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REQUEST FOR PROPOSAL (RFP)
TITLE: Centralized Calibration Services for the Centers for Disease Control and Prevention
RFP NO: 2017-N-66622
DATE ISSUED: MAY 1, 2017
RESPONSE DUE DATE/TIME: MAY 23, 2017, 3:00 P.M. EST.
PART I. DESCRIPTION
FAR 13.5 TEST PROGRAM - This Blanket Purchase Agreement (BPA) is being issued under Simplified Acquisition Procedures in accordance with FAR 13.5 – Test Program for Certain Commercial Items.
1. Description of agreement:
This Blanket Purchase Agreement (BPA is effective for five (5) years from date signed by the Government. The suppliers awarded a BPA shall furnish Centralized Calibration services as described in the Statement of Work (SOW) if and when requested by the contracting officer for the duration of the BPA. Orders issued against this BPA will be for Calibration Services as described in the Statement of Work (SOW). By signing the BPA, the offeror guarantees to provide an uninterrupted source of supply of the originally awarded item(s) from which to satisfy the Government's requirement for the performance period of the awarded BPA.
This is a multiple award BPA for centralized calibration services on a full and open basis. Requirements for which the government estimates the cost to be greater than $3,500.00 will be competed among all BPA holders for award. All task orders will be awarded on a Firm-Fixed Price basis. Based on the number and quality of the proposals received, the government anticipates awarding three (3) BPAs but the exact number of awards may vary. Purchases under the awarded BPA(s) will be made in accordance with FAR 13.303-5.
The prices to the Government for all calls made under this agreement shall be determined for each delivery/task order based upon each vendors prices in Section III, Table 1, and shall be as low as, or lower than, those charged to suppliers most favored customer.
The terms and conditions of this Agreement shall be applicable to all BPA Calls issued citing this document.
2. Extent of Obligation
The Government is obligated only to the extent of authorized call purchases actually made under the BPA. The BPA will not obligate any funds.
3. Purchase limitation
It is estimated that over the five (5) year period the total dollar volume for this BPA requirement will not exceed $3,125,000 in aggregate and no single delivery/task order should exceed $600,000.00, unless agreed to by both parties. Individual BPA’s in the awarded suite may have individual estimates that are less than the aggregate estimate of $3,125,000 over 5 years. For example, each of the three successful offerors is likely to have an estimate of $1,000,000 over 5 years. This amount is estimated at the time of issuance of this BPA does not represent the guarantee that any purchases will be made. Neither does this estimate represent a ceiling for the amount of purchases that are made, and may be exceeded if such action is determined to be in compliance with federal law by the agency ordering official. Accounting and Appropriation data will be included in each call placed under this BPA.
4. Individuals authorized to purchase under the BPA.
Any Warranted Centers for Disease Control and Prevention (CDC) Contracting Officer may place calls under this BPA. Upon issuance of a BPA Call by an authorized individual, a binding contract shall be established between the Contractor and the Contracting Activity/Government. All vendors are cautioned that they are not to accept BPA Calls against the BPA from any individual that is not a Warranted Contracting Officer with the CDC.
5. Delivery Tickets All shipments under this agreement shall be accompanied by delivery tickets or sales slips that shall contain the following minimum information:
| a) | Name of supplier |
| b) | BPA number |
| c) | Date of purchase |
| d) | Purchase number |
| e) | Itemized list of supplies or services furnished. |
| f) | Quantity, unit price, and extension of each item, less applicable discounts (unit prices and extensions need not be shown when incompatible with the use of automated systems, provided that the invoice is itemized to show this information). |
| g) | Date of delivery or shipment. |
6. Invoices A summary invoice shall be submitted at least monthly or upon expiration of this BPA, whichever occurs first, for all deliveries made during a billing period, identifying the delivery tickets covered therein, stating their total dollar value, and supported by receipt copies of the delivery ticket.
