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Hood & Duct Systems Cleaning Service

Department of the Air Force, Air Force Space Command | Published December 4, 2015  -  Deadline January 5, 2016
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The 21st Contracting Squadron, Peterson Air Force Base (AFB), Colorado announces a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, 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. This solicitation FA2517-16-T-5000 is being issued as a Request for Quotes (RFQ) to inspect, clean and remove dirt, grease and paint from specific Hood and Duct Systems located in various buildings on Peterson AFB, Colorado. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-83, 1 November 2015. This procurement is 100% small business set-aside, under the North American Industrial Classification System (NAICS) code of 561790 (Other Services to Building and Dwellings) and the size standard is $7.5 million in revenue. The Government contemplates soliciting and awarding a Firm Fixed Price (FFP) Base Year (12-months) plus with a possibility of four (4), One (1) year Option periods, and a possibility of an additional 6-month Option to extend. Description: The Contractor shall provide all labor, materials, equipment, and transportation necessary to inspect, clean, and remove dirt, grease, and paint from specific Hood and Duct Systems located in various buildings on Peterson AFB, Colorado in accordance with (IAW) Attachment 1, Hood and Duct Systems Performance Work Statement (PWS), and all applicable local, state, and federal laws/regulations. Prospective Contractor quotes shall utilize the Contract Line Item Number (CLIN) structure when preparing quotes using Attachment 2, Request for Quotes Price Template. Base Year: CLIN 0001-Period of Performance (POP) – 1 Feb 2016-31 Jan 2017 Option Year 1: CLIN 1001-POP – 1 Feb 2017-31 Jan 2018 Option Year 2: CLIN 2001-POP – 1 Feb 2018-31 Jan 2019 Option Year 3: CLIN 3001-POP – 1 Feb 2019-31 Jan 2020 Option Year 4: CLIN 4001-POP – 1 Feb 2020-31 Jan 2021 6-month Extension: CLIN 5001-POP – 1 Feb 2021-31 Aug 2021 Anticipate Award date 11 January 2016 and Start date 1 February 2016. The following provisions and clauses apply to this acquisition. All provisions and clauses regulations references are found either in the Federal Acquisition Regulation (FAR); Dept. of Defense Federal Acquisition Regulation Supplement (DFARS); Air Force Federal Acquisition Regulation Supplement (AFFARS) and may be viewed under https://www.acquisition.gov. These applicable provisions and clauses will be incorporated either by reference or in full text and made part of the contract upon award. Provision FAR 52.212-1, Instructions to Offerors-Commercial Items (Apr 2015) applies to this solicitation. Addendum to FAR 52.212-1: a. The contractor shall provide a technical proposal sufficient to determine the ability to meet the entire PWS requirement. In order to be considered technically acceptable, the Technical proposal shall include an approach which satisfies all PWS requirements and include appropriate certifications. The Technical proposal is limited to 4 pages. b. The contractor shall fill out attachment 2, Request for Quotation (RFQ) Price Template. c. Provide a copy of each employee’s NFPA Certification(s), license, and/or factory training certificate IAW NFPA 96 standards. Provision FAR 52.212-2(a) Evaluation – Commercial Items (Oct 2014), applies to this solicitation. The Offeror’s quote will be evaluated, using one or more of the techniques defined in FAR 15.404, in order to determine if it is fair and reasonable. Quotes will be evaluated based on lowest price technically acceptable. Addendum to FAR 52.212-2: a. Technical Acceptability: (1) A proposal is considered technically acceptable if all PWS requirements are satisfied. (2) Contractor shall submit a technical proposal which includes a narrative explaining the proposed schedule and required certificates and licenses. b. Price including options: (1) Price will be evaluated using attachment 2-Request for Quotations (RFQ) Price Template. The total contract price will be calculated by adding the price for both the February and August cleanings to provide a total annual cost for each CLIN. All CLINS will then be totaled providing an overall total contract value. (2) The offeror’s initial quote should contain the offeror's best terms; discounts-rebates; and price. c. The offeror with the lowest overall total contract price, including all Options and was determined to be technically acceptable will be awarded the contract. d. The Government reserves the right to award without discussion. Provision at FAR 52.212-3, Offeror Representations and Certification- Commercial Items (Nov 2015) applies to this solicitation: All interested parties must be registered and active on the Systems for Award Management (SAM) website. (https://www.sam.gov/portal/SAM/) Clause FAR 52.212-4, Contract Terms and Conditions-Commercial Items (May 2015) applies to this solicitation. Clause FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Deviation 2013-O0019), (Jul 2014) applies to this solicitation. Other Clauses and Provisions that pertain to this award are: FAR 52.204-7, System for Award Management-SAM (Jul 2013) FAR 52.204-8, Annual Representations and Certifications (Dec 2014) FAR 52.204-13, System for Award Management-SAM Maintenance (Jul 2013) FAR 52.204-16, Commercial and Government Entity Code Reporting (Jul 2015) FAR 52.204-18, Commercial and Government Entity Code Maintenance (Jul 2015) FAR 52.204-19, Incorporation by Reference of Representations and Certifications (Dec 2014) FAR 52.217-5, Evaluation of Options (Jul 1990) FAR 52.217-8, Option to Extend Services (Nov 1999) FAR 25.217-9, Option to Extend the Term of the Contract (Mar 2000) FAR 52.219-6, Notice of Total Small Business Set –Aside (Nov 2011) FAR 222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) FAR 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) as follows: Based on the Colorado (El Paso) Area Wage Determination # 2005-2079- Rev-17 (8 Jul 2015), Service Contract Act (SCA). FAR 52.223-17, Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts (May 2008) FAR 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) FAR 52.225-1, Buy American-Supplies (May 2014) FAR 52.232-1, Payments (Apr 1984) FAR 52.232-18, Availability of Funds (Apr 1984) FAR 52.232-33, Payment by Electronic Funds-System for Award Management (Jul 2013) FAR 52.233-3, Protest After Award (Aug 1996) FAR 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) FAR 52.237-1, Site Visit (Apr 1984) FAR 52.237-2, Protection of Government Buildings, Equipment, and Vegetation (Apr 1984) FAR 52.252.1, Solicitation Provisions Incorporated by Reference (Feb 1998) FAR 52.252-2, Clauses Incorporated by Reference (Feb 1998) FAR 52.252-6, Authorized Deviations in Clauses (Apr 1984) FAR 52.253-1, Computer Generated Forms (Jan 1991) DFARS Clauses: DFARS 252.203-7996 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements-Representation (Deviation 2016-O0003) (Oct 2015) DFARS 252.203-7997 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (Deviation 2016-O0003) (Oct 2015) DFARS 252.204-7004, Alt A, System for Award Management (Feb 2014) DFARS 252.204-7006, Billing Instructions (Oct 2005) DFARS 252.204.7011, Alternative Line Item Structure (Sep 2011) DFARS 252.204.7015, Disclosure of Information to Litigation Support Contractors (Feb 2014) DFARS 252.217-7012, Liability and Insurance (Aug 2003) DFARS 252.217-7015, Safety and Health (Dec 1991) DFARS 252.223-7004, Drug Free Work Force (Sep 1988) DFARS 252.223-7006, Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials- Basic (Sep 2014) DFARS 252.232-7003, Electronic Submission of Payment Request (Jun 2012) DFARS 252.232-7006, Wide Area Work Flow Payment Instructions (May 2013) DFARS 252.243-7001, Pricing of Contract Modification (Dec 1991) DFARS 252.244-7000, Subcontracts for Commercial Items (Jun 2013) DFARS 252.246-7000, Material Inspection and Receiving Report (Mar 2008) DFARS 252.246-7004, Safety of Facilities, Infrastructure & Equipment for Military Operations (Oct 2010) AFFARS Clauses: AFFARS 5352.201-9101, Ombudsman (Apr 2014) AFFARS 5352.223-9001, Health and Safety on Government Installation (Nov 2012) AFFARS 5352.242-9000, Contractor Access to Air Force Installation (Nov 2012) Defense Priorities and Allocations System (DPAS) and assigned rating do not apply. Site Visit Instructions: a. A Site Visit (weather permitting) will be conducted on 15 December 2015 at 9:00 a.m. MST. All individuals planning to attend the site visit must be pre-registered no later than 11 December 2015 by 1:00 p.m. MST. Pre-registration requires all individuals to submit on company letterhead the following: Each individual’s name, their social security number, date of birth, and a phone number to reach you in the event any changes occur for the visit. The letter with requested information is to be electronically submitted to Linda Waldroop at linda.waldroop@us.af.mil and Tracie Winfree, at tracie.winfree@us.af.mil. The Day of the Site Visit: Please arrive at least 15 minutes early at the West Gate Visitor Center, Bldg. 1334, at Peterson AFB (off Powers Blvd). All pre-registered vendors will be escorted onto the base via a Government van. Each individual must have a valid photo identification card and bring proper head covering as listed in the PWS TE-1. The Government is not responsible for anyone who does not pre-register, bring appropriate head covering or provide the appropriate documentation for access to Peterson AFB. Submit any questions regarding this RFQ, to both Linda Waldroop at linda.waldroop@us.af.mil and Tracie Winfree at tracie.winfree@us.af.mil no later than (NLT) 18 December 2015 by 1:00 p.m. MST. Request for Quotes (RFQ) due on or before 5 January 2016, 1:00 p.m. MST. Your quote must be in writing and signed by an individual with the authority to bind their respective company. All quotes may be either be emailed, or mailed to the issuing office: Emailed to linda.waldroop@us.af.mil and tracie.winfree@us.af.mil Mail RFQ to 21 CONS/LGCAB, Attention Linda Waldroop; 580 Goodfellow Street (Bldg. 1324); Peterson AFB, Colorado 80914-1648. Attachments: 1. Hood and Duct Systems PWS, dated 28 Oct 2015 2. Request for Quote (RFQ) Price Template 3. SCA/WD 2005-2079 (REV-17) (14 July 2015)

Kitchen Hood and Grease Duct Cleaning

Department of the Air Force, Direct Reporting Units | Published March 10, 2016
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Link To Document

Mowing, Janitorial, Park Cleaning, and Herbicide Application Services

Department of the Army, U.S. Army Corps of Engineers | Published January 12, 2016  -  Deadline January 27, 2016
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Pre-solicitation NoticeMowing, Janitorial, Park Cleaning, and Herbicide Application ServicesW912BV-15-R-0066 U.S. Army Corps of Engineers, Southwestern Division (SWD), Tulsa District (SWT) intends to issue a commercial solicitation, W912BV-15-R-0066 for a Mowing, Janitorial, Park Cleaning, and Herbicide Application Services at Keystone and Heyburn Lakes, Oklahoma.The solicitation will be issued as a 100% Small Business set aside. The North American Industrial Classification System (NAICS) Code is 561730 and the applicable Small Business Size Standard, as established by the U.S. Small Business Administration, is $7,500,000. The resulting contract will be issued on a Firm Fixed Price basis for a base period and 4 option periods to the responsible offeror whose offer is conforming to the requirements of the solicitation and will be most advantageous to the Government considering price, technical and past performance. The solicitation will be issued via Internet only on Feb Biz Opps Website at http://www.fbo.gov. Notification of amendments shall be made via FebBizOpps only. It is the contractors' responsibility to monitor the above-listed internet address for any posted changes. Solicitation issue date is on or about 1/19/2016. Quotes are anticipated to be due on or about 2/19/2016. Contractors must be registered and current with System for Award Management (SAM) in order to receive a Government contract award. To register, the SAM Internet address is: http://www.sam.gov. The total value of the previous contract (base and options) was $790,756.25.Any questions regarding this synopsis shall be referred to Robert Norris at 918-669-7279 or RudRobert.l.norris@usace.army.mil.    

HISTORIC TIDE GAUGE MACHINE CLEANING AND PRESERVATION

Department of Commerce, National Oceanic and Atmospheric Administration (NOAA) | Published May 22, 2015  -  Deadline June 11, 2015
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NOTICE DATE May 22, 2015 NOTICE TYPE: Pre-solicitation Notice NAICS: 811219-Other Electronic and Precision Equipment Repair and Maintenance Contracting Office: Department of Commerce, National Oceanic and Atmospheric Administration (NOAA), Eastern Region Acquisition, 200 Granby Street, Suite 815 Norfolk, VA 23510 The Department of Commerce, NOAA, National Ocean Service, Silver Spring, MD is soliciting a requirement for cleaning and preservation of a historic tide gauge machine at the NOAA Science Center. Award of a firm fixed price purchase order is anticipated utilizing Simplified Acquisition Procedures. The purchase order of the service agreement will be a Total Small Business Set Aside in accordance with FAR part 13. The associated NAICS code is 811219. The small size standard is $20.5 million. The Federal Supply Class is R425. The total period of performance for all work specified in the Statement of Work is Date of Award through September 30, 2015. Solicitation number EA-133C-15-RQ-0537 will be issued May 22, 2015 via FedBizOpps at www.FBO.gov. Amendments to the solicitation will also be provided on the Internet using the same protocol listed above. The solicitation will close June 11, 2015. The Government anticipates awarding a firm fixed price purchase order to the responsible bidder whose bid, conforming to the solicitation will be most advantageous to the Government, considering past performance and price as specified in the solicitation. All responsible sources may submit a quote in response to the posted solicitation. Quotes are to remain effective for 30 days after close of solicitation. To be eligible for award, vendors must obtain a DUNS number (this may be done by calling 1-800-333-0505) and be registered with the System for Award Management (SAM): www.sam.gov. The anticipated award date is on or about June 17, 2015. Contractors are encouraged to register with FedBizOpps Vendor Notification Service. Potential offerors may direct all inquiries pertaining to the solicitation in writing to Natasha Thieman at Natasha.Thieman@noaa.gov. Telephone requests will not be honored.

