3 - Combined Synopsis -Solicitation 75N96024Q00038.pdf

Combined Synopsis/Solicitation: 75N96024Q00038

NIEHS, Office of Acquisitions Preventative Maintenance and Repair of Government- Owned Mass Spectrometry Equipment.

Combined Synopsis/Solicitation for Commercial Products and Commercial Services

COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

General Information

Document Type: Combined Synopsis/

Solicitation Solicitation Number: 75N96024Q00038 Posted Date: May 7, 2024 Original Response Date: May 22, 2024 Current Response Date: May 22, 2024 Set Aside: Less The $250, Small Business

Set-Aside NAICS Code: 811210, Other Electronic and

Precision Equipment Repair and Maintenance

Contracting Office Address

NIEHS

530 Davis Drives Durham, NC 27709

Description This is a combined synopsis/solicitation for commercial products and commercial services prepared in accordance with the format in Federal Acquisition Regulation (FAR) Part 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Products and Commercial Services. This announcement constitutes the only solicitation; quotations are being requested, and a written solicitation document will not be issued.

This solicitation document is issued as an RFQ to provide Preventative Maintenance and Repair of Government-Owned Mass Spectrometry Equipment at the National Institute of Environmental Health Sciences (NIEHS) located in Research Triangle Park, NC. This acquisition is being conducted using the procedures under Federal Acquisition Regulations (FAR) Part 12.6, "Simplified Procedures for Certain Commercial Items" as supplemented by the Health and Human Services Acquisition Regulation (HHSAR). The anticipated single award requirements contract will be used to execute preventative maintenance, emergency and routine repairs and relocation of Government-Owned Mass Spectrometry Equipment defined with a Statement of Work (SOWs). The requirement has an anticipated firm fixed price for 6-months period from date of award.

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) 2024-05, Effective April 22, 2024.

The associated North American Industrial Classification System (NAICS) code for this procurement is 811210 with a small business size standard of $34.0 M.

Quotations should be submitted to the Contract Specialist Brian D. Moyer at moyerbr@niehs.nih.gov no later than the quotation due date specified below.

Quotation Due Date: May 22, 2024, at 5:00 PM EST

Issued by: Brian D. Moyer, Contract

Specialist Email:

moyerbr@niehs.nih.gov

Telephone: 984-287-3046

REQUEST FOR INFORMATION OR ANY QUESTIONS WILL BE ACCEPTED VIA

EMAIL ONLY:

moyerbr@niehs.nig.gov All request for information or questions must be submitted by May 14, 2024. Request for information or questions submitted after May 15, 2024, 4:00 PM, EST will not be answered.

All interested vendors shall provide quotation(s) for the following:

Services For Statement of Work, see attachment.

1. Delivery shall be provided no later than November 30, 2024 of Preventative Maintenance and

Repair of Government-Owned Mass Spectrometry Equipment at the National Institute of Environmental Health Sciences. This requirement consists of a six-month base.

Place of Performance NIH/National Institute of Environmental Health Sciences 111 T.W. Alexander Drive Durham, NC 27709

Award shall be made to the quoter whose quotation offers the best value to the government, considering technical capability, past performance, and price. The government will evaluate information based on the following evaluation criteria:

mailto:moyerbr@niehs.nih.gov mailto:moyerbr@niehs.nig.gov

List Evaluation Criteria and provide a matrix that describes how the criteria will be applied.

1. Scope of Service Comprehensive Coverage: Service contract should cover preventative maintenance, emergency repairs, and parts replacement. Incomplete coverage will be disqualifying for further consideration.

2. Cost Effectiveness Cost of the contract and what services and parts are included in contract coverage.

3. Technical Expertise and Experience Provider's Background: Primary weighting to the experience and qualifications of the service provider in servicing the listed mass spectrometry equipment. Emphasis will be given to professional training or certifications specific to the equipment brands and models used.

Staff Qualifications: Evaluation will be performed on the expertise of the technicians who will be performing the maintenance. Ensuring they have relevant experience and knowledge.

