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FBO DAILY - FEDBIZOPPS ISSUE OF MAY 04, 2013 FBO #4179
SOLICITATION NOTICE

66 -- TM-3000 Hitachi Tabletop Scannng Electron Microscope (SEM for the FDA

Notice Date

5/2/2013
 

Notice Type

Combined Synopsis/Solicitation
 

NAICS

334516 — Analytical Laboratory Instrument Manufacturing
 

Contracting Office

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

ZIP Code

20857-0001
 

Solicitation Number

1117449
 

Point of Contact

Mary Rose A. Nicol, Phone: 3018277183
 

E-Mail Address

MaryRose.Nicol@fda.hhs.gov
(MaryRose.Nicol@fda.hhs.gov)
 

Small Business Set-Aside

N/A
 

Description

This is a Combined Synopsis/Solicitation for Commercial Items prepared in accordance with the format in FAR Subpart 12.6-Sreamlined Procedures for Evaluation and Solicitation for Commercial Items-As Supplemented with additional information included in this notice. This announcement constitutes the only solicitation; Proposals are being requested, and a written solicitation document will not be issued. This solicitation is in accordance with FAR Clause 52.211-6 Brand Name or Equal for One (1) TM-3000 Hitachi Tabletop Scanning Electron Microscope (SEM) with the terms and conditions set forth in PART 3. This solicitation is a Request for Quotes (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 05-59. The North American Industry System (NAICS) Code is 334516 Analytical Laboratory Instrument Manufacturing. This is a RFP for laboratory equipment. This will be a single award contract. PART 2: DESCRIPTION OF EQUIPMENT/PRICING 2.1 Background: The United States Food and Drug Administration (FDA), Office of Regulatory Affairs (ORA) ‘S Pacific Regional Laboratory-Southwest (PRL-SW) protects consumers by ensuring the safety and efficiency of food, pharmaceuticals (drugs), medical devices, cosmetics. PRLSW's Chemistry Branch analyzes hundreds of food samples and consumer complaint sample annually for the presence of filth and foreign material. 2.2 Contract Type: The government anticipates a Firm Fixed Price Type contract. 2.3 Pricing Schedule CLIN Model Number Item Description Total Price 0001 TM-3000 Hitachi Tabletop Scanning Electron Microscope (SEM) Note: Total Price (Include a 2 year Warranty that covers parts, labor and travel) tiny_mce_marker______________ PART 3 DESCRIPTIONS: 3.1 Objective: FDA/ORA/PRL-SW Laboratory performs regulatory testing of food samples and consumer complaint samples. Tests include viewing and identification of filth and foreign materials(s). The purpose of purchasing a Scanning Electron Microscope (SEM), along with specific accessories, is to perform definitive reviewing and accurate identification of filth and foreign material (s). The Contractor shall provide... A (Minimum Salient Characteristics) All of the following are minimum requirements. Equivalent requirements that differ from these minimum requirements must be justified by the proposing vendor and evaluated the Government. **Offerors shall address each of the salient characteristics in order to be considered** 3.2. General The contractor shall supply FDA/ORA/PRL-SW Laboratory with one Desktop/Bench top/Tabletop Scanning Electron Microscope (SEM), along with specific accessories, which meets the following specifications: 1. The Scanning Electron Microscope (SEM) shall include the following: a. Tabletop Microscope b. Capable of at least 30,000x magnification c. Acceleration Voltage 5kv, 15kV with variable current adjustment d. Must handle sample sizes up to 70mm (W) x 50mm (H) e. Minimum X/Y traverse of 35x35mm f. Automatic gun alignment g. Backscattered Electron detector h. High vacuum and low vacuum modes i. Produces jpeg and tiff image formats 2. The X/Y Motorized Stage w/Color location display shall include the Following capabilities: a. Minimum 55x55mm Traverse b. Current location visible on color display screen c. Must handle sample sizes up to 63mm (W) x 68mm (D) x 53mm (H) 3. The tilt and rotation adapter for the motorized stage shall include the following capabilities: a. Rotates 360˚ in either direction b. Tilt 0-90˚ in 1˚increment movements c. Max sample size: With 20mm stub: 20mm (W) x 10mm (H) With 25mm stub: 25mm (W) x 8mm (H 4. The measurement software shall include the following: a. Fast measurement throughput b. Area measurement tools c. Caliper tool d. Measurement label and lines tied together e. PDF export f. Horizontal and Vertical position g. Extension lines on measurement h. Micron marker function i. Rotation of drawing elements j. Spreadsheet grid for measurement results/Excel export. 5. The 3D viewing software shall have the following capabilities: a. Provides 3-D View b. Allows Rotation or Zooming in of Three-dimensional image by mouse Control c. Three-dimensional image is available without tilting a sample. d. Allows Measurement of Distance in height between 2 points and simple surface e. Provides Measurement of Roughness from sectional profile f. Allows Three-dimensional image screen to be recorded in animation file (AVI). 