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FBO DAILY - FEDBIZOPPS ISSUE OF APRIL 27, 2016 FBO #5269
SOLICITATION NOTICE

J -- Preventative Maintenance on JEOL brand electron microscope

Notice Date

4/25/2016
 

Notice Type

Combined Synopsis/Solicitation
 

NAICS

811219 — Other Electronic and Precision Equipment Repair and Maintenance
 

Contracting Office

Department of Health and Human Services, Food and Drug Administration, Office of Acquisitions and Grants Services - Rockville, 5630 Fishers Lane, Room 2129, Rockville, Maryland, 20857-0001, United States
 

ZIP Code

20857-0001
 

Solicitation Number

FDASOL1164011
 

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

N/A
 

Description

RFQ: FDASOL1164011 The Food and Drug Administration (FDA) CDRH division has a requirement to purchase a one (1) year service maintenance contract plus a one (1), year option period agreement for a JEOL JSM 6390 LV Scanning Electron Microscope, Serial # 143000-76, located at the FDA's facility located in White Oak, (Silver Spring) MD 20993. 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. The solicitation is issued as a Request for Quote (RFQ), using the Simplified Acquisitions Procedures of FAR 13. The solicitations document/incorporated provisions and clauses are those in effect through the current Federal Acquisition Circular: FAC 2005-87. The associated North American Industry Classification System (NAICS) Code is 811219: Other Electronic and Precision Equipment Repair and Maintenance,. Small Business Size Standard is $20.5 million dollars. This acquisition is full and open competition. Contract Type: Commercial Item: Firm Fixed Price PART 2 - PRICES/COST: PREVENTATIVE SERVICE MAINTENANCE AGREEMENTS ON THE FOLLOWING ITEMS:  One (1) JEOL JSM 6390 LV Scanning Electron Microscope, Serial # 143000-76 and associated products which shall include the following: o MP-31450 Airlock System for 6060 o MP-31130LGS Eucentric Large Speciman Stage 352705 o MP-34080BEIW Backscattered Elect Detector 354791 o Water Chiller, Water Cooled, 1.2KW, 1R (JU2009756) CLIN Description Unit Price Qty Unit of Issue Price 0001 Base Year: Service Maintenance Agreement, Period of Performance 6/26/2016-6/25/2017 Quantity: 1 Unit price: ea Price: $ Total Price for Clin 0001: $ 0002 Option Year 1: Service Maintenance Agreement, Period of Performance 6/26/2017-6/25/2018 Quantity: 1 Unit Price: ea Price: $ Total Price for Clin 0002: $ Grand Total (Clin 0001 and Clin 0003 added together): $ Part 3: The Service Maintenance Agreement shall include the following: 1. One (1) preventative maintenance inspection and service shall be performed in the base year and one (1) preventative maintenance inspection and service shall be performed in the subsequent option year with all travel, labor and parts included. At a minimum, the preventative maintenance service shall include the following:  Routine preventative maintenance of the instrument  Calibrate instruments to meet manufacture's specifications  Basic service consumables kit, JEOL Product ID JU201010300-S602LV-11290 required for routine preventative maintenance  Any other preventative maintenance measures deemed necessary by the vendor 2. Upon the preventative maintenance on-site visit, the contractor shall assess the scientific equipment and determine if the repairs needed to the scientific equipment are covered under the service maintenance agreement. If the repairs are not covered under the service maintenance agreement and are deemed necessary to complete the preventative maintenance service, the contractor shall submit a quote to the Government for review, and approval or negotiation, which shall include travel costs, parts costs and labor costs. Repairs shall not be initiated by the contractor unless the Contract Specialist or Contracting Officers' Representative has given the vendor proper authorization.. Contractor may be required to return to complete the preventative maintenance service after necessary repairs are completed.  For repairs up to $2,500, not covered by the Service Maintenance Agreement, the Government shall pay the vendor (with proper Government approvals) with a Government Purchase Card  For repairs over $2,500, not covered by the Service Maintenance Agreement, the Government will issue a Purchase Order for the repairs or utilize an existing IDIQ contract. 3. Service must be provided by service engineers who are trained and certified by the original manufacturer of this instrument (JEOL), and able to demonstrate a proven record of success in servicing JEOL instruments. Service engineers shall have access to the manufacturer's latest technical developments, repair procedures, application updates, and diagnostic software and planned maintenance procedures. 4. Warranty on parts and labor for any repairs completed during the service maintenance period is for the term of the contract. 5. Demonstrated proprietary rights to the design and software of the instrument. 6. All software updates to the scientific equipment and/or software and related installation of such instrument updates and /or software during the Agreement Term 7. Unlimited for telephone support during regular business hours, 8:00 AM-5:00 PM ET. for instrument support and applications at no additional charge 8. 