Stryker Sonopet Handpiece & CONS/FTSWTCH Maintenance Service Agreement
Department of the Navy, Bureau of Medicine and Surgery | Published September 13, 2016 - Deadline September 23, 2016
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT0001 4 Quarter (Time) Service Contract Sonopet HandpieceFFPFull service and maintenance to be provided for 2 each Sonopet Handpiece: Ser # 1509800411, ECN: 132617 and Ser # 1509800374, ECN: 132618 in accordance with the Statement of Work. 5450-820-00WFOB: DestinationPURCHASE REQUEST NUMBER: N0025917RCD0015ADDITIONAL MARKINGS: MOR Neuro HN Jourdan Patacsil 619-843-5474
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT0002 4 Quarter (Time) Service Contract Sonopet (CONS/FTSWTCH)FFPFull service and maintenance to be provided for Sonopet aspirator (CONS/FTSWTCH) - Ser # 1510400314, ECN: 132616 in accordance with the Statement of Work. 5450-850-000WFOB: DestinationPURCHASE REQUEST NUMBER: N0025917RCD0015ADDITIONAL MARKINGS: MOR Neuro HN Jourdan Patacsil 619-843-5474
POCJohn E. FreemanContract SpecialistNaval Medical Center San Diego/Acquisitions619firstname.lastname@example.org
STATEMENT OF WORK01 JUL 16
Statement of Work
STRYKER SONOPET GENERATOR AND HANDPIECE SERVICE
1. Scope: The contractor shall provide all services, labor, parts, materials, and equipment necessary for the service and maintenance for the government-owned Stryker Sonopet at Naval Medical Center San Diego (NMCSD) as listed below.
PART DESCRIPTION ECN NUMBER SERIAL NUMBER
STYKER SONOPET 132617 1509800414STYKER SONOPET 132618 1509800374STYKER SONOPET 132616 1510400314
Contractor will service and maintain the equipment within the original equipment manufacturer's (OEM) specifications, in accordance with the US, State, and Local laws and regulations, US Navy regulations, and Joint Commission requirements.
2. Definitions: As used throughout this work statement, the following terms shall have the meaning set forth below:
2.1. Service and maintenance: (a) any modification, adjustment, or replacement of the equipment that corrects a malfunction and effectively brings the equipment into material conformity with the technical specification for that equipment as designated by the original equipment manufacturer (OEM), (b) a procedure or routine that, when observed in the regular, proper operation of the equipment, avoids the material adverse effect of the applicable nonconformity, (c) any measures performed that assure the continued operation of the equipment or returns the equipment to its designed efficiency and capacity, (d) replacement of a piece of equipment on a one-for-one basis in order to provide a substitute of equal or greater value in lieu of a damaged or defective device for compensation, return, or refund of equipment.
2.2. Contracting Officer (KO): A warranted representative of the federal government who has the express authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The KO is the only person authorized to approve changes to any terms, conditions, or requirements of the contract.
2.3. Contracting Officer's Representative (COR): A Government employee appointed by the KO and responsible for the inspection, evaluation, and acceptance of products and services provided in accordance with the terms and conditions of the contract.
Places of performance shall be:Biomedical Repair DepartmentBuilding One, Ground FloorNaval Medical Center San Diego34800 Bob Wilson DriveSan Diego, CA 92134-5000
4.1. General Performance Requirements:
4.1.1. The Contractor shall provide equipment maintenance services to include all periodic planned maintenance and unscheduled repairs in accordance with OEM specifications and in compliance with ISO 9001 standards, to include repairs necessitated by operator error.
4.1.2. The Contractor may use third party service vendors not limited to the Original Equipment Manufacturer (OEM), however, these vendors must be approved in advance by the COR. The Contractor must submit a list of any sub-contractors they intend to use as third party service vendors to the COR for approval. Third party service vendors shall not perform any work under this contract prior to such approval.