7. BPA Call Order Process Call below the micro-purchase threshold (currently $3,500.00 for services) may be made via Government Purchase Card (GPC. Bidders must be able to accept credit card payments for the Calls, if they receive the award of a BPA. Upon identification of a requirement within the scope of this BPA that exceeds the micro-purchase threshold, the Contracting Activity shall send a Request for Quote (RFQ) to each BPA Holder(s) in order to compete the requirement. The RFQ will identify all requirement-specific information needed, quantities of BPA services required and identification of the turnaround times per the BPA. The BPA Holder(s) shall respond to the RFQ. The quoted price may not exceed the established BPA pricing, but it may be lower. The basis for award will be included in each RFQ. Calls may be evaluated on price only or price and other factors in order to obtain the best value for the Government. The Government shall not be liable for reimbursement of any Contractor proposal preparation costs for this RFP or any Call request issued for a BPA Call proposal under this Agreement. The Government makes no promise to award a BPA Call. If funds do not become available, the Government will cancel the Call.
PART II. STATEMENT OF WORK
Title of Project: Centralized Calibration Services for the Centers for Disease Control and Prevention (CDC)
I. BACKGROUND
The mission of the Centers for Disease Control and Prevention (CDC) is to protect the health of people and communities in the United States and around the world. In carrying out its mission, CDC establishes health monitoring programs, develops novel methodologies for the detection and investigation of health issues, conducts cutting-edge research to enhance prevention, and provides on-site testing for the identification of disease. This scientific information is the basis for public health policies and guidance provided to keep people safe and promote healthy lifestyles. In order to continue this mission CDC is committed to a continuous quality improvement process that ensures the data we generate, the research we provide and all the critical functions we perform are reliable and accurate and done with the best interest of the public. The on-site laboratory equipment we use to perform these duties are essential and necessary for the laboratory staff to carry out our mission and provide service to the American public. CDC operates various laboratories that adhere to the standards set forth in the Clinical Laboratory Improvement Act (CLIA) that governs quality standards for laboratory testing performed on specimens from humans, for diagnostic, prevention or treatment and/or assessment of health. Currently we also seek compliance for guidelines established by the International Organization for Standardization (ISO) 17025 which has established general requirements for the competence of testing and calibration laboratories. As a part of our commitment to quality and to ensure adherence and compliance to the standards set forth by ISO and CLIA across the agency, it is a necessity that our equipment be properly calibrated and evidence of proper calibration provided, to validate what is a main pillar of the scientific foundation of all CDC’s work. The agency has numerous laboratory equipment which is uniform in function and type across various laboratories. We seek to combine these pieces of equipment under one centralized contract to ensure proper calibration, and documentation of calibration is performed in accordance with ISO 17025.
For purposes of this contract the following calibration time frames are defined below (NOTE: For all equipment, unless otherwise noted as a requirement of the Original Equipment manufacturer (OEM), calibrations shall be performed in accordance with the time frames identified in section C.4 section 9 of this contract.
a. Annual: To be done on a yearly basis. Calibration must be done no less than 11 months apart and no greater than 12 months apart, calibrations must be done once per calendar year.
b. Semi-Annual: Equipment must be calibrated twice per year. Calibrations can be no less than five (5) months apart and no more than six (6) months apart and must be done twice per calendar year (excludes the first years if the start date for the contract is after July 1).
c. Quarterly: Equipment must be calibrated four (4) times per year. Once in each time frame: Jan – March, April – June, July – September, and October – December. Calibrations must be spaced at least 75 days apart.
d. Monthly: Equipment must be calibrated at least one (1) time during each calendar month of the year. Each calibration must be spaced at least 21 days apart.
