FBODaily.com | FedBizOpps: PRESOL | 66 | Digitally Automated Slide Imaging System

FBO DAILY - FEDBIZOPPS ISSUE OF AUGUST 02, 2014 FBO #4634
SOLICITATION NOTICE

66 -- Digitally Automated Slide Imaging System

Notice Date: 7/31/2014
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, 3900 NCTR Road, HFT-320, Bldg 50 | Rm 421, Jefferson, Arkansas, 72079, United States
ZIP Code: 72079
Solicitation Number: 1133768
Archive Date: 8/28/2014
Point of Contact: Crystal G. McCoskey, Phone: 8705437267
E-Mail Address: crystal.mccoskey@fda.hhs.gov
(crystal.mccoskey@fda.hhs.gov)
Small Business Set-Aside: N/A
Description: This is a combined synopsis/solicitation for commercial items prepared in accordance with the Federal Acquisition Regulation (FAR) format in Subpart 12.6, as supplemented with additional information included in this notice, in accordance with FAR PART 13.5. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. The government intends to issue a Purchase Order in accordance with FAR PART 13.106 for the requirement under Simplified Acquisition Procedures. The solicitation number is 1133768 and this solicitation is issued as a Request for Quote (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-76 effective July 25, 2014. The associated North American Industry Classification System (NAICS) Code is3 34516 ‐ Analytical Laboratory Instrument Manufacturing. FSC Code is 6640. Small Business Size Standard is 500 employees. Acquisition is unrestricted. Contract Type: Commercial Item-Firm Fixed Price. REQUIREMENTS: Statement of Need: The U.S. Food and Drug Administration (FDA), National Center for Toxicological Research (NCTR) has a requirement for one (1) digitally automated slide imaging system to include shipping, installation, set-up, testing, on-site operator training and up to four (4) 1- year option periods for post-warranty maintenance, for various live viewing and imaging of, but not limited to, larvae and embryos of Zebra fish, etc. at different depths of the field and positions for the purpose of evaluation and imaging in high magnification The lab requires visualization and evaluation of slides of fresh, fixed and processed tissue from a variety of experiments targeted towards understanding the cellular consequences, primarily in nervous tissue, of exposure to toxic substances and/or potential therapeutic agents in a variety of species and cell types. Currently, it takes several hours to capture the Bright-Field (BF) or fluorescent images in normal microscopes. This is due to the optics and area of field it captures. Researchers have to tile the images to have full view of a section of the brain. Moreover, normal fluorescent images can be quenched under Ultraviolet (UV) or other excitation filters if exposed for several hours. NCTR needs a whole slide scanner, be able to accomplish the following: (a) High resolution imaging at reasonably quick time (5-6 slides or 2 double-sided within 10 min). (b) Obtain high quality images at high speed so fluorescent signals are not lost. Specifications: The digitally automated slide imaging system shall be delivered with all necessary supplies, equipment, components, adapters, software, accessories, etc. required to seamlessly install, set-up, test and train; Contractor is responsible for a turnkey solution. The components and equipment shall be a newly manufactured, not be used, refurbished, or previously used for demonstration. The entire system shall be warranted for parts and labor for a minimum of one (1) year from date of acceptance. All standard information on the equipment, including but not limited to User Manuals, Operation and Maintenance (O&M) Manuals, Material and Safety Data Sheets (MSDS), troubleshooting guides and any other applicable documentation, shall be provided upon installation of the system. Technical Specifications: - The digitally automated slide imaging system shall scan both BF and fluorescent labeled slides. - The digitally automated slide imaging system shall be fast enough that fluorescent slides do not fade due to over exposure to UV or other excitation filters. - The digitally automated slide imaging system shall provide very high quality image at high resolution to view and analyze the images. - The digitally automated slide imaging system shall provide multichannel acquisition of images by single blended color image and individual fluorophore. - The digitally automated slide imaging system shall have a high-power light source. -The digitally automated slide imaging system shall have the ability to do fluorescents slide scanning and analysis. Installation, Set-Up, Testing and Training Requirements The Contractor shall provide all labor, travel, and tools to install the equipment at the address provided below, to include shipping. The contractor shall demonstrate upon