FBODaily.com | FedBizOpps: PRESOL | J | Preventive Maintenance and Repair Service - Edstrom Watchdog V5 EMS System

FBO DAILY - FEDBIZOPPS ISSUE OF AUGUST 25, 2016 FBO #5389
SOLICITATION NOTICE

J -- Preventive Maintenance and Repair Service - Edstrom Watchdog V5 EMS System

Notice Date: 8/23/2016
Notice Type: Combined Synopsis/Solicitation
NAICS: 339999 — All Other Miscellaneous Manufacturing
Contracting Office: Department of Health and Human Services, Food and Drug Administration, Office of Acquisitions and Grants Services - Jefferson, 3900 NCTR Road, HFT-320, Bldg 50 | Rm 421, Jefferson, Arkansas, 72079, United States
ZIP Code: 72079
Solicitation Number: FDA_16_223_1155597
Archive Date: 9/13/2016
Point of Contact: Timothy A. Walbert, Phone: 8705437267
E-Mail Address: timothy.walbert@fda.hhs.gov
(timothy.walbert@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 Federal Acquisition Regulation (FAR) format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested herein and a written solicitation will not be issued. This solicitation is being issued in conjunction with FAR Part 13.106. The solicitation number is FDA 16-223-1155597 and is issued as a Request for Quote (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-89 dated August 15, 2016. The associated North American Industry Classification System (NAICS) code for this acquisition is 339999 (All Other Miscellaneous Manufacturing); applicable Small Business Size Standard is 500 employees. This requirement is solicited as a Total Small Business Set-Aside. Respondents are responsible for delivery in person, by e-mail, fax, mail or other delivery method of complete proposals to the Point of Contact (POC) listed immediately below. Responses shall reference solicitation number FDA 16-223-1155597, and shall be received on or before Monday, August 29, 2016 by no later than 4:30 pm Central Daylight Time in Jefferson, Arkansas. Questions and requests for information regarding this solicitation should also be directed to: Tim Walbert Contract Specialist U.S. Food and Drug Administration (FDA) National Center for Toxicological Research (NCTR) 3900 NCTR Road | HFT-320 Bldg 50, Rm 426 | Jefferson, AR 72079 o. 870.543.7267 | f. 870.543.7990 A. Background and General Requirement The Food & Drug Administration (FDA) Division of Veterinary Services (DVS) operates within the Center for Biologics Evaluation and Research (CBER) Animal Program located in Silver Spring, MD. Researchers there depend on a variety of systems, including an Edstrom Watchdog V5 Environmental Monitoring System (EMS), which ensures and protects the continued health of the thousands of animals required for their studies. The Edstrom Watchdog V5 EMS is an automated water delivery and environmental quality monitoring system which provides ample potable water to the animals. This requirement is for a base one-year period and three (3) optional one-year periods of Preventive Maintenance and Repair Service for the Edstrom Watchdog V5 EMS currently operated at the CBER Animal Care facility. The system was last covered under FDA contract HHSF223201110348P from April 1, 2011 through March 31, 2015. Offerors are afforded the opportunity to inspect the system by contacting the Contract Specialist identified herein to schedule an appointment. Failure to inspect the systems will not relieve the successful offeror from fully meeting the requirements of the resulting contract at the price offered. B. Minimum Preventive Maintenance (PM) and Repair Service Requirements Preventive Maintenance and Repair Service for an Edstrom Watchdog V5 EMS configured with the following components as follows, including quantities which are indicated in parentheses: Server, HP ML350 QUAD Core G, Serial Number 175775 (1); Monitor, printer and UPS back-up power supply (1 each); Environmental Sentry Panel (2); Sensor Module 4 (25); Air Flow Module - ESP/Pulse (23); Differential Pressure Module - ESP/Pulse (23); Automated Watering System Controller (2); Advanced Alarm Relay - AAR (1). Minimum technical requirements for the base period and each option year period shall include: 1.Unlimited repair service visits within 24 hours of notification (for issues that can't be resolved remotely via phone or Internet), Mondays-Fridays (excluding Federal Holidays) between the hours of 7:00 AM-5:00 PM Eastern Time (ET); 2.Two scheduled on-site preventive maintenance (PM) visits, consisting of one (1) annual service visit and one (1) interim service visit, per contract year; 3.Performance by formally trained and certified technicians/engineers; all repairs and PM services shall be performed according to OEM specifications, manuals, and service bulletins, using OEM replacement parts, components, subassemblies, etc.; 4.27/7 telephone support; 5.All labor, travel, replacement parts, components, subassemblies, etc. on covered components. 6.Unlimited software and firmware updates; 7.Records and Reports - the Contractor shall, commensurate with the completion of each service call (inclusive of warranty service), provide the end-user of the equipment with a copy of a field service report/ticket identifying the equipment name, manufacturer, model number, and serial number of the equipment being serviced/repaired and detailing the reason for the service call, a detailed description of the work performed, the test instruments or other equipment used to affect the repair or otherwise perform the service, the name(s) and contact information of the technician who performed the repair/service, and for information purposes, the on-site hours expended and parts/components replaced. In addition, the Contractor shall provide a written report to the FDA COR and Contract Specialist, summarizing all maintenance and repair activities (including warranty work) each time service and/or repair is performed. Item #1 Base Period - Preventive Maintenance and Repair Service Edstrom Watchdog V5 EMS as configured and meeting the minimum requirements set forth in Section B above: Estimated Period of Performance: August 26, 2016 through August 25, 2017 Quantity: 12 Unit: Month Monthly Unit Price: ______________________ Annual Price: ______________________ GSA Contract Number: __________________ (if applicable) Item #2 (1st Option