Z--Department of Veterans Affairs West Texas VA Health Care System Grease Trap Cleaning

Department of Veterans Affairs, VA West Texas Health Care System | Published August 19, 2015  -  Deadline September 1, 2015
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SECTION A - CONTRACT REQUIREMENT This is a combined synopsis/solicitation for commercial items prepared in accordance with the format specified in the Federal Acquisition Regulation Subpart 12.6, as supplemented with additional information included with this notice. This announcement constitutes the only publication; quotations are being requested and a written solicitation will not be issued. The Department of Veterans Affairs, Veterans Health Administration, West Texas VA Health Care System requires Grease Trap Cleaning services. This combined synopsis/solicitation incorporates provisions and clauses in effect through Federal Acquisition Circular 2005-83, effective August 5, 2015. The solicitation number is VA258-15-Q-0682, and is issued as a Request for Quote (RFQ). This acquisition is set-aside 100% for Small Business in accordance with FAR 19. The North American Industry Classification Code (NAICS) is 562998, All Other Miscellaneous Waste Management Services, with a small business size standard of $7.5 million. The period of performance will consist of one (1) Base Year, and up to four (4) Option Years, from 10/01/2015. This combined synopsis/solicitation is not to be construed as a commitment by the Department of Veterans Affairs (VA). The government intends to award a Firm-Fixed-Price Purchase Order, in accordance with FAR 13, and subject to the provisions and clauses listed in the formal VA solicitation format as follows. Please refer to those pages for specifications and points of contact.

Custodial Services for PAFB and CMAFS

Department of the Air Force, Air Force Space Command | Published June 19, 2015  -  Deadline July 22, 2015
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The 21st Contracting Squadron at Peterson AFB, CO hereby releases the custodial solicitation in accordance with FAR 15.205. The Government is soliciting for the award of one Indefinite Delivery, Indefinite Quantity (IDIQ) contract. Competition will be limited to HUBZone firms with the assigned NAICS. The NAICS for this acquisition is 561720, with a size standard of $18.0M. The government budget for the five-year ordering period (estimated 1 Sep 2015 - 31 Aug 2020) is estimated at $9,999,000.00. Typical task orders (TOs) will consist of custodial services at the locations listed above. Individual, firm-fixed price TOs will be issued using pricing provided on the offerors price list. The performance period of this contract shall consist of one, five-year ordering period; options will not be included. The Contractor shall provide all management, tools, equipment, and labor necessary to ensure that custodial services are performed at Peterson Air Force Base (PAFB) and Cheyenne Mountain Air Force Station (CMAFS) Colorado, in a manner that will maintain a satisfactory facility condition and present a clean, neat and professional appearance. The services to be performed include: perform special cleaning for Child Care Facilities, Medical Facilities, Fitness Centers, Administrative Areas, Emergency Clean-up/Response and Distinguished Visitor Area Cleaning. Custodial service at Peterson Air Force Base is subject to Collective Bargaining Agreement (CBA) with the Industrial, Technical and Professional Employees Union (ITPEU AFL-CIO). The CBA will not be applicable to services provided at Cheyenne Mountain Air Force Station. The successful contractor will be required to comply with Section 4(c) of the Service Contract Act and will be required to pay wages and fringe benefits to service employees at least equal to those agreed upon by predecessor contractor. NOTE: see FAR 52.222-41-Service Contract Labor Standards and FAR 52.222-43-Fair Labor Standards Act and Service Contract Labor Standards, for further information. This is a competitive acquisition to be evaluated in accordance with the evaluation criteria outlined in the solicitation. A Firm Fixed Price (FFP) Indefinite Delivery/Indefinite Quantity (IDIQ) contract will be awarded. The Government will utilize a tradeoff source selection process. Technical capability will be assessed on acceptable/unacceptable criteria. The Government's tradeoff process will be a decision based on past performance and price where past performance is approximately equal to price. Contract teaming is encouraged as prescribed under the SBA rules for Joint Ventures, Prime Contractor/Sub Contractor arrangements and the SBA, AF, or DOD Mentor-Protégé Procedures. Potential offerors are responsible for monitoring FedBizOpps to determine relevant acquisition dates. Offerors shall respond to any amendments to the solicitation. All prospective contractors must be registered in the System Awards Management System (SAM) and Wide Area Workflow (WAWF) in order to be eligible for award. All applicable solicitation documents are included in this posting. A site-visit of PAFB and CMAFS will take place on Tuesday, 7 July 2015. All attendees will meet at the visitor's center outside the PAFB west gate NLT 0800 7 Jul 2015. The government will provide transportation to the different facilities at PAFB and CMAFS. Attendees will tour PAFB in the morning with lunch en route at the PAFB Base Exchange (BX), followed by an afternoon tour at CMAFS. Attendees should plan on returning to PAFB no earlier than 4:00 P.M., 7 Jul 2015. No communication devices, recording equipment or electronic media will be allowed in designated secure areas. Attendees will be notified the day of the site visit which buildings will be toured and which buildings are designated as secure areas. Contractors should plan on using pen and paper for note taking in the designated secure areas; however, hand held calculators are allowed in secure areas. Contractors will be required to leave unauthorized items on the bus while touring designated secure areas. Due to security control, NO late requests or substitutes will be allowed to participate in the site visit. Contractors are required to provide the following by 12:01 P.M. local time on 30 Jun 2015 in order to attend the site visit: *NOT TO EXCEED ONE (1) ATTENDEE PER OFFEROR: Last Name First Name, MI SSN DOB Place of Birth Citizenship Company Address City and State Position within Company Contact Information Doe Tim, A. 123-45-6789 8 May 1964 Elko, NV USA ABC Cleaning 200 Y Street Denver, CO General Manager T@gmail.com 303-555-8000 Questions or requests for information (RFI) from the site visit are due no later than 12 July 2015, 4:00 P.M. local time. Offerors are encouraged to inspect the site where the work will be performed. NOTE: THIS WILL BE THE ONLY SITE VISIT HELD FOR THIS SOLICITATION. Additional requests for site visits will not be entertained. Firms participating in the site visit will not be directly compensated for their participation. Additional documents attached to this solicitation are the following: Attachment 1 PWS Attachment 2 PRICE LIST Attachment 3 WAGE DETERMINATION Attachment 4 WORKLOAD ESTIMATE Attachment 5 CBA Attachment 6 PAST PERFORMANCE QUESTIONNAIRE Attachment 7 QUALITY ASSURANCE SURVEILLANCE PLAN Attachment 8 CLIENT AUTHORIZATION LETTER Attachment 9 CONSENT LETTER Appendix A1 PAFB SQUARE FOOTAGE Appendix A2 CMAFS SQUARE FOOTAGE *Floor Plans and Maps will be provided to the awardee at the time of award as stated in the Performance Work Statement. Solicitation issue date is 19 June 2015 and closing date is 22 July 2015, 12:01 P.M. local time. Paper copies of this solicitation will not be provided. Any future solicitation information, if released, may be obtained through the above referenced website and the solicitation number. The Government plans to use the Federal Business Opportunities (FBO) website and e-mail as the primary means of disseminating and exchanging information. Any questions relating to this solicitation must be submitted in writing, via email ONLY, to the following: Jeremy Rash, Jeremy.Rash@us.af.mil Tina Crosby, Tina.Crosby.3@us.af.mil Troy Thomas, Troy.Thomas.11@us.af.mil

Janitorial Services

Department of Agriculture, Forest Service | Published August 6, 2016
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The White River National Forest has an upcoming requirement for Janitorial Services in the Ranger District Offices in Aspen, Carbondale, Eagle, Minturn, Rifle, and Silverthorne, CO. We intend to issue a Request for Proposal (RFP) for a 100% competitive set-aside to Small Business or possibly a sub-set based upon ongoing market research on or about 20 August, 2016. The Government anticipates evaluation factors to be a subjective tradeoff between price & past performance with past performance being somewhat more important than price. The Government intends to issue an award or awards to a single Small Business concern under a Firm-Fixed-Price (FFP) contract on or about 1 October 2016 subject to availability of funding. Services will be procured pursuant to the regulatory direction of FAR Part 12, Acquisition of Commercial Items. The expected award shall consist of one base period of performance and may include up to four optional periods of performance each 1 year in duration, following the Federal Fiscal Year and running consecutively from the expiration of the base period of performance). The NAICS code for this requirement is 561720, Janitorial Services. The Small Business Size Standard is $18,000,000.00. The successful contractor shall provide all personnel, management, tools, equipment, supplies, materials, transportation and all other items necessary (excluding Government Furnished Property) to ensure that Custodial Services are performed at the locations in a manner that will maintain a satisfactory facility condition and present a clean, neat and professional appearance, subject to the frequency schedules set out in the PWS. Facility cleaning includes restroom cleaning services and periodic cleaning services in order to meet the requirements of the PWS. The contractor shall perform the services required under this contract after normal base hours of operation r as stated in the PWS. The contractor is not required to perform services on Federal Holidays. The closing date and time for submission of offers shall be contained in the solicitation package. The entire solicitation package shall be made available only on the Federal Business Opportunities (FedBizOpps) Web Site at http://www.fedbizopps.gov/. Requests for copies of the solicitation package, or any cumulative parts thereof, by any other means shall not be honored. Potential offerors are responsible for monitoring the FedBizOpps website for the release of the solicitation package, which should be on or about 20 August 2016, for downloading their own copy of the solicitation package and for downloading their own copy of each associative amendment, if any. All firms wishing to submit a proposal subsequent to the solicitation described herein MUST be registered in the System for Award Management (SAM) database or risk their otherwise-timely proposal being considered non-responsive regardless of its completeness, timeliness or other salient considerations. Information on SAM registration can be obtained at the following web site: http://www.sam.gov. No response to this announcement is required but adding yourself to list of interested vendor is encouraged. The government will not pay for any information submitted in response to this announcement. The solicitation subsequent to this announcement may be cancelled. After solicitation and prior to award the possibility exists to reject all offers when cancellation is clearly in the public interest. This announcement does not obligate the Government to pay for any bid/proposal preparation costs.  

Linen & Laundry Services

Department of the Army, U.S. Army Medical Research Acquisition Activity | Published August 17, 2016  -  Deadline August 19, 2016
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Solicitation Number W81XWH-16-T-0275 will be issued on or about 19 August 2016 and proposals will be due on or about 26 August, 2016 @ 2:00 PM EST. The Government's requirement is to acquire Service for the pickup, cleaning and delivery to include lab coats, bulk towels, surgical wool blankets and scrubs for the Walter Reed Army Institute of Research (WRAIR), located in Silver Spring, MD. The North American Industry Classification System (NAICS) code for this procurement is 812320 with a size standard of $5,500,000. No hard copies of the solicitation will be issued by this contracting office. All interested parties can view, download and print a copy of the solicitation and any resulting amendments on or about 19 August 2016 at the following website: https://acquisition.army.mil/asfi/. In accordance with DFARS 252.204-7004, all contractors wishing to do business with the Department of Defense must be registered in the System for Award Management (SAM). SAM registration can be accomplished at the following website: www.sam.gov/. Proposals will be evaluated on a Commercial Firm Fixed Price and any resulting contract will be issued as a Firm Fixed Price Award. POC for this action is Suzanne Rogers at suzanne.m.rogers12.civ@mail.mil.  

NP-HOSP 10(4)

Department of Transportation, Federal Highway Administration (FHWA) | Published August 26, 2016  -  Deadline October 13, 2016
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Sealed bids from certified HUBZone business concerns only will be accepted for the Hot Springs National Park Project NP-HOSP 10(4), Solicitation Number DTFH71-17-B-00001, located in Garland County, Arkansas. The project consists of the spot reconstruction and pavement preservation of Hot Springs Mountain Drive and adjacent parking areas within the Hot Springs National Park. The work includes concrete pavement repairs consisting of replacing slabs and joints, cleaning and sealing joints and cracks, and the installation of separation-stabilization geotextile, as well as paved waterway construction, asphalt pavement chip sealing, and other miscellaneous work. The project will be split into multiple work schedules/contract options, with the cost of the entire project expected to fall within the price range of $500,000 to $1,000,000. Bid documents should be issued on or about September 9, 2016. Bid due date and location will be specified on the SF 1442, Block 13a of the Solicitation. Use Internet address https://www.fbo.gov/ (at QUICK SEARCH, type "EFLHD" and all available projects will be listed) to check for availability of bid documents. All bid documents can be directly downloaded from this website. Documents will no longer be mailed. Register to receive Email Notification to automatically be notified when a document is added or updated for a specific project. If firms do not register as an interested vendor at the Federal Business Opportunities website, there will be no Plan Holders List. Annual Representations and Certifications FAR 52.204-8 (Apr 2016). The Representations and Certifications must be filled-in online at http://sam.gov/. The required Annual Form Vets-4212 must also be filled-in online at http://www.dol.gov/vets/vets4212.htm per FAR 52.222-37. Please send all questions concerning construction projects to eflhd.contracts@dot.gov. Include the solicitation number, project name and number, requesting firm and address, a point of contact and telephone number. Requests for 'faxing' or overnight mailing will not be accepted. ATTENTION Minority, Women-Owned, and Disadvantaged Business Enterprises (DBEs)The Department of Transportation (DOT) offers working capital financing assistance for transportation related contracts. The DOT's Short-Term Lending Program (STLP) offers lines of credit to finance accounts receivable. Maximum line of credit is $750,000 with interest at the prime rate. For further information, call (800) 532-1169 or 202-366-1930. Internet address: http://osdbuweb.dot.gov IMPORTANT PAYMENT REQUIREMENTIn accordance with Federal Acquisition Regulation (FAR) Subpart part 4.1102, prospective contractors shall be registered in the System for Award Management (SAM) database prior to award of a contract. Also FAR clause 52.232-33 requires SAM registration for payment. SAM registration is available online at the following Internet web address: www.sam.gov. PLEASE NOTEFor security reasons, individuals requiring access to the EFLHD must present a valid photo ID and be escorted to their destination by a Government employee. Due to new security provisions, all visitors attending bid openings are urged to arrive at least 1 hour prior to the scheduled bid opening. All visitors must register with the receptionist in Room 100. A Government employee will collect the bids. Prior to bid opening, a Government employee will escort all bidders to the bid opening. Unescorted visitors will be denied entry and no exceptions will be made.

