4.04 HT9410-23-Q-2041 Urine Analyzer.pdf

NOTICE TO CONTRACTOR

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 Products and Commercial Services, in conjunction with FAR Part 13 Simplified Acquisition Procedures, as supplemented with additional information included in this notice.

This announcement constitutes the only solicitation; quotes are being requested, and a separate written solicitation will not be issued. The solicitation number is HT941023Q2041. It is issued as a Request for Quote (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2023-04 effective 06/02/2023 and Defense Federal Acquisition Regulation Supplement (DFARS) change 06/09/2023. The North American Industry Classification System (NAICS) Code for this acquisition is 334516. The size standard is 1250 employees.

This is an unrestricted procurement, inviting full and open competition. It is the responsibility of the contractor to be familiar with the applicable clauses and provisions.

This requirement is an Automated Urine Analyzer

Defense Health Agency Contracting Activity (DHACA) Western Markets Contracting Division requests responses from qualified sources capable of providing the following:

STATEMENT OF REQUIREMENTS

The requirement is for the lease of one (1) Analyzer, Laboratory, Urinalysis, Chemical Analyzer, Cell Counting, Automated [67-746], reagents, quality control, maintenance, and consumables for Naval Health Clinic (NHC) Oak Harbor, Brand Name or Equal (BNE) to the Sysmex UN2000-001. The contracted analyzers shall be capable of preforming the tests listed below with the minimum workload indicated.

TEST TESTS/YEAR Urinalysis >5,000 per year

The analyzer shall be capable of performing the analysis of urine samples to include visual and measurable chemical components of Color, Clarity, Glucose, Bilirubin, Ketone, Specific Gravity, Blood, pH, Protein, Urobilinigoen, Nitrite, Leukocytes using known, standard scientifically sound processes. Equipment must include diagnostic capability to for the measurement of structures in the urine sample to include but not limited to white blood cells, red blood cells, epithelial cells, urine casts, bacteria, potential crystals, sperm, mucus, and other visually identifiable components that may contained within a urine sample.

Instrument should include automatic calibration with immediate start-up. Equipment must be able to automatically read, interpret, and document test strip results of tests listed above in real-time. Instrument must be able to correctly flag samples for follow-up microscopy testing. Equipment shall include automated checks for humidity and low sample volume as well as full bottle and empty bottle alarms. Equipment shall include a low tests available warning.

The analyzer shall have a minimum automated throughput of at least 200 tests/hour and be capable of testing a minimum sample volume of 2mL. The unit should be capable of providing a print off results recovered that match the digital display and match the results transmitted to the current LIS system.

The analyzer shall be able to integrate and communicate bi-directionally with the Composite Health Care System (CHCS), Military Healthcare System (MHS) Genesis and the laboratory information system (LIS), as specified in the SOW. The vendor shall provide two (2) operational and two (2) service manuals, each in English in both digital format and printed formats.

Vendor shall provide all quality control reagents, equipment installation, validation testing, onsite and offsite user training and preventive maintenance coverage. The vendor shall provide validation of the analyzers, including normal range verification, demonstration of linearity, reportable range, replication studies, recovery studies and establishment of initial control ranges using appropriate control materials. Corrective maintenance coverage shall be provided and include response times, as specified in the Statement of Work (SOW). Training shall be provided by the vendor, as specified in the SOW.

The urinalysis analyzer shall connect with the existing floor drain for wastewater. The dimensions for the urine chemistry analyzer shall not exceed 23x30x30 inches (HxWxD). The electrical requirements are 100–240 VAC 48– 62 Hz with a maximum power output of 100 VA.

The system, including claims made for the product, shall be compliant with Food and Drug Administration (FDA) regulations, with respect to marketing and delivering medical products for use in the United States of America.

These requirements shall apply even if delivery is requested outside of the United States of America. The system shall be installed in compliance with OSHA requirements.

Contractor shall be an Original Equipment Manufacturer (OEM) authorized dealer, authorized distributor, or authorized reseller for the proposed equipment/system such that OEM warranty and service are provided and maintained by the OEM. All software licensing, warranty, and service associated with the equipment/system shall be in accordance with the OEM terms and conditions.

Upon delivery, the contractor shall be responsible for uncrating the unit/system, transporting it through the facility to the location of intended use for installation, and removing of all trash created in this process. If interim storage is required, the vendor shall make arrangements for the storage. The vendor is also responsible for the initial instrument operational and performance validations.

