FBODaily.com | FedBizOpps: PRESOL | 65 | Government's intent to solicit, negotiate and award a quote mark Brand Name quote mark (FAR 52.211-6) Blanket Purchase Agreement to FORTEC MEDICAL, INC. This requirement is for the rental of BPH lasers and fibers.

FBO DAILY - FEDBIZOPPS ISSUE OF JUNE 26, 2013 FBO #4232
SOLICITATION NOTICE

65 -- Government's intent to solicit, negotiate and award a quote mark Brand Name quote mark (FAR 52.211-6) Blanket Purchase Agreement to FORTEC MEDICAL, INC. This requirement is for the rental of BPH lasers and fibers.

Notice Date: 6/24/2013
Notice Type: Combined Synopsis/Solicitation
NAICS: 541990 — All Other Professional, Scientific, and Technical Services
Contracting Office: Medcom Contracting Center North Atlantic, ATTN: MCAA NA Bldg T20, 6900 Georgia Avenue NW, Washington, DC 20307-5000
ZIP Code: 20307-5000
Solicitation Number: W91YTZ-13-T-0388
Response Due: 7/24/2013
Archive Date: 8/23/2013
Point of Contact: mary.a.martin, 910-643-2119
E-Mail Address: Medcom Contracting Center North Atlantic
(mary.a.mitchellmartin.civ@mail.mil)
Small Business Set-Aside: N/A
Description: W91YTZ-13-T-0388 Combined Synopsis/Solicitation This is a notice of the Government's intent to solicit, negotiate and award a quote mark Brand Name quote mark (FAR 52.211-6) Blanket Purchase Agreement to FORTEC MEDICAL, INC. This requirement is for the rental of BPH lasers and fibers such as Evolve 120, Evolve 180, AMS HPS, AMS XPS, Lumenis 100 Watt PowerSuite Holmium:YAG, Storz Cysto Setup w/30 telescope, and Holmium laser fibers SU365, SU550, SU1000, MoXy 10-2400, and XPS 10-0210 to be used by the Department of Surgery/Operating Room located at Womack Army Medical Center (WAMC), 2817 Reilly Road, Fort Bragg, NC 28310. Contractor, will place BPH Lasers at the facility on rental basis and will also Supply Disposables and Technician Services that work with the above stated lasers. The proposed contract action is for supplies for which the Government intends to solicit and negotiate with only one source under the authority of FAR 6.302. Interested persons may identify their interest and capability to respond to the requirement or submit proposals. All proposals received after the date of publication of this synopsis will be considered by the Government. A determination by the Government not to compete with this proposed contract based upon responses to this notice is solely within the discretion of the Government. Information received will normally be considered solely for the purpose of determining whether to conduct a competitive procurement. The resulting award will be made on DD Form 1155, Order for Supplies or Services. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued. All responses must be received by 24 July, 2013. This is solicitation number W91YTZ-13-T-0388. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-58. The Standard Industrial Classification Code is 7389, size standard is $14.0 M and the NAICS code of 541990. This requirement is for Four Years (1 Aug 2013 - 30 Jul 2017). The Government anticipates awarding a single quote mark Brand Name or Equal quote mark award for this requirement. This requirement is for of BPH lasers and fibers such as quote mark Name Brand quote mark Evolve 120, Evolve 180, AMS HPS, AMS XPS, Lumenis 100 Watt PowerSuite Holmium:YAG, Storz Cysto Setup w/30 telescope, and Holmium laser fibers SU365, SU550, SU1000, MoXy 10-2400, and XPS 10-0210 to be used by the Department of Surgery/Operating Room located at Womack Army Medical Center (WAMC), 2817 Reilly Road, Fort Bragg, NC 28310 as outlined in the Performance Work Statement (PWS). The contract will be invoiced and paid using Government Purchase Card (GPC). Instructions for invoice submission will be incorporated into the contract. Clauses and provisions throughout this solicitation can be viewed by accessing website www.farsight.hill.af.mil and https://acquisiton.gov/far. Delivery: Within 48 hours non-emergency/ 24 hours emergency, after receipt of order. Shipping shall be FOB destination to Womack Army Medical Center, Fort Bragg, NC 28310. FAR provision 52.212-1 [Instructions to Offerors Commercial] applies to this acquisition to include the following addenda: All offerors are cautioned that if selected for award, they must be registered with the System for Award Management (SAM) program. The SAM can be accessed via the internet at www.sam.gov. Confirmation of SAM registration will be validated prior to awarding a contract. Line Item Number 0001 Period of Performance (1 Aug 2013 - 30 Jul 2017) BPH Laser Rental Quantity Description of Product 1BPH Laser Rental The contractor shall provide for rental of BPH lasers and fibers such as quote mark Name Brand quote mark Evolve 120, Evolve 180, AMS HPS, AMS XPS, Lumenis 100 Watt PowerSuite Holmium:YAG, Storz Cysto Setup w/30 telescope, and Holmium laser fibers SU365, SU550, SU1000, MoXy 10-2400, and XPS 10-0210 to be used by the Department of Surgery/Operating Room as outlined in the Performance Work Statement (PWS) for the period 1 Aug 2013 - 30 Jul 2017. Attach Price List For Equipment and Supplies. Extended Amount $____________________ Line Item Number 0002 Period of Performance (1 Aug 2013 - 30 Jul 2017) CONTRACT MANPOWER REPORTING Quantity Description of Product 1 Per YearCONTRACT MANPOWER REPORTING The Contractor is required to enter data into the Contractor Manpower Reporting (CMR) system as defined in the Performance Work Statement (PWS). NOTE: If the reporting of Manpower Equivalents is not separately priced, insert quote mark NSP quote