Solicitation_No._16-247-SOL-00020.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

Phoenix AZ 85016 4212 North 16th Street Phoenix Indian Medical CTR

CODE 16. ADMINISTERED BYCODE

X

X

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED OR12

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

06/14/2016 1400 LT

05/31/2016

(602) 200-5371BRADLEY PLATERO

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

16-247-SOL-00020

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 2 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

Phoenix AZ 85016 4212 North 16th Street

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

Phoenix Indian Medical CTR

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

The Phoenix Indian Medical Center (PIMC) is seeking qualified vendors who can provide a Full Service Contract to include all Preventive Maintenance Services (PM) and regular or emergency repairs to be provided at PIMC in order to keep the Integrated Digital Radiographic Fluoroscopy System equipment in perfect operating condition at PIMC, located at 4212 North 16th Street, Phoenix, AZ 85016.

See attached pages for additional information, (Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

DATED

BARBARA V. BONNETTE

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDEND

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

terms and conditions.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

2 2 of

STATEMENT OF WORK (SOW)

FULL SERVICE CONTRACT AT PIMC

SOLICITATION NO. 16-247-SOL-00020

SECTION I

1. Introduction:

The Phoenix Indian Medical Center (PIMC) is seeking qualified vendors who can provide a Full Service Contract to include all Preventive Maintenance Services (PM) and regular/emergency repairs to be provided at PIMC in order to keep the Integrated Digital Radiographic Fluoroscopy System Equipment in perfect operating condition at the Phoenix Indian Medical Center (PIMC) in Phoenix, Arizona. Services shall be performed at PIMC, 4212 North 16th Street, Phoenix, Arizona 85016. The overall contract is to provide quality patient care and to meet the Joint Commission Standards for Medical Equipment at

PIMC.

The PM should include but not limited to necessary adjustments and part replacement based on findings during the PM procedure. Contractor to provide a copy of their Full Service and PM Service terms and conditions with Request for Proposal (RFP) response.

2. Purpose of Contract:

The PIMC seeks to award a contract for a Full Service Contract to include all Preventive Maintenance Services (PM) and regular/emergency repairs. Resultant contract will be non-personal in nature, as defined by FAR 31.101, and as such, will be provided independent of Government supervision.

3. Description of Services:

The contractor shall provide all supervision, labor, parts, materials, tools, supplies, maintenance, and equipment necessary to provide a Full Service Contract and Preventive Maintenance Services and qualified technical staff to performing these type of services.

4. Scope of Work:

1. The Contractor shall perform a Full Service Contract that include PM Services with regular and emergency repairs on the Integrated Digital Radiographic Fluoroscopy System Equipment located in the PIMC Radiology Department as recommended by the original equipment manufacturer (OEM), to meet the manufactory specification requirements, National Free Protection Association (NFPA) 101, 99, and the Standards for Health Care Facilities and Environment of Care (EC.02.04.01, EC 02.04.03) Joint Commission Standards.

2. The Contractor shall provide preventative maintenance services on the following equipment:

Make: Model: Serial#

a. Shimadzu Safire Fluoroscopy w/70C Detector 3M5249D33003 & 101277

b. Del General Del General CPD15476H13

c. Shimadzu DaRt Digital Portable w/70C Detector 410001B32005 & 101213

d. Shimadzu DaRt Digital Portable w/70C Detector 410001B33005 & 101277

e. Cannon Software 70C Wireless Detector 101237

3. The Contractor shall provide preventive maintenance, inspection, certification, tools, parts (if required), and any calibration test equipment for repairs if needed.

4. The Contractor shall incur all associated lodging and meal costs to complete the PM/repair.

5. The Contractor shall perform immediate emergency and regular repair services when the need arises.

6. The Contractor is responsible for providing receipt of service report describing the work performed by date completed, description of repair done and by who in accordance with The Joint Commission

(TJC).

7. The Contractor shall warrant all services performed that shall remain free from defects 30 days from the date of acceptance.

8. The Contractor shall notify the designated COR of the existence or development of any defects or repairs to the equipment covered under this contract which the Contractor considers is not applicable to terms of preventive maintenance (such as operator misuse).

9. The Contractor shall label all equipment serviced upon completion identifying at a minimum the date, time, company name and initials. The contractor shall perform services in designated area(s).