installation that the item meets or exceeds all performance specifications. Upon acceptance of the system, the contractor shall provide on-site operator training/familiarization for at least four (4) attendees. Such familiarization shall include system operations, calibration, optimization, trouble-shooting and basic operational maintenance procedures. Post-Warranty Service Requirements: • Shall include at least one (1) planned, onsite preventative maintenance visit per contract year. • Shall include a minimum of unlimited technical support within 8 business hours of contact for assistance (e.g., telephone-based, email-based, website-based, etc.) and unlimited corrective/remedial maintenance visits within three (3) business days of call for service, Mondays - Fridays (excluding Federal Holidays) between the hours of 7:00 AM - 5:00 PM Central Standard Time (CST). • Shall include unlimited software and firmware updates. • 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 new OEM replacement parts, components, subassemblies, etc. • All maintenance pricing shall be inclusive of labor, travel, replacement parts, components, subassemblies, etc. 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. Delivery Address (FOB Destination) US Food and Drug Administration 3900 NCTR Road, Bldg 85 Jefferson, AR 72079 Installation, set-up, on-site training and post-warranty maintenance shall be conducted at: US Food and Drug Administration 3900 NCTR Road, Bldg 53D, Rm#213 Jefferson, AR 72079 Period of Performance Delivery, to include installation, set-up, testing and on-site training, required within 60 days of award with up to four (4) 1-year option periods for post-warranty maintenance. Schedule of Items: 0001 - Slide Imaging System - 1 each, in accordance with specifications above to include all components, shipping, installation, set-up, testing, and on-site operator training $____________ 0002 - Option Period 1, Post-Warranty Maintenance $____________ 0003 - Option Period 2, Post-Warranty Maintenance $____________ 0004 - Option Period 3, Post-Warranty Maintenanc $____________ 0005 - Option Period 4, Post-Warranty Maintenance $____________ Total $____________ FAR and HHSAR Clauses and Provisions incorporated by reference may be obtained at: http://www.acquisition.gov/far/ http://farsite.hill.af.mil/vfhhsara.htm The provision at FAR 52.212-1, Instructions to Offerors- Commercial Items, applies to this solicitation. Addenda to this provision are as follows: Offerors are afforded the opportunity to inspect the site for installation of the equipment prior to solicitation response date by contacting the Contract Specialist, Crystal G. McCoskey, crystal.mccoskey@fda.hhs.gov, phone: 870-543-7267 <img style="position: static !important; margin: 0px; width: 16px; bottom: 0px; display: inline; white-space: nowrap; float: none; height: 16px; vertical-align: middle; overflow: hidden; top: 0px; cursor: hand; right: 0px; left: 0px;" title="Call: 870-543-7267" src="data:image/png;base64,iVBORw0KGgoAAAANSUhEUgAAABAAAAAQCAYAAAAf8/9hAAAACXBIWXMAAA7EAAAOxAGVKw4bAAAAIGNIUk0AAHolAACAgwAA+f8AAIDpAAB1MAAA6mAAADqYAAAXb5JfxUYAAAKLSURBVHjadJPfS5NhFMe/21xvuhXRyJAZroiSrJnbRdT7vrAf5HBaK5RABmEEwQIvkpZ/QRcWXdSFw5soKaF0F7qZeLO13mGBDpQsf5CoxVKHOt0Pctp2uvEdrzG/V+c553w/54HnPDIiQiGpPMETABoB2AAYd9MRAMMAvGmX+RcAyAoBVJ7gZQDtABworH4AHWmX+bOMZdkjCoXiUzabvcAwzPSsob5p/VTNY9GcdpnxdmYZ9wJThSCtCr1e/4XjuNPd3d1KjUZzaGbI27ysqzGQoggAsLa1A7ehArrDxfDNr0oBlQB+wmKxbJFEL968SxoamsjkHaPU9l9piUo6A0RE1DG2QCWdASrpDAzJM5kMI8XecdjVxfEl+K9dxFgsgUvvR6HyBKHyBAEATyKLeGSsENuNcqk5kUjEGm7fzcYqr0ClVODl99+YXEvl6+c1amjVe+ahiGGYaUEQKnmeh91uL43rqheixjpdmzCL11er0PcjhrTLvMfUJsyKYUSeyWQ6enp6tgCgrKxsfbP8bB8AdE1G89cOReMAgOv+Cag8QXRNRkXAsDwcDr+am5tLCYKA3t7eo2dG+1vVK/MfpRPtA+MIReMYaKj+/xm9MiICx3EmpVL5wefzFavValis1u1vvHMkdfykCQC0kSGUTo+Ajmnx1dSC7IGD+UUCEYGIwLKsyWazrSeTSSIiMpnNf7Ttz5+ec96fr7/VnE0mk+QfHMzV3WjcKH/4rEr05QGFIA6HY4llWRLPRER+v3/HYrFMFQSIkNra2tVQKJSlfcSyLO0LECFWq3XF6XRGA4HAptTsdrsXeZ6fEHtl+31nAOA4rkUulz/I5XL63dQGgHEAN8Ph8AYA/BsAt4ube4GblQIAAAAASUVORK5CYII=" alt="" />, to schedule an appointment no later than 11 August 2014, 9:00 AM CST. Failure to inspect the installation location will not relieve the successful Offeror from fully meeting the requirements of the resulting contract at the price offered. Proposal Submission Instructions 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 proposal all descriptive material necessary for the government to unequivocally determine the equipment offered meets the technical requirements and offers the best solution for the application. Proposals shall include technical specifications, descriptive material, literature, brochures and any other information corresponding to each minimum requirement, which demonstrates the capabilities of the equipment to successfully perform in similar applications