENTIAL CHARACTERISTICS:
The GCMS system shall be capable of performing
System 1: In addition to the above essential characteristics, (system 1) shall include DB-XLB 30m, 0.25mm, and 0.25[mu]m columns. This system (system 1) shall include an autoinjector with transfer turret and an autosampler.
System 2: In addition to the above essential characteristics, (system 2) shall include
Vendor shall be an Original Equipment Manufacturer (OEM) authorized maintenance contractor for the proposed equipment/systems, such that OEM warranty and service are provided and maintained by the OEM. All software licensing, warranty, and service associated with the equipment/system shall be in accordance with the OEM terms and conditions.
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0001 1 Each GCMS System 1 FFP Gas Chromatography Mass Spectrophotometry (GCMS) In addition to meeting the Essential Characteristics, System 1 shall include DB-XLB 30m, 0.25mm, and 0.25[mu]m columns. This system (system 1) shall include an autoinjector with transfer turret and an autosampler. FOB: Destination MILSTRIP: N6264516RCES077 PURCHASE REQUEST NUMBER: N6264516RCES077 ADDITIONAL MARKINGS: ATTN:
NET AMT
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0002 1 Each GCMS System 2 FFP Chromatography Mass Spectrophotometry (GCMS) In addition to meeting the Essential Characteristics, System 2 shall include
NET AMT
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0003 1 Each MDRA FFP Completed Gold Section returned to Naval Medical Logistics Command (NMLC) within 10 business days after award. FOB: Destination MILSTRIP: N6264516RCES077 PURCHASE REQUEST NUMBER: N6264516RCES077 ADDITIONAL MARKINGS: ATTN:
NET AMT
INSTRUCTION TO OFFERORS This section specifies the format and content that Quoters shall use in this Request for Quote (RFQ). Quoters shall submit a quote that is legible and comprehensive enough to provide the basis for a sound evaluation by the Government. Any quote which does not provide, as a minimum, that which is required in the solicitation may be determined to be substantially incomplete and not warrant any further consideration.
All questions must be submitted in writing via email NO LATER THAN
Answers to questions will be addressed and posted to Federal Business Opportunities (FedBizOpps), as soon as possible after the deadline for questions has closed. Please submit only one set of questions per company.
Response Submission Responses are due by
Incomplete responses may not be considered. To be considered for award, responses must contain the following information:
All Quoters shall provide the following company details: * Complete company name and address *
Technical: * Conformance to Essential Characteristics: Quoters shall submit a quote including all necessary documentation demonstrating that its system meets all of the requirements within the Essential Characteristics. If marketing brochures are submitted, please ensure that it denotes exactly how all Essential Characteristics are met; otherwise, provide the supplemental information within the technical approach of the quote. Quoters shall submit sufficient documentation to allow for an evaluation of its abilities to meet the Essential Characteristics. * Conformance to Navy Cybersecurity Requirements (Other Contracting Requirements): The Quoters shall complete the ENTIRE blue section of the Medical Device Risk Assessment (MDRA) located at http://www.med.navy.mil/sites/nmlc/Pages/DBU-RFP.aspx. * Design Quality and Capability: Quoters shall submit sufficient documentation to allow for an evaluation of the design quality and capabilities of proposed system.
Past Performance: Quoters shall provide past performance data for similar contracts for the last two (2) years, up to three (3) data points, or three (3) data points for delivery starting with the most recent contracts for which delivery occurred at least six (6) months prior to the closing of this solicitation.
If the quoter does not possess relevant past performance, the quoter shall submit a statement affirming that it possesses no relevant Past Performance.
The data for each reference shall include: * Organization/Location * Point of contact/Telephone number and Email Address * Contract Number * Contract Date * Value of the Contract (rounding to the nearest
Price: * The Quoter shall provide pricing for all line items and a total contract price (all line items). * The Quoter shall provide acknowledgement of any amendments. * The proposed price will be evaluated by the Government and must be determined to be fair and reasonable for award. * Quoter shall include estimated timeframe, after receipt of contract, for delivery. * Other Administrative Instructions: * Quoters shall be registered in the System for Award Management (SAM) database in accordance with FAR 52.212-3. The quoter shall verify its online representations and certifications are current, accurate, complete and applicable to this solicitation as of the date of its offer and are incorporated in its offer by reference. The quoter shall also be registered in SAM under the applicable NAICS code for this solicitation, 334516. Registration is free and can be completed on-line at https://www.sam.gov/portal/public/SAM/. No documentation is required to be submitted in response to this paragraph. * Quoters shall complete and submit FAR 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under and Federal Law.