mark in the blank shown. Reporting shall be for the period of performance not to exceed 12 months ending 30 September of each government fiscal year and must be reported by October 31 of each calendar year. Unit Price $______________Total Extended Amount $____________________ Provide your Company's Dunn and Bradstreet number (DUNS); CAGE code; tax ID number; number of days to deliver, along with your Published Price list, by item number, for evaluation purposes. Responses are to be emailed to Mary Martin mary.a.mitchellmartin.civ@mail.mil no later than 24 July, 2013 1:00 PM EST. The following provisions in their latest editions apply to this solicitation. FAR Clauses and provisions can be viewed at http://www.farsite.hil.af.mil and https://www.acquisition.gov Vendors shall include a completed copy of FAR provision 52.212-3 Offeror Representations and Certifications with their offer. Offerors shall include a confirmation of receipt of any amendments to this solicitation. Failure to submit a confirmation could result in the offer being determined non- responsive. Clause 52-212-4 Contract Terms and Conditions-Commercial items, applies to this acquisition to include any applicable addenda. 52.212-4 - CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (FEB 2012) Addendum to 52.212-4 (u) The non-FAR Part 12 discretionary FAR, DFAR, AFARS, and LOCAL clauses included herein are incorporated into this contract either by reference or in full text. If incorporated by reference, see clause 52.252-2 for locations where full text can be found. 52.204-10 Reporting Executive Compensation and First Tier Subcontract Awards (AUG 2012) 52.209-6 Protecting the governments Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment (DEC 2010) 52.222-3 Convict Labor (JUN 2003) 52.222-21 Prohibition of Segregated Facilities (FEB 1999) 52.222-26 Equal Opportunity (MAR 2007) (EEO) 52.222-36 Affirmative Action for Workers With Disabilities (OCT 2010) 52.222-43 Fair Labor Standards Act and Service Contract Act (SEP 2009) 52.222-50 Combating Trafficking In Persons (AUG 2007) 52.222-51 Exemption From application of The service Contract act to Contracts for maintenance, Calibration, or Repair of Certain Equipment- Requirements (NOV 2007) 52.223-18 Encouraging Contractor policies to ban text messaging while driving (AUG 2011) 52.225-13 Restrictions on certain foreign purchases (JUN 2008) 52.232-18 Availability of Funds (APR 1984) 52.232-36 Payment by Third Party (GPC) (FEB 2010) 52.233-3 Protest After Award (AUG 1996) 52.233-4, Applicable law for breach of contract claim (OCT 2004) 252.203-7000 Requirements Relating to Compensation of Former DOD Officials (SEP 2011) 252.203-7002 Requirement to Inform Employees of Whistleblower Rights (JAN 2009) 252-204-7000 Disclosure of Information (DEC 1991) 252.204-7003 Control of Government Personnel work Product (APR 1992) 252.232.7003 Electronic Submission of Payment Requests and Receiving Reports (MAR 2008) 252.232-7010 Levies on Contract payments (DEC 2006) CLAUSES INCORPORATED IN FULL TEXT 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (APR 2012) (a) Definitions. As used in this clause-- Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority. Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity. (b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall represent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following: (1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract. (2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract. (3) For long-term contracts-- (i) Within 60 to 120 days prior to the end of the fifth year of the contract; and (ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter. (c) The Contractor shall re-represent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards. (d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees. (e) Except as provided in paragraph (g) of this clause, the Contractor shall make the rerepresentation required by paragraph (b) of this clause by validating or updating all its representations in the Online Representations and Certifications Application and its data in the Central Contractor Registration, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update. (f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause. (g) If the Contractor does not have representations and certifications in ORCA, or does not have a representation in ORCA for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed: The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code - assigned to contract number. (Contractor to sign and date and insert authorized signer's name and title). (End of clause) 52.222-17 Nondisplacement of Qualified Workers. (JAN 2013) (a) Service employee, as used in this clause, means any person engaged in the performance of a service contract other than any person employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in 29 CFR part 541. The term ``service employee'' includes all such persons regardless of any contractual relationship that may be alleged to exist between a contractor or subcontractor and such persons. (b) The Contractor and its subcontractors shall, except as otherwise provided herein, in good faith offer those service employees employed under the predecessor contract whose employment will be terminated as a result of award of this contract or the expiration of the contract under which the service employees were hired, a right of first refusal of employment under this contract in positions for which the service employees are qualified. (1) The Contractor and its