CSS_FDA-1194680_(Rodent_IVC_with_Automatic_Watering_Racks).pdf

Rodent Individually Ventilated Cages with Automatic Watering Racks Combined Synopsis Solicitation

FDA-1194680

Date Posted: August 14, 2018

Response Date: August 28, 2018, 12:00 PM CST

Classification Code: 6640 -- Laboratory Equipment and Supplies

NAICS Code: 339112-- Surgical and Medical Instrument Manufacturing

This is a combined synopsis/solicitation for commercial items prepared in accordance with the Federal Acquisition Regulation (FAR) format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. It is the Government's intent to issue a Firm Fixed Priced Purchase Order in accordance with FAR Part 13.500.

The solicitation number is FDA-1194680. This solicitation is issued as a Request for Quote (RFQ).

The solicitation document and incorporated provisions and clauses in effect through the Federal Acquisition Circular 2005-99-1 dated July 16, 2018.

The appropriate NAICS code for the acquisition is 339112-- Surgical and Medical Instrument Manufacturing; Small Business Size standards – 1,000 employees. This requirement is a Total Small Business Set-Aside.

Background/Statement of Need:

As the primary research facility within the U.S. Food and Drug Administration (FDA); the National Center for Toxological Research requires individually ventilated cages with racks to support the animal studies mission of Center for Biologics Evaluation and Research (CBER), Center for Drugs Evaluation and Research (CDER), Center for Tobacco Products (CTP), National Toxicology Program (NTP), and Center for Food Safety and Applied Nutrition (CFSAN). Animal housing must be appropriate for the species, compliant with the regulations, provide excellent visibility for animal welfare, minimize extraneous effects on the research and provide opportunistic pathogen control (biosecurity and biocontainment). Individually ventilated cages meet those requirements. In addition, the optimal housing will maximize the number of cages per square foot of floor space, be easy for the users to correctly operate and be energy/water/labor efficient. Allergens should be contained within the cages to protect the staff. Individually ventilated cages meet those requirements.

Minimum Technical Requirements:

A. For Individually Ventilated Cages (IVC) with Automatic Watering Racks - Line Item # 0001, 0006, 0010, & 0013 shall include, at a minimum:

1. Racks shall be able to fit through a standard 42-inch-wide by 84 inches’ tall door.

2. Each rack shall be mounted on 4 stainless steel casters with hi-temp ball bearing wheels. Two of the casters are to have locking wheels.

3. Each rack shall attach directly to the room exhaust air without motors or blowers. Air will be single pass, low-velocity flow at the cage level.

4. Each IVC rack shall include a rack status monitor kit to continuously monitor cubic feet per minute (CFM).

5. Each IVC rack (rat) shall be able to hold 7 shelves of 6 cages for a total of 42 cages.

6. Each IVC rack (mouse) shall be able to hold 100 cages (mouse) on a maximum of 10 shelves.

7. Each IVC rack (rat) shall come with 42 polysulfone (amber) cages and lids with 144 square inches (929 square cm) cage floor space.

8. Each IVC rack (mouse) shall come with 100 polysulfone (amber) cages and lids with 75 square inches (484 square centimeters) cage floor space.

9. Each rack shall have full-height handles at each corner.

10. Shall include automatic watering with detachable Edstrom lixits.

11. Each rat cage shall have two 400 ml (13.5 oz.) polysulfone (amber) water bottle capability

12. Each rat cage shall have a removable stainless-steel feeder compatible with and reachable for mice and rats.

13. Each rat cage including empty cage, cage lid, empty feeder and empty water bottle shall not exceed 2.7 kg.

14. Each cage will have pleated low pressure, low velocity, polyester filter assemblies mounted in the front of the cage and at the exhaust connection.

15. Each cage shall have a 3 x 5 cage card holder.

16. Shall include visual or engineering safeguards to ensure cage “docks” with rack correctly

17. Shall be compatible with PRIA (PCR testing of the plenums) for sentinel monitoring.

18. Racks shall have not less than a 1-year warranty after installation and subsequent acceptance.

19. The contractor shall provide in-side delivery, installation and operator familiarization training for the system. The contractor shall provide a minimum of one (1) day of on-site training (in addition to installation of the system) to include operations (including software), calibration, optimization, basic and routine preventative maintenance procedures and cleaning requirements.

