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FDA-15-SOL-1147266
PART 1 – GENERAL INFORMATION
This is a Combined Synopsis/Solicitation for Commercial Items prepared in accordance with the format in FAR Subpart 12.6 Streamlined Procedures for Evaluation and Solicitation for Commercial Items as supplemented with additional information included in this notice. This Request for Quotation (RFQ) announcement constitutes the only solicitation that will be issued; quotes are being requested and a written solicitation will not be issued. This requirement is being solicited as full and open and the Government contemplates a Firm-Fixed Price Purchase Order will result from this solicitation. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 05-82 dated May 7, 2015.
The associated North American Industrial Classification System (NAICS) code for this procurement is 541990. Its associated Small Business Size Standard is 500 employees.
PART 2 – SUPPLIES OR SERVICES AND PRICES/COSTS
Description of Supplies or Services
The Food and Drug Administration (FDA) requires forensic testing laboratory accreditation for its Forensic Chemistry Center (FCC) located in Cincinnati, OH covering a four-year cycle of accreditation (2016 – 2019). Laboratory accreditation improves the quality of services the FCC provides to the criminal justice system, provides a systematic approach to review and assess FCC’s performance, and allows us to demonstrate that the laboratory meets established standards. Since 2001, FCC has been accredited by ASCLD/LAB-International, an ISO 17025-based accreditation body with additional requirements for Forensic Testing Laboratories. These additional requirements help to ensure that the laboratory provides analytical testing results of documented quality to the federal and state courts in civil and criminal proceedings and specifically that the FCC analysts’ testimonies and analytical findings in criminal cases are readily accepted in court. The ultimate goal of an accreditation program is to enhance the reliability and the comparability of test data generated from the accredited laboratory.
Pricing Table
| Line Item |
| Description |
| QTY |
| Price |
| 1 |
| On-site Assessment Fee for one (1) Forensic Laboratory |
| 1 |
| $ |
| 2 |
| Application fee for reaccreditation of (1) Forensic Laboratory |
| 1 |
| $ |
| 3 |
| Option Year #1 – Annual/Assessment fee for continued accreditation of (1) Forensic Laboratory – includes annual fee and any annual assessment visit or other related costs |
| 1 |
| $ |
| 4 |
| Option Year #2 – Annual/Assessment fee for continued accreditation of (1) Forensic Laboratory – includes annual fee and any assessment visit or other related costs |
| 1 |
| $ |
| 5 |
| Option Year #3 – Annual/Assessment fee for continued accreditation of (1) Forensic Laboratory – includes annual fee and any annual assessment visit or other related costs |
| 1 |
| $ |
| Overall Total |
| $ |
PART 3 – DESCRIPTION
Minimum Requirements
The contractor shall provide all of the below minimum requirements. Equivalent requirements that differ from these minimum requirements must be justified by the proposing vendor and evaluated by the Project Officer prior to purchase.
· The offeror shall provide forensic testing laboratory accreditation assessment. Upon satisfactory performance by the Forensic Chemistry Center in meeting the accreditation requirements, the offeror shall provide a Certificate of Accreditation for the laboratory.
· The offeror shall provide the application review and assessment activities for the first year of the contract prior to August 30, 2015 in order to allow enough time for laboratory responses to any deficiencies found prior to the expiration of the laboratory’s current accreditation on April 1, 2016. This will ensure that no lapse in accreditation occurs.
· The offeror shall provide an initial application review and on-site assessment of the Forensic Chemistry Center covering all areas of accreditation (including administrative, drug chemistry, trace evidence, biology, toolmarks, and toxicology) and shall provide additional assessments in Years #2, #3 and #4 as Options Years. These option years can include on-site and/or off-site assessments.
· Item 1 in the Pricing Table includes an Assessment Fee: This fee is the actual cost of bringing assessment staff to the FCC laboratory for a one week on-site assessment to evaluate laboratory data, work products, procedures, records, proficiency testing program, Management Reviews, security, reporting structure, etc. to assess the operations for compliance with ISO 17025 and additional requirements of Forensic Testing Laboratories.
· Item 2 in the Pricing Table includes an Application Fee: This fee is for the evaluation of a package of lab and employee information to evaluate and understand FDA’s current operations before an assessment team is needed.
