SOLICITATION NOTICE
J -- Hologic, Thin Prep
- Notice Date
- 7/6/2018
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 811219
— Other Electronic and Precision Equipment Repair and Maintenance
- Contracting Office
- Department of the Army, U.S. Army Medical Command, REGIONAL HEALTH CONTRACT OFF CENTRAL, ATTN: MCAA GP L31 9V, 2539 GARDEN AVENUE, JBSA FT SAM HOUSTON, Texas, 78234-0000, United States
- ZIP Code
- 78234-0000
- Solicitation Number
- W81K00-18-Q-0140
- Archive Date
- 7/27/2018
- Point of Contact
- Lisa D. Washington, Phone: 2102213216, Emerita Torres, Phone: 2102215187
- E-Mail Address
-
lisa.d.washington.mil@mail.mil, emerita.torres.civ@mail.mil
(lisa.d.washington.mil@mail.mil, emerita.torres.civ@mail.mil)
- 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 and FAR Part 13 Simplified Acquisition Procedures, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. The solicitation number is W81K00-18-Q-0140 and is issued as a Request for Quote (RFQ). This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-92 and Defense Federal Acquisition Regulation Supplement Publication Notice (DPN) 20161222. This solicitation is for full service maintenance on Hologic, Papanicolaou Smear Monolayer Sample Preparation Systems, Thin Prep 2000. The period of performance is 1 August through 30 September 2018, plus three 12-month options The associated North American Industrial Classification System (NAICS) code for this procurement is 811219, with a size standard of $20,500,000. This procurement is being conducted full and open. All eligible businesses may submit an offer, which will be considered. Quotes are due by 12 July 2018, at 09:00 AM, Central Standard Time. The point of contact is SFC Lisa Washington at lisa.d.washington.mil@mail.mil. Offers shall be submitted via e-mail. Questions shall be submitted via e-mail not later than 11 July 2018. No questions will be entertained after this date. This procurement is being conducted as a commercial item purchase in accordance with FAR Part 12. All responsible sources may submit an offer which will be considered. See addendum 52.212-2 for the evaluating factors. ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT Provide non-personal services. Service agreement on 3 government-owned Hologic, Thin Prep 2000 systems; SN: 06960 & 05605H12D0 & 05607H12D0. In accordance with Performance Work Statement (PWS). See ADDENDUM 52.212-2. CLIN NOMENCLATURE UNIT OF ISSUE QUANTITY PRICING 0001 FULL SERVICE MAINTENANCE, 3EA THIN PREP 2000 MONTHLY 2 $ 0002 CONTRACTOR MANPOWER REPORT ANNUALLY 1 $ 1001 FULL SERVICE MAINTENANCE, 3EA THIN PREP 2000, OPTION YEAR 1 QUARTERLY 4 $ 1002 CONTRACTOR MANPOWER REPORT ANNUALLY 1 $ 2001 FULL SERVICE MAINTENANCE, 3EA THIN PREP 2000, OPTION YER 2 QUARTERLY 4 $ 2002 CONTRACTOR MANPOWER REPORT ANNUALLY 1 $ 3001 FULL SERVICE MAINTENANCE, 3EA THIN PREP 2000, OPTION YEAR 3 QUARTERLY 4 $ 3002 CONTRACTOR MANPOWER REPORT ANNUALLY 1 $ DELIVERY INFORMATION CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC 0001 1 AUG 2018 TO 30 SEP 2018 N/A N/A FOB: Destination W51XTP 0002 1 AUG 2018 TO 30 SEP 2018 N/A N/A FOB: Destination W51XTP 1002 1 OCT 2018 TO 30 SEP 2019 N/A N/A FOB: Destination W51XTP 1002 1 OCT 2018 TO 30 SEP 2019 N/A N/A FOB: Destination W51XTP 2001 1 OCT 2019 TO 30 SEP 2020 N/A N/A FOB: Destination W51XTP 2002 01 OCT 2019 TO 30 SEP 2020 N/A N/A FOB: Destination W51XTP 3001 01 OCT 2020 TO 30 SEP 2021 N/A N/A FOB: Destination W51XTP 3002 01 OCT 2020 TO 30 SEP 2021 N/A N/A FOB: Destination W51XTP CLAUSES INCORPORATED BY REFERENCE 52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017 52.212-4 ADDENDUM (v) The non-FAR Part 12 discretionary FAR, DFARS, 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 herein for locations where full text can be found. CLAUSES INCORPORATED BY REFERENCE 52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment OCT 2015 52.219-6 Notice of Small Business Set-Aside NOV 2011 52.222-3 Convict Labor JUN 2003 52.222-19 Child Labor -- Cooperation with Authorities and Remedies OCT 2016 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.222-26 Equal Opportunity SEP 2016 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-50 Combating Trafficking in Persons 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) MAR 2015 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 52.232-33 Payment by Electronic Funds Transfer--System for Award Management JUL 2013 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors DEC 2013 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 SEP 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports JUN 2012 252.232-7010 Levies on Contract Payments DEC 2006 CLAUSES INCORPORATED BY FULL TEXT 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (NOV 2015) (a) Definitions. As used in this clause-- Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). Subsidiary means an entity in which more than 50 percent of the entity is owned-- (1) Directly by a parent corporation; or (2) Through another subsidiary of a parent corporation. (b) If the contractor reorganizes as an inverted domestic corporation or becomes a subsidiary of an inverted domestic corporation at any time during the period of performance of this contract, the Government may be prohibited from paying for Contractor activities performed after the date when it becomes an inverted domestic corporation or subsidiary. The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause. (c) Exceptions to this prohibition are located at 9.108-2. (d) In the event the Contractor becomes either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation during contract performance, the Contractor shall give written notice to the Contracting Officer within five business days from the date of the inversion event. (End of clause) 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 within 30 Days before contract expires. (End of clause) 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 30 Days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days (60 days unless a different number of days is inserted) before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 48 months. (End of clause) 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JULY 2013) (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, which 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 represent its size status in accordance with the size standard in effect at the time of this representation 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 representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, 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 SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following re-representation and submit it to the contracting office, along with the contract number and the date on which the re-representation was completed: The Contractor represents that it () is, (X) is not a small business concern under NAICS Code 811219- assigned to contract number W81K00-18-Q-0140. (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): HTTP://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 "(DEVIATION)" 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 "(DEVIATION)" after the name of the regulation. (End of clause) 252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION CONTROLS (OCT 2016) (a) Definitions. As used in this provision-- Controlled technical information, covered contractor information system, covered defense information, cyber incident, information system, and technical information are defined in clause 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting. (b) The security requirements required by contract clause 252.204-7012 shall be implemented for all covered defense information on all covered contractor information systems that support the performance of this contract. (c) For covered contractor information systems that are not part of an information technology service or system operated on behalf of the Government (see 252.204-7012(b)(2))-- (1) By submission of this offer, the Offeror represents that it will implement the security requirements specified by National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, ``Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations'' (see http://dx.doi.org/10.6028/NIST.SP.800-171) that are in effect at the time the solicitation is issued or as authorized by the contracting officer not