N68908-18-Q-0021.pdf

SEE ADDENDUM

(No Collect Calls)

N6890818Q0021 27-Jul-2018

b. TELEPHONE NUMBER

757-953-3201

8. OFFER DUE DATE/LOCAL TIME

12:00 PM 08 Aug 2018

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.

N689089. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

RAY A. HINMAN

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

N0546A18RC5C022

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

NAVY MEDICINE EAST

ATTN: RAY HINMAN

SUITE 1400

620 JOHN PAUL JONES CIRCLE

PORTSMOUTH VA 23708-2106

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 N0546A 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

NEPMU-5/CIHL SAN DIEGO

JESUS P. MAZA

3235 ALBACORE ALLEY

NAVAL BASE

SAN DIEGO CA 92136-5199

TEL: 619-556-1397 FAX: 619-556-1492

FAX:

TEL: 757-953-3201 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

1,000

NAICS:

325120

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)

PAGE 2 OF29

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.

N6890818Q0021

Section SF 1449 - CONTINUATION SHEET

INFORMATION SHEET

THIS IS SMALL BUSINESS SET A‐SIDE SOLICITATION

ALL INTERESTED VENDORS MUST BE REGISTERED IN www.sams.gov

ALL VENDORS MUST COMPLETE AND SUBMIT THE BELOW INFORMATION

VENDOR NAME: _____________________________________________

CAGE CODE: _____________________

DUNS NUMBER: _____________________

EIN/TIN: _____________________

VENDOR POC: _____________________________________________

PHONE: _____________________

EMAIL: _____________________

GSA SCHEDULE NO: _____________________

EXPIRE DATE: _____________________

MIN/MAX: _____________________

NOTE: VENDORS ARE TO SUBMIT COPY OF SCHDULE WITH LINE ITEM HIGHLIGHTED

PRODUCT/SERVICES FOR: NEPMU‐5/CIHL SAN DIEGO, CA.

NAVY MEDICINE EAST CONTRACTING OFFICE

POC: RAY HINMAN, CONTRACT SPECIALIST

PHONE: 757‐953‐3201

EMAIL: ray.a.hinman.civ@mail.mil

NOTE: Vendor is required to provide billing electronically via the WAWF Electronic Invoicing method. For additional information, a review of the following web sites may be required:

https://wawf.eb.mil http://wawftraining

Prompt Payment: For Prompt Payment Act Purposes, this contract is: Subject to the 7‐ Calender Day Constructive Acceptance Period. Payment in Arrears.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 12 Months Monthly Medical Gas Services

FFP

BASE YEAR: (9/01/2018 - 8/31/2019)

Please see the below table and Statement of Work for Monthly Gas Services for Navy Marine Corps Public Helath. Please provide a quote that is inclusive of all costs.

FOB: Destination

MILSTRIP: N0546A18RC5C022

PURCHASE REQUEST NUMBER: N0546A18RC5C022

PSC CD: J065

NET AMT

FY18 SECTION B

PRODUCT: PART# PRICE QUANTITY TOTAL

Argon, Liquid, 180 liter 230 liter

Helium, ultra high purity, 200 cd cylinder

Hydrogen, ultra high purity, 200cd cylinder

Nitrogen, ultra high purity, 200cd cylinder

Nitrogen, liquid, 180 liter 75 psi

Oxygen, high purity, 200 cf cylinder

Delivery Pick-up fee

1001 12 Months OPTION Monthly Medical Gas Services

FFP

OPTION YEAR 1: (9/01/2019 - 8/31/2020)

Please see the below table and Statement of Work for Monthly Gas Services for Navy Marine Corps Public Helath. Please provide a quote that is inclusive of all costs.

FOB: Destination

FY19 SECTION B

Argon, Liquid, 180 liter 230 liter

Helium, ultra high purity, 200 cd cylinder

Hydrogen, ultra high purity, 200cd cylinder

Nitrogen, ultra high purity, 200cd cylinder

Nitrogen, liquid, 180 liter 75 psi

Oxygen, high purity, 200 cf cylinder

Delivery Pick-up

2001 12 Months OPTION Monthly Medical Gas Services

FFP

OPTION YEAR 2: (9/01/2020 - 8/31/2021)

Please see the below table and Statement of Work for Monthly Gas Services for Navy Marine Corps Public Helath. Please provide a quote that is inclusive of all costs.