Period) Preventive Maintenance and Repair Service Edstrom Watchdog V5 EMS as configured and meeting the minimum requirements set forth in Section B above: Estimated Period of Performance: August 26, 2017 through August 25, 2018 Quantity: 12 Unit: Month Monthly Unit Price: ______________________ Annual Price: ______________________ GSA Contract Number: __________________ (if applicable) Item #3 (2nd Option Period) Preventive Maintenance and Repair Service Edstrom Watchdog V5 EMS as configured and meeting the minimum requirements set forth in Section B above: Estimated Period of Performance: August 26, 2018 through August 25, 2019 Quantity: 12 Unit: Month Monthly Unit Price: ______________________ Annual Price: ______________________ GSA Contract Number: __________________ (if applicable) Item #4 (3rd Option Period) Preventive Maintenance and Repair Service Edstrom Watchdog V5 EMS as configured and meeting the minimum requirements set forth in Section B above: Estimated Period of Performance: August 26, 2019 through August 25, 2020 Quantity: 12 Unit: Month Monthly Unit Price: ______________________ Annual Price: ______________________ GSA Contract Number: __________________ (if applicable) TOTAL PRICE, ITEMS 1 through 4:______________________________________ PRICE QUOTES SHALL BE FOB DESTINATION AND MUST BE INCLUSIVE OF SHIPPING, HANDLING, DELIVERY, INSTALLATION, AND TRAINING Contract Type - Commercial Item - Firm fixed price Place of Performance/Ship to address: U.S. Food and Drug Administration Center for Biologics Evaluation and Research (CBER) Division of Veterinary Services, Building 66 10903 New Hampshire Avenue Silver Spring, MD 20993-0002 Point of Contact (POC): (To be provided at time of award) It is the offeror's responsibility to monitor the Government Point of Entry (GPE) FedBizOpps for information relevant to this solicitation, e.g., questions and answers, amendments, etc. An official authorized to bind the Offeror must sign the terms and conditions of the offer. Offerors that fail to complete the required representations and certifications, or reject the terms and conditions of the solicitation, may be excluded from consideration. The price(s) proposed shall represent the offeror's response to the schedule of supplies/services above. The following FAR and HHSAR clauses, incorporated by reference herein, apply to this acquisition. The full text of these clauses can be obtained at: http://www.acquisition.gov/far/ and http://www.hhs.gov/hhsar/. Contract Clauses HHSAR Clauses 352.222-70 Contractor Cooperation in Equal Employment Opportunity Investigations (DEC 2015) 352.223-70 Safety and Health (DEC 2015) FAR Clauses The clause at FAR 52.212-4, Contract Terms and Conditions-Commercial Items (May 2015), applies to this acquisition. The following FAR 52.212-4 addenda apply: The supplies and/or services delivered hereunder shall be inspected and accepted at destination by the contracting officer / representative (COR) specified at award. If the supplies or services are acceptable, the COR shall promptly forward a report of inspection and acceptance to the paying office. If the supplies or services are not acceptable, the COR shall document the nonconforming items/services and immediately notify the contracting officer. No advance payment will be made under the resulting order/contract. Partial payments will not be made. Payment terms are net 30 days from the Government's receipt and acceptance of the supplies and/or services. Payments shall not be made more frequently than monthly in arrears. FAR Clause 52.217-9, Option to Extend the Term of the Contract (Mar 2000). (a) "...within one (1) calendar day of contract expiration...at least 15 calendar days..." (b) "...shall not exceed four (4) years." FAR Clause 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) FAR Clause 52.232-40, Providing Accelerated Payment to Small Business Subcontractors (Dec 2013) 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 statement of work; (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. The Contracting Officer for this order is (to be completed at time of award): Name: Phone: Email: The Contracting Officer's Representative (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. The COR for this order is (to be completed at time of award): Name: Phone: Email: Invoice Submission A. The contractor shall submit one (1) original invoice (or electronic invoice) to the addresses designated in the contract to receive invoices. (Addresses will be provided at time of award) B. Invoices submitted under this contract must comply with the requirements set forth in FAR Clauses 52.232-25 (Prompt Payment) and 52.232-33 (Payment by Electronic Funds Transfer - Central Contractor Registration) and/or other applicable FAR clauses specified herein. To constitute a proper invoice, the invoice must be submitted on company letterhead and include each of the following: (I) Name and address of the contractor; (ii) Invoice date and invoice number; (iii) Purchase order/award number; (iv) Description, quantity, unit of measure, unit price, and extended price supplies delivered or services performed, including: (a) period of performance for which costs are claimed; (b) itemized travel costs, including origin and destination; (c) any other supporting information necessary to clarify questionable expenditures; (v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on government bill of lading; (vi) Terms of any discount for prompt payment offered; (vii) Name and address of official to whom payment is to be sent (must be the same as that in the purchase order/award, or in a proper notice of assignment); (viii) Name, title, and phone number of person to notify in event of defective invoice; (ix) Taxpayer identification number (TIN); (x) Electronic funds transfer (EFT) banking information, including routing transit number of the financial institution receiving payment and the number of the account into which funds are to be deposited; (xi) Name and telephone number of the FDA Contracting Officer Representative (COR) or other program center/office point of contact, as referenced on the purchase order; (xii) Any other information or documentation required by the purchase order/award. (xiii) Contractor is