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FBO DAILY - FEDBIZOPPS ISSUE OF JULY 24, 2014 FBO #4625
SOLICITATION NOTICE

66 -- Whole Genome Sequencing System

Notice Date

7/22/2014
 

Notice Type

Combined Synopsis/Solicitation
 

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

FDASOL7222014
 

Archive Date

8/14/2014
 

Point of Contact

Howard S. Yablon, Phone: 240-402-7630
 

E-Mail Address

howard.yablon@fda.hhs.gov
(howard.yablon@fda.hhs.gov)
 

Small Business Set-Aside

N/A
 

Description

PART 1 - Intro The Food and Drug Administration (FDA) has a requirement to purchase one (1) NextSeq 500 whole genome sequencing system with options to purchase post warranty service/maintenance options. The equipment will be purchased on a BRAND NAME OR EQUAL BASIS. This system will provide the ability to rapidly sequence 1000's of microbial genomes in a relatively short period of time. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, (STREAMLINED PROCEDURES FOR EVALUATION AND SOLICITATION FOR COMMERCIAL ITEMS) as supplemented with additional information included in this notice. This announcement constitutes the only solicitation. This solicitation is issued as a Request for Quote (RFQ), using the Simplified Acquisitions Procedures of FAR 13 and FAR 13.5 Test Program for Certain Commercial Items. The solicitations document/incorporated provisions and clauses are those in effect through the current Federal Acquisition Circular: FAC 2005-74. The associated North American Industry Classification System (NAICS) Code is 33416: Analytical Laboratory Instrument Manufacturing. Small Business Size Standard is 500 employees. This acquisition is full and open. Contract Type: Commercial Item: Firm Fixed Price PART 2 - PRICES/COST CLIN Description Unit Price Qty Unit of Issue Price 0001 Whole Genome Sequencing System, including delivery, installation, training (3 days) and 1 year warranty $ 1 EA $ 0002 Option Year 1- Maintenance Agreement $ 1 EA $ 0003 Option Year 2- Maintenance Agreement $ 1 EA $ 0004 Option Year 3- Maintenance Agreement $ 1 EA $ 0005 Option Year 4- Maintenance Agreement $ 1 EA $ Total Value $ PART 3 -STATEMENT OF WORK (SOW) SYSTEM REQUIREMENTS: NEXTSEQ 500 WHOLE GENOME SEQUENCING SYSTEM BRAND NAME OR EQUAL • Bench top instrument with maximum dimensions 23"W x 21"D x 25"H • Weight of the instrument should be no greater than 185 lbs. • The ability to sequence 300 microbial genomes at 30x coverage (roughly 150 megabases of DNA sequence read from each of 300 samples) in 48 hours (300 whole genome sequences can be obtained during this time period by multiplexing using DNA "barcodes"). • Must be able to perform bridge amplification for cluster generation of whole genome sequences • Online Manual • Instrument control computer is intergrated with system with Dual intel Xenon ES-2228L, brand name or equal, 1.8GHz CPU and 96GB RAM with a hard drive space of 750GB, with window 7 embedded • Reagents Output Kit  Four (4), High Output Kit (300 Cycles), Maximum Samples Per Run: 96  Four (4), High Output Kit (150 cycles), Maximum Samples Per Run: 96  Seven (7), Mid Output Kit (300 Cycles), Maximum Samples Per Run: 96 • INSTALLATION: The contractor shall provide inside delivery, installation, setup, and optimization of the system to meet laboratory needs. The contractor shall demonstrate upon system installation that all performance specifications have been met. To document that the instrument has been correctly installed, the contractor shall present a "certificate of installation to the FDA. Warranty period will commence after the installation of the system is accepted by the Program. • TRAINING: The Contractor shall provide on-site training to 3 laboratory personnel immediately after the system has been delivered, installed and accepted by the Program.  The purpose of the training is to familiarize staff with the proper use of the system including:  system operations (including software)  calibration  optimization  basic and routine preventative maintenance procedures  cleaning requirements  any safety and related safeguards as appropriate;  information on what users should do if a unit or the system is not functioning properly,  any other topics deemed necessary to familiar FDA employees with the system.  This training should last 24 hours.  