Terumo BCT Apheresis System
Added: Feb 12, 2016 4:13 pm Description: This is 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; quotations are being requested and a written solicitation will not be issued. The commercial items procedures of FAR Part 12 will be used. Solicitation# RFP VA256-16-R-0292. This solicitation is issued as request for proposal (RFP). Solicitation document and incorporated provisions and clauses are those in effect tough Federal Acquisition Circular FAC 2005-83 (effective 07/02/15) This is a Service-Disabled Veteran-Owned Small Business (SDVOSB) Set Aside NAICS code is 811219, size standard is $20.5 MILLION. SDVOSB registration will be verified in System Award Management (SAM), Small Business Administration (SBA) and Vendor Information Pages (VIP). Proposals will be considered non responsive and rejected If the Contracting Officer is not able to verify and view contractor registrations. Place of Performance: Michael E. DeBakey VA Medical Center 2002 Holcombe BLVD Houston, TX 77030 Performance Period: March 1, 2016 to February 28, 2017 All questions pertaining to this solicitation shall be submitted by 10:30a.m. CST February 22, 2016. Questions shall be sent electronically to Darnell.Rias@va.gov. Only electronic offers will be accepted. Offers shall be submitted to Darnell Rias@va.gov NO LATER THAN February 25, 2016 by 10:30a.m. CST. POC: Darnell Rias, Contracting Specialist Phone: 713-794-7420 Email: Darnell.Rias@va.gov ? STATEMENT OF WORK CONTRACTOR STATEMENT OF WORK MICHAEL E. DEBAKEY VA MEDICAL CENTER HOUSTON, TEXAS Project Number: 580-16-1-255-0267 Project Title: Maintenance and Repair for the Terumo BCT Apheresis System VA Medical Center Houston, TX 77030 STATEMENT OF WORK Terumo BCT Apheresis Systems Transaction No. 580-16-1-255-0267 I. GENERAL REQUIREMENT The contractor shall furnish all labor, materials, parts, equipment, tools, transportation, supervision, and personnel to perform preventative maintenance (PM) and emergency repairs on the Spectra and two Optia systems used at the Michael E DeBakey VA Medical Center, 2002 Holcombe Blvd. Houston TX 77030. All preventative maintenance performed shall be by manufacturer licensed professionals using only original equipment manufacturer parts. Following perform preventative, vendor must demonstrate to a MEDVAMC Biomed Technician that the equipment runs properly according to manufacturer specified levels. The contract price shall be firm-fixed, all-inclusive not limited to specified products/equipment, installation, and setup/configuration. The description of the work is as follows: 1) The contractor shall perform PMs and emergency repairs on the Spectra Cobe (S/N: 1S05028 EE#43549.) and two Spectra Optia's (S/N: 1P00459 EE# 133952 and 1P00460 EE# 133953). 2) The contract shall include parts, labor, and travel charges for 2 Periodic Maintenance calls and all emergency calls per year. 3) Contractor shall provide proper documentation the Apheresis systems are running properly and communicate with MEDVAMC staff when the Apheresis systems are ready for use. 4) The contractor shall coordinate with MEDVAMC staff to ensure no impact to patient care during preventative maintenance. II. ADDITIONAL SERVICES: Contractor guarantees all equipment covered in this contract shall be in optimum working condition at the contract expiration date provided that the Contractor is notified of any deficiencies at least one (1) day before the contract expiration date. Any changes, updates or retrofits made on any component or system shall be reported to the COR for annotation on station equipment manuals and records. For any service call made during normal working hours, the Contractor's personnel shall report their arrival and departure to the COR in (Basement Level, RM# BA-200). Contractor shall provide any engineering and software update necessary for continued optimum operation of the equipment listed in this contract. The Contractor's personnel shall complete a full service report, in writing, after each service call (emergency or scheduled) and submit an electronic version of this report to the COR and any designees within 5 days after the service day. III. PERFORMANCE AND RESPONSE TIME 1. The Contractor shall respond to service calls, within four (4) hours for telephonic response, and on-site within twenty-four (24) hours. This requirement for response time shall be the same for both services calls during the VA normal business hours and after-hour service calls. 2. All work shall be performed according to manufacturer's recommendations to work on the specific equipment. All work performed shall be accomplished in accordance with manufacturer's instructions, including but not limited to adjustments, calibrations, cleaning, lubricating, testing, disassembly, check-out, replacement of worn or defective parts, etc., required to keep the equipment in first-class operating condition. All work shall be performed to the satisfaction of the COR who will inspect the repairman's work and indicate his/her approval on a signed statement prior to the contractor's personnel departure from the premises. 