B.08 W91YTZ23Q0098 Solicitation.pdf

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Hydro System Maintenance Services
Solicitation number
W91YTZ23Q0098
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This solicitation requests offers for hydro system maintenance services. The Defense Health Agency Contracting Office is soliciting offers on behalf of Womack Army Medical Center to provide annual preventative maintenance, quarterly inspections, and repair services for water purification equipment. The base year of performance is from August 2023 to July 2024 with four optional one-year extensions. Offerors are to provide pricing for the base year and all option periods. The services are required to support laboratory, pharmacy, sterilization, and pathology departments at Womack Army Medical Center. The solicitation identifies the equipment to be serviced and includes a performance work statement outlining requirements for maintenance, contractor qualifications, and response times. Offers are due by July 6, 2023.

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SEE ADDENDUM

(No Collect Calls)

W91YTZ23Q0098 22-Jun-2023

b. TELEPHONE NUMBER

910-907-6878

8. OFFER DUE DATE/LOCAL TIME

10:00 AM 06 Jul 2023

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA X ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W91YTZ9. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

MICHAEL J. MCCOLLUM

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

1 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

0011917546-0001

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

W40M RHCO-ATLANTIC USAHCA

WOMACK ARMY MEDICAL CENTER

POC: DONNA L. BLOSSOM

BLDG 4-2817 REILLY RD

FORT BRAGG NC 28310

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE HT0911 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

AMC WOMACK BRAGG - MM

AMC WOMACK BRAGG - MM

2817 REILLY ROAD

BLDG 4

FORT BRAGG NC 28310-5000

TEL: 910-907-6000 FAX:

FAX:

TEL: 910-907-6851 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

1,000

NAICS:

333310

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF45

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W91YTZ23Q0098

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 12 Months Hydro system maintenance services

FFP

Base Year Period of Performance: 1 August 2023 through 31 July 2024

See the Performance Work Statement (PWS) for detailed service information.

FOB: Destination VENDOR PART NR: Hydro

PURCHASE REQUEST NUMBER: 0011917546-0001

PSC CD: J035

NET AMT

1001 12 Months OPTION Hydro system maintenance services

FFP

Option Period 1 Period of Performance: 1 August 2024 through 31 July 2025

See the Performance Work Statement (PWS) for detailed service information.

FOB: Destination VENDOR PART NR: Hydro

2002 12 Months OPTION Hydro system maintenance services

FFP

Option Period 2 Period of Performance: 1 August 2025 through 31 July 2026

See the Performance Work Statement (PWS) for detailed service information.

FOB: Destination VENDOR PART NR: Hydro

3003 12 Months OPTION Hydro system maintenance services

FFP

Option Period 3 Period of Performance: 1 August 2026 through 31 July 2027

See the Performance Work Statement (PWS) for detailed service information.

FOB: Destination VENDOR PART NR: Hydro

4004 12 Months OPTION Hydro system maintenance services

FFP

Option Period 1 Period of Performance: 1 August 2027 through 31 July 2028

See the Performance Work Statement (PWS) for detailed service information.

FOB: Destination VENDOR PART NR: Hydro

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 1001 Destination Government Destination Government 2002 Destination Government Destination Government 3003 Destination Government Destination Government 4004 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-AUG-2023 TO

31-JUL-2024

N/A AMC WOMACK BRAGG - MM

AMC WOMACK BRAGG - MM

2817 REILLY ROAD

BLDG 4

FORT BRAGG NC 28310-5000

910-907-6000 FOB: Destination

HT0911

1001 POP 01-AUG-2024 TO

31-JUL-2025

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 01-AUG-2025 TO

31-JUL-2026

N/A (SAME AS PREVIOUS LOCATION)

3003 POP 01-AUG-2026 TO

31-JUL-2027

N/A (SAME AS PREVIOUS LOCATION)

4004 POP 01-AUG-2027 TO

31-JUL-2028

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.212-4 Contract Terms and Conditions--Commercial Products and

Commercial Services

DEC 2022

52.212-4 ADDENDUM

(w) The non-FAR Part 12 discretionary FAR and DFARS clauses included herein are incorporated into this contract either by reference or in full text. If incorporated by reference, see clause 52.252-2 herein for locations where full text can be found.