· The initial on-site assessment shall be completed within one week
· For any additional routine on-site assessments, the offeror shall complete the assessment within 2 days.
· The offeror shall provide forensic testing laboratory accreditation assessment of the Forensic Chemistry Center based on requirements specified in ISO/IEC 17025:2005, “General requirements for the competence of testing and calibration laboratories” with additional requirements specific to forensic science testing laboratories. These additional requirements are necessary to ensure that the laboratory provides analytical testing results of documented quality to federal and state courts in criminal and civil proceedings. At a minimum, these additional requirements shall include the following:
· Documentation of technical and administrative reviews of technical records.
· Identification and routine testing of reagents to ensure their reliability.
· Identification and retention of technical and case-related documents.
· Demonstrating education, training and qualifications that are needed to demonstrate that an analyst is capable of handling and examining evidence.
· Training in the presentation of evidence in courts of law.
· Training in the ethical practices in forensic sciences, a general knowledge of forensic science, and applicable criminal and civil law and procedures.
· Training related to laboratory security and secured evidence storage.
· “Chain of custody” of evidence, including the tracking of sub-items, and the maintenance, storage and security of items of evidence, to include measures taken to prevent loss, cross transfer, contamination or deleterious change.
· Estimation of uncertainty of measurement.
· Measurement traceability.
· Establishment of a proficiency and competency testing program.
· Technical review of examination records.
· Administrative review of examination records.
· Writing and release of test reports.
· Designation of specific individuals who are assigned technical responsibility for each discipline, as defined by the designee having the appropriate technical training and experience in that discipline.
· The offeror shall be capable of providing accreditation in the following forensic testing areas:
· Drug Chemistry (including controlled substances, general chemical testing and quantitative analysis)
· Trace Evidence (including fibers and textiles, general physical and chemical analysis, glass analysis and quantitative analysis)
· Biology (including microbiology and molecular biology)
· Toolmarks (including puncture analysis)
· Toxicology (including post-mortem forensic toxicology)
· Human DNA (FBI QAS program)
· The offeror shall provide accreditation assessment activities for a total of 59 proficiency-tested employees and 15 non-proficiency tested employees. Within the areas of forensic testing, the following numbers of employees must be covered under the accreditation:
· Drug Chemistry - 43 employees
· Trace Evidence – 17 employees
· Biology – 4 employees
· Toolmarks (Punctures)- 5 employees
· Toxicology – 2 employees
· In option years, the offeror shall provide accreditation assessment activities for a cap of employees within the areas of forensic testing. The following numbers of employees must be covered under the accreditation:
· Drug Chemistry - 55 employees
· Trace Evidence – 20 employees
· Biology – 7 employees
· Toolmarks (Punctures) - 8 employees
· Toxicology – 5 employees Place of Performance Food and Drug Administration 6751 Steger Drive Forensic Chemistry Center
Cincinnati, OH 45237 POC: “Shall be provided at time of award.”
Period of Performance
One year from the award of the contract with three 1-year option periods.
PART 4 - CONTRACT ADMINISTRATION DATA
a. The following personnel will represent the Government for the purpose of this contract:
1. Contracting Officers Representative (COR):
To be determined upon contract award 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.
2. Contracting Officer Tiffany Williamson 5630 Fishers Lane
Rockville, MD 20857
Tiffany.Williamson@fda.hhs.gov Tel: (240) 402-7558 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 RFQ; (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.
b. Invoice Submission The contractor shall submit one (1) original copy of each invoice to the address specified below:
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
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) Purchase Order/Award Number;
(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; and (c) any other supporting information necessary to clarify questionable expenditures;
(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;
(VII) Name and address of official to whom payment is to be sent (must be the same as that in the purchase order 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 financial institution receiving payment and the number of the account into which funds are to be deposited;
(XI) Name and telephone number of the FDA Contracting Officer Representative (COR) or other program center/office point of contact as referenced on the purchase order; and
(XII) Any other information or documentation required by the purchase order/award.
An electronic invoice is acceptable if submitted in Adobe Acrobat (PDF) format. All items listed in (I) through (XII) 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.
Questions regarding invoice payments should be directed to the FDA Payment Office at telephone number provided above.
PART 5 - SPECIAL CONTRACT REQUIREMENTS
Government Holidays
Workplace is not available on the Government Holidays stated below, or as prescribed by an Executive Order (EO) or OPM.gov due to inclement weather.