FY20 SECTION B

Argon, Liquid, 180 liter 230 liter

Helium, ultra high purity, 200 cd cylinder

Hydrogen, ultra high purity, 200cd cylinder

Nitrogen, ultra high purity, 200cd cylinder

Nitrogen, liquid, 180 liter 75 psi

Oxygen, high purity, 200 cf cylinder

Delivery Pick-up

3001 12 Months OPTION Monthly Medical Gas Services

FFP

OPTION YEAR 3: (9/01/2021 - 8/31/2022)

Please see the below table and Statement of Work for Monthly Gas Services for Navy Marine Corps Public Helath. Please provide a quote that is inclusive of all costs.

FY21 SECTION B

Argon, Liquid, 180 liter 230 liter

Helium, ultra high purity, 200 cd cylinder

Hydrogen, ultra high purity, 200cd cylinder

Nitrogen, ultra high purity, 200cd cylinder

Nitrogen, liquid, 180 liter 75 psi

Oxygen, high purity, 200 cf cylinder

Delivery Pick-up

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 1001 Destination Government Destination Government

2001 Destination Government Destination Government 3001 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-SEP-2018 TO

31-AUG-2019

N/A NEPMU-5/CIHL SAN DIEGO

JESUS P. MAZA

3235 ALBACORE ALLEY

NAVAL BASE

SAN DIEGO CA 92136-5199

619-556-1397

N0546A

1001 POP 01-SEP-2019 TO

31-AUG-2020

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 01-SEP-2020 TO

31-AUG-2021

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 01-SEP-2021 TO

31-AUG-2022

N/A (SAME AS PREVIOUS LOCATION)

STATEMENT OF WORK

Statement of Work Annual Gases Supply for the following:

Element Type Quantity Frequency Argon (liquid) 180L, 230 psi Dewar 1 Biweekly Nitrogen (liquid) 180L, 75 psi Dewar 1 Biweekly Helium (gas) 200 cubic feet Cylinder 3 Biweekly Hydrogen (gas) 200 cubic feet Cylinder 2 Biweekly Nitrogen (gas) 200 cubic feet Cylinder 2 Biweekly Oxygen (gas) 200 cubic feet Cylinder 1 Annually

1. Argon, Liquid

2. Helium, UHP

3. Hydrogen, UHP

4. Nitrogen, UHP

5. Nitrogen, Liquid

Part# CC ARI 80-230 Part# CC HEUHP-200 Part# CC HYUHP-200 Part# CC NIUHP-200 Part# CC NI180-230

GENERAL REQUIREMENTS:

The effort required hereunder should be performed in accordance with Statement of work .and in accordance with all other terms and conditions set forth herein.

The contractor shall provide all services, materials and equipment necessary for the pickup and delivery of all cylinders and/or dewars used in the Ion Chromatographs, Graphite Furnace Atomic· Absorption, Gas Chromatography, High Performance Liquid Chromatography located in the Comprehensive Industrial Hygiene Laboratory CIHL), Naval Station, at the Navy and Marine Public Health Center, (NMCPHC) San Diego, CA 92136, to ensure dependable and reliable operation of the instrumentation. The scope of work performed under these specifications includes to provide pick up services of empty cylinders and/or dewars and delivery of these filled as need may be by the laboratory to assure continued operation at their designed efficiency and capacity.

INSPECTION shall include verifying installation and hook up, adjustments and installation of all necessary cylinders and/or dewars.

THE CONTRACTOR SHALL PERFORM THE FOLLOWING FUNCTIONS:

1. Perform routine and emergency (as available or accessible) pick-up and delivery as needed.

2. Insure that only FULLY QUALIFIED TECHNICIANS shall be employed in the performance of any and all work performed under this contract. The highest standard of professional capability and workmanship is to be maintained throughout the life of this contract.

3. Make adjustments to the extent necessary (as determined by inspection tests) to ensure functional operation that will efficiently serve its intended purpose.

4. Correct inoperable condition in a timely manner including service response time of no later than

(48) forty-eight hours after telephone notification, to a daytime 8 hour, 365 day, monitored contractor telephone number to be provided by the contractor, to the Consolidated Industrial Hygiene Laboratory and the Purchasing Division immediately upon contract award.

