Full Service Maintenance Plan for Lumenis Lasers
NOTICE TO CONTRACTOR 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 solicitation number is N0025920Q0027. It is issued as a Request for Quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect tough Federal Acquisition Circular 2020-05. The North American Industry Classification System (NAICS) Code for this acquisition is 811219. The size standard is $22.0 (millions of dollars). This solicitation is 100% set aside for small business. It is the contractor’s responsibility to be familiar with the applicable clauses and provisions. Naval Medical Center San Diego (NMCSD) requests responses from qualified sources capable of providing the following: A one-year base contract for Full Service and Preventive Maintenance Plan on four Lumenis Lasers to include tee option years. See attached Statement Work Statement for additional information. Base Year: 03 Apr 2020 – 02 Apr 2021 Option Year One: 03 Apr 2021 – 02 Apr 2022 Option Year Two: 03 Apr 2022 – 02 Apr 2023 Option Year Tee: 03 Apr 2023– 02 Apr 2024 LOCATION: Naval Medical Center San Diego, 34800 Bob Wilson Dr, San Diego, CA 92134-5000. CLIN 0001: Lumenis Novus Varia w/LIO, S/N: 10456 - Full Service Maintenance Plan with Preventive Maintenance Plan Quantity: 4 Unit of Issue: Quarters Price per Quarter: _______________ Price per Year: __________________ Period of Performance: 03 Apr 2020 – 02 Apr 2021 CLIN 0002: Lumenis Selecta II, S/N: 515720 - Full Service Maintenance Plan with Preventive Maintenance Plan Quantity: 4 Unit of Issue: Quarters Price per Quarter: _______________ Price per Year: __________________ Period of Performance: 03 Apr 2020 – 02 Apr 2021 CLIN 0003: Lumenis UltraPulse Encore S/N: 1000 – Full Service Maintenance Plan with Preventive Maintenance Plan Quantity: 4 Unit of Issue: Quarters Price per Quarter: _______________ Price per Year: __________________ Period of Performance: 03 Apr 2020 – 02 Apr 2021 CLIN 0004: Lumenis Total FX, S/N: 583- Service Maintenance Plan with Preventive Maintenance Plan Quantity: 4 Unit of Issue: Quarters Price per Quarter: _______________ Price per Year: __________________ Period of Performance: 03 Apr 2020 – 02 Apr 2021 CLIN 1001: Lumenis Novus Varia w/LIO, S/N: 10456 - Full Service Maintenance Plan with Preventive Maintenance Plan Quantity: 4 Unit of Issue: Quarters Price per Quarter: _______________ Price per Year: __________________ Option Year One: 03 Apr 2021 – 02 Apr 2022 CLIN 1002: Lumenis Selecta II, S/N: 515720 - Full Service Maintenance Plan with Preventive Maintenance Plan Quantity: 4 Unit of Issue: Quarters Price per Quarter: _______________ Price per Year: __________________ Option Year One: 03 Apr 2021 – 02 Apr 2022 CLIN 1003: Lumenis UltraPulse Encore S/N: 1000 – Full Service Maintenance Plan with Preventive Maintenance Plan Quantity: 4 Unit of Issue: Quarters Price per Quarter: _______________ Price per Year: __________________ Option Year One: 03 Apr 2021 – 02 Apr 2022 CLIN 1004: Lumenis Total FX, S/N: 583- Service Maintenance Plan with Preventive Maintenance Plan Quantity: 4 Unit of Issue: Quarters Price per Quarter: _______________ Price per Year: __________________ Option Year One: 03 Apr 2021 – 02 Apr 2022 CLIN 2001: Lumenis Novus Varia w/LIO, S/N: 10456 - Full Service Maintenance Plan with Preventive Maintenance Plan Quantity: 4 Unit of Issue: Quarters Price per Quarter: _______________ Price per Year: __________________ Option Year Two: 03 Apr 2022 – 02 Apr 2023 CLIN 2002: Lumenis Selecta II, S/N: 515720 - Full Service Maintenance Plan with Preventive Maintenance Plan Quantity: 4 Unit of Issue: Quarters Price per Quarter: _______________ Price per Year: __________________ Option Year Two: 03 Apr 2022 – 02 Apr 2023 CLIN 2003: Lumenis UltraPulse Encore S/N: 1000 – Full Service Maintenance Plan with Preventive Maintenance Plan Quantity: 4 Unit of Issue: Quarters Price per Quarter: _______________ Price per Year: __________________ Option Year Two: 03 Apr 2022 – 02 Apr 2023 CLIN 2004: Lumenis Total FX, S/N: 583- Service Maintenance Plan with Preventive Maintenance Plan Quantity: 4 Unit of Issue: Quarters Price per Quarter: _______________ Price per Year: __________________ Option Year Two: 03 Apr 2022 – 02 Apr 2023 CLIN 3001: Lumenis Novus Varia w/LIO, S/N: 10456 - Full Service Maintenance Plan with Preventive Maintenance Plan Quantity: 4 Unit of Issue: Quarters Price per Quarter: _______________ Price per Year: __________________ Option Year Tee: 03 Apr 2023– 02 Apr 2024 CLIN 3002: Lumenis Selecta II, S/N: 515720 - Full Service Maintenance Plan with Preventive Maintenance Plan Quantity: 4 Unit of Issue: Quarters Price per Quarter: _______________ Price per Year: __________________ Option Year Tee: 03 Apr 2023– 02 Apr 2024 CLIN 3003: Lumenis UltraPulse Encore S/N: 1000 – Full Service Maintenance Plan with Preventive Maintenance Plan Quantity: 4 Unit of Issue: Quarters Price per Quarter: ______________ Price per Year: __________________ Option Year Tee: 03 Apr 2023– 02 Apr 2024 CLIN 3004: Lumenis Total FX, S/N: 583- Service Maintenance Plan with Preventive Maintenance Plan Quantity: 4 Unit of Issue: Quarters Price per Quarter: _______________ Price per Year: __________________ Option Year Tee: 03 Apr 2023– 02 Apr 2024 Delivery/Acceptance location is 34800 Bob Wilson Drive San Diego, CA 92134. FBO Destination: unless otherwise specified in the order, the supplier is responsible for the performance of all inspection requirements and quality control. DEFENSE BIOMETRIC IDENTIFICATION SYSTEM (DBIDS) (a) In accordance with CNICMEMO dated May 5, 2017, individuals currently using an NCACS credential for Installation access are required to switch to a DBIDS no later than 14 August 2017. After 14 August 2017, the NCACS credential will no longer be valid for access to Navy Installations. (b) NCACS users may visit the local Navy Installation Visitor Control Center to obtain a DBIDS credential. To ensure uninterrupted Installation access, current NCACS credential holders are encouraged to shift to the