6. Computer System Requirements are: a. At least 1 Gigabyte (GB) of random access memory (RAM). b. Hard disk greater than 120 GB c. At least 19-inch flat screen monitor, keyboard, mouse, and printer. d. Windows based Operating System e. At least 4 USB Ports. f. Contains at least one drive capable of backing up data to recordable Compact Disc (CD) or Digital Versatile Disc (DVD). 7. Installation Requirements are: a. Installation to be scheduled within 1 week of receipt of instrument. b. System calibration to be performed at installation. c. Installation, operation, and performance qualification to be performed on the entire system. 8. Warranty Requirements are: a. A minimum of two year parts, labor, and travel warranty 9. Training to be provided: a. A minimum of one full day of familiarization training shall be scheduled within 1 week of installation and successful qualification of the instrument. b. Shall include training on basic, periodic maintenance, cleaning, and installation of short life parts (i.e. filaments). 3.4 Warranty The Warranty includes all parts and labor and travel for two years as noted in the pricing schedule. 3.5 Period of Performance 3.5.1 Equipment delivery shall be 90 days from date of award. Food and Drug Administration/PRL-SW Office of Regulatory Affairs (ORA)'s Pacific Regional Laboratory Southwest 19701 Fairchild Irvine, CA 92612 3.5.2 Delivery during Federal Holidays or Federal Closures as determined by Executive Orders or opm.gov. Federal holidays are as follows: New Year's Day Birthday of Martin Luther King, Jr. Washington's Birthday Memorial Day Independence Day Labor Day Columbus Day Veteran's Day Thanksgiving Day Christmas Day PART 4: PACKING AND MARKING 4.1 All deliverables required under this contract shall be in accordance with FAR Part 52.212-4 (see Part 9). PART5: INSPECTION AND ACCEPTANCE The Contracting Officer's Representative (COR) will perform inspection and acceptance of materials and services to be provided. 5.1. For the purpose of this PART, (COR - to be determined upon contract award) is the authorized representative of the Contracting Officer. 5.2. Inspection and acceptance will be performed at: the location identified in 3.4. Acceptance is communicated in writing unless otherwise indicated in writing by the Contracting Officer or COR within 30 days of receipt. 5.3. System installation by authorized service engineer at FDA site. The installer of the laboratory instrument shall test the equipment to ensure that it is fully functional before FDA accepts the delivery. 5.4. 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. 5.5. Contracting Officer Responsibilities 5.5.1. The Contracting Officer (CO) is the only person with authority to act as agent of the Government under this contract. Only the CO has authority to: (1) direct or negotiate any changes in the RFP; (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. PART 6: DELIVERABLES 6.1 The Contractor shall deliver and install (IQ/OQ) Scanning Electron Microscope (SEM), along with specific accessories, that meets the above specifications, including equipment, software, essential documents and licenses. The contactor shall provide installation of CD and /or DVD. Also, the contractor shall provide system management and user manua1 (s) in electronic and paper form and shall perform initial configuration of the system. Delivery of Scanning Electron Microscope (SEM), along with specific accessories shall be 90 days from the contractor award date. PART 7: CONTRACT ADMINISTRATION CONTRACTING OFFICERS REPRESENTATIVE (COR) 7.1. The following COR will represent the Government for the purpose of this contract: (To be determined upon contract award) 7.1.1. 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. 7.1.2. 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. 7.1.3. The contact information for the Contracting Officer: Mary Rose A. Nicol Maryrose.nicol@fda.hhs.gov 301-827-7183 PART 8: SPECIAL INTRUCTIONS 8.1. HHSAR CLAUSES INCORPORATED BY REFERENCE This contract incorporates one or more clauses by reference, noted in Title 48, Federal Acquisition Regulations System, 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://farsite.hill.af.mil/VFHHSARA.HTM. HHSAR Clause Description Date 352.202-1 Definitions (Jan 2006) 352.203-70 Anti-lobbying (Jan 2006) 352.215-70 Late proposals and revisions (Jan 2006) 352.223-70 Safety and health (Jan 2006) 352.224-70 Privacy Act (Jan 2006) 352.228-7 Insurance--Liability to third persons (Dec 1991) 352.233-71 Litigation and claims (Jan 2006) 352.242-73 Withholding of contract payments (Jan 2006) 352.242-71 Tobacco-free Facilities (Jan 2006) 352.242-74 Final decisions on audit findings (Apr 1984) 352.270-1 Accessibility of meetings, conferences, (Jan 2001) and seminars to persons with disabilities 8.2 INVOICING INSTRUCTIONS The Contractor shall submit invoices to the Contract Specialist and the Project Officer concurrently, via email. To constitute a proper invoice, the invoice must be submitted on company letterhead and include: 1. Name and address of the Contractor 2. Invoice date and invoice number 3. Purchase order number 4. Description, Quantity, Unit of Measure, Unit Price, and Extended Price of supplies delivered 5. Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading 6. Terms of any discount for prompt payment offered 7. Name and address of official to whom payment is to be sent (Must be the same as that in the purchase order or in a proper notice of assignment) 8. Name, title, and phone number of person to notify in event of defective invoice 9. Taxpayer identification number 10. Electronic Funds Transfer (EFT) banking information 11. Name and telephone number of the FDA COR referenced on the purchase order 12. Any other information or documentation required by the purchase order An electronic invoice is acceptable if submitted in adobe acrobat (PDF) format. All items listed in 1-12 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. Questions relating to when payment will be received should be directed to the FDA payment office at 301-827-3742. PART 9: PROVISIONS AND CLAUSES 52.217-7 Option for Increased Quantity (Mar 1989) The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor prior to the contract expiration date. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree. 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 any time prior to contract expiration. 52.252-2 Clauses Incorporated by Reference 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 52.212-4 Contract Terms and Conditions - (FEB 2012) Commercial Items 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (May 2012) (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: _x_ (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 (Apr 2010) (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 (June 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 (Feb 2012) (Pub. L. 109-282) (31 U.S.C. 6101 note). __ (5) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (Jul 2010) (Pub. L. 111-5). __ (6) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Dec 2010) (31 U.S.C. 6101 note). __ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Feb 2012) (41 U.S.C. 2313). __ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161). __ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). __ (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). __ (11) [Reserved] __ (12)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644). __ (ii) Alternate I (Nov 2011). __ (iii) Alternate II (Nov 2011). __ (13)(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. __ (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)). __ (15)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637(d)(4)). __ (ii) Alternate I (Oct 2001) of 52.219-9. __ (iii) Alternate II (Oct 2001) of 52.219-9. __ (iv) Alternate III (Jul 2010) of 52.219-9. __ (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)). __ (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). __ (18) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). __ (19)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). __ (ii) Alternate I (June 2003) of 52.219-23. __ (20) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). __ (21) 52.219-26, Small Disadvantaged Business Participation Program- Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). __ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f). __ (23) 52.219-28, Post Award Small Business Program Representation (Apr 2012) (15 U.S.C. 632(a)(2)). __ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2012) (15 U.S.C. 637(m)). __ (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2012) (15 U.S.C. 637(m)). __ (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755). __ (27) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Mar 2012) (E.O. 13126). _x_ (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). _x_ (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). _x_ (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212). _x_ (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). __ (32) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212). __ (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). __ (34) 52.222-54, Employment Eligibility Verification (JAN 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) __ (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) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b). __ (37)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423). __ (ii) Alternate I (DEC 2007) of 52.223-16. _x_ (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513). __ (39) 