75N91019Q00058_-_Base_IDIQ_Contract_SOW.docx

IDIQ Statement of Work

1. TITLE

Maintenance Service Support for Zeiss Confocal and Epifluorescence Microscopes at the NCI CCR Microscopy Core Facilities.

1. BACKGROUND

NCI currently has twenty-five Zeiss systems that require service contract coverage. Technical support and local service is needed for both hardware and software support to ensure maximum user time on the systems and minimal “down-time” for repairs and /or training on the systems. This is a necessity as any instrument downtime has the potential to affect the work of hundreds of NCI researchers

1. SCOPE

The Contractor shall provide all labor, materials and equipment to provide preventive maintenance for Government-owned equipment listed below. All maintenance services shall be performed in accordance with the manufacturer’s standard commercial maintenance practices.

1. TYPE OF CONTRACT

The contract type shall be Indefinite Delivery Indefinite Quantity (IDIQ).

1. TYPE OF ORDERS (IDIQ)

Task orders issue under this IDIQ contract shall be severable firm fixed-price task orders.

1. MINIMUM AND MAXIMUM AMOUNT (IDIQ)

During the contract period, the Government shall place orders totaling a minimum of $335,000. This reflects the contract minimum for the entire period of performance, including any options. The contract maximum for the entire period of performance, including any options, shall be for the placement of orders totaling a maximum of $3,000,000.

6.1 CONTRACT LINE ITEM PRICING (IDIQ) Comment by Rodriguez, Reyes (NIH/NCI) [E]: I believe we need to have a table for the Contractor to fill the pricing information for base and all options for instruments 1-22 (base) and 1-25 (options). Creating a table might help.

Provide pricing for 12 months of service for each instrument listed below. This pricing shall be used for issuing Task Orders.

Consisting of:

1 each Protect premium LSM 710 (34 Ch.)

1 each Protect premium Research Microscope mot

1 each Protect premium NLO Coupling

Consisting of:

1 each Protect premium LSM 780

1 each Protect premium Research Microscope mot

1 each Protect premium 405/440nm CW Laser

Consisting of:

1 each Protect premium LSM 780

1 each Protect premium Research Microscope mot

1 each Protect premium 405/440nm CW Laser

Consisting of:

1 each Protect premium ELYRA S.1

1 each Protect premium Research Microscope mot

1 each Protect premium 405/440nm CW Laser

Consisting of:

1 each Protect premium LSM 880 (34 Ch.)

1 each Protect premium Research Microscope mot

1 each Protect premium LSM BiG Detector

1 each Protect premium Airyscan

1 each Protect premium 405/440nm CW Laser

1 each Protect premium NLO Coupling

Consisting of:

1 each Protect premium LSM 780

1 each Protect premium Research Microscope mot

Consisting of:

1 each Protect premium ELYRA PS.1

1 each Protect premium Research Microscope mot

Consisting of:

1 each Protect premium Research Microscope mot

1 each Protect premium Scanning Stage

1 each Protect premium Definite Focus

Consisting of:

1 each Protect premium LSM 880 (34 Ch.)

1 each Protect premium Research Microscope mot

1 each Protect premium LSM BiG Detector

Consisting of:

1 each Protect premium LSM 780

1 each Protect premium Research Microscope mot

1 each Protect premium 405/440nm CW Laser

Consisting of:

1 each Protect premium LSM 710 (34 Ch.)

1 each Protect premium Research Microscope mot

1 each Protect premium 405/440nm CW Laser

Consisting of:

1 each Protect premium Axio Scan

1 each Protect premium HE-BF for Axio Scan

Consisting of:

1 each Protect premium LSM 700

1 each Protect premium Research Microscope mot

1 each Protect premium 405/440nm CW Laser

Consisting of:

1 each Protect premium Research Microscope mot

Consisting of:

1 each Protect premium Research Microscope mot

Consisting of:

1 each Protect premium LSM 780

1 each Protect premium Research Microscope mot

1 each Protect premium 405/440nm CW Laser

Consisting of:

1 each Protect premium Research Microscope mot

1 each Protect premium Definite Focus

Consisting of:

1 each Protect premium Research Microscope mot

Consisting of:

1 each Protect premium LSM 710 (2/3 Ch.)

1 each Protect premium Research Microscope mot

1 each Protect premium 405/440nm CW Laser

Consisting of:

1 each Protect premium Research Microscope mot

1 each Protect premium Definite Focus

Consisting of:

1 each Protect premium Research Microscope mot

Consisting of:

1 each Protect premium Research Microscope mot

1 each Protect premium Axiocam 503/506/512/702

Consisting of:

1 each Protect premium Research Microscope mot

1 each Protect premium Axiocam 503/506/512/702

Consisting of:

1 each Protect premium LSM 880 (34 Ch.)