II. PURPOSE
The purpose of this contract is to provide the Centers for Disease Control and Prevention (CDC) laboratories with a centralized calibration provider to service applicable equipment necessary for the functioning of the CDC laboratories. The CDC seeks to obtain 100% calibration compliancy with the standards set forth by ISO 17025 in this contract to ensure the accuracy of research, and test performed at the agency adheres to an established standard of quality assurance. The Offeror shall ensure that all applicable equipment is calibrated and documented to a quality standard that meet and/or exceeds the requirements set forth in ISO 17025. The Offeror must maintain current ISO 17025 accreditation for each type of calibration that is offered under the proposed contract and shall provide ISO 17025 compliant certificates of calibration for each service provided. The contract is meant to provide standardization of equipment calibration across multiple laboratories within CDC by providing the logistical support necessary to track and maintain the calibration status of all equipment set forth in this contract and to provide a centralized contracting service with the technical staff necessary to perform these essential calibrations. These measures will improve the overall quality of the work performed by the CDC laboratories in a cost effective and efficient manner. This contract will take place on the Roybal and Chamblee Campuses of the Centers for Disease Control and Prevention. Not all equipment will be included in this contract as manufacturers for many pieces of equipment have proprietary components or software for which calibration can only be performed by the Original Equipment Manufacturer (OEM) or a certified secondary party.
III. SCOPE OF WORK
CDC desires to enter into a contract with a Contractor(s) that can perform calibrations for multiple pieces of laboratory equipment from a variety of manufacturers. Calibrations must be timely, reliable, documented and cost effective in order to meet the goals of the agency. The equipment shall be properly calibrated in accordance with the OEM recommendation or exceeding those recommendations if current ISO 17025 standards account for this. The Contractor will be responsible for the coordination of the calibration schedule with laboratory points-of-contact for the laboratory equipment set forth in the contract. The Contractor shall demonstrate the knowledge skills and ability to perform these task in the time frames set forth in the contract. The Contractor shall provide technically qualified and trained technicians with experience in the calibration of the laboratory equipment assigned under the terms of this contract. For the duration of this contract the Contractor will be responsible for maintaining ISO 17025 accreditation for all calibration services provided to the CDC.
IV. TASKS TO BE PERFORMED
a. Equipment Calibration General Task: The contractor shall be responsible for the calibration of equipment in this contract following the below procedures and guidelines. Any proposed change in scope of the contract must be immediately communicated to the COR. The contractor shall not perform any work outside the scope of this contract until the proposed change in scope has been approved by the Contracting Officer. The COR will notify the contracting officer of any proposed change in scope of the contract.
i. For all pieces of equipment, the following applies:
1. Equipment Calibration General Task: The contractor shall be responsible for the calibration of equipment in this contract following the below procedures and guidelines. Any proposed change in scope of the contract must be immediately communicated to the COR. The contractor shall not perform any work outside the scope of this contract until the proposed change in scope has been approved by the Contracting Officer. The COR will notify the contracting officer of any proposed change in scope of the contract.
2. All equipment that can be calibrated on site shall be.
a. The COR or point of contact shall make the determination for when it is acceptable for an Off-site calibration as the additional time needed for off-site calibration will affect the work of the laboratory involved.
3. For all off-site calibrations a maximum turnaround time of 5 calendar days must be adhered to.
a. If 5 calendar days cannot be obtained, the contractor must notify the COR and the lab point of contact as soon as the knowledge for meeting the deadline is determined and must maintain documentation for the actual time frame of the delivery.
4. It will be the responsibility of the contractor to ensure that all pieces of equipment within this contract are calibrated within the terms set forth in this contract.
a. The contractor shall handle the scheduling of equipment for calibration stated within this contract with the appropriate laboratory point of contact. These contacts will be provided to the contractor by the COR and will be updated as needed.
5. The contractor shall provide calibration services at the appropriate intervals for the equipment types associated with this award.
6. Where practicable, the contractor shall label each piece of equipment calibrated with labels indicating the calibration status.
7. Documentation is a key component of the calibration contract and the contractor shall provide detailed documentation in accordance with their business practices to satisfy the requirements of this contract. An ISO 17025 compliant certificate of calibration shall be issued to the laboratory for each piece of equipment calibrated.
8. The contractor will be responsible for notifying the points of contact when calibration fails and for retesting equipment when notified that equipment has been repaired.
