Combined Synopsis Posted 4.13.20.pdf

Authoritative site for Assistance Listings, Wage Determinations, and Contract Opportunities only

An official website of the United States government Here's how you know

Weekly Maintenance Window Please expect intermittent outages every Thursday from 8:00 to 11:00 p.m. ET for scheduled m

More alerts

Workspace / Contract Opportunities / Service Maintenance for Novus Varia Laser and Light Source

Header Information

This is the currently published version of this notice.

to edit a draft of the Contract Opportunity.

ACTIVE

●0

Page 1 of 31beta.SAM.gov

4/13/2020https://beta.sam.gov/opp/c821cbb3e25c4dc9b73d4a53b1d756ee/review

Contract Opportunity Type: Combined Synopsis/Solicitation (Original) Original Published Date: Apr 13, 2020 01:12 pm PDT Original Date Offers Due: Apr 23, 2020 09:00 am PDT Inactive Policy: 15 days after date offers due Original Inactive Date: May 08, 2020 Initiative:

◦ None

Allow Vendors to Add/remove from Interested Vendors List: No

Original Set Aside: Total Small Business Set-Aside (FAR 19.5) Product Service Code: J065 - MAINT/REPAIR/REBUILD OF

EQUIPMENT- MEDICAL, DENTAL, AND VETERINARY EQUIPMENT AND

SUPPLIES

NAICS Code:

◦ 811219 - Other Electronic and Precision Equipment Repair and Maintenance

Place of Performance:

San Diego, CA 92134

USA

Page 2 of 31beta.SAM.gov

NOTICE TO CONTRACTOR

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued. The solicitation number is N0025920Q0031. It is issued as a Request for Quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2020-05. The North American Industry Classification System (NAICS) Code for this acquisition is 811219. The size standard is $22.0 (millions of dollars). 100% Small Business Set-Aside. It is the contractor’s responsibility to be familiar with the applicable clauses and provisions.

Naval Medical Center San Diego (NMCSD) requests responses from qualified sources capable of providing the following:

Service maintenance for Lumenis, Novus Varia Laser and Varia Light Source, Serial #10456 in accordance with Statement of Work below. The Contractor shall be responsible for its service related trip expenses including round trip travel, mileage, and overnight living expenses.

Period of performance

Base Year: 1-May-2020 through 30-April-2021

Option Year 1: 1-May-2021 through 30-April-2022

Option Year 2: 1-May-2022 through 30-April-2023

Option Year 3: 1-May-2023 through 30-April-2024

Option Year 4: 1-May-2024 through 30-April-2025

LOCATION: Naval Medical Center San Diego, 34800 Bob Wilson Dr, San Diego, CA 92134-5000.

CLIN 0001: Service maintenance for Lumenis, Novus Varia Laser, Serial #10456

Page 3 of 31beta.SAM.gov

Quantity: 1 Unit of Issue: Years

Price:

Period of Performance: 1-May-2020 through 30-April-2021

CLIN 0002: Service maintenance for Varia Light Source

QTY: 1 Unit of Issue: Years

Price:

POP: 1-May-2020 through 30-April-2021

Please provide total for CLINs 0001 and 0002

CLIN 1001: Service maintenance for Lumenis, Novus Varia Laser, Serial #10456

Quantity: 1 Unit of Issue: Years

Price:

Period of Performance: 1-May-2021 through 30-April-2022

CLIN 1002: Service maintenance for Varia Light Source

QTY: 1 Unit of Issue: Years

Price:

POP: 1-May-2021 through 30-April-2022

Please provide total for CLINs 1001 and 1002

CLIN 2001: Service maintenance for Lumenis, Novus Varia Laser, Serial #10456

Quantity: 1 Unit of Issue: Years

Price:

Period of Performance: 1-May-2022 through 30-April-2023

CLIN 2002: Service maintenance for Varia Light Source

QTY: 1 Unit of Issue: Years

Price:

Page 4 of 31beta.SAM.gov

POP: 1-May-2022 through 30-April-2023

Please provide total for CLINs 2001 and 2002

CLIN 3001: Service maintenance for Lumenis, Novus Varia Laser, Serial #10456

Quantity: 1 Unit of Issue: Years

Price:

Period of Performance: 1-May-2023 through 30-April-2024

CLIN 3002: Service maintenance for Varia Light Source

QTY: 1 Unit of Issue: Years

Price:

POP: 1-May-2023 through 30-April-2024

Please provide total for CLINs 3001 and 3002

CLIN 4001: Service maintenance for Lumenis, Novus Varia Laser, Serial #10456

Quantity: 1 Unit of Issue: Years

Price:

Period of Performance: 1-May-2024 through 30-April-2025

CLIN 4002: Service maintenance for Varia Light Source

QTY: 1 Unit of Issue: Years

Price:

POP: 1-May-2024 through 30-April-2025

Please provide total for CLINs 4001 and 4002

STATEMENT OF WORK

GENERAL REQUIREMENTS:

The effort required hereunder shall be performed in accordance with this Statement of Work and in accordance with all other terms and conditions

Page 5 of 31beta.SAM.gov set forth herein. The Contractor shall provide all services, materials and equipment necessary for the preventive maintenance of the Lumenis laser located in the Ophthalmology of Naval Medical Center San Diego (NMCSD) to ensure dependable and reliable equipment operation.

The scope of work performed under these specifications includes the furnishing of all labor, and parts to perform all repairs on equipment listed, to assure continued operation at their designed efficiency and capacity.

"Repair means any (a) modification, adjustment, or replacement of the hardware that corrects a malfunction by bringing the hardware into material conformity with the technical specifications for the hardware or

(b) a procedure or routine that, when observed in the regular operation of the hardware, avoids the material adverse effect of the applicable nonconformity.

NMCSD PREVENTIVE MAINTENANCE REQUIREMENTS:

• Perform service repair/preventive maintenance to industry standards.

• Ensure that only FULLY QUALIFIED FIELD ENGINEERS and TECHNICIANS who have gone through original equipment manufacturer (OEM) or comparable third party service schools for the above-mentioned equipment, shall be employed in the performance of any and all work performed under this contract. Upon request, The Contractor shall provide training certificates (or notarized copies) to the Medical Repair Branch for verification. The highest standard of professional capability and electrical/mechanical workmanship is to be maintained throughout the life of this contract.

• Make repairs to the extent necessary as determined by inspection tests or disassembly to ensure a functional system that will efficiently serve its intended purpose.

• Installation of system update changes to resolve specific product reliability problems. Hardware and software upgrades, defined as those changes that enhance or add product features, are not included.

• The Contractor shall perform all scheduled preventive maintenance as agreed upon during initial Contact with the Contract Administrator.

NMCSD REPAIR REQUIREMENTS:

Page 6 of 31beta.SAM.gov

• NMCSD Biomedical Engineering will provide the initial assessment

• Provide only the work necessary to restore the equipment to a serviceable/operating condition by adjustments, replacement parts, or minor repairs when it is determined that extensive repairs and parts replacements are not necessary.

• The Contractor shall pay for shipping costs related to repair using

FEDEX.

TRAVEL AND RELATED EXPENSES:

• The Contractor shall be responsible for its service related trip expenses including round trip travel, mileage, and overnight living expenses.

RESPONSE TIME:

The Contractor shall use commercially reasonable efforts to:

• Respond by telephone to any report of a malfunction requiring repair within one hour of notification by NMCSD.

• Provide on-site support within 24 hours of notification by NMCSD personnel.

TITLE TO EQUIPMENT:

The Contractor shall not assume possession or control of any part of the equipment. The Government retains ownership to title thereof.

LIABILITY:

The Contractor shall not be liable for any loss, damage, or delay due to any cause beyond his reasonable control including but not limited to, acts of government, strikes, lockouts, fire, explosion, theft, floods, riot, civil commotion, war, malicious mischief or acts of God.

UTILITIES:

The Contractor may .use Government utilities, (e.g., electrical power, compressed air, and water) which are available and required for any service performed under this contract. The building engineer, to ensure compatibility with the Naval Medical Center's electrical wiring and equipment, must approve contractor electrical equipment.

ACCESS TO EQUIPMENT:

Page 7 of 31beta.SAM.gov

The Contractor shall be provided reasonable access to all equipment that is to be serviced and utility outlets required to do the service. The contractor shall be free to start and stop all primary equipment incidentals to the operation of the maintained equipment after permission is received from on duty personnel responsible for such equipment.