later than December 31, 2017. (2)(i) If the Offeror proposes to vary from any of the security requirements specified by NIST SP 800-171 that are in effect at the time the solicitation is issued or as authorized by the Contracting Officer, the Offeror shall submit to the Contracting Officer, for consideration by the DoD Chief Information Officer (CIO), a written explanation of- (A) Why a particular security requirement is not applicable; or (B) How an alternative but equally effective, security measure is used to compensate for the inability to satisfy a particular requirement and achieve equivalent protection. (ii) An authorized representative of the DoD CIO will adjudicate offeror requests to vary from NIST SP 800-171 requirements in writing prior to contract award. Any accepted variance from NIST SP 800-171 shall be incorporated into the resulting contract. (End of provision) 252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING (OCT 2016) (a) Definitions. As used in this clause-- Adequate security means protective measures that are commensurate with the consequences and probability of loss, misuse, or unauthorized access to, or modification of information. Compromise means disclosure of information to unauthorized persons, or a violation of the security policy of a system, in which unauthorized intentional or unintentional disclosure, modification, destruction, or loss of an object, or the copying of information to unauthorized media may have occurred. Contractor attributional/proprietary information means information that identifies the contractor(s), whether directly or indirectly, by the grouping of information that can be traced back to the contractor(s) (e.g., program description, facility locations), personally identifiable information, as well as trade secrets, commercial or financial information, or other commercially sensitive information that is not customarily shared outside of the company. Controlled technical information means technical information with military or space application that is subject to controls on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination. Controlled technical information would meet the criteria, if disseminated, for distribution statements B through F using the criteria set forth in DoD Instruction 5230.24, Distribution Statements on Technical Documents. The term does not include information that is lawfully publicly available without restrictions. Covered contractor information system means an unclassified information system that is owned, or operated by or for, a contractor and that processes, stores, or transmits covered defense information. Covered defense information means unclassified controlled technical information or other information, as described in the Controlled Unclassified Information (CUI) Registry at http://www.archives.gov/cui/registry/category-list.html, that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and Governmentwide policies, and is-- (1) Marked or otherwise identified in the contract, task order, or delivery order and provided to the contractor by or on behalf of DoD in support of the performance of the contract; or (2) Collected, developed, received, transmitted, used, or stored by or on behalf of the contractor in support of the performance of the contract. Cyber incident means actions taken through the use of computer networks that result in a compromise or an actual or potentially adverse effect on an information system and/or the information residing therein. Forensic analysis means the practice of gathering, retaining, and analyzing computer-related data for investigative purposes in a manner that maintains the integrity of the data. Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information. Malicious software means computer software or firmware intended to perform an unauthorized process that will have adverse impact on the confidentiality, integrity, or availability of an information system. This definition includes a virus, worm, Trojan horse, or other code-based entity that infects a host, as well as spyware and some forms of adware. Media means physical devices or writing surfaces including, but is not limited to, magnetic tapes, optical disks, magnetic disks, large-scale integration memory chips, and printouts onto which covered defense information is recorded, stored, or printed within a covered contractor information system. Operationally critical support means supplies or services designated by the Government as critical for airlift, sealift, intermodal transportation services, or logistical support that is essential to the mobilization, deployment, or sustainment of the Armed Forces in a contingency operation. Rapidly report means within 72 hours of discovery of any cyber incident. Technical information means technical data or computer software, as those terms are defined in the clause at DFARS 252.227-7013, Rights in Technical Data--Noncommercial Items, regardless of whether or not the clause is incorporated in this solicitation or contract. Examples of technical information include research and engineering data, engineering drawings, and associated lists, specifications, standards, process sheets, manuals, technical reports, technical orders, catalog-item identifications, data sets, studies and analyses and related information, and computer software executable code and source code. (b) Adequate security. The Contractor shall provide adequate security on all covered contractor information systems. To provide adequate security, the Contractor shall implement, at a minimum, the following information security protections: (1) For covered contractor information systems that are part of an information technology (IT) service or system operated on behalf of the Government, the following security requirements apply: (i) Cloud computing services shall be subject to the security requirements specified in the clause 252.239-7010, Cloud Computing Services, of this contract. (ii) Any other such IT service or system (i.e., other than cloud computing) shall be subject to the security requirements specified elsewhere in this contract. (2) For covered contractor information systems that are not part of an IT service or system operated on behalf of the Government and therefore are not subject to the security requirement specified at paragraph (b)(1) of this clause, the following security requirements apply: (i) Except as provided in paragraph (b)(2)(ii) of this clause, the covered contractor information system shall be subject to the security requirements in National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, ``Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations'' (available via the internet at http://dx.doi.org/10.6028/NIST.SP.800-171) in effect at the time the solicitation is issued or as authorized by the Contracting Officer. (ii)(A) The Contractor shall implement NIST SP 800-171, as soon as practical, but not later than December 31, 2017. For all contracts awarded prior to October 1, 2017, the Contractor shall notify the DoD Chief Information Officer (CIO), via email at osd.dibcsia@mail.mil, within 30 days of contract award, of any security requirements specified by NIST SP 800-171 not implemented at the time of contract award. (B) The Contractor shall submit requests to vary from NIST SP 800-171 in writing to the Contracting Officer, for consideration by the DoD CIO. The Contractor need not implement any security requirement adjudicated by an authorized representative of the DoD CIO to be nonapplicable or to have an alternative, but equally effective, security measure that may be implemented in its place. (C) If the DoD CIO has previously adjudicated the contractor's requests indicating that a requirement is not applicable or that an alternative security measure is equally effective, a copy of that approval shall be provided to the Contracting Officer when requesting its recognition under this contract. (D) If the Contractor intends to use an external cloud service provider to store, process, or transmit any covered defense information in performance of this contract, the Contractor shall require and ensure that the cloud service provider meets security requirements equivalent to those established by the Government for the Federal Risk and Authorization Management Program (FedRAMP) Moderate baseline (https://www.fedramp.gov/resources/documents/) and