4.1.3. Ensure that only fully-qualified field engineers and/or technicians who have gone through OEM or equivalent third-party service schools for the equipment will be employed in the performance of any and all work performed under this contract. Service personnel will have sufficient experience to demonstrate proficiency in maintenance of the product. Upon request, Contractor will provide written assurance of the competency their personnel as well as a list of credentials for approved field service personnel. The KO and/or COR may authenticate the training requirements and request training certificates or credentials from the service vendors at any time.
4.1.4. Test equipment: Test equipment calibration will be traceable to National Institutes of Standards and Technology (NIST traceable). Any efforts conducted without equipment within the calibration intervals is not performance in accordance with this contract. Upon request by COR, the Contractor and/or service vendors will provide a copy of the current calibration certification of all test equipment to be used, or which has been used, on NMCSD equipment.
4.1.5. Field Service Reports: Contractor shall furnish a written or electronic vendor supplied Field Service Report (FSR) to the Duty Staff at NMCSD Biomed. All FSR's shall be submitted within 72 hours of completion of service. The contractor or their representative shall complete the FSR to include, at a minimum, the following:
1. Contractor Name 2. Technician's printed name, telephone number, and signature3. Date and Time of Arrival4. ECN (to be provided by Navy) and Serial Number of Equipment5. Time Expended Repairing/Service: Labor Hours, Rate, Materials6. Summary of Work Performed and Accepted by End-User, with GovernmentRepresentative's Printed name and Signature)
Completed Field Service Reports are required prior to acceptance of any invoice. Failure to submit a Field Service Report to NMCSD Biomed can result in delay of payment or rejection of invoice from Government. It is highly recommended that the contractor attach a copy of the Field Service Report to their Wide Area Workflow Invoice in addition to the required submission to NMCSD Biomed in order to expedite invoicing process.
4.2. NMCSD Preventive Maintenance Requirements:4.2.1. Preventive maintenance will be performed in a manner which will minimize corrective maintenance and will include but is not limited to: calibration, adjustment, lubrication, updating software for security, safety, or system functionality issues, testing required to maintain a safe environment of care, electrical safety testing, output testing, replacement of batteries and other shelf life components on a scheduled basis (which becomes corrective maintenance if the component fails due to lack of preventive maintenance).
4.2.2. Make repairs to the extent necessary, as determined by inspection tests or disassembly, to ensure a functional system that will efficiently serve its intended purpose and the technical specification for that equipment as designated by the original equipment manufacturer.
4.2.3. Installation of system update changes to resolve specific product reliability problems. Hardware and software upgrades, defined as those changes that enhance or add product features, are not included.
4.2.4. Preventive Maintenance will be performed at a minimum of 2 times per year, with these scheduled preventive maintenance actions performed
4.2.5. Preventive Maintenance Completion: Contractor must insure that 95% or more of all periodic maintenance is performed within 30 days of due date, and that 100% of periodic maintenance is performed within 60 days of the due date.
4.2.6. Equipment in Use: If, for reasons beyond the Contractors control, equipment is not made available for maintenance for the entire 30 days before the maintenance due date, and 60 days following due date, the Contractor shall immediately notify the COR.
4.2.7. Equipment Unable to Locate (UTL): If the Contractor is unable to locate an item within the maintenance window specified, the Contractor shall immediately notify the COR. The COR may determine that the property has been disposed of or otherwise inactive or unavailable for use and may adjust the equipment covered under this Statement of Work accordingly.
4.2.8. 100% Preventive Maintenance: Under the circumstances of 4.2.6. and/or 4.2.7., the COR and Contractor shall arrange a means of complying with the requirements for preventive maintenance at no additional cost to the government. Equipment determined missing, lost, or stolen shall be exempt from maintenance.
4.2.9. Uptime Rate: The Contractor will maintain an overall uptime rate of 95% or better for all equipment covered by this effort. Individual uptime rate for specific equipment, if required, will be as specified on Appendix A.
4.2.10. Uptime Calculation: Uptime is calculated on a rolling 6 month basis. Until the Contractor has at least 6 months of performance history with NMCSD, the uptime shall be calculated cumulatively for the entire duration of the contract.