January
(New Year’s Day)
January
(Martin Luther King Day)
February (President’s Day)
May
(Memorial Day)
July
(Independence Day)
September (Labor Day) October (Columbus Day)
November (Veterans Day)
November (Thanksgiving)
December (Christmas Day) Confidentiality
The offeror must have a policy in effect that the auditors and anyone else involved in the process has completed and signed the contractor’s confidentiality policy. When the assessment is complete, documents/records are not retained by the assessors. They may be destroyed or forwarded to the records area of the offeror.
Approval of Assessors
Forensic Chemistry Center managers will be notified in advance of the audit team members and will inform the offeror of any potential Conflict of Interest of an assessor.
PART 6 - CONTRACT CLAUSES
52.252-2 Clauses Incorporated by Reference (Feb 1998) This contract incorporates one or more clauses 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. Also, the full text of a clause may be accessed electronically at this/these address(es): https://acquisition.gov/far/ 52.212-4 - Contract Terms and Conditions – Commercial Items (May 2015)
FAR Clauses in Full Text
52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (May 2015)
(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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)
(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:
[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).
___ (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) [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 2011) (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]
___ (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 (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).
___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2014) (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 (Oct 2014) 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) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).
_X__ (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 Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).
___ (24) 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__ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
___ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).
_X__ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
_X__ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).
___ (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).
_X__ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
___ (31) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).
_X__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
___ (33) (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).
___ (34) 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.)
___ (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) (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.
___ (37) (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.
___ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).
___ (39) (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__ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).
___ (41) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).
_X__ (42) (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.
___ (43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
_X__ (44) 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).
___ (45) 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).
___ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
___ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
___ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).
___ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
_X__ (50) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).
___ (51) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).
___ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
_X__ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
___ (54) (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) 52.222-17, 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).
___ (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 2014) (E.O. 13658).
___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).
___ (10) 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 (Oct 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) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).
(vi) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).
(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(viii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).
(ix) 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.
(x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).
(xi) ____ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (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 E.O. 13627).
(xii) 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.)
(xiii) 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)
(xiv) 52.222-54, Employment Eligibility Verification (Aug 2013).
(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E.O. 13658).
(xvi) 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).
(xvii) 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.
(xviii) 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
52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
www.acquisition.gov/far 52-212-1 - Instructions to Offerors – Commercial Items (Apr 2014)
52.212-2 - Evaluation -- Commercial Items (Oct 2014)
PART 7– INSTRUCTIONS TO THE OFFERORS
The provision 52.212-1 incorporated above is tailored as follows. Quotes are due June 5, 2015 at 12:00 p.m. (Eastern Time). Send via email in native (Word/Excel) and PDF format to the Contract Specialist, Tiffany Williamson (Tiffany.Williamson@fda.hhs.gov). Send any questions, via email, to the Contract Specialist no later than 12:00 p.m. (Eastern Time) on Monday June 1, 2015.
The offeror must have adequate experience in accrediting Federal forensic testing laboratories as evidenced by past accreditation of at least 5 Federal forensic testing laboratories. The offeror shall provide a list of Federal forensic testing laboratories that they have accredited.
The offeror must be recognized as qualified in accrediting forensic testing laboratories as evidenced by their recognition by other accrediting bodies such as the International Laboratory Accreditation Cooperation (ILAC). The offeror shall provide verification.
Vendors shall include a copy of their reps and certs with their quote.
SAM: All interested offerors shall be registered in the System for Award Management (SAM), if the offeror is not registered in SAM, please visit https://www.sam.gov . Your will need your Tax ID, DUNS Number and banking information. Vendors who are not registered in SAM will not be eligible for award.
PART 8 – GENERAL EVALUATION INFORMATION:
The provision 52.212-2 incorporated above is completed as follows. FDA will evaluate quotes received in response to this RFQ on using the low-price-technically-acceptable (LPTA) methodology. To be determined “Technically Acceptable” the offeror must meet all requirements described above. The quote must outline all characteristics of the statement of work. The contractor quote shall also provide sufficient information to allow the government to evaluate that the contractor shall meet the requirement under Part 3. FDA will make the award to the offeror whose quote meets the requirement and whose overall price is the lowest in price.
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