9. The contractor shall provide as documentation for the government the processes, procedures, and method of calibration that will be provided for the calibration of the below pieces of equipment. Method of calibration should be by manufacturer recommendation or where no manufacturer recommendation exist an approved industry standard. In all cases, calibrations shall be compliant with current ISO 17025 requirements. Vendor must be able to perform calibration services for all pieces of equipment listed in a-e below.
a. Pipettes – In accordance with current ISO 17025 standards the contractor shall coordinate and provide the following.
i. All pipettes will be calibrated semi-annually or annually as determined by each laboratory. Pipettes shall be calibrated for accuracy and precision. The method of calibration should be based upon the current ISO 8655 standards for gravimetric calibrations unless this is different from the manufacturer’s recommendation. This applies to both air displacement pipettes, positive displacement pipettes, single and multichannel pipettes and manual and automated pipettes.
ii. Contractor shall coordinate with the points of contact to schedule calibration times for each laboratory at CDC.
iii. When applicable, the contractor shall provide the parts and labor necessary to repair Pipette equipment on site unless extenuating circumstances require equipment to be shipped to an offsite facility.
iv. In the event equipment cannot be repaired on site, the contractor shall provide a clear justification to the COR and end user and documentation will be provided.
b. Balances: All balances shall be calibrated annually or by manufacturer recommendation if it exceeds annual calibration.
c. Thermometers: All Thermometers shall be calibrated annually or by manufacturer recommendation if it exceeds annual calibration.
d. Weights: All Weights shall be calibrated annually or by manufacturer recommendation if it exceeds annual calibration.
e. Centrifuges: All Centrifuges shall be calibrated annually or by manufacturer recommendation if it exceeds annual calibration.
10. The contractor shall maintain the ability to handle customers calls related to scheduling and questions of calibration activities for equipment between the hours of 8:00 AM – 5:30PM Eastern Standard Time.
11. Upon completion of any work, the contractor shall ensure that the workplace is left as it was before calibration work began.
a. Records and reporting:
i. The contractor shall be responsible for providing ISO 17025-compliant certificates of calibration including the date of calibration, if the calibration was successful, type of equipment, calibration reading, and a pass or fail. If the equipment fails calibration, the contractor shall immediately contact the COR and the point of contact. The government shall be responsible for repairing equipment, excluding pipettes that fail calibration. When practible, the contractor will label each piece of equipment with the calibration status.
ii. The contractor shall be responsible for providing the following to the COR on a monthly basis:
1. Report of equipment calibrated and serviced
2. Progress toward completion of calibrated and serviced equipment during specified time frames.
a. Reports should be broken down by time frame (i.e., separate categories for equipment with Annual, Semi-Annual, Quarterly and Monthly) with percentage of completion and totals for each report.
b. Customer complaints with any appropriate action taken
c. Any delays in calibration
d. Any changes in schedule
iii. Equipment failures and expected date of follow up calibration. The contractor shall be responsible for providing a calibration schedule to the COR and points of contact on an annual basis. Changes in schedule shall be communicated to points of contact and COR per section b. iii.
iv. The contractor shall provide a Final report of all equipment serviced at the completion of this contract.
PART III. CLAUSES & PROVISIONS
FAR 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://www.acqnet.gov http://farsite.hill.af.mil/
FAR SOURCE
TITLE AND DATE
| 52.204-13 |
| System for Award Management Maintenance (Oct 2016) |
| 52.204-18 |
| Commercial and Government Entity Code Maintenance (Jul 2016) |
| 52.212-4 |
| Contract Terms and Conditions- Commercial Items (Jan 2017) |
52.232-39 52.232-40 352.222-70 Unenforceability of Unauthorized Obligations (Jun 2013) Providing Accelerated Payments to Small Business Contractors (Dec 2013) Contractor Cooperation in Equal Employment Opportunity Investigations (Dec 2015)
52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items (Jan 2017)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.] __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).
__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (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).
_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).
__ (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.
_X_ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).
_X_ (17)(i) 52.219-9, Small Business Subcontracting Plan (Nov 2016) (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 (Nov 2016) 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)).
