3-Combined Synopsis Solicitation 20 FEB 2025.pdf

Combined Synopsis/Solicitation No. 75N96025Q00018

NIEHS, Office of Acquisitions

Preventive Maintenance and Repair of Mass

Spectrometry Equipment

NIEHS

Combined Synopsis/Solicitation for Commercial Products and Commercial Services

COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES

I. General Information

Document Type: Combined Synopsis/ Solicitation Solicitation Number: 75N96025Q00018 Posted Date: 2/20/2025 Original Response Date: 2/28/2025 Current Response Date: 2/28/2025 Product or Service Code: J066- MAINT/REPAIR/REBUILD OF

EQUIPMENT-INSTRUMENTS AND

LABORATORY EQUIPMENT

Set Aside: Total Small Business Set-Aside NAICS Code: 811210-Electronic and Precision

Equipment Repair and Maintenance

II. Contracting Office Address

NIEHS/OA

530 Davis Drive Morrisville, NC 27560

III. Description This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Items,” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation;

quotations are being requested, and a written solicitation document will not be issued. This acquisition will be processed under FAR Part 13 Simplified Acquisition Procedures (SAP).

This solicitation is a Request for quotations (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2025-03.

The associated North American Industrial Classification System (NAICS) code for this procurement is NAICS code 811210 Electronic and Precision Equipment Repair and Maintenance with a small business size standard of $34M.

The NIEHS is seeking to purchase Preventive Maintenance and Repair of Mass Spectrometry Equipment via a firm fixed price contract for a base period of 12 months upon award.

All interested companies shall provide quotation(s) for the supplies/services delineated in Attachment 1:

Performance Work Statement (PWS).

Place of Performance

See Attachment 1 - PWS

The government intends to award a firm fixed price purchase order to the responsible contractor as a result of this RFQ that will include the terms and conditions set forth herein. By submitting a quotation, quoters are accepting all the Governments terms and conditions listed in this RFQ. The purchase order award will be based on the lowest price technically acceptable. In order to be considered technically acceptable, the quoted items must meet the specifications in this solicitation.

The full text of FAR provisions or clauses may be accessed electronically at http://acquisition.gov/comp/far/index.html.

The following solicitation provisions apply to this acquisition:

1. FAR 52.212-1, “Instructions to Quoters–Commercial Products and Commercial Services” (Sep 2023)

2. FAR 52.212-2, “Evaluation-Commercial Products and Commercial Services” (Nov 2021)

3. FAR 52.212-3, “Offerors Representations and Certifications–Commercial Items” (May 2024)

Quoters must complete annual representations and certifications on-line at the SAM website may be accessed at: http://www.sam.gov in accordance with FAR 52.212-3, “Offerors Representations and Certifications–Commercial Products and Commercial Services.” If paragraph (j) of the provision is applicable, a written submission is required.

The following contract clauses apply to this acquisition:

1. FAR 52.212-4, “Contract Terms and Conditions–Commercial Products and Commercial Services" (Nov 2023)

2. FAR 52.212-5, “Contract Terms and Conditions Required to Implement Statutes or Executive Orders” (Jan 2025)

This is an open-market combined synopsis/solicitation for services as defined herein. The government intends to award a purchase order as a result of this combined synopsis/solicitation that will include the terms and conditions set forth herein. To facilitate the award process, all quotes must include a statement regarding the terms and conditions herein as follows:

The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition."

http://acquisition.gov/comp/far/index.html http://www.sam.gov/

Submission shall be received not later than 28 February 2025, at 2:00PM EST via email to Chantal.cornelius@nih.gov. Late submissions shall be treated in accordance with the solicitation provision at FAR 52.212-1(f). Faxed, hand delivered, or physically mailed quotes WILL NOT be accepted. The burden of ensuring the quote is received by this office, within the stated timeframe, is the Quoter’s responsibility.

