FBODaily.com | FedBizOpps: MOD | 66 | Autoclave - Amendment 1

FBO DAILY - FEDBIZOPPS ISSUE OF JULY 13, 2014 FBO #4614
MODIFICATION

66 -- Autoclave - Amendment 1

Notice Date: 7/11/2014
Notice Type: Modification/Amendment
NAICS: 334516 — Analytical Laboratory Instrument Manufacturing
Contracting Office: Department of Health and Human Services, Food and Drug Administration, Office of Acquisitions and Grants Services, 5630 Fishers Lane, Room 2129, Rockville, Maryland, 20857-0001
ZIP Code: 20857-0001
Solicitation Number: FDA_14-223-SOL-1135326
Archive Date: 8/5/2014
Point of Contact: Yolanda T. Peer, Phone: 8705437479
E-Mail Address: yolanda.peer@fda.hhs.gov
(yolanda.peer@fda.hhs.gov)
Small Business Set-Aside: N/A
Description: The purpose of this Attachment and Amendment 0001 is to release Questions and Answers regarding the Solicitation. The due date has been extend to July 21, 2014 The purpose of this Attachment and Amendment 0001 is to update the Specifications. Document Type: Combined Synopsis/Solicitation Amendment: 0001 Solicitation Number: FDA_14-223-SOL-1135326 Posted Date: July 11, 2014 Response Date: July 21, 2014 NAICS Code: 334516 - Analytical Laboratory Instrument Manufacturing - Small Business Size Standard of 500 employees Contracting Office Address FDA/OO/OFBA/OAGS/DAP National Center for Toxicological Research (NCTR) 3900 NCTR Road Jefferson, AR 72079 Description This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6 "Streamlined Procedures for Evaluation and Solicitation for Commercial Items", as supplemented with additional information included on this notice and in conjunction with FAR Part 13.106, utilizing Simplified Acquisition Procedures. This announcement constitutes the only solicitation; offers are being requested, and a written solicitation document will not be issued. The solicitation number is FDA_14-223-SOL-1135326. This solicitation is issued as a Request for Quote (RFQ). This solicitation and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-74 dated July 1, 2014. The associated North American Industry Classification System (NAICS) Code for this procurement is 334516 - Analytical Laboratory Instrument Manufacturing; Small Business Size Standard of 500 employees. This combined/synopsis solicitation is set aside for small business. Background: The U.S. Food and Drug Administration (FDA)/ Office of Regulatory Affairs (ORA) has a need for an Autoclave for the decontamination of biological hazardous waste. Minimum Technical Requirements for the Autoclave: • Shall be able to run off of building steam with liquid and gravity cycles • Shall utilize building water of 75-80 psi and air supply of 90 psi • Shall produce a paper copy of each run • Shall have one (1) single door for loading and unloading items that will be autoclaved • The program parameters shall be password protected • Unit door shall be a single "Right-Hand Hinge" • Shall have a Chamber size of 26.5X36X53" inches • Shall be able to accommodate loads from 101bs to 200lbs of waste per load (loads are run every day, 2 to 3 times per day) • Shall be able to maintain a temperature of 121.0°C • Shall have a Chamber that has tracks with loading cart and rack • The Contractor shall deliver and install unit • The Contractor shall test and provide operation training for the Autoclave • One (1) year of Preventative Maintenance to include two (2) PM visits with parts and labor • The Contractor shall un-install and remove the existing autoclave (Getinge Model 233LS; Serial Number: 99M60491) Four (4) 1-year Post-Warranty Preventative Maintenance (PM)/Repair Services Option Periods • Shall include a minimum of one (1) planned preventative maintenance visit per contract year. • Shall include unlimited corrective/remedial maintenance visits within 3 business days of call for service (for problems that cannot be solved remotely). • Shall include unlimited technical support, Mondays - Fridays (excluding Federal Holidays) between the hours of 7:00 AM - 5:00 PM Eastern, (e.g., telephone-based, email-based, website-based, etc.) • Shall include unlimited software and firmware updates during the coverage period(s). • All maintenance and repair activities shall be performed by formally trained and certified technicians/engineers, following Original Equipment Manufacturer (OEM) specifications, manuals, and service bulletins, using OEM replacement parts, components, subassemblies, etc. Period of Performance: The estimated dates could potentially be as follows: Award of contract: July 28, 2014 Option Year 1: July 28, 2015 thru July 27, 2016 Option Year 2: July 28, 2016 thru July 27, 2017 Option Year 3: July 28, 2017 thru July 27, 2018 Option Year 4: July 28, 2018 thru July 27, 2019 Actual dates are contingent upon the date of Government acceptance and subsequent warranty period. Dates listed above are estimates only and actual dates for all four (4) option years will be updated not later than the exercise of Option Year 1. FOB Destination: Contract Type: Firm Fixed Price CLIN DESCRIPTION QUANTITY UNIT PRICE TOTAL PRICE 0001 Autoclave 1 tiny_mce_marker____________ tiny_mce_marker__________ *Option Year 1: - Preventative Maintenance (PM)/Repair Services for the Autoclave Services as described in the Post Warranty PM/Repair Option Periods section above Firm Fixed Price tiny_mce_marker________________ *Option Year 2: - Preventative Maintenance (PM)/Repair Services for the Autoclave Services as described in the Post Warranty PM/Repair Option Periods section above Firm Fixed Price tiny_mce_marker___________________ *Option Year 3: - Preventative Maintenance (PM)/Repair Services for the Autoclave Services as described in the Post Warranty PM/Repair Option Periods section above Firm Fixed Price tiny_mce_marker_______________________ *Option Year 4: - Preventative Maintenance (PM)/Repair Services for the Autoclave Services as described in the Post Warranty PM/Repair Option Periods section above Firm Fixed