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FBO DAILY - FEDBIZOPPS ISSUE OF AUGUST 22, 2014 FBO #4654
SOLICITATION NOTICE

66 -- 8-Channel fiber optic dissolution system

Notice Date

8/20/2014
 

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

FDA-SOL-1135236
 

Archive Date

9/11/2014
 

Point of Contact

Howard S. Yablon, Phone: 2404027630
 

E-Mail Address

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

Small Business Set-Aside

Total Small Business
 

Description

Part 1 - Intro The Food and Drug Administration (FDA)/ Center for Drug Evaluation and Research (CDER) has a requirement (BRAND NAME OR EQUAL) to purchase one (1) PION Product Code 110402, 8-channel fiber optic dissolution system to be used at the White Oak Campus, located in Silver Spring, Maryland. 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. The solicitation document/incorporated provision and clauses are those in effect through the current Federal Acquisition Circular: FAC 2005-76. The associated North American Industry Classification System (NAICS) Code is 334516, Analytical Laboratory Instrument Manufacturing with a Small Business Size Standard is 500 employees. This acquisition is set aside 100% for small business concerns. Part 2 - Supplies Or Services and Prices/Costs The FDA/CDER has a requirement for one (1) Brand Name or Equal Pion Product Code 110402, 8-channel fiber optic dissolution system CLIN Description Unit Price Qty Unit of Issue Price 1 Pion Product Code 110402, 8-channel fiber optic dissolution system 1 EA $ 2 Option Year 1, Service Maintenance Agreement 1 EA $ 3 Option Year 2, Service Maintenance Agreement 1 EA $ 4 Option Year 3, Service Maintenance Agreement 1 EA $ 5 Option Year 4, Service Maintenance Agreement 1 EA $ Total Value $ Part 3 - Description A) SPECIFIC /SALIENT CHARACTERISTICS The 8-channel fiber optic dissolution system must have the following salient characteristics: 1. Shall be capable of in-situ monitoring and measuring concentration of API and drug products with data displayed in real-time by fiber optics UV spectroscopy in volumes from 1 mL to 20 mL 2. Miniature 8-channel( <_1mL to >_20 mL) with software controlled temperature and individual control of stirring speed 3. Bench Top System: Bench top system should have a dimension of 30.5 inches in length and 20 inches in depth. 4. Eight (8) port multiple spectrometer monitor (spectrometer measuring (remove measuring) range: <_200nm - >_720nm) with internal power supplies, high output source lamp, and fiber optic distribution assembly 5. >_ eight (8) stainless steel probes with fiber optic cables 6. >_ three (3) interchangeable spectral absorption tips (specification of tips: 5, 10, and 20 mm) 7. Licensed software for system operation and method development 8. Computer Fiber Optic System • One (1) PC with minimum requirements of a Pentium IV with the following: 512 MB RAM; 10 GB or higher hard drive; Windows 7 Pro; 64 bit operating system; CD ROM drive; Microsoft Excel; fiber optic dissolution software 9. One (1) standardization station for holding >- 8 probes capable of holding all probes simultaneously and normalized the probes within one solution at once. Dimension of the standardization probe should be 10 inches deep, 6 inches wide, and 21 inches tall. 10. Delivery 11. Installation which includes the following: • Installation performed by a trained technician • Documented operation qualification and performance verification of the fiber optic dissolution system 12. Onsite training: To be performed within 3 weeks after the fiber optic dissolution system has been delivered, installed and accepted by the FDA. The purpose of the training is to familiarize five (5) scientists 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 the users should do if a unit or the system is not functioning properly • Any other topics deemed necessary to familiarize FDA employees with the system • Training session: 8 hours (one day) • Contractor shall provide all training materials (web based or written form) 1 week before the scheduled installation date 13. Warranty: • Vendor will be responsible for parts, travel, and labor for the site visits • All components of the system shall be covered by a minimum one (1) 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 14. Maintenance/Support Agreement: The FDA requires an option year maintenance agreement to cover the following (Clin 2-5) • 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 • A maximum of five 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 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. B) SPECIAL INSTRUCTIONS Please indicate sufficient details on the technical specs in order for an evaluation to be made as to whether the vendor for each bid meets all the technical specs identified as the necessary in the Specification document. All of the above in Part 3, Section A are minimum requirements. Equivalent requirements that differ from these minimum requirements must be justified by the proposing vendor. Part 4 - Packing, Marking and Shipping 4. All deliverables required under his contract shall be packaged, marked and shipped in accordance with Government specifications. At a minimum, all deliverables shall be marked with the contract number and contractor name. 4.1 The Contractor shall guarantee that all required materials shall be delivered in immediate usable and acceptable condition. Part 5 - Inspection and Acceptance 5. The Contracting Office's Technical Representative (COTR) will perform inspection and acceptance of equipment. 5.1 For the purposes of this PART, (COTR - to be determined upon contract award) is the authorized representative of the Contracting Officer. 5.2 Inspection and acceptance will be performed at the location identified in 6.1.3 Acceptance is communicated in writing unless otherwise indicated in writing by the Contracting Officer or COTR within 30 days of receipt. 