(End of Addendum)

CLAUSES INCORPORATED BY FULL TEXT

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAR 2023)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

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

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

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

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

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: [Contracting Officer check as appropriate.]

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

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

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

___ (4) 52.204-10, 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. (NOV 2021) (31 U.S.C. 6101 note).

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

____ (10) [Reserved]

____ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

____ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (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 2022) (15 U.S.C. 637(d)(2) and (3)).

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (OCT 2022) (15 U.S.C. 637(d)(4)).

____ (ii) Alternate I (NOV 2016) of 52.219-9.

____ (iii) Alternate II (NOV 2016) of 52.219-9.

____ (iv) Alternate III (JUN 2020) of 52.219-9.

____ (v) Alternate IV (SEP 2021) 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 (OCT 2022) (15 U.S.C. 657s).

____ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2022) (15 U.S.C.

657f).

____ (22) (i) 52.219-28, Post-Award Small Business Program Rerepresentation (MAR 2023) (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 (OCT 2022) (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 (OCT 2022) (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 (SEP 2021) (15 U.S.C. 657s).

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

____ (28) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (DEC 2022) (E.O. 13126).

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

____ (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.

____ (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).

____ (35)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

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

____ (36) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

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

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

____ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

____ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners

(JUN 2016) (E.O. 13693).

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

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

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

____ (ii) Alternate I (JUN 2014) of 52.223-14.

____ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (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 (JUN 2016) (E.O. 13693).

____ (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

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

____ (48) (i) 52.225-1, Buy American--Supplies (OCT 2022) (41 U.S.C. chapter 83).

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

____ (49)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (DEC 2022) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

____ (ii) Alternate I [Reserved].

____ (iii) Alternate II (DEC 2022) of 52.225-3.

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

____ (v) Alternate IV (OCT 2022) of 52.225-3.

____ (50) 52.225-5, Trade Agreements (DEC 2022) 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. Subtitle A, Part V, Subpart G Note).

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

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

5150).

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

____ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

____ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

____ (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (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).

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

____ (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 (NOV 2021) (46 U.S.C.

55305 and 10 U.S.C. 2631).

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

____ (iii) Alternate II (NOV 2021) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: [Contracting Officer check as appropriate.]

_____ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

_____ (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) (29 U.S.C 206 and 41 U.S.C. chapter 67).

_____ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (E.O.

13658).

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

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

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

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

(ii) 52.203-19, 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 (NOV 2021) (Section 1634 of Pub. L. 115-91).

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

(v) 52.219-8, Utilization of Small Business Concerns (OCT 2022) (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 2016) (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.

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

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

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

_____ (B) Alternate I (March 2, 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 (May 2014) (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 (MAY 2022) (E. O. 12989).

(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (E.O. 13658).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (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. Subtitle A, Part V, Subpart G 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) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxiii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

PERFORMANCE WORK STATEMENT

1.0 INTRODUCTION/OVERVIEW

This contract is for Womack Army Medical Center’s Water Purification System (Hydro) under which the personnel rendering the services are not subject, either by the contract’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees. The contractor of this performance work statement (PWS) has full authority to transport government property both on and off the “post” of Fort Bragg, North Carolina.

1.1 BACKGROUND

Womack Army Medical Center (WAMC) is required to uses Purified water in multiple departments, Health Technology Management Branch (HTMB) oversee this system for WAMC in support of patient care. A local vendor historically provided this service with the government purchase card or one time purchase contract as the method of payment. It is the intent of the Defense Health Agency Contracting Office, on behalf of WAMC to solicit, negotiate, and award a contract for a performance period of approximately 60 months, with a possibility to extend for six months. This water osmosis system is in support of the Lab, Pharmacy, SPD, and Pathology. This contract is vital to these departments mission and would be a cause work stoppage in the even t this system fails. This is a 24-hour service operations contract.

1.2 SCOPE

The Contractor shall provide all personnel, vehicles, equipment, tools, materials, supervision, and other items necessary to perform calibration and maintenance services. The Contractor shall have the tools and expertise to provide Annual Preventive Maintenance (PM) service, Quarterly PM inspections and repair services as needed upon request, and parts needed for all services. This Service will provide parts, labor, travel and return shipping if needed.