3. Service calls during the VA normal business hours and related to malfuctions not successfully preempted by preventive maintenance services shall be at no additional cost to the Government. Repair service calls shall not take time away from preventive maintenance and other requirements required under this contract. 4. The Government shall not be responsible for incidental charges including, but not limited to, parking, tolls, mileage, phone, etc., on straight time or overtime work. IV. OTHER WORK 1. Maintenance problems discovered on equipment covered by this contract which the Contractor believes exceed the scope of contract provisions, shall not be worked on without concurrence and specific authorization from the BIOMED COR to perform repairs. The Contractor shall immediately notify the BIOMED COR of any equipment or environmental conditions which impair or jeopardize the functioning of the equipment. 2. In any case, the VA shall be explicitly notified in advance that additional charges will be incurred, prior to beginning such work. In such instances that the VA agrees the work is not within the scope of the contract, and the VA desires the Contractor to perform repairs, a separate purchase order will be issued to the Contractor for the work. Any service required which the Contractor believes to be in excess of the contract provisions and require additional payment (e.g., work beyond normal work hours) shall not be performed without prior authorization from the contract officer, who will arrange a separate purchase order to pay for the additional service if desired by the VA. 3. In addition to covered services, Contractor shall provide equally responsive service for additional work on covered equipment when requested by the VA, during regular business hours or after-hours, which will be paid via separate purchase order at a pre-determined cost if unrelated to maintenance requirements of the contract. (See WARRANTY) V. DOCUMENTING a) The Contractor shall maintain a separate maintenance record on each equipment covered under this contract. All maintenance records shall be readily available anytime upon request for inspection by the Contracting Officer, COR or designee. The maintenance record is the property of the government and shall be turned over to the Government at the end of the contract. The maintenance record shall be a conological file that includes the following information: (1) Date. (2) Nature of work (i.e. PM or repair services). (3) Description of work performed (contractor should be brief and concise). (4) Any indication of problems experienced. (5) Initial or signature of repairman performing work. VI. PROCEDURE FOR REPORTING OF ARRIVAL AND DEPARTURE FOR ONSITE WORK The Contractor's representative shall report his arrival and departure for onsite work in accordance with the following procedure: 1. Upon arrival at the station, the Contractor shall check in with the BIOMED shop (Basement Level, RM# BA-200) to sign in on response log, so that the VAMC is aware of the Contractor's presence at the facility at all times. Response time shall be determined by the first appearance of a service representative at the appropriate office in response to a particular call. 2. Upon each departure, Contractor shall serve notice of disposition of work to the COR or designee. In addition the contractor shall furnish the BIOMED COR or his designee a copy of a work order, service sheet or other such written notification of services performed. Such reports shall include at a minimum the following information: o Name and address of contractor o Name of contractor employee(s) performing the work o Date(s) work performed and hours spent. o Brief description of work performed, including preventive maintenance services and identification of equipment worked on. o Signature of contractor's employee(s) and signature of COR or his designee. o If the report is not submitted, it will indicate to the Government that no inspection or maintenance was performed and payment may be withheld and/or delayed. VII. UNIFORMS The Contractor personnel, including supervisors, shall wear distinctive uniform clothing for ready identification, and assure that every employee is in uniform no later than the time specified by the COR, or otherwise no later than 10 working days from the date an employee first enters on duty. The uniform shall have the Contractor's name, easily identifiable, affixed thereon in a permanent manner such as a badge or monograms. If the contractor does not have a standard uniform, the employee shall be dressed in the appropriate professional attire and have a company issued badge visible at all times. VIII. HOURS OF WORK: Service shall be performed during normal working hours, 8:00 a.m. tough 4:30 p.m., Monday tough Friday, excluding all Federal Holidays. Federal Holidays observed by the VAMC are: o New Years' Day o Martin Luther King Day o Presidents' Day o Memorial Day o Independence Day o Labor Day o Columbus Day o Veterans' Day o Thanksgiving Day o Cistmas Day *Or any other day declared by the President of the United States to be a Federal Holiday. IX. REMOVAL OF EQUIPMENT: Should a piece of equipment require repair at the Contractor's plant, the Contractor shall provide a loaner at no extra charge. Government property shall not be removed from the station without a signed Property Pass. This Property