NCI SOW.pdf

1.0 TITLE

Maintenance Services for Government-Owned Leica SP8 WLL2 TAN Laser Scanning Confocal Microscope with Falcon (decal # 01963841, ID # 81-920).

2.0 SCOPE

The Contractor shall provide all labor, material and equipment necessary to maintain and provide preventive maintenance for the government owned Leica SP8 WLL2 TAN Laser Scanning Confocal Microscope with Falcon (decal # 01963841, ID# 81-920). This microscope is used capturing images for basic research in NCI CCR. All maintenance services shall be performed on-site in accordance with the manufacturer’s standard commercial maintenance practices.

3.0 TYPE OF ORDER

This is a firm fixed-price purchase order for services.

The services acquired under this order are severable services. Funds are only available for use for the contract line-item number (CLIN) to which they are obligated. Unused funds from one CLIN or order period may not rollover or otherwise transfer for use in other periods or CLINs

4.0 SPECIAL ORDER REQUIREMENTS

4.1 PREVENTIVE MAINTENANCE

The Contractor shall perform one (1) planned preventive maintenances during each 12-month performance period (e.g., Base Period, Option Period 1). Technically qualified factory-trained personnel shall perform Service. Service shall consist of a thorough cleaning, calibration, adjusting, inspection, and testing of all equipment in accordance with the manufacturer’s latest established service procedures. All equipment shall be operationally tested through at least one

(1) complete operating cycle at the end of the preventive maintenance inspection to assure optimum and efficient performance.

4.2 TECHNICAL SUPPORT & EMERGENCY REPAIR

4.2.1 REMOTE SUPPORT

The Contractor shall provide unlimited remote technical support to the end-user. Technical support shall include diagnosis of the issue encountered by the end-user. If the issue can be corrected remotely, the Contractor shall perform remote corrective maintenance or walk the end-user through any simple adjustments and corrections necessary to resolve the issue. Technical support shall be provided by a certified service engineer or technically qualified factory-trained personnel.

The Contractor shall provide a toll-free telephone number for real-time remote technical support requests. The Contractor shall use its best efforts to respond to all technical support requests submitted via telephone immediately. If the Contractor is unable to respond immediately, the

Contractor shall provide support within one (1) hour after the technical support request call is made by the end-user.

Real-time remote technical support via telephone shall be available during normal business hours, Monday – Friday, 8:00 a.m. – 5:00 p.m. Eastern Standard Time, excluding Federal public holidays as defined by 5 U.S.C. 6103. Information on observed Federal holidays may be located at the OPM website:

https://www.opm.gov/policy-data-oversight/pay-leave/federal-holidays/

In addition to the telephone number, the Contractor shall also provide an e-mail address and/or an online platform for technical support requests.

Remote support shall not replace the need for annual preventative maintenance or for emergency repairs related to instrument failure.

4.2.2 ON-SITE EMERGENCY REPAIRS

The Contractor shall provide unlimited on-site, emergency repair service visits related to instrument failure as needed during the term (e.g. base, option period 1) of this order. All labor and travel for these services shall be included in the fixed price of this order, and no additional costs not included will be accepted under this order.

Emergency services shall be provided during normal business hours, Monday – Friday, 8:00 a.m.

– 5:00 p.m. Eastern Standard Time, excluding Federal public holidays as defined by 5 U.S.C.

6103. Information on observed holidays may be located at the OPM website:

https://www.opm.gov/policy-data-oversight/pay-leave/federal-holidays/

Upon receipt of notice that any part of the equipment is not functioning properly the Contractor shall acknowledge receipt of the notice within one (1) hour and provide an on-site response within a four (4) hours. If a complaint is made outside of normal business hours, the Contractor shall provide an on-site response within four (4) hours from the start of the next business day.

The Contractor shall dispatch a qualified factory-trained service representative to inspect the equipment and perform all repairs and adjustments necessary to restore the equipment to normal and efficient operating condition.

Emergency service calls shall not replace the necessity for planned preventative maintenance.

4.3 REPLACEMENT PARTS

The Contractor shall furnish all required replacement parts at no additional cost to the Government, with the exception of objectives, 3rd party and consumable parts, such as batteries and light bulbs. All other SP8 and WLL2 components shall be fully covered for parts and labor.