subcontractors shall determine the number of service employees necessary for efficient performance of this contract and may elect to employ fewer employees than the predecessor Contractor employed in connection with performance of the work. (2) Except as provided in paragraph (c) of this clause, there shall be no employment opening under this contract, and the Contractor and any subcontractors shall not offer employment under this contract, to any person prior to having complied fully with this obligation. (i) The successor Contractor and its subcontractors shall make a bona fide express offer of employment to each service employee as provided herein and shall state the time within which the service employee must accept such offer, but in no case shall the period within which the service employee must accept the offer of employment be less than 10 days. (ii) The successor Contractor and its subcontractors shall decide any question concerning a service employee's qualifications based upon the individual's education and employment history, with particular emphasis on the employee's experience on the predecessor contract, and the Contractor may utilize employment screening processes only when such processes are provided for by the contracting agency, are conditions of the service contract, and are consistent with Executive Order 13495. (iii) Where the successor Contractor does not initially offer employment to all the predecessor contract service employees, the obligation to offer employment shall continue for 90 days after the successor contractor's first date of performance on the contract. (iv) An offer of employment will be presumed to be bona fide even if it is not for a position similar to the one the employee previously held, but is one for which the employee is qualified, and even if it is subject to different employment terms and conditions, including changes to pay or benefits. (See 29 CFR 9.12 for a detailed description of a bonafide offer of employment). (c)(1) Notwithstanding the obligation under paragraph (b) of this clause, the successor Contractor and any subcontractors (i) may employ under this contract any service employee who has worked for the contractor or subcontractor for at least three months immediately preceding the commencement of this contract and who would otherwise face lay-off or discharge, (ii) are not required to offer a right of first refusal to any service employee(s) of the predecessor contractor who are not service employees within the meaning of the Service Contract Act, 41 U.S.C. 6701(3), and (iii) are not required to offer a right of first refusal to any service employee(s) of the predecessor contractor whom the Contractor or any of its subcontractors reasonably believes, based on the particular service employee's past performance, has failed to perform suitably on the job (see 29 CFR 9.12(c)(4) for additional information). The successor Contractor bears the responsibility of demonstrating the appropriateness of claiming any of these exceptions. (2) In addition, any Contractor or subcontractor that has been certified by the U.S. Small Business Administration as a HUBZone small business concern must ensure that it complies with the statutory and regulatory requirements of the HUBZone Program (e.g., it must ensure that at least 35 percent of all of its employees reside within a HUBZone). The HUBZone small business Contractor or subcontractor must consider whether it can meet the requirements of this clause and Executive Order 13495 while also ensuring it meets the HUBZone Program's requirements. (3) Nothing in this clause shall be construed to permit a Contractor or subcontractor to fail to comply with any provision of any other Executive order or law. For example, the requirements of the HUBZone Program (see FAR subpart 19.13), Executive Order 11246 (Equal Employment Opportunity), and the Vietnam Era Veterans' Readjustment Assistance Act of 1974 may conflict, in certain circumstances, with the requirements of Executive Order 13495. All applicable laws and Executive orders must be satisfied in tandem with, and if necessary prior to, the requirements of Executive Order 13495, 29 CFR part 9, and this clause. (d)(1) The Contractor shall, not less than 30 days before completion of the Contractor's performance of services on the contract, furnish the Contracting Officer with a certified list of the names of all service employees working under this contract and its subcontracts at the time the list is submitted. The list shall also contain anniversary dates of employment of each service employee under this contract and its predecessor contracts with either the current or predecessor contractors or their subcontractors. Where changes to the workforce are made after the submission of the certified list described in this paragraph, the Contractor shall, in accordance with paragraph (e) of this clause, not less than 10 days before completion of the services on this contract, furnish the Contracting Officer with an updated certified list of the names of all service employees employed within the last month of contract performance. The updated list shall also contain anniversary dates of employment, and, where applicable, dates of separation of each service employee under the contract and its predecessor contracts with either the current or predecessor Contractors or their subcontractors. (2) Immediately upon receipt of the certified service employee list but not before contract award, the contracting officer shall provide the certified service employee list to