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FBO DAILY - FEDBIZOPPS ISSUE OF SEPTEMBER 06, 2019 FBO #6494
SOLICITATION NOTICE

J -- Service agreement renewal for Shimadzu HPLC and LCMS

Notice Date

9/4/2019
 

Notice Type

Combined Synopsis/Solicitation
 

NAICS

811219 — Other Electronic and Precision Equipment Repair and Maintenance
 

Contracting Office

Department of Health and Human Services, National Institutes of Health, National Cancer Institute, Office of Acquisitions - Shady Grove, 9609 Medical Center Drive, Rockville, Maryland, 20850, United States
 

ZIP Code

20850
 

Solicitation Number

75N91019Q00150-1
 

Archive Date

9/25/2019
 

Point of Contact

William T. Neal, Phone: 2402765433, Reyes Rodriguez, Phone: 240-276-5442
 

E-Mail Address

william.neal@nih.gov, reyes.rodriguez@nih.gov
(william.neal@nih.gov, reyes.rodriguez@nih.gov)
 

Small Business Set-Aside

N/A
 

Description

Title: Service agreement renewal for Shimadzu HPLC and LCM Document Type: Combined Synopsis/Solicitation Notice Solicitation Number: 75N91019Q00150-1 Proposed Posted Date:09/04/2019 Proposed Response Date: 09/10/2019 12:00 PM ET Classification Code:J066 - MAINT/REPAIR/REBUILD OF EQUIPMENT NAICS Code: 811219 -- Other Electronic and Precision Equipment Repair and Maintenance Business Standard Size: $20.5 $Million Non-USPS mail such as Fedex, UPS and other private carriers please use Rockville, MD 20850. This is a combined synopsis/solicitation for commercial items, prepared in accordance with format in FAR 12.6 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation and a separate written solicitation will not be issued. This solicitation: No. 75N91019Q00150-1 includes all applicable provisions and clauses in effect through FAR FAC 2019-05 (AUG 2019) simplified procedures for commercial items. Only one award will be made as a result of this solicitation. This will be awarded as a firm fixed price purchase order for severable services. SCOPE The mission of the Molecular Imaging Program is to advance cancer therapies using molecular imaging. The Molecular Imaging Program (MIP) conducts research in designing, developing and testing new novel targeted imaging agents for the detection and characterization of cancer. These imaging agents include tissue-specific MRI, PET, radionuclide, and optical probes. We are focused on the clinical translation of targeted imaging agents for cancer imaging. As part of our pre-clinical research, the Molecular Imaging Program houses a Shimadzu HPLC and LCMS to analyze samples. This request is for a renewal service agreement for a government owned Shimadzu HPLC (High Performance Liquid Chromatography) and LCMS (Liquid Chromatography Mass Spectrometry. MIP is proposing to renew a service agreement for both instruments. Both instruments are essential and important to the MIP's pre-clinical research. The Contractor shall provide all labor, material and equipment necessary to maintain and provide preventive maintenance for a Shimadzu HPLC and LCMS located in the Molecular Imaging Program, CCR, NCI. Both instruments are used to analyze biological and chemical compounds for pre-clincial research for NIR-PIT imaging. All maintenance services shall be performed on-site in accordance with the manufacturer's standard commercial maintenance practices. TYPE OF ORDER This is a firm fixed-price purchase order. SPECIAL ORDER REQUIREMENTS PREVENTIVE MAINTENANCE The Contractor shall perform 1 planned preventive maintenance during the contract period for each instrument. Technically qualified factory-trained personnel shall perform Service. Service shall consist of a thorough cleaning, calibration, adjusting, inspection, and testing of all equipment in accordance with the manufacturer's latest established service procedures. All equipment shall be operationally tested through at least one (1) complete operating cycle at the end of the preventive maintenance inspection to assure optimum and efficient performance. EMERGENCY SERVICE On-site, emergency repair service visit shall be provided during the term of this contract at no additional cost to the government. Emergency service shall be provided during normal working hours, Monday through Friday excluding Federal Holidays. Upon receipt of notice that any part of the equipment is not functioning properly the Contractor shall send a qualified factory-trained service representative to inspect the equipment and perform all repairs and adjustments necessary to restore the equipment to normal and efficient operating condition within 48 hours. Emergency service calls shall not replace the necessity for planned preventative maintenance. All labor and travel will be included. REPLACEMENT PARTS The Contractor shall furnish all required replacement parts at no additional cost to the Government, with the exception of consumables. Parts shall be new to original equipment specifications. Parts will be delivered the earliest next day. SOFTWARE UPDATES/SERVICE The Contractor shall provide Software Service and updates in accordance with the manufacturer's latest established service procedures, to include telephone access to technical support for use of program software and troubleshooting of the operating