as the intended purpose/use stated above. Additionally, the Offeror shall include any recent and relevant past performance information with their quote. The past performance information shall have been conducted in the past three (3) years for equipment performance/service of the same or substantially similar items, to include date of contract/installation, description (shall also include technical literature and specifications), application of the equipment, any issues with the contract (to include problem resolution facts, reasons for contract any extensions, etc.), OEM, dollar value, client name, client address, client point of contact name, client point of contact phone number, client point of contact email address. All proprietary information shall be clearly marked. Prices provided shall be valid through September 30, 2014. Award subject to availability of funds. Price quotes shall be F.O.B. destination inclusive of shipping and handling expenses. Offeror shall include a price breakout for all components within Item No. 0001's extended total, to include detailed description, catalog/part number, quantity, and unit price of each accessory or ancillary item to the system (preferably in an editable electronic format for easy copy/paste into Item No. 0001 within any resultant order). Any items offered on GSA Contract shall be indicated on offer as such. The post-warranty maintenance periods will not be funded at point of equipment purchase. 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 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 No. 0001, and warranty period. If/when Option Period 1 is exercised, the periods of performance for all options will be firmed via order modification. This solicitation is being issued under the premise that the Contractor will certify that the post-warranty maintenance services are exempt from the Service Contract Act per the conditions set forth in FAR 52.222-48 & FAR 22.1003-4(c). If this is the case and the Contractor certifies that is exempt under the terms and conditions of 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 52.222-41, and 52.222-43 shall be included in the resulting order award as well as Wage Determination WD 2035 (Rev.14): http://www.wdol.gov/wdol/scafiles/std/05-2035.txt?v=14 FAR 52.222-48 - Exemption From Application Of The Service Contract to Contracts For Maintenance, Calibration, Or Repair Of Certain Equipment Certification (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. (End of provision) The following provisions are incorporated by reference: • FAR 52.233-2, Service of Protest (a)"...Jerry Martin, 3900 NCTR Rd, HFT-320, Bldg. 50, Room 434, Jefferson, AR 72079." The provision at FAR 52.212-2 Evaluation-Commercial Items, is applicable to this solicitation. The specific evaluation criteria to be included in paragraph (a) of that provision are as follows: (i) Technical capability (ii) Past Performance (iii) Price (inclusive of extended total price for Item No. 0001, any offered discounts and options) Technical capability and past performance, which are of equal importance, when combined, are more important, when compared to price. Technical capability will be determined by review of information submitted by the Offeror to unequivocally displays the items/services proposed meet the Government's requirement, presents an optimal turnkey solution, presents the highest resolution (quality image) as quick as possible to avoid the loss of fluorescent signals, and demonstrates successful performance of the items/service used in similar applications as the intended purpose/use as stated herein. Offeror's past performance will be evaluated based on the recency (within the last 3 years) and relevancy (brand, type, model of equipment, application of equipment) for same or near-same solutions and will address, at a minimum, effectiveness to perform the intended purpose, timeliness and quality of delivery and support (i.e., installation, training, warranty, and maintenance services). Overall the technical capability and past performance will be used to determine the likelihood of success in achieving the solicitation's requirements. The Government reserves the right to consider past performance information from any other source (e.g. Past Performance Information Retrieval System) when evaluating past performance. The provision at FAR 52.212-3, Offeror's Representations and Certifications-Commercial Items, applies to this acquisition. The clause at 52.212-4, Contract Terms and Conditions - Commercial Items, applies to this acquisition. Addenda to this clause are as follows: Other Terms and Conditions Inspection and Acceptance 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. Contractor Performance Assessment Rating System (CPARS): (a) Pursuant to FAR 42.1502, this contract