5.3 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 6 - Deliveries Or Performance 6. Deliveries 6.1.1. Satisfactory performance of this contract shall be deemed to occur upon delivery of the scientific instrument described in PART 3 of this solicitation and upon acceptance by the Contracting Officer, or the COTR, and reports required at the dates specified with PART 3 of this request for proposal. 6.1.2. Deliveries required by the contractor shall be made F.O.B destination within 60 days from receipt of this award of contract to the addresses/addresses listed below: 6.1.3. Delivery LOCATION: U.S. Food and Drug Administration 10903 New Hampshire Avenue Building 64, Lab 1073 Silver Spring, MD 20993 6.1.4 Unless otherwise specified, deliveries shall be made to the Delivery Point specified above, Monday through Friday (excluding Federal Holidays, see PART 8) between the hours of 10:00 AM and 6:30 P.M. Eastern Time Zone only. Supplies scheduled for delivery on a Federal holiday shall be made the next business day. PART 7 - CONTRACT ADMINSTRATION DATA 7. Contracting Officer's Technical Representative (COTR) 7.1.1 The following COTR will represent the Government for the purpose of this contract: (To Be Determined Upon Contract Award) The Contracting Officer is the only one with authority to act as agent of the Government under this contract. Only the Contracting Officer has the 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 cost incurred during the performance of this contract; or (5) otherwise change any terms and conditions of this contract. 7.1.2. The contact information for the Contracting Officer: Gina Jackson Gina.Jackson@fda.hhs.gov 7.1.3. The contact information for the Contracting Specialist is Howard S. Yablon Howard.Yablon@fda.hhs.gov 7.2. INVOICE SUBMISSION 7.2.1. Pursuant to the provisions of the following FAR Clauses: 52.232-25 \ Prompt Payment; 52.232-33, Payment by Electronic Funds Transfer- SAM; the Contractor shall submit invoices for costs incurred and claimed for reimbursement in accordance with the following instructions. 7.2.1.1 Invoices shall be submitted to the Contract Specialist Howard Yablon at the following email address: Howard.Yablon@fda.hhs.gov PART 8 HHSAR AND FAR CLAUSES BY FULL TEXT • 352.202-1 - DEFINITIONS (JAN. 2006) • 352.242-73 - WITHHOLDING OF CONTRACT PAYMENTS (JAN. 2006) • 352.203.70 - ANTI-LOBBYING (JAN. 2006) • 352.239.73 - ELECTRONIC AND INFORMATION TECHNOLOGY ACCESSIBILITY (JAN. 2010) Definitions (January 2006) (HHSAR 352.202-1) ‘‘(a) The term ‘‘Secretary'' or ‘‘Head of the Agency'' (also called ‘‘Agency Head'') means the Secretary, Deputy Secretary, or any Assistant Secretary, Administrator or Commissioner of the Department of Health and Human Services; and the term ‘‘his/her duly authorized representative'' means any person, persons, or board authorized to act for the Secretary.'' ‘‘(b) The term ‘‘Contracting Officer's Technical Representative" means the person who monitors the technical aspects of contract performance. The Contracting Officer's Technical Representative is not authorized to issue any instructions or directions which cause any increase or decrease in the Statement of Work/Performance Work Statement/Specifications which would result in the increase or decrease in the price of this contract, or changes in the delivery schedule or period of performance of this contract. If applicable, the Contracting Officer's Technical Representative is not authorized to receive or act upon any notification or revised cost estimate provided by the Contractor in accordance with the Limitation of Cost or Limitation of Funds clauses of this contract.'' Withholding of Contract Payments (January 2006) (HHSAR 352.242-73 Notwithstanding any other payment provisions of this contract, failure of the Contractor to submit required reports when due or failure to perform or deliver required work, supplies, or services, may result in the withholding of payments under this contract unless such failure arises out of causes beyond the control, and without the fault or negligence of the Contractor as defined by the clause entitled ‘‘Excusable Delays'' or ‘‘Default,'' as applicable. The Government will immediately notify the Contractor of its intention to withhold payment of any invoice or voucher submitted. ANTI-LOBBYING (JAN. 2006) (HHSR 252.203.70) Pursuant to the current HHS annual appropriations act, except for normal and recognized executive-legislative relationships, the Contractor shall not use any HHS contract funds for (i) publicity or propaganda purposes; (ii) the preparation, distribution, or use of any kit, pamphlet, booklet, publication, radio, television or video presentation designed to support or defeat legislation pending before the Congress or any State legislature, except in presentation to the Congress or any State legislature itself; or (iii) payment of salary or expenses of the Contractor, or any agent acting for the Contractor, related to any activity designed to influence legislation or appropriations pending before the Congress or any State legislature. Electronic information and technology accessibility. (JAN. 2010) (HHSAR 353.239.73) (a) Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), as amended by the Workforce Investment Act of 1998, and the Architectural and Transportation Barriers Compliance Board Electronic and Information (EIT) Accessibility Standards (36 CFR Part 1194), require that, unless an exception applies, all EIT products and services developed, acquired, maintained, or used by any federal department or agency permit- (1) Federal employees with disabilities to have access to and use information and data that is comparable to the access and use of information and data by federal employees who are not individuals with disabilities; and (2) Members of the public with disabilities seeking information or services from a federal agency to have access to and use of information and data that is comparable to the access and use of information and data by members of the public who are not individuals with disabilities. (b) Accordingly, any vendor submitting a proposal/quotation/bid in response to this solicitation must demonstrate compliance with the established EIT accessibility standards. Information about Section 508 is available at