Any questions or concerns regarding this solicitation should be forwarded in writing via e-mail to the Contracting Officer, Chantal.cornelius@nih.gov by 25 February 2025, by 2:00PM EST.

No questions will be accepted or answered via telephone.

Point of Contact

Chantal Cornelius, Contract Specialist/Contracting Officer

Email: Chantal.cornelius@nih.gov

LIST OF ATTACHMENTS

This section lists and includes those attachments referenced in this document. The following are incorporated into this solicitation/award:

Reference Title Attachment 1 PWS Attachment 2 Invoice Processing Platform Instructions mailto:Chantal.cornelius@nih.gov mailto:Chantal.cornelius@nih.gov mailto:Chantal.cornelius@nih.gov

This solicitation incorporates one or more HHSAR provisions by reference, with the same force and effect as if they were given in full text. The full text of the HHSAR provisions may be accessed electronically at this address:

https://www.acquisition.gov/hhsar/part-352-solicitation-provisions-and-contract-clauses.

FAR 52.212-1 ADDENDUM INSTRUCTIONS TO QUOTERS AND EVALUATION

CRITERIA 52.212-2

Instructions to Quoters

1) Quoters shall submit one (1) copy of their quotation with pricing information. Quoters' initial quote should contain the Quoters’ best terms from a price standpoint. All Quoters providing quotations must clearly state the overall cost to the Government. All quotes shall be valid for 90 days.

Provide a detailed quote for each item/component proposed to the schedule of items. Include the firm’s SAM Unique Entity Identifier (UEI) number with quote.

Quoters shall submit all applicable terms, conditions, and/or assumptions, if applicable in full text as attachments, appendix, or exhibits. Quoters are advised that additional terms and conditions submitted with their quotations that are in conflict with the terms and conditions of this solicitation may be deemed as technically unacceptable and as such not be considered for award.

Addendum Paragraph FAR 52.212-1 (b)(4): Quoters shall provide sufficient technical information necessary for the government to conclusively determine that the quoted Preventive Maintenance and Repair of Mass Spectrometry Equipment meets all the technical/performance requirements herein, to include descriptive material, literature, brochures and other information corresponding to each required item, which demonstrates the capabilities of the quoter. Quoters shall also demonstrate that the proposed Service Agreement services functions and accomplishes the required results as indicated in the PWS. The Government's determination of technical acceptability in no way relinquishes the Awardee's contractual obligation to ensure the supplies meet the government’s needs.

Evaluation Criteria The Government shall award a firm fixed price contract resulting from this solicitation to the responsible Quoter using the lowest price, technically acceptable (LPTA) evaluation method.

Quoters' initial quote should contain the Quoters’ best terms from a price standpoint. The Government may 1) reject any or all quotes if such action is in the best interest of the Government; 2) accept other than the lowest quoter; and 3) waive informalities and minor irregularities in quotations received.

https://www.acquisition.gov/hhsar/part-352-solicitation-provisions-and-contract-clauses

The lowest priced quote will first be evaluated for technical acceptability in accordance with the minimum specifications identified. If determined not technically acceptable, it will be removed from competition and the next lowest priced quote will be evaluated for technical acceptability.

This will continue until the lowest price quote is determined technically acceptable. Once the lowest priced quote is determined technically acceptable, then a determination of responsibility will be completed. If found responsible, evaluations will be closed and award will be made.

The following factors shall be used to evaluate quotes:

• Technical features meeting/exceeding minimum requirements

• Total price.

HHS Acquisition Regulation (HHSAR) Provisions/Clauses This document incorporates one or more Department of Health and Human Service Acquisition Regulations (HSSAR) clauses and/or provisions by reference, with the same force and effect as if they were given in full text. The full text of a HHSAR clause can be viewed at: https://www.acquisition.gov/hhsar.