10. The Contractor shall respond to a Service Call Repair if made by the COR or Biomedical Department for repairs to the Integrated Digital Radiographic Fluoroscopy System Equipment.

11. The Contractor must respond to the designated COR within two (2) hours after receipt of notification in an effort to correct the problem by phone. If the problem cannot be corrected verbally, the Contractor shall commence work (on-site physical response) within twenty-four (24) hours after receipt of notification and shall proceed progressively to completion without undue delay.

12. Parts: The Contractor shall provide all necessary tools, supplies and equipment to provide the required services. The Contractor shall maintain the equipment, covered by this contract, in accordance with the Conformance Standards Section of this document. All parts supplied shall be of OEM and have full compatibility with existing equipment. Documentation of intended parts source(s) shall be provided to the Contracting Officer upon request.

13. Emergency Repairs: The contractor shall perform 24 hour/ 7 days per week (including weekends and holidays) emergency repairs as required to meet the performance standards.

14. Performance/Quality Standards:

a. All current county, state, local commercial standards.

b. Contractor is responsible for ensuring 100% Integrated Digital Radiographic Fluoroscopy System

Equipment system operation at all times.

c. Contractor is responsible for ensuring that all repairs bring the Integrated Digital Radiographic Fluoroscopy System Equipment up to 100% complete and operational status within one working day of notification of problem.

d. All mechanical, electrical, controls and displays must be optimally and efficiently operational in accordance with the Integrated Digital Radiographic Fluoroscopy System Equipment manufacturer requirements and industry standards.

5. Performance Requirements:

Where there is conflict between one or more code requirements, the more stringent code requirement shall be sued to perform the work.

All work shall be performed and completed in accordance with the following codes and standards:

1. Local, State and Federal Waste Disposal Regulations;

2. National Electric Code (NEC);

3. Occupational Safety and Health Administration (OSHA) Part 1910 and 1926

The Contractor, at a minimum, shall perform the work in accordance with code cited. Finished work shall be aesthetically pleasing, and provide not safety risks to employees, contractors or patients of the PIMC. Finished work shall not compromise the integrity of any of the Medical Center’s building systems.

6. Qualifications Factors:

The Contractor shall provide trained technician that are certified and authorized to perform a full service plan on:

Make: Model: Serial#

a. Shimadzu Safire Fluoroscopy w/70C Detector 3M5249D33003 & 101277

b. Del General Del General CPD15476H13

c. Shimadzu DaRt Digital Portable w/70C Detector 410001B32005 & 101213

d. Shimadzu DaRt Digital Portable w/70C Detector 410001B33005 & 101277

e. Cannon Software 70C Wireless Detector 101237

Evidence of this certification and/or licensure shall be provided to the Contracting Officer/COR and must be maintained in an active and current status throughout the performance period. Evidence of renewals shall be provided to the Contracting Officer and Point of COR upon demand.

Certification and/or licensure shall include the following: Applicable permits/certificates to provide PM Service to above cited equipment.

7. Validation of Qualification, Licensure and Certification:

Offerors shall provide written verification/documentation of certification and/or licensure of trained technicians that are certified and authorized to perform a full service plan that include preventive maintenance services and regular and emergency repairs on equipment listed in Paragraph 6.

8. Documentation and Reports:

The Contractor shall submit a legible field service report, test reports, which shall include detailed descriptions of the preventive maintenance, test inspection, certification and/or repair service performed, including replaced parts and time of completion. The Field Service Report shall be kept in the Biomedical Department for record. A copy shall be forwarded to the Biomedical Engineering Department.

9. Scheduling and Notification:

The contractor shall obtain approval from the designated Contracting Officer Representative (COR) or his representative, at least 48 hours in advance of any PM’s being performed resulting in interruption of hospital and patient care services. Contractor shall comply with IHS visitation policy. The Contractor is cautioned that acceptance of work without approval of the COR may jeopardize payment.

1) Before performing services the Contractor personnel shall report to the PIMC Biomedical

Department at the beginning and end of their entire visitation at PIMC, to sign-in and receive a facility “Guest” badge.

2) The Contractor shall be authorized to park only in areas opened to the public.

3) The Contractor shall be allowed minimal use of government space to store supplies and/or equipment as required under this contract.