4. Response Time and Availability Emergency Services: Additional primary weighting will be via assessment of the promised response times for emergency repairs and the availability of technicians outside normal business hours.

Geographic Coverage: Service provider should be able to easily reach the Research Triangle Park location. This is critical for minimizing downtime.

5. Quality of Replacement Parts Secondary weighting will be on quality of parts used by the contractor. OEM Parts: Preferably, any service provided under the contract should use original equipment manufacturer (OEM) parts. OEM parts generally offer more reliability and compatibility.

Warranty on Parts: Are warranties provided on any replaced parts.

6. References and Reputation Additional secondary weighting will be based upon customer feedback: References or testimonials via first-hand knowledge or from other clients, particularly those with similar equipment. Industry Reputation: reputation within the industry as determined via first-hand knowledge or speaking with peers.

7. Customer Support and Communication Tertiary weighting will be focused on support channels: Evaluation will include the commitment to provide detailed service reports and documentation of work performed.

General Instructions

(1) The selection of a source for award will be conducted utilizing Simplified Acquisition Procedures as delineated in 13.5. The quoter will be evaluated using the criteria under FAR 52.212- 2, “Evaluation--Commercial Products and Commercial Services” (NOV 2021). Noncompliance with the Request for Quote (RFQ) requirements may hamper the Government's ability to properly evaluate the quote and may result in elimination of the quote from further consideration for contract award.

(2) The Government intends to award without discussions but reserves the right to award with discussions. The quoter is encouraged to present their quote and prices in their initial quote submission.

(3) These instructions prescribe the format for the quote and describe the approach for the development and presentation of quote data. These instructions are designed to ensure the submission of necessary information to provide for the understanding and comprehensive evaluation of quotes.

(4) If the Quoter believes that the requirements in these instructions contain an error, an ambiguity, omission, or are otherwise unsound, the Quoter shall immediately notify the Contracting Officer in writing with supporting rationale.

Quote Preparation Instructions

(1) The response should consist of three (3) volumes. The volumes are: Volume I – Technical Approach, Volume II – Past Performance, and Volume III – Price Submission.

(2) Quotes must comply with the page limitations and format specified for each volume.

Information submitted beyond limitations identified could negatively impact the evaluation during the rating process. The follow-on paragraphs provide the specific information required for each volume.

Volume Format Page Limitation

I – Technical Capability MS Word 2007 or higher/PDF 10 Page limit II – Past Performance MS Word 2007 or higher/PDF 10 Page limit III – Price MS Excell 2007& Bid Schedule of PDF None

Additional format requirement for quotes to Volumes I, II and III must be as follows:

• Elaborate formats, bindings or color presentations are not desired or required.

• Charts, Covers for Volumes, Diagrams, Drawings, Glossary of Terms/Abbreviations and Acronyms, Graphs, Indices, Section Dividers (section dividers are excluded from the page limitation), Labor Category Descriptions, Photographs, Resumes, Table of Contents, Tables, Tabs, Title Page, Signed Contractor Teaming Arrangements.

(3) Quote Content:

a. Volume I – Technical Capability: The Technical Capability volume shall be clear, concise, and include sufficient detail for effective evaluation and for substantiating the validity of stated claims. Legibility, clarity and coherence are very important. Provide your detailed technical approach and available resources for satisfying the requirements of the contract. The technical evaluation will be based on the quoters demonstrated ability to meet each of the following criteria:

– Provide a brief narrative describing your specific technical plans for providing the maintenance support services In Accordance With (IAW) the Statement of Work (SOW).

– Describe your firm’s resources available to fulfill the technical requirements of the SOW.

– Provide details of the capabilities of the company to provide adequate staffing.

b. Volume II – Past Performance: The Past Performance volume shall be clear, concise, and include sufficient detail to demonstrate the Quoter possesses the relevant technical experience required to successfully perform the contract requirements. The Quoter shall submit the following information:

(i) Tab 1 – Reference List: The Quoter shall provide a minimum of two (2) references.