Reference Title Date 352.203-70 Anti-Lobbying DEC 2015 352.208-70 Printing and Duplication DEC 2015

352.239‐79 INFORMATION AND COMMUNICATION TECHNOLOGY

ACCESSIBILITY (FEB 2024)

(DEVIATION)

(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 information and communication technology (ICT) supplies, products, platforms, information, documentation, and services support developed, acquired, maintained or delivered under this contract or order must comply with the Revised 508 Standards, which are located at 36 C.F.R. 1194.1 and Appendices A, B, and C, and are available at https://www.access‐board.gov/ict/. Information about Section 508 is available at https://www.hhs.gov/web/section‐508/index.html.

(b) Additional Section 508 accessibility standards applicable to this contract or order may be identified in the specification, statement of work, or performance work statement. If it is determined by the Government that ICT supplies, products, platforms, information, documentation, and services support provided by the Contractor do not conform to the described accessibility standards in the contract, remediation of the supplies, products, platforms, information, documentation, or services support to the level of conformance specified in the contract will be the responsibility of the Contractor at its own expense.

(c) In the event of a modification(s) to this contract or order, which adds new ICT supplies or services or revises the type of, or specifications for, supplies, products, platforms, information, documentation, or services support, the Contracting Officer shall require that the https://www.acquisition.gov/hhsar

Contractor submit a completed HHS Section 508 Accessibility Conformance Checklist (see https://www.hhs.gov/web/section‐508/accessibility‐checklists/index.html) or an Accessibility Conformance Report (ACR) (based on the Voluntary Product Accessibility Template (VPAT) see https://www.itic.org/policy/accessibility/vpat), and any other additional information necessary to assist the Government in determining that the ICT supplies or services conform to Section 508 accessibility standards. If it is determined by the Government that ICT supplies, products, platforms, information, documentation, and services support provided by the Contractor do not conform to the described accessibility standards in the contract, remediation of the supplies, products, platforms, information, documentation, or services support to the level of conformance specified in the contract will be the responsibility of the Contractor at its own expense.

(d) If this is an Indefinite‐Delivery type contract, a Blanket Purchase Agreement or a Basic Ordering Agreement, the task/delivery order requests that include ICT supplies, products, platforms, information, documentation, or services support will define the specifications and accessibility standards for the order. In those cases, the Contractor shall be required to provide a completed HHS Section 508 Accessibility Conformance Checklist (see https://www.hhs.gov/web/section‐508/accessibility‐checklists/index.html) or an ACR (based on the VPAT see https://www.itic.org/policy/accessibility/vpat), and any other additional information necessary to assist the Government in determining that the ICT supplies, products, platforms, information, documentation, or services support conform to Section 508 accessibility standards. If it is determined by the Government that ICT supplies and services provided by the Contractor do not conform to the described accessibility standards in the provided documentation, remediation of the supplies, products, platforms, information, documentation, or services support to the level of conformance specified in the contract will be the responsibility of the Contractor at its own expense.

(e) The contractor shall identify to the Contracting Officer any perceived exception or exemption to Section 508 requirements.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JAN 2025)

(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 products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L.

115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 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 products and commercial services:

[Contracting Officer check as appropriate.]

__(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

__(2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509)).

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

__(4) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) ( 41 U.S.C.

4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

_X_(5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__(6) [Reserved].

__(7) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

__(8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_(9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

__(10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) ( Pub. L. 115–390, title II).

__(11)

(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders— Prohibition. (DEC 2023) ( Pub. L. 115–390, title II).

__(ii) Alternate I (DEC 2023) of 52.204-30.

_X_(12) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) ( 31 U.S.C. 6101 note).

__(13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) ( 41 U.S.C. 2313).

__(14) [Reserved].

__(15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) ( 15 U.S.C. 657a).

__(16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__(17) [Reserved]

__(18)

(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

__(ii) Alternate I (MAR 2020) of 52.219-6.

__(19)

(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

__(ii) Alternate I (MAR 2020) of 52.219-7.

__(20) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and (3)).

__(21)

(i) 52.219-9, Small Business Subcontracting Plan (SEP 2023) (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 (JUN 2020) of 52.219-9.

