Attachment III - Solicitation HT940625R0007 Amendment 1.pdf
PDF 464 KB Posted
- Attached to
- Lease of one (1) 64-128 Computed Tomography (CT) System: Naval Hospital Guantanamo Bay, Cuba
- Solicitation number
- HT940625R0007
- Issued by
-
Defense Health Agency
About this file
This document is a federal solicitation (Request for Quote) for the Defense Health Agency to lease a mobile Computed Tomography (CT) System for Naval Hospital Guantanamo Bay, Cuba. The solicitation (HT940625R0007) seeks a contractor to provide one 64-128 slice CT System trailer that is mobile, weatherproof, and accessible to both ambulatory and non-ambulatory patients, along with one day of onsite orientation training for 2-3 CT Technicians. The contract includes a 6-month base period from July 2, 2025 to January 2, 2026, with an optional 3-month extension from January 3, 2026 to April 2, 2026.
The procurement is set aside for small businesses, with a size standard of $40,000,000 and NAICS code 532490. Proposals must be submitted electronically by 12:00 PM on April 28, 2025, to specified email addresses. The contractor will be responsible for delivering the CT system to Jacksonville, Florida Port, with the government handling transportation to Guantanamo Bay. The system must meet specific technical requirements, including the ability to perform various CT scanning functions, comply with FDA regulations, and operate according to Original Equipment Manufacturer specifications. Questions about the solicitation must be submitted by email no later than 2:00 PM on April 4, 2025.
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| File | Type | Posted |
|---|---|---|
| Attachment II - Pricing Sheet HT940625R0007.xlsx | XLSX spreadsheet | |
| Attachment I -Solicitation HT940625R0007 Original.pdf |
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SEE ADDENDUM
(No Collect Calls)
HT940625R0007 19-Mar-2025
b. TELEPHONE NUMBER
7262030035
8. OFFER DUE DATE/LOCAL TIME
12:00 PM 28 Apr 2025
5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA – FAR (48 CFR) 53.212
(TYPE OR PRINT)
(SIGNATURE OF CONTRACTING OFFICER)
ADDENDA ARE
26. TOTAL AWARD AMOUNT (For Gov t. Use Only )
23.
CODE 10. THIS ACQUISITION IS
SUCH ADDRESS IN OFFER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT
BELOW IS CHECKED
TELEPHONE NO.
HT94069. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
REBECCA BRASHEARS
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER
(TYPE OR PRINT)
30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA
0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.
25. ACCOUNTING AND APPROPRIATION DATA
1. REQUISITION NUMBER
20.
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
. YOUR OFFER ON SOLICITATION
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
% FOR:SET ASIDE:UNRESTRICTED OR X
SMALL BUSINESSX
17a.CONTRACTOR/ CODE FACILITY
OFFEROR CODE
DHA CONTRACTING OFFICE TIDEWATER HT9406
7700 ARLINGTON BLVD
FALLS CHURCH VA 22042
18a. PAYMENT WILL BE MADE BY CODE
RATED ORDER UNDER
DPAS (15 CFR 700)
13a. THIS CONTRACT IS A
13b. RATING
CODE15. DELIVER TO CODE HT0446 16. ADMINISTERED BY
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
NAVSTA GUANTANAMO BAY
NAVSTA GUANTANAMO BAY
PSC1005 BOX 110185
FPO AA 34009
TEL: FAX:
FAX:
TEL: SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
$40,000,000
NAICS:
532490
OFFER DATED
29. AWARD OF CONTRACT: REF.
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
EMAIL:
TEL:
31c. DATE SIGNED
SEE SCHEDULE
SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT
24.22.21.19.
WOMEN-OWNED SMALL BUSINESS (WOSB)
ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
(CONTINUED)
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
37. CHECK NUMBER
FINALPARTIALCOMPLETE
36. PAYMENT35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER
FINAL
33. SHIP NUMBER
PARTIAL
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
STANDARD FORM 1449 (REV. 2/2012) BACK
Prescribed by GSA – FAR (48 CFR) 53.212
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
SEE SCHEDULE
20.
SCHEDULE OF SUPPLIES/ SERVICES
21.
QUANTITY UNIT
22. 23.
UNIT PRICE
24.
AMOUNT
19.
ITEM NO.