5. Provide only the necessary work to restore the operating condition by replacement or adjustment when it is determined necessary.

6. Extend to the Government all commercial warranties on replacement parts, consistent with standard industry practices.

CONTRACT LENGTH: The contract agreement will be for a period of one year (12 months) from the designated start date.

SPECIAL CONDITIONS:

TITLE TO EQUIPMENT: The contractor will not assume possession or control of any part of the equipment. The Government retains ownership to title thereof

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

6. UTILITIES: The contractor may use Government utilities that are available and required for any service performed under this contract.

7. ACCESS TO EQUIPMENT: Contractor personnel shall first report to the Laboratory Director, CIHL, or his designated representative, prior to commencement of any work under this contract.

The contractor will be free to start and stop all primary equipment incidentals to the operation of the maintained equipment after permission is received from Laboratory Director, CilIL, or his designated representative, responsible for such equipment.

GOVERNMENT PERSONNEL:

Comprehensive Industrial Hygiene Laboratory ofNMCPHC employees will not perform maintenance or attempt repairs to equipment while such equipment is under the purview of this contract unless agreed to in writing by the contractor:

PARTS AVAILABILITY:

To ensure minimal downtime to equipment, the contractor shall maintain replacement parts and materials necessary to perform each task or supply said parts and materials within two (2) days.

COMPENSATION:

• Labor: All compensation for labor is included in the contract price.

• Parts & Material: All compensation for parts, and travel time is included in the contract price.

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

THE FOLLOWING SERVICE IS TO BE PROVIDED AT THE FOLLOWING LOCATION

IN THE COMPREHENSIVE INDUSTRIAL HYGIENE LABORATORY DEPARTMENT,

NAVY AND MARINE CORPS PUBLIC HEALTH CENTER, Building #3235, NAVAL

BASE, SAN DIEGO, CA 92136.

BUILDING PHONE NO: FAX:

POINT OF CONTACT: PHONE:

QASP

QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

1. PURPOSE

This quality assurance surveillance plan (QASP) provides systematic quality assurance methods to evaluate performance and ensure the Government receives the quality of service in the contract. This QASP explains a means for evaluating the contractor as to the performance, standards, and quality provided by the contractor.

2. SCOPE

This QASP does not detail how the contractor accomplishes the work. The contractor is responsible for the management and the quality control actions necessary to meet the terms of the contract. The QASP is put in place to provide the Government oversight of the contractor’s quality control efforts to ensure that the contractor delivers is performed in a timely manner, effectively and delivers the results specified in the contract.

3. GOVERNMENT ROLES & RESPONSIBILITIES

The following personnel shall oversee and coordinate surveillance activities:

Contracting Officer – The contracting officer shall ensure performance of all necessary actions for effective contracting, ensure compliance with the contract terms, and shall safeguard the interests of the Government in the contractual relationship. The contracting officer receives impartial, fair, and equitable treatment under this contract. The contracting officer is ultimately responsible for the final determinations of the adequacy of the contractor’s performance.

Contracting Officer Representative (COR) – The COR is responsible for technical administration of the contract and shall assure proper Government surveillance of the contractor’s performance. The COR shall keep a quality assurance file. At the conclusion of the contract or when requested by the contracting officer, the COR shall provide documentation. The COR is not empowered to make any contractual commitments or to authorize any contractual changes on the Government’s behalf. The contractor shall refer any changes they deem may affect contract price, terms, or conditions to the contracting officer for action.

4. PERFORMANCE STANDARDS

Performance will be measured in accordance with the following table:

Performance Standard

Performance Requirement

Performance Measurement

Frequency of surveillance

Acceptable Criteria

Contract Deliverables

Contract deliverables shall be furnished as prescribed in the SOW or other related documents

Inspection by the COR at the time of delivery & time of usage

100% inspection of all deliverables

100% accuracy of deliverable submitted timely & without required rework

Contract Quality

Contract deliverables shall be of high quality and meet purity standards as prescribed in the SOW or other related documentation

Inspection by the COR of all deliverables

100% inspection of all deliverables

All deliverables must meet quality and purity standards at all times

Contract Deliverables Timeliness

Contract deliverables shall be received in a timely manner without delay

Assessed by COR from the time of request delivery to the time of delivery (entire process)