__(v) Alternate IV (SEP 2023) of 52.219-9.

__(22)

(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

__(ii) Alternate I (MAR 2020) of 52.219-13.

__(23) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

__(24) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

__(25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C. 657f).

__(26)

(i) 52.219-28, Post Award Small Business Program Rerepresentation (FEB 2024) (15 U.S.C. 632(a)(2)).

__(ii) Alternate I (MAR 2020) of 52.219-28.

__(27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).

__(28) 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 (OCT 2022) (15 U.S.C. 637(m)).

__(29) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) ( 15 U.S.C. 644(r)).

__(30) 52.219-33, Nonmanufacturer Rule (SEP 2021) ( 15 U.S.C. 637(a)(17)).

X__(31) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

__(32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (FEB 2024).

_(33) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

__(34)

(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).

__(ii) Alternate I (FEB 1999) of 52.222-26.

__(35)

(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) ( 38 U.S.C. 4212).

__(ii) Alternate I (JUL 2014) of 52.222-35.

__(36)

(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) ( 29 U.S.C. 793).

__(ii) Alternate I (JUL 2014) of 52.222-36.

__(37) 52.222-37, Employment Reports on Veterans (JUN 2020) ( 38 U.S.C. 4212).

__(38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

X__(39)

(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (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).

__(40) 52.222-54, Employment Eligibility Verification (MAY 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in

FAR 22.1803.)

__(41)

(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.)

__(42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (MAY 2024) ( 42 U.S.C. 7671, et seq.).

__(43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (MAY 2024) ( 42 U.S.C. 7671, et seq.).

__(44) 52.223-20, Aerosols (MAY 2024) ( 42 U.S.C. 7671, et seq.).

__(45) 52.223-21, Foams (MAY 2024) ( 42 U.S.C. 7671, et seq.).

__(46) 52.223-23, Sustainable Products and Services (MAY 2024) ( E.O. 14057, 7 U.S.C.

8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

__(47)

(i) 52.224-3 Privacy Training (JAN 2017) ( 5 U.S.C. 552 a).

__(ii) Alternate I (JAN 2017) of 52.224-3.

__(48)

(i) 52.225-1, Buy American-Supplies (OCT 2022) (41 U.S.C. chapter 83).

__(ii) Alternate I (OCT 2022) of 52.225-1.

__(49)

(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 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 [Reserved].

__(iii) Alternate II (JAN 2025) of 52.225-3.

__(iv) Alternate III (FEB 2024) of 52.225-3.

__(v) Alternate IV (Oct 2022) of 52.225-3.

__(50) 52.225-5, Trade Agreements (NOV 2023) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X__(51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__(52) 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. Subtitle A, Part V, Subpart G Note).

__(53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__(54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).

X__(55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY 2024) ( E.O. 13513).

__(56) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

__(57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

__(58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

X__(59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT2018) ( 31 U.S.C. 3332).

__(60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__(61) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

__(62) 52.239-1, Privacy or Security Safeguards (AUG 1996) ( 5 U.S.C. 552a).

__(63) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (NOV 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

__(64) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C. 637(d)(13)).

__(65)

(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).

__(ii) Alternate I (APR 2003) of 52.247-64.

__(iii) Alternate II (NOV 2021) 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 products and commercial services:

[Contracting Officer check as appropriate.]

__(1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter67).

__(2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__(3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__(4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

__(5) 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).

__(6) 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).

__(7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order

14026 (JAN 2022).

__(8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O.

13706).

__(9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).

__(10) 52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking (JAN 2025) ( 49 U.S.C. 40118(g)).

(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, as defined in FAR 2.101, on the date of award of this contract, 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 products or commercial services. 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 (NOV 2021) (41 U.S.C. 3509).

(ii) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) ( 41 U.S.C.

4712).

(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L.

115-91).