4.3. NMCSD Corrective Maintenance Requirements:
4.3.1. Correct inoperable condition in a timely manner. Contractor will respond no later than two (2) hours after telephone notification from BIOMED, Monday-Friday, between the hours of 0800-1600. 4.3.2. Provide only the work necessary to restore the equipment to a properly serviceable/operating condition by adjustments, replacement parts, or minor repairs when it is determined that extensive repairs and parts are not necessary.
4.3.3. Equipment improvements/modifications will be made only upon BIOMED written approval and direction. This includes software updates to the device. All updates/improvements/modifications performed will be notated on the field service report or equivalent.
4.3.4. Notify BIOMED immediately upon receipt of OEM safety recall notices or upon receipt of recall notices pertaining to any parts or materials utilized by contractor on the equipment.
4.3.5. Ensure that the original design and functional capabilities will not be changed, modified, or altered without express written authorization from BIOMED.
4.3.6. Provide suitable OEM recommended repair equipment/tools required for the satisfactory execution of all repairs made.
4.3.7. Furnish OEM approved lubricants and lubricate wear points within the equipment in accordance with OEM guidelines.
4.3.8. Replacement parts shall be covered by the contractor for the duration of the contract. Extend to the Government all commercial warranties on replacement parts. All replacement parts or supplies utilized will be new parts or OEM refurbished parts. OEM refurbished parts will only be accepted upon written request from the contractor to NMCSD Biomed and will only be utilized/installed upon written approval from NMCSD Biomed to the contractor.
4.4. End-User Requirements:
4.4.1 The department requires next-day service exchange. Any order for service on a device covered by this contract placed by 1300 Pacific Standard Time will require a loaner or temporary replacement from the contractor in lieu of the device requiring service to be delivered no later than 0800 the next business day. Loaners will be delivered to NMCSD Biomed for check-in and processing prior to release to the department. This loaner/replacement will be returned to the contractorupon return of the government-owned equipment upon accepted completion of the service/maintenance. If contractor cannot perform or complete the service/maintenance, they must notify NMCSD Biomed in writing of such, with a clear explanation as to why it could not be completed.
4.4.2 The department expects reasonable attempts to be made to repair any device turned in for service. Reasonable attempts include; cost of repairs not exceeding the purchase cost of new equivalent equipment from the OEM, repairs taking no more than 45 days from initial service request to complete, and repairs for equipment where it can be reasonably argued that the equipment was subjected to patently obvious gross negligence or abuse. If equipment is received and is irreparably damaged, the department requires a written report as to the extensiveness of the damage and the suspected cause or type of maltreatment necessary to cause such damage (e.g., dropped, crushed mechanically, overloaded, etc.). The field service report may serve in this regard if comprehensive.
4.5. Response Time and Labor:
4.5.1. Contractor will use commercially reasonable efforts to respond by telephone to any report of a malfunction requiring repair within two (2) hours of notification from NMCSD Biomed, Monday through Friday, 0800-1700, Pacific Standard Time. The Contractor will also provide telephone consulting services, twenty-four (24) hours per day, seven (7) days a week. This consulting service will be provided to avoiddelays in contract service coverage during after-hours and weekend/holiday periods as applicable. Under no circumstances will the Contractor assume an inquiry, via telephone or any other means, is authorization to provide services not specifically covered by the terms of the contract.
4.5.2. Contractor will use commercially reasonable efforts to provide on-site support within two business days from notification by NMCSD Biomed, unless otherwise noted in Section 4.4.
4.5.3. Work required in the performance of this contract shall be performed between the hours of 0800 and 1700, Pacific Standard Time. All compensation for labor from the hours of 0800 to 1700 Pacific Standard Time is provided for in this contract and included in the contract price. Contractor may be permitted to arrange for the performance outside of these hours via coordination with NMCSD Biomed at no additional-cost-to-the-government.