52.225-1, Buy American Act-Supplies (Feb 2009) (41 U.S.C. 10a-10d). _X (40)(i) 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act (May 2012) (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, and 112-42). __ (ii) Alternate I (Mar 2012) of 52.225-3. __ (iii) Alternate II (Mar 2012) of 52.225-3. __ (iv) Alternate III (Mar 2012) of 52.225-3. __ (41) 52.225-5, Trade Agreements (MAY 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). __ (42) 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). __ (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). __ (45) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). __ (46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). _x_ (47) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003) (31 U.S.C. 3332). __ (48) 52.232-34, Payment by Electronic Funds Transfer-Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332). __ (49) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332). __ (50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ (51)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). __ (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: __ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). __ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 351, et seq.). __ (6) 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.). __ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). __ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) [Reserved] (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). (vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (viii) 52.222-41, Service Contract 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. PART 10: ATTACHMENTS Reserved PART 11: INSTRUCTIONS TO OFFERORS 11.1 FAR provisions Incorporated by Reference This contract incorporates one or more 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. Also, the full text of a clause may be accessed electronically at: www.acquisition.gov/far/index.html: FAR Clause Description Date 52.212-1 Instructions to Offerors - (FEB 2012) Commercial Items An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete and submit only paragraphs (c) through (m) of this provision. FAR Clause Description Date 52.212-3 Offeror Representations (APR 2012) And Certifications- Commercial Items. 11.2 Quote Preparation Instructions: 11.2.2 Cover page: The cover letter shall include price (s); FOB point; a poc (name and telephone number); a statement from the offeror verifying that they are CCR Registered under NAICS code 334516; delivery date (delivery date is of the utmost importance); business size; and payment terms. Offerors shall ensure the RFQ number is visible in the header of the email. FAX QUOTES SHALL NOT BE ACCEPTED. 11.2.3 Quote Format: 11.2.4 Price  The Offeror shall submit a complete pricing matrix for a firm fixed price as indicated in PART 2, 2.3. 11.2.5 RESPONSE DATES QUESTIONS DEADLINE: All questions shall be submitted via email maryrose.nicol@fda.hhs.gov before 4:30 pm (1630) EASTERN TIME on 9 Mayl 2013. RFQ Due Date: All quotes and revisions shall be submitted via email maryrose.nicol@fda.hhs.gov before 12:00 PM (1630) Eastern Time on 14 May 2013. The FDA is seeking to determine whether the Quoter has consistently demonstrated a commitment to customer satisfaction and timely delivery of services at fair and reasonable prices through an assessment of the Quote's quality of product/service, cost control, business relations, and customer satisfaction. Quote's with consistently poor past performance will be considered to have failed this criteria. Quote's will be given an opportunity to address unfavorable reports of past performance, and the Quote's response, or lack thereof, will be taken into consideration. In investigating the Quote's past performance, the Government will consider references submitted by the Quote and mayconsider information from other sources. RISK RATING GUIDELINES The following ratings will be used to determine the past performance risk rating. Rating Definition High Performance record(s) identify a preponderance of negative reports of past performance. Medium Performance record(s) identify a combination of positive and negative reports of past performance. Low Performance record(s) identify a preponderance of positive reports of past performance. Neutral Little or no relevant performance record identifiable; equates to an unknown risk rating having no positive or negative evaluation significance. PART 12 EVALUATION AWARD CRITERIA: Award is based on lowest price which is technically acceptable. In order to be deemed technically acceptable, product and warranties shall meet all salient characteristics.
 

Web Link

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Record

SN03051253-W 20130504/130502234821-20e104ebfc8f32f7f99c8ef17d299320 (fbodaily.com)
 

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