(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(vi) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

(vii)

(A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders— Prohibition. (DEC 2023) ( Pub. L. 115–390, title II).

(B) Alternate I (DEC 2023) of 52.204–30.

(viii) 52.219-8, Utilization of Small Business Concerns (FEB 2024) ( 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 the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(ix) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(x) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).

(xi) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

(xiii) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

(xiv) 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.

(xv) 52.222-41, Service Contract Labor Standards (AUG 2018) ( 41 U.S.C. chapter 67).

(xvi)

(A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O 13627).

(B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xvii) 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).

(xviii) 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).

(xix) 52.222-54, Employment Eligibility Verification (MAY 2022) (E.O. 12989).

(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order

14026 (JAN 2022).

(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O.

13706).

(xxii)

(A) 52.224-3, Privacy Training (Jan 2017) ( 5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xxiii) 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. Subtitle A, Part V, Subpart G Note).

(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxvi) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (NOV 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

(xxvii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) ( 46 U.S.C. 55305 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 products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

ATTACHMENT 1: Performance Work Statement

Preventive Maintenance and Repair of Mass Spectrometry Equipment

PART I

1. Introduction and Background

The National Institute of Environmental Health Sciences (NIEHS), located in the Research Triangle Park, North Carolina, is one of the 27 Institutes and centers composing the National Institutes of Health. The mission of the NIEHS is dedicated to reducing the burden of disease and dysfunctions associated with the environment. This mission is accomplished by conducting basic and applied research into the effect of environmental exposure on biological systems and human health, on the identification of susceptible human subpopulations and on the interaction between the environment genetics and age. The instruments specified herein are required and used to conduct the stated basic and applied research. NIEHS would like to continue preventive maintenance service on the instruments needed to accomplish these research efforts.

2. Objective

This contract shall provide for a comprehensive preventative maintenance plan including inspection, preventive maintenance, repair service, and software maintenance as required by NIEHS. The contractor shall provide all necessary services, parts, labor, travel, and trained technical personnel necessary to achieve this.

The equipment to be covered by this contract have been under nearly continuous maintenance following the expiration of their manufacturer warranties. The instruments are therefore considered to be in good mechanical operating order with performance that is in accordance with the manufacturer’s design specifications. However, the contractor may elect to inspect and certify that the equipment is functioning properly.

3. General Requirements

The services/work that the Contractor shall provide specifically includes those described or specified herein. However, the performance as described and specified shall not be deemed to constitute a detailed specification having the effect of excluding other needed work not specifically mentioned that will be necessary for the successful completion of this project as generally described. The Contractor is required to furnish all service necessary to successfully fulfill the overall objectives set forth in the contract.

The level of service shall be provided by the Contractor for Government-owned Mass Spectrometry Equipment as listed.

Level 1 – Complete Coverage

a) Equipment listed under Service Level 1 – Complete Coverage shall, at a minimum, receive the following:

o One annual mechanical and electrical preventative maintenance (PM) visit per year, during which any and all necessary repairs or replacements are made.

o Additional repair and/or service visits are covered in full (this includes all travel, labor, equipment, supplies, and/or parts costs) and NIEHS is given priority response time.

o Telephone technical support is covered in full.

o Firmware updates are covered in full.

o Software upgrades are covered in full.

b) Equipment listed under Service Level 1 – Complete Coverage:

Thermo Equipment Serial # Sciex Equipment Serial #

QExactive Plus (Room F020) 03872L Qtrap 6500+ (Room F009) DY20541808

Selexion DC20511808

Quantiva (Room F016) EXR-TQH-Q1-0182

Exion LC degasser ABDG55671441

Vanquish Pump 8302524 Exion LC Autosampler AB3AC5670721

Vanquish Pump 8312465 Exion Controller ABCBM5671208

Vanquish Autosampler 8302459 ExionLC AD column oven AB3CT5570517

Vanquish Column Compartment 6300797 ExionLC AD pump AB3AD5671612

ExionLC AD pump AB3AD5671611

QExactive Plus (Room F014) 04104L

QQQ 7500 QTR (Room F014) FF226502310

Vanquish Pump 8304832 Shimadzu column oven L22246152649

Vanquish Pump 8308140 Shimadzu autosampler L22466151164

Vanquish Autosampler 8304965 Shimadzu solvent delivery module L22436151911

Vanquish Column Compartment 6500579 Shimadzu solvent delivery module L22436151912