that the cloud service provider complies with requirements in paragraphs (c) through (g) of this clause for cyber incident reporting, malicious software, media preservation and protection, access to additional information and equipment necessary for forensic analysis, and cyber incident damage assessment. (3) Apply other information systems security measures when the Contractor reasonably determines that information systems security measures, in addition to those identified in paragraphs (b)(1) and (2) of this clause, may be required to provide adequate security in a dynamic environment or to accommodate special circumstances (e.g., medical devices) and any individual, isolated, or temporary deficiencies based on an assessed risk or vulnerability. These measures may be addressed in a system security plan. (c) Cyber incident reporting requirement. (1) When the Contractor discovers a cyber incident that affects a covered contractor information system or the covered defense information residing therein, or that affects the contractor's ability to perform the requirements of the contract that are designated as operationally critical support and identified in the contract, the Contractor shall-- (i) Conduct a review for evidence of compromise of covered defense information, including, but not limited to, identifying compromised computers, servers, specific data, and user accounts. This review shall also include analyzing covered contractor information system(s) that were part of the cyber incident, as well as other information systems on the Contractor's network(s), that may have been accessed as a result of the incident in order to identify compromised covered defense information, or that affect the Contractor's ability to provide operationally critical support; and (ii) Rapidly report cyber incidents to DoD at http://dibnet.dod.mil. (2) Cyber incident report. The cyber incident report shall be treated as information created by or for DoD and shall include, at a minimum, the required elements at http://dibnet.dod.mil. (3) Medium assurance certificate requirement. In order to report cyber incidents in accordance with this clause, the Contractor or subcontractor shall have or acquire a DoD-approved medium assurance certificate to report cyber incidents. For information on obtaining a DoD-approved medium assurance certificate, see http://iase.disa.mil/pki/eca/Pages/index.aspx. (d) Malicious software. When the Contractor or subcontractors discover and isolate malicious software in connection with a reported cyber incident, submit the malicious software to DoD Cyber Crime Center (DC3) in accordance with instructions provided by DC3 or the Contracting Officer. Do not send the malicious software to the Contracting Officer. (e) Media preservation and protection. When a Contractor discovers a cyber incident has occurred, the Contractor shall preserve and protect images of all known affected information systems identified in paragraph (c)(1)(i) of this clause and all relevant monitoring/packet capture data for at least 90 days from the submission of the cyber incident report to allow DoD to request the media or decline interest. (f) Access to additional information or equipment necessary for forensic analysis. Upon request by DoD, the Contractor shall provide DoD with access to additional information or equipment that is necessary to conduct a forensic analysis. (g) Cyber incident damage assessment activities. If DoD elects to conduct a damage assessment, the Contracting Officer will request that the Contractor provide all of the damage assessment information gathered in accordance with paragraph (e) of this clause. (h) DoD safeguarding and use of contractor attributional/proprietary information. The Government shall protect against the unauthorized use or release of information obtained from the contractor (or derived from information obtained from the contractor) under this clause that includes contractor attributional/proprietary information, including such information submitted in accordance with paragraph (c). To the maximum extent practicable, the Contractor shall identify and mark attributional/proprietary information. In making an authorized release of such information, the Government will implement appropriate procedures to minimize the contractor attributional/proprietary information that is included in such authorized release, seeking to include only that information that is necessary for the authorized purpose(s) for which the information is being released. (i) Use and release of contractor attributional/proprietary information not created by or for DoD. Information that is obtained from the contractor (or derived from information obtained from the contractor) under this clause that is not created by or for DoD is authorized to be released outside of DoD-- (1) To entities with missions that may be affected by such information; (2) To entities that may be called upon to assist in the diagnosis, detection, or mitigation of cyber incidents; (3) To Government entities that conduct counterintelligence or law enforcement investigations; (4) For national security purposes, including cyber situational awareness and defense purposes (including with Defense Industrial Base (DIB) participants in the program at 32 CFR part 236); or (5) To a support services contractor (``recipient'') that is directly supporting Government activities under a contract that includes the clause at 252.204-7009, Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information. (j) Use and release of contractor attributional/proprietary information created by or for DoD. Information that is obtained from the contractor (or derived from information obtained from the contractor) under this clause that is created by or for DoD (including the information submitted pursuant to paragraph (c) of this clause) is authorized to be used and released outside of DoD for purposes and activities authorized by paragraph (i) of this clause, and for any other lawful Government purpose or activity, subject to all applicable statutory, regulatory, and policy based restrictions on the Government's use and release of such information. (k) The Contractor shall conduct activities under this clause in accordance with applicable laws and regulations on the interception, monitoring, access, use, and disclosure of electronic communications and data. (l) Other safeguarding or reporting requirements. The safeguarding and cyber incident reporting required by this clause in no way abrogates the Contractor's responsibility for other safeguarding or cyber incident reporting pertaining to its unclassified information systems as required by other applicable clauses of this contract, or as a result of other applicable U.S. Government statutory or regulatory requirements. (m) Subcontracts. The Contractor shall-- (1) Include this clause, including this paragraph (m), in subcontracts, or similar contractual instruments, for operationally critical support, or for which subcontract performance will involve covered defense information, including subcontracts for commercial items, without alteration, except to identify the parties. The Contractor shall determine if the information required for subcontractor performance retains its identity as covered defense information and will require protection under this clause, and, if necessary, consult with the Contracting Officer; and (2) Require subcontractors to-- (i) Notify the prime Contractor (or next higher-tier subcontractor) when submitting a request to vary from a NIST SP 800-171 security requirement to the Contracting Officer, in accordance with paragraph (b)(2)(ii)(B) of this clause; and (ii) Provide the incident report number, automatically assigned by DoD, to the prime Contractor (or next higher-tier subcontractor) as soon as practicable, when reporting a cyber incident to DoD as required in paragraph (c) of this clause. (End of clause) 252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS (JUN 2013) (a) The Contractor is not required to flow down the terms of any Defense Federal Acquisition Regulation Supplement (DFARS) clause in subcontracts for commercial items at any tier under this contract, unless so specified in the particular clause. (b) While not required, the Contractor may flow down to subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligation. (c) The