the successor contractor, and, if requested, to employees of the predecessor contractor or subcontractors or their authorized representatives. (3) The Contracting Officer will direct the predecessor Contractor to provide written notice (Appendix B to 29 CFR chapter 9) to service employees of their possible right to an offer of employment with the successor contractor. Where a significant portion of the predecessor Contractor's workforce is not fluent in English, the notice shall be provided in English and the language(s) with which service employees are more familiar. The written notice shall be- (i) Posted in a conspicuous place at the worksite; or (ii) Delivered to the service employees individually. If such delivery is via email, the notification must result in an electronic delivery receipt or some other reliable confirmation that the intended recipient received the notice. (e)(1) If required in accordance with 52.222-41(n), the predecessor Contractor shall, not less than 10 days before completion of this contract, furnish the Contracting Officer a certified list of the names of all service employees working under this contract and its subcontracts during the last month of contract performance. The list shall also contain anniversary dates of employment of each service employee under this contract and its predecessor contracts either with the current or predecessor Contractors or their subcontractors. If there are no changes to the workforce before the predecessor contract is completed, then the predecessor Contractor is not required to submit a revised list 10 days prior to completion of performance and the requirements of 52.222-41(n) are met. When there are changes to the workforce after submission of the 30-day list, the predecessor Contractor shall submit a revised certified list not less than 10 days prior to performance completion. (2) Immediately upon receipt of the certified service employee list but not before contract award, the contracting officer shall provide the certified service employee list to the successor contractor, and, if requested, to employees of the predecessor contractor or subcontractors or their authorized representatives. (f) The Contractor and subcontractor shall maintain the following records (regardless of format, e.g., paper or electronic) of its compliance with this clause for not less than a period of three years from the date the records were created. (1) Copies of any written offers of employment or a contemporaneous written record of any oral offers of employment, including the date, location, and attendance roster of any service employee meeting(s) at which the offers were extended, a summary of each meeting, a copy of any written notice that may have been distributed, and the names of the service employees from the predecessor contract to whom an offer was made. (2) A copy of any record that forms the basis for any exemption claimed under this part. (3) A copy of the service employee list provided to or received from the contracting agency. (4) An entry on the pay records of the amount of any retroactive payment of wages or compensation under the supervision of the Administrator of the Wage and Hour Division to each service employee, the period covered by such payment, and the date of payment, and a copy of any receipt form provided by or authorized by the Wage and Hour Division. The Contractor shall also deliver a copy of the receipt to the service employee and file the original, as evidence of payment by the Contractor and receipt by the service employee, with the Administrator or an authorized representative within 10 days after payment is made. (g) Disputes concerning the requirements of this clause shall not be subject to the general disputes clause (52.233-1) of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR part 9. Disputes within the meaning of this clause include disputes between or among any of the following: The Contractor, the contracting agency, the U.S. Department of Labor, and the service employees under the contract or its predecessor contract. The Contracting Officer will refer any service employee who wishes to file a complaint, or ask questions concerning this contract clause, to the: Branch of Government Contracts Enforcement, Wage and Hour Division, U.S. Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210. Contact email: displaced@dol.gov. (h) The Contractor shall cooperate in any review or investigation by the Department of Labor into possible violations of the provisions of this clause and shall make such records requested by such official(s) available for inspection, copying, or transcription upon request. (i) If it is determined, pursuant to regulations issued by the Secretary of Labor (Secretary), that the Contractor or its subcontractors are not in compliance with the requirements of this clause or any regulation or order of the Secretary, appropriate sanctions may be imposed and remedies invoked against the Contractor or its subcontractors, as provided in Executive Order 13495, the regulations, and relevant orders of the Secretary, or as otherwise provided by law. (j) The Contractor shall take such action with respect to any such subcontract as may be directed by the Secretary of Labor as a means of enforcing such provisions, including the imposition of sanctions for noncompliance. However, if the Contractor, as a result of such direction, becomes involved in litigation with a subcontractor, or is threatened with such involvement, the Contractor may request that the United States, through the