2. Reagent and supply delivery a. All supplied items and reagents shall be certified for use with the vendor equipment provided. b. All supplied items and reagents shall have a minimum shelf life of 6 months upon receipt by the Government. c. All supplied items and reagents that require special handling (e.g. refrigeration, time sensitive, immediate open, etc.) will be marked in a clear manner with a label. The label will be placed in three (3) or more locations on the container (top & two sides). Supplies/items that require refrigeration will have both the required Celsius and Fahrenheit temperature identified. d. The contractor shall provide delivery and installation on-site to the delivery point identified below:

Naval Health Clinic Oak Harbor Laboratory Department 3475 N Saratoga St Oak Harbor WA 98278-8800

3. Maintenance. a. The vendor shall provide OEM-trained, experienced, English-speaking personnel. The vendor shall provide all labor, tools, diagnostic equipment, software, material, supplies, transportation, parts, and equipment necessary to perform Preventive Maintenance (PM), Calibration (CAL), Safety Testing (ST), and corrective maintenance. b. The vendor shall provide telephonic communications with the Government to discuss technical matters relating to the performance of this contract. A systems operator shall be made available to answer technical questions regarding system operations and applications. c. Equipment listed in this contract will be maintained to meet and retain the original equipment manufacturers (OEM) specifications/equipment certification. d. The vendor shall provide maintenance services Monday through Friday from 0730-6700 local time, excluding Federal Government holidays as seen at the following site: https://www.opm.gov/policy-data-oversight/payleave/pay-administration/fact-sheets/holidays-work-schedules-and-pay. This includes annually required performance maintenance. Customer and Technical support should be available by phone 24 hours, 7 days a week.

4. Preventive Maintenance Services. a. Normal Business Hour Maintenance Coverage will be Monday through Friday, from 0730-1600 local time, excluding Federal Government holidays. Vendor shall provide full-service preventive maintenance. b. Preventive maintenance shall be performed in accordance with OEM recommendations.

c. The vendor shall perform PM service checks during the base contract period at the OEM’s recommended intervals. Vendor will also perform PM service checks during each option year at a date and time mutually agreed upon by the vendor and the Government. d. All test equipment used in the performance of this contract shall be calibrated, as required by the OEM, and shall be in compliance with Joint Commission (JC), OEM, the College of American Pathologist’s (CAP), Food and Drug Administration (FDA), and National Institute of Standards and Technology (NIST) standards.

5. Corrective Maintenance a. Vendor shall provide on-site corrective maintenance from 0730-1600 Local Time, Monday-Friday, to include unlimited service calls. Telephonic technical support shall be available 24 hours per day, 7 days per week.

b. A vendor service technician shall respond via telephone within two (2) hours after receipt of trouble call and provide on-site service within twenty-four (24) hours after receipt of trouble call. Equipment shall be repaired and deemed operational within 48 hours.

c. The Government’s request for corrective maintenance will be placed by Biomedical Engineering Division (BIOMED) personnel, directly to the vendor or its representatives. Corrective maintenance shall be completed during the hours specified in the contract.

d. The vendor’s response to requests for service may include telephone consultation with the equipment user/operator and a vendor FSE. Telephone consultation shall:

1.) provide instruction in determining operator error; 2) determine the most likely cause of the problem; 3) determine if resolution of the problem requires the dispatch of a FSE; and 4) identify replacement parts likely to be required in order to return the equipment to 100% operational condition as specified by the OEM.

e. The vendor’s quoted annual pricing shall be inclusive of all costs including parts, consumables, labor, travel, and shipping.

f. The Vendor shall have and provide to its representatives its own service manuals, specifications, schematic diagrams, and parts lists to assist in the evaluation and/or repair of all equipment included in this contract.