Price tiny_mce_marker_______________________ Total Price, CLIN 0001 and all four option periods: tiny_mce_marker______________________ GSA Contract Number (If applicable): _______________________ *Significant price increases beyond those of expected inflation for Option Year services shall be explained and supported in the offer. Delivery Address and Place of Performance: Food and Drug Administration National Center for Toxicological Research Office of Regulatory Affairs 3900 NCTR Jefferson, AR 72079 Clauses and Provisions: The full text of FAR and HHSAR provisions and clauses may be accessed electronically at http://acquisition.gov/far/index.html or http://www.hhs.gov/policies/hhsar. For each clause listed, the version in effect is that which is included in Federal Acquisition Circular FAC 2005-74 effective July 1, 2014. CLAUSES FAR 52.212-4 Contract Terms and Conditions-Commercial Items applies. (May 2014) The following FAR 52.212-4 addenda apply: The supplies and/or services delivered hereunder shall be inspected and accepted at destination by the contracting officer's representative (COR) specified at award. If the supplies or services are acceptable, the COR shall promptly forward a report of inspection and acceptance to the paying office. If the supplies or services are not acceptable, the COR shall document the nonconforming items/services and immediately notify the contracting officer. Records and Reports The Contractor shall, commensurate with the completion of each service call (inclusive of warranty service), provide the end-user of the equipment with a copy of a field service report/ticket identifying the equipment name, manufacturer, model number, and serial number of the equipment being serviced/repaired and detailing the reason for the service call, a detailed description of the work performed, the test instruments or other equipment used to affect the repair or otherwise perform the service, the name(s) and contact information of the technician who performed the repair/service, and for information purposes, the on-site hours expended and parts/components replaced. In addition, the Contractor shall provide a written report to the FDA COR and Contract Specialist, summarizing all maintenance and repair activities (including warranty work) each time service and/or repair is performed. The following additional FAR and HHSAR clauses, which are incorporated by reference, apply. Clauses and provisions can be obtained at https://www.acquisition.gov/far/ FAR 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) FAR 52.204-7 System for Award Management (Jul 2013) FAR 52.217-9 Option to Extend the Term of the Contract (Apr 2012) (a) "...one (1) calendar day of contract expiration;.....30 calendar...." (c)"...shall not exceed 4 years beyond warranty expiration." FAR 52.232-40 Providing Accelerated Payment to Small Business Subcontractors (Dec 2013) HHSAR 352.202-1 Definitions (Jan 2006) HHSAR 352.203-70 Anti-Lobbying (Jan 2006) HHSAR 352.222-70 Contractor Cooperation in Equal Employment Opportunity Investigations (Jan 2010) Invoice Submission INVOICES SHALL NOT BE SUBMITTED MORE FREQUENTLY THAN ONCE PER MONTH THE CONTRACTOR SHALL SUBMIT ALL INVOICES TO ALL ADDRESSES IN THE MANNER SPECIFIED BELOW: (I) ONE ORIGINAL AND ONE COPY MAILED TO THE PAYMENT OFFICE AT: FDA/OC/OA/OFO/OFS Attn: Division of Payment Services 3900 NCTR Road, HFT-324 Building 50, 6th floor, 616 Jefferson, AR 72079 Fax 870-543-7224 An electronic invoice can be emailed to the following address: nctrinvoices@fda.hhs.gov (II) ONE COPY TO THE FOLLOWING INDIVIDUAL CLEARLY MARKED "FOR INFORMATION PURPOSES ONLY/COURTESY COPY ONLY": Food and Drug Administration National Center for Toxicological Research ATTN: Rachel Rochelle 3900 NCTR Road Jefferson, AR 72079 ***Acceptable methods of delivery include: mail, hand delivery, or email The purpose of submitting this invoice is to prompt the COR to accept/receive the items in iProcurement upon receipt of the invoice. Invoices submitted under this contract must comply with the requirements set forth in FAR clauses 52.232-25 (prompt payment) and 52.232-33 (payment by electronic funds transfer - central contractor registration) and/or other applicable far clauses specified herein. To constitute a proper invoice, the invoice must be submitted on company letterhead and include each of the following: (I) Name and Address of the Contractor; (II) Invoice Date and Invoice Number; (III) Purchase Order/Award Number; (IV) Description, Quantity, Unit of Measure, Unit Price, and extended Price Supplies Delivered or Services Performed, Including: (a) Period of Performance for which costs are claimed; (b) Itemized Travel Costs, Including Origin and Destination; (c) Any other supporting information necessary to clarify questionable expenditures; (V) Shipping Number and Date of Shipment, Including the Bill of Lading Number and Weight of Shipment if shipped on Government Bill of Lading; (VI) Terms of Any Discount For Prompt Payment Offered; (VII) Name and Address of Official to whom payment is to be sent (must be the same as that in the Purchase/Award, or in a Proper Notice of Assignment) (VIII) Name, Title and Phone Number of Person to Notify in event of Defective Invoice (IX) Taxpayer Identification Number (TIN); (X) Electronic Funds Transfer (EFT) Banking Information, Including Routing Transit Number of the Financial Institution receiving payment and the number of the account into which funds are to be deposited; (XI) Name and Telephone Number of the FDA Contracting Officer Representative (COR) or Other Program Center/Office Point of Contact, as referenced on the Purchase Order; (XII) Any other information or documentation required by the purchase order/award. (XIII) Contractor is required to attach an invoice log addendum to each invoice which shall include, at a minimum, the following information for contract administration and reconciliation purposes: (a) List of all