4) The Contractor shall be responsible for any repair or damage incurred to the building system as a result of contractor errors or poor workmanship.

The Contractor shall notify the designated COR of the existence or development of any defects or repairs to the equipment covered under this contract which the Contractor considers is not applicable to terms of preventive maintenance (such as operator misuse).

10. Equipment Location Site:

Phoenix Indian Medical Center Radiology Department 4212 N. 16th Street Phoenix, AZ 85016

Period of Performance:

Contract performance shall be for base year commencing form the award of the contract with three option year to renew. Base year period of performance shall not extend beyond 12 months unless approved under the FAR 52.217-9, Option to Extend the Term of the Contract (Mar 2000).

11. Additional Requirements:

a) Contractor shall furnish own equipment and labor for the job;

b) Contractor shall provide qualified technician able of working on units and to perform services in accordance the standards recommended by the manufacture.

c) Contractor shall wear visible identification provided by the Phoenix Indian Medical Center Security

Staff at all times on the premises of the Phoenix Indian Medical Center compound. The Contractor shall turn in this identification provided by the Phoenix Indian Medical Center Security Staff upon completion of the service;

d) Contractor may use existing Government owned restrooms and toilet facilities for personal use.

e) The Contractor shall dispose of all hazardous waste and trash generated during performance off the government property and shall dispose of in a manner in compliance with federal, state, and county laws.

f) Contractor shall comply with all applicable standards, including, but not limited to, the standards of

(a) the Joint Commission on the Accreditation of Health Care Organizations, (b) federal, state and local governmental laws, rules and regulations and ) third party payers.

g) Contractor shall at all times comply with all rules and regulations of any municipality, state or federal environmental, environmental protection, and toxic waste and hazardous substance laws, ordinances and regulations, and how they relate to the work performed according to the terms and conditions provided herein.

Safety: The Contractor is responsible for ensuring all Federal, State and local safety procedures are followed and adhered to by their technicians or any sub-contractor in the performance of this contract.

12. Government Furnished Property:

No Government Property to be furnished for use by the contactor.

13. Operating Hours:

The contractor shall provide all maintenance, inspection, certification and/or regular and emergency repair services during normal operating hours Monday through Friday from 8:00am to 5:00pm excluding the weekend and federal holidays. Service schedule shall be agreed to by the contractor and the designated COR.

There are ten (10) federal holidays each year. When a holiday falls on a Saturday, it is observed on Friday.

When a holiday falls on a Sunday, it is observed on Monday.

Federal holidays:

New Year’s Day (observed 1 January);

Martin Luther King, Jr’s Birthday (observed the third Monday in January);

President’s Day (observed the third Monday in February);

Memorial Day (observed the fourth Monday in May);

Independence Day (observed 4 July);

Labor Day (observed the first Monday in September);

Columbus Day (observed the second Monday in October);

Veterans Day (observed 11 November);

Thanksgiving Day (observed the fourth Thursday in November);

Christmas Day (observed 25 December)

14. Invoice Submission:

Invoices shall be prepared with the following information CLEARLY identified on the invoice:

1. Invoice Date and Number

2. Contract Number

3. Charges for service or products identified BY LINE ITEM Number

4. Brief description of products or services rendered

5. Charges should follow Line Item structure on contract to include Quantity, Unit of Issue, Unit

Price, and Total Amount as applicable

6. Dates of Service or Shipment

Invoices shall be prepared and submitted electronically and in accordance with rates and terms as stated in the contract. Invoices should be sent electronically to the following departments and addresses in the same e-mail:

Finance: PHX_PIMCAPInvoice@ihs.gov For purposes of interest accrual and time of official receipt, Finance is designated as the point of receipt for the Government. Invoices shall be submitted electronically to the e-mail address listed above.

Acquisitions: Bradley.Platero@ihs.gov A copy of the invoice should be sent electronically to the contract specialist(s) at the address listed above.

Service Unit Representatives: Laura.Tillman@ihs.gov A copy of the invoice should be sent electronically to the Service Unit Representative(s) at the address listed above.

Electronic Fund Transfer:

The Debt Collection Act of 1996 requires that Federal non-tax payments made after January 1, 1996 be made by Electronic Funds Transfer (EFT).