Preventative Maintenance Agreement

Department of Health and Human Services, Food and Drug Administration | Published June 2, 2015  -  Deadline June 15, 2015
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This is a combined synopsis/solicitation for commercial items prepared in accordance with the Federal Acquisition Regulation (FAR) format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. The solicitation number is FDA-SOL-1146481. This solicitation is issued as a Full and Open/Unrestricted, Request for Quote (RFQ), using the Simplified Acquisitions Procedures of FAR 13.5, Test Program for Certain Commercial Items. The solicitation documented and incorporated provisions and clauses in effect through the Federal Acquisition Circular (FAC) FAC 2005-82, Effective 07 May 2015. The associated North American Industry Classification System (NAICS) Code is - 811219 - Other Electronic and Precision Equipment Repair and Maintenance; Small Business Size Standard is $20.5M in number of dollars. The US Food & Drug Administration (FDA) intends to issue a Commercial Item Firm Fixed-Price purchase order that meets the following specifications below. Please submit all quotes to be valid until September 30, 2015. SUPPLIES OR SERVICES AND PRICES/COSTS The contractor shall fill out the following pricing sheet: CLIN Description Qty Unit of Issue Price 0001 On-site preventive maintenance service for the Waters G2 Synapt Quadrupole Time-of-Flight (Q-ToF) Liquid Chromatography Mass Spectrometer and associated software (G2SQTLC) 12 Months $ 0002 Option Year 1 - Preventative Maintenance Services 12 Months $ 0003 Option Year 2 - Preventative Maintenance 12 Months $ 0004 Option Year 3 - Preventative Maintenance 12 Months $ 0005 Option Year 4 - Preventative Maintenance 12 Months $ Total Amount $ I. Background/Intro Division of Biological Standards and Quality Control (DBSQC) serves as a Standards Preparation and Testing laboratory for CBER. DBSQC is also an ISO 17025 accredited testing laboratory of CBER. The samples deposited by Sponsors (Industry) for licensing and lot release approvals are tested in DBSQC/OCBQ/ CBER. The Waters Q-ToF instrumentation is an important tool for influenza virus vaccine, and other product research and testing, and will potentially be used for lot release in support of CBER's mission. II. Scope This SOW is for the purchase of on-site preventive maintenance service for the Waters G2 Synapt Quadrupole Time-of-Flight (Q-ToF) Liquid Chromatograph Mass Spectrometer and associated software (G2SQTLC) for DBSQC. The preventative maintenance contract is expected to be initiated as soon as the funding is awarded. The Waters Q-ToF instrumentation is an important tool used for product research and testing, and will potentially be used for lot release in support of CBER's mission. On-Site Preventative Maintenance shall include travel, labor, and parts. A. General Characteristics: MS1CA015272 - MassLynx Software Total Assurance Plan PLGS0JA01519 - SUPPLGS - S/W Benefits PLGS Total Assurance Plan with 1 PM C11QSM765A - UPQSM - UPLC QUAT SOL MGR E11SD145M - UPSMFTN - UPLC Sample Mgr-Ftn UCB308 - SYNG2MS - SYNAPT G2 • Unlimited on-site repair visits including engineer travel, labor and consumables. • Unlimited software updates and upgrades. • OEM parts and supplies, when possible, to ensure peak performance. • Unlimited hardware and software telephone support. • A minimum of one preventative maintenance visit per year. • Preventative maintenance must include necessary cleaning, adjustments, parts replacement and verification to ensure instrument is performing at a minimum of the installation specifications and documentation. • Onsite response time of 72 hours or less by a service engineer from initial phone call requesting service. Turbo pumps replacement must be included with service contract (When Applicable) B. Security Waters Corporation Service Technicians / Customer Service Representatives are required to use White Oak Center (WO) parking lot, and are required to report to the Security at WO 75 entrance, who will then contact the FDA employee. FDA employees must escort the Waters Corporation Service Technicians / Customer Service Representatives in the FDA facility. The offeror shall include sufficient details on the technical specifications in order for a determination to be made as to whether the offeror meet all the technical requirements identified in the solicitation. Place(s) of Delivery: Federal Research Center White Oak Bldg. 75 (WO75), Rm G226 10903 New Hampshire Avenue Silver Spring, MD 20993 The following FAR and HHSAR clauses apply to this acquisition. FAR clauses and provisions can be obtained at https://www.acquisition.gov/far/index.html. The provision at 52.212-1, Instructions to Offerors-Commercial Items (Apr 2014), applies to this acquisition with the following addenda to the provision. Period for Acceptance of Offers: The offeror agrees to hold the prices firm through September 30, 2015. The provision at 52.212-2, Evaluation-Commercial Items (Jan 1999), is applicable to this requirement. The specific evaluation criteria to be included in paragraph (a) of that provision are as follows: The Government will award a contract resulting from this solicitation to the responsible offeror whose proposal meets the specifications listed under Part 3 of this solicitation and is the lowest priced proposal received in response to this solicitation. Therefore, award will be made to offeror whose proposal is determined to be Lowest Price Technically Acceptable. 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. The Provision at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items (Mar 2015), applies to this acquisition. An offeror should complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. The clause at 52.212-4, Contract Terms and Conditions-Commercial Items (May 2015), applies to this acquisition with the following addenda: Invoice Submission: A. The contractor shall submit one original copy of each invoice to the address specified below: Office of Financial Services Food and Drug Administration W032- Second Floor MAIL HUB 2145 10903 New Hampshire Avenue Bldg 32, Rm# 2162, Mail Hub 2145 Silver Spring MD 20993-0002 Attn: Vendor Payments (301) 827-3742 or (866) 807-3742 fdavendorpaymentsteam@fda.gov B. Invoices submitted under this contract must comply with the requirements set forth in FAR Clauses 52.232-25 (Prompt Payment) and 52.232-33 (Payment by Electronic Funds Transfer - System for Award Management) and/or applicable Far Clauses specified herein. To constitute a proper invoice, the invoice must be submitted on company letterhead and include each of the following: (I) Name and address of the contractor; (II) Invoice Date and Invoice Number; (III) Purchase order/Award Number; (IV) Description, Quantity, Unit of Measure, Unit Price, and Extended Price Supplies Delivered or Services Performed, including: (a) Period of Performance for which costs are claimed; (b) Itemized travel costs, including origin and destination; and (c) Any other supporting information necessary to clarify questionable expenditures; (V) Shipping number and date of shipping, including the bill of lading number and weight of shipment if shipped on government bill of lading; (VI) Terms of any discount for prompt payment offered; (VII) Name and address of official to whom payment is to be sent (must be the same as that in the purchase order/award, or in a proper notice of assignment) (VIII) Name, title and phone number of person to notify in event of defective invoice; (IX) Taxpayer Identification Number (TIN); (X) Electronic Funds Transfer (EFT) banking information, including routing transit number of the financial institution receiving payment and the number of the account into which funds are to be deposited; (XI) Name and telephone number of the FDA Contracting Officer Representative (COR) or other program center/office point of contact, as referenced on the purchase order; and, (XII) Any other information or documentation required by the purchase order/award. C. QUESTIONS REGARDING INVOICES SHALL BE DIRECTED TO THE FDA AT THE TELEPHONE NUMBER PROVIDED ABOVE. The clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items (May 2015), applies to this acquisition. The following additional FAR clauses cited in the clause are applicable to the acquisition: (b) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). 52.222-21 Prohibition of Segregated Facilities (Feb 1999) 52.222-26 Equal Opportunity (Apr 2015) (E.O. 11246) 52.222-35 Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212) 52.222-36 Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513) 52.232-33 Payment by Electronic Funds Transfer- System for Award Management (Jul 2013) (31 U.S.C. 3332) FAR 52.217-5 Evaluation of Options (July 1990) FAR 52.217-9 Option to Extend the term of the Contract (Mar 2000) FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) The following HHSAR clauses apply and can be obtained at the following website: http://farsite.hill.af.mil/VFHHSAR1.html 352.202-1 Definitions (Jan 2006) 352.203-70 Anti-lobbying (Jan 2006) 352.215-70 Late proposals and revisions (Jan 2006) 352.223-70 Safety and health (Jan 2006) 352.224-70 Privacy Act (Jan 2006) 352.228-7 Insurance--Liability to third persons (Dec 1991) 352.233-71 Litigation and claims (Jan 2006) 352.242-73 Withholding of contract payments (Jan 2006) 352.242-71 Tobacco-free Facilities (Jan 2006) 352.242-74 Final decisions on audit findings (Apr 1984) 352.270-1 Accessibility of meetings, conferences and seminars to persons with disabilities (Jan 2001) The supplies delivered hereunder shall be inspected and accepted at destination by the Contracting Officer's Representative (COR) specified at award. If the supplies or services are acceptable, the COR shall promptly forward a report of inspection and acceptance to the paying office. If the supplies or services are not acceptable, the COR shall document the nonconforming items/services and immediately notify the contracting officer. The COR name will be provided at time of award. The COR is responsible for: (1) monitoring the Contractor's technical progress, including the surveillance and assessment of performance and recommending to the Contracting Officer changes in requirements; (2) interpreting the Statement of Work and any other technical performance requirements; (3) performing technical evaluation as required; (4) performing technical inspections and acceptances required by this contract; and (5) assisting in the resolution of technical problems encountered during performance. The Contracting Officer is the only person with authority to act as agent of the Government under this contract. Only the Contracting Officer has authority to: (1) direct or negotiate any changes in the contract; (2) modify or extend the period of performance; (3) change the delivery schedule; (4) authorize reimbursement to the Contractor any costs incurred during the performance of this contract; or (5) otherwise change any terms and conditions of this contract. It is the offeror's responsibility to monitor the internet site for the release of an amendment to the combined synopsis/solicitation (if any). Offerors that fail to complete the required representations and certifications, or reject the terms and conditions of the solicitation, may be excluded from consideration. All responsible sources may submit a quote, which if timely received, shall be considered. The quote shall reference solicitation number FDA-SOL-1146481. The quotes are due by email to the point of contact listed below on or before June 15, 2015 by 1:00pm ET. Please contact Corina Genson at 240-402-5352 or email at Corina.Couch@fda.hhs.gov

Microarray Printer/Spotter

Department of Health and Human Services, Food and Drug Administration | Published June 15, 2015  -  Deadline June 22, 2015
cpvs