invoices submitted to date under the subject award, including the following: (1) Invoice number, amount, & date submitted (2) Corresponding payment amount & date received (b) Total amount of all payments received to date under the subject contract or order (c) And, for definitized contracts or orders only, total estimated amounts yet to be invoiced for the current, active period of performance QUESTIONS RELATING TO INVOICES SHALL BE DIRECTED TO MS. TRACI JONES or GAYLEN WILSON AT THE FDA PAYMENT OFFICE AT (870) 543-7446 OR nctrinvoices@fda.hhs.gov POINTS OF CONTACT: Yolanda Peer can be reached at Yolanda.peer@fda.hhs.gov or by phone (870) 543-7479 QUESTIONS CONCERNING TERMS OF THIS ORDER (Other than invoice-related) SHOULD BE DIRECTED TO: Yolanda Peer (870) 543-7479 The Contracting Officer is the only person with authority to act as agent of the Government under this contract. Only the Contracting Officer has authority to: (1) Direct or negotiate any changes in the statement of work; (2) Modify or extend the period of performance; (3) Change the delivery schedule (4) Authorize reimbursement to the Contractor any costs incurred during the performance of this contract; or (5) Otherwise change any terms and conditions of this contract. The Contract Officer for this order is: XXXXX, Contracting Officer 3900 NCTR Road HFT-320 Jefferson, AR 72079 Phone: (870) 543-XXXX Email: xxxxxx@fda.gov The COR is responsible for: (1) Monitoring the Contractor's technical progress, including the surveillance and assessment (2) of performance and recommending to the Contracting Officer changes in requirements; (2) Interpreting the statement of work and any other technical performance requirements; (3) Performing technical evaluation as required; (4) Performing technical inspections and acceptances required by this contract and; (5) Assisting in the resolution of technical problems encountered during performance. The COR for this order is: To be identified at time of award. FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (May 2014) (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) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). ____ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)). (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] ___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). ___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509). ___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009). X (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note). ___ (5) [Reserved] ___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). ___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) (31 U.S.C. 6101 note). ___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). ___ (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Public Law 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161). ___ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). ___ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a). ___ (13) [Reserved] X (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644). ___ (ii) Alternate I (Nov 2011). ___ (iii) Alternate II (Nov 2011). ___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). ___ (ii) Alternate I (Oct 1995) of 52.219-7. ___ (iii) Alternate II (Mar 2004) of 52.219-7. ___ (16) 52.219-8, Utilization of Small Business Concerns (May 2014) (15 U.S.C. 637(d)(2) and (3)). ___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jul 2013) (15 U.S.C. 637 (d)(4)). ___ (ii) Alternate I (Oct 2001) of 52.219-9. ___ (iii) Alternate II (Oct 2001) of 52.219-9. ___ (iv) Alternate III (July 2010) of 52.219-9. ___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)). ___ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). ___ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). ___ (21) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). ___ (ii) Alternate I (June 2003) of 52.219-23. ___ (22) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Jul 2013) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ___ (23) 52.219-26, Small Disadvantaged Business Participation Program-Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ___ (24) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f). X (25) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)). ___ (26) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)). ___ (27) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)). X (28) 52.222-3, Convict Labor (June 2003) (E.O. 11755). X (29) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126). X (30) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). X (31) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). X (32) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212). X (33) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). X (34) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212). ___ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). ___ (36) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) ___ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ___ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). ___ (39) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423). ___ (ii) Alternate I (Dec 2007) of 52.223-16. X (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011). ___ (41) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83). X (42) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43). ___ (ii) Alternate I (May 2014) of 52.225-3. ___ (iii) Alternate II (May 2014) of 52.225-3. X (iv) Alternate III (May 2014) of 52.225-3. ___ (43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). X (44) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). ___ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2303 Note). ___ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). ___ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ___ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)). ___ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). X (50) 