100% inspection throughout the scheduling and delivering process

All deliveries must meet scheduled times

Quality of Customer Service Response

Customer services provided by contracted shall be accessible, timely & accurate

Assessed by COR in the accuracy of deliverables, timeliness and accessibility

Monthly reports can be generated when customer service does not meet standards

All customer services related inquiries will be review

Invoicing

Invoice of deliverables shall be provided at the time of delivery

Review of invoice’s accuracy and acceptance will be done by COR

At every delivery

100% accurate

Overall Contract

Performance

Overall contract performance of sufficient quality

Assessed by

COR

throughout the entire duration of the contract

Annually (quarterly when necessary)

All performance must be of high standards and quality

5. METHOD OF QA SURVEILLANCE

Direct Observation – Direct observation of deliverables shall be performed periodically or 100% surveillance from which complains may be generated and must be made clearly and in writing the detailed nature of the complaint, must be signed and be forwarded to the COR.

Customer Feedback – Customer feedback may be obtained either from the results of formal customer satisfaction surveys or from random customer complaints.

The contractor is expected to establish and maintain professional communication with the Government. The respective user shall identify deficiencies promptly and report to COR. Complains shall be investigated and recorded in writing by the COR and forwarded to the contracting officer with specific detail of deficiency particularly applicable to quality and purity standards.

Inspection – All outputs must be evaluated of all deliverables by the respective user of its quality and purity standards. Stringent requirements such as safety, security, etc., must be followed by contractor when applicable. Any deviations must be recorded in writing, investigated by the COR and forward to the contracting officer.

Performance Standards – The metrics stated in the table above, section 4, must be evaluated at a minimum quarterly by the COR to ensure performance standards of all deliverables are acceptable. Deficiencies noted must be forwarded to the contracting officer.

6. RATINGS

Standard of measurements determine if performance exceeds, meets, or does not meet the acceptable standards level expected. The following rating shall be used:

EXCEPTIONAL Performance significantly exceeds contract requirements where the contractor provides deliverables at a faster rate than expected, with outstanding quality of purity and standards of deliverables, and exceeding customer services

SATISFACTORY Performance meets contractual requirements as stated in the SOW or other related documentation

UNSATISFACTORY Performance does not meet contractual requirements by supplying less than high quality deliverables, unable to track essential deliverables, unsuitable turn-around-times of deliverables, unresponsive or unsatisfactory customer service

7. DOCUMENTING PERFORMANCE

Documentation must be accurate and through for both satisfactory and unsatisfactory performance. The COR will maintain a complete record of all reports, evaluations, recommendations, and any actions related to the quality assurance of contract. The COR will forward all records and documentation to the contracting officer at completion or termination of contract.

CAP

CONTRACT ADMINISTRATION PLAN (CAP)

1. PURPOSE

The contract administration plan (CAP) provides documentation on how contractor and Government will remain in compliance with the terms of the contract throughout the length of the agreement.

2. SCOPE

The CAP outlines the responsibilities of the designated parties and a systematic plan to ensure the contractor delivers the services and supplies underlined in the contract with high quality deliverables and exceptional customer service.

3. RESPONIBILITIES

Contracting Officer – The contracting officer is responsible for matters specified in the contract to verify such specifications are carried out.

Procurement Officer – The procurement officer is responsible for acquirement of the deliverables.

Paying Officer – The paying officer is responsible for making the proper payments in a timely manner of all invoices received.

Contracting Officer Representative – The contracting officer representative is responsible for the interface with the contractor and performance of duties.

4. COMMUNICATION PLAN

Communication is critical to the success of the contract. Communication must be timely, constructive and include relevant feedback. A variety of communication methods such email, reports, telephonic conversation, etc., can be used. Communication can be formal or informal. Delays of deliverables must be communicated to the Government immediately and a plan for accommodation must be provided. Customer services inquiries made by the Government must be addressed in a timely manner.

5. SCHEDULE

The contractor shall communicate projected scheduling conflicts prior to causing delays of deliverables. The following table specify the minimum needs of deliverables of the Government:

Element Type Quantity Frequency Argon (liquid) 180L, 230 psi Dewar 1 Biweekly Nitrogen (liquid) 180L, 75 psi Dewar 1 Biweekly Helium (gas) 200 cubic feet Cylinder 3 Biweekly Hydrogen (gas) 200 cubic feet Cylinder 2 Biweekly Nitrogen (gas) 200 cubic feet Cylinder 2 Biweekly Oxygen (gas) 200 cubic feet Cylinder 1 Annually

6. MANAGEMENT PLAN

It is the responsibility of the contractor to have a plan in place to manage the deliverable to include the identification of risks and determining how to manage and/or eliminate such risk. Any risk that will delay deliverables will not be acceptable.