HT940625R0007
Section SF 1449 - CONTINUATION SHEET
PERFORMANCE WORK STATEMENT
PERFORMANCE WORK STATEMENT
1.0 GENERAL INFORMATION
1.1 This is a non-personal services contract to provide one (1) 64 -128 Slice Computed Tomography (CT)
System trailer that is mobile water and weatherproof for Naval Hospital Guantanamo Bay, Cuba.
1.2 Description of Services/Introduction: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary for the lease of one (1) 64 -128 Computed Tomography (CT) System as defined in this Performance Work Statement (PWS). The contractor shall perform to the standards in this PWS.
1.3 Background: US Naval Hospital Guantanamo Bay (USNHGB) is a Medical Treatment Facility (MTF) that is part of Navy Medical Forces Atlantic located in Cuba. USNHGB provides surgical, clinical, and dental services to its beneficiaries. The Joint Task Force (JTF) Joint Medical Group (JMG) Guantanamo Bay Provides surgical, clinical, and dental services to its beneficiaries. The existing CT scanner will be unavailable for approximately 12-weeks Naval Hospital Guantanamo Bay, Cuba requires leasing of a 64-128 Slice mobile Computed Tomography (CT) System during this planned downtime in order to maintain uninterrupted and reliable CT services in pursuit of quality care and positive patient experiences.
1.4 Objectives: Naval Hospital Guantanamo Bay will lease one (1) mobile 64-128 Slice CT Scanner to carry out all current standard exams performed at this hospital during a planned installation of the permanent unit.
1.5 Scope: This firm fixed price non personal services requirement is for (a). the lease of one (1) mobile 64-128
Computed Tomography (CT) System trailer that is weatherproof, accessible for both ambulatory and non-ambulatory patients and (b). one (1) day of onsite orientation training for 2 or 3 CT Technicians.
1.5.1 The contractor shall provide certified personnel with tools, supplies and transportation to set up the mobile unit onsite and remove it at the end of the period of performance. The services provided for the unit shall be in accordance with the Original Equipment Manufacturer (OEM) specifications.
1.5.2 The mobile CT system shall be able to scan the entire body habitus of the patients. The CT system shall be able to perform scout scans in lateral and/or anterior-posterior planes for accurate scan localization. It shall support anatomical range definition for prospective reconstructions and shall be capable of moving the patient as the table moves incrementally between scans.
1.5.3 The system shall be capable of acquiring up to 64 - 128 slices in one rotation, the CT system should have the ability to support gated cardiac calcium scoring examinations using the wireless vital signal module (VSM). The system shall be able to preview reconstructions, real-time reconstructions, reconstructions after preview and Off-Line Reconstructions.
1.5.4 The system shall properly display the CTDlvol (Unit:mGy/100mAs) and DLP dose reports for each patient after completing their CT examination. The systems clinical applications should include 2D/3D Image Review/Edit, 2D/3D Post-processing, Evaluation tools, 3D image reconstruction and advanced applications. The system shall have the proper data management to include, DICOM, Networking, DVD/CD Archiving, Filming, MPPS, Workstream 4D. Should include a Coronal Prone and Supine Head Holder, should be able to include iMAR-Metal Artifact Reduction.
1.5.5 The system specifications shall include the Z-Detector, X-Ray Tube & HV Generator, Gantry and Patient table and shall be able to provide image quality to include spatial resolution, Low-Contrast Detectability, Image noise and CT Number Display range.
1.5.6 Vendor shall be an Original Equipment Manufacturer (OEM) authorized dealer, authorized distributor, or authorized reseller for the proposed equipment/system, such that OEM warranty and service are provided and maintained by the OEM. All software licensing, warranty, and service associated with the equipment/system shall be in accordance with the OEM terms and conditions.
1.5.7 The system, including claims made for the product, shall be regulate and compliant by the FDA under two statutes which includes being regulated as radiation-emitting electronic products under the Radiation Control for Health and Safety Act and as medical devices under the Medical Device Amendments to the Food, Drug, and Cosmetic Act.
1.5.8 The Vendor shall ensure the mobile 64 - 128 Slice trailer is weatherproof before transporting to Guantanamo Bay, Cuba ensuring the CT machine is safe from the elements of the weather.
1.5.9 The vendor is responsible for delivery of the mobile, CT system to the Jacksonville, Florida Port. The
Government shall transport the mobile CT Scanner to Upon delivery the vendor shall be responsible for uncrating the unit/system, transporting it to the location of intended use, and removing all trash created in this process. If interim storage is required, the contractor shall make arrangements for the storage.