Pass may be obtained from Acquisition & Material Management Service, Personal Property Section, 4A-320 after removal is authorized by the COR. The Contractor shall not remove equipment from Government site for minor repairs only. The Contractor shall be responsible for damage or loss of equipment while in the Contractor's charge. X. PARTS: The Contractor shall furnish only new standard parts. All parts shall be of current manufacture and shall have compatibility with presently installed equipment. All new installed replacement parts shall become the property of the Government. Replaced parts shall be disposed of by the Contractor after obtaining approval from the COR. Contractor shall be responsible for disposing replaced parts in accordance with applicable federal, state, and local laws. XI. SAFETY REQUIREMENTS: In the performance of this contract, the Contractor shall take such safety precautions as the Contracting Officer, or his/her designee, may determine to be reasonably necessary to protect the lives and health of occupants of the building. The Contracting Officer or his/her designee will notify the Contractor of any noncompliance with the foregoing provisions and the action to be taken. The Contractor shall, after receipt of such notice, immediately correct the conditions to which attention has been directed. Such notice, when served on the Contractor or his representative at the site of work, shall be deemed sufficient for the purpose aforesaid. If the Contractor fails or refuses to comply promptly with such notice, the contracting Officer may issue an order stopping all or any part of the work and hold the Contractor in default. XII. ORDERS: All orders for service will be placed by the COR or his designees, and the Contractor's service representatives shall report to the COR or his designees prior to the commencement of work and after completing the services. Services to be rendered will be as directed by the COR, and any changes must receive concurrence of that. XIII. OTHER REQUIREMENTS a) The Contractor shall require his employees to comply with all VA rules and regulations pertaining to the conduct of his employees while on station. Particular attention is drawn to the fact that the VAMC is a NO SMOKING Facility. Smoking is not permitted in any building. b) Contractor will have use of station telephones to make business calls related to Medical Center's equipment. Misuse of this privilege shall necessitate the need to require the contractor to use public telephones. c) UNAUTHORIZED USE OF GOVERNMENT EQUIPMENT (1). The Contractor shall not allow his/her employees, including Subcontractors' employees, to open desk drawers, cabinets, or to use office equipment, including the use of non-pay telephones for any purpose other than a local emergency call. (2). The Contractor shall be responsible to provide all necessary equipment, tools, parts, and materials to perform the work. The Government shall not be obligated to provide any equipment, tools, parts, and materials to assist the Contractor in performing the work. XIV. WARRANTY The Contractor shall warrant satisfactory equipment condition for repair and maintenance work outside the contract for a period of ninety (90) days immediately following completion of such work. The Contractor shall warrant satisfactory equipment condition for covered systems for a period of ninety (90) days immediately following the contract expiration date. Warranty service shall be limited to correcting items discovered to be in poor condition due to insufficient upkeep or failure to replace worn parts during the contract period. The Contractor shall correct these deficiencies upon notification by the Contracting Officer. This warranty shall remain valid while other parties perform service on the overall systems in question, provided the individual items requiring warranty service have not been obviously subjected to unnecessary, detrimental treatment by parties other than the Contractor (qualified service performed which is reasonable and necessary to uncover the deficiency shall not void warranty obligations of the Contractor). When directed to correct any such deficiency, the Contractor shall complete the required repairs with the same responsiveness stipulated in Section V, "Performance and Response Time". XV. INVOICES & METHOD OF PAYMENTS All invoices shall be submitted in arrears, properly prepared in accordance with FAR 52.212-4, contain sufficient details, and match with the service tickets for the work rendered. a. Monthly Invoices Invoices for fixed monthly fee shall be properly prepared and sent via OB10. Contractor shall register and submit invoices electronically via OB10. The website address for registering: WWW.OB10.COM . Notes: On the right side of the screen, click on the (orange button that reads, REGISTER NOW) THE PROMO CODE SO VENDOR DOESN'T GET CHARGED FOR INVOICES:VAPC7Y18 THE VA's BUYER ID NUMBER: AAA544240062. Help Desk Number: 1-800-353-9791 or email: vafsccshd@va.gov More information on OB10 invoicing is located http://www.ob10.com/us/en/veterans-affairs/. These invoices shall be sent in arrears at the beginning of each month following the month in which the services were rendered and billed for. At a minimum, all