SOLICITATION NOTICE
D -- Call Center Upgrade
- Notice Date
- 9/3/2009
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 517911
— Telecommunications Resellers
- 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-09-1062794
- Archive Date
- 9/30/2009
- Point of Contact
- Danielle Pena, Phone: 301-443-5860
- E-Mail Address
-
Daniella.Pena@fda.hhs.gov
(Daniella.Pena@fda.hhs.gov)
- Small Business Set-Aside
- Total Small Business
- Description
- This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued. The solicitation number is FDA-SOL-09-1062794 and is issued as a request for quotation (RFQ). This solicitation document incorporates provisions and clauses in effect through Federal Acquisition Circular 2005-36. This solicitation is a 100% set aside for small business concerns under NAICS code 517911 with a size standard of 1,500 employees. The Government intents to issue a firm fixed price purchase order and reserves the right to award without discussions. I.Statement of Work Project Title: CFSAN Call Center Upgrade: The Design and Implementation of Avaya Contact Center Express R4 and Communication Manager CM5 S8300 1. Background The Food and Drug Administration's Outreach and Information Center (O&IC), operated by FDA's Center for Food Safety and Applied Nutrition (CFSAN) is responsible for the Agency’s 1-888-SAFEFOOD Information Line. The Information Line is an important resource that gives American consumers access to the most up-to-date, reliable food safety information. The Information Line was instituted in part to enhance FDA's ability to provide accurate and meaningful information to the public about food safety. In addition to providing food safety information, the Information Line provides assistance with other CFSAN issues including cosmetics, food additives and dietary supplements. Information specialists take calls directly on 1-888-SAFEFOOD from 10 a.m. to 4 p.m. business days. The Information Line handles approximately 5,400 calls a month for consumer and industry inquiries and other sources. Additionally, CFSAN responds to approximately 4,500 e-mail inquiries from both industry and consumers per month, with additional inquiries during outbreaks, crises, and/or emergencies. Currently, CFSAN manually tracks its calls in a separate database. To ensure that the SAFEFOOD Information Line is on the cutting edge of technology, we are submitting this contract to provide for a system upgrade, with state-of-the-art equipment and expanded reporting functions. Upgrade the Avaya system from Release 2.0 to Release 5.0 and install Contact Center Express 4.0 with email and install a compatible Application Enablement Server. This upgrade will greatly enhance CFSAN’s tracking and reporting capabilities as well as increase quality control procedures, including: - The ability to track calls and e-mails through a built-in reporting mechanism; - The ability to customize reports by key words or topics, as well as hold times, dropped calls, hang ups, etc. - Standard call vectoring (queuing and redirecting calls, time of day routing), agent skills, and ACD reporting, including the ability to solicit customer. 2. Scope of Work The currently installed Avaya server is located in a 19-inch rack in the Wiley Building Computer Room at 5100 Paint Branch Parkway, Room BB-001, in College Park, Maryland. The Computer Room is normally maintained at 72 degrees F, and has both a battery UPS system and Diesel Backup power generation for reliable A/C and stable, continuous electrical power. The current Avaya Server also has T-1 lines supplied by Verizon for aggregated inbound and outbound phone operations for 1-888-SAFEFOOD. The current Avaya Server has Ethernet Connectivity to the Client Desktops running in the Outreach and Information Center (O&IC). The Client Desktops and client software in the O&IC are each running at 100 Mbps speed and are running Windows XP. The goal of this contract is to 1) upgrade the current 2.0 software to the Avaya S8300 Communication Manager 5.0; 2) install Contact Center Express 4.0 (CCE) with E-mail; 3) install an Application Enablement Server (AES), and 4) train all agents on the use and capabilities of the new equipment. The scope of services includes the following five tasks: Contract Kickoff Call; Data Gathering/Needs Assessment; Software Installation, Configuration, and Testing; Technical Assistance/Training, and Project Administration. 2.1 Task I – Contract Kickoff Within 5 days of contract award, the Contractor shall schedule a contract kickoff conference call with the FDA COTR to review the scope of work, project schedule, and project contacts. This meeting may include the CFSAN project team, Contracting personnel, etc.) The FDA CFSAN Project Officer/COTR will be the point of contact for overall project management of the technical aspects of the contract from FDA CFSAN’s perspective. A typical kick-off agenda will include the following: - Introductions of Project Team - Project Contact Lists Exchanged - Review Statement of Work - Review and Revise Project Timeline/Schedule - Schedule Data Gathering - Set Time for Weekly Status Calls - The draft timeline/deliverable table that was submitted as part of the Contractor’s quotation will be reviewed collaboratively during the kick-off call and adjusted, if necessary. Deliverables - Kick off call scheduled and conducted within 5 days of award. - Revised timeline and/or work plan to be submitted within 5 days of Kickoff call. No work is to commence on Task 2 until the CFSAN COTR and CO have approved the revised timeline and work plan in writing. Milestones The milestones for the Project Initiation phase include the following: - Kick-off Call Completed - Timeline/Work Plan Finalized. 