6. Replacement Parts/Upgrades. a. The vendor and its representatives shall have ready access to unique and/or high mortality replacement parts. All parts supplied shall be compatible with the existing system. In the event that replacement parts require shipment, shipping shall be performed in the fastest reasonable means possible at no additional cost to the Government. b. The vendor shall replace all worn or defective parts necessary to restore the equipment to 100% operational condition as specified by the OEM. c. Freight, postage, and storage charges associated with shipment and receipt of replacement parts and the return of parts shall be the responsibility of the vendor. d. All replacement parts shall be new and certified as OEM replacement parts. e. The vendor shall provide software revisions, updates, and upgrades (field service changes) required by FDA announced or manufacturer-announced hazards, alerts, or recalls, including those falling under the FDA Year 2000 Compliance Directive, as part of the contract at no additional cost to the Government. Upgrades shall be performed as soon as possible after release, but no later than during the first scheduled PM inspection after release. For any updates that have been identified as critical, or required for the proper operation of equipment, the vendor shall provide installation within 30 days of release regardless of PM schedules. f. With approval from the Government, the vendor may perform hardware/software upgrades as they become available.

7. Training

a. The vendor shall provide initial on-site operator training to all technicians assigned to the NHC Oak Harbor Laboratory prior to the initial use of the equipment.

b. The vendor shall provide a minimum of one (6) operator training at the vendor’s training facility prior to the delivery and installation of the equipment.

8. Composite Health Care System (CHCS).

a. The system shall be capable of bi-directionally interfacing with the CHCS, Military Healthcare System (MHS) Genesis and the laboratory information system (LIS).

b. The system shall have the ability to receive HL7 order messages (ORM) and information from the LIS and provide DICOM Modality Worklist to the modalities.

c. If the vendor is not already approved to connect to these systems bi-directionally, the vendor shall agree to complete any bi-directional interface integration at no additional cost to the Government. Interface integration must be completed prior to final acceptance of the system.

9. Government furnished property, Materials and Services.

a. The Government will be responsible for maintaining the proper environment, including utilities and site requirements, necessary for the system to function properly as specified by the OEM.

b. The Government will operate the system in accordance with the instruction manual provided by the OEM.

c. The Government will not be responsible for damage or loss due to fire, theft, accident, or other disaster of vendor supplies, materials, or for the personal belongings brought onto Government property by vendor personnel.

10. Vendor Furnished Property and Material

a. The vendor shall provide all service literature, reference publications, laptop computers and diagnostic software to be used by the Vendor service technicians and as required for the completion of the services in accordance with this contract.

11. Vendor Responsibility. a. The vendor shall be responsible for the repair and/or replacement of damaged Government-owned equipment and property, resulting from the negligence of the vendor or its representatives. All such replacement or repair shall be completed at the vendor's expense and shall be inspected to the satisfaction of the Contracting Officer (KO) or his/her appointed representative.

12. Removal of Government Property

a. No equipment shall be removed without the approval of the Contracting Officer’s Representative and Materials Management Department (MMD) of the Medical Treatment Facility (MTF). Property passes for equipment removal shall be obtained by the vendor via the MMD of the MTF. Any failure to obtain such passes, which results in detainment or prosecution of service vendor personnel, is the sole responsibility of the service vendor and their personnel.

b. The vendor shall provide a detailed description of removed items on the vendor’s company letterhead. For associated items/accessories, the vendor shall provide a detailed written description and quantities of items to be removed. Descriptions shall include, at a minimum, the manufacturer’s serial numbers and facility equipment control numbers (ECNs) of all equipment/items removed. In the event that items/sub-assemblies/accessories are “repaired by replacement”, a detailed description of replaced items is to be included upon return of repaired components.

c. No additional charge shall be allowed for work performed off-site, or any additional time required. All charges resulting from a vendor determined requirement to transport Government-owned property, covered by this contract, to and from an alternate repair location shall be the responsibility of the vendor. The vendor shall provide insurance coverage for damage to or loss of equipment while in vendor or service vendor’s custody.

d. In regard to patient information confidentiality and privacy, all vendors and/or service vendors shall not remove equipment containing personally identifiable information (PII) or patient health information (PHI) from the Government site. The equipment hard drive (HDD) shall be removed by MTF personnel prior to equipment removal from the site. Furthermore, equipment removed from the MTF will be prorated from the date of removal for service maintenance fees. If HDD are to be replaced, the HDD in disrepair shall be left at the MTF for disposal.

13. Service Beyond the Scope of the Contract

a. The vendor shall immediately, but not later than 24 consecutive hours after discovery, notify BIOMED in writing of the existence of or the development of any defects in the scheduled equipment, for which the Vendor considers they are not responsible for repairing under the terms of this contract.

b. At the same time of this notification, the vendor shall furnish BIOMED with a written estimate of the cost to make the necessary repairs. Repairs considered by the Contracting Officer to be outside the scope of this contract shall not be covered under this contract, but shall be ordered under a separate purchase order.