1.5.10 The vendor shall provide the 64 - 128 Slice trailer up to 8.5’ x 48’. The vendor shall provide transportation, non-personal service, installation, complete setup (includes power generation/supply to unit from installation grid). The mobile CT will be operating at Original Equipment Specifications when delivered and throughout the term of the agreement.
1.5.11 Authority to Operate (ATO):The Contractor must have a current/approved Authority to Operate (ATO) certificate from Defense Health Agency (DHA) for the specific model of system being submitted. If no ATO: The vendor shall provide the hard drive with disc scanning capability. The hard drive will be required to remain on island once the lease is terminated.
2.0 ADMINISTRATIVE SPECIFICATIONS
2.1 Period of Performance (PoP):
Base Period (6 Months): July 2, 2025 – January 2, 2026 Option Period 1 (3 Months): January 3, 2026 – April 2, 2026
2.2 Place of Performance: The work shall be performed at Naval Hospital Guantanamo Bay, Cuba
2.3 Recognized Federal Holidays: The contractor is required to perform emergent repairs as required on federally recognized holidays to ensure the unit remains in service. See Section 2.5 - Emergency Services
2.4 Security and Safety Requirements: The Contractors personnel shall comply with the DoD Information
Assurance Policies as applicable.
• Field service personnel shall wear visible photo identification at all times while on the premises of
Naval Hospital Guantanamo Bay and the Joint Task Force Guantanamo Bay.
• It is the responsibility of the field service personnel to park in the appropriate designated non-patient or otherwise marked parking areas
• Information on non-patient or otherwise marked parking is available from Naval Hospital Guantanamo Bay and the Joint Task Force Guantanamo Bay Security personnel.
• Smoking is prohibited inside any buildings of Naval Hospital Guantanamo Bay and the Joint Task Force Guantanamo Bay.
• Possession of weapons, alcohol, or pharmaceuticals that are not over the counter or prescribed to the individual/family is prohibited on the Naval Hospital Guantanamo Bay and the Joint Task Force Guantanamo Bay.
• Enclosed containers, including tool kits, are subject to search. Violations of Naval Hospital Guantanamo Bay and the Joint Task Force Guantanamo Bay regulations may result in citation answerable in the United States (Federal) District Court.
• Physical Security: The contractor shall be responsible for safeguarding all government equipment, information and property provided for contractor use. At the close of each work period, government facilities, equipment, and materials shall be secured.
2.5 Emergency Services: A Contractor’s qualified Field Engineer or Technician shall be available via telephone 24 hours, to provide troubleshooting support, and to schedule necessary on-site service during unexpected/uplanned occurrences.
2.6 Contractor Travel Contractor’s unit pricing shall be inclusive of all associated costs to perform the work described in this PWS. including travel, per-diem, lodging, transportation, miscellaneous travel expenses, and shipping of contractor tools, supplies, and misc. equipment. Dates for any site visit is required to be provided to the Sponsor 10 – 20 days prior to each visit. The contractor shall access the Joint Travel Regulations website, https://www.travel.dod.mil/Policy-Regulations/Joint-Travel-Regulations/ to review travel and regulatory guidance. The contractor shall be responsible for all travel and travel related cost (lodging, airfare, per Diem, and transportation) and accommodations shall be arranged by the contractor.
2.7 Military Air Travel: For this contract, the exclusive mode of travel is MILAIR, the availability of flights is subject to change. Based on this, the Government will facilitate negotiations with the contractor as needed to address any changes related to the availability of flights to and from the place of performance, Guantanamo Bay, Cuba. Travel shall not occur until such time as the travel CLIN identified in the contract is fully funded.
2.8 Flight Arrangements: Complete and return the travel request form along with Passport and proof of citizenship. Provide the sponsor the completed/approved Synchronized Redeployment and Operational Tracker Letter of Authorization (SPOT LOA). This system is accessed by a centralized person within the contractor’s organization. Training for SPOT access and submissions can be obtained through the following:
https://spot.dmdc.mil/default.aspx
2.9 Base Access: Complete the Entry Clearance Form and email it back to the sponsor no later than 21 days prior to travel (45 days for personnel with dual citizenship). Guantanamo Bay Security Office requires your social security number and one other identity source document. Digital Signatures are fine but do not use the premade generic option where you type, and it converts to a signature as this will be returned and cause delay. If we do not receive this form in time, you will not be allowed access to the base. Once the form has been approved the base POC will email you back with signed copy.