_X_ (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. 657 f).
_X_ (22) 52.219-28, Post Award Small Business Program Representation (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).
__ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126).
_X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
_X_ (28) 52.222-26, Equal Opportunity (Sept 2016) (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.)
_X_ (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).
Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.
_X_ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016). removed the following: applies at $500,000 for all contracts issued after Jan 1, 2017).
__ (37)(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.)
__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).
__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).
__ (40)(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.
__ (41)(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.
__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).
__ (43)(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.
__ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513).
__ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).
__ (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).
__ (47) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).
__ (48)(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.
__ (49) 52.225-5, Trade Agreements (OCT 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
_X_ (50) 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).
__ (51) 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).
__ (52) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
__ (53) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
__ (54) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
__ (55) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
_X_ (56) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).
__ (57) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).
__ (58) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
__ (59) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
__ (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.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.] __ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).
__ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).
__ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
_X_ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (May 2014) (41 U.S.C. chapter 67).
__ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (May 2014) (41 U.S.C. chapter 67).
__ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 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).
__ (11) 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 (Nov 2016) (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 (Sept 2016) (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) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).
Note to paragraph (e)(1)(xvi): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.
(xvii) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016)).
(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(xix) 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).
(xx) 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.
(xxi) 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.
CDC37.0001 Non-Personal Services (April 2013)
(a) Personal services shall not be performed under this contract. Although the Government may provide sporadic or occasional instructions within the scope of the contract, the Contractor is responsible for control and supervision of its employees. If the Contractor (including its employees) believes any Government action or communication has been given that would create a personal services relationship between the Government and any Contractor employee, the Contractor shall promptly notify the Contracting Officer of this communication or action.
(b) The Contractor shall comply with, and ensure their employees and subcontractors comply with, CDC Policy titled “Identification of Contractors' Employees and Safeguarding Government Information.” No Contractor employee shall hold him or herself out to be a Government employee, agent, or representative. No Contractor employee shall state orally or in writing at any time that he or she is acting on behalf of the Government. In all communications with third parties in connection with this contract, Contractor employees shall identify themselves as Contractor employees and specify the name of the company for which they work. The Contractor is limited to performing the services identified in the contract statement of work and shall not interpret any communication with anyone as a permissible change in contract scope or as authorization to perform work not described in the contract. All contract changes will be incorporated by a modification signed by the Contracting Officer.
(c) The Contractor shall ensure that all of its employees and subcontractor employees working on this contract are informed of the substance of this clause. The Contractor agrees that this is a non-personal services contract; and that for all the purposes of the contract, the Contractor is not, nor shall it hold itself out to be an agent or partner of, or joint venture with, the Government. The Contractor shall notify its employees that they shall neither supervise nor accept supervision from Government employees. The substance of this clause shall be included in all subcontracts at any tier.
(d) Nothing in this clause shall limit the Government's rights in any way under any other provision of the contract, including those related to the Government's right to inspect and accept or reject the services performed under this contract.
(End of Clause)
CDC42.0002 Evaluation of Contractor Performance Utilizing CPARS (April 2013) In accordance with FAR 42.15, the Centers for Disease Control and Prevention (CDC) will review and evaluate contract performance. FAR 42.1502 and 42.1503 requires agencies to prepare evaluations of Contractor performance and submit them to the Past Performance Information Retrieval System (PPIRS). The CDC utilizes the Department of Defense (DOD) web-based Contractor Performance Assessment Reporting System (CPARS) to prepare and report these Contractor performance evaluations. All information contained in these assessments may be used by the Government, within the limitations of FAR 42.15, for future source selections in accordance with FAR 15.304 where past performance is an evaluation factor.
The CPARS system requires a Contractor representative to be assigned so that the Contractor has appropriate input into the performance evaluation process. The CPARS Contractor representative will be given access to CPARS and will be given the opportunity to concur or not-concur with performance evaluations before the evaluations are complete. The CPARS Contractor representative will also have the opportunity to add comments to performance evaluations.