B. Appropriate ductwork/piping to attach to the existing building HVAC:

1. Building 53C: (Line Item #0001) 7 rooms containing 5 racks per room (rooms 102, 103, 104, 105, 131, 132, 133) and 16 rooms containing 2 racks per rooms (rooms 109, 110, 111, 112, 113, 114, 115, 116, 119, 120, 121, 122, 123, 124, 125, 126).

2. Building 53B: (Line Item #0010) 7 rooms containing 5 racks per room (rooms 101, 102, 103, 107, 108, 109, 110).

3. Building 53D: (Line Item #0013) 4 rooms containing 5 racks per room (rooms 103, 104, 105, 106).

*See Attachment #1 Floor Plans of Building 53B, 53C and 53D.

Offered systems shall be a turn-key solution i.e. the contractor shall be responsible for providing all hardware, components, instruments, computers, software, and that otherwise required to meet these specifications and the FDA’s stated need. The systems shall be delivered with all necessary supplies and accessories required for installation and start-up.

All personnel that enter FDA/NCTR will be required to submit sufficient information for security screening on this US Government facility. Within 30 calendar days prior to on-site installation or on-site performance the contractor shall provide Full Names, Date of Birth, and Social Security Numbers for security screening of all personnel who will need US Government facility access. All personnel participating in the installation may be required to be fit tested to wear a N95 respirator in the animal facility.

C. Preventative Maintenance and Repair Requirements for Line Item # 0002 - 0005, 0007 - 0009, 0011 - 0012, & 0014 shall include, at a minimum:

1. Minimum of one (1) Preventative Maintenance visit per contract year.

2. Unlimited on-site service and repairs.

3. Preventative maintenance, services, and repairs include all labor, travel, and new OEM factory-certified replacement parts, components, subassemblies, etc. (except consumables)

4. Absolute adherence to and conformity with OEM specifications, manuals, bulletins, etc. in performing all preventative maintenance, services, and repairs.

5. Service Records and Reports:

a. The Contractor shall, commensurate with the completion of each service call (inclusive of warranty service) or preventative maintenance visit, provide the end-user of the equipment and the Contracting Officer with

b. A copy of a field service report/ticket identifying the equipment name, manufacturer, model number, and serial number of the equipment being serviced/repaired and detailing the reason for the service call

c. A detailed description of the work performed, the test instruments or other equipment used to affect the repair or otherwise perform the service

d. The name(s) and contact information of the technician who performed the repair/service

e. And for information purposes, the on-site hours expended and parts/components replaced

Schedule of Supplies or Services and Prices/Costs

Line Item

Description Quantity Unit of

Issue Unit Price

Extended Price

NCTR Building 53C - Individually Ventilated Cages (IVC) with Automatic Watering Racks To meet the Minimum Technical Requirements set forth above and herein

To Include:

50 - Individually Ventilated Cages for Rats 9 - Individually Ventilated Cages for Mice 7 - Rooms containing 5 racks per room all appropriate ductwork/piping attach to the existing building HVAC (Rooms 102, 103, 104, 105, 131, 132, 133)

16 - Rooms containing 2 racks per room all appropriate ductwork/piping attach to the existing building HVAC (Rooms 109, 110, 111, 112, 113, 114, 115, 116, 119, 120, 121, 122, 123, 124, 125, 126)

GSA Contract #, if applicable____________

1 Job $ ________ $ ________

Option Year 1 - For CLIN 0001 (In accordance with FAR Clause 52.217-9)

IVC Preventative Maintenance and Repair NCTR Building 53C – Rodent (Rat & Mice) To meet the Minimum Technical Requirements set forth above and herein

Shall begin upon expiration of initial warranty period and shall continue for a period of twelve

(12) months.