EVALUATION FACTORS The Government intends to award one (1) firm-fixed price contract resultant from the issuance of this solicitation to the responsible Quoter submitting a quote that is determined most advantageous to the Government, price and other factors considered. However, price may become a critical factor in the event that two or more Quoters are determined to be essentially equal following the evaluation of technical and past performance factors. Awards under this procurement will be made to the Quoter determined to be the best value to the Government. The Quoter's initial quote shall contain the Quoter's best terms from a price and technical standpoint. The Government intends to evaluate offers and award a contract without discussions, but reserves the right to conduct discussions if the Contracting Officer determines discussions to be necessary.
The Quoter's quotes shall include sufficiently detailed information to enable evaluation based on the factors listed below in order of decreasing priority: 1. Technical a. Conformance to Essential Characteristics b. Conformance to Navy Cybersecurity Requirements (Other Contracting Requirements) c. Design Quality and Capability 2. Past Performance 3. Price
1. Technical:
a. Conformance to Essential Characteristics - Evaluation shall include ability to meet the essential characteristics of this requirement. Vendors not meeting all requirements will not be further considered for award, unless there are no other technically acceptable Quoters. This will be rated either Pass or Fail.
b. Conformance to Navy Cybersecurity requirements - The Government will evaluate the capability of the proposed system to meet Navy Cybersecurity requirements. This evaluation will be based on the information provided in the completed Medical Device Risk Assessment (MDRA) form.
c. Design Quality and Capability - The Government will evaluate the design, quality and capabilities of the proposed system to detect organic solvents in air samples, under the operation of staff at CIHL San Diego.
2. Past Performance: The Government will evaluate the Quoter's recent relevant past performance record as to (1) the functional performance of the proposed or similar gas chromatography systems that the Quoter has delivered to previous customers and (2) the quality and timeliness of the technical assistance, hardware and software updates/upgrades that the vendor has supplied to its customers, following the initial fielding of those systems.
The Government reserves the right to utilize other information not provided by the vendor and will evaluate information readily available. It is the responsibility of the Quoter to ensure names and phone numbers of points of contact are verified and accurate. In the case of an Quoter without a record of relevant past performance or for whom information on past performance is not available, the Quoter will not be evaluated favorably or unfavorably on past performance (FAR 15.305(a)(2)(iv)). The Quoter will receive a neutral rating.
3. Price:
Reasonableness: The degree to which the Quoter's total proposed price represents a fair and reasonable price, including any additional components that must be purchased to make the system fully functional.
Completeness: Quoters's have included pricing for all items, are registered in SAM at time of award, and have acknowledged all amendments.
ADMINISTRATIVE INFORMATION THE POINT OF contact FOR ADMINISTRATIVE CONCERNS FOR THIS CONTRACT AT THE NAVAL MEDICAL LOGISTICS COMMAND, 693 NEIMAN STREET,
OTHER CONTRACT REQUIREMENTS Risk Management Framework (RMF)
The contractor shall comply with RMF requirements, as specified by the
Attending and supporting RMF and A&A meetings with
Support/conduct vulnerability mitigation to comply with cybersecurity controls listed in
Support the A&A Team during system security testing.
Once the system has been authorized, the contractor shall maintain an acceptable security baseline consistent with the authorization granted by the AO throughout the life of the system. This includes ensuring that all vulnerabilities affecting the operating system, primary application, database and all third party software have validated and applied within 30 days.
Cybersecurity
The vendor shall establish appropriate administrative and technical safeguards to protect any and all data, to ensure the confidentiality, integrity, and availability of Government data under their control. At a minimum, this shall include provisions for vendor personnel security and electronic security.
The proposed system shall be capable of supporting the use of
The vendor must provide their Antivirus (AV) policy and a list of AV Exceptions (if applicable) to the NMLC prior to AV installation on the system/device. AV must be installed on all devices before they are placed on the
Systems shall be configured in such a way to allow for the updating of malware definition signatures on a scheduled basis. Scanning shall encompass the entire system (file system, operating system, real-time processes), by default. In cases where scanning of the entire system may negatively affect its operation, the vendor shall provide a detailed list of exclusions with justifications.