7. PERFORMANCE PLAN

The contracting officer representative will monitor the contractor’s performance under the contract to ensure deliverables, quality of deliverables, timelines of services to include customer service, invoicing and overall performance throughout the timeframe of the contract.

8. CONTRACT CLOSEOUT

Processes used to ensure fulfillment of the contact requirements at closeout shall be prescribed by the contracting officer.

CLAUSES INCORPORATED BY REFERENCE

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2016

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation

NOV 2015

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

OCT 2015

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 and Federal Law

FEB 2016

52.212-1 Instructions to Offerors--Commercial Items JAN 2017 52.212-3 Offeror Representations and Certifications--Commercial

Items

NOV 2017

52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017 52.212-5 (Dev) Contract Terms and Conditions Required to Implement

Statutes or Executive Orders--Commercial Items (Deviation 2013-O0019)

NOV 2017

52.222-3 Convict Labor JUN 2003 52.222-19 Child Labor -- Cooperation with Authorities and Remedies OCT 2016 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-50 Combating Trafficking in Persons MAR 2015 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.232-33 Payment by Electronic Funds Transfer--System for Award Management

JUL 2013

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

DEC 2013

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 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 SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

OCT 2016

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7000 Buy American--Balance Of Payments Program Certificate--

Basic (Nov 2014)

NOV 2014

252.225-7001 Buy American And Balance Of Payments Program-- Basic (Dec 2016)

DEC 2016

252.225-7002 Qualifying Country Sources As Subcontractors DEC 2016 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JUN 2013

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.246-7008 Sources of Electronic Parts OCT 2016

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

Award will be made using Lowest Price Technically Acceptable (LPTA) evaluation criteria. Award will be made to the offeror that proposes the lowest priced offer with a technically acceptable approach. Technical acceptability will be determined through an evaluation of the offeror’s technical proposal. In addition, offerors must possess a record of acceptable past performance. In the event that two offerors propose the same price and are both deemed technically acceptable, the award will be made to the offeror with the highest rated past performance.

Except for communications conducted for the purpose of minor clarification, the Government intends to evaluate proposals and award a contract without discussions. Therefore, each initial offer should contain the offeror's best terms from a technical and price standpoint. However, the Government reserves the right to conduct discussions if it is later determined by the Contracting Officer to be necessary.

Evaluation Factors. The following factors will be evaluated:

Factor 1. Technical Merit. Technical merit ratings reflect the Government’s confidence in each offeror’s ability, as demonstrated in its proposal, to perform the requirements stated in the solicitation. In evaluating the proposal risk, the Government will make an independent judgment of the probability of success, the impact of failure and the alternatives available to meet the requirements.

1. Technical Merit shall be based on:

a. The contractor shall demonstrate in their technical proposal that they are capable of performing all regularly scheduled gas services for all cylinders including materials, and equipment as specified in the first paragraph of the Statement of Work.

b. The contractor shall demonstrate in their technical proposal that work will be performed all work in accordance with OEM standards and prime or subcontractor shall possess OEM certificate level training as specified in SOW.

2. Page Limitation: The Technical Proposal shall be limited to no more than 5 pages. All copies that exceed the set page limitation shall be removed and not evaluated.

The following adjectival ratings will be used in evaluating each offeror’s technical proposal.

Technical Acceptable/Unacceptable Ratings Rating Description Acceptable Proposal clearly meets the minimum requirements of the solicitation.

Unacceptable Proposal does not clearly meet the minimum requirements of the solicitation.

Note: To receive consideration for award, a rating of acceptable must be achieved in all technical factors.

FACTOR 2. Past Performance. The offeror’s performance will be rated in terms of acceptability. A performance rating of acceptable or unacceptable will be assigned dependent upon the evaluator’s assessment of the level of confidence in the offeror’s performance record. Past Performance will be evaluated based on assessments of the performance under current and prior contracts for the last five years. The offeror is to submit 3 past performance surveys on the attached Past Performance Questionnaire.