The assessment is not subject to the Disputes clause of the contract, nor is it subject to appeal beyond the review and comment procedures described in the guides on the CPARS website. Refer to: www.cpars.gov for details and additional information related to CPARS, CPARS user access, how contract performance assessments are conducted, and how contractors participate. Access and training for all persons responsible for the preparation and review of performance assessments is also available at the CPARS website.
The Contractor must provide the CDC contracting office with the name, e-mail address, and phone number of their designated CPARS representative who will be responsible for logging into CPARS and reviewing and commenting on performance evaluations. The Contractor must maintain a current representative to serve as the Contractor representative in CPARS. It is the Contractor’s responsibility to notify the CDC contracting office, in writing (letter or email), when their CPARS representative information needs to be changed or updated. Failure to maintain current CPARS Contractor representative information will result in the loss of an opportunity to review and comment on performance evaluations.
(End of Clause)
CDCAG001: Invoice Submission (Mar 2006)
(a) The Contractor shall submit the original contract invoice/voucher to the address shown below:
The Centers for Disease Control and Prevention Financial Management Office (FMO) P.O. Box 15580 Atlanta, GA 30333
Or – The Contractor may submit the original invoice/voucher via facsmile or email:
Fax: 404-638-5324
Email: FMOAPINV@CDC.GOV
NOTE: Submit to only one (1) of the above locations.
(b) The Contractor shall submit two (2) copies of the invoice/voucher to the cognizant contracting office previously identified in this contract. These invoices/voucher copies shall be addressed to the attention of the Contract Specialist, Kim Morris at kmorris1@cdc.gov.
(c) The Contractor is required to submit a copy of each invoice directly to the COR, James W. Carey at jfc@cdc.gov concurrently with submission to the Contract Specialist. If CDC identifies a Technical Monitor (TM) for this project, the COR will direct the Contractor to also include the TM on invoice submissions.
(d) In accordance with 5 CFR part 1315 (Prompt Payment), CDC's Financial Management Office is the designated billing office for the purpose of determining the payment due date under FAR 32.904.
(e) The Contractor shall include (as a minimum) the following information on each invoice:
(1) Contractor’s Name & Address
(2) Contractor’s Tax Identification Number (TIN)
(3) Purchase Order/Contract Number and Task Order Number, if Appropriate
(4) Invoice Number
(5) Invoice Date
(6) Contract Line Item Number and Description of Item
(7) Quantity
(8) Unit Price & Extended Amount for each line item
(9) Shipping and Payment Terms
(10) Total Amount of Invoice
(11) Name, title and telephone number of person to be notified in the event of a defective invoice
(12) Payment Address, if different from the information in (e)(1).
(13) DUNS + 4 Number
1. SECTION 508 ACCESSIBILITY STANDARDS
The following Section 508 Accessibility Standard(s) (Technical Standards and Functional Performance Criteria) are applicable (if box is checked) to this acquisition:
a. Technical Standards |X| 1194.21 - Software Applications and Operating Systems |X| 1194.22 - Web Based Intranet and Internet Information and Applications |_| 1194.23 - Telecommunications Products |_| 1194.24 - Video and Multimedia Products |_| 1194.25 - Self-Contained, Closed Products |_| 1194.26 - Desktop and Portable Computers |X| 1194.41 - Information, Documentation and Support The Technical Standards above facilitate the assurance that the maximum technical standards are provided to the Offerors. Functional Performance Criteria is the minimally acceptable standards to ensure Section 508 compliance. This block is checked to ensure that the minimally acceptable electronic and information technology (E&IT) products are proposed.