52.232-33, Payment by Electronic Funds Transfer- System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (51) 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). ___ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). ___ (54) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). ___ (ii) Alternate I (Apr 2003) of 52.247-64. (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) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.). ___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). ___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67). ___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). X (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67). ___ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67). ___ (7) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). ___ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). ___ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)). (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 the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (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, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509). (ii) 52.219-8, Utilization of Small Business Concerns (May 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17. (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). (vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (viii) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67). (ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). ___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (x) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.) (xi) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67) (xii) 52.222-54, Employment Eligibility Verification (Aug 2013). (xiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xv) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (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) PROVISIONS The following solicitation provisions apply to this acquisition: Contract Type Commercial Item - Firm fixed price. Simplified procurement procedures will be utilized. An official authorized to bind the Offeror must sign the terms and conditions of the offer. Offerors that fail to furnish required representations and certifications, or reject the terms and conditions of the solicitation, may be excluded from consideration. 52.212-1 Instructions to Offerors-Commercial Items applies. (Apr 2014) The following FAR 52.212-1 addenda apply: Addendum Paragraph (c) Period for acceptance of offers: The offeror agrees to hold the prices firm until September 30, 2014 All maintenance pricing shall be inclusive of labor, travel, replacement parts, components, subassemblies, etc. Unless otherwise expressly notified by the Offeror, all quotes received in response to this solicitation shall be evaluated under the premise that the Offeror certifies that the combination of equipment maintenance/repair services its proposing to fulfill this requirement are exempt from the Service Contract Act per the conditions set forth in FAR 52.222-48 & FAR 22.1003-4(c). Based on this premise that the Offeror certifies that its proposed services are exempt under the terms and conditions of 52.222-48, FAR clause 52.222-51-Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements will be applicable to the resulting order. In the event that an Offeror determines its proposed services do not meet the exemption, they are to expressly notify the Contracting Officer in their quotation and the traditional Service Contract Act clauses 52.222-41, and 52.222-43 shall be included in the resulting order award as well as Wage Determination WD 05-2035 (Rev.-14) (June 25, 2013) http://www.wdol.gov/wdol/scafiles/std/05-2035.txt?v=14 The provision at FAR 52.212-2 Evaluation-Commercial Items applies. (Jan 1999) FAR 52.212-2 Evaluation - Commercial Items The Government will award an order to the lowest-price technically acceptable offeror whose offer conforming to the solicitation will be the most advantageous to the Government. In order for the quote to be determined technically acceptable, the vendor shall demonstrate that its proposed technical solution meets or exceeds the stated requirements. Price proposal must be detailed and represent the offeror's response to the schedule of items above. The Government is not responsible for locating or securing any information, which is not identified in the proposal, however the Government reserves the right to obtain information for use in the evaluation from any and all sources including sources outside of the Government. Offeror's shall include the firm's DUNS number with quote. 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). 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. 52.212-3 Offeror Representations and Certifications-Commercial Items (May 2014) An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via http://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (c) through (o) of this provision. The offer must reference solicitation FDA_14-223-SOL-1135326. Offers are due in person, by postal mail or email to the point of contact listed below on or before July 21, 2014 by 1:00 PM, (Central Standard Time) at the Food and Drug Administration, OO/OFBA/OAGS/DAP, Attn: Yolanda Peer, 3900 NCTR Road, HFT-320, Building 50 - Room 420, Jefferson, AR 72079-9502 or yolanda.peer@fda.hhs.gov. For information regarding this solicitation, please contact Yolanda Peer at yolanda.peer@fda.hhs.gov.
Web Link: FBO.gov Permalink
(https://www.fbo.gov/spg/HHS/FDA/DCASC/FDA_14-223-SOL-1135326/listing.html)
Place of Performance: Address: Food and Drug Administration, National Center for Toxicological Research, Office of Regulatory Affairs, 3900 NCTR, Jefferson, Arkansas, 72079, United States; Zip Code: 72079
Record: SN03422324-W 20140713/140712022219-9810c42dcdff5ec3228e2c54c83912af (fbodaily.com)
Source: FedBizOpps Link to This Notice
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