GOVERNMENT PERSONNEL:

NMCSD employees will not perform maintenance or attempt repairs to equipment while such equipment is under the purview of this contract unless agreed to in writing by the contractor.

PARTS AVAILABILITY:

To ensure minimal equipment downtime, The Contractor shall maintain replacement repair parts and materials necessary to perform each repair or supply said parts and Materials within 24-48 hours.

COMPENSATION & LABOR

All compensation for labor 07:30 - 17:00 Local Pacific Time is included in the contract price. Any labor performed outside of this timeframe is not included in the contract pricing. If services becomes necessary to be performed beyond 17:0 Local Pacific Time, NMCSD Biomedical Repair Division shall be notified prior to performance. Parts and materials: All compensation for parts and materials included in contract price.

PARTS/SUPPLIES QUALITY:

Parts and Supplies provided under this contract shall be guaranteed to be equal in all respects, including performance, interchangeability, durability and quality to the OEM parts when new or as presently recommended by the manufacturer.

CONTRACTOR CHECK-IN/CHECK-OUT:

The contractor is required to report to the Medical Repair Branch for Visitor Badges during the hours of 07:30 - 17:00, Monday through Friday, prior to and upon completion of any service/repair performed. The Contractor is required to submit/complete Naval Base San Diego DEFENSE BIOMETRIC IDENTIFICATION SYSTEM (DBIDS) access to NMCSD.

Contractor will contact the DBIDS program at 1.202.433.4784 or at

Page 8 of 31beta.SAM.gov https://www.cnic.navy.mil/om/dbids.html in order to obtain DBIDS access as necessary in order to perform this contract.

FIELD SERVICE REPORTS:

Contractor shall furnish a written or electronic vendor supplied Field Service Report (FSR) to the Duty Staff at NMCSD Biomed. All FSR's shall be submitted within 72 hours of completion of service and shall be sent to the following email address:

usn.nmcsd-contractadministrator@mail.mil

The contractor or their representative shall complete the FSR to include, at a minimum, the following information:

1. Contractor Name

2. Technician's printed name, telephone number, and signature

3. Date and Time of Arrival

4. ECN (to be provided by Navy) and Serial Number of Equipment

5. Time Expended Repairing/Service: Labor Hours, Rate, Materials

6. Summary of Work Performed and Accepted by End-User, with Government

Representative• Summary of work performed and accepted by end-user (Government

Representative's Printed Name and Signature)

E-mailto:USN.NMCSD:-CONTRACTADMTNISTRATOR@MAIL.MIL

(Provide Contractor’s Printed name and Signature)

Completed Field Service Reports are required prior to acceptance of any invoice. Failure to submit a Field Service Report to NMCSD Biomed can result in delay of payment or rejection of invoice from Government. It is highly recommended that the contractor attach a copy of the Field Service Report to their Wide Area Workflow Invoice in addition to the required submission to NMCSD Biomed in order to expedite invoicing process.

ECN: 118333

Page 9 of 31beta.SAM.gov

OPHTHALMOLOGY CLINIC

LASER, DIODE, OPHTHALMIC

LUMENIS, INC Manufacturer

Serial # 10456

NOVUS VARIA 2J-2P2-CD

Place of Performance is 34800 Bob Wilson Drive San Diego, CA 92134.

DEFENSE BIOMETRIC IDENTIFICATION SYSTEM (DBIDS)

(a) In accordance with CNICMEMO dated May 5, 2017, individuals currently using an NCACS credential for Installation access are required to switch to a DBIDS no later than 14 August 2017. After 14 August 2017, the NCACS credential will no longer be valid for access to Navy Installations.

(b) NCACS users may visit the local Navy Installation Visitor Control Center to obtain a DBIDS credential. To ensure uninterrupted Installation access, current NCACS credential holders are encouraged to shift to the DBIDS credential as soon as possible as Navy does not have the ability to extend this deadline. There are no fees incurred by the contractor, vendor, or supplier to obtain a DBIDS credential.

(c) Individuals who apply for NCACS credentials during the period of 17 April through 31 May 2017 must also obtain DBIDS credentials. NCACS credentials issued after 17 April 2017 will no longer be accepted without an accompanying DBIDS credential for Navy Installation access.