systems, at no additional cost to the Government. The contractor shall receive advance approval for the installation of all software updates and revisions from the Government. Defective software shall be replaced at no additional cost to the government. SERVICE EXCLUSIONS The Contractor shall not be responsible for any repairs necessitated by abuse, neglect, vandalism, Acts of God, fire or water. These repairs shall be the subject of a separate purchase order and shall not be performed under this contract. PERIOD OF PERFORMANCE The period of performance shall be for twelve (12) months base period and three (3) option periods. Option Period 1: 09/13/2020 through 09/12/2021 Option Period 2: 09/13/2021 through 09/12/2022 Option Period 3: 09/13/2022 through 09/12/2023 PERSONNEL QUALIFICATIONS Technically qualified factory-trained personnel shall perform service to Shimadzu HPLC ad LCMS, as covered by this contract. All primary service personnel shall have at least one backup support person with at least the same level of expertise on the equipment covered by this contract. PLACE OF PERFORMANCE Onsite services shall be performed at the following location: NIH, NCI, 10 Center Dr Bethesda, MD 20892 PAYMENT Payment shall be made quarterly in arrears. Payment authorization requires submission and approval of invoices to the Contracting Officer Representative (COR) and NIH OFM, in accordance with the payment provisions listed below: The following clause is applicable to all Purchase Orders, Task or Delivery Orders, and Blanket Purchase Agreement (BPA) Calls: PROMPT PAYMENT (JAN 2017) FAR 52.232-25. Highlights of this clause and NIH implementation requirements follow: IINVOICE REQUIREMENTS A.An invoice is the Contractor's bill or written request for payment under the contract for supplies delivered or services performed. A proper invoice is an "Original" which must include the items listed in subdivisions 1 through 12, below, in addition to the requirements of FAR 32.9. If the invoice does not comply with these requirements, the Contractor will be notified of the defect within 7 days after the date the designated billing office received the invoice (3 days for meat, meat food products, or fish, and 5 days for perishable agricultural commodities, dairy products, edible fats or oils) with a statement of the reasons why it is not a proper invoice. (See exceptions under II., below.) Untimely notification will be taken into account in the computation of any interest penalty owed the Contractor. 1.Vendor/Contractor: Name, Address, Point of Contact for the invoice (Name, title, telephone number, e-mail and mailing address of point of contact). 2.Remit-to address (Name and complete mailing address to send payment). 3.Remittance name must match exactly with name on original order/contract. If the Remittance name differs from the Legal Business Name, then both names must appear on the invoice. 4.Invoice date. 5.Unique invoice #s for all invoices per vendor regardless of site. 6.NBS document number formats must be included for awards created in the NBS: Contract Number; Purchase Order Number; Task or Delivery Order Number and Source Award Number (e.g., Indefinite Delivery Contract number; General Services Administration number); or, BPA Call Number and BPA Parent Award Number. 7.Data Universal Numbering System (DUNS) or DUNS + 4 as registered in the Central Contractor Registration (CCR). 8.Federal Taxpayer Identification Number (TIN). In those exceptional cases where a contractor does not have a DUNS number or TIN, a Vendor Identification Number (VIN) must be referenced on the invoice. The VIN is the number that appears after the contractor's name on the face page of the award document. 9.Identify that payment is to be made using a three-way match. 10.Description of supplies/services that match the description on the award, by line billed.* 11.Freight or delivery charge must be billed as shown on the award. If it is included in the item price do not bill it separately. If identified in the award as a separate line item, it must be billed separately. 12.Quantity, Unit of Measure, Unit Price, Extended Price of supplies delivered or services performed, as applicable, and that match the line items specified in the award.* * NOTE: If your invoice must differ from the line items on the award, please contact the Contracting Officer before submitting the invoice. A modification to the order or contract may be needed before the invoice can be submitted and paid. B.Shipping costs will be reimbursed only if authorized by the Contract/Purchase Order. If authorized, shipping costs must be itemized. Where shipping costs exceed $100, the invoice must be supported by a bill of lading or a paid carrier's receipt. C.Mail an original and 1 copy of the itemized invoice to: National Institutes of Health Office of Financial Management, Commercial Accounts 2115 East Jefferson Street, Room 4B-432, MSC 8500 Bethesda, MD 20892-8500 For inquiries regarding payment call: (301) 496-6088 In order to facilitate the prompt payment of invoices, it is recommended that the vendor submit a photocopy of the invoice to the "Consignee" designated for the acquisition in blocks 6A - 6E of the face page of the Order/Award document. II. INVOICE PAYMENT A.Except as indicated in paragraph B., below, the due date for making invoice payments by the designated payment office shall be the later of the following two events: 1. The 30th day after the designated billing office has received a proper invoice. 