The list devices provide support throughout Womack Army Medical Center’s (WAMC) footprint.

1.3 OBJECTIVES

The primary objective is to provide PM services to ensure WAMC water purification system remains operational. In the event of unforeseen issues or “down time” Hydro will be available within 24-hrs upon request.

2.0 REQUIREMENTS

2.1 TASKS

2.1.1 The Contractor will come to WAMC Health Technology Management Branch upon request to be escorted to onsite location to perform PM service on water purification system. Once the services have been completed a copy of the service report will be given to HTMB in order to close out service work order. WAMC’s main hospital located at Building 4-2817 Reilly Road, Fort Bragg, NC 28310.

Unserviceable items that are not deemed repairable must be brought to the attention of WAMC and the HTMB shop Forman. Unserviceable devices due to the vender, or any other damage or loss done by the vender shall be replaced at Contractor's expense.

2.1.2 The Contractor shall ensure all maintenance performed in accordance with OEM Specifications. As well as Occupational Safety and Health Administration (OSHA) and The Joint Commission (TJC) guidelines and standards.

2.1.3 The Contractor shall maintain a system of records as to work performed sufficient to respond to request by the Government.

List of Government Owned equipment that will be included in this annual service contract all located at 2817 Reilly Road at WAMC main hospital.

Equipment Type Equipment Description Quantity ET-10236 Hydro DI Tanks 1 ET-11218QCW17011 Hydro Picosystem UV Plus 1

ET-11244 ET-11244 1

ET-PT2 ET-PT2 4

ET-RO-B Hydro Reverse Osmosis Series B 1 ET-RO-C Hydro Reverse Osmosis Series C 1

2.2 DELIVERABLES

2.2.1 Womack Army Medical Center (WAMC), Building 4-2817, Reilly Road, Fort Bragg, North Carolina 28310 (HTMB). The Contractor may coordinate with the COR to determine the best times for PM services.

2.2.2 Contracting Officer Representative (COR). COR is Daniel Morasse – Supply System Analyst, @ (910) 907- 8578 or daniel.m.morasse.civ@health.mil. The government point of contact for this service is Ms. Linda Jones @

(910) 643-1878 or linda.m.jones124.civ@health.mil.

2.3 SCHEDULE

2.3.1 Period of Performance: The dates below are project and subject to change.

Base Year Period: 1 August 2023 through 31 July 2024 Option Year 1: 1 August 2024 through 31 July 2025 Option Year 2: 1 August 2025 through 31 July 2026 Option Year 3: 1 August 2026 through 31 July 2027 Option Year 4: 1 August 2027 through 31 July 2028

2.3.2 Repair services, contractor may be called 7 days a week (Mon, Tues, Wed, Thurs, Fri, Sat, Sun), 52 weeks a year (excluding federal holidays).

2.3.3 HTMB Hours of Operations: 0730-1630 hrs. – 7 days a week.

2.3.4 The following Government Holidays are observed:

New Year’s Day, January 1.

Martin Luther King Jr.’s Birthday, 3rd Monday in January.

President’s Day, 3rd Monday in February.

Memorial Day, Last Monday in May.

Juneteenth, 3rd Monday in June.

Independence Day, July 4.

Labor Day, 1st Monday in September.

Columbus Day, 2nd Monday in October.

Veteran’s Day, November 11.

Thanksgiving Day, 4th Thursday in November.

Christmas Day, December 25.

Note: Any of the above holidays falling on a Saturday will be observed on the preceding Friday; holidays falling on a Sunday will be observed on the following Monday. Any holidays that are declared by Presidential Executive Order shall be observed in the same manner as the holidays listed above. If SPD is closed on any day other than the holidays noted above, SPD shall notify the Contractor at least a two-day notice of the closure date. Closures of the installation due to inclement weather or other such acts of God shall be handled in the same manner.

2.4 QUALITY CONTROL PROGRAM

2.4.1 Quality Control Program (QCP). The Contractor shall establish and maintain a complete QCP to verify the requirements of the contract are provided as specified. The plan shall include procedures to implement all requirements of the contract.

