Combined_Synopsis_Solicitation_FDA_15-223-RFQ-1151643_150820.pdf

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. The government intends to issue a Purchase Order in accordance with FAR PART 13.106 for the requirement herein using Simplified Acquisition Procedures. The solicitation number is FDA_15-223-RFQ-1151643. This solicitation is issued as a Request for Quote (RFQ).

The associated North American Industry Classification System (NAICS) Code is- 811219 - Other Electronic and Precision Equipment Repair and Maintenance; Size standards $20.5 million. This combined synopsis/solicitation is available for full and open competition, meaning that any qualified vendor regardless of size status may submit a quote.

Respondents are responsible for delivery in person, by e-mail, fax, mail or other delivery method of their complete quote and any additional documents before 1:00 pm (Central Standard Time - Local Prevailing Time in Jefferson, Arkansas) on 26 August, 2015 to aaron.glazier@fda.hhs.gov, or by mail to the U. S. Food and Drug Administration, OO/OFBA/OAGS, Attention: Aaron Glazier, 3900 NCTR Road, Building 50, Room 417, Jefferson, AR 72079-9502.

PLEASE NOTE - The above contact information is for the Contracting Office and not the performance addresses. The performance addresses are indicated in the Performance Requirements section below.

For information regarding this solicitation, please contact Mr. Aaron A. Glazier by e-Mail at aaron.glazier@fda.hhs.gov.

The U.S. Food and Drug Administration (FDA), Office of Acquisitions and Grants Services is issuing this Sources Sought Announcement on behalf of the Office of Regulatory Affairs (ORA), San Francisco Lab.

Background

The FDA/ORA currently owns six (6) Thermo Quant-X XRF systems at various FDA locations across the country which are all in need of a preventative maintenance/repair services contract. Be advised that none of the instruments are currently under any kind of warranty or service agreement. At their own expense, vendors are afforded the opportunity to visit and inspect each or any piece of equipment prior to the quote submission if desired (please contact the Contracting Officer to coordinate visit). The solicitation gives serial numbers as well as approximate ages of the equipment and last known date of service for each piece of equipment. This information should be considered when vendors prepare their quotes.

LAB Location POC XRF Serial Number/ Vaccuum pump Serial Number Computer

Installation

Acceptance Date

Last Known Service Date

SAN Food and Drug Administration 1431 Harbor Bay Parkway Alameda, CA 94502

Sally Yee 510-337-6834 sally.yee@fda.hhs.gov

1108319 086304681

Jan 2009 10-27-2014

KAN Food and Drug Administration 11630 West 80th St.

Lenexa, KS 66214

Amir Abdalla 913-752-2737

Amir.Abdalla@fda.hhs.

gov

1010445 109433914

Nov 2010 At time of installation

NRL Food and Drug Administration 158-15 Liberty Ave Jamaica, NY 11433

Shelema Cox 718-340- 7000 x7066 Shelema.Cox@fda.hhs.

gov

1010443 470256100

Dec 2010 At time of

SRL Food and Drug Administration 60 Eighth Street NE Atlanta, GA 30309

Mike Farrow 404-253-2246 james.farrow@fda.hhs.

gov

1010446 109447000

Dec 2010 At time of

FCC Food and Drug Administration 6751 Steger Dr. Cincinnati, OH 45237

Doug Heitkemper 513-679-2700 x2187 douglas.heitkemper@fd a.hhs.go v

910440 109446111

Oct 2010 At time of

WEAC Food and Drug Administration 109 Holton Street Winchester, MA 01890

Stephanie Healey 781- 756-9819 Stephanie.Healey@fda.

hhs.gov

910437 109448386

Nov 2010 At time of

Performance Requirements

The following are minimum requirements for the Preventative Maintenance/Repairs service contract. Alternative performance(s) proposed by the vendor that that differ from these minimum requirements must be justified by the proposing vendor and shall be considered by the Government when making its best value source selection determination. The Contractor shall provide the following:

Unlimited, all-inclusive full coverage of parts, labor, travel for troubleshooting

(when issue can’t be identified/solved remotely), preventative maintenance and repair services of the 6 Thermo Quant-X XRF systems including the following components:

o Quant-X mainframe o X-ray tube o Detector o Vacuum pump o CCD camera o Auto sampler spinner o Computer

Parts Required for Repair shall be new OEM parts Consumables/Supplies required for Repair and/or Preventative Maintenance

Loaner equipment if repair cannot be completed within 10 work days after initial on-site service visit.

All maintenance and repair activities shall be performed by formally-trained and certified technicians/engineers. All repairs and PM services shall be performed following Original Equipment Manufacturer guidance (OEM specifications, manuals, and service bulletins, using OEM replacement parts, components, subassemblies, etc.).

Maximum 72 hour turn-around time for on-site service (for issues that can’t be resolved remotely via phone or Internet).