Vulnerability Management
Vulnerability mitigation strategies include security updates, service packs, and changes to operating procedures as physical and cyber vulnerabilities are detected. Operating systems, servers, development platforms and the application being delivered to the
All vendor validated and approved patches, up to and including the date of install, must be loaded on the system prior to system go-live. Security scans will be run during government acceptance testing. All Category I (CAT I) findings must be remediated prior to government acceptance of the system. A CAT I vulnerability is any vulnerability, the exploitation of which will, directly and immediately result in loss of Confidentiality, Availability, or Integrity. There shall be no more than 10 Category II (
Domain Name System Realm/Directory Services
Contractor will be required to provide technical evidence, if applicable, whether client/server topology based medical systems can integrate with Directory Services and support LDAP authentication.
Local Privileged and Administrative User/Local System Accounts
Contractor shall create a single local user account with administrative/root level privileges for purposes of conducting system repairs and maintenance only. This account shall be separate and distinct from the built-in local administrative/root account provided by the Operating System and shall comply with
Complete administrative system rights shall be provided to the government System Administrator for the purpose of conducting device vulnerability scans as needed.
DHA Business to Business (B2B)
Contractors will connect to the B2B gateway via a contractor procured Internet Service Provider (ISP) connection and assume all responsibilities for establishing and maintaining their connectivity to the B2B gateway. This will include acquiring and maintaining the circuit to the B2B gateway and acquiring a Virtual Private Network (VPN) device compatible with the DHA VPN device. Maintenance and repair of contractor procured VPN equipment shall be the responsibility of the contractor.
Contractors shall configure their network to support access to government systems (e.g., configure ports and protocols for access).
Contractors shall provide full time connections to a TIER1 or TIER2 ISP. Dial-up ISP connections are not acceptable.
Contractors will comply with
IPv6
The proposed system shall be Internet Protocol version 6 (IPv6) capable or the vendor shall provide a detailed project, migration or planning documentation to show when the proposed system shall be IPv6 capable. Minimum IPv6 capabilities include:
* Conformant with the IPv6 standards profile contained in the DoD IT Standards Registry (DISR);
* Maintaining interoperability in heterogeneous environments with IPv4;
* Commitment to upgrade as the IPv6 standard evolves;
* Availability of vendor IPv6 technical support.
The contractor shall be able to demonstrate or provide documentation to prove that their product is IPv6 capable
Health Insurance Portability and Accountability Act (HIPAA) The contractor shall comply with the HIPAA Act of 1996 (Public Law 104-191) requirements, specifically the administrative simplification provision s of the law and the associated rules and regulations published by the Secretary,
Applicable References: DoD Instruction 8510.01, Risk Management Framework (RMF) for DoD Information Technology (IT) NIST SP 800-37 Guide for Applying the Risk Management Framework to Federal Information Systems of
CONTRACTOR SUPPORT Notice: Navy Use Of Support Contractor For Contract Closeout Functions
Naval Medical Logistics Command (NMLC) uses two private contractors in support of the contract closeout process. Those companies are
The contract closeout process includes activities such as processing deobligation modifications, obtaining contractor and requiring activity concurrence, preparing the DD-Form 1594 (Contract Completion Statement), and preparing closed files for archiving. Support contractors may perform additional administrative duties, including filing and processing simple administrative modifications. Performing these functions require the contractor employees to have access to the contract file. Therefore, information you provide to the Government or information already in the possession of the Government may be viewed by these support contractors in the course of performing contract close-out functions. The information that may be made available to the contractor may include pricing and technical proposals and performance information.
NMLC has signed Non-Disclosure Agreements with each support contractor employee and has required both contractors to provide a Conflict of interest Mitigation Plan to ensure these employees are firewalled from all business development activity.
By submission of a quote, the offeror and its subcontractors consent to access of their business sensitive/confidential or proprietary data by the Government's support contractor personnel in order to perform close out services.