Secretary, enter into such litigation to protect the interests of the United States. (k) The Contracting Officer will withhold, or cause to be withheld, from the prime Contractor under this or any other Government contract with the same prime Contractor, such sums as an authorized official of the Department of Labor requests, upon a determination by the Administrator, the Administrative Law Judge, or the Administrative Review Board, that there has been a failure to comply with the terms of this clause and that wages lost as a result of the violations are due to service employees or that other monetary relief is appropriate. If the Contracting Officer or the Administrator, upon final order of the Secretary, finds that the Contractor has failed to provide a list of the names of service employees working under the contract, the Contracting Officer may, in his or her discretion, or upon request by the Administrator, take such action as may be necessary to cause the suspension of the payment of contract funds until such time as the list is provided to the Contracting Officer. (l) Subcontracts. In every subcontract over the simplified acquisition threshold entered into in order to perform services under this contract, the Contractor shall include a provision that ensures- (1) That each subcontractor will honor the requirements of paragraphs (b) through (c) of this clause with respect to the service employees of a predecessor subcontractor or subcontractors working under this contract, as well as of a predecessor Contractor and its subcontractors; (2) That the subcontractor will provide the Contractor with the information about the service employees of the subcontractor needed by the Contractor to comply with paragraphs (d) and (e) of this clause; and (3) The recordkeeping requirements of paragraph (f) of this clause. (End of clause) 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): www.acquisition.gov/far www.farsite.hill.af.mil (End of clause) 52.252-6 Authorized Deviations in Clauses (APR 1984) (a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of quote mark (DEVIATION) quote mark after the date of the clause. (b) The use in this solicitation or contract of any DoD FAR Supplement (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of quote mark (DEVIATION) quote mark after the name of the regulation. (End of clause) 252.204-7008 EXPORT-CONTROLLED ITEMS (APR 2010) (a) Definition. Export-controlled items, as used in this clause, means items subject to the Export Administration Regulations (EAR) (15 CFR parts 730-774) or the International Traffic in Arms Regulations (ITAR) (22 CFR parts 120-130). The term includes: (1) Defense items, defined in the Arms Export Control Act, 22 U.S.C. 2778(j)(4)(A), as defense articles, defense services, and related technical data, and further defined in the ITAR, 22 CFR part 120. (2) Items, defined in the EAR as ``commodities, software, and technology,'' terms that are also defined in the EAR, 15 CFR 772.1. (b) The Contractor shall comply with all applicable laws and regulations regarding export-controlled items, including, but not limited to, the requirement for Contractors to register with the Department of State in accordance with the ITAR. The Contractor shall consult with the Department of State regarding any questions relating to compliance with the ITAR and shall consult with the Department of Commerce regarding any questions relating to compliance with the EAR. (c) The Contractor's responsibility to comply with all applicable laws and regulations regarding export-controlled items exists independent of, and is not established or limited by, the information provided by this clause. (d) Nothing in the terms of this contract adds to, changes, supersedes, or waives any of the requirements of applicable Federal laws, Executive orders, and regulations, including but not limited to-- (1) The Export Administration Act of 1979, as amended (50 U.S.C. App. 2401, et seq.); (2) The Arms Export Control Act (22 U.S.C. 2751, et seq.); (3) The International Emergency Economic Powers Act (50 U.S.C. 1701, et seq.); (4) The Export Administration Regulations (15 CFR parts 730-774); (5) The International Traffic in Arms Regulations (22 CFR parts 120-130); and (6) Executive Order 13222, as extended. (e) The Contractor shall include the substance of this clause, including this paragraph (e), in all subcontracts. (End of clause) 252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (MAY 2013) (DEVIATION) (a) In addition to the clauses listed in paragraph (b) of the Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items clause of this contract (FAR 52.212-5) (JUL 2010) (DEVIATION), the Contractor shall include the terms of the following clause, if applicable, in subcontracts for commercial items or commercial components, awarded at any tier under this contract: 252.237-7019Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092 of Pub. L. 108-375). 