invoices shall include the following details: o Description of the services rendered o Billing period in which the services were rendered o Correct purchase order number which shall be issued by the Contracting Officer after the contract is awarded. Invoices without correct purchase order number shall be rejected and returned to the Contractor. o Invoice number and date o Item(s) covered (to include serial #s) by the PMI and covered period of service. Payments shall be made in accordance with the Prompt Payment Act out of the Government's annual appropriated funds obligated in a purchase order which shall be issued after the contract is awarded ? b. Price/Cost Schedule: Price shall be provided in accordance with the following format below: B.2 Price/Cost Schedule Item Information ITEM NUMBER DESCRIPTION OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0001 Contractor shall provide annual service and maintenance on the Spectra Cobe S/N: 1S05028 EE#43549. Contractor shall provide annual service and maintenance on two Spectra Optia's S/N: 1P00459 EE#133952 and S/N: 1P00460 EE#133953. Contract Period: Base POP Begin: 03-01-2016 POP End: 02-28-2017 1.00 YR __________________ __________________ 1001 Contractor shall provide annual service and maintenance on the Spectra Cobe S/N: 1S05028 EE#43549. Contractor shall provide annual service and maintenance on two Spectra Optia's S/N: 1P00459 EE#133952 and S/N: 1P00460 EE#133953. Contract Period: Option 1 POP Begin: 03-01-2017 POP End: 02-28-2018 1.00 YR __________________ __________________ 2001 Contractor shall provide annual service and maintenance on the Spectra Cobe S/N: 1S05028 EE#43549. Contractor shall provide annual service and maintenance on two Spectra Optia's S/N: 1P00459 EE#133952 and S/N: 1P00460 EE#133953. Contract Period: Option 2 POP Begin: 03-01-2018 POP End: 02-28-2019 1.00 YR __________________ __________________ 3001 Contractor shall provide annual service and maintenance on the Spectra Cobe S/N: 1S05028 EE#43549. Contractor shall provide annual service and maintenance on two Spectra Optia's S/N: 1P00459 EE#133952 and S/N: 1P00460 EE#133953. Contract Period: Option 3 POP Begin: 03-01-2019 POP End: 02-29-2020 1.00 YR __________________ __________________ 4001 Contractor shall provide annual service and maintenance on the Spectra Cobe S/N: 1S05028 EE#43549. Contractor shall provide annual service and maintenance on two Spectra Optia's S/N: 1P00459 EE#133952 and S/N: 1P00460 EE#133953. Contract Period: Option 4 POP Begin: 03-01-2020 POP End: 02-28-2021 1.00 YR __________________ __________________ GRAND TOTAL __________________ CONTRACT CLAUSES/SOLICITATION PROVISIONS The provision at 52.212-1, Instructions to Offerors - Commercial Items, applies to this acquisition. The provision at 52.212-2 EVALUATION-COMMERCIAL ITEMS (OCT 2014) applies to this acquisition. All offers shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications -- Commercial Items. The clause at 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition and statement. The addendum to FAR 52.212-4 also applies to this acquisition. The clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or Executive Orders -- Commercial Items, applies to this acquisition and all additional FAR clauses cited in the clause are applicable to the acquisition. 10. FAR CLAUSES a. FAR 52.212-4 Contract Terms and Conditions - Commercial Items (MAY 2015) Addendum to FAR 52.212-4 - Show FAR clauses followed by VAAR clauses in numeric order. List all clauses incorporated by reference in numeric order under 52.252-2 (see below), starting first with FAR and followed by VAAR. (1) 52.203-99 Prohibition on Contracting With Entities That Require Certain Internal Common Confidentiality Agreements (DEVIATION 2015-02) (FEB 2015) (2) 52.217-8 Option to Extend Services (NOV 1999) (3) 52.217-9 Option to Extend the Term of the Contract (MAR 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed (60) months. (4) 52.222-41 Service Contract Labor Standards (MAY 2014) (5) 52.222-99 Establishing A Minimum Wage For Contractors (Deviation 2014-O0017) (June 2014). This clause implements Executive Order 13658, Establishing a Minimum Wage for Contractors, dated February 12, 2014, and OMB Policy Memorandum M-14-09, dated June 12, 2014. (a) Each service employee, laborer, or mechanic employed in the United States (the 50 States and the District of Columbia) in the performance of this contract by the prime Contractor or any subcontractor, regardless of any contractual relationship which may be alleged to exist between the Contractor and service employee, laborer, or mechanic, shall be paid not less than the applicable minimum wage under Executive Order 13658. The minimum wage required to be paid to each service employee, laborer, or mechanic performing work on this contract between March 1, 2016, and February 28, 2017, shall be $10.10 per hour. (b) The Contractor shall adjust the minimum wage paid under this contract each time the Secretary of Labor's annual determination of the applicable minimum wage under section 2(a)(ii) of Executive Order 13658 results in a higher minimum wage. Adjustments to the Executive Order minimum wage under section 2(a)(ii) of Executive Order 13658 will be effective