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 0003 Destination Government Destination Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC 0001
CLAUSES INCORPORATED BY REFERENCE
52.203-3 Gratuities
CLAUSES INCORPORATED BY FULL TEXT
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (
The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (r) of this provision. (a) Definitions. As used in this provision-- "Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of
___ ___
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[List as necessary] (3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (g) (1) Buy American -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American -- Free Trade Agreements -- Israeli Trade Act, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside
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[List as necessary] (iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in
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[List as necessary] (iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (2) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act": Canadian End Products: Line Item No.: ___ [List as necessary] (3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act'': Canadian or Israeli End Products: Line Item No.: Country of Origin: ___ ___
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[List as necessary] (4) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act": Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: Line Item No.: Country of Origin: ___ ___
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[List as necessary] (5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a
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[List as necessary] (iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of
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(2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.] [ ___ ] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. [ ___ ] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that is has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor. (j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly- (1) [ ___ ] In
(1) The Offeror represents that it [ ___ ] has or [ ___ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (2) and if applicable, paragraph (3) of this provision for each participant in the joint venture.
(2) If the Offeror indicates "has" in paragraph (p)(1) of this provision, enter the following information: Immediate owner CAGE code: ____________________. Immediate owner legal name: _____________________. (Do not use a "doing business as" name) Is the immediate owner owned or controlled by another entity: ____ Yes or ____ No.
(3) If the Offeror indicates "yes" in paragraph (p)(2) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information: Highest-level owner CAGE code: __________________. Highest-level owner legal name: ___________________. (Do not use a "doing business as" name)
(q) Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law.
(1) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, The Government will not enter into a contract with any corporation that-
(i) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or
(ii) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.
(2) The Offeror represents that-
(i) It is ____ is not ____ a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and
(ii) It is ____ is not ____ a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.
(r) Predecessor of Offeror. (Applies in all solicitations that include the provision at 52.204-16, Commercial and Government Entity Code Reporting.) (1) The Offeror represents that it [ ___ ] is or [ ___ ] is not a successor to a predecessor that held a Federal contract or grant within the last three years. (2) If the Offeror has indicated "is'' in paragraph (r)(1) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order): Predecessor CAGE code: ____ (or mark "Unknown''). Predecessor legal name: ____. (Do not use a "doing business as'' name).
(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.)
X (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 (
X (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 (
X (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 (
X (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 (
X (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 (
X (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 (
X (25) 52.222-3, Convict Labor (
X(26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (
X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
X (28) 52.222-26, Equal Opportunity (
X (29) 52.222-35, Equal Opportunity for Veterans (
X (30) 52.222-36, Equal Opportunity for Workers with Disabilities (
X (31) 52.222-37, Employment Reports on Veterans (
X (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (
X (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 EPA-Designated Items (
____ (ii) Alternate I (
____ (36) (i) 52.223-13, Acquisition of EPEAT(R) Registered Imaging Equipment (
____ (ii) Alternate I (
____ (37)(i) 52.223-14, Acquisition of EPEAT(R) Registered Televisions (
____ (ii) Alternate I (
____ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (
____ (39)(i) 52.223-16, Acquisition of EPEAT[supreg]-Registered Personal Computer Products (
____ (ii) Alternate I (
X (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (
____ (41) 52.225-1, Buy American'upplies (
____(42) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (
____ (ii) Alternate I (
____ (iii) Alternate II (
____ (iv) Alternate III (
____ (43) 52.225-5, Trade Agreements (
X (44) 52.225-13, Restrictions on Certain Foreign Purchases (
____ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (
____ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (
____ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (
____ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (
____ (49) 52.232-30, Installment Payments for Commercial Items (
____ (50) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (
X (51) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (
____ (52) 52.232-36, Payment by Third Party (
____ (53) 52.239-1, Privacy or Security Safeguards (
____ (54)(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)
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):