15. Conditions for Payment:

Contractor’s employee must be present at the facility and must be actually performing the required services to receive payment for services. Contractor shall only receive payment for the actual number of hours worked on-site at the specified facility. Contractor will be required to invoice in the Arrears monthly and invoices submitted must conform to the contract invoicing requirements.

16. TAXES:

THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, PHOENIX AREA INDIAN HEALTH

SERVICE IS TAX EXEMPT UNDER A.R.S. 42-5063 (C)(3)(a), 42-5067 (B)(1), 42-5056 (B)(2)(a), 42-5066 (B)(3)(a), 42-5074 (B)(7), 42-5071 (B)(2)(a), 42-5061 (A)(25)(a), and 42-5159 (A)(13)(a), (b), (c) STATE OF

ARIZONA DEPARTMENT OF REVENUE.

17. Designated Contracting Officers Representative (COR):

The COR for this contract and the designee is still to be determined (TBD). COR or designee shall perform the following duties:

1. The Contracting Officer shall designate the COR representing the Government for the purpose of this contract in writing. Such designation will set forth the duties specifically delegated in regard to the performance of this contract. A copy of the designation will be provided to the contractor.

2. The major responsibility of the COR is to ensure Contractor accountability, monitor contract performance, and assist the Contractor in the resolution of program problems encountered during the performance of this contract.

3. The COR shall be responsible for:

a) Monitoring the Contractor’s technical progress, including the surveillance and assignment of performance and recommending to the contracting Officer changes in requirements;

b) Interpreting Statement of Work;

c) Performing technical evaluation as required;

d) Performing technical inspection and acceptance required by the contract;

e) Assisting the contractor in the resolution of technical problems encountered during performance.

The COR’s responsibilities will be to coordinate with the contractor the technical aspects of this service and the review of performance hereunder. The COR does not have the authority to change or alter the order amount, terms and conditions.

18. Contracting Officer:

The Contracting Officer is the only person with authority to act as the 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 for any costs incurred during the performance of this contract;

or (5) otherwise changes any Terms and Conditions of this contract. The Government may unilaterally change its COR designation.

19. References/Past Performance:

Contractor shall provide a minimum of three references for Full Service Contract that include Preventive Maintenance and Repairs for Digital Radiographic Fluoroscopy System Equipment services performed within the last three (3) years at government facilities with offer. Must provide detailed description of work performed, location of work performed, and name, title, phone number, and email address of references.

20. Pricing:

Pricing shall be for an all-inclusive monthly rate. Detailed pricing schedule shall be included with offer for the Base period and 3 option years. Offerors are required to use the pricing schedule located in Section II of the SOW in this solicitation document.

SECTION II:

FEE/SCHEDULED PRICING

Quote: The Contractor to enter price quote for Full Service Contract and Preventive Maintenance Services Contract for the Integrated Digital Radiographic Fluoroscopy System Equipment.

The following shall be the fee schedule for the contract period. The cost shall be all inclusive to include all supervision, labor, parts, materials, tools, supplies, maintenance, and equipment necessary to provide a Full Service Contract and Preventive Maintenance Services and qualified technical staff to performing these type of services. It shall also include all travel costs and any other ancillary fees and costs including permits, licenses, insurance, etc.

ITEM Description QTY UNIT PRICE TOTAL

1 Base Year:

Integrated Digital Radiographic Fluoroscopy System Maintenance Full Service Contract

12 MO $ $

2 Option Year 1:

Integrated Digital Radiographic Fluoroscopy System Maintenance Full Service Contract

12 MO $ $

3 Option Year 2:

Integrated Digital Radiographic Fluoroscopy System Maintenance Full Service Contract

12 MO $ $

4 Option Year 3:

Integrated Digital Radiographic Fluoroscopy System Maintenance Full Service Contract

12 MO

B1 Option for 6 months extension 6 MO $ $

Grand Total $

PROVISIONS

52.252-1 -- Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

_http://acquisition.gov/far/index.html

52.212-1 – Instructions to Offerors—Commercial Items (Oct 2015)

52.212-3 -- Offeror Representations and Certifications -- Commercial Items (Feb 2016)

52.237-1 -- Site Visit (Apr 1984)

52.209-5 -- Certification Regarding Responsibility Matters (Oct 2015)

(a)

(1) The Offeror certifies, to the best of its knowledge and belief, that --

(i) The Offeror and/or any of its Principals --

(A) Are [_] are not [_] presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) 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 public (Federal, State, or local) 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 (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are [_] are not [_] presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision; and

(D) 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.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) 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.