DBIDS credential as soon as possible as Navy does not have the ability to extend this deadline. There are no fees incurred by the contractor, vendor, or supplier to obtain a DBIDS credential. (c) Individuals who apply for NCACS credentials during the period of 17 April tough 31 May 2017 must also obtain DBIDS credentials. NCACS credentials issued after 17 April 2017 will no longer be accepted without an accompanying DBIDS credential for Navy Installation access. (d) DBIDS guidance for Vendors/Contractors to obtain a pass is accessible tough the following website: https://www.cnic.navy.mil/om/dbids.html For more information or to enroll in the DBIDS Program call: 1.202.433.4784. For Naval Base San Diego Pass and Decal Office, call: 1.619.556.1653 (e) Vendors, contractors, suppliers and other service providers shall present their pass upon entry at ECP. This acquisition incorporates by reference the following FAR provisions and clauses: 52.204-7 System for Award Management (Oct 2018) 52.204-13 System for Award Management Maintenance Plan (Oct 2018) 52.204-16 Commercial and Government Entity Code Reporting (Jul 2016) 52.204-18 Commercial and Government Entity Code Maintenance Plan (Jul 2016) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2019) 52.212-3 - Offeror Representations and Certifications -- Commercial Items (Dec 2019) Contractors are reminded to either include a completed copy of 52.212-3 and its ALT I with quotes, or alternatively, the provision can also be submitted at https://www.sam.gov. 52.212-4 – Contract Terms and Conditions -- Commercial Items (Jan 2017) 52.217-5 – Evaluation of Options (Jul 1990) 52.232-40 – Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) Additional contract terms and conditions applicable to this procurement are: 252.203-7000 Requirements Relating to Compensation of Former DoD Officials (SEP 2011) 252.203-7005 Representation Relating to Compensation of Former DoD Officials (NOV 2011) 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting (DEC 2019) 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support (MAY 2016) 252.223-7008 Prohibition of Hexavalent Comium (JUN 2013) 252.225-7001 Buy American and Balance of Payments Program (DEC 2017) 252.225-7002 Qualifying Country Sources as Subcontractors (Dec 2016) 252.225-7036 Buy American—Free Trade Agreements--Balance of Payments Program—Basic (DEC 2017) 252.225-7974 Representation Regarding Business Operations with the Maduro Regime (Feb 2020) 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (DEC 2018) 252.232-7006 Wide Area WorkFlow Payment Instructions (DEC 2018) 252.232-7010 Levies on Contract Payments (DEC 2006) 252.244-7000 Subcontracts for Commercial Items (JUN 2013) 252.246-7003 Notification of Potential Safety Issues (JUN 2013) 252.246-7008 Sources of Electronic Parts (MAY 2018) 252.247-7023 Transportation of Supplies by Sea—Basic (FEB 2019) The following clauses incorporated by full text apply to the solicitation: The provision at FAR 52.212-1 applies to this acquisition. Addendum to FAR 52.212-1: FAR 52.212-1 is replaced in its entirety by this addendum: Instructions to Quoters—Commercial Items (a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in the first paragraph of this combined synopsis/solicitation. However, the small business size standard for a concern which submits a quotation in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees. (b) Submission of quotations. Submit quotations to the office specified in this solicitation at or before the exact time specified in this solicitation. Quotations must be submitted as specified in the solicitation. As a minimum, quotations must show- (1) The solicitation number; (2) The time specified in the solicitation for receipt of quotations; (3) The name, address, and telephone number of the quoter; (4) A technical description of the items being quoted in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary; (5) Terms of any express warranty; (6) Price and any discount terms; (7) “Remit to” address, if different than mailing address; (8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the quoter shall complete electronically); (9) Ensure only FULLY QUALIFIED FIELD ENGINEERS and TECHNICIANS who have gone tough original equipment manufacturer (OEM) or comparable third party service schools for the above-mentioned equipment, shall be employed in the performance of any and all work performed under this contract. Upon submission of quotes, the contractor shall provide training certificates (or notarized copies) to the point of contact identified in this RFQ for verification. RFQs submitted without proof of certification will not be evaluated for award consideration. (10)Acknowledgment of Solicitation Amendments; (11) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and (12) Quotation must include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Quotations that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration. (c) Reserved. (d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of quotations. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during testing. (e) Multiple quotations. Quoters are encouraged to submit multiple quotations presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each quotation submitted will be evaluated separately. (f) Late submissions. (1) Quoters are responsible for submitting quotations so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that quotations are due. (2) Any quotation received at the Government office designated in the solicitation after the exact time specified for receipt of quotations is late and will not be considered unless it is received before purchase order issuance and the Contracting Officer determines that accepting the late quotation would not unduly delay the acquisition. (3) If an emergency or unanticipated event interrupts normal Government processes so that quotations cannot be received at the Government office designated for receipt of quotations by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of quotations