2. The 30th day after Government acceptance of supplies delivered or services performed. B.The due date for making invoice payments for meat and meat food products, perishable agricultural commodities, dairy products, and edible fats or oils, shall be in accordance with the Prompt Payment Act, as amended. III.INTEREST PENALTIES A.An interest penalty shall be paid automatically, if payment is not made by the due date and the conditions listed below are met, if applicable. 1. A proper invoice was received by the designated billing office. 2. A receiving report or other Government documentation authorizing payment was processed and there was no disagreement over quantity, quality, or contractor compliance with a term or condition. 3. In the case of a final invoice for any balance of funds due the contractor for supplies delivered or services performed, the amount was not subject to further settlement actions between the Government and the Contractor. B.Determination of interest and penalties due will be made in accordance with the provisions of the Prompt Payment Act, as amended, the Contract Disputes Act, and regulations issued by the Office of Management and Budget. IV. PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS, FAR 52.232-40 (DEC 2013) a)Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor. b)The acceleration of payments under this clause does not provide any new rights under the prompt Payment Act. Include the substance of this clause, include this paragraph c, in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items. PROVISIONS AND CLAUSES The following Federal Acquisition Regulation Clauses apply to this acquisition: Clauses as required by the John S. McCain National Defense Authorization Act (NDAA) for FY 2019, Public Law 115-232, Section 889(a)(1)(A). FAR 52.204-24 - Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment FAR 52.204-25 - Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. NOTE: Offerors are required to have an authorized individual self-certify and return attachment from FAR 52.204-24 along with the quote. 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 (Aug 2019) (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)52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (2)52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91). (3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 89(a)(1)(A) of Pub. L. 115-232). (4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) (5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (6) 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 (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). _X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note). ___ (5) [Reserved] ___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). ___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (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 (Oct 2018) (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 2018) (15 U.S.C. 637(d)(2) and (3)). ___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637 (d)(4)). ___ (ii) Alternate I (Nov 2016) of 52.219-9. ___ (iii) Alternate II (Nov 2016) of 52.219-9. ___ (iv) Alternate III (Nov 2016) of 52.219-9. ___ (v) Alternate IV (Aug 2018) 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 (Jan 2017) (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). ___ (22) 52.219-28, Post Award Small Business Program Re-representation (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). _X_ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126). _X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). _X_ (28) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246). ___ (ii) Alternate I (Feb 1999) of 52.222-26. _X_ (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). ___ (ii) Alternate I (July 2014) of 52.222-35. _X_ (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). ___ (ii) Alternate I (July 2014) of 52.222-36. _X_ (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). _X_ (33) (i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (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) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693). ___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693). ___ (38) (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. ___ (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 (Oct 2015) (E.O.s 13423 and 13514). ___ (ii) Alternate I (Jun 2014) of 52.223-16. ___ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513). ___ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693). ___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696). ___ (45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a). ___ (ii) Alternate I (Jan 2017) of 52.224-3. ___ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83). ___ (47) (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. _X (48) 52.225-5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). ___ (49) 