not required to attach an invoice log addendum to each invoice which shall include, at a minimum, the following information for contract administration and reconciliation purposes: (a) list of all invoices submitted to date under the subject award, including the following: (1) invoice number, amount, & date submitted (2) corresponding payment amount & date received (b) total amount of all payments received to date under the subject contract or order (c) and, for definitized contracts or orders only, total estimated amounts yet to be invoiced for the current, active period of performance C. An electronic invoice is acceptable if submitted in adobe acrobat (PDF) format. All items listed in (i) through (xii) of this clause must be included in the electronic invoice. Electronic invoices must be on company letterhead and must contain no ink changes and be legible for printing. D. Questions relating to when payment will be received shall be directed to the FDA payment office at nctrinvoices@fda.hhs.gov or (870) 543-7446 or (870) 543-7042. 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Jun 2016) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) (2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). __ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)). __ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) X_(4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note). __ (5) [Reserved]. __ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). __ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). _X_(8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note). ___(9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). ___(10) [Reserved]. ___(11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). __ (ii) Alternate I (Nov 2011) of 52.219-3. ___(12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). __ (ii) Alternate I (Jan 2011) of 52.219-4. ___(13) [Reserved] _X_(14)(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). __ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). __(ii) Alternate I (Oct 1995) of 52.219-7. __(iii) Alternate II (Mar 2004) of 52.219-7. __ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)). __ (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637(d)(4)). __ (ii) Alternate I (Oct 2001) of 52.219-9. __ (iii) Alternate II (Oct 2001) of 52.219-9. __ (iv) Alternate III (Oct 2015) of 52.219-9. __ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)). __ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). ___(20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). __ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f). X (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)). __ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)). __ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)). X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). X (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2016) (E.O. 13126). X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). X (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246). __ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212). X (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). ___(31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). ___(32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). X _(33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). __ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). __ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (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.) X__(36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693). X__(37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693). X (38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514). __ (ii) Alternate I (Oct 2015) of 52.223-13. __ (39)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-14. __ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). ___(41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-16. X (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513). X (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693). X (44) 52.223-21, Foams (Jun 2016) (E.O. 13693). __ (45) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83). X (46)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43. __ (ii) Alternate I (May 2014) of 52.225-3. X (iii) Alternate II (May 2014) of 52.225-3. __ (iv) Alternate III (May 2014) of 52.225-3. __ (47) 52.225-5, Trade Agreements (Feb 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). X (48) 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). __(49) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). __(50) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __(51) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). __(52) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). __(53) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). X (54) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) (31 U.S.C. 3332). __(55) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). __ (56) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). __ (57) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ (58)(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) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495). __ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67). __ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). __ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). ___(5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). X (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67). __ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67). __ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Mar 2016). __ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). __ (10) 52.237-11, Accepting and Dispensing of $1 Coin (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 (Oct 2015) (41 U.S.C. 3509). (ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17. (iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246). (vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). (vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (viii) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212) (ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (x) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67). (xi)__(A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627). __(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627). (xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67). (xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67). (xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989). (xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Mar 