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. 9. All components (parts) determined by the contractor to be defective will be replaced without charge. 10. Priority technical support with a 2 hour response time 11. Unlimited Responses to requests for emergency on-site service and /or non-emergency requests (Monday-Friday, excluding Federal holiday) within 72 hours. The onsite visit will occur if the contractor's telephone support service is unable to correct the problem. 12. The vendor shall, commensurate with the completion of each service call, provide the end user of the equipment with a copy of the 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 descriptions 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 informational purposes, onsite hours expended and parts/components replaced. PART 4 - INSPECTION AND ACCEPTANCE The Contracting Officer's Representative (COR) will perform inspection and acceptance of the service maintenance services and if necessary, the repair services to be provided. 4.1. For the purpose of this PART, (TBD) 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. MAINTENANCE/SUPPORT Satisfactory performance of this contract shall be deemed to occur upon completion of the Preventative Maintenance Support Agreement items as detailed in PART 3 of this solicitation and the 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: June 26, 2016 to June 25, 2017 (See Section 8 for Government Holidays) • Hours of Operation: Monday-Friday, 8:00 AM -4:30 PM Eastern Time 5.2. SCIENTIFIC EQUIPMENT DETAIL AND PERFORMANCE LOCATION: All items are located at our White Oak (Silver Spring), MD campus: FDA/CDRH 10903 New Hampshire Avenue Building 62, Room G 250 (G252) Silver Spring, MD 20993 The preventative maintenance of the microscope and associated items shall be serviced at the FDA's facility.. PART 6 - CONTRACT ADMINISTRATION DATA 6.1 CONTRACTING OFFICERS REPRESENTATIVE (COR) The following COR will represent the Government for the purpose of this contract: Not determined at this time. 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. 6.1.1 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. 6.1.2 The contact information for the Contracting Officer: Gina Jackson 5630 Fishers Lane Rockville, MD 20857 Gina.Jackson@fda.hhs.gov Tel: (240)-402-7590 6.1.3 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:  3-Way Match: FDA THREE-WAY-MATCHING INVOICE CLAUSE A. The contractor shall submit all invoices to all addressees in the manner specified below: OFFICE OF FINANCE SERVICES U.S. FOOD AND DRUG ADMINISTRATION 10903 New Hampshire Avenue WO32 - Second Floor MAIL HUB 2145 Silver Spring, MD 20993-002 Attn: Vendor Payments 301-827-3742 or 866-807-3742 fdavendorpaymentsteam@fda.gov *** ACCEPTABLE METHODS OF DELIVERY INCLUDE: MAIL, HAND DELIVERY, AND E-MAIL And one original to the contracting officer representative (COR) or other program center/office designee: U.S. FOOD AND DRUG ADMINISTRATION CDRH ATTN: To Be Determined *** 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; SAM 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 • HHSAR CLAUSES INCORPORATED BY REFERENCE: TO READ THE FULL TEXT OF THE HHSAR CLAUSES AS STATED BELOW, SEE HTTP://WWW.HHS.GOV/REGULATIONS/HHSAR/SUBPART352.HTML HHSAR Clause Description Date 353.211-3 Paperwork Reduction Act (Dec. 18, 2015) 352.222-70 Contractor Cooperation in Equal Employment Opportunity Investigations (Dec. 18, 2015) 352-227-70 Publications and Publicity (Dec. 18, 2015) 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 (Oct 2015) 52.212-2 Evaluation -- Commercial Items (Oct 2014) 52.212-4 Contract Terms and Conditions - Commercial Items (May 2015) FAR CLAUSES BY FULL TEXT 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 10 (Ten) days, within which the Contracting Officer may exercise the option]. 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. (Mar 2016) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] ___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). ___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (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). ___ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2015) (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). ___ (8) 52.209-6, Protecting the Government?s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (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) [Reserved] ___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). ___ (ii) Alternate I (Nov 2011) of 52.219-3. ___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a). ___ (ii) Alternate I (Jan 2011) of 52.219-4. ___ (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. ___ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)). ___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (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 (Oct 2015) 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) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f). __x_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)). ___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)). ___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)). _x__ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). ___ (26) 52.222-19, Child Labor?Cooperation with Authorities and Remedies (Feb 2016) (E.O. 