Shimadzu degassing unit L22176154685

Quantiva (Room F007) TQH-Q1-0123 Shimadzu system controler L22106151698

Ultimate Pump 8079445

Ultimate Pump 8169311

Ultimate Autosampler 08080367

Ultimate Column Compartment 08080279

TSQ 8000 (Room F010) TSQ8131010

Trace 1310GC 717109061

TriPlus RSH 279106

The Technical Point of Contact (TPOC) will request repair service when determined to be necessary to maintain the equipment in optimum mechanical operating order so that desired performance will be in accordance with design specification.

The Contractor shall be held responsible for the cost of any repairs caused by negligence and abuse on his/her part. The Contractor shall be responsible for the cost for safeguarding all Government property that will be serviced under this contract.

The Contractor shall maintain a current list of all instruments covered by this contract and shall provide an updated list to the COR on a quarterly basis. This list must include the following information for each covered instrument; description, model number, serial number, NIEHS property number (if applicable), location of instrument (room number), principal investigator, and responsible contact. Only listed instruments shall be covered by the terms of this contract.

The Contractor shall remove all trash, discarded parts, dunnage, and other material from areas immediately after completion of preventive maintenance and/or emergency repair. Government-owned dumpsters and recycling containers shall be used for disposal of this waste material. The general area shall be left in a clean and orderly condition free of any foreign material caused by the preventive maintenance or repair activities.

Each piece of equipment to be maintained has been identified by the manufacturer’s serial number. Prior to the removal or replacement of the equipment, advance approval must be given by the TPOC. If the equipment is to be temporarily removed or temporarily replaced by the Contractor for the purpose of repair, it shall be the responsibility of the Contractor to contact the TPOC. The Contractor must identify all information on the replacement equipment, such as generic name of item, manufacturer, type/model, serial number, etc. to the TPOC. NIEHS procedures for removal of Government-owned equipment shall be followed. These procedures and the appropriate forms will be provided to the contractor by the responsible instrument user.

4. Contractor Personnel Requirements

The Contractor shall provide trained personnel with experience in repair and maintenance of the equipment types listed herein. Personnel must be qualified to perform the required preventive maintenance services and repairs for all listed equipment, and to properly re-install relocated instruments.

The Contractor should demonstrate experience, qualifications, and availability of the proposed personnel could include proof such as detailed resumes, descriptions of relevant training, as well as descriptions of previous experience with projects of similar complexity. Personnel should be able to fulfill the administrative requirements for successful contract monitoring and reporting and have demonstrated ability to maintain the types of instruments and prepare service reports.

In the event the service representative is unable to rectify the situation, the Contractor shall provide a senior service engineer, or like, to resolve any problems. All workmanship performed by the Contractor shall be of acceptable industry standard quality and shall be immediately rectified at no additional cost to the Government upon notification of non-acceptability by the

Government.

5. Specific Requirements and Tasks

The Contractor shall furnish all necessary personnel, labor, facilities, equipment, parts, materials, and supplies to provide the required technical support and expertise for the following services:

a. Preventive Maintenance

The Contractor shall provide regular service that shall consist of a minimum of one preventive maintenance inspection a year. The instruments shall be inspected and all necessary adjustments made at the time of. To continue proper performance, the units shall be checked completely for parts that may need to be replaced, reassembled, adjusted, and the unit will be thoroughly tested.