This is a combined synopsis/solicitation for commercial items prepared in accordance with the Federal Acquisition Regulation (FAR) format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. The government intends to issue a Purchase Order in accordance with FAR PART 13.106 for the requirement herein using Simplified Acquisition Procedures. The solicitation number is FDA_15-233-1151727. This solicitation is issued as a Request for Quote (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-82, June 6, 2015. The associated North American Industry Classification System (NAICS) Code is- 334516 Analytical Laboratory Instrument Manufacturing SB Size status: 500 employees. This requirement is set aside for small business. Respondents are responsible for delivery in person, by e-mail, fax, mail or other delivery method of their complete proposal and any additional documents before 1:00 pm (Central Standard Time - Local Prevailing Time in Jefferson, Arkansas) on June 22, 2015 to howard.nesmith@fda.hhs.gov, Fax (870) 543-7990, or mail to the U. S. Food and Drug Administration, OO/OFBA/OAGS, Attention of Howard Nesmith, 3900 NCTR Road, Building 50, Room 424, Jefferson, AR 72079-9502. PLEASE NOTE - The above contact information is for the Contracting Office and not the delivery address. The delivery address is indicated in the FOB Destination section below. For information regarding this solicitation, please contact Howard Nesmith by e-Mail at howard.nesmith@fda.hhs.gov. Requirement: The U.S. Food and Drug Administration (FDA), Center for Biologics Evaluation and Research (CBER), requires a Microarray Printer/Spotter. Statement of Need: The FDA/CBER requires a temperature and humidity-controlled microarray printer/spotter to print protein and peptides onto glass slides or plastic plates in a quality assured, cold chain, automated and large-scale reproducible manner. Microarrays will be used to determine immunological response following viral infection or vaccination in human or animal models and antibody binding to different protein targets will be investigated. Minimum Technical Specifications: - Shall be an automatic device that prints using a computer interface system. - Shall be able to use pins to print both proteins and peptides on at least 28 glass substrates, as well as 2 standard microplates. - Printer head shall accommodate between 4 and 32 pins, with a preference for a 16 pin, or 4 x 4 print-head. - Shall have refrigeration to kept protein, peptide substrates, and printing deck at 4°C. - Shall include humidity control and pin cleaning capabilities. - The printer robot itself shall be enclosed, to minimize contamination and air flow variation. - Shall include a PC computer with Microsoft Windows 7 operating system, monitor, keyboard, mouse, necessary software, and interface to print the microarrays. - Shall be delivered with all necessary supplies, equipment, components, adapters, software, accessories, etc. required to seamlessly install, set-up, test and training; i.e., a turn-key system. Item #1 Microarray Printer/Spotter To meet the above Minimum Technical Specifications Quantity: One System Price: _____________________ GSA Contract Number (if applicable): ________________________ PRICE QUOTES SHALL BE FOB DESTINATION WITH IN-SIDE DELIVERY AND MUST BE INCLUSIVE OF SHIPPING, HANDLING, IN-SIDE DELIVERY, INSTALLATION, & TRAINING FOB Destination (In-Side Delivery) - U.S. Food and Drug Administration, Center for Biologics Evaluation and Research, 10903 New Hampshire Ave., Silver Spring, MD, 20993. Contract Type - Commercial Item - Firm fixed price. Contract clauses- The clause at FAR 52.212-4, Contract Terms and Conditions - Commercial Items, applies to this acquisition. (May 2015) The supplies and/or services delivered hereunder shall be inspected and accepted at destination by the contracting officer / representative (COR) specified at award. If the supplies or services are acceptable, the COR shall promptly forward a report of inspection and acceptance to the paying office. If the supplies or services are not acceptable, the COR shall document the nonconforming items/services and immediately notify the contracting officer. No advance payment will be made under the resulting order/contract. Partial payments will not be made. The following additional provisions and/or clauses apply and incorporated by reference and apply to this acquisition. Clauses and provisions can be obtained at http://www.acquisition.gov/far/ FAR Clause 52.204-4 Printed or Copied Double-Sided on Recycled Paper. (May 2011) FAR Clause 52.204-7 System for Award Management (Jul 2013) FAR Clause 52.232-40, Providing Accelerated Payment to Small Business Subcontractors (Deviation) (Dec 2013) The Contracting Officer is the only person with authority to act as agent of the Government under this contract. Only the Contracting Officer has authority to: (1) Direct or negotiate any changes in the statement of work; (2) Modify or extend the period of performance; (3) change the delivery schedule; (4) Authorize reimbursement to the Contractor any costs incurred during the performance of this contract; or (5) Otherwise change any terms and conditions of this contract. The Contracting Officer for this order is: To be completed at time of award- Name: Phone: Email: The COR is responsible for: (1) Monitoring the Contractor's technical progress, including the surveillance and assessment of performance and recommending to the Contracting Officer changes in requirements; (2) Interpreting the statement of work and any other technical performance requirements; (3) Performing technical evaluation as required; (4) Performing technical inspections and acceptances required by this contract; and (5) Assisting in the resolution of technical problems encountered during performance. The COR for this order is: To be completed at time of award- Name: Phone: Email: 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (May 2015) (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 (Dec 2014) (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). __ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509)). __ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) _X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note). __ (5) [Reserved]. __ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). __ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). _X_ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013) (31 U.S.C. 6101 note). __ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). __ (10) [Reserved]. __ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). __ (ii) Alternate I (Nov 2011) of 52.219-3. __ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). __ (ii) Alternate I (JAN 2011) of 52.219-4. __ (13) [Reserved] _X_ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644). __ (ii) Alternate I (Nov 2011). __ (iii) Alternate II (Nov 2011). __ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). __ (ii) Alternate I (Oct 1995) of 52.219-7. __ (iii) Alternate II (Mar 2004) of 52.219-7. __ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)). __ (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2014) (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 2014) of 52.219-9. __ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)). _X_ (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. 657 f). _X_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)). __ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)). __ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)). _X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). _X_ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126). _X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). _X_ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246). _X_ (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014)(38 U.S.C. 4212). _X_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). _X_ (31) 52.222-37, Employment Reports on Veterans (JUL 2014) (38 U.S.C. 4212). __ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). __ (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). __ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). __ (34) 52.222-54, Employment Eligibility Verification (AUG 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) __ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (36)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-13. __ (37)(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. __ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b). __ (39)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (JUN 2014) (E.O.s 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-16. _X_ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513). _X_ (41) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83). __ (42)(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. __ (43) 52.225-5, Trade Agreements (NOV 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _X_ (44) 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). __ (45) 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). __ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). __ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). __ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). _X_ (50) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) (31 U.S.C. 3332). __ (51) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). __ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). __ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ (54)(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). _X_ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67). __ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67). __ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014)(E.O. 13658). __ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). __ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (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 (l) of FAR clause 52.222-17. (iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015) (v) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (vi) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212). (vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (viii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212) (ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (x) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67). (xi) __(A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627). __(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627). (xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67). (xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67). (xiv) 52.222-54, Employment Eligibility Verification (AUG 2013). (xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (Executive Order 13658). (xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xviii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. Solicitation provisions- The provision at FAR 52.212-1 Instructions to Offerors - Commercial Items applies to this solicitation. The following FAR 52.212-1 addenda apply: Paragraph (b). The government is not responsible for locating or securing any information, which is not identified in the proposal. Paragraph (b)(4). Offerors shall describe their technical capability in sufficient detail such that the Government can conclusively determine that the proposed approach will meet or exceed the requirements herein. The provision at FAR 52.212-2 Evaluation-Commercial Items applies to this solicitation. The following subparagraph (a) factors apply: (i) Technical Capability. (See FAR Prevision 52.212-1 (b) (4) and addenda thereof) (ii) Price. Technical Capability (i.e., how well the offered system meet or exceed the Government's requirements) is more important than price in determining the best value to the Government though price remains a significant consideration. 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. The Provision at FAR 52.212-3, Offerors Representations and Certifications-Commercial Items, applies to this acquisition. An offeror shall complete only paragraph (b) of the provision if the offeror has completed the annual representations and certification electronically via https://www.sam.gov/portal/public/SAM/#1. If an offeror has not completed the annual representations and certifications electronically at the website, the offeror shall complete only paragraphs (c) through (o) of this provision.

Aquarium Maintenance Services

Department of Commerce, National Oceanic and Atmospheric Administration (NOAA) | Published March 12, 2015  -  Deadline March 23, 2015
cpvs

COMBINED SYNOPSIS/SOLICITATION Support Services (I) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice and in accordance with the simplified acquisition procedures authorized in FAR Part 13. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. (II) This solicitation is issued as a request for quotation (RFQ). Submit written quotes on RFQ Number NRMA0000-15-00893PMF (III) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-80. (IV) This solicitation is being issued as a SMALL BUSINESS SET-ASIDE. The associated NAICS code is 712130. The small business size standard is $6.5. (V) This combined solicitation/synopsis is for purchase of the following commercial item(s)/services: CLIN 00001: OAR Aquariums - Maintain and service 3 fish tanks - one in OAR Headquarters and two at the Department of Commerce . (VI) Description of requirements is as follows: STATEMENT OF WORK Department of Commerce National Oceanographic Atmospheric Administration Office of Oceanic and Atmospheric Research March 10, 2015 Aquarium Maintenance Services The contractor will maintain and service three saltwater - Coral Reef Environment aquariums, every three weeks, at the following locations: 1. NOAA - Office of Oceanic and Atmospheric Research, Floor 11, 1315 East West Hwy, Silver Spring MD. - 72 gallon bowfront aquarium, Saltwater - Coral Reef Environment. 2. Department of Commerce - Secretary's Office, Washington DC. - 90 gallon aquarium, Saltwater - Coral Reef Environment. 3. Department of Commerce - Deputy Secretary's Office, Washington DC. - 90 gallon aquarium, Saltwater - Coral Reef Environment. Service Plan Each aquarium service visit may include some or all of the following components, in addition to some not specified: - Observation and inspection of livestock appearance, health and behavior. - Observation and inspection of biological, chemical and physical filtration components. - Inspection of complete aquarium display for abnormalities. - Checking water chemistry parameters and adjusting system as necessary. - Saltwater exchange (15-20%) using high quality marine salt mix and purified water. - Removal of accumulated biological waste by cleaning sand bed, rockwork and filtration components. - Ensuring that all equipment is safely operating. - Aesthetic detailing (removing algae from viewing panels, resetting rockwork/sand, cleaning aquarium stand and cover.) - Reviewing and accounting for purified water supply and adjusting equipment as necessary. - Quality Control - Discussing aquarium health/appearance with NOAA staff/personnel. - Replacement of livestock, when necessary. Discuss with NOAA first before replacing livestock. Invoicing Invoice once monthly, charging per service visit. Payment will be made via direct bank deposit. Invoice separately for component and livestock purchases. Livestock costs should be based on market prices. Scheduling Scheduling is often required to access these building to admit materials to the NOAA building and the Secretary's and Deputy Secretary's offices. These are restricted areas and require communication with the office staff that coordinates visits. Parking Department of Commerce - on-site parking will have to be arranged with the security detail at the Department of Commerce on 15th Street NW. NOAA - garage parking under the main NOAA building during business hours, must arrive early. To park at the loading dock/service entrance at the rear of the NOAA building in Silver Spring during service visits or emergency visits, the loading dock hours are 6:00 am to 6:00pm. Label vehicle as commercial service vehicle to comply with security regulations. Additional Information Required All vendors must be registered in System for Award Management (SAM) at https://www.sam.gov/portal/public/SAM/ to be considered. Please provide verification of this. In addition, please provide your DUNS number on your proposal. (VII) Date(s) and place(s) of delivery and acceptance: Period of performance shall be April 1, 2015 through March 31, 2016. 1. NOAA - Office of Oceanic and Atmospheric Research, Floor 11, 1315 East West Hwy, Silver Spring MD. 2. Department of Commerce - Secretary's Office, Washington DC, and Deputy Secretary's Office, Washington DC (VII) Date(s) and place(s) of delivery and acceptance: Period of performance shall be for a period for 12-twelve months from the date of award. NOAA - Office of Oceanic and Atmospheric Research, Floor 11, 1315 East West Hwy, Silver Spring MD. Department of Commerce - Secretary's Office, Washington DC, and Deputy Secretary's Office, Washington DC (VIII) FAR 52.212-1, Instructions to Offerors -- Commercial Items (APR 2014), applies to this acquisition. This is a best value acquisition. The offerer will submit a quotation for the items in Section (V). NOTICE TO OFFERORS: Instructions for submitting quotations under this request for quote must be followed. Failure to provide all information to aid in the evaluation may be considered non-responsive. Offers that are non-responsive may be excluded from further evaluation and rejected without further notification to the quoter. In addition to written price quotes, offers are instructed to provide: 1. Submit quotations to the office specified in this solicitation at or before the time specified in the solicitation. Email quotes are acceptable and can be sent to Patricia.McBride-Finneran@noaa.gov 2. At a minimum the contractor shall provide the following information: a) Point of contact name, telephone and E-mail address. b) DUNS Number 4. Provide all evaluation criteria in accordance with 52.212-2 in this package. 