14. Vendor Report Requirements.

a. During normal duty hours, vendor FSE personnel shall check-in with the Biomedical Engineering Division (BIOMED) upon arrival at the Government site and again prior to departure. The vendor FSEs shall personally notify BIOMED personnel of problems that result in the equipment being left disabled upon their departure. If equipment is left disabled, a method of physical use prevention of the disabled equipment shall be implemented, and the disabled equipment shall be locked out with a letter of intent in compliance with OSHA regulation to prevent any patient hazards. After normal duty hours, vendor FSEs shall notify the Command Duty Officer and the systems’ operator designated by BIOMED personnel.

b. The vendor shall provide to BIOMED personnel a full-service report within two (2) days after completion of all services performed. Each service report shall at a minimum document the following data legibly, in complete detail, and in English:

i. Name of Vendor

ii. Contract Number

iii. Name of field service technician performing service

iv. Vendor log/control number v. Date, time (beginning and ending), and hours on-site for service call

vi. Description of problem reported by user

vii. Equipment identification factors to include manufacturer, make, model, serial number and Facility Equipment Control Number (ECN)

viii. Itemized description of service performed to include labor and travel costs, parts used, parts cost, parts number/nomenclature, part new or reconditioned, part manufacturer, and problem/corrective action taken or recommended

ix. Problem resolution or pending action

x. Total billing cost xi.

xi. Signatures:

a. Field Service Technician performing services

b. BMET verifying service rendered

xii. In the event that agents/sub-vendors are used in the performance of repairs, said agent shall be identified on the service report by company name, point of contact, and contact information (i.e. telephone number and email).

15. Period of Performance Base - From: 08/01/2023 to 07/31/2024 Option 1 - From: 08/01/2024 to 07/31/2025 Option 2 - From: 08/01/2025 to 07/31/2026 Option 3 - From: 08/01/2026 to 07/31/2027 Option 4 - From: 08/01/2027 to 07/31/2028

CLIN 0001: Urine Analyzer – Base Location: Naval Health Clinic Oak Harbor, Laboratory Department, 3475 N Saratoga St., Oak Harbor WA 98278-8800 Period of Performance (POP): 08/01/2023 to 07/31/2024 Quantity: 1 Unit of Issue: Job

CLIN 1001: Urine Analyzer Location: Naval Health Clinic Oak Harbor, Laboratory Department, 3475 N Saratoga St., Oak Harbor WA 98278-8800 Period of Performance (POP): 08/01/2024 to 07/31/2025 Quantity: 1 Unit of Issue: Job

CLIN 2001: Urine Analyzer Location: Naval Health Clinic Oak Harbor, Laboratory Department, 3475 N Saratoga St., Oak Harbor WA 98278-8800 Period of Performance (POP): 08/01/2025 to 07/31/2026 Quantity: 1 Unit of Issue: Job

CLIN 3001: Urine Analyzer Location: Naval Health Clinic Oak Harbor, Laboratory Department, 3475 N Saratoga St., Oak Harbor WA 98278-8800 Period of Performance (POP): 08/01/2026 to 07/31/2027 Quantity: 1 Unit of Issue: Job

CLIN 4001: Urine Analyzer

Location: Naval Health Clinic Oak Harbor, Laboratory Department, 3475 N Saratoga St., Oak Harbor WA 98278-8800 Period of Performance (POP): 08/01/2028 to 07/31/2029 Quantity: 1 Unit of Issue: Job

DEFENSE BIOMETRIC IDENTIFICATION SYSTEM (DBIDS)

DBIDS is the current system for access control verification and management for the Department of Defense (DoD).

(a) DBIDS guidance for Vendors/Contractors to obtain a pass is accessible through the following website:

https://www.cnic.navy.mil/Operations-and-Management/Base-Support/DBIDS/

(b) For more information or to enroll in the DBIDS Program, call: 1 (202) 433-4784.

(c) To pre-enroll for a DBIDS card, visit https://dbids-global.dmdc.mil/enroll#!/. Pre-enrolling will help expedite your processing time.

(d) Vendors, contractors, suppliers, and other service providers shall present their pass upon entry at the entry control point (ECP).