3.0 QUALITY CONTROL: The contractor shall develop and maintain an effective QC program to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure nonrecurrence of defective services. The contractor’s QC program is the means by which the work complies with stated requirements. The QCP is to be delivered by email, within 30 days after contract award. A comprehensive written QCP shall be submitted to the Contracting Officer and COR within 5 working days by email when changes are made thereafter. After acceptance of the Quality Control Plan (QCP) the contractor shall receive the CO’s acceptance in writing of any proposed change to this QC system.
4.0 SPECIFIC TASKS
https://spot.dmdc.mil/default.aspx
4.1 Phase-In Service: Upon award, the Contractor shall have the opportunity to inspect and verify that the equipment is in normal operating conditions at no additional cost to the Government. During installation, Contractor shall keep the site safe, neat, clean and orderly. Contractor shall be responsible for all means, methods, techniques, sequences, and procedures of the installation. The Contractor shall protect all facilities from damage and shall repair, at no additional cost to the Government, all damages caused by the Contractor’s activities. Upon completion of the installation, the Contractor shall provide certification that the equipment under this contract is operating in accordance with OEM specifications. The contractor shall provide a report of the inspection to the Contracting Officer’s Representative (COR).
4.2 Phase-Out of Service: Upon expiration or termination of this contract, The Contractor shall protect all facilities from damage caused by the Contractor and shall repair, at no additional cost to the Government, all damages caused by the Contractor’s activities to remove the CT Scanner System.
During removal of the Contractor shall keep the site safe, neat, clean and orderly. Contractor shall be responsible for all means, methods, techniques, sequences, and procedures of the services. If any of the equipment is not in normal operating condition, the contractor shall provide details of the equipment conditions/status, and a corrective maintenance report shall be provided at no additional cost to the Government for review.
4.3 Qualifications /Considerations: The Contractor shall provide only qualified Field Engineers and
Technicians who have gone through training to perform services on the equipment listed under this PWS. Certifications shall be current. The contractor shall provide training certificates prior to the performance start date of any service(s) under this requirement. Training certificates and/or certifications shall detail training location, trainee’s name, training completion date, and training expiration date.
5.0 GOVERNMENT-FURNISHED PROPERTY AND SERVICES
5.1 Government Responsibility for Damage: The Government shall not be responsible, in any way, for damage to the Contractor employees’ personal belongings brought onto the site.
5.2 Telephones: Government telephone facilities will be made available to the Contractor for official business use only. This includes contacting manufacturers, suppliers, and government users. Access to outside lines and international calls may be restricted in accordance with Naval Hospital Guantanamo Bay and the Joint Task Force Guantanamo Bay policy.
6.0 CONTRACTOR-FURNISHED ITEMS AND SERVICES
6.1 Responsibility: Contractor shall furnish all supplies, materials, repair or replacement parts, tools, equipment, software upgrading and labor necessary to efficiently and acceptably perform the requirements of this contract. OEM letters for equipment are only required on items such as sterilizers, washers, ventilators, X-ray units, contrast injectors, and pharmaceutical hoods.
6.2 Damages: The Contractor shall protect all facilities from damage caused by the Contractor and shall repair, at no additional cost to the Government, all damages caused by the Contractor’s activities.
During performance of services, Contractor shall keep Naval Hospital Guantanamo Bay and the Joint Task Force Guantanamo Bay site safe, neat, clean, and orderly. Contractor shall be responsible for all means, methods, techniques, sequences, and procedures of the service.
INSTRUCTIONS TO OFFERORS
Instructions to Offerors
Offerors shall clearly demonstrate their ability to meet the requirements and deliverable schedule as outlined in the associated solicitation.
As set forth in FAR 52.212-1 (g), Contract award, the Government intends to evaluate quotations and award one contract without discussions with offerors. The offerors’ initial quotation should contain the offerors best terms from a price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines it necessary.
Reference the Request for Quote (RFQ) number HT940625R0007 in the Subject line of email communications.