Contractor shall include the terms of this clause, including this paragraph (c), in subcontracts awarded under this contract, including subcontracts for the acquisition of commercial items. (End of clause) CLAUSES INCORPORATED BY REFERENCE 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (DEVIATION 2013-O0019) (JAN 2018) (a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) 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. (b) (1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(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 $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) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17. (iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (v) 52.222-26, Equal Opportunity (Sep 2016) (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) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). (ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). (x) 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. (xi) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67). (xii) ___ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). X (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627). (xiii) 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.) (xiv) 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) (xv) 52.222-54, Employment Eligibility Verification (Oct 2015). (xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658). (xvii) 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). (xviii) 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. (xix) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of Clause) PERFORMANCE WORK STATEMENT 1. DESCRIPTION OF WORK: Evans Army Community Hospital (EACH), Fort Carson, Colorado has a requirement for an on-site maintenance service contract. The contractor shall provide their Total Protection Plan Maintenance Service Contract to include all resources, labor, travel, transportation, parts, materials, equipment, and management necessary to keep the medical equipment in good operating condition and to perform all scheduled and unscheduled maintenance of the equipment listed in Table 1. This non-personal services maintenance contract shall cover the repair, PM, calibration, and exchange services according to the Manufacturer's specifications for the equipment listed in Table 1. Table 1 - Equipment List ECN NOMENCLATURE MANUFACTURER NAMEPLATE MODEL / SERIAL NUMBER COVERAGE M8139 Hologic Papanicolaou Smear Monolayer Sample Preparation System Thin Prep 2000 Hologic / Cytyc Corp 70031-001 / Thin Prep 2000 / SN: 06960 Standard Service Plan 31320 Hologic Papanicolaou Smear Monolayer Sample Preparation System Thin Prep 2000 Hologic / Cytyc Corp 70031-001 / Thin Prep 2000 / SN: 05605H12D0 Standard Service Plan 31321 Hologic Papanicolaou Smear Monolayer Sample Preparation System Thin Prep 2000 Hologic / Cytyc Corp 70031-001 / Thin Prep 2000 / SN: 05607H12D0 Standard Service Plan 1.1. This contract is a NON-PERSONAL SERVICES contract under which the personnel rendering the services are not subject, either by the contract's terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the government and its employees. 1.2. The inspection and acceptance point for all services rendered under this contract will be by the Contracting Officer's Representative (COR), Medical Maintenance Branch. The performance by the contractor technician, the quality of services rendered, and any documentation or written material in support of same, shall be subject to continuous inspection, surveillance and review for acceptance by the COR or designated representative. Other performance evaluation factors will be monitored that are not quantified by numerical measurements, Contractor technician relationship with hospital staff/Government contracting personnel and compliance with hospital policy and procedures. 2. Contractor Requirements. 2.1. Contractor will provide only technically qualified System technicians who are factory trained and certified to perform maintenance on the equipment in Table 1 and have a minimum of two years of experience working on the contracted equipment. Service personnel must have a good working knowledge of the equipment. 2.2. The Contractor shall only install System Hardware, Firmware and Software in order to be in compliance with the manufacturer's specifications to the Hologic, ThinPrep System. 2.3. The Contractor shall only install System firmware and software upgrades as necessary to keep up with annual improvements and Evans Army Community Hospital expansions, in order to ensure that the Hologic ThinPrep Systems are running according to manufacturer's specifications. 2.4. The Contractor shall not hire off-duty Government employees who serve as inspector or COR's in their Government position, or any other persons whose employment would result in a conflict of interest. 3. Administrative. 3.1. Reports. The Contractor shall submit reports to the COR or Contracting Officer as requested for use in monitoring Contractor performance. Such reports may include, but are not limited to, a service report as identified in paragraph 7.8. 3.2. Safety. The Contractor shall ensure its personnel comply with all installation and MTF safety regulations. Such regulations include, but are not limited to, general safety, fire prevention, and waste disposal. Copies of these regulations are on file in the medical activity safety office or may be obtained through the COR. The use of cellular phones and 2-way radios is expressly forbidden in all Medical Treatment Facilities and Health Clinics. 3.3. Security. 3.3.1. The Contractor shall ensure its personnel comply with the local installation requirements for vehicle registration and operation on the military facility. Any vehicle operated by contract personnel on the military installation must have the minimum liability coverage required by the state in which the performance is located. 3.3.2. The Contractor shall ensure its personnel comply with installation and MTF personnel identification and access requirements. The Contractor is responsible for absences due to expired identification and access documents. 3.4. Antiterrorism/Operations Security (AT/OPSEC) Requirements. 3.4.1. Antiterrorism (AT) Level I Training. This provision/contract text is for contractor employees with an area of performance within an Army controlled installation, facility or area. All contractor employees, to include subcontractor employees, requiring access Army installations, facilities and controlled access areas shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer, if a COR is not assigned, within 30 calendar days after completion of training by all employees and subcontractor personnel. AT level I awareness training is available at the following website: https://atlevel1.dtic.mil/at. 3.4.2. 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. 3.4.3. For contractors that do not require CAC, but require access to a DOD facility or installation. Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05/AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations. 3.4.4. iWATCH Training. This standard language is for contractor employees with an area of performance within an Army controlled installation, facility or area. The contractor and all associated sub-contractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This local developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within 30 calendar days of contract award and within YY calendar days of new employees commencing performance with the results reported to the COR NLT 30 calendar days after contract award. 3.5. Hours of Operation. Medical Maintenance Branch, EACH, office hours 7:00 A.M. thru 4:00 P.M., MST, Monday thru Friday. Overtime hours are not allowed, in accordance with the contract. Thus, the contractor is not allowed to work overtime hours, if service is required, after normal business hours. 3.6. Software upgrades. All software upgrades, corrective in nature, or which enhance equipment features shall be at no-cost to the government. 3.7. Contractor shall provide all documentation required to meet all regulatory compliance testing procedures. 