will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume. (g) Issuance of purchase order. Quotations should contain the quoter’s best technical and price terms. The Contracting Officer may reject any or all quotations. The Contracting Officer may issue a purchase order to other than the quoter with the lowest priced quotation. After the evaluation of quotations, the Contracting Officer may negotiate final terms with one or more quoters of the Government’s choice before issuing any purchase order. The Contracting Officer will not negotiate with any quoters other than those of the Government’s choice and will not use the formal source selection procedures described in FAR part 15. (h) Multiple purchase orders. The Government may issue a purchase order for any item or group of items of a quotation, unless the quoter qualifies the quotation by specific limitations. Unless otherwise provided in the Schedule, quotations may not be submitted for quantities less than those specified. The Government reserves the right to issue a purchase order for a quantity less than the quantity quoted, at the unit prices quoted, unless the quoter specifies otherwise in the quotation. (i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to- GSA Federal Supply Service Specifications Section Suite 8100 470 East L’Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925 Facsimile (202) 619-8978. (ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee. (2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites: (i) ASSIST (https://assist.dla.mil/online/start/). (ii) Quick Search (http://quicksearch.dla.mil/). (iii) ASSISTdocs.com (http://assistdocs.com). (3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by- (i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm); (ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or (iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462. (4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or Maintenance Plan. Class Deviation 2018-O0018—Micro-Purchase Teshold, Simplified Acquisition Teshold, and Special Emergency Procurement Authority. Effective August 31, 2018. This deviation remains in effect until it is incorporated into the FAR or DFARS, or otherwise rescinded (j) Unique entity identifier. (Applies to all offers exceeding the micro-purchase teshold and offers at any dollar value if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database.) * * * (k) Requests for information. The contracting officer will not notify unsuccessful quoters that responded to this solicitation. Quoters may request information on purchase order(s) resulting from this solicitation from the contracting officer. 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 Capability, Past Performance, and Price. FACTOR 1: Technical Capability; In accordance with the Statement of Work. FACTOR 2: Past Performance; provide two (2) references with the point of contact name, telephone number, address, and contract number, for which you have provided the same or similar services within the last 3 years. Past performance will be evaluated based on references and information from authorized government past performance systems and resources. FACTOR 3: Price; the government shall conduct a price evaluation of all technically acceptable offers with acceptable or neutral past performance. 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items. As prescribed in 12.301(b) (4), insert the following clause: CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (JAN 2020) (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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91). (3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a) (1) (A) of Pub. L. 115-232). (4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015). (5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553). (6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). 52.2-90 FAC 2020-04 January 15, 2020 SUBPART 52.2 - TEXT OF PROVISIONS AND CLAUSES 52.212-5 ____ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)). ____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) XX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note). __ (5) [Reserved]. ____ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). ____ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). XX (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note). ____ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (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] XX (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 2018) (15 U.S.C. 637(d) (2) and (3)). ____ (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637(d) (4)) ____ (ii) Alternate I (Nov 2016) of 52.219-9. ____ (iii) Alternate II (Nov 2016) of 52.219-9. ____ (iv) Alternate III (Nov 2016) of 52.219-9. ____ (v) Alternate IV (Aug 2018) 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 (Jan 2017) (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 (Oct 2019) (15 U.S.C. 657f). XX (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a) (2)). ____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)). ____ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)). XX (25) 52.222-3, Convict Labor (June 2003) (E.O.11755). XX (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020) (E.O.13126). XX (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). XX (28) (i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246). ____ (ii) Alternate I (Feb 1999) of 52.222-26. XX (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). ____ (ii) Alternate I (July 2014) of 52.222-35. XX (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793). ____ (ii) Alternate I (July 2014) of 52.222-36. ____ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). ____ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). XX (33) (i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627). 