Offerors quotations shall not be deemed “received” by the Government until the quotation is entered in the Contracting Officer’s e-mail inbox: lenore.y.paseda.civ@health.mil and Contract Specialist’s e-mail inbox:
rebecca.a.brashears.civ@health.mil
SUBMITTAL INSTRUCTIONS
1. SUBMIT ONE QUOTE VIA EMAIL. The quote shall be organized, concise, and tabbed. Each factor shall be described in a separate tabbed section. Those Offerors that meet the requirement described in this announcement and wish to be considered must submit one (1) electronic email with the RFQ response no later than 12:00PM Local Time on 28 April 2025.
2. Questions must be addressed to rebecca.a.brashears.civ@health.mil AND lenore.y.paseda.civ@health.mil by email only no later than 2:00 PM Local on 04 April 2025. No phone calls accepted. Answers to questions will be addressed and posted to www.sam.gov as soon as possible after the deadline for questions has closed. In the event multiple questions address the same issue, the Government reserves the right to answer a representative question that best exemplifies the issue. Please submit only one set of questions per company.
3. Each submittal shall contain the following information:
a. Cover and title page per FACTOR
b. Title of the FACTOR and qualification number as applicable
c. Offeror’s name, address, and Point of Contract (POC) for Contractual Authority
d. RFQ number
e. Use of page numbers, tabs, and dividers is highly encouraged
4. Quote Preparation Expenses and Pre-Contract Costs
The RFQ solicitation does not commit the Government to pay any costs incurred in the preparation and submission of a quote or for any other costs incurred by any offeror submitting a quote in response to this solicitation. Offerors are cautioned against submitting conditional RFQ.
a. The Government will not make assumptions concerning intent, capabilities, or experiences. Clear identification of quote details shall be the sole responsibility of the offeror.
b. Failure to clearly address all submittal requirements, evaluation criteria and information requirements of the RFQ above may result in rejection of the submission.
II. ADDENDUM TO FAR 52.212-2, EVALUATION -- COMMERCIAL ITEMS - EVALUATION
CRITERIA AND BASIS FOR AWARD
A. The Government intends to evaluate quotations and issue a firm fixed price contract based on the initial quotations received, utilizing FAR SUBPART 12.6- STREAMLINED PROCEDURES FOR
EVALUATION AND SOLICITATION FOR COMMERCIAL PRODUCTS AND COMMERCIAL
SERVICES. The Government will evaluate quotes utilizing the procedures found at FAR 12.602 Streamlined Evaluation of Offers. The Government reserves the right to request revised quotations from, or negotiate final contract terms with, one or more, but not all, Offerors if later determined by the Contracting mailto:lenore.y.paseda.civ@health.mil mailto:rebecca.a.brashears.civ@health.mil mailto:rebecca.a.brashears.civ@health.mil mailto:lenore.y.paseda.civ@health.mil http://www.sam.gov/
Officer to be necessary. The Government may reject any or all quotations if such action is in the public interest and issue a contract to other than the Offeror with the best valued quotation.
B. Incomplete quotations may be considered non-responsive and removed from further consideration.
Quotations shall be clearly and concisely written as well as being neat, indexed (cross-indexed as appropriate) and logically assembled. All pages of each part shall be appropriately numbered and identified with the name of the offeror, the date, and the solicitation number.
C. BASIS FOR AWARD.
This is a Best Value procurement. The Government may elect to award based on the evaluation of the non-price factors and the Best Value to the Government. The Government will not use the formal source selection procedures described in FAR Part 15. The Government will evaluate quotations utilizing the procedures of FAR 12.602 Streamlined Evaluation of Offers. This will be a firm fixed price contract.
EVALUATION CRITERIA. Evaluation of Capability will be based on the information provided in the quotation. Documentation submitted in the quotation shall be evaluated to determine that the proposed equipment meets or exceeds the Governments minimum required specifications.
Failure to clearly and unambiguously demonstrate this will result in an “unacceptable” rating.