Minimum of one (1) scheduled on-site Preventive Maintenance per instrument per year to ensure peak performance (includes travel, labor, parts and supplies)

Unlimited Hardware Telephone Support

Unlimited Software telephone troubleshooting

Software updates when new versions are released

The Contractor shall provide instrumental technical support to isolate and resolve hardware problems via telephone and e-mail access, Mondays – Fridays (excluding Federal Holidays) between the hours of 7:00 AM – 5:00 PM (local time at Contractor’s place of business), and shall begin working on a solution to the problem within 8 business hours of contact for assistance. (e.g., telephone-based, email-based).

Deliverables

Service Records and Reports The Contractor shall, commensurate with the completion of each service call or preventative maintenance visit, provide the end-user of the equipment and the Contracting Officer with 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, a detailed description of the work performed, the test instruments or other equipment used to affect the repair or otherwise perform the service, the name(s) and contact information of the technician who performed the repair/service, and for information purposes, the on-site hours expended and parts/components replaced.

Proposed pricing for all necessary Repairs and Preventative Maintenance services as described in the Performance Requirements section for each of the six Thermo Quant- X XRF instruments identified in the Background Section. The lump sum annual price represents a firm fixed price inclusive of services for all six instruments. The total proposed price shall be inclusive of labor, travel, replacement parts, components, subassemblies, etc. that may occur during the coverage periods.

The initial purchase order shall be for a period of one year. The purchase order will also include four (4) additional one (1)-year option periods that if exercised will allow the Government to unilaterally extend the service/maintenance contract.

Item #1 Base Year

Repairs and Preventative Maintenance services as described in the Performance Requirements section for each of the six Thermo Quant-X XRF instruments and their components as identified in the Background Section.

Period of Performance: One year from date of purchase order award.

Estimated Period of Performance: September 1, 2015 – August 31, 2016

Fixed Price: _____________________

Item #2 Option Year 1

Repairs and Preventative Maintenance services as described in the Performance Requirements section for each of the six Thermo Quant-X XRF instruments and their components as identified in the Background Section.

Period of Performance: One year from expiration of the previous coverage period.

Estimated Period of Performance: September 1, 2016 – August 31, 2017

Item #3 Option Year 2

Repairs and Preventative Maintenance services as described in the Performance Requirements section for each of the six Thermo Quant-X XRF instruments and their components as identified in the Background Section.

Period of Performance: One year from expiration of the previous coverage period.

Estimated Period of Performance: September 1, 2017 – August 31, 2018

Fixed Price: _____________________

Item #4 Option Year 3

Repairs and Preventative Maintenance services as described in the Performance Requirements section for each of the six Thermo Quant-X XRF instruments and their components as identified in the Background Section.

Period of Performance: One year from expiration of the previous coverage period.

Estimated Period of Performance: September 1, 2018 – August 31, 2019

Fixed Price: _____________________

Item #5 Option Year 4

Repairs and Preventative Maintenance services as described in the Performance Requirements section for each of the six Thermo Quant-X XRF instruments and their components as identified in the Background Section.

Period of Performance: One year from expiration of the previous coverage period.

Estimated Period of Performance: September 1, 2019 – August 31, 2020

Total Firm Fixed Price (Base + All Options) _____________________

Equipment Location:

See Table in Background Section

Contract Type - Commercial Item - Firm fixed price.

An official authorized to bind the Offeror must sign the terms and conditions of the offer.

Offerors that fail to furnish required representations and certifications, or reject the terms and conditions of the solicitation, may be excluded from consideration.

Contract Clauses and Provisions:

The full text of FAR and HHSAR provisions and clauses may be accessed electronically at http://acquisition.gov/far/index.html or http://www.hhs.gov/policies/hhsar. For each clause listed, the version in effect is that which is included in Federal Acquisition Circular FAC 2005-83 effective August 3, 2015.

FAR Clause 52.204-4, Printed or Copied Double-Sided on Recycled Paper

FAR 52.204-7, System for Award Management

FAR 52.212-4, Contract Terms and Conditions - Commercial Items, applies to this acquisition. The following addenda apply:

Paragraph (a) Inspection/Acceptance- (Deviation) The supplies and/or services delivered hereunder shall be inspected and accepted at destination by the contracting officer’s 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.

Maintenance and Repair

All maintenance and repair activities (including warranty work) shall be accomplished in accordance with Original Equipment Manufacturer (OEM) specifications.

Records and Reports

The Contractor shall, commensurate with the completion of each service call (inclusive of warranty service), provide the end-user of the equipment with 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, a detailed description of the work performed, the test instruments or other equipment used to affect the repair or otherwise perform the service, the name(s) and contact information of the technician who performed the repair/service, and for information purposes, the on-site hours expended and parts/components replaced. In addition, the Contractor shall provide a written report to the FDA COR and Contract Specialist, summarizing all maintenance and repair activities (including warranty work) each time service and/or repair is performed.

FAR Clause 52.217-9, Option To Extend The Term Of The Contract.:

(a) “…within one (1) calendar day of contract expiration…at least 30 calendar days…”

(b) “…shall not exceed five (5) years from the date of award.”