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

https://www.cnic.navy.mil/om/dbids.html

For more information or to enroll in the DBIDS Program call:

1.202.433.4784.

For Naval Base San Diego Pass and Decal Office, call: 1.619.556.1653

(e) Vendors, contractors, suppliers and other service providers shall present their pass upon entry at ECP.

Page 10 of 31beta.SAM.gov

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

52.204-7 System for Award Management (Oct 2018)

52.204-13 System for Award Management Maintenance (Oct 2018)

52.204-16 Commercial and Government Entity Code Reporting (Jul 2016)

52.204-18 Commercial and Government Entity Code Maintenance (Jul 2016)

52.204-24 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2019)

52.212-3 - Offeror Representations and Certifications -- Commercial Items (Oct 2018)

Contractors are reminded to either include a completed copy of 52.212-3 and its ALT I with quotes, or alternatively, the provision can also be submitted at https://www.sam.gov.

52.212-4 – Contract Terms and Conditions -- Commercial Items (Jan 2017)

52.217-9 – Option to Extend the Term of the Contract (MAR 2000)

52.232-40 – Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

Additional contract terms and conditions applicable to this procurement are:

252.203-7000 Requirements Relating to Compensation of Former DoD Officials (SEP 2011)

252.203-7005 Representation Relating to Compensation of Former DoD Officials (NOV 2011)

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting (DEC 2019)

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support (MAY 2016)

252.223-7008 Prohibition of Hexavalent Chromium (JUN 2013)

Page 11 of 31beta.SAM.gov

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

252.232-7006 Wide Area WorkFlow Payment Instructions (DEC 2018)

252.232-7010 Levies on Contract Payments (DEC 2006)

252.244-7000 Subcontracts for Commercial Items (JUN 2013)

252.246-7003 Notification of Potential Safety Issues (JUN 2013)

252.246-7008 Sources of Electronic Parts (MAY 2018)

252.247-7023 Transportation of Supplies by Sea—Basic (FEB 2019)

The following clauses incorporated by full text apply to the solicitation:

The provision at FAR 52.212-1 applies to this acquisition.

Addendum to FAR 52.212-1: FAR 52.212-1 is replaced in its entirety by this addendum:

Instructions to Quoters—Commercial Items

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in the first paragraph of this combined synopsis/solicitation. However, the small business size standard for a concern which submits a quotation in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of quotations. Submit quotations to the office specified in this solicitation at or before the exact time specified in this solicitation.

Quotations must be submitted as specified in the solicitation. As a minimum, quotations must show-

(1) The solicitation number;

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

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

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

Page 12 of 31beta.SAM.gov

(5) Terms of any express warranty;

(6) Price and any discount terms;

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

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

(9) Ensure only FULLY QUALIFIED FIELD ENGINEERS and TECHNICIANS who have gone through original equipment manufacturer (OEM) or comparable third party service schools for the above-mentioned equipment, shall be employed in the performance of any and all work performed under this contract. Upon submission of quotes, the contractor shall provide training certificates (or notarized copies) to the point of contact identified in this RFQ for verification. RFQs submitted without proof of certification will not be evaluated for award consideration.

(10)Acknowledgment of Solicitation Amendments;

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

(12) Quotation must include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Quotations that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Reserved.

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

(e) Multiple quotations. Quoters are encouraged to submit multiple quotations presenting alternative terms and conditions or commercial

Page 13 of 31beta.SAM.gov items for satisfying the requirements of this solicitation. Each quotation submitted will be evaluated separately.

(f) Late submissions.

(1) Quoters are responsible for submitting quotations so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that quotations are due.

(2) Any quotation received at the Government office designated in the solicitation after the exact time specified for receipt of quotations is late and will not be considered unless it is received before purchase order issuance and the Contracting Officer determines that accepting the late quotation would not unduly delay the acquisition.

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

(g) Issuance of purchase order. Quotations should contain the quoter’s best technical and price terms. The Contracting Officer may reject any or all quotations. The Contracting Officer may issue a purchase order to other than the quoter with the lowest priced quotation. After the evaluation of quotations, the Contracting Officer may negotiate final terms with one or more quoters of the Government’s choice before issuing any purchase order. The Contracting Officer will not negotiate with any quoters other than those of the Government’s choice and will not use the formal source selection procedures described in FAR part 15.