4.5.4. Any work that would require overtime must be approved, in writing, in advance by the KO. Any work of this nature performed
5. Travel and Related Expenses: Contractor shall be responsible for its service related trip expenses, including round trip travel, mileage, and overnight living expenses.
6. Shipment: The contractor shall not exceed two (2) business days for shipment of all equipment coming from and/or going to NMCSD Biomed minus exceptions or conditions as previously noted in this Statement of Work. All shipping expenses/costs are provided for in this contract and included in the contract price.
7.1. The contractor shall not be liable for any loss, damage, or delay due to any cause beyond their reasonable control, including but not limited to fire, explosion, theft, flood, riot, civil commotion, war, malicious acts of mischief, or other circumstances outside of human control.
7.2. NMCSD Employees will not perform maintenance or attempt repairs to equipment covered under this contract while such equipment is under the purview of this contract without express, written concurrence from contractor.
7.3. Insurance: Contractor will be required to have liability insurance to cover any actions on the part of the Contractor or their sub-contractors which result in injury or death to patients, staff, visitors, or other Contractors. Coverage shall be of at least $500,000 per occurrence. Additionally, Contractor is required to have property damage liability insurance of at least $500,000. Liability insurance shall meet the requirements set forth in FAR 28.307-2.
8. Utilities, Facilities, and Equipment Access:
8.1. The contractor may use Government utilities (e.g., electrical power, compressed air, water) that are available and required for any service performed under this contract while at Government facilities. The facilities engineer however must approve of any contractor equipment which would connect to these utilities in order to ensure compatibility with NMCSD utilities.
8.2. Any outages required in order to perform services must be approved by NMCSD Facilities Management prior to initiation of work and shall be performed per Facilities' instruction. Contractor may request Facilities assistance in performing these outages if required.
8.3. Ensure that all use, storage, transport of any materials regulated by OSHA as "hazardous", required for the performance of this contract, is in in compliance with all federal, state, and local regulations. Contractor shall have available MSDS's for any such materials on-site.
8.4. The Contractor will protect all facilities from damage caused by the Contractor and will repair, at no additional cost to the Government, all damages caused by the Contractor's activities. During performance of services, Contractor will keep the site safe, neat, clean and orderly. Contractor will be responsible for all means, methods, techniques, sequences, and procedures of the services
8.5. Access to Equipment: Contractor shall be provided reasonable access to all equipment that is to be serviced and utility outlets required to do the service. The contractor shall be free to start/stop all primary equipment incidentals to the operation of the maintained equipment after permission is received from on-duty personnel responsible for such equipment.
9. Security and Safety Requirements:
9.1. The contractor is required to submit/complete Naval Base San Diego RAPIDGate access to NMCSD. Contractor shall contact the RAPIDgate program at 1-877-RAPIDGate or at www.RAPIDGate.com in order to obtain a RAPIDGate pass(es) as necessary in order to perform this contract. All costs for completing RAPIDGate access are the responsibility of the contractor.
While awaiting RAPIDGate access, contractor shall, at a minimum, contact NMCSD Biomed not later than 1400 on the day prior to a scheduled visit to submit the required information to complete the NMCSD Temporary Security Pass. In case of emergent repairs or service, the contractor will wait at the NMCSD Main Gate for escort from Biomed personnel.
9.2. Identification, Parking, and Smoking Regulations at NMCSD: Field service personnel shall wear visible photo identification at all times while on the premises of NMCSD. It is the responsibility of the field service personnel to park in the appropriate designated parking areas. Information on parking is available from NMCSD Security personnel. Smoking is prohibited inside any buildings of NMCSD and is restricted to designated smoking locations only. Possession of weapons, alcohol, or pharmaceuticals that are not over the counter and not prescribed to the individual/family is prohibited on the premises. Enclosed containers, including tool kits, are subject to search. Violations of regulations may result in citation answerable in the United States (Federal) District Court. Violation of any policy which results in lost time for Contractor or his sub-contractors is the sole responsibility of the Contractor, and shall not be charged to the government. Contractor employees will demonstrate appropriate behavior and dress at all times.