for all service employees, laborers, or mechanics subject to the Executive Order beginning January 1 of the following year. The Secretary of Labor will publish annual determinations in the Federal Register no later than 90 days before such new wage is to take effect. The Secretary will also publish the applicable minimum wage on www.wdol.gov (or any successor website). The applicable published minimum wage is incorporated by reference into this contract. (c) The Contracting Officer will adjust the contract price or contract unit price under this clause only for the increase in labor costs resulting from the annual inflation increases in the Executive Order 13658 minimum wage beginning on January 1, 2016. The Contracting Officer shall consider documentation as to the specific costs and workers impacted in determining the amount of the adjustment. (d) The Contracting Officer will not adjust the contract price under this clause for any costs other than those identified in paragraph (c) of this clause, and will not provide price adjustments under this clause that result in duplicate price adjustments with the respective clause of this contract implementing the Service Contract Labor Standards statute (formerly known as the Service Contract Act) or the Wage Rate Requirements (Construction) statute (formerly known as the Davis Bacon Act). (e) The Contractor shall include the substance of this clause, including this paragraph (e) in all subcontracts. (6) 52.232-18 Availability of Funds (APR 1984) (7) 52.232-40 Providing Accelerated Payments to Small Businesses Subcontractors (DEC 2013) (8) 52.237-3 Continuity of Services (JAN 1991) 11. VAAR CLAUSES: a. 852.203-70 Commercial Advertising (JAN 2008). The bidder or offeror agrees that if a contract is awarded to him/her, as a result of this solicitation, he/she will not advertise the award of the contract in his/her commercial advertising in such a manner as to state or imply that the Department of Veterans Affairs endorses a product, project or commercial line of endeavor. b. 001AL-11-15-A Limitations on subcontracting - Monitoring and Compliance (JUNE 2011). This solicitation includes (VAAR) 852.219-10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside. Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) retained by VA to assist in assessing the contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to contractor's offices where the contractor's business records or other proprietary data are retained and to review such business records regarding the contractor's compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an "Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement" to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement. d. 852.232-72 Electronic Submission Of Payment Requests (NOV 2012) (1) Definitions. As used in this clause- (a) Contract financing payment has the meaning given in FAR 32.001. (b) Designated agency office has the meaning given in 5 CFR 1315.2(m). (c) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests. (d) Invoice payment has the meaning given in FAR 32.001. (e) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract. (2) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required. (3) Data transmission. A contractor must ensure that the data transmission method and format are tough one of the following: (a) VA's Electronic Invoice Presentment and Payment System. (See Web site at http://www.fsc.va.gov/einvoice.asp.) (b) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI). The X12 EDI Web site (http://www.x12.org) includes additional information on EDI 810 and 811 formats. (4) Invoice requirements. Invoices shall comply with FAR 32.905. (5) Exceptions. If, based on one of the circumstances below, the contracting officer directs that payment requests be made by mail, the contractor shall submit payment requests by mail tough the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for: (a) Awards made to foreign vendors for work performed outside the United States; (b) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information; (c) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies; (d) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or (e) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above. e. 852.237-70 Contractor Responsibilities (APR 1984) The contractor shall obtain all necessary licenses and/or permits required to perform this work. He/she shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract. He/she shall be responsible for any injury to himself/herself, his/her employees, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by his/her employees fault or negligence, and shall maintain personal liability and property damage insurance having coverage for a limit as required by the laws of the State of Texas. Further, it is agreed that any negligence of the Government, its officers, agents, servants and employees, shall not be the responsibility of the contractor hereunder with the regard to any claims, loss, damage, injury, and liability resulting there from. (End of Clauses) f. 