52.2-91 52.212-5 FEDERAL ACQUISITION REGULATION ____ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). ____ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) ____ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c) (3) (A) (ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ____ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i) (2) (C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ____ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693). ____ (37) 52.223-12, Maintenance Plan, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693). ____ (38) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514). ____ (ii) Alternate I (Oct 2015) of 52.223-13. ____ (39) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514). ____ (ii) Alternate I (Jun 2014) of 52.223-14. ____ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). ____ (41) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514). ____ (ii) Alternate I (Jun 2014) of 52.223-16. XX (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513). ____ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693). ____ (44) 52.223-21, Foams (Jun 2016) (E.O. 13693). ____ (45) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a). ____ (ii) Alternate I (Jan 2017) of 52.224-3. ____ (46) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83). ____ (47) (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. ____ (48) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). XX (49) 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). ____ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). ____ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). ____ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ____ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.4505, 10 U.S.C.2307(f)). ____ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.4505, 10 U.S.C.2307(f)). XX (55) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332). ____ (56) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C.3332). ____ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332). ____ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). ____ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d) (13)). ____ (60) (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. ____ (iii) Alternate II (Feb 2006) of 52.247-64. 52.2-92 SUBPART 52.2 - TEXT OF PROVISIONS AND CLAUSES 52.212-5 (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 (Aug 2018) (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) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67). ____ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). ____ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance Plan, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67). ____ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67). ____ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). ____ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706). ____ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). (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 (Oct 2015) (41 U.S.C. 3509). (ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91). (iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a) (1) (A) of Pub. L. 115-232). (v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C.637(d) (2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (vi) 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. (vii) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (viii) 52.222-26, Equal Opportunity (Sept 2015) (E.O.11246). 52.2-93 52.212-5 FEDERAL ACQUISITION REGULATION (ix) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C.4212). (x) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793). (xi) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C.4212) (xii) 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. (xiii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67). (xiv) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (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). (xv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance Plan, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67). (xvi) 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). (xvii) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989). (xviii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). (xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706). (xx) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a). (B) Alternate I (Jan 2017) of 52.224-3. (xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xxii) 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. (xxiii) 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) 52.217-9 Option to Extend the Term of the Contract. As prescribed in 17.208(g), insert a clause substantially the same as the following: Option to Extend the Term of the Contract (Mar 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 30 days provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days 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 four (4) years. (End of clause) The Government will only consider firm fixed price (FFP) quotations. All questions regarding the RFQ, of a contractual or technical nature, must be submitted electronically by email to john.e.freeman14.civ@mail.mil no later than 0500, Pacific Daylight Time, Friday, 20 March 2020. Questions with the Government’s responses will be posted as an attachment to the RFQ. Please be advised that the Government reserves the right to transmit those questions and answers of a common interest to all prospective Offerors. Electronic submission of Quotes: Quotations shall be submitted electronically by email to john.e.freeman14.civ@mail.mil. Quotations must be received by 0500 Pacific Daylight Time, Monday, 23 March 2020. Email submissions are limited to 2MB. The submitter should confirm receipt of email submissions. All quotes shall include price(s), FOB point, a point of contact, name and phone number, GSA contract number if applicable, business size, and payment terms. Each response must clearly indicate the capability of the Offeror to meet all specifications and requirements. ******* End of Combined Synopsis/Solicitation ********
N0025920Q0027 Department of the Navy Naval Supply Systems Command
3/18/20, 2:39 PM