http://www.section508.gov/. The complete text of Section 508 Final Provisions can be accessed at http://www.access-board.gov/sec508/standards.htm. (c) The Section 508 accessibility standards applicable to this solicitation are identified in the Statement of Work/Specification/Performance Work Statement. In order to facilitate the Government's evaluation to determine whether EIT products and services proposed meet applicable Section 508 accessibility standards, offerors must prepare an HHS Section 508 Product Assessment Template, in accordance with its completion instructions, and provide a binding statement of conformance. The purpose of the template is to assist HHS acquisition and program officials in determining that EIT products and services proposed support applicable Section 508 accessibility standards. The template allows vendors or developers to self-evaluate their products or services and document in detail how they do or do not conform to a specific Section 508 accessibility standard. Instructions for preparing the HHS Section 508 Evaluation Template may be found under Section 508 policy on the HHS Office on Disability website (http://www.hhs.gov/od/). (d) Respondents to this solicitation must also provide any additional detailed information necessary for determining applicable Section 508 accessibility standards conformance, as well as for documenting EIT products or services that are incidental to the project, which would constitute an exception to Section 508 requirements. If a vendor claims its products or services, including EIT deliverables such as electronic documents and reports, meet applicable Section 508 accessibility standards in its completed HHS Section 508 Product Assessment Template, and it is later determined by the Government - i.e., after award of a contract/order, that products or services delivered do not conform to the described accessibility standards in the Product Assessment Template, remediation of the products or services to the level of conformance specified in the vendor's Product Assessment Template will be the responsibility of the Contractor and at its expense. FAR Clause Description 52.212-4 Contract Terms and Conditions Commercial Items (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. 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items. As prescribed in 12.301(b)(4), insert the following clause: 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 and 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 (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) [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 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] x__ (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 (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 (Jul 2010) of 52.219-9. x__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)). x__ (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 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). __ (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)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O. 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-13. __ (39)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (E.O. 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). x__ (41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (JUN 2014) (E.O. 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) (E.O. 13513). __ (43) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83). __ (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 (June 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. 2302 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)). __ (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 (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) (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 (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 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 sa 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 to the Contractor within 1 day.. 52.217-9 Option to Extend the Term of the Contract. (March 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 10 months; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. 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. CONTRACTOR ADVERTISING OF CONTRACT AWARD (Sept. 2012) The Contractor shall not refer to the product or service awarded under this contract in commercial advertising, as defined in FAR 31.205-1, in any manner which states or implies the Food and Drug Administration's approval or endorsement of the product or service being provided; or, states or implies that the product or service being provided is considered to be superior to other industry products or services. The Contractor may request the Contracting Officer to make a determination as to the propriety of promotional material. 52.211-6 Brand Name or Equal. (Aug. 1999) (a) 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 solicitation. PART 9 - SPECIAL CONTRACT REQUIREMENTS 9. Government Holidays 9.1.1. 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 10- INSTRUCTIONS TO THE OFFERORS 10.1: CONTRACT TYPE: COMMERCIAL ITEM-FIRM FIXED PRICED 10.2 Instructions: • The Offeror's price quote shall have a technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary.  THE OFFEROR'S PRICE QUOTE SHALL INCLUDE THE ESTIMATED DATE OF DELIVERY  PLACE OF MANUFACTURE: COUNTRY (IF OUTSIDE THE US); IF U.S IS THE PLACE OF MANUFACTURE, ALSO INCLUDE THE STATE AND CITY. 10.3: AWARD CRITERIA: THE GOVERNMENT WILL AWARD THIS REQUIREMENT TO THE LOWEST PRICED TECHNICALLY ACCEPTABLE QUOTE. RESPONSE DATES Quotes Due Date: All quotes shall be submitted via email Howard.Yablon@fda.hhs.gov by 2:00 PM EASTERN TIME on Wednesday,, August 27, 2014...
 

Web Link

FBO.gov Permalink
(https://www.fbo.gov/spg/HHS/FDA/DCASC/FDA-SOL-1135236/listing.html)
 

Place of Performance

Address: 10903 New Hampshire Avenue, Silver Spring, Maryland, 20993, United States

Zip Code: 20993
 

Record

SN03472245-W 20140822/140820235250-a355edf4336bef27662187a208b51763 (fbodaily.com)
 

Source

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