1 each Protect premium Airyscan

1 each Protect premium Research Microscope mot

1 each Protect premium 405/440nm CW Laser

Consisting of:

1 each Protect premium Lightsheet multi-dir

1 each Protect premium Detection PCO Edge

1 each Protect premium 405/440nm CW Laser

1. PERIOD OF PERFORMANCE

The period of performance of the resulting IDIQ award shall consist of a 12-month base period and four (4) 12-month ordering option periods. Multiple task orders are anticipated during the base and four (4) ordering periods, as follows:

Base Period: August 1, 2019 – July 31, 2020. Comment by Rodriguez, Reyes (NIH/NCI) [E]: Please update dates Option Period 1: August 1, 2020 – July 31, 2021.

Option Period 2: August 1, 2021 – July 31, 2022.

Option Period 3: August 1, 2022 – July 31, 2023.

Option Period 4: August 1, 2023 – July 31, 2024.

1. SPECIAL ORDER REQUIREMENTS

8.1 PREVENTIVE MAINTENANCE: The Contractor shall perform one (1) preventative maintenance inspection (PMI) during the contract period. Service shall be performed by technically qualified factory trained personnel. Service shall consist of a thorough cleaning, calibration, adjustment, inspection, lubrication, and testing of all equipment in accordance with the manufacturer’s latest established service procedures. All equipment shall be operationally tested through at least one (1) complete operating cycle at the end of the preventive maintenance inspection to assure optimum and efficient performance. All maintenance services shall be performed in accordance with the manufacturer’s standard commercial maintenance practices. Preventative Maintenance inspections shall occur Monday through Friday during standard business hours (9AM-5PM) not including Contractor holidays

8.2 EMERGENCY SERVICE: Emergency repair services shall be provided on an unlimited basis during the term of this contract at no additional cost to the Government. Emergency service shall be provided, during normal working hours, Monday through Friday excluding Federal holidays. Upon receipt of notice that any part of the equipment is not functioning properly, the Contractor shall furnish within seventy-two (72) hours, a certified factory-trained service engineer to inspect the equipment and perform all repairs and adjustments necessary, using unlimited new or remanufactured with original equipment specifications parts to restore the equipment to normal and efficient operating condition. Contractor will provide unlimited use of loaner equipment for any instrument that has to travel off site for repair. Emergency service calls shall not replace the necessity for PMI.

8.3 REPLACEMENT PARTS: The Contractor shall furnish all required replacement parts at no additional cost to the Government, with the exception of consumable items such as batteries and light bulbs. Parts shall be new or remanufactured with original equipment specifications. Basic LSM microscope, ConfoCor microscope, Elyra Microscope, AxioScan system, System Tables, Scan Modules, Spectral Detectors, NDDs, GaAsP Detectors, Laser Modules, Electronics Controllers, Airyscan Modules, LSM BiG Detectors, Definite Focus Modules, System Computers purchased within 5 years, AIM/ZEN Software, Stage, Incubator, AxioCam, Lasers, and EM-CCD are covered for parts and labor.

8.4 SOFTWARE UPDATES/SERVICE: The Contractor shall provide Software Service in accordance with the manufacturer’s latest established service procedures, to include unlimited telephone access to technical support for use of program software and troubleshooting of the operating systems, at no additional cost to the Government. This will include reinstallation of ZEN software if necessary. The Contractor shall receive advance approval for the installation of all software updates/upgrades and revisions from the Government. Defective software shall be replaced at no additional cost to the Government.

8.5 ENHANCEMENTS AND UPGRADES: The Contractor shall provide elective enhancements and upgrades to the equipment that will include a complete performance check of the entire system to ensure optimal equipment function.

8.6 TECHNICAL SUPPORT AND TRAINING: The Contractor shall provide unlimited phone support for troubleshooting by certified technical support engineers and application specialists. The Contractor shall provide unlimited remote and onsite training of users by certified technical support engineers and application specialists. This service shall include design and preparation of macros by qualified application specialists for new experiments or to perform specific analyses or streamline data collection. This service can only be provided by Zeiss qualified application specialists. Telephone support and onsite training shall occur Monday through Friday during standard business hours (9AM-5PM) not including Contractor holidays

8.7 SERVICE EXCLUSIONS: The Contractor shall not be responsible for any repairs necessitated by abuse, neglect, vandalism, Acts of God, fire or water. These repairs shall be the subject of a separate purchase order and shall not be performed under this contract.