9.3. Contractor Check-In/Check-Out: Contractor is required to report to Material Management Department, Biomedical Repair Division at Building One (1), Ground Floor, Room GD-18H1 at NMCSD prior to and upon completion of any services or repair work performed.
9.4. General Safety Requirements: The Contractor will exercise safety precautions as the COR or his/her designee may determine to be reasonably necessary to protect the lives and health of occupants of buildings in which work is being performed. NMCSD will notify the Contractor of any non-compliance with the foregoing conditions and the action(s) to be taken. Service vendors will, after receipt of such notice, immediately correct the conditions to which attention has been directed. If field service engineer refuses to comply promptly, the COR may issue an order stopping all or any part of the work. Under such circumstances, the KO and hold the service vendor in contract default. Nothing in this section will be construed so as to limit the Contractor or his sub-contractors responsibilities to comply with any existing law, nor to switch jurisdictions.
9.5. Government Right of Refusal: NMCSD reserves the right to reject any of the contractor's personnel and refuse them permission to enter the premises or work on NMCSD equipment. This right may be exercised at any time. The reasons for rejections may include: lack of training and experience, but may also include but not be limited to: behavior, attire, security concerns, immigration status.
10. Compliance with Applicable Laws: Contractor will be knowledgeable of and comply with all applicable Federal, State, and local laws, regulations, and requirements regarding the conduct of his business. The Contractors personnel will comply with the DoD Information Assurance Policies applicable. Contractors are required to maintain a Drug Free Workplace, as well as to require any sub-contractor to do the same. Contract will require wage determinations and comply with applicable Federal and State worker's compensation and occupational disease statutes.
11. Modifications to Contract: Only the KO has the authority to obligate the government, and then only in writing. No modification or instruction from any party shall be construed to authorize the Contractor to take any action for which they expect compensation without written authorization from the KO.
12. Invoicing: All invoicing shall be done in accordance with this statement of work and in accordance with contract. Failure to do so may delay or interfere with payment for services rendered.
13. NMCSD Points of Contact: For all matters concerning performance of this contract, the primary point of contact shall be:
Biomedical Repair Division, Material Management DepartmentBuilding One, Ground Floor, Room GD-18H1Naval Medical Center San Diego34800 Bob Wilson DriveSan Diego, CA 92134
TEL: 619-532-8010Fax: 619-532-8013
For administrative matters, the contractor may contact the contracting officer as designated in blocks 7.a, 7.b, 8, and 9 as found on the Standard Form 1449 issued for the contract, or may contact:
Material Management DepartmentNaval Medical Center San Diego34800 Bob Wilson DriveSan Diego, CA 92134TEL: 619-532-8110FAX: 619-532-5596
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY 0001 Destination Government Destination Government 0002 Destination Government Destination Government
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC 0001 POP 03-OCT-2016 TO02-OCT-2017 N/A NAVAL MEDICAL CENTERRECEIVING OFFICERLOADING DOCK 1 (0800 - 1500)34800 BOB WILSON DRIVE STE8SAN DIEGO CA 92134-5000619-532-8006FOB: Destination N00259 0002 POP 03-OCT-2016 TO02-OCT-2017 N/A (SAME AS PREVIOUS LOCATION)FOB: Destination N00259
CLAUSES INCORPORATED BY REFERENCE
52.204-7 System for Award Management JUL 2013 52.204-13 System for Award Management Maintenance JUL 2013 52.212-3 Offeror Representations and Certification--Commercial Items JUL 2016 52.212-4 Contract Terms and Conditions--Commercial Items MAY 2015 52.222-48 Exemption from Application of Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification MAY 2014 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 252.203-7000 Requirements Relating to Compensation of Former DoD Officials SEP 2011 252.204-7008 Compliance With Safeguarding Covered Defense Information Controls DEC 2015 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. DEC 2015 252.225-7000 Buy American--Balance Of Payments Program Certificate--Basic (Nov 2014) NOV 2014 252.225-7001 Buy American And Balance Of Payments Program-- Basic (Aug 2016) AUG 2016 252.225-7002 Qualifying Country Sources As Subcontractors AUG 2016 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports JUN 2012
CLAUSES INCORPORATED BY FULL TEXT
52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2015)
(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.