− A list of two (2) references with who like or similar services has been provided within the past five (5) years. The past performance references must include contract number, dollar value, specific points of contact, phone number and email address. Contracts listed may include those entered into by the Federal Government, agencies of state and local governments and commercial concerns. The Quoter may also submit past performance information regarding predecessor companies, key personnel who have relevant.

− experience or subcontractors that will perform major or critical aspects of the requirement when such information is relevant to the instant acquisition. For the purposes of this solicitation, a "major subcontract" is defined as supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime contractor.

(ii) Tab 2 – Reference Information: The Quoter shall include for each reference:

− Project Title − Description of the project − Contract/task order number and, if applicable − Total contract value and type of contract − Government Agency/Organization − Contracting POC’s name and telephone number or email.

− Current status, e.g., completed and/or if in progress start and estimated completion dates.

c. Volume III – Price Submission: The price submission must be clearly marked “Volume III, Price Submission”. The price volume shall be organized according to the following general outline:

(i) Price Quote. The Quoter shall submit the following documents as part of the Price Quote:

(1) Contract Line Item Number (CLIN) Pricing: Quoters shall submit quotes using the CLIN structure format provided on page six (6) of this RFQ document for the base. The prices shall be consistent with the written portion of the technical quote.

FTE Hours Sci Equip Maintenance & Repair Tech Electronics Technician Admin Support

Pricing:

The full text of FAR provisions or clauses may be accessed electronically at https://www.acquisition.gov/

The following solicitation provisions apply to this acquisition:

2. FAR 52.212-1, “Instructions to Offerors–Commercial Products and Commercial Services” (SEP

2023)

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

4. (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate quotes:

(i) Technically Capable (ii) past performance (see FAR 15.304) (iii) price are; in the relative order of importance of the evaluation factors.

Line Item Item Price Per Hour Total Price

Preventative Maintenance and Repair of Government-Owned Specrometry Equipment IAW the SOW,(Base Semi-Year) June 1, 2024 – November 30, 2024

Grand Total: $ https://www.acquisition.gov/far/15.304#FAR_15_304

Technical and past performance, when combined, are more important when compared to price.

(b) A written notice of award or acceptance of a quote, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

4. FAR 52.212-3, “Offerors Representations and Certifications–Commercial Products and Commercial Services s” (FEB 2024)

Quoters must complete annual representations and certifications on-line at http://orca.bpn.gov in accordance with FAR 52.212-3, “Offerors Representations and Certifications–Commercial Products and Commercial Services.” (FEB 2024). If paragraph (j) of the provision is applicable, a written submission is required in the System for Award Management (SAM) accessed through https://www.sam.gov

The following contract clauses apply to this acquisition:

5. FAR 52.212-4, “Contract Terms and Conditions–Commercial Products and Commercial Services” (NOV 2023)

6. FAR 52.212-5, “Contract Terms and Conditions Required to Implement Statutes or

Executive Orders – Commercial Products and Commercial Services” (FEB 2024)

7. FAR 52.217-8 “Option to Extend Services” (Nov 1999)

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

(End of clause)

FAR 52.216-1 “Type of Contract” (APR 1984)

The Government contemplates award of a Firm Fixed Price contract resulting from this solicitation.

(End of provision)

Clauses Incorporated by Reference 352.203-70 Anti-Lobbying (DEC 2015) 352.222-70 Contractor Cooperation in Equal Employment Opportunity Investigations (DEC 2015) 352.223-70 Safety and Health (DEC 2015) 352.227-70 Publications and Publicity (DEC 2015) 352.239-74 Electronic and Information Technology Accessibility (DEC 2015)

CLAUSES INCORPORATED BY FULL TEXT

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

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

FAR 52.212-5: Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Products and Commercial Services (Feb 2024)

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

(1) 52.203-19, 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 and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115- 91).

(3) 52.204-25, Prohibition on contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of contract claim (OCT 2004) (Public Laws 108- 77 and 108-78 ( 19 U.S.C. 3805 note)).