Contractor shall provide all training materials (web based or written form) 1 week before the scheduled installation date. • Warranty and Maintenance/Support Agreement: 1. Warranty: Vendor shall provide customer support including:  24 hour unlimited phone and email support  Trouble shooting for issues that arise during normal operation conditions  On-site visits from a field engineer within 3-5 days of when the original call was placed if the issue cannot be solved remotely  Vendor will be responsible for parts, travel, and labor for these site visits  All components of the system shall be covered by a minimum one year warranty, with full replacement of any/all components that fail or malfunction within that timeline  Updates to the instrument and/or software to the system will be installed by the contractor at no cost to the Government. 2. Maintenance/Support Agreement: FDA requires an option year maintenance agreement to cover the following (Line Items 0002 through 0005):  24 hour unlimited phone and email support  Trouble shooting capabilities based on complete knowledge of the entire system, immediate access to certified replacement parts, and immediate access to improvements and new procedures provided by the original equipment manufacturer  On-site visits from a field engineer within 3-5 days of when the original call was placed if the issue cannot be solved remotely  Unlimited corrective maintenance, service and repairs shall include all labor, travel and parts  At least one (1) preventative maintenance visit (which shall include a calibration ) or more as suggested by the manufacturer  All maintenance and repair work activities (including warranty work) shall be accomplished with reliable formally trained and certified technicians/engineers following Original Equipment Manufacturer (OEM) specifications, manuals, and service bulletins, using OEM replacement parts, components, subassemblies, etc.  System software and firmware updates required for reliability, installed by the contractor at no cost to the Government  Service Records and Reports: The Contractor shall commensurate with the completion of each service call (inclusive of warranty service work) 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 affect the repair or otherwise perform the service, the names (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. PART 4 - INSPECTION AND ACCEPTANCE The Contracting Officer's Representative (COR) will perform inspection and acceptance of the system, training, and repair services to be provided. 4.1. For the purpose of this PART, (COR - to be determined upon contract award) is the authorized representative of the Contracting Officer. 4.2. Inspection and acceptance will be performed at the location identified in 5.2. Acceptance is communicated in writing unless otherwise indicated in writing by the Contracting Officer or COR within 30 days of receipt. 4.3. This contract incorporates the following clause, 52.246-2 Inspection of Supplies-Fixed Price (Aug 1996) by reference, with the same force and effect as if it was given in full text. Upon request, the Contracting Officer will make its full text available. PART 5 - PLACE OF PERFORMANCE 5.1. DELIVERIES Satisfactory performance of this contract shall be deemed to occur upon delivery and installation of the systems described in PART 3 of this solicitation and upon acceptance by the COR, of the services and reports required at the dates specified within PART 3 of this request for proposal. • Period of Performance: August 7, 2014 to September 30, 2015 (See Section 8 for Government Holidays) • Delivery Hours: Monday-Friday, 9:00 AM -5:00 PM Eastern Time 5.2. PERFORMANCE LOCATION: The system shall be installed and serviced at the following FDA location: Food and Drug Administration CFSAN 8301 MUIRKIRK ROAD RM 3321 LAUREL, MD 20708 The Contractor shall provide the FDA with a minimum of one (1) week's scheduling notice prior to the setup of the laboratory instrument and component parts.. PART 6 - CONTRACT ADMINISTRATION DATA 6.1 CONTRACTING OFFICERS REPRESENTATIVE (COR) The following COR will represent the Government for the purpose of this contract: (To Be Determined Upon Contract Award) 6.1.1 The COR is responsible for: (1) monitoring the Contractor's technical progress, including the surveillance and assessment of performance and recommending to the Contracting Officer changes in requirements; (2) interpreting the Statement of Work and any other technical performance requirements; (3) performing technical 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. 6.1.2 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 RFQ; (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. 