2.2 Task II - Data Gathering/Needs Assessment The key to a successful implementation is information gathering and planning to ensure that tailoring and configuration of the Avaya software meets CFSAN’s particular needs, both for implementation and subsequent reporting. The needs assessment phase of the contract may involve any combination of the following methods: observing agents as they answer calls currently, interviewing agents regarding their preferences and informational needs with respect to assisting callers, monitoring current practices and procedures for improvement, or other data collection methods. Data gathering sessions may include call center personnel, CCE administrators, CFSAN IT and telecommunications personnel, operations staff, and any other parties within FDA with system design input/authority. If applicable, the CFSAN COTR will ensure availability of and access to Government personnel needed to be interviewed and/or observed during the needs assessment. The CFSAN Project Officer/COTR may participate in any data gathering sessions. The Contractor shall prepare and submit within 30 days post contract kickoff a Needs Assessment Summary document with design and configuration recommendations for the FDA CFSAN Project Team’s review and approval. As a result of the data gathering and needs assessment activities conducted in Task 2, the Contractor shall have sufficient insight into CFSAN-specific needs as to recommend appropriate tailoring and design of the required Contact Center Express applications. For example, the summary report should include recommendations for specific plug-ins to be configured, application template settings, the number of CCE user configurations required, the number of ports and licenses required, and the need for phantom stations. No implementation shall occur until after the COTR’s written approval has been secured. Deliverables The Contractor shall provide a Needs Assessment Summary document for the FDA CFSAN Project Officer/COTR’s approval within 30 days of Kickoff. FDA CFSAN Project Officer will provide feedback and approval of the Needs Assessment Summary document in writing prior to the installation and configuration of Contact Center Express software within 5 business days of receipt. Milestones The milestones for the Project Planning phase include the following: Complete data gathering. Prepare and submit needs assessment summary with implementation recommendations. 2.3 Task III - Software Installation, Configuration, and Testing The Contractor shall provide, install and configure Avaya Release 5.0 and Contact Center Express 4.0 on the FDA server located at College Park, MD. The Contractor shall provide, install, and configure any Service Packs and Hot Fixes for Contact Center Express released as of the installation date. The Contractor shall be responsible for providing the CCE software installation media and documentation to FDA Project Officer. Server Software Contact Center Express Components At a minimum, the contractor shall provide, install and configure the following Contact Center Express Components on the aforementioned FDA server located in College Park, MD: License Director Application Management Services XML Server Configuration Server & Configuration Manager Contact Database & Contact Manager Media Director Email Media Store Media Proxy Contact Center Express Desktop Supervisor Contact Center Express Reporting MS CRM Connector Agent Wallboard Third Party Pre-requisite Software The Contractor shall provide, install, and configure the third party pre-requisite software checked below: Application Enablement Services client software Microsoft.NET Framework 2.0 Developer Applications The Contractor shall install and configure the Contact Center Express applications checked below: Developer Additional Requirements The Contractor is responsible for obtaining all required licenses to operate the CCE and for ensuring that those licenses are in the Government’s name. The Contractor is responsible for submitting the completed license request form to ccelicensereq@avaya.com at least three (3) business days prior to the completion of installation. Once obtained, the Contractor is responsible for providing the license keys to FDA CFSAN Project Officer. The Contractor shall configure application template for each of the following applications: Contact Center Express Desktop The Contractor shall configure up to twenty (20) CCE user configurations and up to five (5) Media Director queue(s) for distribution to up to five (5) skill(s). The Contractor shall create the ActiveContact database on the CCE application or database server. The Contractor shall load one (1) file containing directory information. The Contractor shall provide FDA CFSAN Project Officer with a spreadsheet to enter directory information within six weeks of contract award. FDA CFSAN Project Officer is responsible for supplying the vendor with the requested directory information within eight weeks of receipt of the spreadsheet. Inbound Email addresses must be POP3. Outbound emails such as auto responses or replies from agents are delivered via SMTP The Contractor shall install and configure Supervisor on three desktops as specified by the Project Officer/COTR. The Contractor shall install and configure the Contact Center Express Reporting component on five (5) desktops as specified by the FDA CFSAN Project Officer, including the sample reports provided on the CCE DVD. Deliverables - Installation and configuration of all required CCE components. - Spreadsheet template for CFSAN to enter directory information. - All licenses and relevant documentation. Completed Post-Implementation Testing Checklist submitted to FDA CFSAN COTR upon completion. - Provision of documentation summarizing the CCE Configuration settings for the solution provided to FDA CFSAN Project Officer. Milestones The milestones for the Project Execution phase include the following: - Software installation complete - Software configuration complete - Testing complete and accepted as indicated by COTR-signed Post-Implementation Testing Checklist 2.4 Task IV - Technical Assistance/Training Agent Training