2.5 EMPLOYEES AND EXPERIENCE.

2.5.1 Contractor personnel shall present a neat appearance and must be easily recognizable as an employee of the Contractor. This may be accomplished by wearing distinctive clothing bearing the name of the company, or by wearing appropriate badges or identification tags which contain the company name. This applies to any individual that enters the military installation under this contract.

2.5.2 The Contractor will ensure that employees have the following current and valid professional certifications before starting work.

2.5.3 The Contractor shall adhere to Army Regulation (AR) 40-1 regarding the employment of Government personnel.

2.5.4 The contractor will ensure it meets all Department of Transportation (DOT) requirements for transporting infectious waste.

2.6 CONTINGENCY PLAN

2.6.1 The Contractor shall have the responsibility of notifying the COR if at any time the plan is changed. The Contractor shall notify the COR of any event that jeopardizes performance under this contract. The plan shall include contingency operations for:

2.6.2 Mobilization. If mobilization and services are required beyond the Contractor’s capability to provide services, the Contractor shall advise the COR of the capability and additional volume, which the Contractor can obtain from the local civilian community. Mobilizations that extend beyond the normal contract purview may be subject to a claim by the Contractor for the additional cost incurred as agreed upon by the Contracting Officer.

2.6.3 Labor Disputes. In the event of a labor dispute, the Contractor’s responsibility to provide the service will not be terminated. The Contractor shall provide the COR his/her strike or other employee job action contingency plan to continue performance of service without interruption or degradation in the quality of service. In the event of a strike or other labor dispute interference with timely contract performance, the Contractor shall immediately notify the COR and initiate action under the contingency plan.

2.6.4 Disaster. In the event of a disaster, to include but not limited to destruction of the facility, sabotage, or an act of God or nature that renders the Contractor’s facility unsafe, the Contractor shall determine feasible alternative method of providing services and make recommendations to the COR.

2.6.5 Severe Weather Plan. The Contractor shall establish a severe weather plan with procedures of providing the services to WAMC.

3.1 CONTRACTOR FURNISHED ITEMS.

In addition to items specified elsewhere in the contract, the Contractor shall furnish:

3.1.1 The Contractor shall provide all property or services necessary for the performance of this contract that is not specifically identified as furnished by the Government. Such property or services shall include, but is not limited to facilities, tools, materials, equipment.

3.1.2 The Contractor shall provide their employees all appropriate protective clothing as required by OSHA.

4.0 SECURITY REQUIREMENTS

4.1.1 The Contractor shall furnish a list of all employees entering the military facilities at least five (5) calendar days prior to the start of contract performance. The list shall include the full name and work assignment of each employee. The Contractor shall notify the respective COR of all additions, deletions, or changes at least five (5) days in advance of such changes whenever practicable, or as soon thereafter as is reasonably practicable.

4.1.2 Contractor Employee Compliance. The Contractor shall ensure that Contractor’s employees entering the military installation observe and comply with all Army policies, regulations, and procedures concerning fire, safety, environmental protection, sanitation, security, traffic, parking, flag courtesy, “off limits” areas, and possession of firearms or other lethal weapons.

4.1.3 Automation Installation Entry (AIE). The contractor shall obtain AIE badges for all employees who will be coming on post to provide services. Fort Bragg AIE Access Cards may be issued for a maximum of three years for individual(s) who require recurring access to the installation for official business. The application request form (DES Form 118) for access cards will be located on the Fort Bragg Provost Marshall webpage http://www.bragg.army.mil/directorates/DES/pmo/Pages/AIE.aspx under the Installation Access Control Tab.

Sponsorship is required in order to obtain a card and all applications (DES Form 118) will be turned into the All American VCC for processing and approval. An employee from Environmental Services, WAMC, will have authorization to sign for the AIE badge.

4.1.4 GATE CONTROL. The award of this contract does not bestow a right to have access to any military installation. Unscheduled gate closures by the Security Police may occur at any time and personnel entering or leaving the installation may experience delays. All vehicles are subject to search while on federal installations pursuant to current directives. Although delays due to the Government cannot be held against the Contractor, the Contractor shall ensure delivery is scheduled in time to allow for these inspections. Any violation of installation regulation, state or federal statue may result in the termination of the privilege to enter one or more military installations.