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

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUNE 2020), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509)).

_X_ (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.)

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for debarment. (JUN 2020) (31 U.S.C. 6101 note).

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

__ (10) [Reserved].

__ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a).

__ (ii) Alternate I (MAR 2020) of 52.219-3.

__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the Offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (MAR 2020) of 52.219-4.

__ (13) [Reserved]

__ (14) (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.

__ (15) (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.

__ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and(3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (JUN 2020) (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 (JUN 2020) of 52.219-9

__ (18) (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.

__ (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set- Aside (MAR 2020) (15 U.S.C. 657f).

__ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (NOV 2020) (15 U.S.C. 632(a)(2)).

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

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (MAR 2020) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Mar2020) (15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15U.S.C. 637(a)(17)).

_X_ (27) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

_X_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN2020) (E.O.13126).

_X_ (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

_X_ (30) (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).

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

__ (31) (i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

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

__ (32) (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.

_X_ (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

__ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

_X_ (35) (i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627).

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

_X_ (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA– Designated Items (may 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (38) 52.223-11, Ozone-Depleting Substances and High global warming potential hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

__ (40) (i) 52.223-13, acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (OCT 2015) of 52.223-13.

__ (41) (i) 52.223-14, acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in Energy- Consuming products (MAY 2020) (42 U.S.C. 8259b).

__ (43) (i) 52.223-16, acquisition of EPEAT®-Registered Personal Computer products (OCT 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (JUN 2014) of 52.223-16.

__ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

__ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

__ (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) 52.225-1, Buy American-supplies (JAN2021) (41 U.S.C. chapter 83).

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (JAN 2021) (41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112- 41, 112-42, and 112-43.

__ (ii) Alternate I (JAN 2021) of 52.225-3.

__ (iii) Alternate II (JAN 2021) of 52.225-3.

__ (iv) Alternate III (JAN 2021) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (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. 2302Note).

__ (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).

__ (55) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021) .

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT2018) (31 U.S.C. 3332).

__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

_X_ (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

_X_ (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

__ (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C. 637(d)(13)).

__ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).

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

__ (iii) Alternate II (FEB 2006) 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 (via “X”) as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

__ (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 Under Executive Order 13658 (NOV 2020).

__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O.

13706).

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

(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 items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).

(ii) 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)).

(iii) 52.204-23, Prohibition on contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (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.

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

(vii) 52.222-26, Equal Opportunity (SEP 2015) (E.O.11246).

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

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

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

(xi) 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.

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

(xiii) (A) 52.222-50, Combating Trafficking in Persons (OCT 2020) (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).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (41 U.S.C. chapter 67).

(xv) 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).

(xvi) 52.222-54, Employment Eligibility Verification (OCT 2015) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O.

13706).

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

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

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 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.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) ( 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 items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

All quoters shall submit all quotes via e-mail to the following:

Brian D. Moyer, Contract Specialist at moyerbr@niehs.nih.gov.

This is an open-market combined synopsis/solicitation for Preventative Maintenance and Repair of Government-Owned Mass Spectrometry Equipment at the National Institute of Environmental Health Sciences as defined herein. The government intends to award a Firm-Fixed Price (FFP) Contract. Because of this the 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."

The quoter shall list exception(s) and rationale for the exception(s).

Submission shall be received via e-mail not later than May, 22, 2024 at 5:00 PM ET.

Only e-mail submissions will be received. E-mail to:

Brian D. Moyer, Contract Specialist at moyerbr@niehs.nih.gov.

Late submissions shall be treated in accordance with the solicitation provision at FAR 52.212-1(f).

Any questions or concerns regarding this solicitation should be forwarded electronically via e-mail to Brian D. Moyer, Contract Specialist at moyerbr@niehs.nih.gov.

Point of Contact

Brian D. Moyer, Contracting Officer at moyerbr@niehs.nih.gov.

mailto:moyerbr@niehs.nih.gov mailto:moyerbr@niehs.nih.gov mailto:moyerbr@niehs.nih.gov