FACTOR 1: CAPABILITY APPROACH, Volume 1 FACTOR 2: PAST PERFORMANCE, Volume 2 FACTOR 3: PRICE, Volume 3
FACTOR 1 - CAPABILITY APPROACH (VOL. 1)
a. Capability approach is defined as the vendor’s proposed solution(s) to successfully fulfill the contract requirements.
b. SUBMITTAL REQUIREMENTS. The vendor shall submit Capability Approach and capability documentation which may include a narrative, charts, graphs, tables, drawings, product / service literature, and demonstrated authority to provide the necessary items and perform the required services identified in the specification / statement of work. The documentation shall clearly describe, in sufficient detail, the vendor's authority, proposed items, resources and methods to successfully fulfill the requirements including specifications, performance capability requirements, delivery/installation/removal schedules, warranties, training, travel, all service requirements, and provide information on the use of Sub-contractors per the Request for Quotations.
c. BASIS OF EVALUATION. Evaluation of this factor is a subjective evaluation of the vendor's demonstrated resources, capability, and methods to meet all requirements. The vendor’s submittals will be evaluated to determine whether the proposed capability approach demonstrates a clear and unambiguous understanding and a demonstrated ability to meet the minimum requirements. Failure to demonstrate a clear and unambiguous capability approach to meeting the requirements will result in an “Unacceptable” rating for this factor.
FACTOR 2 - PAST PERFORMANCE (VOL. 2)
a. Past performance is a defined as how well a vendor has performed on meeting recent and relevant requirements in terms of scope, size, and complexity.
b. SUBMITTAL REQUIREMENTS. Provide the following information for a minimum of three companies / organizations / clients which the offer has provided recent and similar services for 64- 128 Computed Tomography (CT) System
a) Company/Organization/Client Name.
b) Address.
c) Brief description of items / services provided.
d) Point of contact.
e) Email and or phone number contact information.
c. BASIS OF EVALUATIONS. The basis of evaluation is a subjective evaluation of how well the Contractor performed on Recent and Relevant contracts regarding the RFQ requirement. Recent is defined as occurring within the past 3 years. Relevant is defined as being 64-128 Computed Tomography (CT) System for a recent effort accomplished by the offeror. Offeror’s will receive a rating of Substantial Confidence, Satisfactory Confidence, Limited Confidence, No Confidence or Unknown Confidence (Neutral). Vendors with an overall neutral past performance will be rated as “Neutral.”
In addition to the above, the Government may review any other sources of information for evaluating past performance. Other sources may include, but are not limited to, past performance information retrieved through CPAR, Federal Awardee Performance and Integrity Information System (FAPIIS) using all CAGE / Unique Identification number of vendor. The Government reserves the right to contact any other source of information that may have knowledge or information on a vendor’s relevant past performance history.
FACTOR 3 - PRICE QUOTE (VOL. 3)
a. SUBMITTAL REQUIREMENTS. Contractors shall submit a quote which will be evaluated for price reasonableness. The offeror shall submit an electronic copy of the completed quote to the Contracting Officer. The offeror shall propose a separate firm-fixed-price, FOB Destination, for each CLIN and options. Quote shall remain valid for a period of 60 calendar days from the date quotations are due.
b. BASIS OF EVALUATION. The quoted price will be evaluated for reasonableness, in relation to the solicitation requirements. Prices must be entirely compatible with the Capability portion of the proposal.
Additional Contract Terms and Conditions are as follows:
1. SYSTEM FOR AWARD MANAGEMENT (SAM) REGISTRATION
In accordance with FAR Clause 52.204-7, the awardee must be registered in System for Award Management (www.sam.gov) prior to award.
The Defense Priorities and Allocations System (DPAS) and assigned rating is not applicable to this acquisition.
END
CLASS DEVIATION 2025-O0003
Effective immediately, the Defense Health Agency is implementing Class Deviation (CD) 2025-O0003, which aligns with Executive Orders 14173 and 14168. As a result, contracting officers will no longer enforce Executive
Order 11246 or related Federal Acquisition Regulation (FAR) and Defense Federal Acquisition Regulation Supplement (DFARS) provisions.
You are hereby notified of the unenforceability of the following clauses which may be contained in this solicitation:
• 52.222-21, Prohibition of Segregated Facilities.
• 52.222-22, Previous Contracts and Compliance Reports.
• 52.222-23, Notice of Requirement for Affirmative Action To Ensure Equal Employment Opportunity for
Construction.
• 52.222-24, Preaward On-Site Equal Opportunity Compliance Evaluation.
• 52.222-25, Affirmative Action Compliance.
• 52.222-26, Equal Opportunity.
• 52.222-27, Affirmative Action Compliance Requirements for Construction.
• 52.222-29, Notification of Visa Denial.