8.8 PERSONNEL QUALIFICATIONS: Personnel shall have a minimum of three (3) years factory training and experience in the servicing of the applicable instrument (instruments listed on section 1). All primary service personnel shall have at least one backup Field Service representative with at least the same level of expertise on the equipment covered by this contract.

1. PLACE OF PERFORMANCE

Onsite service shall be performed at the following locations:

37 Convent Drive

Bldg. 37 Room B114

Bethesda, MD 20892

41 Medlars Drive

Bldg. 41 Room C615

Bethesda, MD 20892

Bldg.10 Room 4A05

Bethesda, MD 20892

Frederick Cancer Center

Bldg. 560 Room 3227

Frederick, MD 21702

Frederick Cancer Center

Bldg. 560 Room 2216

Frederick, MD 21702

37 Convent Drive

Bldg. 37 Room 1023

Bethesda, MD 20892

37 Convent Drive

Bldg. 37 Room 1142

Bethesda, MD 20892

37 Convent Drive

Bldg. 37 Room 1035

Bethesda, MD 20892

37 Convent Drive

Bldg. 37 Room 1107A

Bethesda, MD 20892

37 Convent Drive

Bldg. 37 Room 2144A

Bethesda, MD 20892

41 Medlars Drive

Bldg. 41 Room 302

Bethesda, MD 20892

37 Convent Drive

Bldg. 37 Room 2132

Bethesda, MD 20892

1. CONTRACTING OFFICER’S REPRESENTATIVE (COR) DELEGATION Comment by Rodriguez, Reyes (NIH/NCI) [E]: Missing

A Contracting Officer’s Representative (COR) will be assigned to represent the Government for this purpose of this contract. COR assignment shall be made upon award.

The NCI COR will be responsible for reviewing the work done by the Contractor, making sure that it is consistent with the terms of the Contract, and approving the reports/deliverables provided by the contractor.

The COR is responsible for: (1) monitoring the Contractor's technical progress, including the surveillance and assessment of performance and recommending to the Contracting Officer changes in requirements; (2) interpreting the statement of work and any other technical performance requirements; (3) performing technical evaluation as required; (4) performing technical inspections and acceptances required by this contract; and (5) assisting in the resolution of technical problems encountered during performance. The Government may unilaterally change its COR designation.

1. CONTRACT PROVISION AND CLAUSES

FAR 52.217-8 - OPTION TO EXTEND SERVICES (Nov 1999) Comment by Rodriguez, Reyes (NIH/NCI) [E]: This should be move to the bottom along with all provision and clauses applicable.

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

FAR 52.217-9 - OPTION TO EXTEND THE TERM OF THE CONTRACT

(MAR 2000)

The Government may extend the term of this contract by written notice to the Contractor within 60 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

FAR 52.216-18 - ORDERING (October 1995).

1. Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from August 1, 2019 through July 31, 2024.

1. All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

1. If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

FAR 52.216-19 - ORDER LIMITATIONS (October 1995).

0. Minimum Order. When the Government requires supplies or services covered by this contract in an amount of less than $335,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

0. Maximum Order. The Contractor is not obligated to honor--

0. Any order for a single item in excess of $3,000,000.00. Comment by Diaz, Miguel (NIH/NCI) [E]: I need to look into this. Should we use the highest estimated option year for this or is it referencing single instruments and not a 12 month TO which is a combination of many instruments? Comment by Rodriguez, Reyes (NIH/NCI) [E]: I believe we discussed this after your submission. In both instances, it should be the maximum ceiling of the IDIQ $2,000,000.00

0. Any order for a combination of items in excess of $3,000,000.00; or

0. A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 10 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

FAR 52.216-22 - INDEFINITE QUANTITY (October 1995)

0. This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

0. Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

0. Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after July 31, 2024.

1. CONTRACTOR PERFORMANCE EVALUATION(S)

During the life of this contract, Contractor performance will be evaluated on an interim and final basis pursuant to FAR Subpart 42.15. The Contractor Performance Assessment Reporting System (CPARS) will be utilized for these reviews. Information on CPARS can be located at http://www.cpars.gov.