Parts shall be new or remanufactured to original equipment specifications. Parts shall be shipped “Overnight” F.O.B. destination to be delivered the next business day after ordering.

https://www.opm.gov/policy-data-oversight/pay-leave/federal-holidays/ https://www.opm.gov/policy-data-oversight/pay-leave/federal-holidays/

4.4 SOFTWARE UPDATES/SERVICE

The Contractor shall provide Software Service and updates in accordance with the manufacturer’s latest established service procedures, to include telephone access to technical support for use of program software and trouble shooting of the operating systems, at no additional cost to the Government. The contractor shall receive advance approval for the installation of all software updates and revisions from the Government. Defective software shall be replaced at no additional cost to the government.

4.5 WARRANTY

The Contractor shall warrant all services will be performed in a workmanlike manner and free of defect, and any replacement parts shall be free from defects in material and workmanship for a period of at least ninety (90) days after performance of the services.

4.6 SERVICE EXCLUSIONS

The Contractor shall not be responsible for any repairs necessitated by abuse, neglect, vandalism, Acts of God, fire or water. These repairs shall be the subject of a separate purchase order and shall not be performed under this contract.

4.7 PERSONNEL QUALIFICATIONS

Technically qualified factory-trained personnel shall perform service to Leica SP8 WLL2 TAN Laser Scanning Confocal Microscope covered by this contract. All primary service personnel shall have at least one backup support person with at least the same level of expertise on the equipment covered by this contract.

5.0 PERIOD OF PERFORMANCE

The base period of performance shall be for twelve (12) months from the effective date of the order, with two (2) 12-month option periods. The anticipated period of performance is:

Base Period: 09/05/2022 – 09/04/2023 Option Period 1: 09/05/2023 – 09/04/2024 Option Period 2: 09/05/2024 – 09/04/2025

6.0 PLACE OF PERFORMANCE

Onsite services shall be performed at the following location:

NIH, NCI, CCR, LCMB

37 Convent Dr

Building 37 Room 2033B2 Bethesda, MD 20892

7.0 DELIVERY AND ACCEPTANCE

Pursuant to Federal Acquisition Regulation (FAR) clause 52.212-4, all work described in the statement of work (SOW) and delivered under this purchase order is subject to final inspection and acceptance by an authorized representative of the Government. The authorized representative for this order is the technical point-of-contact (TPOC).

The technical-point-of-contact shall be established at award.

8.0 REPORTS/DELIVERABLES AND DELIVERY SCHEDULE

A written field service report shall be provided to the technical point-of-contact via e-mail after completion of any preventative maintenance or emergency repair services. This report shall confirm that the instrument is in an operational state. The Contractor shall provide this report electronically no later than five (5) business days following performance of services.

8.1 SPECIAL CONSIDERATIONS REGARDING DELIVERIES AND SERVICES

POTENTIALLY IMPACTED BY THE COVID-19 PANDEMIC

Services outlined in the Statement of Work may be delayed due to conditions related to SARS- CoV-19 (COVID-19). If services provided under this purchase order are impacted by COVID- 19, the Contractor shall provide all services at a different time and date at no additional cost to the Government.

9.0 PAYMENT

Payment shall be made in quarterly arrears. Payment authorization requires submission and approval of invoices to the COR and NIH OFM, in accordance with the payment provisions listed below:

The following clause is applicable to all Purchase Orders, Task or Delivery Orders, and Blanket Purchase Agreement (BPA) Calls: PROMPT PAYMENT (JUL 2013) FAR 52.232-25. Highlights of this clause and NIH implementation requirements follow:

I INVOICE REQUIREMENTS

A. An invoice is the Contractor's bill or written request for payment under the contract for supplies delivered or services performed. A proper invoice is an "Original" which must include the items listed in subdivisions 1 through 12, below, in addition to the requirements of FAR 32.9. If the invoice does not comply with these requirements, the Contractor will be notified of the defect within 7 days after the date the designated billing office received the invoice (3 days for meat, meat food products, or fish, and 5 days for perishable agricultural commodities, dairy products, edible fats or oils) with a statement of the reasons why it is not a proper invoice. (See exceptions under II., below.) Untimely notification will be taken into account in the computation of any interest penalty owed the Contractor.