This acquisition incorporates by reference the following FAR provisions and clauses:

52.204-2 Security Requirements (Mar 2021) 52.203-3 Gratuities (Apr 1984) 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of

Whistleblower Rights (Jun 2020) 52.204-7 System for Award Management (Oct 2018) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020) 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (Nov 2021) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance

Services or Equipment (Nov 2021) 52.204-26 Covered Telecommunications Equipment or Services-Representation (Oct 2020) 52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial

Services (DEVIATION 2023-O0002) (Dec 2022), Alternate I (Oct 2014) 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services (Dec

2022) 52.217-5 Evaluation of Options (Jul 1990) 52.232-18 Availability of Funds (Apr 1984) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023)

The following additional DFARS provisions and clauses applicable to this acquisition are incorporated by reference:

252.203-7000 Requirements Relating to Compensation of Former DoD Officials (Sep 2011) 252.203-7002 Requirement to Inform Employees of Whistleblower Rights (Sep 2013) 252.203-7005 Representation Relating to Compensation of Former DoD Officials (Sep 2022) 252.204-7003 Control of Government Personnel Work Product (Apr 1992) 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls (Oct 2016) 252.204-7009 Limitations on the Use or Disclosure of Third- Party Contractor Reported Cyber Incident Information (Jan 2023) 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting (Jan 2023) 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support (Jan 2023) 252.204-7016 Covered Defense Telecommunications Equipment or Services—Representation (Dec

2019) 252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or

Services—Representation (May 2021) 252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or

Services (Jan 2023) 252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements (Mar 2022) 252.204-7020 NIST SP 800-171 DoD Assessment Requirements (Jan 2023) 252.204-7022 Expediting Contract Closeout (May 2021) 252.204-7023 Reporting Requirements for Contracted Services (Jul 2021) 252.204-7024 Notice on the Use of the Supplier Performance Risk System (Mar 2023) 252.205-7000 Provision of Information to Cooperative Agreement Holders (Jun 2023) 252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism (May 2019) 252.211-7003 Item Unique Identification and Valuation (Jan 2023) 252.211-7007 Reporting of Government-Furnished Property (Mar 2022) 252.211-7008 Use of Government-Assigned Serial Numbers (Sep 2010) 252.215-7010 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or

Pricing Data (Jan 2023) 252.215-7016 Notification to Offerors—Postaward Debriefings (Dec 2022) 252.219-7000 Advancing Small Business Growth (Jun 2023) 252.219-7003 Small Business Subcontracting Plan (DoD Contracts)—Basic (Dec 2019) 252.223-7008 Prohibition of Hexavalent Chromium (Jan 2023) 252.225-7001 Buy American and Balance of Payments Program—Basic (Jan 2023) 252.225-7002 Qualifying Country Sources as Subcontractors (Mar 2022) 252.225-7012 Preference for Certain Domestic Commodities (Apr 2022) 252.225-7021 Trade Agreements—Basic (Jan 2023) 252.225-7036 Buy American—Free Trade Agreements—Balance of Payments Program—Basic (Jan

2023) 252.225-7048 Export-Controlled Items (Jun 2013) 252.225-7055 Representation Regarding Business Operations with the Maduro Regime (May 2022) 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime (Jan 2023) 252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region–

Representation (Jun 2023) 252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region (Jun

2023) 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (Dec 2018)

252.232-7006 Wide Area WorkFlow Payment Instructions (Jan 2023) 252.232-7010 Levies on Contract Payments (Dec 2006) 252.239-7098 Prohibition on Contracting to Maintain or Establish a Computer Network Unless Such

Network is Designed to Block Access to Certain Websites—Representation (DEVIATION 2021-O0003) (Apr 2021)

252.243-7002 Requests for Equitable Adjustment (Dec 2022) 252.244-7000 Subcontracts for Commercial Items and Commercial Components (DoD Contracts) (Jan

2023) 252.246-7003 Notification of Potential Safety Issues (Jan 2023) 252.246-7008 Sources of Electronic Parts (Jan 2023) 252.247-7023 Transportation of Supplies by Sea—Basic (Jan 2023)

The following FAR provisions and clauses incorporated by full text apply to this acquisition:

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND

VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products or Commercial Services.

The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It will, will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It does, does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand;

model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable);

or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand;

model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable);

or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAR 2023)

(a) North American Industry Classification System (NAICS) code and small business size standard.