(ii) 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.

(2) Examples.

(i) 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.

(ii) 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.

(iii) 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.

(iv) 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).

(ii) The Offeror has [[_] has not [_], within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) “Principal,” for the purposes of this certification, means an officer; director; owner; partner;

or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror’s responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of Provision)

52.212-2 -- Evaluation -- Commercial Items (Oct 2014)

(a) The Government intends to award a contract resulting from this solicitation to the responsible, responsive 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:

1) Technical Acceptability:

2) Past Performance:

i. Recency: In order for past performance to be considered recent, performance must be ongoing or must have been performed within the last three (3) years from date of issuance of this solicitation. Past performance information that fails this condition will not be evaluated.

ii. Relevancy: Relevant performance information will be based on performance involving the service and/or support, and complexity as this solicitation requires.

iii. In the case of an offeror without a record of relevant past performance, or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a)(2)(iv)).

Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable.”

3) Price:

i. Options. The Government will evaluate offers for award purposes by adding the total price for all options IAW FAR 52.217-9 "Option to Extend the Term of the Contract" to the total price for the basic requirement. The 6 month option period IAW FAR 52.217-8 "Option to Extend Services" will also be evaluated as part of the total price. 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).

4) Technical and past performance, when combined, are significantly more important than cost or price. Past performance will be rated on an “acceptable” or unacceptable” basis.

(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.

52.216-1 -- Type of Contract (Apr 1984)

The Government contemplates award of a firm fixed price contract resulting from this solicitation.

(End of Provision)

52.233-2 -- Service of Protest (Sep 2006)

(a) (a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from

Barbara Bonnette, Indian Health Service Acquisition Management 40 N Central Ave, Suite 507 Phoenix, AZ 85004

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

CLAUSES

52.252-2 -- Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

_http://acquisition.gov/far/index.html

(End of Clause)

52.212-4 -- Contract Terms and Conditions -- Commercial Items (May 2015)

52.232-18 -- Availability of Funds (Apr 1984)

52.237-2 -- Protection of Government Buildings, Equipment, and Vegetation (Apr 1984)

52.246-4 -- Inspection of Services -- Fixed-Price (Aug 1996)

352.222-70 –Contractor Cooperation in Equal Opportunity Investigations (Jan 2010)

352.223-70 -- Safety and Health (Jan 2006)

352.224-70 -- Privacy Act (Jan 2006)

352.227-70 – Publications and Publicity (Jan 2006)

352.237-70 – Pro-Children Act (Jan 2006)

352.237-71 – Crime Control Act – Reporting of Child Abuse (Jan 2006)

352.237-72 – Crime Control Act – Requirement of Background Check (Jan 2006)

352.239-73-- Electronic and Information Technology Accessibility (January 2010)

352.242-71 – Tobacco-free Facilities (Jan 2006)

352.270-2 -- Indian Preference (Apr 1984)

352.270-3 – Indian Preference Program (Jan 2006)

52.212-5 --Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Mar 2016)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

X__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C.

3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

X __ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

X __ (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. (Oct 2015) (31 U.S.C. 6101 note).

X __ (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.

X __ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Oct 2001) of 52.219-9.

__ (iii) Alternate II (Oct 2001) of 52.219-9.

__ (iv) Alternate III (Oct 2015) of 52.219-9.

__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

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).

__ (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)).

X __ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

X __ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2016) (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 (Oct 2015)(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 (FEB 2016) (38 U.S.C. 4212).

X __ (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).

X __ (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)(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.

__ (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 (OCT

2015) (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 (FEB 2016) (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).

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 2015).

__ (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 (Oct 2015) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $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.

(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 (Oct 2015) (38 U.S.C. 4212).

(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(viii) 52.222-37, Employment Reports on Veterans (Feb 2016) (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)

52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627).

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 (OCT 2015) (E.O. 12989).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(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)

52.217-8 -- Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 10 business days .

(End of Clause)

52.217-9 -- Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 10 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 4 years and 6 months.

(End of Clause)

Full Service Contract for DR Fluoroscopy Equipment Phoenix Area Indian Health Service

INSTRUC…