The information which will be used for evaluation will be obtained from the Past Performance Questionnaires submitted, Past Performance Information Retrieval System (PPIRS) www.ppirs.gov, FAPIIS, CPAR, and any other sources. The Government may reject a proposal if it is found that any information that has a negative impact on the offeror’s past performance record has been deleted, misrepresented, or withheld. Past performance surveys should be based upon performance of like services to those in this solicitation.

If adverse past and present performance information is obtained, the respective point of contact may be contacted to obtain additional information about the circumstances surrounding the situation. Offerors will be given an opportunity to address unfavorable reports of past and present performance to which the offeror has not had a previous opportunity to respond. The offeror's response, or lack thereof, will be taken into consideration.

The following adjectival ratings will be used in evaluating each offeror’s past performance proposal.

Past Performance Evaluation Ratings Rating Description

Acceptable Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort.

Unacceptable Based on the offeror’s performance record, the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort.

Unknown The offeror’s performance record is unknown. (See note below.)

Note: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a)(2)(iv)). Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable.”

FACTOR 3. Price.

The purpose of the price factor is to determine if the proposed price is fair and reasonable. In no event will the Government make an award against an offer that the Government does not find to be fair and reasonably priced.

The pricing criteria used for evaluation are completeness, price reasonableness, and Total Evaluated Price (TEP).

Completeness - The Government will review the pricing submissions for completeness and compliance with FAR 52.212-1 of this solicitation. Incomplete price submissions may not be evaluated and the quotation may be eliminated from the competition.

Price Reasonableness - The offerors price proposal will be evaluated using one or more of the techniques defined in FAR 13.106-3(a). Generally, adequate price competition will satisfy the criteria of price reasonableness.

Total Evaluated Price (TEP) - The TEP will be calculated as the sum of the offeror's proposed prices, Price Exhibits 1-4, for the base year and all option years, and prices for the six month period covered by FAR clause 52.217-8, Option to Extend Services. All unit prices that comprise the TEP are contractually binding. An omitted price may result in proposal elimination.

The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. To account for the option period(s) possible under Clause 52.217-8 (maximum six months), Option to Extend Services, the Government will take the price for all CLINs of the final option period, prorate it to a six-month value, and add it to the sum of all CLINs (base plus all option periods). This amount will be the total evaluated price. Offerors shall not submit a price for the potential six (6) month extension of services period. The Government may choose to exercise the Extension of Services option at the end of any performance period (base or option periods), utilizing the rates of the current performance period. 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 options.

(End of provision)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 10 DAYS.

(End of clause)

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 10 DAYS provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 10 DAYS before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 48 MONTHS (End of clause)

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):

FAR Clauses http://acquisition.gov/far/ DFAR Clauses http://www.acq.osd.mil/dpap/dars/dfars/index.htm

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)

(a) Definitions. As used in this clause--

Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.

Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall--

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use the following document type(s).

INVOICE AND RECEIVING REPORT COMBO

(Contracting Officer: Insert applicable document type(s). Note: If a “Combo” document type is identified but not supportable by the Contractor's business systems, an “Invoice” (stand-alone) and “Receiving Report” (stand-alone) document type may be used instead.)

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.

DESTINATION / DESTINATION

(Contracting Officer: Insert inspection and acceptance locations or “Not applicable”.)

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table* Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC HQ0248 Issue By DoDAAC N68908 Admin DoDAAC N68908 Inspect By DoDAAC ____ Ship To Code N68591 Ship From Code ____ Mark For Code ____ Service Approver (DoDAAC) ____ Service Acceptor (DoDAAC) ____ Accept at Other DoDAAC ____ LPO DoDAAC N68591 DCAA Auditor DoDAAC ____ Other DoDAAC(s) ____

(*Contracting Officer: Insert applicable DoDAAC information or “See schedule” if multiple ship to/acceptance locations apply, or “Not applicable.”)

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(5) WAWF email notifications. The Contractor shall enter the email address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.

darlene.knight@mail.mil (Contracting Officer: Insert applicable email addresses or “Not applicable.”)

(g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

usn.detrick.navmedlogcomftdmd.list.nmlc-wawf@mail.mil

(Contracting Officer: Insert applicable information or “Not applicable.”)