(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--
(1) The solicitation number;
(2) The time specified in the solicitation for receipt of offers;
(3) The name, address, and telephone number of the offeror;
(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;
(5) Terms of any express warranty;
(6) Price and any discount terms;
(7) "Remit to" address, if different than mailing address;
(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);
(9) Acknowledgment of Solicitation Amendments;
(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and
(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.
(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.
(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.
(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.
(f) Late submissions, modifications, revisions, and withdrawals of offers:
(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.
(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--
(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or
(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or
(C) If this solicitation is a request for proposals, it was the only proposal received.
(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.
(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.
(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.
(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.
(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.
(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.
(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.
(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.
(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:
(i) ASSIST (https://assist.dla.mil/online/start/).
(ii) Quick Search (http://quicksearch.dla.mil/).
(iii) ASSISTdocs.com (http://assistdocs.com).
(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--
(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);
(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or
(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.
(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.
(j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" or "DUNS +4" followed by the DUNS or DUNS +4 number that identifies the offeror's name and address. The DUNS +4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.
(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.
(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:
(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.
(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.
(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.
(4) A summary of the rationale for award;
(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.
(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.
(End of provision)
ADDENDUM TO FAR CLAUSE 52.212-1
Submission of Offer: The offeror shall submit signed and dated offer to the following email address: Contract Specialist email@example.com on or before the exact time specified in this solicitation (see block 8). Proposals are limited to 12 pages which includes price quote for the requested items. Include and annotate the unit price and extended price details for each item for CLINs 0001 through CLIN 0002. A separate formal quote may also be submitted with company's letterhead, cage code, quote number and date.
The Government will award a contract resulting from this RFQ to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered.
Quotes must be good for 45 calendar days after close of RFQ.
52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: (i) Technical capability of the services offered to meet the Government requirement, (ii) past performance, and (iii) price.
The following factors to be used to evaluate offers:
FACTOR 1: Technical Capability - defined as the contractor's ability to have the basic knowledge, experience, and understanding the requested items and services for the Government's requirements as stated in the extended description and statement of work.
FACTOR 2: Past Performance - Make available up to three (3) references with the Point of Contact, telephone number, and, address. Demonstrate same or similar level of service within the last three years. Include evidence of previous experience with Department of Defense (DoD).
FACTOR 3: Price - The Government shall conduct a price evaluation of all technical acceptable offers with satisfactory past performance.
Technical capability and past performance, when combined, are more important than price.
(b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
(End of provision)
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: (Contracting Officer check as appropriate.)
___ (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.)
___ (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).
___ (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 (July 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]
____ (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-Subcon-tracting 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. 657f).
XX (22) 52.219-28, Post Award Small Business Program Rerepresentation (July 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)).
XX (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
XX(26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (FEB 2016) (E.O. 13126).
____ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
XX (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).
XX (30) 52.222-36, Equal Opportunity for Workers with Disabilities (July 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).
XX (33)(i) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627).
____ (ii) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
____ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
____ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
____ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
____ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (June, 2016) (E.O. 13693).
____ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (June, 2016) (E.O. 13693).
____ (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[supreg]-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).
____ (ii) Alternate I (Jun 2014) of 52.223-16.
XX (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).
____ (43) 52.223-20, Aerosols (June, 2016) (E.O. 13693).
____ (44) 52.223-21, Foams (June, 2016) (E.O. 13693).
____ (45) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).
____(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.
____ (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).
XX (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)).
XX (54) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (July 2013) (31 U.S.C. 3332).
____ (55) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (July 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: (Contracting Officer check as appropriate.)
_____(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).
_____ (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 (DEC 2015) (E.O. 13658).