(h) Multiple purchase orders. The Government may issue a purchase order for any item or group of items of a quotation, unless the quoter qualifies the quotation by specific limitations. Unless otherwise provided in the Schedule, quotations may not be submitted for quantities less than those specified. The Government reserves the right to issue a

Page 14 of 31beta.SAM.gov purchase order for a quantity less than the quantity quoted, at the unit prices quoted, unless the quoter specifies otherwise in the quotation.

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

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

GSA Federal Supply Service Specifications Section

Suite 8100

470 East L’Enfant Plaza, SW

Washington, DC 20407

Telephone (202) 619-8925

Facsimile (202) 619-8978.

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

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

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

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

(iii) ASSISTdocs.com (http://assistdocs.com).

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

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

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

Page 15 of 31beta.SAM.gov

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

(215) 697-1462.

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

Class Deviation 2018-O0018—Micro-Purchase Threshold, Simplified Acquisition Threshold, and Special Emergency Procurement Authority.

Effective August 31, 2018. This deviation remains in effect until it is incorporated into the FAR or DFARS, or otherwise rescinded

(j) Unique entity identifier. (Applies to all offers exceeding the micro-purchase threshold and offers at any dollar value if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database.) * * *

(k) Requests for information. The contracting officer will not notify unsuccessful quoters that responded to this solicitation. Quoters may request information on purchase order(s) resulting from this solicitation from the contracting officer.

52.212-2 -- Evaluation -- Commercial Items (Oct 2014)

(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:

Technical Capability, Past Performance, and Price.

FACTOR 1: Technical Capability; defined as the ability of the vendor to meet or exceed the requirement as stated in the Statement of Work.

FACTOR 2: Past Performance; provide two (2) references with the point of contact name, telephone number, address, and contract number, for which you have provided the same or similar services within the last 3 years. Past performance will be evaluated based on references and information from authorized government past performance systems and resources.

FACTOR 3: Price; the government shall conduct a price evaluation of all technically acceptable offers with acceptable or neutral past performance.

Page 16 of 31beta.SAM.gov

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items.

As prescribed in 12.301(b)(4), insert the following clause:

CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (JAN 2020)

(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 2019) (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)).

Page 17 of 31beta.SAM.gov

(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:

[Contracting Officer check as appropriate.]

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995)

(41 U.S.C. 4704 and 10 U.S.C. 2402).

52.2-90

FAC 2020-04 January 15, 2020

SUBPART 52.2 - TEXT OF PROVISIONS AND CLAUSES 52.212-5

____ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 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 (Oct 2018) (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

Page 18 of 31beta.SAM.gov

Proposed for Debarment. (Oct 2015) (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) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C.657a).

____ (ii) Alternate I (Nov 2011) of 52.219-3.

____ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (ii) Alternate I (Jan 2011) of 52.219-4.

____ (13) [Reserved]

XX (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C.644).

____ (ii) Alternate I (Nov 2011).

____ (iii) Alternate II (Nov 2011).

____ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

____ (ii) Alternate I (Oct 1995) of 52.219-7.

____ (iii) Alternate II (Mar 2004) 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 (Aug 2018) (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.

Page 19 of 31beta.SAM.gov

____ (iv) Alternate III (Nov 2016) of 52.219-9.

____ (v) Alternate IV (Aug 2018) of 52.219-9

____ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C.

644(r)).

____ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (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 (Oct 2019) (15 U.S.C. 657f).

XX (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned

Small Business Concerns (Dec 2015) (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 (Dec 2015) (15 U.S.C. 637(m)).

XX (25) 52.222-3, Convict Labor (June 2003) (E.O.11755).

XX (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020) (E.O.13126).

XX (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

XX (28) (i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).

____ (ii) Alternate I (Feb 1999) of 52.222-26.

____ (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

____ (ii) Alternate I (July 2014) of 52.222-35.

Page 20 of 31beta.SAM.gov

XX (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793).

____ (ii) Alternate I (July 2014) of 52.222-36.

____ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

____ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

XX (33) (i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627).