5. Complete and return Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Under Any Federal Law (Class Deviation) with quote. (IX) FAR 52.212-2, Evaluation - Commercial Items (OCT 2014), applies to this acquisition. Paragraph (a) is hereby completed as follows: 1) Price: Be sure to carefully address all elements in this RFQ so that your quotation can be fully evaluated. 2) Past Performance - Your RFQ should include at least three past performance references (include names and phone numbers and point of contact). Past performance will be evaluated in terms of timeliness, customer service and general professionalism. 3) Experience - please provide summaries of experience from past services. Offers will be evaluated based on price and the factors set forth in paragraph (a), and award will be made to the firm offering the best value to the Government. (X) 52.212.3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS (MAR 2015). The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website accessed through http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) of this provision. (a) Definitions. As used in this provision- "Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 Program. "Forced or indentured child labor" means all work or service- (1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or (2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties. "Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner. "Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees. "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). "Manufactured end product" means any end product in product and service codes (PSCs) 1000 9999, except- (1) PSC 5510, Lumber and Related Basic Wood Materials; (2) Product or Service Group (PSG) 87, Agricultural Supplies; (3) PSG 88, Live Animals; (4) PSG 89, Subsistence; (5) PSC 9410, Crude Grades of Plant Materials; (6) PSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) PSC 9610, Ores; (9) PSC 9620, Minerals, Natural and Synthetic; and (10) PSC 9630, Additive Metal Materials. "Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture. "Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate- (1) Are conducted under contract directly and exclusively with the regional government of southern Sudan; (2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; (3) Consist of providing goods or services to marginalized populations of Sudan; (4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization; (5) Consist of providing goods or services that are used only to promote health or education; or (6) Have been voluntarily suspended. "Sensitive technology"- (1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically- (i) To restrict the free flow of unbiased information in Iran; or (ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and (2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)). "Service-disabled veteran-owned small business concern"- (1) Means a small business concern- (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service connected, as defined in 38 U.S.C. 101(16). "Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation. "Small disadvantaged business concern", consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that- (1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by- (i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and (ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and (2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition. "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. "Veteran-owned small business concern" means a small business concern- (1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans. "Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women. "Women-owned small business concern" means a small business concern- (1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. "Women-owned small business (WOSB) concern eligible under the WOSB Program" (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States. (b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAM website. (2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through http://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________. [Offeror to identify the applicable paragraphs at (c) through (p) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.] (c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply. (1) Small business concern. The offeror represents as part of its offer that it ?is, ?is not a small business concern. (2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it is, not a veteran-owned small business concern. (3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it is not a service-disabled veteran-owned small business concern. (4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, that it not a small disadvantaged business concern as defined in 13 CFR 124.1002. (5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it is, not a women-owned small business concern. (6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that- (i) It is, not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It is, not a joint venture that complies with the requirements of 13 CFR part 127, and the r in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: __________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation. (7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that- (i) It is, not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It is, not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: __________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation. NOTE: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold. (8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it ?is a women-owned business concern. (9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first tier subcontractors) amount to more than 50 percent of the contract price:____________________________________ (10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that- (i) It is, not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and (ii) It is, not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation. (d) Representations required to implement provisions of Executive Order 11246-(1) Previous contracts and compliance. The offeror represents that- (i) It has, not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and (ii) It has, not filed all required compliance reports. (2) Affirmative Action Compliance. The offeror represents that- (i) It has developed and has on file, has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or (ii) It has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made. (f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American- Supplies, is included in this solicitation.) (1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." The terms "commercially available off-the-shelf (COTS) item" "component," "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Supplies." (2) Foreign End Products: [List as necessary] (3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.(g)(1) Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown to have been mined, produced, or manufactured outside the United States. The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American- Free Trade Agreements-Israeli Trade Act." (ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other thanBahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act": Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: [List as necessary] (iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American-Free TradenAgreements-Israeli Trade Act." The offeror shall list asnother foreign end products those end products manufacturednin the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product."Other Foreign End Products: [List as necessary] (iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (2) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitationentitled "Buy American-Free Trade Agreements-Israeli Trade Act": Canadian End Products: [List as necessary] (3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy Trade Agreements-Israeli Trade Act": Canadian or Israeli End Products: [List as necessary] (4) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act": Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: [List as necessary] (5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.- made or designated country end product, as defined in the clause of this solicitation entitled "Trade Agreements." (ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products. Other End Products: [List as necessary] (iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation. (h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals- (1) Are, not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (2) Have, not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; (3) Are, not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and (4) Have, not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied. (i) Taxes are considered delinquent if both of the following criteria apply: (A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. (B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. (ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. (D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code). (i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).] (1) Listed end products. (2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.] [ ] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. [ ] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor. (j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly- (1) In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) Outside the United States. (k) Certificates regarding exemptions from the application of the Service Contract Labor Standards(Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.] [ ] (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror does not certify that- (i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations; (ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and (iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. [ ] (2) Certain services as described in FAR 22.1003-4(d)(1). The offeror does not certify that- (i) The services under the contract are offered and sold regularly to non- Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations; (ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii)); (iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and (iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers. (3) If paragraph (k)(1) or (k)(2) of this clause applies- (i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Labor Standards wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and (ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause. (l) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to the SAM database to be eligible for award.) (1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS). (2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(C)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN. (3) Taxpayer Identification Number (TIN). TIN: ________________________________. TIN has been applied for. TIN is not required because: Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; Offeror is an agency or instrumentality of a foreign government; Offeror is an agency or instrumentality of the Federal Government. (4) Type of organization. Sole proprietorship; Partnership; Corporate entity (not tax-exempt); Corporate entity (tax-exempt); Government entity (Federal, State, or local); Foreign government; International organization per 26 CFR 1.6049-4; Other ______________________. (5) Common parent. Offeror is not owned or controlled by a common parent; Name and TIN of common parent: Name ________________________________. TIN _________________________________. (m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan. (n) Prohibition on Contracting with Inverted Domestic Corporations.(1) 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. (2) Representation. By submission of its offer, the offeror represents that- (i) It is not an inverted domestic corporation; and (ii) It is not a subsidiary of an inverted domestic corporation. (o) Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran. (1) The offeror shall e-mail questions concerning sensitive technology to the Department of State at CISADA106@state.gov. (2) Representation and Certifications. Unless a waiver is granted or an exception applies as provided in paragraph (o)(3) of this provision, by submission of its offer, the offeror- (i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran; (ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act; and (iv) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,000 with Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC's Specially Designated Nationals and Blocked Persons List at http://www.treasury. gov/ofac/downloads/t11sdn.pdf). (3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply if- (i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable agency provision); and (ii) The offeror has certified that all the offered products to be supplied are designated country end products. (p) Ownership or Control of Offeror. (Applies in all solicitations when there is a requirement to be registered in SAM or a requirement to have a DUNS Number in the solicitation. (1) The Offeror represents that it has or does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (2) and if applicable, paragraph (3) of this provision for each participant in the joint venture. (2) If the Offeror indicates "has" in paragraph (p)(1) of this provision, enter the following information: Immediate owner CAGE code: ____________________. Immediate owner legal name: _____________________. (Do not use a "doing business as" name) Is the immediate owner owned or controlled by another entity: Yes or No. (3) If the Offeror indicates "yes" in paragraph (p)(2) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information: Highest-level owner CAGE code: __________________. Highest-level owner legal name: ___________________. (Do not use a "doing business as" name) (End of provision) Alternate I (Oct 2014). As prescribed in 12.301(b)(2), add the following paragraph (c)(11) to the basic provision: (11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.) ____ Black American. ____ Hispanic American. ____ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians). ____ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru). ____ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal). ____ Individual/concern, other than one of the preceding. The offeror shall complete the annual representations and certifications electronically in System for Award Management at https://www.sam.gov/portal/public/SAM/. (XI) The clause at FAR 52.212-4, Contract Terms and Conditions - Commercial Items (May 2014), applies to this acquisition. (XII) The clause at FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (MAR 2015) applies to this acquisition. The following clauses under subparagraph (b) apply: (6) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) (12) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (23) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (26) 52.222-3, Convict Labor (June 2003) (27) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2014) (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999) (29) 52.222-26, Equal Opportunity (Mar 2007) (31) 52.222-36, Equal Opportunity for Workers with Disabilities. (Jul 2014) (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (40) 52.225-3, Buy American Act-Free Trade Agreements - Israeli Trade Act (MAY 2014) (42) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (47) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) The following clauses under subparagraph (c) apply: (1) 52.222-41, Service Contract Act of 1965 (MAY 2014) This RFQ incorporates Wage Determination No.: 2005-2103, Revision No.: 15, Date of Revision: 12/22/2014. (http://www.wdol.gov/) (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (XIII) The following clauses are also applicable to this acquisition: 52.223-10 Waste Reduction Program. As prescribed in 23.706(a), insert the following clause: Waste Reduction Program (MAY 2011) (a) Definitions. As used in this clause- "Recycling" means the series of activities, including collection, separation, and processing, by which products or other materials are recovered from the solid waste stream for use in the form of raw materials in the manufacture of products other than fuel for producing heat or power by combustion. "Waste prevention" means any change in the design, manufacturing, purchase, or use of materials or products (including packaging) to reduce their amount or toxicity before they are discarded. Waste prevention also refers to the reuse of products or materials. "Waste reduction" means preventing or decreasing the amount of waste being generated through waste prevention, recycling, or purchasing recycled and environmentally preferable products. (b) Consistent with the requirements of section 3(e) of Executive Order 13423, the Contractor shall establish a program to promote cost-effective waste reduction in all operations and facilities covered by this contract. The Contractor's programs shall comply with applicable Federal, State, and local requirements, specifically including Section 6002 of the Resource Conservation and Recovery Act (42 U.S.C. 6962 ,et seq .) and implementing regulations (40 CFR Part 247). (End of clause) The following additional contract requirements or terms and conditions apply: 52.214-34 Submission of Offers in the English Language (Apr 1991). 52.214-35 Submission of Offers in U.S. Currency (Apr 1991). (XIV) Defense Priorities and Allocations System (DPAS) and assigned rating does not apply. (XV) Quotes are required to be received in the contracting office no later than 3:00 P.M. EST/EDT on 3/23/2015. All quotes must be faxed or emailed to the attention of Pat McBride-Finneran. The fax number is 301-713-4023 and email address is patricia.mcbride-finneran@noaa.gov (XVI) Any questions regarding this solicitation should be directed to Pat McBride-Finneran. 301-734-1239, patricia.mcbride-finneran@noaa.gov.