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). ___ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). ___ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). ___ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ___ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)). _X_ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). ___ (55) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.S.C. 3332). ___ (56) 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). ___ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). ___ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)). ___ (60) (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. ___ (iii) Alternate II (Feb 2006) 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) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495) ___ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (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) (Aug 2018) (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). ___ (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). ___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658). ___ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). ___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). (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 dispute's 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 (Jan 2019) (41 U.S.C. 3509). (ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91). (iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115-232). (v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (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. (vi) 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. (vii) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (viii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246). (ix) 52.222-35, Equal Opportunity for Veterans (Oct 2019) (38 U.S.C. 4212). (x) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (xi) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). (xii) 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. (xiii) 52.222-41, Service Contract Labor Standards (Aug 2018), (41 U.S.C. chapter 67). (xiv) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (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). (xv) 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.) (xvi) 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) (xvii) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989). (xviii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). (xix) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). (xx) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a). (B) Alternate I (Jan 2017) of 52.224-3. (xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xxii) 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. (xxiii)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) Alternate I (Feb 2000). As prescribed in 12.301(b)(4)(i), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to "paragraphs (a), (b), (c), or (d) of this clause" in the redesignated paragraph (d) to read "paragraphs (a), (b), and (c) of this clause". Alternate II (Aug 2019). As prescribed in 12.301(b)(4)(ii), substitute the following paragraphs (d)(1) and (e)(1) for paragraphs (d)(1) and (e)(1) of the basic clause as follows: (d) (1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to- (i) Examine any of the Contractor's or any subcontractors' records that pertain to, and involve transactions relating to, this contract; and (ii) Interview any officer or employee regarding such transactions. (e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause, the Contractor is not required to flow down any FAR clause in a subcontract for commercial items, other than- (i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (d)(1)(ii) does not flow down; and (ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (A) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509). (B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (C) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91). (D) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115-232). (E) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (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. (F) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (G) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246). (H) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). (I) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (J) 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. (K) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67). (L) ____ (1) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627). ____ (2) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627). (M) 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). (N) 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). (O) 52.222-54, Employment Eligibility Verification (Oct 2015) (Executive Order 12989). (P) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). (Q) 52.222-62, Paid sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706). (R) (1) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a). (2) Alternate I (Jan 2017) of 52.224-3 (S) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (T) 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. (U) 