FAR 52.232-40, Providing Accelerated Payment to Small Business Subcontractors

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 statement of work;

(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 Contracting Officer for this order is:

Aaron A. Glazier

Phone: (870) 543-7577 Email: aaron.glazier@fda.hhs.gov

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 COR for this order is: to be completed at time of award.

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

(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) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

____ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 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 (Apr 2010) (41 U.S.C.

3509).

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

_X_ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved] ___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) (31 U.S.C. 6101 note).

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

___ (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Public Law 112-74, section 740 of Division C of Pub. L.

111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub.

L. 110-161).

___ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

_X_ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (13) [Reserved] ___ (14) (i) 52.219-6, Notice of Total Small Business 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 (May 2014) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jul 2013) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Oct 2001) of 52.219-9.

___ (iii) Alternate II (Oct 2001) of 52.219-9.

___ (iv) Alternate III (July 2010) 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 (Nov 2011) (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) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

___ (ii) Alternate I (June 2003) of 52.219-23.

___ (22) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Jul 2013) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (23) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (24) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

_X_ (25) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

___ (26) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

___ (27) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

_X_ (28) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

___ (29) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).

_X_ (30) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X_ (31) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

_X_ (32) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

_X_ (33) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C.

793).

_X_ (34) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).

___ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

___ (36) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

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

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

___ (38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) + (E.O.s 13423 and 13514 ___ (ii) Alternate I (Jun 2014) of 52.223-13.

___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (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 (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-16.

_X_ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011).

___ (43) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (44) (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.

___ (45) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (46) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (47) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2303 Note).

___ (48) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

___ (49) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (50) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (51) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X_ (52) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (53) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (54) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (55) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (56) (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:

[Contracting Officer check as appropriate.] ___ (1) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C.

chapter 67).

___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

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

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

___ (7) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

___ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

___ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 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 (Apr 2010) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (May 2014) (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 $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

(vii) 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.

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

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 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.)

(xi) 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)

(xii) 52.222-54, Employment Eligibility Verification (Aug 2013).

(xiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xiv) 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.

(xv) 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)

HHSAR 352.202-1 Definitions HHSAR 352.203-70 Anti-Lobbying HHSAR 352.222-70 Contractor Cooperation in Equal Employment Opportunity Investigations

Solicitation provisions

The provision at FAR 52.212-1 Instructions to Offerors - Commercial Items applies to this solicitation.

Addendum to Paragraph (b) Submission of offers (8) Representations and Certifications-

Unless otherwise expressly notified by the Offeror, all quotes received in response to this solicitation shall be evaluated under the premise that the Offeror certifies that the combination of equipment maintenance/repair services its proposing 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 WD 05-2413 (Rev.-13) first posted on 7/14/15 http://www.wdol.gov/wdol/scafiles/std/05-2255.txt?v=18

Addendum to Paragraph (c) Period for acceptance of offers. The offeror shall state on its quote that the quoted prices in its offer firm until September 30, 2014.

Addendum to Paragraph (f) Late submissions, modifications, revisions, and withdrawals of offer- Interested vendors may contact the Contracting Officer to schedule an appointment to inspect the equipment prior to quote submission. Failure to inspect the equipment will not relieve the offeror from honoring its quote and/or performance under any resulting purchase order that may be issued based on its quote.

The provision at FAR 52.212-2 Evaluation-Commercial Items is applicable to this solicitation.

The specific evaluation criteria to be included in paragraph (1) of that provision are as follows:

(i) Technical Capability (ii) Price.

The Government will award the purchase order using a best value methodology. The vendor whose quote is determined to be the most advantageous to the Government considering both price and non-price factors shall be selected for award. The vendor shall demonstrate that its proposed technical solution meets or exceeds the stated requirements..

Non-price factors (Technical Capability). Technical Capability will be determined and evaluated by review of information submitted by the offeror, which must provide sufficient technical information necessary for the Government to conclusively determine that the offered items meet or exceed the technical requirements identified above. Offerors shall specifically address the Performance Requirements section and shall provide descriptive material, literature, brochures and other information which demonstrates the abilities of the offeror.

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. Offeror’s shall include the firm’s DUNS number with quote.

Price proposed must be detailed and represent the offeror’s response to the schedule of items above.

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

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

The Provision at FAR 52.212-3, Offerors Representations and Certifications-Commercial Items, applies to this acquisition. An offeror shall complete only paragraph (b) of the provision if the offeror has completed the annual representations and certification electronically via https://www.sam.gov/portal/public/SAM/#1

The Defense Priorities and Allocations System (DPAS) and assigned rating are not applicable to this solicitation notice.

It is the offeror's responsibility to monitor the internet site for the release of an amendment to the combined synopsis/solicitation (if any).

Respondents are responsible for delivery in person, by e-mail, fax, mail or other delivery method of their complete quote and any additional documents before 1:00 pm (Central Standard Time - Local Prevailing Time in Jefferson, Arkansas) on 26 August 2014 to aaron.glazier@fda.hhs.gov, or by mail to the U. S. Food and Drug Administration, OO/OFBA/OAGS, Attention: Aaron Glazier, 3900 NCTR Road, Building 50, Room 417, Jefferson, AR 72079-9502.