Aquariam Services

Department of Commerce, National Oceanic and Atmospheric Administration (NOAA) | Published March 8, 2016  -  Deadline March 21, 2016
cpvs

COMBINED SYNOPSIS/SOLICITATION Support Services (I) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice and in accordance with the simplified acquisition procedures authorized in FAR Part 13. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. (II) This solicitation is issued as a request for quotation (RFQ). Submit written quotes on RFQ Number NRMA0000-16-00587PMF (III) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-86-2. (IV) This solicitation is being issued as a SMALL BUSINESS SET-ASIDE. The associated NAICS code is 712130. The small business size standard is $6.5. (V) This combined solicitation/synopsis is for purchase of the following commercial item(s)/services: CLIN 00001: OAR Aquariums - Maintain and service 3 fish tanks - one in OAR Headquarters and two at the Department of Commerce. (VI) Description of requirements is as follows: STATEMENT OF WORK Department of CommerceNational Oceanographic Atmospheric AdministrationOffice of Oceanic and Atmospheric Research March 1, 2016 Aquarium Maintenance Services The contractor will maintain and service three saltwater - Coral Reef Environment aquariums, every three weeks, at the following locations: 1. NOAA - Office of Oceanic and Atmospheric Research, Floor 11, 1315 East West Hwy, Silver Spring MD. - 72 gallon bowfront aquarium, Saltwater - Coral Reef Environment.2. Department of Commerce - Secretary's Office, Washington DC. - 90 gallon aquarium, Saltwater - Coral Reef Environment.3. Department of Commerce - Deputy Secretary's Office, Washington DC. - 90 gallon aquarium, Saltwater - Coral Reef Environment. Service Plan Each aquarium service visit may include some or all of the following components, in addition to some not specified: - Observation and inspection of livestock appearance, health and behavior.- Observation and inspection of biological, chemical and physical filtration components.- Inspection of complete aquarium display for abnormalities.- Checking water chemistry parameters and adjusting system as necessary.- Saltwater exchange (15-20%) using high quality marine salt mix and purified water.- Removal of accumulated biological waste by cleaning sand bed, rockwork and filtration components.- Ensuring that all equipment is safely operating.- Aesthetic detailing (removing algae from viewing panels, resetting rockwork/sand, cleaning aquarium stand and cover.)- Reviewing and accounting for purified water supply and adjusting equipment as necessary.- Quality Control - Discussing aquarium health/appearance with NOAA staff/personnel.- Replacement of livestock, when necessary. Discuss with NOAA first before replacing livestock. Invoicing Invoice once monthly, charging per service visit. Payment will be made via direct bank deposit. Invoice separately for component and livestock purchases. Livestock costs should be based on market prices. Scheduling Scheduling is often required to access these building to admit materials to the NOAA building and the Secretary's and Deputy Secretary's offices. These are restricted areas and require communication with the office staff that coordinates visits. Parking Department of Commerce - on-site parking will have to be arranged with the security detail at the Department of Commerce on 15th Street NW. NOAA - garage parking under the main NOAA building during business hours, must arrive early. To park at the loading dock/service entrance at the rear of the NOAA building in Silver Spring during service visits or emergency visits, the loading dock hours are 6:00 am to 6:00pm. Label vehicle as commercial service vehicle to comply with security regulations. Additional Information Required All vendors must be registered in System for Award Management (SAM) at https://www.sam.gov/portal/public/SAM/ to be considered. Please provide verification of this. In addition, please provide your DUNS number on your proposal. (VII) Date(s) and place(s) of delivery and acceptance: Period of performance shall be April 1, 2016 through March 31, 2017. 1. NOAA - Office of Oceanic and Atmospheric Research, Floor 11, 1315 East West Hwy, Silver Spring MD.2. Department of Commerce - Secretary's Office, Washington DC, and Deputy Secretary's Office, Washington DC (VII) Date(s) and place(s) of delivery and acceptance: Period of performance shall be for a period for 12-twelve months from the date of award. NOAA - Office of Oceanic and Atmospheric Research, Floor 11, 1315 East West Hwy, Silver Spring MD. Department of Commerce - Secretary's Office, Washington DC, and Deputy Secretary's Office, Washington DC (VIII) FAR 52.212-1, Instructions to Offerors -- Commercial Items (Oct 2015), applies to this acquisition. This is a best value acquisition. The offerer will submit a quotation for the items in Section (V). NOTICE TO OFFERORS: Instructions for submitting quotations under this request for quote must be followed. Failure to provide all information to aid in the evaluation may be considered non-responsive. Offers that are non-responsive may be excluded from further evaluation and rejected without further notification to the quoter. In addition to written price quotes, offers are instructed to provide: 1. Submit quotations to the office specified in this solicitation at or before the time specified in the solicitation. Email quotes are acceptable and can be sent to Patricia.McBride-Finneran@noaa.gov2. At a minimum the contractor shall provide the following information:a) Point of contact name, telephone and E-mail address.b) DUNS Number4. Provide all evaluation criteria in accordance with 52.212-2 in this package.5. Complete and return Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Under Any Federal Law (Class Deviation) with quote. (IX) FAR 52.212-2, Evaluation - Commercial Items (OCT 2014), applies to this acquisition. Paragraph (a) is hereby completed as follows: 1) Technical approach and experience - Demonstrate understanding of the requirements and the work to be performed; ability to provide the personnel needed; the ability to successfully manage the requirements of the Statement of Work, and summaries of experience from past services.2) Past Performance - Your RFQ should include at least three current past performance references (include names and phone numbers and point of contact). Past performance will be evaluated in terms of timeliness, customer service and general professionalism.3) Price Be sure to carefully address all elements in this RFQ so that your quotation can be fully evaluated. Offers will be evaluated based on the factors set forth in paragraph (a), and award will be made to the firm offering the best value to the Government. (X) 52.212.3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS (NOV 2015).52.212-3 Offeror Representations and Certifications-Commercial Items.As prescribed in 12.301(b)(2), insert the following provision: Offeror Representations and Certifications-Commercial Items (NOV 2015) The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website accessed through http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) of this provision. (a) Definitions. As used in this provision- "Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program."Forced or indentured child labor" means all work or service-(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties."Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner."Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees."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). "Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except-(1) PSC 5510, Lumber and Related Basic Wood Materials;(2) Product or Service Group (PSG) 87, Agricultural Supplies; (3) PSG 88, Live Animals; (4) PSG 89, Subsistence; (5) PSC 9410, Crude Grades of Plant Materials;(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) PSC 9610, Ores; (9) PSC 9620, Minerals, Natural and Synthetic; and (10) PSC 9630, Additive Metal Materials. "Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture."Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate-(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; (3) Consist of providing goods or services to marginalized populations of Sudan;(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization; (5) Consist of providing goods or services that are used only to promote health or education; or(6) Have been voluntarily suspended."Sensitive technology"-(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically-(i) To restrict the free flow of unbiased information in Iran; or(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)). "Service-disabled veteran-owned small business concern"-(1) Means a small business concern-(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16). "Small business concern" means a concern, including its affiliates,that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation."Small disadvantaged business concern", consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that-(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by-(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition."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."Veteran-owned small business concern" means a small business concern-(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans."Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women."Women-owned small business concern" means a small business concern-(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and(2) Whose management and daily business operations are controlled by one or more women."Women-owned small business (WOSB) concern eligible under the WOSB Program" (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.(b)(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAM website. (2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through http://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________. [Offeror to identify the applicable paragraphs at (c) through (p) of this provision that the offeror has completed for the purposes of this solicitation only, if any.These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.] (c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.(1) Small business concern. The offeror represents as part of its offer that it □ is, □ is not a small business concern. (2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a veteran-owned small business concern. (3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it o is, o is not a service-disabled veteran-owned small business concern. (4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, that it □ is, □ is not a small disadvantaged business concern as defined in 13 CFR 124.1002. (5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is, □ is not a women-owned small business concern. (6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that-(i) It □ is,□ is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: __________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that-(i) It □ is, □ is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: __________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation. Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold. (8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is a women-owned business concern. (9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:____________________________________ (10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that- (i) It □ is, □ is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.(d) Representations required to implement provisions of Executive Order 11246-(1) Previous contracts and compliance. The offeror represents that-(i) It □ has, □ has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and(ii) It □ has,  has not filed all required compliance reports. (2) Affirmative Action Compliance. The offeror represents that- (i) It □ has developed and has on file, □ has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 cfr parts 60-1 and 60-2), or(ii) It □ has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made. (f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American-Supplies, is included in this solicitation.) (1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." The terms "commercially available off-the-shelf (COTS) item" "component," "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Supplies." (2) Foreign End Products:Line Item No. Country of Origin______________ _______________________________ _______________________________ _________________[List as necessary] (3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (g)(1) Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act."(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:Line Item No. Country of Origin______________ _______________________________ _______________________________ _________________[List as necessary] (iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." Other Foreign End Products:Line Item No. Country of Origin______________ _______________________________ _______________________________ _________________[List as necessary] (iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (2) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":Canadian End Products:Line Item No._____________________________________________________________________________________________________________________[List as necessary] (3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":Canadian or Israeli End Products:Line Item No. Country of Origin______________ _______________________________ _______________________________ _________________[List as necessary] (4) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:Line Item No. Country of Origin______________ _______________________________ _______________________________ _________________[List as necessary] (5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled "Trade Agreements."(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.Other End Products:Line Item No. Country of Origin______________ _______________________________ _______________________________ _________________[List as necessary] (iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation. (h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals- (1) □ Are, □ are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;(2) □ Have, □ have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property;(3) □ Are, □ are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and(4) □ Have, □ have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.(i) Taxes are considered delinquent if both of the following criteria apply:(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. (B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. (ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.(D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code).(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at .] (1) Listed end products. Listed End Product Listed Countries of Origin___________________ ______________________________________ ___________________(2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.] □ (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product.□ (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor.(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly- (1) □ In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or(2) □ Outside the United States.(k) Certificates regarding exemptions from the application of the Service Contract Labor Standards(Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.] □ (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror □ does □ does not certify that- (i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations;(ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and (iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. □ (2) Certain services as described in FAR 22.1003-4(d)(1). The offeror □ does □ does not certify that- (i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations;(ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii)); (iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and(iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers. (3) If paragraph (k)(1) or (k)(2) of this clause applies-(i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Labor Standards wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and (ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause.(l) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to the SAM database to be eligible for award.) (1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS). (2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN. (3) Taxpayer Identification Number (TIN). □ TIN: ________________________________.□ TIN has been applied for.□ TIN is not required because:□ Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;□ Offeror is an agency or instrumentality of a foreign government;□ Offeror is an agency or instrumentality of the Federal Government.(4) Type of organization. □ Sole proprietorship;□ Partnership;□ Corporate entity (not tax-exempt);□ Corporate entity (tax-exempt);□ Government entity (Federal, State, or local);□ Foreign government;□ International organization per 26 CFR 1.6049-4;□ Other ________________________________.(5) Common parent. □ Offeror is not owned or controlled by a common parent;□ Name and TIN of common parent:Name ________________________________.TIN _________________________________.(m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan. (n) Prohibition on Contracting with Inverted Domestic Corporations.(1) 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. (2) Representation. The Offeror represents that- (i) It □ is, □ is not an inverted domestic corporation; and(ii) It □ is, □ is not a subsidiary of an inverted domestic corporation.(o) Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran. (1) The offeror shall e-mail questions concerning sensitive technology to the Department of State at CISADA106@state.gov. (2) Representation and Certifications. Unless a waiver is granted or an exception applies as provided in paragraph (o)(3) of this provision, by submission of its offer, the offeror- (i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran;(ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act; and(iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,500 with Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC's Specially Designated Nationals and Blocked Persons List at http://www.treasury.gov/ofac/downloads/t11sdn.pdf). (3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply if-(i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable agency provision); and (ii) The offeror has certified that all the offered products to be supplied are designated country end products.(p) Ownership or Control of Offeror. (Applies in all solicitations when there is a requirement to be registered in SAM or a requirement to have a DUNS Number in the solicitation.(1) The Offeror represents that it o has or o does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (2) and if applicable, paragraph (3) of this provision for each participant in the joint venture. (2) If the Offeror indicates "has" in paragraph (p)(1) of this provision, enter the following information:Immediate owner CAGE code: ____________________.Immediate owner legal name: _____________________.(Do not use a "doing business as" name)Is the immediate owner owned or controlled by another entity: □ Yes or □ No.(3) If the Offeror indicates "yes" in paragraph (p)(2) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:Highest-level owner CAGE code: __________________.Highest-level owner legal name: ___________________.(Do not use a "doing business as" name)(End of provision)Alternate I (Oct 2014). As prescribed in 12.301(b)(2), add the following paragraph (c)(11) to the basic provision: (11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)____ Black American.____ Hispanic American.____ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).____ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).____ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).____ Individual/concern, other than one of the preceding. The offeror shall complete the annual representations and certifications electronically in System for Award Management at https://www.sam.gov/portal/public/SAM/. (XI) The clause at FAR 52.212-4, Contract Terms and Conditions - Commercial Items (May 2015), applies to this acquisition. (XII) The clause at FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (FEB 2016) applies to this acquisition. The following clauses under subparagraph (b) apply: (10) 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended or Proposed for Debarment (Aug 2013)(12) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011)(16) 52.219-13, Notice of Set-Aside of Orders (NOV 2011)(23) 52.219-28, Post Award Small Business Program Rerepresentation (JUL 2013) (28) 52.222-3, Convict Labor (JUNE 2003) (29) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (FEB 2016) (30) 52.222-21, Prohibition of Segregated Facilities (APR 2015) (31) 52.222-26, Equal Opportunity (APR 2015) (36) 52.222-36, Equal Opportunity for Workers with Disabilities. (Jul 2014)(38) 52.233-15 Energy Efficiency in Energy-Consuming Products (DEC 2007)(40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (41) 52.225-1 Buy American - Supplies (MAY 2014)(50) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (JUL 2013) The following clauses under subparagraph (c) apply: (1) 52.222-41, Service Contract Act of 1965 (MAY 2014) This RFQ incorporates Wage Determination No.: 2015-2103, Revision No.: 2, Date of Revision: 12/29/2015. (http://www.wdol.gov/) (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (XIII) The following clauses are also applicable to this acquisition: 52.232.39 Unenforceability of Unauthorized Obligations (JUNE 2013)(a) Except as stated in paragraph (b) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern: (1) Any such clause is unenforceable against the Government.(2) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