52.2-91

52.212-5 FEDERAL ACQUISITION REGULATION

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

13627).

____ (34) 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.)

____ (35) (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.)

____ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016)

(E.O. 13693).

____ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun

Page 21 of 31beta.SAM.gov

2016) (E.O. 13693).

____ (38) (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.

____ (39) (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.

____ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

____ (41) (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.

XX (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

____ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

____ (44) 52.223-21, Foams (Jun 2016) (E.O. 13693).

____ (45) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

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

____ (46) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).

____ (47) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014)

(41 U.S.C. chapter 83, 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 (May 2014) of 52.225-3.

Page 22 of 31beta.SAM.gov

____ (iii) Alternate II (May 2014) of 52.225-3.

____ (iv) Alternate III (May 2014) of 52.225-3.

____ (48) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

XX (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

____ (50) 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).

____ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

____ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

____ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.4505, 10 U.S.C.2307(f)).

____ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.4505, 10 U.S.C.2307(f)).

XX (55) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018)

(31 U.S.C. 3332).

____ (56) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31

U.S.C.3332).

____ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).

____ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C.

552a).

Page 23 of 31beta.SAM.gov

____ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

____ (60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006)

(46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

____ (iii) Alternate II (Feb 2006) of 52.247-64.

52.2-92

SUBPART 52.2 - TEXT OF PROVISIONS AND CLAUSES 52.212-5

(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 items:

[Contracting Officer check as appropriate.]

____ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

____ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

____ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter

67).

____ (4) 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).

____ (5) 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).

Page 24 of 31beta.SAM.gov

XX (6) 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).

XX (7) 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).

____ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

____ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

____ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (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, 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

Page 25 of 31beta.SAM.gov 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 (Oct 2015) (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).

Page 26 of 31beta.SAM.gov

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment. (Aug 2019) (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

$700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O.

13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(vii) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(viii) 52.222-26, Equal Opportunity (Sept 2015) (E.O.11246).

52.2-93

52.212-5 FEDERAL ACQUISITION REGULATION

(ix) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C.4212).

(x) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793).

(xi) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C.4212)

(xii) 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.

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

chapter 67).

Page 27 of 31beta.SAM.gov

(xiv) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (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).

(xv) 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).

(xvi) 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).

(xvii) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O.

12989).

(xviii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

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

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

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

(xxi) 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).

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.

Appx.1241(b) and 10 U.S.C.2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

Page 28 of 31beta.SAM.gov

(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)

The Government will only consider firm fixed price (FFP) quotations.

All questions regarding the RFQ, of a contractual or technical nature, must be submitted electronically by email to my.h.huynh.civ@mail.mil no later than 0900, Thursday, April 16, 2020 Pacific Time. Questions with the Government’s responses will be posted as an attachment to the RFQ.

Please be advised that the Government reserves the right to transmit those questions and answers of a common interest to all prospective Offerors.

Electronic submission of Quotes: Quotations shall be submitted electronically by email to my.h.huynh.civ@mail.mil. Quotations must be received by 0900, Thursday, April 23, 2020 Pacific Time. Email submissions are limited to 2MB. The submitter should confirm receipt of email submissions.

All quotes shall include price(s), FOB point, a point of contact, name and phone number, GSA contract number if applicable, business size, and payment terms. Each response must clearly indicate the capability of the Offeror to meet all specifications and requirements.

******* End of Combined Synopsis/Solicitation ********

No attachments or links have been added to this opportunity.

Download All Attachments/Links

Page 29 of 31beta.SAM.gov

MATERIAL MANAGEMT DEPT SUITE 8 BCA 34800 BOB WILSON DRIVE

BLDG 1 G

SAN DIEGO, CA 92134-5000

USA

My H. Huynh my.h.huynh.civ@mail.mil

Reynaldo R. DeVera reynaldo.r.devera.civ@mail.mil

○ Apr 13, 2020 01:12 pm PDT Combined Synopsis/Solicitation (Original)

Acquisition.gov

Page 30 of 31beta.SAM.gov

● Tuesday, Mar 31, 2020, 09:16 PM

Explore Our Community

Release Notes

USASpending.gov

Grants.gov

More Partners

Learning Center

Contact Federal Service Desk

Resources

Freedom of Information Act

Page 31 of 31beta.SAM.gov