Preventative maintenance by the Contractor is to be made in accordance with model specific preventive maintenance checklists to assure maintenance in accordance with original factory specification. An annual preventative maintenance schedule shall be developed by the Contractor and provided to the TPOC for approval.

The Contractor must complete the PM’s and submit the paperwork to the Project Officer or Alternate Project Officer for instruments scheduled to receive service by the last day of the month following the scheduled PMs. The Contractor shall perform preventive maintenance procedures as described in checklists that are provided to the Government as part of the Contractor’s technical proposal. The Contractor shall provide the lab representative with a Preventive Maintenance Service Report upon completion of the preventive maintenance.

The Contractor shall notify the NIEHS users at least forty-eight hours in advance of making preventive maintenance inspections and shall confirm that the schedule work will be performed at a time convenient to the user.

b. Repair Service

The Contractor shall perform all repairs as may be required to restore instruments to optimum operating capacity. The TPOC, or authorized lab representative may notify the Contractor for repairs; the initiator will indicate the equipment in need of repair and its location. This contact with the Contractor will be done by the most convenient means, normally by direct telephone contact or email. As a part of services provided under this contract, the Contractor shall, at no additional cost to the Government, perform all repairs necessary to prevent a breakdown or failure of Government-owned equipment covered by this contract. The Contractor shall be required to furnish manufacturer approved repair parts. Repair parts used by the Contractor must be warranted against defects in materials and workmanship for one year. Equipment shall be maintained by the Contractor to 100% of equipment’s original specifications and technical updates. The Contractor will guarantee unlimited emergency visits with a response time maximum of 72 hours or less after the initial service inquiry; non-consumable parts used on emergency and maintenance visits; coverage of data systems included.

Equipment shall be maintained by the Contractor to be 100% of equipment’s original specifications and technical updates.

c. Replacement Parts and Supplies

All necessary repair parts and materials for maintenance of the instruments listed herein shall be furnished at no additional cost to the Government. The Contractor shall be required to furnish manufacturer approved repair parts. Repair parts used by the Contractor must be warranted against defects in materials and workmanship for one year.

d. Reporting Requirement and Deliverables

1. Service Reports – Delivery Tickets: The Contractor shall instruct its service representatives to obtain a signature from the NIEHS official responsible for the equipment on a service report upon completion of each service call. A copy of the signed service report shall be left with the NIEHS official responsible for the instrument under repair. The Contractor shall also forward copies of the Preventive Maintenance, Repair Service, and Relocation Service Reports to the TPOC, by the last day of the month following the end of the scheduled activity. However, Emergency Maintenance Service Reports shall be forwarded to the TPOC within 10 working days after completion of the service. At a minimum, Service Reports should include the following:

A. The Model Number, Serial Number, NIH Property Decal Number (if applicable), Principal Scientist, Responsible Username, Location, Date of Service, and a description of the service performed (i.e. calibration, parts replaced, etc.) for each instrument.

2. Monthly Report: The Contractor shall provide a typed monthly report to the Project

Officer or Alternate Project Officer not later than the last working day of the month following each scheduled activity. The monthly report should include the following:

A. A summary of the number and types of requests (i.e. emergency repairs, service repairs, and relocation) received, and completed. This summary shall be broken down for each type of service and grouped according to the type of service performed. The report should include: The Model Number, Serial Number, NIH Decal Number (if applicable), Principal Scientist, Responsible Username, Location, and Date of Service.

3. Servicing Stickers: The Contractor shall affix a new sticker to each instrument each time that service is performed on the instrument, removing and discarding any previous stickers. The sticker should include the following information:

A. Contractor Name & Contract Number, Instrument Serial Number, Instrument

Model Number, Service Representative Name & Telephone Number and Date of Service.