12 Months $ ________ $ ________

Option Year 2 - For CLIN 0001

IVC Preventative Maintenance and Repair NCTR Building 53C – Rodent (Rat & Mice) To meet the Minimum Technical Requirements set forth above and herein

Shall begin upon expiration of initial warranty period and shall continue for a period of twelve

Option Year 3 - For CLIN 0001

IVC Preventative Maintenance and Repair NCTR Building 53C – Rodent (Rat & Mice) To meet the Minimum Technical Requirements set forth above and herein

Shall begin upon expiration of initial warranty period and shall continue for a period of twelve

Option Year 4 - For CLIN 0001

IVC Preventative Maintenance and Repair NCTR Building 53C – Rodent (Rat & Mice) To meet the Minimum Technical Requirements set forth above and herein

Shall begin upon expiration of initial warranty period and shall continue for a period of twelve

Optional Item – 1 (In accordance with FAR Clause 52.217-7) Shall be exercised within 365 days of CLIN 0001 Award

NCTR Building 53A - Individually Ventilated Cages (IVC) with Automatic

Watering Racks set forth above and herein

To Include:

50 - Individually Ventilated Cages for Rats 22 - Individually Ventilated Cages for Mice

Option Year 1 - For CLIN 0006

IVC Preventative Maintenance and Repair NCTR Building 53A – Rodent (Rat & Mice) To meet the Minimum Technical Requirements set forth above and herein

Shall begin upon expiration of initial warranty period and shall continue for a period of twelve

Option Year 2 - For CLIN 0006

IVC Preventative Maintenance and Repair NCTR Building 53A – Rodent (Rat & Mice) set forth above and herein

Shall begin upon expiration of initial warranty

Option Year 3 - For CLIN 0006

IVC Preventative Maintenance NCTR Building 53A – Rodent (Rat & Mice) To meet the Minimum Technical Requirements set forth above and herein

Shall begin upon expiration of initial warranty period and shall continue for a period of twelve

Optional Item – 2

Shall be exercised within 365 days of CLIN 0006 Award

NCTR Building 53B - Individually Ventilated Cages (IVC) with Automatic Watering Racks To meet the Minimum Technical Requirements set forth above and herein

To Include:

35 - Individually Ventilated Cages for Rats 7 - Rooms containing 5 racks per room all appropriate ductwork/piping attach to the existing building HVAC (Rooms 101, 102, 103, 107, 108, 109, 110)

Option Year 1 - For CLIN 0010

IVC Preventative Maintenance and Repair NCTR Building 53B – Rodent (Rat & Mice) To meet the Minimum Technical Requirements set forth above and herein

Shall begin upon expiration of initial warranty

Option Year 2 - For CLIN 0010

IVC Preventative Maintenance and Repair NCTR Building 53B – Rodent (Rat & Mice) To meet the Minimum Technical Requirements set forth above and herein

Shall begin upon expiration of initial warranty period and shall continue for a period of twelve

Optional Item - 3

Shall be exercised within 365 days of CLIN 0010 Award

NCTR Building 53D - Individually Ventilated Cages (IVC) with Automatic Watering Racks To meet the Minimum Technical Requirements set forth above and herein

To Include:

20 - Individually Ventilated Cages for Rats 4 - Rooms containing 5 racks per room all appropriate ductwork/piping attach to the existing building HVAC (Rooms 103, 104, 105, 106)

Option Year 1 - For CLIN 0013

IVC Preventative Maintenance and Repair NCTR Building 53D – Rodent (Rat & Mice) To meet the Minimum Technical Requirements set forth above and herein

Shall begin upon expiration of initial warranty period and shall continue for a period of twelve

Total Amount for CLIN 0001 - 0014 $ ________

PRICE QUOTES SHALL BE FOB DESTINATION WITH INCLUSIVE OF SHIPPING,

HANDLING, IN-SIDE DELIVERY, INSTALLATION, & TRAINING

Delivery/Period of Performance:

FOB Point Destination. Shipping, handling, in-side delivery, installation and on-site training shall be not later than 180 calendar days after receipt of contract award for CLIN 0001 and, if exercised, CLINs 0006, 0010 and 0013 Optional Items. The period of performance for the option periods in any resultant award will be estimated based on the date of award, required delivery, installation, and offered warranty period of the systems. If/when Option Year 1 is exercised, the periods of performance for all options will be firmed via bilateral modification.

FOB Destination (In-Side Delivery):

US Food and Drug Administration – NCTR ATTN: To be provided upon contract award 3900 NCTR Rd.