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

PRIVACY & SECURITY

PRIVACY AND SECURITY OF PROTECTED HEALTH INFORMATION

1. Introduction

In accordance with DoD 6025.18-R “Department of Defense Health Information Privacy Regulation,” January 24, 2003, the Contractor meets the definition of Business Associate. Therefore, a Business Associate Agreement is required to comply with both the Health Insurance Portability and Accountability Act (HIPAA) Privacy and Security regulations. This clause serves as that agreement whereby the Business Associate agrees to abide by all applicable HIPAA Privacy and Security requirements regarding health information as defined in this clause, and in DoD 6025.18-R and DoD 8580.02, as amended. Additional requirements will be addressed when implemented.

a. Definitions. As used in this clause generally refer to the Code of Federal Regulations (CFR) definition unless a more specific provision exists in DoD 6025.18-R or DoD 8580.02.

(1) HITECH Act shall mean the Health Information Technology for Economic and Clinical Health Act included in the American Recovery and Reinvestment Act of 2009.

(2) Individual has the same meaning as the term “individual” in 45 CFR 160.103 and shall include a person who qualifies as a personal representative in accordance with 45 CFR 164.502(g).

(3) Privacy Rule means the Standards for Privacy of Individually Identifiable Health Information at 45 CFR part 160 and part 164, subparts A and E.

(4) Protected Health Information has the same meaning as the term “protected health information” in 45 CFR 160.103, limited to the information created or received by the Business Associate from or on behalf of the Government pursuant to the Contract.

(5) Electronic Protected Health Information has the same meaning as the term “electronic protected health information” in 45 CFR 160.103.

(6) Required by Law has the same meaning as the term “required by law” in 45 CFR 164.103.

(7) Secretary means the Secretary of the Department of Health and Human Services or his/her designee.

(8) Security Incident will have the same meaning as the term “security incident” in 45 CFR 164.304, limited to the information created or received by Business Associate from or on behalf of Covered Entity.

(9) Security Rule means the Health Insurance Reform: Security Standards at 45 CFR part 160, 162 and part 164, subpart C.

(10) Terms used, but not otherwise defined, in this Clause shall have the same meaning as those terms in 45 CFR 160.103, 160.502, 164.103, 164.304, and 164.501.

b. The Business Associate shall not use or further disclose Protected Health Information other than as permitted or required by the Contract or as Required by Law.

c. The Business Associate shall use appropriate safeguards to maintain the privacy of the Protected Health Information and to prevent use or disclosure of the Protected Health Information other than as provided for by this Contract.

d. The HIPAA Security administrative, physical, and technical safeguards in 45 CFR 164.308, 164.310, and 164.312, and the requirements for policies and procedures and documentation in 45 CFR 164.316 shall apply to Business Associate. The additional requirements of Title XIII of the HITECH Act that relate to the security and that are made applicable with respect to covered entities shall also be applicable to Business Associate. The Business Associate agrees to use administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the electronic protected health information that it creates, receives, maintains, or transmits in the execution of this Contract.

e. The Business Associate shall, at their own expense, take action to mitigate, to the extent practicable, any harmful effect that is known to the Business Associate of a use or disclosure of Protected Health Information by the Business Associate in violation of the requirements of this Clause. These mitigation actions will include as a minimum those listed in the TMA Breach Notification Standard Operating Procedure (SOP), which is available at:

http://www.tricare.mil/tmaprivacy/breach.cfm

f. The Business Associate shall report to the Government any security incident involving protected health information of which it becomes aware.

g. The Business Associate shall report to the Government any use or disclosure of the Protected Health Information not provided for by this Contract of which the Business Associate becomes aware.

h. The Business Associate shall ensure that any agent, including a sub Business Associate, to whom it provides Protected Health Information received from, or created or received by the Business Associate, on behalf of the Government, agrees to the same restrictions and conditions that apply through this Contract to the Business Associate with respect to such information.

i. The Business Associate shall ensure that any agent, including a subBusiness Associate, to whom it provides electronic Protected Health Information, agrees to implement reasonable and appropriate safeguards to protect it.

j. The Business Associate shall provide access, at the request of the Government, and in the time and manner reasonably designated by the Government to Protected Health Information in a Designated Record Set, to the Government or, as directed by the Government, to an Individual in order to meet the requirements under 45 CFR 164.524.

