RFQ-20-132-Fitness Equipment.pdf

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Fitness Equipment/Maintenance Services - Great Plains Area Drug Dependency Unit, Winnebago, Nebraska
Solicitation number
RFQ-20-132
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A. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice, FAR Part 12, Acquisition of Commercial Items (Title VIII of the Federal Acquisition Streamlining Act of 1994) (Public Law 103-355).

This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

B. The Great Plains Area Indian Health Service (IHS) intends to award a Firm-Fixed Price, Commercial Item, Purchase Order in response to Request for Quote (RFQ) RFQ-20-132.

C. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2020-08.

D. This RFQ is issued as 100% Small Business, and the associated NAICS Code is 451110, which has a small business standard of $16.5 million.

E. The quoted unit pricing must be all inclusive (to include but not be limited to travel, lodging, per diem, fringe benefits, federal, state and local taxes) plus all other costs pertinent to the performance of this contract. Utilize your most competitive and reasonable rates.

Complete the attached Price Schedule for:

1. Base Year - Date of Award for One Year – Equipment/Maintenance Services – Total Dollar Amount $ _____________

2. Option Year One – Maintenance Services Only - Total Dollar Amount $ _____________

3. Option Year Two – Maintenance Services Only - Total Dollar Amount $ _____________

F. To provide Exercise Equipment/Maintenance Services.

G. To be provided for the Great Plains Area Indian Health Service (GPAIHS), Drug Dependency Unit, HWY 75/77, Winnebago, Nebraska. See Description/Specifications/Work Statement. The period of performance will be 60 Days from Date of Award

H. FAR 52.212-1 Instructions to Offerors-Commercial Items (June 2020).

Quotes shall be submitted on company letterhead stationery, signed, dated and it shall include:

1. Solicitation number RFQ-20-132.

2. Closing Date: August 26, 2020 at 12:00 pm CST.

3. Name, address and telephone number of company and email address of contact person.

4. Technical description of the item/service being offered in sufficient detail to evaluate compliance with the requirements of the solicitation. This may include product literature, or other documents, if necessary.

5. Terms of any express warranty.

6. Price and any discount terms.

7. “Remit to” address, if different than mailing address.

8. A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically).

9. Acknowledgment of Solicitation Amendments (if any issued)

10. Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information).

11. A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation.

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

I. Basis of award is Lowest Price, Technically Acceptable “LPTA” factors determining the successful contractor. 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 13.106-2 Evaluation of quotations or offers. Offers will be evaluated for acceptability, but not ranked using the non-price factors/sub-factors. All non-price factors and sub-factors will be rated as either “acceptable” or “unacceptable”. The Government intends to evaluate and make award without discussion with the offerors other than minor clarifications, unless discussions are determined to be necessary. A decision on the technical acceptability of each offeror’s quotations will be made. For those offeror’s which are determined to be technically acceptable, award will be made to that vendor with the lowest overall prices.

The LPTA evaluation process will be accomplished as follows - Technical Acceptability will be comprised of three subfactors: 1.) Meeting all areas under the “Description/Specifications/Work Statement including ability to meet the Maintenance Services; 2.) Past Performance; and, 3.) Price.

1.) Shall provide the services stated in the Description/Specifications/Work Statement 2.) Past Performance: The offeror shall provide a list of contracts under which they have performed same or similar services to this RFQ requirement within the last three (3) years. The Government shall assess the offeror’s ability to perform the effort described in the Request for Quote (RFQ). The assessment process will result in an overall technical rating of Acceptable/Non Acceptable or Neutral/Unknown. Offerors with no relevant past or present performance history shall receive the rating “neutral or unknown”, meaning the rating is treated neither favorably nor unfavorably.

3.) Price: The Pricing Schedule must be completed for all line items and will be evaluated as to completeness and reasonableness. The offeror with the lowest technically acceptable prices represents the best value for the Government.

J. FAR 52.212-3 Offer Representations and Certifications-Commercial Items (June 2020) See attachment for full text. The Offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website accessed through http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) of this provision.

K. FAR 52.212-4 Contract Terms and Conditions-Commercial Item (October 2018) – See attachment; in by reference.

L. FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (August 2020) - See attachment for full text.

M. Attached are the Federal Acquisition Regulations (FAR) & Health & Human Services Acquisition Regulation (HHSAR) clauses that are applicable including below.