Jefferson, AR 72079

Repair and Maintenance visits shall not be scheduled during Federal Holidays or Federal Closures as determined by Executive Orders or opm.gov. Federal Holidays are as follows:

New Year’s Day Birthday of Martin Luther King, Jr.

Washington’s Birthday

Memorial Day Independence Day Labor Day Columbus Day Veteran’s Day Thanksgiving Day Christmas Day

Solicitation Clauses:

52.212-4 Contract Terms and Conditions-Commercial Items (Deviation 2017-02) (Oct 2017) applies to this acquisition. Paragraph “r” is changed as follows:

“(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts;

18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.”

The following addenda apply:

The following FAR and HHSAR provisions and clauses, incorporated by reference, apply to this acquisition and can be obtained at https://www.acquisition.gov/far/ and http://farsite.hill.af.mil/VFHHSAR1.htm.

FAR Clause:

52.202-1 Definitions (JAN 2012) 52.203-3 Gratuities (Apr 1984) 52.203-6 Restrictions on Subcontractor Sales to the Government (Sept 2006), Alternate I (Oct 1995) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Oct 2010) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) 52.204-13 System for Award Management Maintenance (Oct 2016) 52.204-18 Commercial and Government Entity Code Maintenance (July 2016)

52.217-7 Option for Increased Quantity—Separately Priced Line Item (Mar 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within:

1. Optional Item 1 - 365 days of CLIN 0001 Award.

2. Optional Item 2 - 365 days of CLIN 0006 Award.

3. Optional Item 3 - 365 days of CLIN 0010 Award.

Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

(End of clause)

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

(a) The Government may extend the term of this contract by written notice to the Contractor within one

(1) day of contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 15 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract inclusive of the initial warranty and including the exercise of any options under this clause, shall not exceed five (5) years.

(End of Clause)

52.223-6 Drug-Free Workplace (MAY 2001) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payment to Small Business Subcontractors (Dec 2013) 52.233-3 Protest after Award (Aug 1996) 52.249-2 Termination for Convenience of the Government (Fixed- Price) (APR 2012) 52.242-13 Bankruptcy (Jul 1995)

HHSAR Clause:

352.203-70 Anti-Lobbying (Dec 2015) 352.222-70 Contractor Cooperation in Equal Employment Opportunity Investigations (Dec 2015) 352.223-70 Safety and Health (Dec 2015)

Contractor Performance Assessment Rating System (CPARS):

(a) Pursuant to FAR 42.1502, this contract is subject to Contractor Performance Assessment System (CPARS). CPARS is an automated centralized information system accessible via the Internet that maintains reports of contractor performance for each contract. CPARS is located at https://www.cpars.gov/.

(b) Under CPARS, the Government will conduct annual evaluations of the contractor’s performance. The contractor has thirty (30) days after the Government’s evaluation is completed to comment on the evaluation. The contractor may request a meeting to discuss the CPAR at any time during the reporting period.

(c) The CPARS system requires the government to assign the contractor a User ID and password in order to view and comment on evaluation. Provide the name of one individual who will be assigned as the Contractor Representation for CPARS below:

Name:

Phone:

E‐mail Address:

Inspection/Acceptance:

The supplies and/or services delivered hereunder shall be inspected and accepted at destination by the Governments Contracting Officer Representative (COR) specified at award. If the supplies or services are acceptable, the COR shall promptly forward a report of inspection and acceptance to the paying office. If the supplies or services are not acceptable, the COR shall document the nonconforming items/services and immediately notify the Contracting Officer.

The COR is responsible for: (1) monitoring the Contractor's technical progress, including the surveillance and assessment of performance and recommending to the Contracting Officer changes in requirements;

(2) interpreting the Statement of Work and any other technical performance requirements; (3) performing technical evaluation as required; (4) performing technical inspections and acceptances required by this contract; and (5) assisting in the resolution of technical problems encountered during performance.

The Contracting Officer is the only person with authority to act as agent of the Government under this contract. Only the Contracting Officer has authority to: (1) direct or negotiate any changes in the contract; (2) modify or extend the period of performance; (3) change the delivery schedule; (4) authorize reimbursement to the Contractor any costs incurred during the performance of this contract; or (5) otherwise change any terms and conditions of this contract.