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 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) [] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (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). [] (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] [] (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)). [] (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). [] (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). [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 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) [] (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)). [] (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). [X] (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67). [X] (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). Employee Class Monetary Wage-Fringe Benefits [] (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). [X] (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67). [] (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 67). [] (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67). [X] (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2014) (Executive Order 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 teshold, 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 (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 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) (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) 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) 12. FAR PROVISIONS: a. 52.203-98 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS-REPRESENTATION (DEVIATION) (FEB 2015) (1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (2) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (3) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. b. 52.204-16 Commercial and Government Entity Code Reporting (NOV 2014) c. 52.204-17 Ownership or Control of Offeror (NOV 2014) d. 52.217-4 Evaluation of Options Exercised at the Time of Contract (JUN 1988) 13. VAAR PROVISIONS: b. 852.252-70 Solicitation Provisions Or Clauses Incorporated By Reference (Jan 2008) The following provisions or clauses incorporated by reference in this solicitation must be completed by the offeror or prospective contractor and submitted with the quotation or offer. Copies of these provisions or clauses are available on the Internet at the Web sites provided in the provision at FAR 52.252-1, Solicitation Provisions Incorporated by Reference, or the clause at FAR 52.252-2, Clauses Incorporated by Reference. Copies may also be obtained from the contracting officer. [Contracting officer shall list all FAR and 48 CFR Chapter 8 (VAAR) provisions and clauses incorporated by reference that must be completed by the offeror or prospective contractor and submitted with the quotation or offer.] c. 852.270-1 Representatives Of Contracting Officers (Jan 2008) The contracting officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee's authority. A copy of the designation shall be furnished to the contractor. (End of Provision) 4 52.212-2 EVALUATION-COMMERCIAL ITEMS (OCT 2014) (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: Technical: 1. Contractor shall submit technical and management approach to provide maintenance and repairs on the Spectra Cobe (S/N: 1S05028 EE#43549.) and two Spectra Optia's (S/N: 1P00459 EE# 133952 and 1P00460 EE# 133953). 2. Contractor shall submit documentation that they are approved, by the manufacturer, to provide maintenance services on the Spectra Cobe (S/N: 1S05028 EE#43549.) and two Spectra Optia's (S/N: 1P00459 EE# 133952 and 1P00460 EE# 133953). 3. Past Performance (within the past tee (3) years): (a) In this factor, the Government will evaluate the offer's demonstrating past performance of work of a similar nature, frequency, quality of performance and relevance to this procurement. (b) Past Performance Surveys: The contractor shall send out the attached past performance surveys to each of their references. The Government will evaluate the quality and extent of offeror's performance deemed relevant to the requirements of this solicitation. The references shall return the survey directly to the Government Contract Specialist listed on the survey via email. (c) Offerors should follow-up and encourage references to return the questionnaires to the Contracting Officer in a timely manner. (d) The government will use information sources such as PPIRS and CPARS and other Federal government offices and commercial sources to assess performance. Note: Offerors with no relevant past performance history will not be evaluated favorably or unfavorably on past performance and will be given a neutral rating. Pass - Offeror has a minimum rating of acceptable for each factor. Any unknown rating is acceptable. Fail- Offeror does not have a minimum rating of acceptable for each factor. DELIVERABLES: 1. Technical and Management approach to provide maintenance and repairs. 2. Documentation verifying they are authorized, by the manufacturer, to provide maintenance and repairs. 3. Past Performance Questionnaire within the last tee (3) years Award will be made on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost factors. (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of Provision)
VA25616R0292 Department of Veterans Affairs Veterans Health Administration Veterans Integrated Service Network 17
2/12/16, 4:13 PM