1. Vendor/Contractor: Name, Address, Point of Contact for the invoice (Name, title, telephone number, e-mail and mailing address of point of contact).

2. Remit-to address (Name and complete mailing address to send payment).

3. Remittance name must match exactly with name on original order/contract. If the

Remittance name differs from the Legal Business Name, then both names must appear on the invoice.

4. Invoice date.

5. Unique invoice #s for all invoices per vendor regardless of site.

6. NBS document number formats must be included for awards created in the NBS:

Contract Number; Purchase Order Number; Task or Delivery Order Number and Source Award Number (e.g., Indefinite Delivery Contract number; General Services Administration number); or, BPA Call Number and BPA Parent Award Number.

7. Unique Entity ID (UEI) as registered in the System for Award Management (SAM).

8. Federal Taxpayer Identification Number (TIN). In those exceptional cases where a contractor does not have a UEI number or TIN, a Vendor Identification Number (VIN) must be referenced on the invoice. The VIN is the number that appears after the contractor’s name on the face page of the award document.

9. Identify that payment is to be made using a three-way match.

10. Description of supplies/services that match the description on the award, by line billed.*

11. Freight or delivery charge must be billed as shown on the award. If it is included in the item price do not bill it separately. If identified in the award as a separate line item, it must be billed separately.

12. Quantity, Unit of Measure, Unit Price, Extended Price of supplies delivered or services performed, as applicable, and that match the line items specified in the award.*

* NOTE: If your invoice must differ from the line items on the award, please contact the Contracting Officer before submitting the invoice. A modification to the order or contract may be needed before the invoice can be submitted and paid.

B. Shipping costs will be reimbursed only if authorized by the Contract/Purchase Order. If authorized, shipping costs must be itemized. Where shipping costs exceed $100, the invoice must be supported by a bill of lading or a paid carrier's receipt.

NIH is using a phased transition approach from the NIH Office of Financial Management (OFM) Electronic Invoice Submission instructions to the Department of Treasury’s Invoice Processing Platform (IPP). The Contractor shall submit invoices to the National Institutes of Health (NIH)/Office of Financial Management (OFM) via email at invoicing@nih.gov with a copy to the approving official, as directed below until the Contractor has been notified of its transition to IPP. The Contractor must follow step-by-step instructions as stated in the NIH/OFM Electronic Invoicing Instructions for NIH Contractors/Vendors, which is included as an attachment on the website at https://oamp.od.nih.gov/DGS/DGS-workform-information/attachment-files. The invoice shall be transmitted as an attachment via email to the address listed above in one of the following formats: Word, or Adobe Portable Document Format (PDF). The Contractor must submit only one invoice per email. Do not submit supporting documentation (e.g., receipts, time sheets, vendor invoices, etc.) with your invoice unless specified elsewhere in the contract or requested by the Contracting Officer.

The Contractor shall submit a copy of the electronic invoice to the following Approving Official

Approving Official:

TBD at award

II. INVOICE PAYMENT

A. Except as indicated in paragraph B., below, the due date for making invoice payments by the designated payment office shall be the later of the following two events:

1. The 30th day after the designated billing office has received a proper invoice.

2. The 30th day after Government acceptance of supplies delivered or services performed.

B. The due date for making invoice payments for meat and meat food products, perishable agricultural commodities, dairy products, and edible fats or oils, shall be in accordance with the Prompt Payment Act, as amended.

III. INTEREST PENALTIES

A. An interest penalty shall be paid automatically, if payment is not made by the due date and the conditions listed below are met, if applicable.

1. A proper invoice was received by the designated billing office.

2. A receiving report or other Government documentation authorizing payment was processed and there was no disagreement over quantity, quality, or contractor compliance with a term or condition.

3. In the case of a final invoice for any balance of funds due the contractor for supplies delivered or services performed, the amount was not subject to further settlement actions between the Government and the Contractor.

B. Determination of interest and penalties due will be made in accordance with the provisions of the Prompt Payment Act, as amended, the Contract Disputes Act, and regulations issued by the Office of Management and Budget.

IV. PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS

SUBCONTRACTORS, FAR 52.232-40 (DEC 2013)

a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.

b) The acceleration of payments under this clause does not provide any new rights under the prompt Payment Act.

Include the substance of this clause, include this paragraph c, in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.