The following Contracting Officer Representative (COR) will represent the Government for the purpose of this contract (To be provided upon contract award):

Name:

Email address:

Phone:

The contact information for the Contract Specialist:

Name: Jennifer L. Johnson Email Address: jennifer.johnson3@fda.hhs.gov Phone: (870) 543-7830

Payments:

Payment terms Net 15 days after government acceptance of the system (inclusive of in-side delivery, installation and on-site training). Post warranty services/maintenance services shall not be made more frequently than monthly in arrears. Advance payments will not be made.

Invoice Submission:

A. The contractor shall submit all invoices to:

Office of Financial Services Food and Drug Administration 10903 New Hampshire Ave WO32 - Second Floor

MAIL HUB 2145

Silver Spring, MD 20993-0002 Attn: Vendor Payments

301.827.3742 or 866.807.3742 fdavendorpaymentsteam@fda.gov

*** Acceptable methods of delivery include: E-mail (preferred) and Standard Mail.

B. Invoices submitted under this contract must comply with the requirements set forth in FAR Clauses 52.232-25 (Prompt Payment) and 52.232-33 (Payment by Electronic Funds Transfer – System for Award Management) and/or other applicable FAR clauses specified herein. To constitute a proper invoice, the invoice must be submitted on company letterhead and include each of the following:

(i) Name and address of the contractor;

(ii) Invoice date and invoice number;

(iii) Contract/Order number (including a reference to any base award for Indefinite-Delivery/Indefinite- Quantity Contracts or Blanket Purchase Agreements);

(iv) Description, quantity, unit of measure, unit price, and extended price supplies delivered or services performed, including:

(a) period of performance for which costs are claimed;

(b) itemized travel costs, including origin and destination;

(c) any other supporting information necessary to clarify questionable expenditures;

(d) the contractor shall include the Contract Line Item/Funding line item for each description, quantity, unit of measure, unit price, and extended price supplies delivered or services performed;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on government bill of lading;

(vi) Terms of any discount for prompt payment offered (Prompt Payment terms other than NET 30);

(vii) Name and address of official to whom payment is to be sent (must be the same as that in the purchase order/award, or in a proper notice of assignment)

(viii) Name, title, and phone number of person to notify in event of defective invoice;

(ix) Taxpayer Identification Number (TIN);

(x) Electronic funds transfer (EFT) banking information, including routing transit number of the financial institution receiving payment;

(xi) Name and telephone number of the FDA Contracting Officer Representative (COR) or other Program Center/Office point of contact, as referenced on the award;

(xii) For all Time-and-Materials and Labor-Hour Awards, Contractor is required to attach an invoice log addendum to each invoice which shall include, at a minimum, the following information for contract administration and reconciliation purposes:

(a) list of all invoices submitted to date under the subject award, including the following:

(1) invoice number, amount, & date submitted

(2) corresponding payment amount & date received

(b) total amount of all payments received to date under the subject contract or order

(c) and, for definitized contracts or orders only, total estimated amounts yet to be invoiced for the current, active period of performance;

(xiii) Any other information or documentation required by the award.

C. An electronic invoice is acceptable if submitted in adobe acrobat (PDF) format. All items listed in (i) through (xiii) of this clause must be included in the electronic invoice. Electronic invoices must be on company letterhead and must contain no ink changes and be legible for printing.

D. Questions regarding invoice payments should be directed to the Employee Resource and Information Center (ERIC) Helpdesk at 301-827-ERIC (3742) or toll-free 866-807-ERIC (3742); or, by email at ERIC@fda.hhs.gov. Refer to the Call-in menu options and follow the phone prompts to dial the option that corresponds to the service that's needed. All ERIC Service Now Tickets will either be responded to or resolved within 48 hours (2 business days) of being received. When emailing, please be sure to include the contract number, invoice number and date of invoice, as well as your name, phone number, and a detailed description of the issue.

52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Jul 2018) (Deviation 2017-02) (Jun 2017)

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

(4) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

_X_ (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).

__ (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.)

_X_ (4) 52.203-17, Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (April 2014) (41 U.S.C. 4712) relating to whistleblower protections).