Upon completion of the installation, configuration, and testing of all CCE components, the Contractor shall provide on-site training of all call center agents at CFSAN’s College Park campus. At least 5 business days prior to the training, the Contractor will provide the COTR with an agenda for the training, training objectives, and links to the Avaya User Guides for the selected desktop applications to the FDA CFSAN Project Officer/COTR. CCE administrator training shall be provided separately to up to five training participants. The Contractor shall also provide one (1) day of on-site cutover and/or first day of business support at the FDA CFSAN College Park, Maryland location. FDA CFSAN will provide a training room equipped with projection capabilities and desktops to accommodate the number of trainees for all training sessions. Post-launch Support The Contractor will provide up to forty (40) hours of support following the first day of business to assist agents as they adjust to the requirements of their new system. Because CFSAN’s call center agents supply consumers and industry with food borne illness outbreak and food recall information, overnight and/or trouble shooting support may be necessary in the event of a serious foodborne illness outbreak or large-scale recall effort. Contact information shall be provided to the CFSAN COTR for telephone consultations during emergency situations which occur during non-business hours. These consultations will be counted towards the 40 hours of support. Deliverables - A minimum of 2 days of on-site training for call center agents (i.e., two separate 8 hour training days) - A minimum of 4 hours of CCE Administrator training to the system administrator(s). - On-site cutover and/or first day of business support at the FDA CFSAN College Park, Maryland location. - Warranty of a minimum of one-year and software upgrade and patches after completion of the installation. - Up to forty (40) hours of on-site or telephone support following the first day of business but prior to the contract end date. Milestones The milestones for this task include the following: Agent training complete CCE Administrator training complete First Day of Business Complete 2.5 Task V - Project Administration The Contractor will report weekly progress to the FDA CFSAN Project Team during weekly conference calls with the CFSAN COTR and other Project Team staff, as necessary. Written progress reports will be submitted to the COTR within 48 hours of each conference call in format to be determined at the Contract Kickoff. Five days prior to contract completion (exclusive of the 1 year warranty and upgrades/patches availability), the Contractor shall provide a Final Report to include an Exit Checklist to ensure customer satisfaction. Deliverables - Weekly conference calls and written progress reports. - Final Report with Exit Checklist to be submitted five days prior to contract end. Milestones The milestones for the Project Execution phase include the following: - Project completed as indicated by signed Exit Checklist - Final report submitted. 3.0 The total period of performance of this contract is 6 months after award. 4.0Installation location is: 5100 Paint Branch Parkway, College Park, MD The following 508 standards are applicable: 1194.21 Software Applications and Operating Systems II.Submission All responses to this solicitation are due on or before September 11, 2009 at 4:00 PM Eastern Time. Please send response electronically via email directly to the U.S. Food and Drug Administration, Office of Acquisitions and Grant Services, Division of IT Acquisitions, Danielle Peña, Contract Specialist at danielle.pena@fda.hhs.gov. (a) By submission of a quotation on electronic media, the offeror certifies that the submission is readable on the hardware and software operating system format specified in this solicitation, and has been verified as free of computer viruses. Prior to any evaluation, the Government will check all files for viruses and ensure that all information is readable. In the event that any files are defective (unreadable), the Government may only evaluate the readable electronic files. However, if the defective (unreadable) media renders a significant deficiency in the offeror's quotation, the government may consider the quotation incomplete and not further consider such quotations for evaluation. (b) By submission the Offeror certifies that: (1)The electronic files of its offer submitted in response to the solicitation have been verified as readable on the hardware and software operating system format specified as follows: Microsoft Operating System 95 or compatible, Microsoft Office 2000, and/or Graphic Files may be in TIF, JPEG, or BMP format. (2)The electronic files of its offer submitted in response to the solicitation have been verified as free of computer viruses using the following software: Norton Anti-virus or comparable commercial software. (c) A quotation that fails to conform to the requirements of paragraphs (a) and (b) above may be subject to interception or delay at Governmental electronic communications portals. This interception or delay may result in the quotation being lost, deleted, destroyed, or forwarded in such a manner that the quotation arrives at the target destination past the time and date of the deadline for submission established in the solicitation. In the event that a quotation is lost, deleted, or destroyed due to the offeror's failure to conform to the requirements of paragraphs (a) and (b) above, such quotation will be considered to have never been delivered to the Government. In the event that a quotation is delayed due to the offeror's failure to conform to the requirements of paragraphs (a) and (b) above, the quotation will be treated as late in accordance with the provision of this solicitation entitled Late Submissions, Modifications, and Withdrawals of Quotations. (d) Offerors will not submit quotations via any other mechanism including but not limited to post, courier, fax or orally unless specifically requested and or authorized by the Contracting Officer. By submitting a response, the vendor will be self-certifying that neither the requestor nor the principal corporate officials and owners are currently suspended, debarred, or otherwise ineligible to receive contracts from any Federal Agency. Failure to do so may represent grounds for refusing to accept the quotation. III.Provisions and Clauses The following provisions and clauses are hereby incorporated by reference: 52.212-1, Instructions to Offerors – Commercial Items (JUN 2008) applies to this solicitation as well as the additional instructions provided below. 