2016). (xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xviii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. Solicitation Provisions The following FAR and HHSAR provisions, incorporated by reference herein, apply to this acquisition. The full text of these clauses can be obtained at: http://www.acquisition.gov/far/ and http://www.hhs.gov/hhsar/. HHSAR Provision 352.239-73 Electronic and Information Technology Accessibility Notice (DEC 2015) FAR 52.204-7 System for Award Management (Jul 2013) The provision at FAR 52.212-1 Instructions to Offerors - Commercial Items (Oct 2015) applies to this solicitation. The following FAR 52.212-1 addenda apply: Paragraph (b)(4). Offerors shall describe their technical approach, to include depth of the preventive maintenance and repair services proposed, in sufficient detail such that the Government can conclusively determine that the proposed approach will meet or exceed the requirements herein. Paragraph (b)(10). Recent is defined as within the last 3 years. Relevant contracts for the same or similar items from the same manufacturer identified herein. Paragraph (k). To be considered for award an offeror shall be registered and active in SAM by the date and time set forth for receipt of quotes/proposals. The provision at FAR 52.212-2 Evaluation-Commercial Items (Oct 2014) is applicable to this solicitation. The following subparagraph (a) factors apply: (i)Technical Capability (see FAR Provision 52.212-1 (b)(4) and addenda thereto) (ii)Past Performance (see FAR Provision 52.212-1 (b)(10) and addenda thereto) (iii)Price Technical Capability (i.e., how well the proposed approach will meet or exceed the Government's requirements) and past performance (i.e., when, what, and how well), when combined, are relatively equal in value and collectively more important than price in determining the best value to the government, although price remains a significant consideration. (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). The Provision at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items (Nov 2015), applies to this acquisition: The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website accessed through http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) of this provision. This solicitation is being issued under the premise that the offeror will certify that the combination of equipment maintenance/service it will propose to fulfill this requirement is exempt from the Service Contract Act per the conditions set forth in FAR 52.222-48 & FAR 22.1003-4(c). If the Contractor certifies that the company is exempt under the terms and conditions of 52.222-48, then clause 52.222-51 will be applicable to the resulting order. In the event that a contractor does not make this certification, the traditional Service Contract Act clauses 52.222-41, and 52.222-43 shall be included in the resulting order award as well as Wage Determination WD 15-2103 (Rev.-2), 01/05/2016, and can be found at the following link: http://www.wdol.gov/wdol/scafiles/std/15-2103.txt?v=2 FAR Clause 52.222-48 Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Certification applies to this solicitation: (a) The offeror shall check the following certification: CERTIFICATION The offeror [ ] does [ ] does not certify that- (1) The items of equipment to be serviced under this contract are used regularly for other than Government purposes, and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontractor) in substantial quantities to the general public in the course of normal business operations; (2) The services will be furnished at prices which are, or are based on, established catalog or market prices for the maintenance, calibration, or repair of equipment. (i) An "established catalog price" is a price included in a catalog, price list, schedule, or other form that is regularly maintained by the manufacturer or the offeror, is either published or otherwise available for inspection by customers, and states prices at which sales currently, or were last, made to a significant number of buyers constituting the general public. (ii) An "established market price" is a current price, established in the usual course of trade between buyers and sellers free to bargain, which can be substantiated from sources independent of the manufacturer or offeror; and (3) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract are the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. (b) Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services. If the offeror certifies to the conditions in paragraph (a) of this provision, and the Contracting Officer determines in accordance with FAR 22.1003-4(c)(3) that the Service Contract Act- (1) Will not apply to this offeror, then the Service Contract Act of 1965 clause in this solicitation will not be included in any resultant contract to this offeror; or (2) Will apply to this offeror, then the clause at 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements, in this solicitation will not be included in any resultant contract awarded to this offeror, and the offeror may be provided an opportunity to submit a new offer on that basis. (c) If the offeror does not certify to the conditions in paragraph (a) of this provision- (1) The clause in this solicitation at 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements, will not be included in any resultant contract awarded to this offeror; and (2) The offeror shall notify the Contracting Officer as soon as possible, if the Contracting Officer did not attach a Service Contract Act wage determination to the solicitation. (d) The Contracting Officer may not make an award to the offeror, if the offeror fails to execute the certification in paragraph (a) of this provision or to contact the Contracting Officer as required in paragraph (c) of this provision.
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