_X_ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (6) [Reserved].

_X_ (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (9) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

_X_ (10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

__ (11) [Reserved].

__ (12)(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.

__ (13)(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.

__ (14) [Reserved]

_X_ (15)(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).

__ (16)(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.

_X_ (17) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

__ (18)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (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 (Nov 2016) of 52.219-9.

__ (v) Alternate IV (Nov 2016) of 52.219-9.

__ (19) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

_X_ (20) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

__ (21) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

_X_ (23) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

__ (24) 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)).

__ (25) 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)).

_X_ (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X_ (27) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).

_X_ (28) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (29) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

_X_ (30) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).

_X_ (31) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

_X_ (32) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

__ (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (34)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (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).

__ (35) 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.)

__ (36)(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.)

__ (37) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (38) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__ (39)(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.

__ (40)(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.

_X_ (41) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__ (42)(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.

_X_ (43) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

__ (44) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (45) 52.223-21, Foams (Jun 2016) (E.O. 13693).

__ (46)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

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

_X_ (47) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).

__ (48)(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.

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

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

__ (49) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (50) 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).

__ (51) 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).

__ (52) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (53) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (54) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (55) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

_X_ (56) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (57) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (58) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (59) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (60) 52.242-5, Payments to Small Business Subcontractors (Jan 2017)(15 U.S.C. 637(d)(12)).

__ (61)(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.

(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:

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

__ (2) 52.222-41, Service Contract Labor Standards (May 2014) (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) (May 2014) (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).

_X_ (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).

__ (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).

__ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(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 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).

(iv) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (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.

(v) 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.

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

(vii) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

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

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

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

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

(xiii)

52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627).

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

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (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 (Oct 2015) (E.O. 12989).

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

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

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

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

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

2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C.

1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

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

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

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

(End of clause)

Solicitation Provisions:

Contract Type: Commercial – Firm Fixed Priced

FAR Provision 52.252-1 Provisions Incorporated by Reference (Feb 1998)

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

https://www.acquisition.gov/far/ and http://www.hhs.gov/grants/contracts/contract-policies-regulations/hhsar/index.html

FAR Provision:

52.204-7 System for Award Management (Oct 2016) 52.204-16 Commercial and Government Entity Code Reporting (Jul 2016) 52.204-17 Ownership or Control of Offeror (Jul 2016) 52.204-20 Predecessor of Offeror (Jul 2016) 52.209-5 Certification Regarding Responsibility Matters (Oct 2015) 52.209-7 Information Regarding Responsibility Matters (Jul 2013) 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony

Conviction under any Federal Law (Feb 2016)

HHSAR Provision:

352.239–73 Electronic Information and Technology Accessibility Notice (Dec 2015)

The provision at FAR 52.212-1 Instructions to Offerors - Commercial Items (Jan 2017) applies to this solicitation. The following addenda apply:

All questions shall be received via email to jennifer.johnson3@fda.hhs.gov before 12:00 P.M. (Central Time) on August 2021, 2018.

Offerors are afforded the opportunity to inspect the equipment installation building to the date set for receipt of quotes by contacting the Contract Specialist identified herein to schedule an appointment.

Failure to inspect the systems will not relieve the successful offeror from fully meeting the requirements of the resulting contract at the price offered.

It is the offeror's responsibility to monitor FedBizOpps for information relevant to this solicitation, e.g., questions and answers, amendments, etc.

Addendum Paragraph (b)(4): Technical capability will be determined by review of information submitted by the offeror which must provide sufficient technical information for the Government to conclusively determine that the offered items, components and services meet or exceed the technical requirements identified above. Offerors shall address each technical requirement stated above to demonstrate that the proposal meets the technical requirements. In addition to identifying manufacturer, make, and model of offered products it is incumbent of offerors that they unequivocally demonstrate that offered products and post-warranty maintenance services meet the requirements herein through the submission of technical specifications, descriptive material, scientific literature, brochures, scientific publications where proposed solution has been used for same or similar purposes, and other information which demonstrates the acceptability of the offered supplies/services.