6.1.3 The contact information for the Contracting Officer: Gina Jackson Gina.Jackson@fda.hhs.gov Tel: 240-402-7590 6.1.4 The contact information for the Contracting Specialist is: Howard S. Yablon 5630 Fishers Lane Rockville, MD 20857 Howard.Yablon@fda.hhs.gov Tel: (240)-402-7630 6.2 INVOICE SUBMISSION FDA Invoice Requirements: 2-Way match : FDA TWO-WAY-MATCHING INVOICE CLAUSE A. The contractor shall submit all invoices to all addressees in the manner specified below: (I) One original and one copy to the approving official: U.S. FOOD AND DRUG ADMINISTRATION OFFICE OF ACQUISITIONS AND GRANTS SERVICES ATTN: Howard S. Yablon, Contract Specialist 5630 FISHERS LANE ROOM 2139, HFA-500 ROCKVILLE, MARYLAND 20857 E-mail: HOWARD.YABLON@FDA.HHS.GOV *** ACCEPTABLE METHODS OF DELIVERY INCLUDE: MAIL, HAND DELIVERY, AND E-MAIL (II) One copy to the contracting officer representative (COR) or other program center/office designee, clearly marked "courtesy copy only": U.S. FOOD AND DRUG ADMINISTRATION CFSAN ATTN: Kristen McCutchan MOD1 RM3613 HFS-025 8301 Muirkirk Road Laurel, MD 20708 E-mail: Kristen.mccutchan@fda.hhs.gov *** Acceptable methods of delivery include: mail, hand delivery, or e-mail B. 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 order/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 technical 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 C. An electronic invoice is acceptable if submitted in adobe acrobat (PDF) format. All items listed in (i) through (xii) of this clause must be included in the electronic invoice. Electronic invoices must be on company letterhead and must contain no ink changes and be legible for printing. [amend/delete, as necessary] D. Questions regarding invoice payments should be directed to the FDA Payment Office at: Food and Drug Administration/ Office of Financial Services, 10903 New Hampshire Ave WO32 - Second Floor, MAIL HUB 2145 Silver Spring, MD 20993-0002 Attn: Vendor Payments Phone 301-827-ERIC (3742) FDAVENDORPAYMENTSTEAM@FDA.GOV PART 7- HHSAR AND FAR CLAUSES 7.1 HHSAR CLAUSES INCORPORATED BY REFERENCE This contract incorporates one or more clauses by reference, noted in Title 48, Federal Acquisition Regulations System, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at: http://farsite.hill.af.mil/VFHHSARA.HTM. HHSAR Clause Description Date 352.202-1 Definitions (Jan 2006) 352.203-70 Anti-lobbying (Jan 2006) 352.215-70 Late proposals and revisions (Jan 2006) 352.223-70 Safety and health (Jan 2006) 352.224-70 Privacy Act (Jan 2006) 352.228-7 Insurance--Liability to third persons (Dec 1991) 352.233-71 Litigation and claims (Jan 2006) 352.242-73 Withholding of contract payments (Jan 2006) 352.242-71 Tobacco-free Facilities (Jan 2006) 352.242-74 Final decisions on audit findings (Apr 1984) 352.270-1 Accessibility of meetings, conferences, (Jan 2001) and seminars to persons with disabilities 7.2 FAR Clauses 52.252-2 Clauses Incorporated by Reference (Feb 1998) This contract incorporates one of more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at http://www.arnet.gov FAR Clause Description Date 52.212-1 Instructions To Offerors - Commercial items (April 2014) 52.212-2 Evaluation -- Commercial Items (Jan 1999) 52.212-4 Contract Terms and Conditions - Commercial Items (May 2014) FAR CLAUSES BY FULL TEXT 52.211-6 Brand Name or Equal (Aug 1999) If an item in this solicitation is identified as "brand name or equal," the purchase description reflects the characteristics and level of quality that will satisfy the Government's needs. The salient physical, functional, or performance characteristics that "equal" products must meet are specified in the solicitation. (b) To be considered for award, offers of "equal" products, including "equal" products of the brand name manufacturer, must- (1) Meet the salient physical, functional, or performance characteristic specified in this solicitation; (2) Clearly identify the item by- (i) Brand name, if any; and (ii) Make or model number; (3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and (4) Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications. (c) The Contracting Officer will evaluate "equal" products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer. (d) Unless the offeror clearly indicates in its offer that the product being offered is an "equal" product, the offeror shall provide the brand name product referenced in the solicit 52.217-5 Evaluation of Options (July 1990) Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s). 52.217-8 Option to Extend Services (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice anytime prior to contract expiration. 