3.8. Invoices and Payment Information. Payment will be made by Defense Finance and Accounting Service, (DFAS Indianapolis), Indianapolis, IN (address in Block 18a), after receipt of services. Contractor submits their 2-N-1 invoice in the Wide Area Workflow (WAWF) system for payment. The Contracting Officer's Representative (COR) shall verify for acceptance to be submit to DFAS Indianapolis. Government Payment will only be authorized for services actually rendered. Advance payments under this contract are not authorized. 4. Contractor Conduct. 4.1. The Contractor is responsible for the conduct of his/her employees. All services shall be provided in accordance with established standards, principles, and ethics of the profession and applicable professional specialty organizations, and shall ensure the highest regard to patient dignity. 4.2. The Contractor shall ensure that its personnel comply with MTF policies regarding personal appearance and conduct. 4.3. Inquiries. Contractor shall ensure that its personnel do not respond to any media inquiries. Any inquiries from the media shall be immediately relayed to the COR, who will relay them to the MTF Commander. There shall be no interviews, comments, or any other response without the knowledge and approval of the MTF Commander. Other than routine inquiries from external agencies, all other inquiries and complaints shall be brought to the attention of the Government. 4.4. Smoking. The Contractor shall ensure its personnel shall comply with the MTF smoking policy. 4.5. Complaints. Complaints will be validated by the COR and be reported in writing to the Contracting Officer and the Contractor for action, if it constitutes a failure to perform, as determined by the Government. The Contractor shall have no more than one substantiated complaints for each period of performance. 4.6. Contractor Representation. The Contractor shall designate a Point of Contact (POC) for the contract. The Contractor's POC shall be the only authorized representative of contractor authorized to discuss with the COR, any and all maintenance services required by the contract and ensure response to requests for performance of the contract. The POC shall have the authority to make decision for the Contractor. The Contracting Officer or the COR shall be notified promptly whenever the POC changes. Contractor's POC shall be submitted no later than 10 days after award of contract, and shall include as a minimum name, title, and telephone number. 5. Government /Contractor Furnished Property. 5.1. Government. The COR will provide the contractor access to the equipment covered under the contract. 6. Contractor. 6.1. The Contractor shall provide each employee an identification badge which shall be displayed on their outer garment at all times when responding to a service call at EACH. The badge shall include, as a minimum, the employee's name, current picture, the Contractor's name, and title identification. 6.2. All materials, other than those materials specified as Government furnished, required in the performance of this contract shall be furnished by the Contractor. 6.3. Availability of manufacturer's service literature needed in the performance of the contract will be Contractor's responsibility and will remain Contractor owned at the termination of the contract. The Contractor shall obtain the currently available literature of the original equipment manufacturer (OEM). 6.4. Equipment maintenance performance under the contract includes the unlimited replacement of defective parts. 6.5. Contractor shall notify the COR when replacement parts are needed to complete service are not available. 6.6. The Government will not be responsible for any damages or loss of Contractor supplies, materials, or equipment nor is the Government responsible for any damages or loss of the Contractor employees' personal belongings, due to fire, theft, accidents or other causes. 6.7. The contractor shall report immediately to the Government Point of Contact, or the Chief of Equipment Management Branch, all accidents which may arise out of or in connection with the performance of services required within the scope of this contract. 7. Scope of Work. 7.1. The Contractor employee is required to check-in Room 0705 (Service Level) Medical Maintenance Office, to check in with the COR, OIC, NCOIC, or Shop Foreman before proceeding to complete the service repair work. 7.2. Persons Authorized to Make Calls. Only those people listed below and the Contracting Officer are authorized to give the Contractor instructions, place service calls, or request updates status. The Government representative or COR will call and leave their name and number. The Contractor will return the call or come directly to the Medical Maintenance Branch to verify instructions prior to initiating any action. Primary POC: 719-526-7617 Alternate POC: 719-526-7202/7201 Officer in Charge: 719-526-7252 Non-Commission in Officer in Charge: 719-526-7204 Shop Foreman: 719-526-3599 or 719-524-2133 7.3. Contracting Officer's Representative (COR). The COR will/will not be appointed. However, the Contracting Officer will designate a primary point of contact in which the Contractor will receive guidance. 7.4. Any service performed without the prior approval of one of the individuals above shall be at no cost to the Government. 7.5. Maintenance Time Frames. 7.5.1. The Contractor shall provide one preventive maintenance (PM) and calibration verification check (CVC). If OEM standard requires more than one PM this will be covered by the Contractor at no additional cost. Services during the time frame will include one electrical safety current leakage test to determine the amount of electrical current electrical leakage to the case of the unit and these tasks shall be performed together. All services performed are documented and indicated on the service ticket upon completion of services as follows: 7.5.1.1. Calibration. CA with the time spent. 7.5.1.2. Preventive Maintenance INSP is inspection with the time spent, the electrical safety test is considered to be part of this process. 7.5.1.3. Scheduled Parts Replacement SPR with the time, name, and part numbers with cost of parts replaced. This shall include all battery replacements used in the Sensors, Panels, Gateways, Dialers and Netlinks. 7.6. Services Required and Specific Tasks. 7.6.1. Scheduled Services. 7.6.1.1. One PM annually for the life of the contract starting at the time of award and at the beginning of each option period. More than one PM might be required depending on the OEM standards and will be covered under this contract. 7.6.1.2. The Contractor shall complete all required scheduled services within four working days after starting each scheduled services. 7.6.1.3. No later than the fifth day of the month for scheduled services, the Contractor shall coordinate with the Medical Maintenance Branch and the end-users, ensuring access to the equipment to be serviced. 7.6.1.3.1. Includes any additional scheduled preventive maintenance repairs to the medical equipment. 7.6.1.3.2. Upon completion of PM on the equipment, the contractor shall update the affixed DD Form 2163, Medical Equipment Verification/Certification Sticker according to TB 38-750-2. 7.7. Unscheduled Services. 7.7.1. Contractor shall use reasonable efforts to provide on-site services with a response time not to exceed two business days after telephonic notification of a malfunction if contractor is unable to provide services via telephone support. These days are Monday through Friday, excluding all Government holidays. All equipment is repaired to meet manufacturers specifications in accordance with contractor's policies and procedures at all times. 7.7.2. The Contractor shall use reasonable efforts to respond telephonically within four hours during normal duty hour's days and within six hours after normal duty hours. 7.7.3. Delays caused by the Government must be promptly communicated to the COR and will not be counted against the repair completion time frame. 7.7.4. If parts are required and are not in stock with the contractor or original equipment manufacturer, an allowable delay will be determined by the COR. 7.7.5. The Contractor shall provide for all replacements of worn and/or defective parts that contractor has determined have failed under proper use as necessary to restore the equipment to 100% operational condition as specified by the OEM. 7.7.6. Contractor is required to be available and respond to the needs of EACH within 24 hours of being called. The Contractor should be able or willing to be present if required. 