4. History File: The Contractor shall maintain a history file on all repairs, emergency repairs, preventative maintenance, and relocations and must indicate any corrective action taken. The history file shall be the property of the Government and be turned over to the TPOC upon completion of the contract.

e. Quality Assurance System

The contractor should propose a system that ensures the work meets government and industry standards. It may include tools like self-inspection checklists, work records, problem-solving methods, and documentation to address and fix issues. A well-managed system helps improve contract performance and government oversight. Contractors are encouraged to use industry standards, tailoring the system's complexity to the service's importance and difficulty.

f. Inventory

The Technical Point of Contact (TPOC) and the Contractor shall perform a quarterly inventory of all equipment covered on the contract.

6. Government Responsibilities

The Technical Point of Contact will ensure that the service personnel have government issued badges to gain access to the NIEHS facility and any equipment or instrument to be serviced.

The Government will monitor the Contractor’s performance under this contract and shall retain the right to perform unscheduled inspections, as it deems necessary. Furthermore, the Government retains all rights provided by the FAR (Federal Acquisition Regulations) clause entitled “Inspection of Services – Fixed Price” and any other inspection clause, which may be specified in the contract.

7. Inspection and Acceptance Criteria

The Technical Point of Contact will monitor the Contractor’s activities and accomplishments and will indicate acceptance or non-acceptance of the deliverable. The deliverables identified above will be inspected and either approved or, if they are not acceptable, rejected by the TPOC. Such inspections will occur within five workdays after receipt of the deliverable.

8. Definitions

The definitions listed below are the special terms and phrases used in this Work Statement or elsewhere in the contract document. For the purpose of the contract, all definitions will apply throughout.

a. Preventive Maintenance (PM) – scheduled checks and services (to include adjustments, cleaning, calibration, inspection, parts replacement and equipment servicing) of installed equipment at intervals recommended by the manufacturer or standards within the industry to ensure proper and efficient operation with minimum breakdowns, deterioration, or other deficiencies.

b. Repair Service – The restoration of failed or failing Government-owned property to its intended capability or use. Repairs may be accomplished by replacement or restoration of component parts or materials that have deteriorated, worn out, or are broken and unable to perform to current prescribed standards.

9. Period of Performance

The services shall be performed for a base period of 12 months upon date of award.

10. Place of Performance National Institute of Environmental Health Sciences, 111 TW Alexander Dr., Building 101, Research Triangle Park, NC 27709; F-module basement. Hours of operation, 8am – 5pm EST.

Technical Exhibit 1: Performance Requirements Summary

Performance Objective Performance Standard

Performance Threshold

Method of Surveillance

PRS # 1

The contractor shall provide preventative maintenance.

Ensure the instruments and components listed in Part 1.3.b.

are always fully operational and within original factory specifications.

See Part 1.5.a.

All instruments and components are completely operational and conform to manufacturers specifications.

100% Technical

POC

inspection and periodic surveillance

PRS # 2

The contractor shall provide service call repairs.

Repairs are made in a timely manner. Customer is informed of expected repair time. Response time is 72 hours or less.

Response and repair are made within the specified times.

See Part 1.5.b.

Response to service calls is within 72 hours. Repairs are made in a timely manner.

100% Technical

POC

inspection and periodic surveillance.

PRS # 3

The contractor shall provide qualified/experienced personnel.

Contractor personnel shall be experienced, fully trained, and technically capable of

See Part 1.4.

Contractor personnel shall be fully qualified to preform required duties.

100% Technical

POC

inspection and periodic surveillance.

Performance Objective Performance Standard

Performance Threshold

Method of Surveillance performing work on the instruments and components listed in Part 1.3.b.

PRS # 4

The contractor shall provide parts for preventative maintenance and repairs.

Parts required for maintenance and repairs shall be supplied by the contractor at no additional cost to the government, including necessary hardware and/or firmware.

See Part 1.5.c. The Contractor shall provide manufacturer approved and warranted repair parts.

100% Technical

POC

inspection and periodic surveillance.

ATTACHMENT 2: Invoice and Payment Provisions (Vendor has Transitioned to

IPP)

Invoice and Payment

Provisions (Vendor has Transitione d to IPP)

The following…