Offerors shall identify ENERGY STAR qualified and/or EPEAT-registered product(s) to be supplied under this contract by manufacturer, model name, and model number. Offerors should be prepared to provide evidence of product certification by an EPA-recognized certification body upon request. In addition, offerors shall specify the EPEAT level rating (bronze, silver, or gold) for each product.

Addendum Paragraph (b)(10): Offeror’s past performance will be evaluated based on the regency (within the last 3 years) and relevancy (brand, type, model of equipment serviced) of the information provided to determine the likelihood of success in performing the solicitation’s requirements as indicated by that offeror’s record of past performance. For each reference include period of performance, description (how is this relevant to current requirement), dollar value, company name, point of contact name, and telephone number for each contact. The Government reserves the right to obtain information for use in the evaluation from any and all sources including sources outside of the Government.

Price: Provide a detailed quote for each item/component proposed to the schedule of items. Include the firm’s DUNS number with quote. Post warranty service/maintenance services will not be funded at time of award. If exercised, funding will be obligated individually each year for the option period exercised via contract modification.

Prices shall be valid through September 30, 2018.

Proprietary information shall be clearly marked.

An official authorized to bind the Offeror must sign the terms and conditions of the offer. Offerors that fail to complete the required representations and certifications, or reject the terms and conditions of the solicitation, may be excluded from consideration.

The government is not responsible for locating or securing any information, which is not identified in the proposal; however, the Government reserves the right to obtain information for use in the evaluation from any and all sources including sources outside of the Government.

The offeror or applicant shall submit all electronic documents for Microsoft Office suite products without the use of “macros”. If the offeror or applicant submits documents that contain macros the Government will not be able to view or open such documents and the submission will be considered non-responsive to the solicitation. No additional time will be given to an offeror or applicant to correct the document submission and the Government will not inform the offeror or applicant that their submission is non-responsive prior to award. It is the offeror’s or applicant’s responsibility to ensure all electronic documents are submitted without the use of macros.

Note: The solicitation is being issued under the premise that the Offeror certifies that the service it will propose to fulfill this requirement are exempt from the Service Contract Act per the conditions set forth in FAR 52.222-48 & FAR 22.1003-4(c). Based on this premise that the Offeror certifies that its proposed services are exempt under the terms and conditions of 52.222-48, FAR clause 52.222-51-Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements will be applicable to the resulting order. In the event that an Offeror determines its proposed services do not meet the exemption, they are to expressly notify the Contracting Officer in their quotation and the traditional Service Contract Act clauses 52.222-41, and 52.222-43 shall be included in the resulting order award as well as Wage Determination 2015-5121, Rev. 6, dtd.

1/10/2018; https://www.wdol.gov/wdol/scafiles/std/15-5121.txt?v=6.

FAR CLAUSE 52.222-48 Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Certification (May 2014)

(a) The offeror shall check the following certification:

CERTIFICATION

The offeror [ ] does [ ] does not certify that—

(1) The items of equipment to be serviced under this contract are used regularly for other than Government purposes, and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontractor) in substantial quantities to the general public in the course of normal business operations;

(2) The services will be furnished at prices which are, or are based on, established catalog or market prices for the maintenance, calibration, or repair of equipment.

(i) An “established catalog price” is a price included in a catalog, price list, schedule, or other form that is regularly maintained by the manufacturer or the offeror, is either published or otherwise available for inspection by customers, and states prices at which sales currently, or were last, made to a significant number of buyers constituting the general public.

(ii) An “established market price” is a current price, established in the usual course of trade between buyers and sellers free to bargain, which can be substantiated from sources independent of the manufacturer or offeror; and

(3) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract are the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers.

(b) Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services. If the offeror certifies to the conditions in paragraph (a) of this provision, and the Contracting Officer determines in accordance with FAR 22.1003-4(c)(3) that the Service Contract Labor Standards statute—

(1) Will not apply to this offeror, then the Service Contract Labor Standards clause in this solicitation will not be included in any resultant contract to this offeror; or

(2) Will apply to this offeror, then the clause at 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Requirements, in this solicitation will not be included in any resultant contract awarded to this offeror, and the offeror may be provided an opportunity to submit a new offer on that basis.

(c) If the offeror does not certify to the conditions in paragraph (a) of this provision—

(1) The clause in this solicitation at 52.222-51, Exemption from…