52.217-9 Option to Extend the term of the Contract (Mar 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice anytime prior to contract expiration. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years. 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JUNE 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) (Pub. L. 108-77, 108-78). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). __ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). __ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 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) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (Jul 2010) (Pub. L. 111-5). __ (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). __ (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 Pub. L. 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] __ (14)(i) 52.219-6, Notice of Total Small Business Set-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 (Jul 2013) (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 (Jul 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-Subcon-tracting 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. 657 f). _x_ (25) 52.219-28, Post Award Small Business Program Representation (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). __ (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). __ (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) (E.O. 13513). __ (41) 52.225-1, Buy American Act-Supplies (Feb 2009) (41 U.S.C. 10a-10d). __ (42)(i) 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act (Nov 2012) (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 (Mar 2012) of 52.225-3. __ (iii) Alternate II (Mar 2012) of 52.225-3. __ (iv) Alternate III (Nov 2012) 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 (June 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. 2302 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. 255(f), 10 U.S.C. 2307(f)). __ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 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 (Jul 2013) (31 U.S.C. 3332). _x_ (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 Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). __ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). _x_ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 351, et seq.). __ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.). __ (7) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O.13495). __ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). __ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 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) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (ii) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (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 (Jan 2013) (E.O. 13495). Flow down required in accordance with paragraph (l) 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 Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). (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 Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.). (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.). (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 (Mar 2009) (Pub. L. 110-247). 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) PART 8 - SPECIAL CONTRACT REQUIREMENTS Government Holidays Workplace is not available on the Government Holidays stated below, or as prescribed by an Executive Order (EO) or OPM.gov due to inclement weather. January (New Year's Day) January (Martin Luther King Day) February (President's Day) May (Memorial Day) July (Independence Day) September (Labor Day) October (Columbus Day) November (Veterans Day) November (Thanksgiving) December (Christmas Day) PART 9- INSTRUCTIONS TO THE OFFERORS 9.1: CONTRACT TYPE: COMMERCIAL ITEM-FIRM FIXED PRICE 9.2: EVALUATION AWARD CRITERIA: THE GOVERNMENT WILL AWARD THIS CONTRACT TO THE LOWEST PRICED TECHNICALLY ACCEPTABLE QUOTE.  PRICE QUOTES SHALL BE FOB DESTINATION (INSIDE DELIVERY, INSTALLATION AND TRAINING) INCLUSIVE OF SHIPPING AND HANDLING EXPENSE  OFFEROR SHALL INCLUDE A PRICE BREAKOUT FOR ALL COMPONENTS FOR ITEM 0001 THROUGH ITEM 0005 EXTENDED TOTAL, TO INCLUDE DETAILED DESCRIPTION, CATALOG PART/NUMBER, QUANTITY, AND UNIT PRICE OF EACH ITEM  THE POST-WARRANTY MAINTENANCE PERIOD PERIODS WILL NOT BE FUNDED AT TIME OF AWARD. IF EXERCISED, FUNDING WILL BE OBLIGATED INDIVIDUALLY EACH YEAR FOR THE OPTION PERIOD EXERCISED VIA CONTRACT MODIFICATION; THE OPTION PERIODS SHALL BE PRICED ACCORDINGLY  THE GOVERNMENT IS NOT RESPONSIBLE FOR LOCATING OR SECURING ANY INFORMATION WHICH IS NOT IDENTIFIED IN THE PROPOSAL. TO ENSURE INFORMATION IS AVAILABLE, OFFERORS SHALL FURNISH AS PART OF THEIR QUOTE, ALL DESCRIPTIVE MATERIAL NECESSARY FOR THE GOVERNMENT TO UNEQUIVOCALLY DETERMINED THE EQUIPMENT OFFERED MEETS THE TECHNICAL REQUIREMENTS  THE GOVERNMENT RESERVES THE RIGHT TO OBTAIN INFORMATION FOR USE IN THE EVALUATION FROM ANY AND ALL SOURCES INCLUDING OUTSIDE OF THE GOVERNMENT 9.3: PERIOD OF ACCEPTANCE OF OFFERS: THE OFFEROR AGREES TO HOLD THE PRICES IN ITS OFFER FIRM UNTIL SEPTEMBER 30, 2014. 