52.212-2 Evaluation – Commercial Items (JAN 1999) (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following technical factors shall be used to evaluate offers and are listed in descending order of importance: •Technical Approach and Project Timeline •Management Approach •Relevant Experience •Past Performance Technical evaluation factors, when combined, are significantly more important when compared to price. (b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (c) Quotations will be evaluated adjectivally and categorized as Excellent, Highly Acceptable, Acceptable, Minimally Acceptable or Unacceptable. While price is not a weighted factor, the importance of price will increase with the degree of equality of the quotations. This is a best value evaluation in that award will not be automatically made to the offeror proposing the lowest price or to the offeror receiving the highest rating. (d) The Government reserves the right to make an award based on initial quotations received, thus offerors should ensure that their quotations represent their best offer. 1.Instructions for the Preparation of Technical Quotations and Evaluation Criteria Criterion #1 Technical Approach Instructions: With regards to Technical Approach, Offerors shall submit information which demonstrates that the technical solution meets or exceeds the technical requirements of the RFQ. Please provide the following: 1) a narrative that demonstrates, by task, your company’s technical understanding of the scope of work, including the technical capabilities, resources, and skills necessary to complete the project; 2) a comprehensive timeline depicting all phases of the project from Kick Off to Completion; and 3) an assessment of any risks or challenges that the Offeror can identify as potential challenges to the project’s timely completion. Evaluation Criterion: Technical Approach and Project Timeline •The offeror clearly and concisely explains its approach to performing each task listed with the scope of work of this RFP, e.g, the offeror’s quotation clearly describes the methodology for developing a needs assessment and gathering data to appropriately tailor the Avaya software to CFSAN’s needs. •The offeror provides a Post-Implementation Testing Checklist which demonstrates a clear understanding of the factors necessary to prove system functionality and acceptability of the upgrade to the Government. •The approach and proposed timeline/deliverable table clearly demonstrates an understanding of the effort to be performed. •The offeror provides a detailed timeline that is consistent with CFSAN’s goals, deadlines, and requirements, and the proposed timeline clearly depicts how all tasks will be completed within six months of award or earlier. •The offeror demonstrates troubleshooting capabilities and proposes solutions to mitigate potential risks and/or challenges to completion of the project. The technical quotation will be evaluated to determine whether the proposed technical solution meets or exceeds all of the requirements of the SOW. Quotations that demonstrate full compliance with the technical requirements will receive the highest ratings. Criterion #2: Management Approach Instructions: The offeror shall provide a brief narrative describing their project organization structure, how they propose to manage the tasks contained within the scope of work, their approach to client communication and collaboration, and the rationale for their approach. The narrative shall identify key personnel, their role in the project, and their qualifications. It shall also include a description of any relevant methodology, performance measures, or management tools that are used to ensure quality and timely deliverables. Evaluation Criterion: Management Approach •The offeror clearly describes the adequacy and feasibility of their project plans to address all items in the SOW, including detailed description of specific tasks to be performed, methods and resources to be used •The offeror provides well qualified candidates with relevant work experience and training as key personnel for the contract. Criterion #3: Relevant Experience Instructions: The offeror shall provide information about three projects that are most similar to this effort in terms of type, scope, complexity, and size. The offeror shall describe their experience, identifying other organizations in which they have performed similar tasks including the degree of their involvement, the size of the organization, and other information to describe their experience and performance in the subject areas. Projects listed may include those entered into by the Federal Government, agencies of state and local governments, and commercial customers. In addition to the narrative, for each project identified above, the offeror shall provide the following information: •Name of contracting activity (Federal Government agency, local government, commercial customer) •Contract number •Contract type •Total contract value •Contract work (description of experience, degree of involvement, size of the organization, etc.) •Contracting Officer contact information (phone, fax, email) •Project Officer/Contracting Officer’s Technical Representative