4.1.5 GATE ACCESS. All commercial vehicles, vans and larger, will be required to enter Womack Army Medical Center’s Main Post through the Knox Street Gate. The Knox Street gate hours of operation are 7 days a week 24 hours a day. Commercial vehicles are expected to complete their business and exit Fort Bragg through any Gate applicable to their direction of travel. Commercial vehicles may be searched. Upon entry of the installation drivers will be required to show photo identification.

4.1.6 LOST ITEMS. All lost articles/hospital instruments, etc., found by the Contractor employees shall be turned over to the COR.

PERFORMANCE WORK STATEMENT – ADDENDUM FOR ANTI-TERRORISM/OPERATIONS SECURITY

Access and general protection/security policy and procedures. This standard language is for Contractor employees with an area of performance within Army controlled installation, facility, or area. Contractor and all associated sub-contractor’s employees shall provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204- 9, Personal Identity Verification of Contractor Personnel) as directed by DHA, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in Contractor security matters or processes.

For Contractors requiring Common Access Card (CAC). Before CAC issuance, the Contractor employee requires, at a minimum, a favorably adjudicated National Agency Check with Inquiries (NACI) or an equivalent or higher investigation in accordance with Army Directive 2014-05. The Contractor employee will be issued a CAC only if duties involve one of the following: (1) Both physical access to a DHA facility and access, via logon, to DHA networks on-site or remotely; (2) Remote access, via logon, to a DHA network using DHA-approved remote access procedures; or (3) Physical access to multiple DHA facilities or multiple non-DHA federally controlled facilities on behalf of the DHA on a recurring basis for a period of 6 months or more. At the discretion of the sponsoring activity, an initial CAC may be issued based on a favorable review of the FBI fingerprint check and a successfully scheduled NACI at the Office of Personnel Management.

For Contractors that do not require CAC, but require access to a DHA facility or installation. Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05/AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

Threat Awareness Reporting Program. For all Contractors with security clearances. Per AR 381-12 Threat Awareness and Reporting Program (TARP), Contractor employees must receive annual TARP training by a CI agent or other trainer as specified in 2-4b.

QASP

QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

Hydro, Reverse Osmosis System

REFERENCE

PWS

STANDARD

MAXIMUM

ALLOWABLE

DEGREE OF

DEVIATION FROM

REQUIREMENT

(AOL)

METHOD OF

SURVEILLANCE

CONTRACTOR

CORRECTED

ACTION

Paragraph 2.1.1

100% Compliance

No deviation from requirement.

COR will monitor Contractor performance.

May result in issuance of a Cure Notice .

Paragraph 2.1.2

100% Compliance No deviation from requirement.

COR will monitor Contractor performance.

May result in issuance of a Cure Notice.

Paragraph 2.1.3

100% Compliance

No deviation from requirement.

COR will monitor Contractor performance.

May result in issuance of a

Paragraph 2.2.1

100% Compliance

No deviation from requirement.

COR will monitor Contractor performance.

May result in issuance of a Cure Notice.

Paragraph 2.3.2 100% Compliance No deviation from requirement.

COR will monitor Contractor performance.

May result in issuance of a Cure Notice.

Paragraph 2.4.1 100% Compliance No deviation from requirement.

COR will monitor Contractor performance.

May result in issuance of a Cure Notice.

Paragraph 2.5.1 100% Compliance No deviation from requirement.

COR will monitor Contractor performance.

May result in issuance of a Cure Notice.

Paragraph 2.5.2 100% Compliance No deviation from requirement.

COR will monitor Contractor performance.

May result in issuance of a

Paragraph 2.5.3 100% Compliance No deviation from requirement.

COR will monitor Contractor performance.

May result in issuance of a Cure Notice.

Paragraph 2.6.1 100% Compliance No deviation from requirement.

COR will monitor Contractor performance.

May result in issuance of a Cure Notice.

Paragraph 2.6.3 100% Compliance No deviation from requirement.

COR will monitor Contractor performance.

May

Cure Notice.

Paragraph 4.1.1 100% Compliance No deviation from requirement.

COR will monitor Contractor performance.