7.8. Service Reports. 7.8.1. Upon completion of services, a service report shall be provided to the COR prior to the contractor technician's departure. In the event all information is not available when services are performed, the initial service report shall include all available information. The contractor shall provide the balance of the required information no later than 48 hours after services are completed. This report is initiated by the Contractor at the completion of each repair and at the minimum will include: 7.8.1. Contractor's name 7.8.2. Contract number 7.8.3. Name of technician performing the repair (full printed and signed name) 7.8.4. Number of hours expended on each and associated Contractor's hourly rate. Hours are in tenths and rounded up to the nearest tenth of an hour. Example 1.1 is one hour and six minutes. 7.8.5. Part number and listed cost of each repair part used. 7.8.6. Equipment Control Number and serial number of equipment being repaired. 7.8.7. Detailed information regarding the equipment malfunction and corrective action taken and preventive maintenance and calibrations standards checked. 8. Other Required Tasks. 8.1. Contractor shall report to the Medical Maintenance Branch, Building 7500, Room 0705, and sign-in the Contractor's Log by indicating company name, individuals name, time of arrival, and destination. When departing EACH, the contractor technician must exit through Medical Maintenance and provide the service report as required above. 8.2. The performance of all services shall meet or exceed the specifications of the original equipment manufacturer. 8.3. The Contractor is not responsible for the maintenance of equipment listed when damage resulted from act of God, or Government neglect/misuse/abuse, or when services from other than the Contractor's personnel have been performed. 8.4. Delays caused by Government will not be counted as contractor "down time" for the purpose of this requirement. 8.5. Contractor shall furnish and install only OEM replacement parts or OEM recommended substitution/ modifications, as approved by the Medical Maintenance Branch as required ensuring proper and safe operation of the equipment. The Contractor shall provide technical assistance; install firmware/hardware/software updates as required by the manufacturer. 8.6. The Contractor shall perform scheduled preventive maintenance inspection and CVC one time per year or per OEM standards/specifications. When CVC services are complete, the Contractor shall affix a DD Form 2163 to the equipment; update the current form, when appropriate, as specified 750-1. The COR shall determine where on the equipment the DD Form will be affixed. 8.7. The Contractor shall establish and follow a procedural checklist when performing scheduled services. Any updates shall be supplied to the COR. 8.8. The Contractor shall comply with applicable federal, state, and local laws and regulations. 8.9. The contractor shall use reasonable efforts to continue uninterrupted until the equipment is operational. Equipment which is left unserviceable at the end of normal duty hours or until performance can be resumed, will be identified by the Contractor notifying the Medical Maintenance technician, POC or the COR and the hospital staff/end users. If the Contractor determines that additional parts are required, services will resume as soon as parts become available. The COR will be informed personally or in writing of the equipment status prior to the Contractor leaving the work site. 8.10. If a malfunction exists with the Contractor maintained equipment or the Government's utilities (i.e., water, air, electricity), the contractor's maintenance representative will be notified. The Contractor's maintenance representative and the Government's maintenance representative will test the utilities and will determine whether the utility or the equipment failed. If it is determined that the equipment failed, the contractor shall perform maintenance services immediately. 8.11. Contractor personnel shall leave job site in the same condition as found upon arrival. 9. REPLACMENT PARTS: 9.1. The Contractor shall replace all worn, failed, or defective parts at no additional cost to the Government. 9.2. The Contractor shall have and maintain an adequate inventory of repair parts to service the equipment listed herein and as may be needed in the performance of this contract. The Contractor shall maintain a backup inventory of spare parts so that any spare parts can be delivered to the site within the time frames established, if the spare part is not available from the local contractor inventory. 9.3. Replacement parts used in the performance of this contract shall be new or reconditioned, however, Government approved reconditioned repair parts shall be the only reconditioned repair parts allowed for performance of services under this contract. 9.4. Parts which have been replaced with Contractor furnished parts shall become the property of the Contractor. Parts once placed in a system or sub-system becomes the property of the Government. 10. APPLICABLE FORMS AND PUBLICATIONS: Publications documents and forms applicable to this PWS are listed below. The Contractor shall use reasonable efforts to comply with these directives. Supplements or amendments may be issued during the life of the contract and will be considered to be in full force and effective immediately upon receipt by the Contractor. If compliance with such supplements and amendments changes the contract cost, scope or purpose, it shall be a change within the meaning of the "Changes" clauses of the contract. 10.1. FORMS. The forms and extracts listed below will be provided to the Contractor by the Government for use in the performance of this contract. DD Form 2163, Medical Equipment Verification/Certification 10.2. PUBLICATIONS. Army publications shall be made available to the Contractor during the period of the contract. These publications are located in the Medical Maintenance Branch, EACH. AR 40-5Preventive Medicine AR 40-61, Medical Logistics Policies and Procedures SB8-75-11 Supplement to AR 40-61 TB MED 7, Maintenance Expenditure Limits for Medical Equipment TB MED 750-1, Operating Guide for Medical Equipment Maintenance 10.3. OTHER PUBLICATIONS - The following publications will be acquired by the Contractor for his use at his own expense. These publications are other than Army publications which establish guidelines for administering adequate healthcare services. When a conflict between these publications and Army publications arises, the publication which is more restrictive will be followed. Joint Commission of Accreditation of Healthcare Organization Manual (Current edition) National Fire Protection Association (NFPA) 99, Health Facilities Handbook, (Current edition) National Fire Protection Association (NFPA) 101, Life Safety Code, (Current edition) 11. Sexual Assault Prevention and Response Program. 11.1. The contractor shall comply with OTSG/MEDCOM Policy Memo 13-062, Policy for Reporting Incidents of Sexual Assault and Sexual Harassment under the Sexual Assault Prevention and Response Program (SHARP), 12 Nov 2013. The SHARP reporting requirements apply only to knowledge obtained by contractor personnel while performing services under this contract. 11.2. The contractor shall require all HCP(s) with knowledge of an incident of sexual assault occurring on a Government facility, to include a Government leased facility, where the contractor is providing services under this contract, to report the incident to the contractor who shall immediately (within 24 hours) report the incident in writing to the government's COR. All incidents shall be reported whether they involve contractor personnel or Government personnel, or other individuals. 11.3. The contractor shall require all HCP(s) with knowledge of an incident of sexual harassment occurring on a Government facility, to include a Government leased facility, where the contractor is providing services under this contract, to report the incident to the contractor who shall immediately (within 24 hours) report the incident in writing to the government's COR. All incidents shall be reported whether they involve contractor personnel or Government personnel, or other individuals. 