1. PAYMENT

Payment shall be made quarterly, in arrears. Payment authorization requires submission and approval of invoices to the Purchasing Agent named on the award Face Page and NIH OFM, in accordance with the payment provisions listed below:

The following clause is applicable to all Purchase Orders, Task or Delivery Orders, and Blanket Purchase Agreement (BPA) Calls: PROMPT PAYMENT (JUL 2017) FAR 52.232-25. Highlights of this clause and NIH implementation requirements follow:

I INVOICE REQUIREMENTS

A. An invoice is the Contractor's bill or written request for payment under the contract for supplies delivered or services performed. A proper invoice is an "Original" which must include the items listed in subdivisions 1 through 12, below, in addition to the requirements of FAR 32.9. If the invoice does not comply with these requirements, the Contractor will be notified of the defect within 7 days after the date the designated billing office received the invoice (3 days for meat, meat food products, or fish, and 5 days for perishable agricultural commodities, dairy products, edible fats or oils) with a statement of the reasons why it is not a proper invoice. (See exceptions under II., below.) Untimely notification will be taken into account in the computation of any interest penalty owed the Contractor.

1. Vendor/Contractor: Name, Address, Point of Contact for the invoice (Name, title, telephone number, e-mail and mailing address of point of contact).

2. Remit-to address (Name and complete mailing address to send payment).

3. Remittance name must match exactly with name on original order/contract. If the Remittance name differs from the Legal Business Name, then both names must appear on the invoice.

4. Invoice date.

5. Unique invoice #s for all invoices per vendor regardless of site.

6. NBS document number formats must be included for awards created in the NBS: Contract Number; Purchase Order Number; Task or Delivery Order Number and Source Award Number (e.g., Indefinite Delivery Contract number; General Services Administration number); or, BPA Call Number and BPA Parent Award Number.

7. Data Universal Numbering System (DUNS) or DUNS + 4 as registered in the Central Contractor Registration (CCR).

8. Federal Taxpayer Identification Number (TIN). In those exceptional cases where a contractor does not have a DUNS number or TIN, a Vendor Identification Number (VIN) must be referenced on the invoice. The VIN is the number that appears after the contractor’s name on the face page of the award document.

9. Identify that payment is to be made using a three-way match.

10. Description of supplies/services that match the description on the award, by line billed.*

11. Freight or delivery charge must be billed as shown on the award. If it is included in the item price do not bill it separately. If identified in the award as a separate line item, it must be billed separately.

12. Quantity, Unit of Measure, Unit Price, Extended Price of supplies delivered or services performed, as applicable, and that match the line items specified in the award.*

* NOTE: If your invoice must differ from the line items on the award, please contact the Contracting Officer before submitting the invoice. A modification to the order or contract may be needed before the invoice can be submitted and paid.

B. Shipping costs will be reimbursed only if authorized by the Contract/Purchase Order. If authorized, shipping costs must be itemized. Where shipping costs exceed $100, the invoice must be supported by a bill of lading or a paid carrier's receipt.

C. Mail an original and 1 copy of the itemized invoice to:

National Institutes of Health Office of Financial Management, Commercial Accounts 2115 East Jefferson Street, Room 4B-432, MSC 8500 Bethesda, MD 20892-8500

For inquiries regarding payment call: (301) 496-6088

In order to facilitate the prompt payment of invoices, it is recommended that the vendor submit a photocopy of the invoice to the “Consignee” designated for the acquisition in blocks 6A – 6E of the face page of the Order/Award document.

II. INVOICE PAYMENT

A. Except as indicated in paragraph B., below, the due date for making invoice payments by the designated payment office shall be the later of the following two events:

1. The 30th day after the designated billing office has received a proper invoice.

2. The 30th day after Government acceptance of supplies delivered or services performed.

B. The due date for making invoice payments for meat and meat food products, perishable agricultural commodities, dairy products, and edible fats or oils, shall be in accordance with the Prompt Payment Act, as amended.

III. INTEREST PENALTIES

A. An interest penalty shall be paid automatically, if payment is not made by the due date and the conditions listed below are met, if applicable.

1. A proper invoice was received by the designated billing office.

2. A receiving report or other Government documentation authorizing payment was processed and there was no disagreement over quantity, quality, or contractor compliance with a term or condition.

3. In the case of a final invoice for any balance of funds due the contractor for supplies delivered or services performed, the amount was not subject to further settlement actions between the Government and the Contractor.

B. Determination of interest and penalties due will be made in accordance with the provisions of the Prompt Payment Act, as amended, the Contract Disputes Act, and regulations issued by the Office of Management and Budget.

IV. PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS

SUBCONTRACTORS, FAR 52.232-40 (DEC 2013)

1. Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.

1. The acceleration of payments under this clause does not provide any new rights under the prompt Payment Act.

1. Include the substance of this clause, include this paragraph c, in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.