9.4: THE PERIOD OF PERFORMANCE FOR THE OPTION PERIODS IN ANY RESULTANT AWARD WILL BE ESTIMATED BASED ON THE DATE OF AWARD, ESTIMATED ULTIMATE DELIVERY OF ITEM 0001 AND WARRANTY PERIOD. IF/WHEN OPTIONS PERIOD IS EXERCISED, THE PERIOD OF PERFORMANCE FOR ALL OPTIONS WITH BE FIRMED VIA UNILATERAL MODIFICATION IS BEING ISSUED UNDER THE PREMISE THAT THE CONTACTOR WILL CERTIFY THAT THE POST-WARRANTY MAINTENANCE SERVICE AGREEMENTS ARE EXEMPT FROM THE SERVICE CONTRACT ACT PER THE CONDITIONS OF FAR 52.222.48, THEN CLAUSE 52.222-51 WILL FLOW PER USUAL FROM THIS SOLICITATION TO THE RESULTING ORDER. IN THE EVENT THAT A CONTRACTOR DOES NOT MAKE THIS CERTIFICATION, TRADITIONAL SERVICE CONTRACT ACT CLAUSES FAR 52.222-41 AND FAR 52.222-43 SHALL BE INCLUDED IN THE RESULTING ORDER AWARD AS WELL AS WAGE DETERMINATION WDF 05-2103)REV-13): HTTP://WWW.WDOL/SCAFILES/STD/05-2103TXT?V=13 52.222-48 Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Certification (FEB 2009) (a) The offeror shall check the following certification: CERTIFICATION The offeror ( ) does ( ) does not certify that- (1) The items of equipment to be serviced under this contract are used regularly for other than Government purposes, and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontractor) in substantial quantities to the general public in the course of normal business operations; (2) The services will be furnished at prices which are, or are based on, established catalog or market prices for the maintenance, calibration, or repair of equipment. (i) An "established catalog price" is a price included in a catalog, price list, schedule, or other form that is regularly maintained by the manufacturer or the offeror, is either published or otherwise available for inspection by customers, and states prices at which sales currently, or were last, made to a significant number of buyers constituting the general public. (ii) An "established market price" is a current price, established in the usual course of trade between buyers and sellers free to bargain, which can be substantiated from sources independent of the manufacturer or offeror; and (3) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract are the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. (b) Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services. If the offeror certifies to the conditions in paragraph (a) of this provision, and the Contracting Officer determines in accordance with FAR 22.1003-4(c)(3) that the Service Contract Act- (1) Will not apply to this offeror, then the Service Contract Act of 1965 clause in this solicitation will not be included in any resultant contract to this offeror; or (2) Will apply to this offeror, then the clause at 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements, in this solicitation will not be included in any resultant contract awarded to this offeror, and the offeror may be provided an opportunity to submit a new offer on that basis. (c) If the offeror does not certify to the conditions in paragraph (a) of this provision- (1) The clause in this solicitation at 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements, will not be included in any resultant contract awarded to this offeror; and (2) The offeror shall notify the Contracting Officer as soon as possible, if the Contracting Officer did not attach a Service Contract Act wage determination to the solicitation. (d) The Contracting Officer may not make an award to the offeror, if the offeror fails to execute the certification in paragraph (a) of this provision or to contact the Contracting Officer as required in paragraph (c) of this provision. RESPONSE DATES: Quotes Due Date: All quotes shall be submitted via email Howard.Yablon@fda.hhs.gov by 5:00 PM EASTERN TIME on Wednesday, July 30, 2014..
 

Web Link

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Place of Performance

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Zip Code: 20708
 

Record

SN03433695-W 20140724/140722235442-7352a35626298d3f2a7be5f908b0bb0d (fbodaily.com)
 

Source

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