P/ACE MDQ Capillary Electrophoresis System Service Contract

Department of Health and Human Services, Food and Drug Administration | Published May 27, 2015  -  Deadline June 3, 2015
cpvs

This is a combined synopsis/solicitation for commercial items prepared in accordance with the Federal Acquisition Regulation (FAR) format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. The government intends to issue a Contract/Purchase Order in accordance with FAR PART 13.106 for the requirement herein using Simplified Acquisition. The solicitation number is FDA_15-233-1149172. This solicitation is issued as a Request for Quote (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-82, May 7, 2015. The associated North American Industry Classification System (NAICS) Code is- 811219 - Other Electronic and Precision Equipment Repair and Maintenance; Size standards $19 million. The requirement is set aside for small business. Respondents are responsible for delivery in person, by e-mail, fax, mail or other delivery method of their complete proposal and any additional documents before 1:00 pm (Central Standard Time - Local Prevailing Time in Jefferson, Arkansas) on June 3, 2015 to howard.nesmith@fda.hhs.gov, Fax (870) 543-7990, or mail to the U. S. Food and Drug Administration, OO/OFBA/OAGS, Attention of Howard Nesmith, 3900 NCTR Road, Building 50, Room 424, Jefferson, AR 72079-9502. PLEASE NOTE - The above contact information is for the Contracting Office and not the delivery address. The delivery address is indicated in the FOB Destination section below. For information regarding this solicitation, please contact Howard Nesmith by e-Mail at howard.nesmith@fda.hhs.gov. Statement of Need: The U.S. Food and Drug Administration (FDA), Center for Biologics Evaluation and Research (CBER), requires a Service Contract to ensure continued and uninterrupted operation for a P/ACE MDQ Capillary Electrophoresis System comprised of capillary system, signal detectors, photo-diode array (PDA), UV detector, and Laser Induced Fluorescence detector (LIF). Background: The P/ACE MDQ is being utilized to develop ligands for detection of pathogen biomarkers and for the development of aptamers using the capillary electrophoresis method. This system was previously covered by a service agreement with Beckman Coulter Inc., which expired May 31, 2011. Minimum Technical Requirements/Specification: • All maintenance and repair activities shall be performed by formally trained and certified technicians/engineers. All repairs and Preventative Maintenance (PM) services shall be performed following Original Equipment Manufacturer (OEM specifications, manuals, and service bulletins, using OEM replacement parts, components, subassemblies, etc. • Proposed pricing for all necessary repairs and PM services shall be inclusive of labor, travel, replacement parts, components, subassemblies, etc. • Contractor shall provide on-site corrective/remedial repair visits during normal business hours within 3 business days of call for service (for issues that can't be resolved remotely via phone or Internet). • The service plan shall include at least one (1) on-site PM visit per year. • At a minimum, the routine PM service shall include: cleaning, inspection, performance testing, calibration, and engineering modifications/updates • Shall include unlimited technical support (e.g., telephone-based, email-based, website-based, etc.), Mondays - Fridays (excluding Federal Holidays) between the hours of 7:00 AM - 5:00 PM Eastern Time. • Shall include unlimited software and firmware updates • Deliverables: Service Records and Reports: The Contractor shall, commensurate with the completion of each service call or preventative maintenance visit, provide the end-user of the equipment and the Contracting Officer with a copy of a field service report/ticket identifying the equipment name, manufacturer, model number, and serial number of the equipment being serviced/repaired and detailing the reason for the service call, a detailed description of the work performed, the test instruments or other equipment used to affect the repair or otherwise perform the service, the name(s) and contact information of the technician who performed the repair/service, and for information purposes, the on-site hours expended and parts/components replaced. Offerors are afforded the opportunity to inspect the system by contacting the Contract Specialist/Contracting Officer identified herein to schedule an appointment. Failure to inspect the system will not relieve the successful offeror from fully meeting the requirements of the resulting contract at the price offered. Item #1 (Base Period)* Service Maintenance Contract P/ACE MDQ Capillary Electrophoresis System Make: Beckman Coulter Model: P/ACE MDQ Serial Number: 3061872 Make: Beckman Coulter Model: LIF 488 MDQ Serial Number: 727620AE0610130002 Period of Performance: June 22, 2015 - June 21, 2016 Quantity: 12 Unit: MO Monthly Unit Price: ______________________ Extended Price: ______________________ GSA Contract Number: __________________ (if applicable) Item #2 Option Period #1 - Service Maintenance Contract P/ACE MDQ Capillary Electrophoresis System Period of Performance: June 22, 2016 - June 21, 2017 Quantity: 12 Unit: MO Monthly Unit Price: ______________________ Extended Price: ______________________ GSA Contract Number: __________________ (if applicable) Item #3 Option Period #2 - Service Maintenance Contract P/ACE MDQ Capillary Electrophoresis System Period of Performance: June 22, 2017 - June 21, 2018 Quantity: 12 Unit: MO Monthly Unit Price: ______________________ Extended Price: ______________________ GSA Contract Number: __________________ (if applicable) Item #4 Option Period #3 - Service Maintenance Contract P/ACE MDQ Capillary Electrophoresis System Period of Performance: June 22, 2018 - June 21, 2019 Quantity: 12 Unit: MO Monthly Unit Price: ______________________ Extended Price: ______________________ GSA Contract Number: __________________ (if applicable) Item #5 Option Period #4 - Service Maintenance Contract P/ACE MDQ Capillary Electrophoresis System Period of Performance: June 22, 2019 - June 21, 2020 Quantity: 12 Unit: MO Monthly Unit Price: ______________________ Extended Price: ______________________ GSA Contract Number: __________________ (if applicable) Equipment Location: U.S. Food and Drug Administration, Center for Biologics Evaluation and Research, 10903 New Hampshire Ave, Silver Spring, MD, 20899. Contract Type - Commercial Item - Firm fixed price. An official authorized to bind the Offeror must sign the terms and conditions of the offer. Offerors that fail to furnish required representations and certifications, or reject the terms and conditions of the solicitation, may be excluded from consideration. Contract clauses- The clause at FAR 52.212-4, Contract Terms and Conditions - Commercial Items, applies to this acquisition. FAR 52.232-40, Providing Accelerated Payment to Small Business Subcontractors (Deviation) The supplies and/or services delivered hereunder shall be inspected and accepted at destination by the contracting officer / representative (COR) specified at award. If the supplies or services are acceptable, the COR shall promptly forward a report of inspection and acceptance to the paying office. If the supplies or services are not acceptable, the COR shall document the nonconforming items/services and immediately notify the contracting officer. No advance payment will be made under the resulting order/contract. Services shall be billed no more frequently than monthly in arrears. The following additional provisions and/or clauses apply and incorporated by reference and apply to this acquisition. Clauses and provisions can be obtained at http://www.acquisition.gov/far/ FAR Clause 52.204-4 Printed or Copied Double-Sided on Recycled Paper. (May 2011) FAR Clause 52.204-7 System for Award Management (Jul 2013) FAR Clause 52.217-8 Option to Extend Services (Nov 1999) ... within 1 day of contract expiration FAR Clause 52.217-9 Option to Extend the Term of the Contract (Mar 2000) (a) ... within 1 day of contract expiration; .... at least 15 days before the contract expires... (c) ...shall not exceed 5 years...Exclusive of any extension under FAR Clause 52.217-8 FAR Clause 52.232-40, Providing Accelerated Payment to Small Business Subcontractors (Deviation) (Dec 2013) The Contracting Officer is the only person with authority to act as agent of the Government under this contract. Only the Contracting Officer has authority to: (1) Direct or negotiate any changes in the statement of work; (2) Modify or extend the period of performance; (3) change the delivery schedule; (4) Authorize reimbursement to the Contractor any costs incurred during the performance of this contract; or (5) Otherwise change any terms and conditions of this contract. To be completed at time of award: Name: Phone: Email: The COR is responsible for: (1) Monitoring the Contractor's technical progress, including the surveillance and assessment of performance and recommending to the Contracting Officer changes in requirements; (2) Interpreting the statement of work and any other technical performance requirements; (3) Performing technical evaluation as required; (4) Performing technical inspections and acceptances required by this contract; and (5) Assisting in the resolution of technical problems encountered during performance. The COR for this order is: to be completed at time of award. Name: Phone: Email: 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (May 2015) (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 (Dec 2014) (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, 108-78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: ___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). ___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509). ___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009). _X_ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note). ___ (5) [Reserved] ___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). ___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). _X_ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) (31 U.S.C. 6101 note). ___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). ___ (10) [Reserved] ___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). ___ (ii) Alternate I (Nov 2011) of 52.219-3. ___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a). ___ (ii) Alternate I (Jan 2011) of 52.219-4. ___ (13) [Reserved] _X_ (14) (i) 52.219-6, Notice of Total Small Business 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 2014) (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 2014) of 52.219-9. ___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)). ___ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). ___ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). ___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f). _X_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)). ___ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)). ___ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)). _X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). ___ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126). _X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). _X_ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246). ___ (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212). _X_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). ___ (31) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212). ___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). ___ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). ___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627). ___ (34) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) ___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ___ (36) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514 ___ (ii) Alternate I (Jun 2014) of 52.223-13. ___ (37) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514). ___ (ii) Alternate I (Jun 2014) of 52.223-14. __ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). ___ (39) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Jun 2014) (E.O.s 13423 and 13514). ___ (ii) Alternate I (Jun 2014) of 52.223-16. _X_ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513). ___ (41) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83). ___ (42) (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. ___ (43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). ___ (44) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). ___ (45) 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). ___ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). ___ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ___ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)). ___ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). _X_ (50) 52.232-33, Payment by Electronic Funds Transfer- System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (51) 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). ___ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). ___ (54) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). ___ (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items: ___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495) ___ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.). ___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). ___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67). ___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). _X_ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67). ___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67). ___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E.O. 13658). ___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). ___ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (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 (Apr 2015) (E.O. 11246). (vi) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212). (vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (viii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212). (ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67). (xi) ____ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). ___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627). (xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.) (xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67) (xiv) 52.222-54, Employment Eligibility Verification (Aug 2013). (xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E.O. 13658). (xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xviii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. Solicitation Provisions The provision at FAR 52.212-1 Instructions to Offerors - Commercial Items applies to this solicitation. The following FAR 52.212-1 addenda apply: Paragraph (b). The government is not responsible for locating or securing any information, which is not identified in the proposal. Paragraph (b). This solicitation is being issued under the premise that the Contractor will certify that the combination of equipment/service it will propose to fulfill this requirement is exempt from the Service Contract Act per the conditions set forth in FAR 52.222-48 & FAR 22.1003-4(c). If this is the case and the Contractor certifies that is exempt under the terms and conditions of 52.222-48, then clause 52.222-51 will flow per usual from this solicitation to the resulting order. In the event that a Contractor does not make this certification, traditional Service Contract Act clauses 52.222-41, and 52.222-43 shall be included in the resulting order award as well as Wage Determination WD 05-2103 (Rev.-15): http://www.wdol.gov/wdol/scafiles/std/05-2103.txt?v=15 Paragraph (b)(4). To ensure information is available, offerors shall furnish as part of their proposal all descriptive material necessary for the government to conclusively determine the technical approach will result in services that meet or exceed the Government's requirements. Paragraph (b)(8) Representations and Certifications- In addition to completing the representations and certifications at FAR 52.212-3(b), the Contractor's quote shall also clearly show that the Contractor has selected the appropriate certification under FAR 52.222-48. Paragraph (b)(10). Recent is defined as within the last 3 years. FAR CLAUSE 52.222-48 EXEMPTION FROM APPLICATION OF THE SERVICE CONTRACT ACT TO CONTRACTS FOR MAINTENANCE, CALLIBRATION, OR REPAIR OF CERTAIN EQUIPMENT CERTIFICATION (a) The offeror shall check the following certification: CERTIFICATION The offeror [ ] does [ ] does not certify that- (1) The items of equipment to be serviced under this contract are used regularly for other than Government purposes, and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontractor) in substantial quantities to the general public in the course of normal business operations; (2) The services will be furnished at prices which are, or are based on, established catalog or market prices for the maintenance, calibration, or repair of equipment. (i) An "established catalog price" is a price included in a catalog, price list, schedule, or other form that is regularly maintained by the manufacturer or the offeror, is either published or otherwise available for inspection by customers, and states prices at which sales currently, or were last, made to a significant number of buyers constituting the general public. (ii) An "established market price" is a current price, established in the usual course of trade between buyers and sellers free to bargain, which can be substantiated from sources independent of the manufacturer or offeror; and (3) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract are the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. (b) Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services. If the offeror certifies to the conditions in paragraph (a) of this provision, and the Contracting Officer determines in accordance with FAR 22.1003-4(c)(3) that the Service Contract Act- (1) Will not apply to this offeror, then the Service Contract Act of 1965 clause in this solicitation will not be included in any resultant contract to this offeror; or (2) Will apply to this offeror, then the clause at 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements, in this solicitation will not be included in any resultant contract awarded to this offeror, and the offeror may be provided an opportunity to submit a new offer on that basis. (c) If the offeror does not certify to the conditions in paragraph (a) of this provision- (1) The clause in this solicitation at 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements, will not be included in any resultant contract awarded to this offeror; and (2) The offeror shall notify the Contracting Officer as soon as possible, if the Contracting Officer did not attach a Service Contract Act wage determination to the solicitation. (d) The Contracting Officer may not make an award to the offeror, if the offeror fails to execute the certification in paragraph (a) of this provision or to contact the Contracting Officer as required in paragraph (c) of this provision. The provision at FAR 52.212-2 Evaluation-Commercial Items is applicable to this solicitation. The following subparagraph (a) factors apply: (i) Technical Approach (See FAR Provision 52.212-1 (b) (4) and addenda thereto) (ii) Past Performance (see FAR Provision 52.212-1(b)(10) and addenda thereto) (iii) Price Technical Approach (i.e., how well the proposed approach meets or exceeds the Government's requirements) and Past Performance (what was performed and how well it was performed), when combined, are more important than price in determining the best value to the government though price remains a significant consideration. Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). 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. The Provision at FAR 52.212-3, Offerors Representations and Certifications-Commercial Items, (Mar 2015) applies to this acquisition. An offeror shall complete only paragraph (b) of the provision if the offeror has completed the annual representations and certification electronically via https://www.sam.gov/portal/public/SAM/#1 . If an offeror has not completed the annual representations and certifications electronically at the website, the offeror shall complete only paragraphs (c) through (o) of this provision. It is the offeror's responsibility to monitor the internet site for the release of an amendment to the combined synopsis/solicitation (if any).