The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition—

(1) Is set aside for small business and has a value above the simplified acquisition threshold;

(2) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(3) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show—

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at Federal Acquisition Regulation (FAR) 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2) (i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1) (i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to-

GSA Federal Supply Service Specifications Section Suite 8100 470 East L’Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925 Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (https://assist.dla.mil/online/start/).

(ii) Quick Search (http://quicksearch.dla.mil/).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by-

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST;

or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier. (Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) [Reserved]

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

Addendum to FAR 52.212-1, Instructions to Offerors—Commercial Products and Commercial Services

The following is inserted as new paragraph (m) of the provision:

(m) QUOTER INSTRUCTIONS

The Government intends to award a firm-fixed-price (FFP) contract resulting from this RFQ to the responsible Quoter, whose quote conforms to the solicitation and is the most advantageous (best value) to the Government, price and other factors considered as defined in the EVALUATION FACTORS FOR AWARD section below. The Government will review the quotes received to determine if they are compliant with the RFQ requirements. A compliant quote is one that meets all the terms, conditions, and specifications in the RFQ. The Quoter must provide all documents listed and comply with all RFQ instructions in order for their quote to be considered “compliant” with this RFQ. Only compliant quotes will be evaluated for award.

All questions regarding the RFQ, of a contractual or technical nature, must be submitted electronically by email to Steffany.a.becker.civ@health.mil no later than 1600 PST on 25 July 2023. Questions submitted after the specified date and time may not receive a response. Questions, along with the Government’s responses, will be posted as an attachment to the RFQ. Please be advised that the Government reserves the right to transmit those questions and answers of a common interest to all prospective Quoters.

Final Electronic Submission of Quotes: Quotations shall be submitted electronically and must be received no later than 1600 PST on 26 July 2023 to Steffany.a.becker.civ@health.mil.

Reference solicitation no: HT941023Q2041.

Quoters are instructed to electronically submit their complete quotation in one (1) single file, formatted in Portable Document Format (PDF) with a .pdf file extension as follows:

- FACTOR 1: Technical Capability:

The Quoter shall submit a capabilities statement, not to exceed two (2) pages, demonstrating the ability of the proposed product to meet the salient characteristics identified in Attachment 1 (Statement of Work).

- FACTOR 2: Past Performance:

The Quoter shall use Attachment 2 (Past Performance Questionnaire) to provide completed references for two (2) projects where you have provided RECENT and RELEVANT performance of the same or similar services required in this solicitation within the past three (3) years from the date of issuance of this RFQ. Past performance will be evaluated based on information from references provided and from authorized Government past performance systems and resources, including the Contractor Performance Assessment Rating System (CPARS).

RECENT is defined as services performed within the past three (3) years from the date of issuance of this RFQ. RELEVANT is defined as services the same as or similar to the services specified in the Performance Work Statement (PWS). Past performance information not meeting the above criteria will not be used for evaluation.

- FACTOR 3: Price:

The Quoter shall use Attachment 3 (Quote Sheet) to submit a firm-fixed-price for all contract line item numbers (CLINs) identified. Attachment 3 (Quote Sheet) shall be completed and signed, with acknowledgment of all amendments to the solicitation. No attempt to reformat or remove cells is authorized. Submission of pricing data shall be complete and accurate. Incomplete pricing may result in a Quoter’s quotation being deemed ineligible for award.

- Completed Provisions:

Quoters shall be registered in the System for Award Management (SAM) with the appropriate NAICS code and completed representations and certifications and shall not have any active exclusions listed within SAM. Additionally, the Quoter shall include one (1) copy of the following FAR provision(s) located within this RFQ that shall be completed and included with the quote:

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance

Services or Equipment

LATE SUBMISSIONS MAY NOT BE CONSIDERED.

It is a Quoter’s responsibility, when transmitting its quote electronically, to ensure the quote’s timely delivery by transmitting the quote sufficiently in advance of the time set for receipt of quotes to allow for timely receipt by the Government no later than the date and time stated in this RFQ. Quoters shall allow adequate time to upload files, which may be slower for non-DoD users, and to avoid other technical difficulties that may be encountered. A Quoter risks the late receipt and rejection of a quote where it delays transmitting its quote until the last few minutes before the time set for receipt of quotes.