is subject to Contractor Performance Assessment System (CPARS). CPARS is an automated centralized information system accessible via the Internet that maintains reports of contractor performance for each contract. CPARS is located at https://www.cpars.gov/. (b) Under CPARS, the Government will conduct annual evaluations of the contractor's performance. The contractor has thirty (30) days after the Government's evaluation is completed to comment on the evaluation. The contractor may request a meeting to discuss the CPAR at any time during the reporting period. (d) The CPARS system requires the Government to assign the contractor a UserID and password in order to view and comment on the evaluation. Provide the name of one individual who will be assigned as your Contractor Representative for CPARS below: Name: Phone: E-mail Address: Invoice Submission The Contractor shall submit an invoice once the equipment is inspected and accepted and in quarterly arrears during the option periods for maintenance in accordance with the following instructions: A. An original and two (2) copies shall be submitted to the attention of the designated Contract Specialist at the following address: Department of Health and Human Services Food and Drug Administration National Center for Toxicological Research Attention: Crystal G. McCoskey, Contract Specialist Office of Acquisitions & Grants Services, HFT-320 3900 NCTR Road, Bldg 50, Rm 426 Jefferson, AR 72079-9502 B. One copy to the COR clearly marked "courtesy copy only". C. Invoices submitted under this contract must comply with the requirements set forth in FAR clauses 52.212-4 (i)(2)(Prompt Payment), FAR 52.232-33 (Payment by Electronic Funds Transfer -System for Award Management), 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) Contract number; (iv) Description, quantity, unit of measure, unit price and extended price supplies delivered or services performed; (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 Contract 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. (xi) Name and telephone number of the FDA COR referenced on the contract; (xii) An itemization of the amounts requested, related to the various elements of work required by the contract covered by the payment requested. (xiii) A listing of the amount included for work performed by each subcontractor under the contract. (xiv) A listing of the total amount of each subcontract under the contract. (xv) A listing of the amounts previously paid to each such subcontractor under the contract. (xvi) Additional supporting data in a form and detail required by the CO; and (xvii) Any other information or documentation required by the Contract. D. Questions regarding invoice payments should be directed to the FDA payment office at: Food and Drug Administration Attn: Division of Payment Services 3900 NCTR Road, HFT-324 Building 50, 6th floor suite 616 Jefferson, AR 72079 Fax 870-543-7224 <img style="position: static !important; margin: 0px; width: 16px; bottom: 0px; display: inline; white-space: nowrap; float: none; height: 16px; vertical-align: middle; overflow: hidden; top: 0px; cursor: hand; right: 0px; left: 0px;" title="Call: 870-543-7224" src="data:image/png;base64,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" alt="" /> nctrinvoices@fda.hhs.gov E. An electronic invoice is acceptable if submitted in adobe acrobat (PDF) format. All items listed in C. (i) through (xvii) of this clause must be included in the electronic invoice. The following clauses are incorporated by reference: • FAR 52.217-9, Option to Extend the Term of the Contract, (a) "...by written notice to the Contractor within one (1) day of contract expiration;...preliminary written notice of its intent to extend at least 30 days before the contract expires." (b) "...shall not exceed four (4) years beyond the warranty expiration." • FAR 52.203-3, Gratuities; FAR 52.203-12, Limitations on Payments to Influence Certain Federal Transactions; FAR 52.203-17, Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights; FAR 52.204-4, Printed or Copied Double-Sided on Postconsumer Fiber Content Paper; FAR 52.223-6, Drug-Free Workplace; FAR 52.225-8, Duty-Free Entry; FAR 52.232-39, Unenforceability of Unauthorized Obligations; FAR 52.232-40, Providing Accelerated Payment to Small Business Subcontractors; FAR 52.242-13, Bankruptcy • HHSAR Clauses: 352.202-1, 352.203-70, 352.222-70, 352.231-71, 352.242-71 FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Jun 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: ___ (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). _x__ (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 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. _x__ (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 