May

QASP RATING SCALE

QASP RATING

Standard Measurement

99% to 100% Excellent 96% to 98% Very Good

95% Satisfactory 92% to 94% Marginal 91% or Less Unsatisfacto ry

52.212-1 Instructions to Offerors--Commercial Products and

Commercial Services

MAR 2023

52.212-1 ADDENDUM

FAR 52.212-1 is hereby amended to reflect the changes shown below as to the specific paragraph revised.

Para (b) Submission of Offers: The following supplements this paragraph with respect to the information and documents required for submission in response to this solicitation.

(1) ELECTRONIC OFFERS. Offerors must submit electronic offers in response to this solicitation. The offer must arrive by the time specified in the solicitation to the following email address:

michael.j.mccollum12.civ@health.mil donna.l.blossom.civ@health.mil The Government will not be responsible for any failure of transmission or receipt of the offer, or any failure of the offeror to verify receipt of the emailed offer.

The Government offerors must quote a firm-fixed price for each Contract Line Item.

PROCESS FOR AWARD. Award will be based on Price only. Award will be made to the offeror provided its price is determined to be fair and reasonable by the contracting officer; and the contracting officer determines the offeror is responsible.

Discussions may be conducted whenever the Contracting Officer deems it appropriate. The contract will be awarded strictly in accordance with the criteria and process established in FAR 12.

Please complete 52.212-3 ALT I “Offeror Representations and Certifications – Commercial Items” and 52.209- 7 “Information Regarding Responsibility Matters” (JULY 2013) MUST be completed and submitted with the offer.

SUBMISSION OF OFFERS. The solicitation should be completed, signed and received in this office not later than the time and date identified in block 8 of this solicitation. Fill in the prices for all CLINS on all contract periods. The information provided will be used to assist in the price analysis described in EVALUATION OF THE PROPOSED PRICES, in ADDENDUM TO FAR 52.212-2, EVALUATION – COMMERCIAL ITEMS.

Para (g) Contract award. This is amended to state that the Government may conduct discussions prior to contract award.

Para (j) Data Universal Numbering System (DUNS) / CAGE Code. The offeror shall obtain these said Codes and submit them to Contracting Center. Registration in the Central Contractor Registration (CCR) is mandatory if you are a US firm. Award cannot and shall not be made to an offeror without these codes.

Para (n) Bid Preparation Costs. This solicitation does not commit the Government to pay any costs incurred in the submission of an offer, in making any necessary studies for the preparation thereof, or for any visit(s) the Contracting Officer may request for the purpose of clarification of the offer.

The Government may reject a proposal if it is found that any information that has a negative impact on the offeror's past performance record has been deleted, misrepresented, or withheld.

Protests received at a level higher than the contracting officer will be referred to the contracting officer. Protestor may request a review by the contracting officer or an independent review at a level higher than the contracting officer. Requests for appeals or independent review will be addressed to the contracting officer for view authority.

Questions on this process will be referred to the cognizant contracting officer identified in the solicitation.

Para (p) The non-FAR Part 12 discretionary FAR and DFARS provision and clauses included herein are incorporated into this solicitation either by reference or in full text. If incorporated by reference, see clause 52.252-2 herein for locations where full text can be found.

(End of Addendum)

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(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 offers:

I: PRICE

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, 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)

ADDENDUM 52.212-2

Paragraph (a) is hereby replaced with the following:

PART I: PRICE. Price will be evaluated for fairness and reasonability in terms of:

A.Vendors prices must be deemed fair and reasonable to qualify for award.

B.Given that FAR 52.217-8 provides that the Government may exercise the Option to Extend Services at the rates specified in the contract (i.e. the rates in effect when the Extension of Services option is exercised), for purposes of evaluating the Option to Extend Services, the Contracting Officer will consider the prices submitted for the base year and each option year, since those are the binding prices should the Option to Extend be exercised.

C.Price analysis techniques will be used to evaluate an offeror’ s proposal. Pricing will be evaluated for fairness and reasonableness in terms of the Governments requirements.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (DEC 2022)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(a) Definitions. As used in this provision --

"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

"Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

"Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

"Inverted domestic corporation" means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

"Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except--

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

"Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into…

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