https://www.acquisition.gov/ http://farsite.hill.af.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):
https://www.acquisition.gov/ http://farsite.hill.af.mil/
(End of clause)
252.203-7996 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS-REPRESENTATION (DEVIATION 2016-O0003)(
(c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (End of provision)
252.203-7997 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS (DEVIATION 2016-O0003)(
(d)(1) Use of funds appropriated (or otherwise made available) by the Continuing Appropriations Act, 2016 (Pub. L. 114-53) or any other FY 2016 appropriations act that extends to FY 2016 funds the same prohibitions as contained in sections 743 of division E, title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) 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)
252.204-7011 ALTERNATIVE LINE-ITEM STRUCTURE (
(a) Line items are the basic structural elements in a solicitation or contract that provide for the organization of contract requirements to facilitate pricing, delivery, inspection, acceptance and payment. Line items are organized into contract line items, subline items, and exhibit line items. Separate line items should be established to account for separate pricing, identification (see section 211.274 of the Defense Federal Acquisition Regulation Supplement), deliveries, or funding. The Government recognizes that the line item structure in this solicitation may not conform to every offeror's practices. Failure to correct these issues can result in difficulties in accounting for deliveries and processing payments. Therefore, offerors are invited to propose an alternative line item structure for items on which bids, proposals, or quotes are requested in this solicitation to ensure that the resulting contract structure is economically and administratively advantageous to the Government and the Contractor. (b) If an alternative line item structure is proposed, the structure must be consistent with subpart 204.71 of the Defense Federal Acquisition Regulation Supplement and PGI 204.71. A sample solicitation line-item structure and a corresponding offer of a proposed alternative line-item structure follow. Solicitation:
---------------------------------------------------------------------------------------------------------------- Item No. Supplies/Service Quantity Unit Unit price Amount ---------------------------------------------------------------------------------------------------------------- 0001............................ Computer, Desktop with 20 EA ............ ........... CPU, Monitor, Keyboard and Mouse. ----------------------------------------------------------------------------------------------------------------
Alternative line-item structure offer where monitors are shipped separately:
---------------------------------------------------------------------------------------------------------------- Item No. Supplies/Service Quantity Unit Unit Price Amount ---------------------------------------------------------------------------------------------------------------- 0001............................ Computer, Desktop with 20 EA ............ ........... CPU, Keyboard and Mouse. 0002............................ Monitor................. 20 EA ............ ........... ----------------------------------------------------------------------------------------------------------------
(End of provision)
252.211-7003 ITEM UNIQUE IDENTIFICATION AND VALUATION (
(a) Definitions. As used in this clause'
Automatic identification device means a device, such as a reader or interrogator, used to retrieve data encoded on machine-readable media.
Concatenated unique item identifier means--
(1) For items that are serialized within the enterprise identifier, the linking together of the unique identifier data elements in order of the issuing agency code, enterprise identifier, and unique serial number within the enterprise identifier; or
(2) For items that are serialized within the original part, lot, or batch number, the linking together of the unique identifier data elements in order of the issuing agency code; enterprise identifier; original part, lot, or batch number; and serial number within the original part, lot, or batch number.
Data Matrix means a two-dimensional matrix symbology, which is made up of square or, in some cases, round modules arranged within a perimeter finder pattern and uses the Error Checking and Correction 200 (ECC200) specification found within
Data qualifier means a specified character (or string of characters) that immediately precedes a data field that defines the general category or intended use of the data that follows.
Enterprise means the entity (e.g., a manufacturer or vendor) responsible for assigning unique item identifiers to items.
Enterprise identifier means a code that is uniquely assigned to an enterprise by an issuing agency.
Government's unit acquisition cost means--
(1) For fixed-price type line, subline, or exhibit line items, the unit price identified in the contract at the time of delivery;
(2) For cost-type or undefinitized line, subline, or exhibit line items, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery; and
(3) For items produced under a time-and-materials contract, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery.
Issuing agency means an organization responsible for assigning a globally unique identifier to an enterprise, as indicated in the Register of Issuing Agency Codes for ISO/IEC 15459, located at http://www.aimglobal.org/ Reg_Authority15459.
Issuing agency code means a code that designates the registration (or controlling) authority for the enterprise identifier.
Item means a single hardware article or a single unit formed by a grouping of subassemblies, components, or constituent parts.
Lot or batch number means an identifying number assigned by the enterprise to a designated group of items, usually referred to as either a lot or a batch, all of which were manufactured under identical conditions.
Machine-readable means an automatic identification technology media, such as bar codes, contact memory buttons, radio frequency identification, or optical memory cards.
Original part number means a combination of numbers or letters assigned by the enterprise at item creation to a class of items with the same form, fit, function, and interface.