11.4. The contractor shall ensure all service providers receive Sexual Harassment/Assault Response and Prevention (SHARP) training not later than 60 calendar days after contractor personnel begins performance under this contract. Training can be obtained either online or in person. Contractor personnel can attend SHARP training provided by MEDCOM on an every other month basis by contacting (210) 221-6118 for class date/time and availability. If the employee has an AKO account, they can access online the Team Bound Self Study course through Army Learning Management System (ALMS) at http://www.atsc.army.mil/tadlp/delivery/alms.asp1. 11.5. The Contractor shall notify its employees of the United States Government's zero tolerance policy described in paragraph (b) of FAR clause 52.222-50 "Combating Trafficking in Persons" and the actions that will be taken against employees for violations of this policy. 12. CONTRACT MANPOWER REPORTING 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: a. Contracting Office, KO, COR b. Contract number, including task and delivery order number c. Beginning and ending dates covered by reporting period d. Contractor name, address, phone number, e-mail address, identity of contractor employee entering data e. Estimated direct labor hours (including subcontractor) f. Estimated direct labor dollars paid this reporting period (including subcontractor) g. Total payments (including subcontractor) h. Predominant Federal Service Code (FSC) reflecting services provided by contractor (and separate predominant FSC for each subcontractor if different) i. Contractual 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) j. Locations where contractor and subcontractors 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) k. Presence of deployment or contingency contract language l. Number of contractor and subcontractor employees deployed in theater this reporting period (by country) The 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 COR by the 5th working day of November of each government fiscal year whether or not they have completed this report. If the COR is unavailable, the contractor will notify the KO. 13. Exclusion from Participation in Federal Health Care Programs (October 2015) 13.1. The Contractor shall not employ or contract with any individual or entity (hereinafter collectively referred to as "person") to provide items or services that will be included in invoices submitted to the Government under this contract if such person is listed on the Department of Health and Human Services (HHS) Office of the Inspector General (OIG) List of Excluded Individuals and Entities (LEIE) or the TRICARE Sanctioned Provider List. The Government is legally prohibited from paying for provision of items or services by such persons. The prohibition extends to services beyond direct patient care, such as services of persons in executive or leadership roles and administrative and management services, whether or not such services are billed separately. The LEIE may be found at http://oig.hhs.gov/fraud/exclusions.asp, and the TRICARE Sanctioned Provider list at http://www.health.mil/Military-Health-Topics/Access-Cost-Quality-and-Safety/Quality-And-Safety-of- Healthcare/Program-Integrity/Sanctioned-Providers. The LEIE and TRICARE Sanctioned Provider List are hereinafter collectively referred to as "the Lists." 13.2. Prior to start of contract performance, the Contractor shall (a) query the Lists to determine whether the name of any person the Contractor employs or contracts with to provide services or items for which payment may be made under this contract appears on the Lists, and (b) certify to the Contracting Officer that the Contractor has queried the Lists and no such names appear on either of the Lists. 13.3. During performance of the contract, and prior to persons other than those whose names were queried in accordance with paragraph 2, above, (hereinafter "new persons") providing services or items under the contract, the Contractor shall (a) query the Lists as in paragraph 2, and (b) certify to the Contracting Officer that the names of such new persons do not appear on either of the Lists. 13.4. The Contractor is advised that during performance of the contract, MTF personnel will perform a recurrent recheck of the names of contractor personnel working in the MTF against the Lists, as specified in OTSG/MEDCOM Policy Memo 15-037. The Government will notify the Contractor in the event any contractor personnel working in the MTF appear on either of the Lists. 13.5. Should any person providing items or services under the contract appear on either of the Lists at any time during contract performance, the Contractor shall (a) in cases where the Contractor identified the person, notify the Contracting Officer, and (b) promptly remove that person from the contract. 13.6. Violation of any aspect of the above paragraphs shall be considered a material breach of the contract and may result in termination of the contract. 13.7. The Contractor is further advised that, in accordance with Civil Monetary Penalties Law [CMP] (codified at 42 USC § 1320a-7a): a. There are steep civil monetary penalties associated with billing the Government for providing items or services by a person on either of the Lists, and with failing to return to the Government any overpayments received for provision of such items or services. b. Billing under the contract for provision of items or services by a person on either List may also result in exclusion of the person that employs or contracts with such person. 13.8. HHS OIG has issued a Special Advisory Bulletin on the Effect of Exclusion from Participation in Federal Health Care Programs with additional information on the CMP. The Special Advisory Bulletin may be found at http://oig.hhs.gov/exclusions/files/sab-05092013.pdf. IRAPT Invoicing, Receipt, Acceptance and Property Transfer (iRAPT) - formerly known as WAWF iRAPT is the authorized method to electronically process vendor request for payment. This application allows DOD vendors to submit and track Invoices and Receipt/Acceptance documents electronically. Contractor shall (i) register to use iRAPT at https://wawf.eb.mil and (ii) ensure an electronic business point of contract (POC) is designated in the System for Award Management at https://www.sam.gov within ten (10) calendar days after award of this contract/order. iRAPT Instructions: Questions concerning payments should be directed to the Defense Finance and Accounting Service (DFAS) location listed in Block 18a of your purchase order/contract. Please have your purchase order/contract number ready when calling about payments. You can easily access payment and receipt information using the DFAS web site at http://www.dfas.mil/money/vendor. Your purchase order/contract number or invoice number will be required to inquire status of your payment. The following codes and information will be required to assure successful flow of iRAPT documents. Foreign Vendors will submit banking information in the Comments Tab of the iRAPT invoice. TYPE OF DOCUMENT [X the appropriate block] ___ Invoice (Contractor Only) ___ Invoice and Receiving Report (COMBO) _X_ Invoice as 2-in-1 (Services Only) ___ Receiving Report (Government Only) CAGE CODE: ISSUE BY DODAAC: W81K00 ADMIN BY DODAAC: W81K00 INSPECT BY DODAAC: ACCEPT BY DODAAC: SHIP TO DODAAC: PAYMENT OFFICE FISCAL STATION CODE: 21001 EMAIL POINTS OF CONTACT LISTING: (Use Group e-mail accounts if applicable) INSPECTOR Primary: Alternate: ACCEPTOR Primary: Alternate: RECEIVING OFFICE POC: Primary: Alternate: CONTRACT ADMINISTRATOR/ SPECIALIST: lisa.d.washington.mil@mail.mil CONTRACTING OFFICER: emerita.torres.civ.mil@mail.mil Any modification requests must be in writing and submitted to: W81K00. (End) CLAUSES INCORPORATED BY REFERENCE 52.212-1 Instructions to Offerors--Commercial Items JAN 2017 ADDENDUM TO 52.212-1 Volume I. Administrative. • All offerors shall provide the following items: • Completed SF 1449: Blocks 12, 17 (to include CAGE code and DUNS number), 30A - C • Completed SF 30: Blocks 8, 15A - C (for all amendments issued, if any) • Point of Contact Information (Name, Telephone Number, Fax Number, and Email) • Statement that the offeror will hold its quote firm for at least 90 days from the due date for receipt of quotes, subject to any changes that may occur as a result of discussions (if applicable). • Completed provisions, as listed in the solicitation. Alternately, complete all provisions in SAM and provide confirmation of completion and accuracy with offer. • Potential contractors must be registered in the System for Award Management (SAM) to be eligible for award. The SAM website ishttp://www.sam.gov. Volume II. Technical Capability Technical Capability. These parts of the technical proposal shall be addressed in sufficient written detail for the Government to determine if the offeror understands this aspect of the Government's requirement. Statements that the offeror understands, can or will comply with all specifications, or statements paraphrasing the specifications of parts thereof, or phrases such as "standard procedures will be used" or "well-known techniques will be used" will be considered unacceptable. Insufficient explanations may result in your offer receiving an UNACCEPTABLE rating. Volume III. Price Price. The offeror shall submit a unit price for each CLIN, as well as the extended price (i.e., unit price multiplied by quantity) in column F. A unit price shall be submitted for each line item, as well as the extended price (i.e., unit price multiplied by quantity). Travel costs are subject to Federal Acquisition Regulation (FAR) part 31.205-46 and 52.212-4. 