252.247-7003Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (JUL 2009) (Section 884 of Public Law 110-417) 252.247-7023Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631) 252.247-7024Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631) (End of clause) GPC Invoicing: The contract will be invoiced and paid using Government Purchase Card (GPC). Instructions for invoice submission will be incorporated into the contract. The Clause at 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (JAN 2013) (Deviation) applies to this acquisition FAR 52.212-1, Instructions to Offeror-Commercial Items (FEB 2012) applies. ADDENDUM TO 52.212-1 Para (b) Submission of Offers: The following supplements this paragraph with respect to the information and documents required for submission in response to this solicitation. (1)ELECTRONIC OFFERS. Offerors may submit electronic offers in response to this solicitation. The offer must arrive by the time specified in the solicitation to the following email address: mary.a.mitchellmartin.civ@mail.mil (2) The Government will not be responsible for any failure of transmission or receipt of the offer, or any failure of the offeror to verify receipt of the emailed offer. (3) The Government intends to award a firm-fixed price contract. Offerors must quote a firm-fixed price for each Contract Line Item. (4)Any questions with respect to the solicitation shall be submitted in writing to Ms Martin at mary.a.mitchellmartin.civ@mail.mil by 2:00 p.m. EST 17 July, 2013. Telephone calls will not be accepted nor responded to. Responses will be emailed to all interested offerors. (5)The technical information required for evaluation purposes, shall not exceed 10 pages. (6)PROCESS FOR AWARD. Award will be made on a lowest price, technically acceptable basis. Discussions may be conducted whenever the Contracting Officer deems it appropriate. The contract will be awarded strictly in accordance with the criteria and process established in FAR 12. (7) Please completer 52.212-3 ALT I quote mark Offeror Representations and Certifications - Commercial Items quote mark. (8)SUBMISSION OF OFFERS. Please note that your offer must include all of the following information. Submit proposal in three separate parts as follows: PART I:TECHNICAL INFORMATION. The information provided by the offeror will be a significant factor in the Government's determination of technical acceptability. (Refer to Addendum 52.212-2). Technical capability to include product literature, catalog price lists if available; warranty, guarantee, technical specs, and delivery information. PART II: PAST PERFORMANCE. Offeror is required to submit information, on a single page, identifying federal, state and local government and private contracts performed within the past three years, which are similar in scope and complexity to the effort described in this solicitation. If none, offeror should so state and provide information on references. Information provided by the contractor shall state include the following: Name, telephone and fax numbers of a point of contact in the administering contracting office, the award/contract number, the term of the contract (1 year, 2 years etc), and the total quantity furnished annually. PART III: PRICE. If the prices are the same for each contract period, provide one schedule and state that the schedule applies to all contract periods. The information provided in this schedule will be used to assist in the price analysis described in EVALUATION OF THE PROPOSED PRICES, in ADDENDUM TO FAR 52.212-2, EVALUATION - COMMERCIAL ITEMS. (9)Representations and Certifications found at FAR 52.212-3 ALT I and DFAR 252.212-7000 MUST be completed and submitted with the offer. Para (g) Contract award. This is amended to state that the Government may conduct discussions prior to contract award. Para (j) Data Universal Numbering System (DUNS) / CAGE Code. The offeror shall obtain these said Codes and submit them to Contracting Center. Registration in the Central Contractor Registration (CCR), if you are a US firm. Award cannot and shall not be made to an offeror without these codes. Para (n) Bid Preparation Costs. This solicitation does not commit the Government to pay any costs incurred in the submission of an offer, in making any necessary studies for the preparation thereof, or for any visit(s) the Contracting Officer may request for the purpose of clarification of the offer. The Government may reject a proposal if it is found that any information that has a negative impact on the offeror's past performance record has been deleted, misrepresented, or withheld. BASIS FOR AWARD. Award will be made on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost factors. (m) The non-FAR Part 12 discretionary FAR, DFARS, AFARS, and LOCAL provisions included herein are incorporated into this solicitation either by reference or in full text. If incorporated by reference, see provision 52.252-1 herein for locations where full text can be found. (End of Addendum to 52.212-1) CLAUSES INCORPORATED BY REFERENCE FAR 52.211-6 Brand Name or Equal (AUG 1999) FAR 52.225-25 Prohibition on Engaging in Sanctioned Activities Relating to Iran-Certification (NOV 2011) CLAUSES INCORPORATED IN FULL TEXT 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998) for all referenced clauses/provisions, see web site http://www.farite.hill.af.mil or https://www.acquisition.gov FAR 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984) (a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of quote mark (DEVIATION) quote mark after the date of the provision. The use in this solicitation of any DOD FAR Supplement (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of quote mark (DEVIATION) quote mark after the name of the regulation. FAR 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 factors shall be used to evaluate offers: technical, price, and past performance. The award decision will be based on the Lowest Priced, Technically Acceptable offer, with an acceptable record of Past Performance. quote mark Best value is expected to result from selection of the technically acceptable proposal with the lowest evaluated price. quote mark (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) 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. (End of provision) ADDENDUM TO 52.212-2 Paragraph (a) is hereby supplemented with the following: (a). The total evaluated price must be reasonable, and any additional expense must be justified by a corresponding value for technical merit, or an expectation of greater quality of performance. (b). Contractors may not qualify if any of the following are not met: 1. Proposal does not reasonably address the requirements in the request for proposal (RFP). 