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). _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). _x__ (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) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) + (E.O.s 13423 and 13514 ___ (ii) Alternate I (Jun 2014) of 52.223-13. ___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514). ___ (ii) Alternate I (Jun 2014) of 52.223-14. ___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). ___ (41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Jun 2014) (E.O.s 13423 and 13514). ___ (ii) Alternate I (Jun 2014) of 52.223-16. _x__ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011). ___ (43) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83). _x__ (44) (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. ___ (iv) Alternate III (May 2014) of 52.225-3. ___ (45) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _x__ (46) 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). ___ (47) 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). ___ (48) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). ___ (49) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ___ (50) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)). ___ (51) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). _x__ (52) 52.232-33, Payment by Electronic Funds Transfer- System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (53) 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (54) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). ___ (55) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). ___ (56) (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: ___ (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) Additional Information It is the offeror's responsibility to monitor the internet site for the release of any information related to this combined synopsis/solicitation. Offerors are responsible for delivery in person, by e-mail, fax, mail or other delivery method their complete proposal and any additional documents before 2:00 pm (Central Standard Time - Local Prevailing Time in Jefferson, Arkansas) on August 13, 2014 to crystal.mccoskey@fda.hhs.gov, Fax (870) 543-7990 <img style="position: static !important; margin: 0px; width: 16px; bottom: 0px; display: inline; white-space: nowrap; float: none; height: 16px; vertical-align: middle; overflow: hidden; top: 0px; cursor: hand; right: 0px; left: 0px;" title="Call: (870) 543-7990" src="data:image/png;base64,iVBORw0KGgoAAAANSUhEUgAAABAAAAAQCAYAAAAf8/9hAAAACXBIWXMAAA7EAAAOxAGVKw4bAAAAIGNIUk0AAHolAACAgwAA+f8AAIDpAAB1MAAA6mAAADqYAAAXb5JfxUYAAAKLSURBVHjadJPfS5NhFMe/21xvuhXRyJAZroiSrJnbRdT7vrAf5HBaK5RABmEEwQIvkpZ/QRcWXdSFw5soKaF0F7qZeLO13mGBDpQsf5CoxVKHOt0Pctp2uvEdrzG/V+c553w/54HnPDIiQiGpPMETABoB2AAYd9MRAMMAvGmX+RcAyAoBVJ7gZQDtABworH4AHWmX+bOMZdkjCoXiUzabvcAwzPSsob5p/VTNY9GcdpnxdmYZ9wJThSCtCr1e/4XjuNPd3d1KjUZzaGbI27ysqzGQoggAsLa1A7ehArrDxfDNr0oBlQB+wmKxbJFEL968SxoamsjkHaPU9l9piUo6A0RE1DG2QCWdASrpDAzJM5kMI8XecdjVxfEl+K9dxFgsgUvvR6HyBKHyBAEATyKLeGSsENuNcqk5kUjEGm7fzcYqr0ClVODl99+YXEvl6+c1amjVe+ahiGGYaUEQKnmeh91uL43rqheixjpdmzCL11er0PcjhrTLvMfUJsyKYUSeyWQ6enp6tgCgrKxsfbP8bB8AdE1G89cOReMAgOv+Cag8QXRNRkXAsDwcDr+am5tLCYKA3t7eo2dG+1vVK/MfpRPtA+MIReMYaKj+/xm9MiICx3EmpVL5wefzFavValis1u1vvHMkdfykCQC0kSGUTo+Ajmnx1dSC7IGD+UUCEYGIwLKsyWazrSeTSSIiMpnNf7Ttz5+ec96fr7/VnE0mk+QfHMzV3WjcKH/4rEr05QGFIA6HY4llWRLPRER+v3/HYrFMFQSIkNra2tVQKJSlfcSyLO0LECFWq3XF6XRGA4HAptTsdrsXeZ6fEHtl+31nAOA4rkUulz/I5XL63dQGgHEAN8Ph8AYA/BsAt4ube4GblQIAAAAASUVORK5CYII=" alt="" />, or mail to the U. S. Food and Drug Administration, FDA/OO/OFBA/OAGS/DAP, Attention of Crystal G. McCoskey, 3900 NCTR Road, Building 50, Room 426 Jefferson, AR 72079-9502. When appropriate, offerors should consult with delivery providers to determine whether their documents will be delivered prior to the scheduled time. For information regarding this solicitation and to schedule a site visit, please contact Crystal G. McCoskey by e-mail at crystal.mccoskey@fda.hhs.gov. Questions and site visits requests regarding this solicitation will be accepted only via email and shall be submitted no later than 09:00 AM CST on August 11, 2014. Please reference solicitation number 1133768 in subject line of all correspondence. PLEASE NOTE - The above contact information is for the Contracting Office and not necessarily the delivery address. The delivery address is indicated in the Place of Performance section above.
Web Link: FBO.gov Permalink
(https://www.fbo.gov/spg/HHS/FDA/NCTR/1133768/listing.html)
Place of Performance: Address: 3900 NCTR Road, Bldg 53D, Rm#213, jefferson, Arkansas, 72079, United States; Zip Code: 72079
Record: SN03446017-W 20140802/140801000517-03ba8fce69dcb5627a2bdd23cb6091ac (fbodaily.com)
Source: FedBizOpps Link to This Notice
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66 -- Digitally Automated Slide Imaging System