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. FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or 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 this/these address(es): http://www.acquisition.gov/far/ and/or http://www.hhs.gov/policies/hhsar/. CLAUSE NO.TITLEDATE HHSAR 352.203-70ANTI-LOBBYINGDEC 2015 HHSAR 352.222-70CONTRACTOR COOPERATION IN EQUAL EMPLOYMENT OPPORTUNITY INVESTIGATIONSDEC 2015 HHSAR 352.224-71CONFIDENTIAL INFORMATIONDEC 2015 HHSAR 352.227-70PUBLICATIONS AND PUBLICITY DEC 2015 HHSAR 352.237-74NON-DISCRIMINATION IN SERVICE DELIVERYDEC 2015 CLAUSE NO.TITLEDATE FAR 52.212-4CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMSJAN 2017 FAR 52.217-8OPTION TO EXTEND SERVICES NOV 1999 FAR 52.217-9OPTION TO EXTEND THE TERM OF THE CONTRACTMAR 2000 PROVISIONS The following Federal Acquisition Regulation and Health & Human Services Acquisition Regulation Clauses apply to this acquisition: FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) This solicitation incorporates one or more solicitation provisions 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. The quoter is cautioned that the listed provisions may include blocks that must be completed by the quoter and submitted with its quotation. In lieu of submitting the full text of those provisions, the quoter may identify the provision by paragraph identifier and provide the appropriate information with its quotation. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): https://www.acquisition.gov/Far/ and/or http://www.hhs.gov/policies/hhsar/. PROVISION NO.TITLEDATE FAR 52.212-1INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMSAUG 2018 FAR 52.212-2 EVALUATION COMMERCIAL ITEMSOCT 2014 FAR 52.212-3OFFERORS REPRESENTATIONS AND CERTIFICATIONS -COMMERCIAL ITEMSAUG 2018 FAR 52.217-5EVALUATION OF OPTIONSJUL 1990 FAR 52.219-6NOTICE OF TOTAL SMALL BUSINESS SET-ASIDENOV 2011 Submission Information Quotes must be submitted with a completed 52.212-3 Quoter Representations and Certifications-Commercial Items-with DUNS Number Addendum, signed by an authorized representative of the Quoter OR provide a copy of valid certification in the System for Award Management (SAM) at www.sam.gov. The quote must be prepared in three SEPARATE volumes: Volume I - "Technical Volume", Volume II - "Past Performance Volume" and Volume III - "Price/Business Volume". Each of these parts shall be separate and complete in itself so that the evaluation of one may be accomplished independently of the evaluation of the other. The Request for Quotation (RFQ) number should be included on the front cover of each volume. Your quote must stipulate that it is predicated upon all the terms and conditions of this RFQ and signed by an official authorized to bind your organization. In addition, it must contain a statement to the effect that it is firm for a period of at least 60 days from the date of receipt thereof by the Government. This RFQ does not commit the Government to pay any of the costs associated with the preparation and submission of your quote. In addition, the Contracting Officer is the only individual authorized to legally commit the Government to the expenditure of public funds in connection with this requirement. By submitting a quote in response to this solicitation, it is understood that your quote shall become a part of the official contract file. BASIS FOR AWARD The Government intends to make an award to the Quoter whose quotation provides the best overall value to the Government. Selection of a Quoter for award will be based on an evaluation of quotations against four factors. The factors, in order of importance are: technical, personnel requirements and organizational experience, past performance and price. All evaluation factors other than cost or price, when combined, are significantly more important than cost or price. However, cost/price may become a critical factor in source selection in the event that two or more quoters are determined to be essentially equal following the evaluation of all factors other than cost/price. The process described in FAR 15.101-1 may be employed, which permits the Government to make tradeoffs among cost or price and non-cost factors to consider award to other than the lowest price quote or other than the highest technically rated factor. The evaluation will be based on the demonstrated capabilities of the prospective Contractors in relation to the needs set forth in the combined synopsis/solicitation. The merits of each quote will be evaluated carefully. Each quote must document the feasibility of successful implementation of the requirements of the combined synopsis/solicitation. The Government is not responsible for locating or securing any information which is not identified in the quote. The Government reserves the right to make an award without discussions. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may not be requesting revisions to Quotations, so Quoters should provide their best solution and price in response to the solicitation. NOTE: Quoters must submit information sufficient to evaluate their quotation based on the detailed factors listed below. THE EVALUATION PROCESS The Government will award a contract resulting from this RFQ to the responsible quoter whose quotation, conforming to the RFQ, will be most advantageous to the Government, price and other factors considered. The following evaluation factors shall be used to evaluate the prospective Contractors and are listed in order of importance: 1.Technical Approach 2.Personnel Requirements and Organizational Experience 3.Past Performance (Acceptable/Unacceptable) 4.Price (Price will be evaluated separately but not rated) TECHNICAL ADJECTIVAL RATINGS Evaluators will apply the criteria of the following adjectives, (as appropriate to the individual factor being evaluated) as general guidance to be used when rating each of the technical factors listed above and the volume as a whole. Rating AdjectivalDefinition Blue ExcellentThe quote contains no deficiencies or only a very few and very minor weaknesses. Based on information provided, there is no doubt that the quote demonstrates an exceptional understanding of the services required to meet or exceed most requirements. The highest quality of performance is anticipated. Green Very GoodThe quote contains no deficiencies and only a few minor weaknesses. Based on the information provided, there is little doubt that the quote demonstrates a high quality of understanding of the services required to meet or exceed some of the requirements. Yellow SatisfactoryThe quote contains no deficiencies and some weaknesses. Based on the information provided, the Quote demonstrates an understanding of the services required to meet the requirements. Orange PoorThe quote contains deficiencies and significant weaknesses. Based on information provided, there is doubt that the contractor understands the services required to meet the requirements. Requirement/services can be met only with major changes to the quote. Red UnacceptableThe quote has many deficiencies and/or gross omissions; failure to understand much of the scope of work necessary to perform the requirements; failure to provide a reasonable, logical approach to fulfilling much of the government's requirements; failure to meet many personnel requirements in the solicitation. (When applying this adjective to a quote as a whole, the technical quote would have to be so unacceptable in one or more areas that it would have to be completely revised in order to attempt to make it other than unacceptable.) Price Quote: The quoter shall prepare a price quotation that contains all information necessary to allow for a comprehensive evaluation of the price quoted. Specifically, each quote must include the following: -Federal Tax Identification Number (TIN); -Data Universal Numbering System (DUNS) Number; -Business Size (e.g., small or large) TECHNICAL EVALUATION CRITERIA 1.Technical Approach: The Quoter will be evaluated by the quality and reasonableness of the proposed technical plan as evidence of understanding of the scope, purpose, and complexity of the requirements as described in the Statement of Work (SOW) in enough detail that someone with a rudimentary knowledge of the subject would be able to understand the quoter's ability to perform the work. The proposed technical plan shall demonstrate the following: •Shall show evidence of previous work performed for at least three (3) past clients with Shimadzu Scientific Instruments, INC. instrumentation, that meets the standards required in the SOW. •Shall demonstrate the ability to provide service by a certified factory-trained Field Service Engineer within 48 hours of the Government's service request. •Shall demonstrate the ability to provide unlimited telephone support, for troubleshooting and onsite training by certified factory-trained technical support engineer and application specialists as stated in the SOW. •Shall demonstrate the ability to re-install software and/or provide updates as needed, at no additional cost to the Government. •Shall demonstrate the ability to perform all repairs and adjustments necessary, using OEM parts to restore the equipment to normal and efficient operating condition. 2.Personnel Requirements and Organizational Experience The Quoter will be evaluated by the appropriateness and adequacy of the proposed project personnel and organization experience as it relates to the completion of the requirements in the SOW, including the responsibilities and level of effort for all personnel who will be assigned to the contract. Staff as well as their detailed qualifications must be described. The key personnel assigned to this contract shall include: Certified factory-trained service engineers, certified technical support engineers, and application specialists. The Contractor shall provide a copy of the certificate of key personnel that will be performing the work stated in the SOW. Contractor shall also include the following in their quote: •Demonstrate knowledge and expertise on servicing and troubleshooting Shimadzu Scientific Instruments, INC instrumentation that meets the standards required in the SOW. •Demonstrate that certified factory-trained personnel have a minimum of three (3) years factory training and experience in the servicing of Shimadzu instrumentation that meets the standards required in the SOW. •Demonstrate that all primary service personnel shall have at least one backup Field Service Engineer with at least the same level of expertise on the equipment covered by this purchase order. 