Parent item means the item assembly, intermediate component, or subassembly that has an embedded item with a unique item identifier or
Serial number within the enterprise identifier means a combination of numbers, letters, or symbols assigned by the enterprise to an item that provides for the differentiation of that item from any other like and unlike item and is never used again within the enterprise.
Serial number within the part, lot, or batch number means a combination of numbers or letters assigned by the enterprise to an item that provides for the differentiation of that item from any other like item within a part, lot, or batch number assignment.
Serialization within the enterprise identifier means each item produced is assigned a serial number that is unique among all the tangible items produced by the enterprise and is never used again. The enterprise is responsible for ensuring unique serialization within the enterprise identifier.
Serialization within the part, lot, or batch number means each item of a particular part, lot, or batch number is assigned a unique serial number within that part, lot, or batch number assignment. The enterprise is responsible for ensuring unique serialization within the part, lot, or batch number within the enterprise identifier.
Type designation means a combination of letters and numerals assigned by the Government to a major end item, assembly or subassembly, as appropriate, to provide a convenient means of differentiating between items having the same basic name and to indicate modifications and changes thereto.
Unique item identifier means a set of data elements marked on items that is globally unique and unambiguous. The term includes a concatenated unique item identifier or a
Unique item identifier type means a designator to indicate which method of uniquely identifying a part has been used. The current list of accepted unique item identifier types is maintained at http://www.acq.osd.mil/dpap/pdi/uid/uii_types.html.
(b) The Contractor shall deliver all items under a contract line, subline, or exhibit line item.
(c) Unique item identifier. (1) The Contractor shall provide a unique item identifier for the following:
(i) Delivered items for which the Government's unit acquisition cost is
------------------------------------------------------------------------ Contract line, subline, or exhibit line item No. Item description ------------------------------------------------------------------------ N/A ------------------------------------------------------------------------
(ii) Items for which the Government's unit acquisition cost is less than
------------------------------------------------------------------------ Contract line, subline, or exhibit line item No. Item description ------------------------------------------------------------------------ N/A ------------------------------------------------------------------------
(If items are identified in the Schedule, insert "See Schedule'' in this table.)
(iii) Subassemblies, components, and parts embedded within delivered items, items with warranty requirements,
(iv) Any item of special tooling or special test equipment as defined in FAR 2.101 that have been designated for preservation and storage for a Major Defense Acquisition Program as specified in Attachment Number ----.
(v) Any item not included in paragraphs (c)(1)(i), (ii), (iii), or
(iv) of this clause for which the contractor creates and marks a unique item identifier for traceability.
(2) The unique item identifier assignment and its component data element combination shall not be duplicated on any other item marked or registered in the DoD Item Unique Identification Registry by the contractor. (3) The unique item identifier component data elements shall be marked on an item using two dimensional data matrix symbology that complies with ISO/IEC International Standard 16022, Information technology--International symbology specification--Data matrix; ECC200 data matrix specification. (4) Data syntax and semantics of unique item identifiers. The Contractor shall ensure that-- (i) The data elements (except issuing agency code) of the unique item identifier are encoded within the data matrix symbol that is marked on the item using one of the following three types of data qualifiers, as determined by the Contractor:
(A) Application Identifiers (AIs) (Format Indicator 05 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology--EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard. (B) Data Identifiers (DIs) (Format Indicator 06 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology--EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard. (C) Text Element Identifiers (TEIs) (Format Indicator 12 of ISO/IEC International Standard 15434), in accordance with the Air Transport Association Common Support Data Dictionary; and (ii) The encoded data elements of the unique item identifier conform to the transfer structure, syntax, and coding of messages and data formats specified for Format Indicators 05, 06, and 12 in ISO/IEC International Standard 15434, Information Technology-Transfer Syntax for High Capacity Automatic Data Capture Media. (5) Unique item identifier. (i) The Contractor shall-- (A) Determine whether to-- (1) Serialize within the enterprise identifier; (2) Serialize within the part, lot, or batch number; or (3) Use a
(d) For each item that requires item unique identification under paragraph (c)(1)(i), (ii), or (iv) of this clause or when item unique identification is provided under paragraph (c)(1)(v), in addition to the information provided as part of the Material Inspection and Receiving Report specified elsewhere in this contract, the Contractor shall report at the time of delivery, as part of the Material Inspection and Receiving Report, the following information:
(1) Unique item identifier.