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 6 Months 64-128 Computed Tomography (CT) System
FFP
The contractor shall provide certified personnel with tools, supplies and transportation to set up the mobile unit onsite and remove it at the end of the period of performance. The unit shall be in accordance with the Original Equipment Manufacturer (OEM) specifications. Period of Performance: 2 July 2025 - 2 January 2026.
FOB: Destination W065
NET AMT
0002 Lot Travel
COST
Unit pricing shall be inclusive of all associated costs to perform the work described in this PWS. including travel, per-diem, lodging, transportation, miscellaneous travel expenses, and shipping of contractor tools, supplies, and misc. equipment. Period of Performance: 2 July 2025 - 2 January 2026.
ESTIMATED COST
0003 Months Unscheduled/Unplanned Maintenance
COST
In accordance with the Performance Work Statement (PWS) . Period of Performance: 2 July 2025 - 2 January 2026.
1001 3 Months OPTION Mobile CT Scanner
FFP
The contractor shall provide certified personnel with tools, supplies and transportation to set up the mobile unit onsite and remove it at the end of the period of performance. The unit shall be in accordance with the Original Equipment Manufacturer (OEM) specifications. Period of Performance: 3 January 2026 - 3 April 2026.
1002 Lot OPTION Travel
FFP
Unit pricing shall be inclusive of all associated costs to perform the work described in this PWS. including travel, per-diem, lodging, transportation, miscellaneous travel expenses, and shipping of contractor tools, supplies, and misc. equipment.
Period of Performance: 3 January 2026 - 3 April 2026.
1003 Months OPTION Unscheduled Maintenance
COST
In accordance with the Performance Work Statement (PWS) Unscheduled Maintenance shall not occur until CLIN is fully funded. Period of Performance:
3 January 2026 - 3 April 2026.
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 POP 02-JUL-2025 TO
02-JAN-2026
N/A NAVSTA GUANTANAMO BAY
NAVSTA GUANTANAMO BAY
PSC1005 BOX 110185
FPO AA 34009
HT0446
0002 POP 02-JUL-2025 TO
02-JAN-2026
N/A (SAME AS PREVIOUS LOCATION)
0003 POP 02-JUL-2025 TO
02-JAN-2026
N/A (SAME AS PREVIOUS LOCATION)
1001 POP 03-JAN-2026 TO
03-APR-2026
N/A (SAME AS PREVIOUS LOCATION)
1002 POP 03-JAN-2026 TO
N/A (SAME AS PREVIOUS LOCATION)
1003 POP 03-JAN-2026 TO
N/A (SAME AS PREVIOUS LOCATION)
CLAUSES INCORPORATED BY REFERENCE
52.202-1 Definitions JUN 2020 52.203-6 Restrictions On Subcontractor Sales To The Government JUN 2020 52.203-7 Anti-Kickback Procedures JUN 2020 52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment
NOV 2021
52.204-26 Covered Telecommunications Equipment or Services-- Representation.
OCT 2020
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations
NOV 2015
52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law
FEB 2016
52.212-3 Offeror Representations and Certifications--Commercial Products and Commercial Services
MAY 2024
52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services
NOV 2023
52.216-25 Contract Definitization OCT 2010 52.217-8 Option To Extend Services NOV 1999 52.222-19 Child Labor -- Cooperation with Authorities and Remedies JAN 2025
52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.
JUN 2020
52.229-11 Tax on Certain Foreign Procurements--Notice and Representation
JUN 2020
52.232-1 Payments APR 1984 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.233-3 Protest After Award AUG 1996 52.244-6 Subcontracts for Commercial Products and Commercial
Services
JAN 2025
52.245-1 Government Property SEP 2021 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7005 Representation Relating to Compensation of Former DoD
Officials
SEP 2022
252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors JAN 2023 252.204-7012 Safeguarding Covered Defense Information and Cyber
Incident Reporting
MAY 2024
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support
JAN 2023
252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation
DEC 2019
252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation
MAY 2021
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services
JAN 2023
252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.211-7003 Item Unique Identification and Valuation JAN 2023 252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
DEC 2018
252.232-7010 Levies on Contract Payments DEC 2006 252.244-7000 Subcontracts for Commercial Products or Commercial
Services
NOV 2023
252.246-7008 Sources of Electronic Parts JAN 2023 252.247-7023 Transportation of Supplies by Sea OCT 2024
CLAUSES INCORPORATED BY FULL TEXT
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JAN 2025)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.
113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).
(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).