13126). _x__ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). _x__ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246). ___ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). _x__ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). ___ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). ___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). ___ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). ___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627). ___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 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.) ___ (35) (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.) ___ (36) (i) 52.223-13, Acquisition of EPEAT? -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514 ___ (ii) Alternate I (Oct 2015) of 52.223-13. ___ (37) (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. ___ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). ___ (39) (i) 52.223-16, Acquisition of EPEAT? -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514). ___ (ii) Alternate I (Jun 2014) of 52.223-16. __x_ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513). _x__ (41) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83). _x__ (42) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43). ___ (ii) Alternate I (May 2014) of 52.225-3. ___ (iii) Alternate II (May 2014) of 52.225-3. ___ (iv) Alternate III (May 2014) of 52.225-3. ___ (43) 52.225-5, Trade Agreements (Feb 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). __x_ (44) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.?s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). ___ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 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. 4505), 10 U.S.C. 2307(f)). ___ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). __x_ (50) 52.232-33, Payment by Electronic Funds Transfer? System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (51) 52.232-34, Payment by Electronic Funds Transfer?Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). ___ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). ___ (54) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). ___ (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] ___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495) ___ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.). ___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). ___ (4) 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). ___ (5) 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_ (6) 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). ___ (7) 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). __x_ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658). ___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). ___ (10) 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 (Oct 2015) (41 U.S.C. 3509). (ii) 52.219-8, Utilization of Small Business Concerns (Oct 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 $700,000 ($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) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246). (vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). (vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (viii) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). (ix) 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. (x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67). (xi) ____ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). ___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627). (xii) 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.) (xiii) 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) (xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989). (xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). (xvi) 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. 2302Note). (xvii) 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. (xviii) 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. 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 ITEMS-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 INCLUSIVE OF SHIPPING AND HANDLING EXPENSE  OFFEROR SHALL INCLUDE A PRICE BREAKOUT FOR ALL COMPONENTS FOR ITEM 0001 THROUGH ITEM 0002 AND THE EXTENDED TOTAL, (SEE PART 2 FOR TABLE TO BE COMPLETED) TO INCLUDE DETAILED DESCRIPTION, CATALOG PART/NUMBER, QUANTITY, AND UNIT PRICE OF EACH ITEM. TO BE ELIGIBLE FOR AWARD, ALL LINE ITEMS MUST BE QUOTED.  THE OPTIONS WILL NOT BE FUNDED AT TIME OF AWARD. IF EXERCISED, FUNDING WILL BE OBLIGATED INDIVIDUALLY EACH YEAR  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 DETERMINE THE SERVICE OFFERED MEETS THE TECHNICAL REQUIREMENTS 9.3: PERIOD OF ACCEPTANCE OF OFFERS: THE OFFEROR AGREES TO HOLD THE PRICES IN ITS OFFER FIRM UNTIL JUNE 25, 2016. RESPONSE DATES: Quotes Due Date: All quotes shall be submitted via email Howard.Yablon@fda.hhs.gov by 3:00 PM EASTERN TIME on Monday, May 16, 2016..
 

Web Link

FBO.gov Permalink
(https://www.fbo.gov/spg/HHS/FDA/DCASC/FDASOL1164011/listing.html)
 

Place of Performance

Address: FD/CDRH, 10903 New Hampshire Avenue, Building 62, Room G250 (G252), Silver Spring, Maryland, 20993, United States

Zip Code: 20993
 

Record

SN04094556-W 20160427/160425234330-f064037937802e6f7539c42cbbea78bd (fbodaily.com)
 

Source

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