Annual Onsite Laboratory Pipette Preventative Maintenance and Calibration

Department of Health and Human Services, Food and Drug Administration | Published May 11, 2015  -  Deadline May 21, 2015
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This is a combined synopsis/solicitation for commercial items prepared in accordance with the Federal Acquisition Regulation (FAR) format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. The government intends to issue a Purchase Order in accordance with FAR PART 13.106 for the requirement under Simplified Acquisition Procedures. The solicitation number is 1147283 and this solicitation is issued as a Request for Quote (RFQ). RESPONSE DATE: 08/15/2013 The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-82 effective May 7, 2015. The associated North American Industry Classification System (NAICS) Code is 811219-Laboratory Instrument Repair and Maintenance Services; FSC Code is J066. Small Business Size Standard is $20.5 Million. Acquisition is a small business set-aside. Contract Type: Commercial Item-Firm Fixed Price. Annual Onsite Laboratory Pipette Preventative Maintenance and Calibration Requirements: Contractor shall provide two (2) onsite maintenance visits on an annual basis, the first visit being within 30 days of order issuance with the second visit occurring at least two weeks prior to 180 days thereafter, located at 10903 New Hampshire Ave., Silver Spring, MD 20993, to calibrate numerous 1, 8 and 12 channel pipettes. The contractor shall provide calibration of the pipettes in accordance with ISO 17025 standard. The contractor shall maintain current ISO 17025 accreditation for the entire duration of the order, including any option periods. Refer to Attachment #1, Master Pipette List, for specific details, i.e. make, model, use, type, on pipettes to be maintained and calibrated. This list is subject to change, but will be updated by the Government and provided to the Contractor at least thirty (30) days before each scheduled maintenance visit. The change in quantities throughout the contract will not be more than 20% + or 10% - the quantities provided in Attachment #1. The Contractor will be provided all pipettes requiring maintenance and calibration during each visit upon their arrival onsite. The pipettes will be provided in "as-is" condition as received from the laboratories where used, and may require charging, consumable replacements, etc. For multi-channel pipettes, the Contractor shall perform calibration of each channel using the same procedure as used for a single channel pipette. Environmental Considerations Temperature of the pipettes, the rooms, the purified water, and the balance to be used for calibration shall be stable (± 5 ◦C). The temperature shall be measured using a National Institute of Standards and Technology (NIST) traceable thermometer capable of displaying the temperature to 0.1◦C. This value of temperature shall be inserted in the formula where "T" is used in calculations (see Calculations). The ambient relative humidity shall be between 35 to 75%. The humidity shall be ascertained with a NIST traceable hygrometer capable of displaying the humidity within 0.1% RH. This measurement shall be inserted in the formula where "H" is used in calculations (see Calculations).The Contractor shall provide the balances and other devices necessary for the conduct of pipette calibrations. Contractor shall use a 5-decimal place-balance to calibrate pipettes of nominal volume 5 µL or less. Contractor shall use a 4-decimal place-balance for pipettes of larger nominal volumes. The balances used by the Contractor shall be appropriately calibrated and checked against NIST traceable weights to ensure proper function and reliability. The Contractor shall measure the barometric air pressure directly or obtain from a credible local weather service or a national weather website. This value shall be inserted in the formula where "P" is used in calculations (see Calculations). The Contractor shall notify the Contracting Officer's Representative (COR) or designee immediately upon discovery of adverse readings. Pre-calibration or "as found" Measurement At the time of the scheduled calibration, a pre-calibration measurement or pipettes in "as found" condition shall be performed to assess the calibration status of a pipette following the procedure stated below in the "calibration procedure" section. Each pipette requiring calibration shall meet the applicable acceptance criteria for Inaccuracy and Imprecision (Table 1) to pass pre-calibration or calibration testing in "as found" condition. Adjustable volume pipettes shall be tested for performance check before calibration by ten (10) consecutive measurements each at three (3) volumes (the Minimum Working Volume, 50% Nominal Volume, and the Nominal Volume) for the pipette following the procedure described. Fixed volume pipettes shall also be tested before calibration by ten (10) consecutive measurements at its nominal volume following the procedure described in the calibration procedure. If a pipette fails pre-calibration (in "as found" condition), the Contractor shall immediately repair it, if deemed repairable, before performing preventative maintenance and calibration. When a pipette is determined to be irreparable or does not meet the acceptance criteria listed in Table 1, even after efforts are made to repair it, a "Not in Operation" label shall be affixed and returned to the COR. Preventive Maintenance Following pre-calibration ("as found") testing, and after the pre-calibration test results meet the acceptance criteria in Table 1, routine preventative maintenance shall be performed as per pipette manufacturers' instructions. This includes disassembling the pipette, cleaning all parts, and replacing defective parts and seals (including consumables such as batteries, ejectors, pistons, o-rings, filters, shafts, etc.), as applicable. The piston shall be re-greased (grease also provided by the Contractor), where vacuum grease is the seal. Calibration Procedure Each pipette shall then be calibrated with ten (10) consecutive measurements at three (3) volumes. The Calibration Volumes of an adjustable volume pipette shall be its Minimum Working Volume, 50% Nominal Volume and the Nominal Volume. For a fixed volume pipette the Calibration Volume shall be its Nominal Volume. Contractor shall place a weighing vessel on the weight tray of the analytical balance. Contractor shall pre-rinse a fresh tip with deionized water (water source provided onsite by the FDA). Contractor shall tare the balance. Contractor shall draw up purified water and dispense into the weighing vessel. Contractor shall record the weight from the balance. Using the same tip, the contractor shall repeat the calibration steps until ten (10) consecutive, replicate measurements have been taken for each channel to reduce variability. For adjustable volume pipettes, contractor shall change the pipette tip and repeat calibration steps with the remaining required Calibration Volumes. Contractor shall calculate values of Imprecision and Inaccuracy at each Calibration Volume using appropriate software or formulae as follows: Calculations 1.1 Parameters: Wi = Weight of test liquid (water) in a measurement W = Mean weight V = Mean volume, in µL Ve = Selected Volume Z = Environmental correction factor, in cm3/g T = Temperature of liquid in °C Pa = Air density at T, in g/cm3 Pb = Density of balance weights, Pb = 8.0 g/cm3 P = Barometric Pressure, in mm of Hg H = Relative humidity, in % A = Cubic expansion coefficient in cm3/°C K = Expansion factor, no units SD = Standard Deviation CV % = Coefficient of variation Pw = Density of the Test Liquid at Temperature T in g/cm3 1.2 Air Density Pa = -3 Where, (es) = 1.3146 9 Exp[-5315.56/(T+273.15)] 1.3 Expansion Factor K = 1 - A (T-20) Where K = Expansion factor A = Cubic expansion coefficient (Constant = 0.00010000) T = Temperature, degrees Celsius 1.4 Density of Test Liquid (purified water): Pw = 0.001x(999.83952+16.945176T-7.9870401x10-3T2-46.170461x 10-6T3+105.56302x10-9T4-280.54253x10-12T5)(1+16.879850x10-3T) 1.5 Environmental Correction Factor Z = 1.6 Mean weight W = Where n is the number of samples 1.7 Mean volume V = W Z 1.8 Standard Deviation SD = 1.9 Imprecision CV% = 1.10 Inaccuracy E% = Acceptance Criteria The acceptance criteria for Inaccuracy (E%) and Imprecision (CV%) are indicated in Table 1 for each Calibration Volume. A pipette is considered calibrated, if the acceptance criteria for Inaccuracy and Imprecision are met at each applicable Calibration Volume. Data Reporting / work product delivery Contractor shall provide a calibration report for each pipette the contractor calibrates, which shows its serial number, type, all measurements, mean, standard deviation, inaccuracy, imprecision, sample size, , environmental conditions (including device used to measure), traceability, and expanded uncertainities, K = 2 at 95% CL, with the conclusion (pass/fail) about acceptability for operation. Additionally, the technician who performed the service shall print, date and sign the report by close of business the same day the report is generated. This certificate allows the FDA QA to audit and release the pipettes to the labs for use in testing, immediately. The Contractor shall provide all necessary computers, software and printers to supply the reports the day of calibration. Upon successfully completion of the calibration, a calibration label shall be affixed on the pipette. A calibration label shall contain information pertaining to the contractor identification, initials of the analyst performing the calibration, the date of calibration and due date of next calibration (180 days after the successful calibration date) shall be affixed on the pipette. The information on the calibration label shall match the information on the calibration report. Table 1: Maximum Permissible Errors at Different Calibration Volumes Calibration Volume (µL) Inaccuracy (Systematic Error) % Imprecision (Random Error) % < 1 12.0 12.0 1 to 1.5 6.0 6.0 2.0 to Spring, MD 20933 Vendor shall coordinate all maintenance with Project Officer (to be provided with order). Period of Performance: 6/01/2015 - 05/31/2016 - Base Period 6/01/2016 - 05/31/2017 - Option Period 1 6/01/2017 - 05/31/2018 - Option Period 2 6/01/2018 - 05/31/2019 - Option Period 3 6/01/2019 - 05/31/2020 - Option Period 4 Pricing Schedule: Item No. Description Quantity Unit Unit Price 0001 Base - Pipette Calibration in 1 EA $ accordance with requirements above and Attachment #1, Master Pipette List. 0002 Option Period 1 in accordance 1 EA $ with Item 0001. 0003 Option Period 2 in accordance 1 EA $ with Item 0001. 0004 Option Period 3 in accordance 1 EA $ with Item 0001. 0005 Option Period 4 in accordance 1 EA $ Item 0001. Total $____________ FAR and HHSAR Clauses and Provisions incorporated by reference may be obtained at: http://www.acquisition.gov/far/ http://farsite.hill.af.mil/vfhhsara.htm The provision at FAR 52.212-1, Instructions to Offerors- Commercial Items (Apr 2014) applies to this solicitation. Addenda to this provision are as follows: Site Visit Site visits to inspect the equipment will be granted if necessary. Contact Crystal G. McCoskey at the email address or phone number below to schedule an appointment prior to 9:00 am on May 18, 2015. Failure to inspect the equipment will not relieve the successful offeror from fully meeting the requirements of the resulting contract at the price offered. Service Contract Act Exemption This solicitation is being issued under the premise that the Contractor will certify that the maintenance services are exempt from the Service Contract Act per the conditions set forth in FAR 52.222-48 & FAR 22.1003-4(c). If this is the case and the Contractor certifies that is exempt under the terms and conditions of 52.222-48, then clause 52.222-51 will flow per usual from this solicitation to the resulting order. In the event that a Contractor does not make this certification, traditional Service Contract Act clauses 52.222-41, and 52.222-43 shall be included in the resulting order award as well as Wage Determination WD 2005-2103 (Rev.15): http://www.wdol.gov/wdol/scafiles/std/05-2103.txt?v=12 FAR 52.222-48 - Exemption From Application Of The Service Contract to Contracts For Maintenance, Calibration, Or Repair Of Certain Equipment Certification (May 2014) (a) The offeror shall check the following certification: CERTIFICATION The offeror [ ] does [ ] does not certify that- (1) The items of equipment to be serviced under this contract are used regularly for other than Government purposes, and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontractor) in substantial quantities to the general public in the course of normal business operations; (2) The services will be furnished at prices which are, or are based on, established catalog or market prices for the maintenance, calibration, or repair of equipment. (i) An "established catalog price" is a price included in a catalog, price list, schedule, or other form that is regularly maintained by the manufacturer or the offeror, is either published or otherwise available for inspection by customers, and states prices at which sales currently, or were last, made to a significant number of buyers constituting the general public. (ii) An "established market price" is a current price, established in the usual course of trade between buyers and sellers free to bargain, which can be substantiated from sources independent of the manufacturer or offeror; and (3) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract are the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. (b) Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services. If the offeror certifies to the conditions in paragraph (a) of this provision, and the Contracting Officer determines in accordance with FAR 22.1003-4(c)(3) that the Service Contract Act- (1) Will not apply to this offeror, then the Service Contract Act of 1965 clause in this solicitation will not be included in any resultant contract to this offeror; or (2) Will apply to this offeror, then the clause at 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements, in this solicitation will not be included in any resultant contract awarded to this offeror, and the offeror may be provided an opportunity to submit a new offer on that basis. (c) If the offeror does not certify to the conditions in paragraph (a) of this provision- (1) The clause in this solicitation at 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements, will not be included in any resultant contract awarded to this offeror; and (2) The offeror shall notify the Contracting Officer as soon as possible, if the Contracting Officer did not attach a Service Contract Act wage determination to the solicitation. (d) The Contracting Officer may not make an award to the offeror, if the offeror fails to execute the certification in paragraph (a) of this provision or to contact the Contracting Officer as required in paragraph (c) of this provision. (End of provision) The provision at FAR 52.212-2 Evaluation-Commercial Items (Oct 2014) is applicable to this solicitation and is hereby incorporated by reference. The specific evaluation criteria to be included in paragraph (a) of that provision are as follows: (i) technical capability of the services offered to meet the Government requirement; (ii) past performance; (iii) price (inclusive of options) Technical capability is more important than past performance, which is important than price. Technical capability will be determined by review of information submitted by the Offeror which must provide a description in sufficient detail to show that the service quoted meets the Government's requirement and demonstrate successful performance of similar services. Specifically, the Offeror's ability to provide service by technicians/engineers who are certified/trained to perform work on pipettes, ie training plan/program, repair procedures, planned maintenance procedures, current ISO 17025 Accreditation, familiarity with NIST tools/standards, etc, will be considered. Offeror's past performance will be evaluated based on the recency (within the last 3 years) and relevancy (size, scope and complexity) of the information provided to determine the likelihood of success in performing the solicitation's requirements as indicated by that offeror's record of past performance. Evaluation of the prime contractor will be combined with any subcontractors to perform the work. The government is not responsible for locating or securing any information, which is not identified in the quote. To ensure information is available, vendors must furnish as part of their proposal all descriptive material, i.e. current ISO 17025 Accreditation, technician training programs and resumes/certification, Standard Operating Procedures (SOPs), descriptive literature, brochures, list of tools intended for use, sample calibration reports, necessary for the government to determine whether the service meets the technical requirements. Contractors shall provide past performance for similar services performed within the last three (3) years. Technical capability and past performance for any intended subcontractors shall be included with offer. The Government reserves the right to consider past performance information from any other source (e.g. Past Performance Information Retrieval System, Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), or other databases; interviews with PMs, COs, and Fee Determining Officials; and the Defense Contract Management Agency) when evaluating past performance. As stated in the requirements, the current pipettes to be maintained are provided in Attachment #1, Master Pipette List, but these quantities may change as pipettes are discarded and replacements purchased. For evaluation purposes, Attachment #1, Master Pipette List quantities shall be used to provide extended totals for the base and each option year. In addition to the extended price schedule above, Contractor shall provide an itemized price breakout for multi (8 and 12) and single- channel pipettes along with all possible consumables necessary to perform the base and all optional years of service. These itemized prices will be incorporated into any resultant order with the extended total based on the current pipette list, but the extended amount is subject to change when/if options are exercised depending on quantity fluctuations throughout the option years. The Provision at FAR 52.212-3, Offeror's Representations and Certifications-Commercial Items (Mar 2015), applies to this acquisition. The clause at 52.212-4, Contract Terms and Conditions - Commercial Items (May 2015), applies to this acquisition. Addenda to this clause are as follows: Inspection and Acceptance The supplies and/or services delivered hereunder shall be inspected and accepted at destination by the contracting officer's representative (COR) specified at award. If the supplies or services are acceptable, the COR shall promptly forward a report of inspection and acceptance to the paying office. If the supplies or services are not acceptable, the COR shall document the nonconforming items/services and immediately notify the contracting officer. Invoice Submission Payment terms net 15 days after government acceptance of the supplies/services. Invoices shall be submitted after each onsite maintenance visit to the attention of the Office of Financial Services identified below and contain all necessary information per FAR 52.212-4 (g) in accordance with the following instructions. I. An original and two (2) copies shall be submitted to: FDA/OC/OA/OFO/OFS Attn: Division of Payment Services 3900 NCTR Road, HFT-324 Building 50, 6th floor, suite 616 Jefferson, AR 72079 Phone: (870) 543-7446 Fax 870-543-7224 An electronic invoice can be emailed to the following address: nctrinvoices@fda.hhs.gov II. One copy each to the Contracting Officer and Contracting Officer Representative (COR) or other program center/office designee, clearly marked "courtesy copy only": Questions regarding invoice payments should be directed to the FDA payment office at phone or email reference provided above. Questions relating to when payment will be received should be directed to the FDA payment office at the email below or at (870) 543-7446 or (870) 543-7042. nctrinvoices@fda.hhs.gov. The following clauses are incorporated by reference: • FAR 52.217-9, Option to Extend the Term of the Contract (Mar 2000) (a) "...by written notice to the Contractor within one (1) day of contract expiration; ...preliminary written notice of its intent to extend at least 30 days before the contract expires." (b) "...shall not exceed 5 years." • 52.232-39, Unenforceability of Unauthorized Obligations (Jun 2013) • 52.232-40, Providing Accelerated Payment to Small Business Subcontractors (Dec 2013) • 352.222-70, Contractor Cooperation in Equal Employment Opportunity Investigations (Jan 2010) • 352.231-71, Pricing of Adjustments (Jan 2001) • 352.242-71, Tobacco-Free Facilities (Jan 2006) FAR 52.212-5 - Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (May 2015) (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 (Dec 2014) (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, 108-78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: ___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). ___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509). ___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009). _X__ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note). ___ (5) [Reserved] ___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). ___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). _X__ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) (31 U.S.C. 6101 note). ___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). ___ (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Public Law 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161). ___ (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 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a). ___ (ii) Alternate I (Jan 2011) of 52.219-4. ___ (13) [Reserved] _X__ (14) (i) 52.219-6, Notice of Total Small Business 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 2014) (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 2014) of 52.219-9. ___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)). ___ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). ___ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). ___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f). _X__ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)). ___ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)). ___ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)). _X__ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). _X__ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126). _X__ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 1999). _X__ (28) 52.222-26, Equal Opportunity (Apr 2007) (E.O. 11246). ___ (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212). _X__ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). ___ (31) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212). ___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). _X__ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). ___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627). ___ (34) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) ___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ___ (36) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514 ___ (ii) Alternate I (Jun 2014) of 52.223-13. ___ (37) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514). ___ (ii) Alternate I (Jun 2014) of 52.223-14. ___ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). ___ (39) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Jun 2014) (E.O.s 13423 and 13514). ___ (ii) Alternate I (Jun 2014) of 52.223-16. _X__ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513). _X__ (41) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83). ___ (42) (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. ___ (43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _X__ (44) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). ___ (45) 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). ___ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). ___ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ___ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)). ___ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). _X__ (50) 52.232-33, Payment by Electronic Funds Transfer- System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (51) 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). ___ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). ___ (54) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). ___ (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items: ___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495) ___ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.). ___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). ___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67). ___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). _X__ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67). ___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67). ___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E.O. 13658). ___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). ___ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (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 (Apr 2015) (E.O. 11246). (vi) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212). (vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (viii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212). (ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67). (xi) ____ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). ___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627). (xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.) (xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67) (xiv) 52.222-54, Employment Eligibility Verification (Aug 2013). (xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E.O. 13658). (xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xviii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of Clause) Additional Information It is the offeror's responsibility to monitor the internet site for the release of any information related to this combined synopsis/solicitation. Offerors are responsible for delivery in person, by e-mail, fax, mail or other delivery method their complete proposal and any additional documents before 2:00 pm (Central Standard Time - Local Prevailing Time in Jefferson, Arkansas) on May 21, 2015 to crystal.mccoskey@fda.hhs.gov, Fax (870) 543-7990, or mail to the U. S. Food and Drug Administration, FDA/OO/OFBA/OAGS/DAP, Attention of Crystal G. McCoskey, 3900 NCTR Road, Building 50, Room 426 Jefferson, AR 72079-9502. For information regarding this solicitation or site visit request, please contact Crystal G. McCoskey by e-mail at crystal.mccoskey@fda.hhs.gov. Questions/Site visit requests regarding this solicitation will be accepted only via email and shall be submitted no later than 09:00 AM CST on May 18, 2015. Please reference solicitation number 1147283 in subject line of all correspondence.
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