Documents must be in unlocked form. Acceptance checklists for various file formats are available at http://www.hhs.gov/web/508/index.html
b. Functional Performance Criteria
|X| 1194.31 - Functional Performance Criteria
The following HHSAR Section 508 Notice and Clause is applicable to this Task Order:
HHSAR 352.239-73 Electronic Information and Technology Accessibility Notice (Dec 2015)
(a) Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), as amended by the Workforce Investment Act of 1998 and the Architectural and Transportation Barriers Compliance Board Electronic and Information (EIT) Accessibility Standards (36 CFR part 1194), require that when Federal agencies develop, procure, maintain, or use electronic and information technology, Federal employees with disabilities have access to and use of information and data that is comparable to the access and use by Federal employees who are not individuals with disabilities, unless an undue burden would be imposed on the agency. Section 508 also requires that individuals with disabilities, who are members of the public seeking information or services from a Federal agency, have access to and use of information and data that is comparable to that provided to the public who are not individuals with disabilities, unless an undue burden would be imposed on the agency.
(b) Accordingly, any offeror responding to this solicitation must comply with established HHS EIT accessibility standards. Information about Section 508 is available at http://www.hhs.gov/web/508. The complete text of the Section 508 Final Provisions can be accessed at http://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-section-508-standards.
(c) The Section 508 accessibility standards applicable to this solicitation are stated in the clause at 352.239-74, Electronic and Information Technology Accessibility.
In order to facilitate the Government’s determination whether proposed EIT supplies meet applicable Section 508 accessibility standards, offerors must submit an HHS Section 508 Product Assessment Template, in accordance with its completion instructions. The purpose of the template is to assist HHS acquisition and program officials in determining whether proposed EIT supplies conform to applicable Section 508 accessibility standards. The template allows offerors or developers to self-evaluate their supplies and document—in detail—whether they conform to a specific Section 508 accessibility standard, and any underway remediation efforts addressing conformance issues. Instructions for preparing the HHS Section 508 Evaluation Template are available under Section 508 policy on the HHS website http://www.hhs.gov/web/508.
In order to facilitate the Government’s determination whether proposed EIT services meet applicable Section 508 accessibility standards, offerors must provide enough information to assist the Government in determining that the EIT services conform to Section 508 accessibility standards, including any underway remediation efforts addressing conformance issues.
(d) Respondents to this solicitation must identify any exception to Section 508 requirements. If a offeror claims its supplies or services meet applicable Section 508 accessibility standards, and it is later determined by the Government, i.e., after award of a contract or order, that supplies or services delivered do not conform to the described accessibility standards, remediation of the supplies or services to the level of conformance specified in the contract will be the responsibility of the Contractor at its expense.
(End of Provision) HHSAR 352.239-74 Electronic and Information Technology Accessibility (Dec 2015)
(a) Pursuant to Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), as amended by the Workforce Investment Act of 1998, all electronic and information technology (EIT) supplies and services developed, acquired, or maintained under this contract or order must comply with the “Architectural and Transportation Barriers Compliance Board Electronic and Information Technology (EIT) Accessibility Standards” set forth by the Architectural and Transportation Barriers Compliance Board (also referred to as the “Access Board”) in 36 CFR part 1194. Information about Section 508 is available at http://www.hhs.gov/web/508. The complete text of Section 508 Final Provisions can be accessed at http://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-section-508-standards.
(b) The Section 508 accessibility standards applicable to this contract or order are identified in the Statement of Work or Specification or Performance Work Statement. The contractor must provide any necessary updates to the submitted HHS Product Assessment Template(s) at the end of each contract or order exceeding the simplified acquisition threshold (see FAR 2.101) when the contract or order duration is one year or less. If it is determined by the Government that EIT supplies and services provided by the Contractor do not conform to the described accessibility standards in the contract, remediation of the supplies or services to the level of conformance specified in the contract will be the responsibility of the Contractor at its own expense.
(c) The Section 508 accessibility standards applicable to this contract are:
Identified in Section 10 - Section 508 Accessibility Standards, (a) Technical Standards and (b) Functional Performance Criteria above.
(d) In the event of a modification(s) to this contract or order, which adds new EIT supplies or services or revises the type of, or specifications for, supplies or services, the Contracting Officer may require that the contractor submit a completed HHS Section 508 Product Assessment Template and any other additional information necessary to assist the Government in determining that the EIT supplies or services conform to Section 508 accessibility standards.
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