3.Past Performance (Acceptable/Unacceptable) Quoters shall submit the following information as part of their response: •A list of at least three (3) contracts providing similar services working onsite at the client's facility containing the instrument listed in the SOW completed during the past ten years and all contracts currently in process that are similar in nature to the services requested in the SOW. Contracts listed may include those entered into by the Federal Government, agencies of state and local Governments and commercial concerns. Quoters may also submit past performance information regarding predecessor companies, key personnel who have relevant experience or Sub Contractors that will perform major or critical aspects of the requirement when such information is relevant to the instant acquisition. Quoters that are newly formed entities without prior contracts should list contracts and subcontracts as required above for all key personnel. The list of contracts is preferably related to past experience with the Shimadzu instrumentation as listed in the SOW, as experience with other instrumentation may be irrelevant. Quoters shall include the following information for each contract or sub contract: 1.Name of Contracting Organization 2.Contract Number (for subcontracts, provide the prime contract number and the subcontract number) 3.Contract Type 4.Total Contract Value 5.Description of Requirement 6.Contracting Officer's Name and Telephone Number 7.Program Manager's and Telephone Number 8.North American Industry Classification System (NAICS) Code •The Quoter shall provide specific past performance information on issues encountered with the same or similar instrumentation mentioned in the SOW; identify applicable contracts; and provide corrective actions taken in order to resolve. The evaluation will be based on information obtained from references provided by the Quoter; other relevant past performance information obtained from other sources known to the Government. The Government will assess the relative risks associated with each Quoter. Performance risks are those associated with a Quoter's likelihood of success in performing the requirements as indicated by that Quoter's record of past performance. The assessment of performance risk is not intended to be the product of a mechanical or mathematical analysis of a quoter's performance on a list of contracts but rather the product of subjective judgment by the Government after it considers all available and relevant information. When assessing performance risks, the Government will focus on the past performance of the quoter as it relates to all acquisition requirements, such as the quoter's record of performing according to specifications, including standards of good workmanship; the quoter's adherence to contract schedules, including the administrative aspects of performance; the quoter's reputation for reasonable and cooperative behavior and commitment to customer satisfaction; and generally, the quoter's business-like concern for the interest of the customer. The Government will consider the currency and relevance of the information, source of the information, context of the data, and general trends in the quoter's performance. Quoters with no past performance, or sufficiently positive past performance, will be rated as acceptable. 4.Price The Government will evaluate the Quoter's price for all items/services proposed. The option period will be included as part of the total evaluated price. The Government shall evaluate proposed costs to determine they are fair and reasonable. Total Evaluated Price: Period of PerformanceTotal Price Base Period: 09/13/2019 through 09/12/2020 Option Period 1: 09/13/2020 through 09/12/2021 Option Period 2: 09/13/2021 through 09/12/2022 Option Period 3: 09/13/2022 through 09/12/2023 Questions Questions relating to this acquisition shall be submitted to Contracting Officer, William Neal, via email at william.neal@nih.gov no later than 3:00 PM EST on Friday, September 6, 2019. All email inquiries shall have "Question - Solicitation # 75N91019Q00150-1" included in the subject line. All questions shall be in writing and may be addressed to the aforementioned individual noted above. In order to receive an award, contractors must be registered and have valid certification in the System for Award Management through sam.gov. Submission Deadline Quotes are due no later than 12:00 PM EST on Tuesday, September 10, 2019 to Contracting Officer, William Neal via email at william.neal@nih.gov. All quotation submissions shall have "Quotation - Solicitation # 75N91019Q000150-1" included in the subject line.
 

Web Link

FBO.gov Permalink
(https://www.fbo.gov/spg/HHS/NIH/RCB/75N91019Q00150-1/listing.html)
 

Place of Performance

Address: NIH, NCI, Building 10, Rooms 1b40 and 1B43, Bethesda, Maryland, 20892-7511, United States

Zip Code: 20892-7511
 

Record

SN05430312-W 20190906/190904231127-75a93ac27afc52f28fa2792790769d4c (fbodaily.com)
 

Source

FedBizOpps Link to This Notice
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