(2) Unique item identifier type.
(3) Issuing agency code (if concatenated unique item identifier is used).
(4) Enterprise identifier (if concatenated unique item identifier is used).
(5) Original part number (if there is serialization within the original part number).
(6) Lot or batch number (if there is serialization within the lot or batch number).
(7) Current part number (optional and only if not the same as the original part number).
(8) Current part number effective date (optional and only if current part number is used).
(9) Serial number (if concatenated unique item identifier is used).
(10) Government's unit acquisition cost.
(11) Unit of measure.
(e) For embedded subassemblies, components, and parts that require
(1) Unique item identifier of the parent item under paragraph (c)(1) of this clause that contains the embedded subassembly, component, or part.
(2) Unique item identifier of the embedded subassembly, component, or part.
(3) Unique item identifier type.**
(4) Issuing agency code (if concatenated unique item identifier is used).**
(5) Enterprise identifier (if concatenated unique item identifier is used).**
(6) Original part number (if there is serialization within the original part number).**
(7) Lot or batch number (if there is serialization within the lot or batch number).**
(8) Current part number (optional and only if not the same as the original part number).**
(9) Current part number effective date (optional and only if current part number is used).**
(10) Serial number (if concatenated unique item identifier is used).**
(11) Description.
(12) Type designation of the item as specified in the contract schedule, if any. (13) Whether the item is an item of Special Tooling or Special Test Equipment. (14) Whether the item is covered by a warranty. ** Once per item.
(e) For embedded subassemblies, components, and parts that require
(f) The Contractor shall submit the information required by paragraphs (d) and (e) of this clause as follows: (1) End items shall be reported using the receiving report capability in Wide Area WorkFlow (WAWF) in accordance with the clause at 252.232-7003. If WAWF is not required by this contract, and the contractor is not using WAWF, follow the procedures at http://dodprocurementtoolbox.com/site/uidregistry/. (2) Embedded items shall be reported by one of the following methods-- (i) Use of the embedded items capability in WAWF; (ii) Direct data submission to the IUID Registry following the procedures and formats at http://dodprocurementtoolbox.com/site/uidregistry/; or (iii) Via WAWF as a deliverable attachment for exhibit line item number (fill in) ----, Unique Item Identifier Report for Embedded Items, Contract Data Requirements List, DD Form 1423. (g) Subcontracts. If the Contractor acquires by contract any items for which item unique identification is required in accordance with paragraph (c)(1) of this clause, the Contractor shall include this clause, including this paragraph (g), in the applicable subcontract(s), including subcontracts for commercial items.
(End of clause)
252.225-7000 BUY AMERICAN--BALANCE OF PAYMENTS PROGRAM CERTIFICATE--BASIC (
(a) Definitions. Commercially available off-the-shelf (COTS) item, component, domestic end product, foreign end product, qualifying country, qualifying country end product, South Caucasus/Central and South Asian (SC/CASA) state, South Caucasus/Central and South Asian (SC/CASA) state end product, and
(b) Evaluation. The Government--
(1) Will evaluate offers in accordance with the policies and procedures of Part 225 of the Defense Federal Acquisition Regulation Supplement; and
(2) Will evaluate offers of qualifying country end products without regard to the restrictions of the Buy American statute or the Balance of Payments Program.
(c) Certifications and identification of country of origin.
(1) For all line items subject to the Buy American and Balance of Payments Program-- Basic clause of this solicitation, the offeror certifies that--
(i) Each end product, except those listed in paragraph (c)(2) or (3) of this provision, is a domestic end product; and
(ii) For end products other than COTS items, components of unknown origin are considered to have been mined, produced, or manufactured outside
(2) The offeror certifies that the following end products are qualifying country end products:
___ (Line Item Number Country of Origin)
___ (Country of Origin)
(3) The following end products are other foreign end products, including end products manufactured in
(Line Item Number) ___
(Country of Origin (If known)) ___
(End of provision)
252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (
Invoice and Receiving Report COMBO (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
POC to be determined at time of award
(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)
Link/URL: https://www.fbo.gov/spg/DON/BUMED/N62645/N62645-16-T-0019/listing.html
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