2.Proposal includes major deficiencies or omissions which discussions could not be expected to cure without a major revision or a new proposal. 3.Proposal is so technically inferior or so out of line in price as compared to other proposals as to preclude it from having a reasonable chance for award. 4. An unrealistically low price, may indicate lack of sound management judgment and lack of understanding of the requirement for the geographic area of service, or unbalanced pricing of line items, as proposed initially or subsequently, may be grounds for eliminating a proposal either on the basis that the offeror does not understand the requirement or has made an imprudent offer. 5. The Government reserves the right to conduct discussions, if necessary. PART I TECHINICAL: Technical capability to include product literature, catalog price lists if available; warranty, guarantee, technical specs, and delivery information. Technical will be evaluated as either Acceptable or Unacceptable. Best value is expected to result from selection of the technically acceptable proposal with the lowest evaluated price. Definitions are as follows: ACCEPTABLE: To be rated acceptable, the offeror's technical proposal must demonstrate it can meet all requirements. UNACCEPTABLE: A technical proposal that fails to demonstrate it can meet one or more requirements will be determined unacceptable. PART II PAST PERFORMANCE Offeror is required to submit information, on a single page, identifying federal, state and local Government and private contracts performed within the past three years, which are similar in scope and complexity to the effort described in this solicitation. If none, offeror should so state and provide information on references. Information provided by the Contractor shall state: The type of service provided with information to verify references: Names; telephone numbers; Points of Contact; amount of contract; and email addresses. Past performance shall be used as an evaluation factor within the LPTA process, unless waived by the PCO in accordance with FAR 15.101- 2(b). It shall be evaluated in accordance with FAR 15.305 and DFARS 215.305. However, the comparative assessment in FAR 15.305(a)(2)(i) does not apply. Therefore, past performance will be rated on an quote mark acceptable quote mark or quote mark unacceptable quote mark basis using the ratings below. Acceptable: Based on the offeror's performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror's performance record is unknown. (See note below.) Unacceptable: Based on the offeror's performance record, the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort. Note: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a)(2)(iv)). Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, quote mark unknown quote mark shall be considered quote mark acceptable. quote mark PART III PRICE: Price will be evaluated separately from Technical and will be evaluated for fairness and reasonability. Offeror shall provide their published price list with their offer. 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (DEC 2012) ALTERNATE I (APR 2011) Vendors shall include a completed copy of FAR provision 52.212-3 Offeror Representations and Certifications with their offer. Offerors shall include a confirmation of receipt of any amendments to this solicitation. Failure to submit a confirmation could result in the offer being determined non- responsive. (End) PERFORMANCE WORK STATEMENT (PWS) Laser Rental The Contractor shall provide supplies, laser operator, equipment and transportation necessary to supply BPH Laser Rentals to include any potential components manufactured and/or distributed by the contractor. Fortec's laser operator will also perform installation and set up, and preventive maintenance verification. Contractor shall deliver the needed BPH lasers and fibers such as Evolve 120, Evolve 180, AMS HPS, AMS XPS, Lumenis 100 Watt PowerSuite Holmium:YAG, Storz Cysto Setup w/30 telescope, and Holmium laser fibers SU365, SU550, SU1000, MoXy 10-2400, and XPS 10-0210 to Client's site not less than 24 hours prior to the first laser procedure, for usage by Client up to the conclusion of the day or part day as agreed to. Client shall afford ForTec not less than 48 hours' telephone notice of the time of the first scheduled procedure. Contractor may remove the laser at the conclusion of the last scheduled surgical procedure. Each of Client and Contractor may, in the event of an emergency, cancel a scheduled day by 24 hours' advance telephone notice to the other. All components of the Lasers shall be Joint Commission (JC) approved and Food and Drug Administration (FDA) approved, if required by the government. The contractor is required to make available the supplies and services at all times; (within 48 hours non-emergency/ 24 hours emergency, after receipt of order). as they are needed for surgeries at the military treatment facility (MTF). The contractor shall bring the equipment in the day before surgery for inspection by Medical Maintenance. 