(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: [Contracting Officer check as appropriate.]
___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).
___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).
___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
___ (4) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community--see FAR 3.900(a).
X (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-
282) (31 U.S.C. 6101 note).
___ (6) [Reserved]
___ (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) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub.
L. 117-328).
X (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders--Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) (Pub. L. 115-390, title II).
X (11)(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders--Prohibition. (DEC 2023) (Pub. L. 115- 390, title II).
___ (ii) Alternate I (DEC 2023) of 52.204-30.
X (12) 52.209-6, Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (JAN 2025) (31 U.S.C. 6101 note).
___ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).
____ (14) [Reserved]
____ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).
____ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
____ (17) [Reserved]
X (18)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).
____ (ii) Alternate I (MAR 2020) of 52.219-6.
____ (19)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).
____ (ii) Alternate I (MAR 2020) of 52.219-7.
____ (20) 52.219-8, Utilization of Small Business Concerns (JAN 2025) (15 U.S.C. 637(d)(2) and (3)).
____ (21)(i) 52.219-9, Small Business Subcontracting Plan (JAN 2025) (15 U.S.C. 637(d)(4)).
____ (ii) Alternate I (NOV 2016) of 52.219-9.
____ (iii) Alternate II (NOV 2016) of 52.219-9.
____ (iv) Alternate III (JUN 2020) of 52.219-9.
____ (v) Alternate IV (JAN 2025) of 52.219-9.
____ (22) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).
____ (ii) Alternate I (MAR 2020) of 52.219-13.
____ (23) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).
____ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).
____ (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C. 657f).
X (26) (i) 52.219-28, Postaward Small Business Program Rerepresentation (JAN 2025) (15 U.S.C. 632(a)(2)).
____ (ii) Alternate I (MAR 2020) of 52.219-28.
____ (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).
____ (28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m)).
____ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).
____ (30) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 637(a)(17)).
X (31) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).
X (32) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2025) (E.O. 13126).
____ (33) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
____ (34)(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).
____ (ii) Alternate I (FEB 1999) of 52.222-26.
____ (35)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).
____ (ii) Alternate I (JUL 2014) of 52.222-35.
____ (36)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).
____ (ii) Alternate I (JUL 2014) of 52.222-36.
X (37) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).
X (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.
13496).
X (39)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).
____ (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
X (40) 52.222-54, Employment Eligibility Verification (JAN 2025) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)
____ (41)(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.)
____ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (MAY 2024) (42 U.S.C. 7671, et seq.).
____ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (MAY 2024) (42 U.S.C. 7671, et seq.).
____ (44) 52.223-20, Aerosols (MAY 2024) (42 U.S.C. 7671, et seq.).
____ (45) 52.223-21, Foams (MAY 2024) (42 U.S.C. 7671, et seq.).
____ (46) 52.223-23, Sustainable Products and Services (MAY 2024) (E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).
____ (47) (i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
____ (ii) Alternate I (JAN 2017) of 52.224-3.
____ (48) (i) 52.225-1, Buy American--Supplies (OCT 2022)) (41 U.S.C. chapter 83).
____ (ii) Alternate I (OCT 2022) of 52.225-1.
____ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (NOV 2023) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
____ (ii) Alternate I [Reserved].
____ (iii) Alternate II (JAN 2025) of 52.225-3.
____ (iv) Alternate III (FEB 2024) of 52.225-3.
____ (v) Alternate IV (OCT 2022) of 52.225-3.
____ (50) 52.225-5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
____ (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
____ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
____ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150).
____ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C.
5150).
____ (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY 2024) (E.O.
13513).
____ (56) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).
____ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C.4505, 10 U.S.C. 3805).
____ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
____ (59) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (OCT 2018) (31 U.S.C. 3332).
____ (60) 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).
____ (61) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).
____ (62) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).
____ (63) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act--Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).
____ (64) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).
____ (65) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C.
55305 and 10 U.S.C. 2631).
____ (ii) Alternate I (APR 2003) of 52.247-64.
____ (iii) Alternate II (NOV 2021) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: [Contracting Officer check as appropriate.]
_____ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).
_____ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C.
chapter 67).
_____ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
_____ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).
_____ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).
_____ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).
_____ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (E.O.
13658).
_____ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).
_____ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).
_____ (10) 52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking (JAN 2025) (49 U.S.C. 40118(g)).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph
(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).
(ii) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712).
(iii) 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)).
(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC…
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