k. The Business Associate shall make any amendment(s) to Protected Health Information in a Designated Record Set that the Government directs or agrees to pursuant to 45 CFR 164.526 at the request of the Government, and in the time and manner reasonably designated by the Government.

l. The Business Associate shall make internal practices, books, and records relating to the use and disclosure of Protected Health Information received from, or created or received by the Business Associate, on behalf of the Government, available to the Government, or at the request of the Government to the Secretary, in a time and manner reasonably designated by the Government or the Secretary, for purposes of the Secretary determining the Government’s compliance with the Privacy Rule.

m. The Business Associate shall document such disclosures of Protected Health Information and information related to such disclosures as would be required for the Government to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR 164.528.

n. The Business Associate shall provide to the Government or an Individual, in time and manner reasonably designated by the Government, information collected in accordance with this Clause of the Contract, to permit the Government to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR 164.528.

2. General Use and Disclosure Provisions

Except as otherwise limited in this Clause, the Business Associate may use or disclose Protected Health Information on behalf of, or to provide services to, the Government for treatment, payment, or healthcare operations purposes, in accordance with the specific use and disclosure provisions below, if such use or disclosure of Protected Health Information would not violate the HIPAA Privacy Rule, the HIPAA Security Rule, DoD 6025.18-R or DoD 8580.02 if done by the Government. The additional requirements of Title XIII of the HITECH Act that relate to privacy and that are made applicable with respect to covered entities shall also be applicable to Business Associate.

3. Specific Use and Disclosure Provisions

a. Except as otherwise limited in this Clause, the Business Associate may use Protected Health Information for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate.

b. Except as otherwise limited in this Clause, the Business Associate may disclose Protected Health Information for the proper management and administration of the Business Associate, provided that disclosures are required by law, or the Business Associate obtains reasonable assurances from the person to whom the information is disclosed that it will remain confidential and used or further disclosed only as required by law or for the purpose for which it was disclosed to the person, and the person notifies the Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached.

c. Except as otherwise limited in this Clause, the Business Associate may use Protected Health Information to provide Data Aggregation services to the Government as permitted by 45 CFR 164.504(e)(2)(i)(B).

d. Business Associate may use Protected Health Information to report violations of law to appropriate Federal and State authorities, consistent with 45 CFR 164.502(j)(1).

4. Obligations of the Government

Provisions for the Government to Inform the Business Associate of Privacy Practices and Restrictions

a. The Government shall provide the Business Associate with the notice of privacy practices that the Government produces in accordance with 45 CFR 164.520.

b. The Government shall provide the Business Associate with any changes in, or revocation of, permission by Individual to use or disclose Protected Health Information, if such changes affect the Business Associate’s permitted or required uses and disclosures.

c. The Government shall notify the Business Associate of any restriction to the use or disclosure of Protected Health Information that the Government has agreed to in accordance with 45 CFR 164.522.

5. Permissible Requests by the Government

The Government shall not request the Business Associate to use or disclose Protected Health Information in any manner that would not be permissible under the HIPAA Privacy Rule, the HIPAA Security Rule, or any applicable Government regulations (including without limitation, DoD 6025.18-R and DoD 8580.02) if done by the Government, except for providing Data Aggregation services to the Government and for management and administrative activities of the Business Associate as otherwise permitted by this clause.

6. Termination

a. Termination. A breach by the Business Associate of this clause, may subject the Business Associate to termination under any applicable default or termination provision of this Contract.

b. Effect of Termination.

(1) If this contract has records management requirements, the records subject to the Clause should be handled in accordance with the records management requirements. If this contract does not have records management requirements, the records should be handled in accordance with paragraphs (2) and (3) below

(2) If this contract does not have records management requirements, except as provided in paragraph (3) of this section, upon termination of this Contract, for any reason, the Business Associate shall return or destroy all Protected Health Information received from the Government, or created or received by the Business Associate on behalf of the Government. This provision shall apply to Protected Health Information that agents of the Business Associate may come in contact. The Business Associate shall retain no copies of the Protected Health Information.

(3) If this contract does not have records management provisions and the Business Associate determines that returning or destroying the Protected Health Information is infeasible, the Business Associate shall provide to the Government notification of the conditions that make return or destruction infeasible.