contact information (name, phone, fax, email) Evaluation Criterion: Offerors that demonstrate relevant experience, in terms of type, scope, complexity and size, on all three projects will receive the highest rating in this area. Criterion #4: Past Performance Instructions: The offeror shall submit the following documentation: •References (name, title, e-mail, telephone number) for each of the three projects listed under Relevant Experience. •If extraordinary problems impacted any of the referenced contracts, provide a short explanation and the corrective action taken. •Describe any quality awards or certifications that indicate exceptional capacity to provide the service or product described in the statement of work. Evaluation Criterion: For the purposes of this solicitation, past performance shall be defined as the offeror’s record of conforming to specifications and to standards of quality service. Evaluation of past performance will be based on performance documentation or any other pertinent information available. It may not be based solely on information provided by the offeror. The government is seeking to determine whether an offeror has consistently demonstrated a strong commitment to customer satisfaction and high performance of services. This is a matter of judgment. The government will assess the relative risks associated with each offeror and the firms which make up its subcontractor team. Performance risks are those associated with an offeror’s likelihood of success in performing the acquisition requirements as indicated by that offeror’s record of past performance. Ratings of positive, neutral and negative will be given. A rating of positive past performance will take precedence over neutral or negative past performance ratings. Neutral past performance takes precedence over a negative past performance rating. In cases where (i) an offeror lacks relevant performance history; (ii) information on performance is not available; or (iii) an offeror is a member of a class of offerors where there is provision not to rate the class against a subfactor; then the offeror will not be evaluated favorably or unfavorably on performance and shall receive a neutral rating. An exception to this neutral rating provision: the non-small businesses prime with no history of subcontracting with small business concerns. Prior to assigning a "neutral" past performance rating, the Contracting Officer may take into account a broad range of information related to an offeror's performance. 2. Instructions for providing supporting information: The Firm Fixed Price proposed for this effort shall be supported by a breakdown of the price elements. The breakdown by price element shall include the labor categories, the fully loaded labor rates, the estimated LOE (in hours) per labor category/per task, any materials and or supplies to be acquired specifically to support this requirement, and any travel costs. The offeror may include a narrative discussing any assumptions relied upon in arriving at the firm-fixed price. 52.212-3, Offeror Representations and Certifications—Commercial Items (AUG 2009) applies to this solicitation and can be done electronically at http://orca.bpn.gov. The contracting officer will review the Contractor’s online certifications at http://orca.bpn.gov to ensure that they are accurate and complete. If the Contractor does not have active representations and certifications registered online they will be disqualified from being considered for award. 52.212-4, Commercial Contract Terms and Conditions – Commercial Items (MAR 2009) applies to this solicitation. 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items (AUG 2009) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). ___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (MAR 2009) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) (4) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Mar 2009) (Pub. L. 111-5). (8)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644). (10) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)). (18) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)). (19) 52.222-3, Convict Labor (June 2003) (E.O. 11755). (22) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (23) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212). (24) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793). (25) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212). (26) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201). (34) 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). (39) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003) (31 U.S.C. 3332). (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: N/A (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 (Dec 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (ii) 52.219-8, Utilization of Small Business Concerns (May 2004) (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 $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) [Reserved] (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793). (vii) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201). (viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). (ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). ___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.). (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.). (xii) 52.222-54, Employment Eligibility Verification (JAN 2009). (xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xiv) 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) IV.Government Point of Contact, Danielle Peña, Contract Specialist, 301.443.5860 V.Questions must to be submitted via email to danielle.pena@fda.hhs.gov and will be accepted until September 9, 2009 at 9 A.M. Eastern Time. Questions will be answered via amendment to this synopsis/solicitation. Offerors are responsible for monitoring this synopsis/solicitation for any amendments.
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