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) CLAUSES INCORPORATED BY REFERENCE 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications. OCT 2015 CLAUSES INCORPORATED BY FULL TEXT 52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--REPRESENTATION (NOV 2015) (a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10). (b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4. (c) Representation. The Offeror represents that-- (1) It [ ___ ] is, [ ___ ] is not an inverted domestic corporation; and (2) It [ ___ ] is, [ ___ ] is not a subsidiary of an inverted domestic corporation. (End of provision) 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016) (a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that-- (1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or (2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government. (b) The Offeror represents that-- (1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and (2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. (End of provision) 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): http://farsite.hill.af.mil (End of provision) 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"(DEVIATION)" after the date of the provision. (b) 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 "(DEVIATION)" after the name of the regulation. (End of provision) 252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (NOV 2011) (a) Definition. Covered DoD official is defined in the clause at 252.203-7000, Requirements Relating to Compensation of Former DoD Officials. (b) By submission of this offer, the offeror represents, to the best of its knowledge and belief, that all covered DoD officials employed by or otherwise receiving compensation from the offeror, and who are expected to undertake activities on behalf of the offeror for any resulting contract, are presently in compliance with all post-employment restrictions covered by 18 U.S.C. 207, 41 U.S.C. 2101-2107, and 5 CFR parts 2637 and 2641, including Federal Acquisition Regulation 3.104-2. (End of provision) 252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION CONTROLS (OCT 2016) (a) Definitions. As used in this provision-- Controlled technical information, covered contractor information system, covered defense information, cyber incident, information system, and technical information are defined in clause 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting. (b) The security requirements required by contract clause 252.204-7012 shall be implemented for all covered defense information on all covered contractor information systems that support the performance of this contract. (c) For covered contractor information systems that are not part of an information technology service or system operated on behalf of the Government (see 252.204-7012(b)(2))-- (1) By submission of this offer, the Offeror represents that it will implement the security requirements specified by National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, ``Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations'' (see http://dx.doi.org/10.6028/NIST.SP.800-171) that are in effect at the time the solicitation is issued or as authorized by the contracting officer not later than December 31, 2017. (2)(i) If the Offeror proposes to vary from any of the security requirements specified by NIST SP 800-171 that are in effect at the time the solicitation is issued or as authorized by the Contracting Officer, the Offeror shall submit to the Contracting Officer, for consideration by the DoD Chief Information Officer (CIO), a written explanation of- (A) Why a particular security requirement is not applicable; or (B) How an alternative but equally effective, security measure is used to compensate for the inability to satisfy a particular requirement and achieve equivalent protection. (ii) An authorized representative of the DoD CIO will adjudicate offeror requests to vary from NIST SP 800-171 requirements in writing prior to contract award. Any accepted variance from NIST SP 800-171 shall be incorporated into the resulting contract. (End of provision) CLAUSES INCORPORATED BY REFERENCE 52.212-2 Evaluation - Commercial Items OCT 2014 ADDENDUM TO 52.212-2 Award will be made using the lowest price technically acceptable (LPTA) source selection process. Award will be made to the responsible offeror on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost factors. Award maybe made without discussions with offerors (except communications conducted for the purpose of minor clarification). Therefore, each initial offer should contain the offeror's best terms from a technical and price standpoint. However, the Government reserves the right to conduct discussions if it is later determined by the contracting officer to be necessary. Paragraph (a) is hereby replaced with the following: The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation is Lowest Price, Technically Acceptable (LPTA). Award will be made on all or nothing basis. The following evaluation factors shall be used to evaluate offers: Technically Acceptability and Price 1. Technical Capability. The following adjectival ratings will be used in evaluating the offeror's technical quote: Acceptable - To receive this rating, the offerors product shall meet each of the performance objectives set forth in the solicitation. Unacceptable - An unacceptable rating will be assessed on any offeror that presents items that demonstrate any of the following: Proposal does not meet the requirements as outlined in the RFQ and contains one or more deficiencies. Technical acceptability and Price. Technical acceptability: Explain your firm's capability, to include any processes currently in place, that will ensure the specifications identified in Performance Work Statement, are met. Statements that the offeror understands, can or will comply with all specifications, or statements paraphrasing the specifications of parts thereof, or phrases such as "standard procedures will be used" or "well-known techniques will be used", will be considered insufficient. • Provide services, labor, parts, and materiel necessary to cause subject equipment to be in proper working condition in accordance with the OEM's specifications at the completion of each service call. • Provide all original OEM parts (not refurbished). •Must be certified to work on Hologic, Thin Prep 2000 systems 2. Price Vendors must submit their quotes to the following address: Regional Health Contracting Office-Central Attn: SFC Washington 3551 Roger Brooke Drive, Bldg 1103 Fort Sam Houston, TX 78234-6200 Proposals must be submitted on time to the mailing address above, or by fax to (210) 221-3446 SFC Washington or e-mail to lisa.d.washington.mil@mail.mil and emerita.torres.civ@mail.mil. Evaluation Process: All quotes will be evaluated on price and technical acceptability. The award decision will be based on the lowest priced technically acceptable quote. (End of provision) CLAUSES INCORPORATED BY REFERENCE 52.212-3 Alt I Offeror Representations and Certifications--Commercial Items (NOV 2017) Alternate I OCT 2014
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