1.Prior to any equipment being placed into operation for an examination, the vendor shall obtain a safety technical inspection from the Equipment Maintenance Section, Directorate of Logistics, Bldg. 4-2817, Womack Army Medical Center, Fort Bragg, NC 28310 2.NOTE: If the equipment requires a verification/calibration, copies of the last service performed will provided to Equipment Maintenance Section. The contractor shall provide a 24-hour per day point of contact by name and telephone number. The contractor shall submit documentation regarding technology advancements, upgrades or substitutions of instruments to the COR. Fort Bragg is a restricted access military installation. Post vehicle registration and decal requirements are no longer required; however, all privately owned vehicles must continue to be licensed, registered, inspected, and insured in accordance with state and local laws. Rental vehicles are considered private owned vehicles for the purposes of installation entry and access. The vehicle rental contract will suffice as proper licensing, registration and insurance for installation access. All vehicles are subject to search. Contract employees may encounter long delays for vehicle inspection and identification checks upon entering and exiting the installation. http://www.bragg.army.mil/psbc-pm/Information/VehicleRegistation.htm On April 6, 2007 Fort Bragg began using RAPIDGate. The RAPIDGate Program is voluntary and uses innovative technology to provide a complete identification and access management solution for Contractors, vendors, suppliers, and service providers who require routine access to the installation. For more information about Eid Passport, the RAPIDGate Program or to enroll the company, please go to www.RAPIDGate.com or call (877) 727-4342. SECURITY- Contractor shall insure that Couriers comply with vehicle operation and operation at the MTF; installation and MTF personnel identification and access requirements; key control; safeguard of government property and information of a confidential or sensitive nature. Couriers must be a US citizen as it is very difficult for a NON US citizen to get access onto Fort Bragg and they should have a background check. Access and General Protection/Security Policy and Procedures. This standard language text is for contractor employees with an area of performance within an Army controlled installation, facility or area. Contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes. Contractor Manpower Reporting (CMR) ACCOUNTING FOR CONTRACT SERVICES-The Office of the Assistant Secretary of the Army (Manpower & Reserve Affairs) operates and maintains a secure Army data collection site where the contractor will report ALL contractor manpower (including subcontractor manpower) required for performance of this contract. The contractor is required to completely fill in all the information in the format using the following web address https://cmra.army.mil/. The required information includes: (1) Contracting Office, Contracting Officer, Contracting Officer's Technical Representative; (2) Contract number, including task and delivery order number; (3) Beginning and ending dates covered by reporting period; (4) Contractor name, address, phone number, e-mail address, identity of contractor employee entering data; (5) Estimated direct labor hours (including sub-contractor); (6) Estimated direct labor dollars paid this reporting period (including sub-contractor); (7) Total payments (including sub-contractor); (8) Predominant Federal Service Code (FSC) reflecting services provided by contractor (and separate predominant FSC for each sub-contractor if different); (9) Organizational title associated with the Unit Identification Code (UIC) for the Army Requiring Activity (the Army Requiring Activity is responsible for providing the contractor with its UIC for the purposes of reporting this information); (10) Locations where contractor and sub-contractors perform the work (specified by zip code in the United States and nearest City, Country, when in an overseas location, using standardized nomenclature provided on website); (11) Presence of deployment or contingency contract language, and, (12) Number of contractor and sub-contractor employees deployed in theater this reporting period (by country). (13) As part of its submission, the contractor will also provide the estimated total cost (if any) incurred to comply with this reporting requirement. Reporting period will be the period of performance not to exceed 12 months ending September 30 of each government fiscal year and must be reported by 31 October of each calendar year. The contractor shall notify the Contracting Officer's Representative (COR) by the 5th working day of November whether or not they have completed this report. If the COR is unavailable, the contractor will notify the Contracting Officer.
Web Link: FBO.gov Permalink
(https://www.fbo.gov/spg/USA/MEDCOM/DADA15/W91YTZ-13-T-0388/listing.html)
Place of Performance: Address: Medcom Contracting Center North Atlantic ATTN: MCXC-CT, 2817 REILLY ROAD FORT BRAGG NC; Zip Code: 28310-7301
Record: SN03098355-W 20130626/130624235050-b310b2be99bed6384515430667461963 (fbodaily.com)
Source: FedBizOpps Link to This Notice
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65 -- Government's intent to solicit, negotiate and award a quote mark Brand Name quote mark (FAR 52.211-6) Blanket Purchase Agreement to FORTEC MEDICAL, INC. This requirement is for the rental of BPH lasers and fibers.