N. Offers will be accepted electronically, Submit via e-mail to the following:

Great Plains Area Indian Health Service Attn: Wenda Wright, Contract Specialist 115 4th Ave. SE, Room 309 Aberdeen, SD 57401 Email to wenda.wright@ihs.gov and wwright@na.ihs.gov

Any questions, please submit by August 24, 2020 by 12:00 pm CST.

Contractors will need a DUNS number, TIN number, and be registered with www.sam.gov.

http://www.acquisition.gov/ mailto:wenda.wright@ihs.gov

I of 2

Specifications

I

Qty

SKU

Description

Delivel'y Method

Price

Total

1 VX-3 FA 1st Degree Fluid Rower Vortex VX3 Deliver

2 C400E + CNLEDEL True XC400E wt Emerge Console Deliver

2 C400T + CNLEDTM True C400T Treadmill wt Emerge Console Deliver

1 RC400 + CNLEDBL True RC400 Recumbent wt Emerge Console Deliver

1 UC400 + CNLEDBL True UC400 Upright Bike wt Emerge Console Deliver

1 PFT-V2-160 BodyCraft PFT Functional Trainer (2x160# stacks) Deliver

1 120435 B-S Rubber DBs 5-50 wtGDR363 Rack KIT Deliver

2 SFID325 B-S ProClub SFID325 FlaUlncline Bench Deliver

1 GSR10 B-S GSR10 Stability Ball Rack Deliver

1 05-51980 BOX Gaiam Total Body Ball 55cm PUR Deliver

1 05-51982 BOX Gaiam Total Body Ball 65cm GRN Deliver

1 05-52205 BOX Gaiam Total Body Ball 75cm BLU Deliver

1 05-58668 BOX Spri Medicine Ball 4#0RG Deliver

1 05-58473 BOX Spri Medicine Ball 6#RED Deliver

1 05-58474 BOX Spri Medicine Ball 8#ROS Deliver

1 05-58471 BOX Spri Medicine Ball 10# PUR Deli,ver

1 05-58472 BOX Spri Medicine Ball 12# BLU Deliver

1 MED-RACK5 Sprl Medicine Ball Rack 5 Ball Deliver

3 07-70537 Sprl Premium Hanging Mat 56"x 23"x 15MM Deliver

1 07-71018 Spri Wall Mounted Hcmging Mat Rack Deliver *customer will mount ---

1 MP2.0R Paramount MP2.0-2 Stack 3 Station Gym 2-170 # Deliver

10 05-63617 Gaiam Yoga Essentials Block FOLKSTONE GRY Deliver

10 05-62002 Gaiam Premium Yoga Strap GRY 8ft. Deliver

10 BSTYM5 B-S BSTYM5 Yoga Mat 5mm RED Deliver

1 RACK-TUBE xBULK Spri Steel Tubing Tree Deliver

5 XT-VL YEL xBULK Spri Original Xertube-VLT YEL Deliver

10 XT-L GRN xBULK Spri Original Xertube-LT GRN Deliver

Special Instructions: Item Total:

Total Price:

Qty

SKU

Description

Delivery Method Deliver Deliver Deliver Deliver Deliver

Deliver Deliveir

Deliver [

Total

10 XT-M RED xBULK Spri Original Xertube-MED RED

10 XT-H BLU xBULK Spri Original Xertube-HVY BLU

5 XT-UHPPUR xBULK Spri Original Xertube-UHVY PUR

2 15GS NO LOGO Supermat NO LOGO TreadSolid Mat 3' x 7.5'

3 14GS NO LOGO Supermat NO LOGO TreadSolid Mat 3' x 6.5'

1 29GS NO LOGO Supermat NO LOGO RowerSolid Mat 3' x 8.5'

·········.· 1 GS24 NO LOGO

SupElrrnat NC) LCJC,,Q ElikeSolid.lli1ia!t3'x4'

3 485 Preventative Maintenance 3 times per year for one year

Freight Charge ·· Delivery Charge Assembly

True Cardio Warranty: lifetime frame, 5 years parts, 2 years labor, 3 years console

The Original Xertube - Exercise Resistance Bands for Sale - SPRl

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400 Treadmill I

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The C400 provides your commercial facility reliable performance and a high-quality experience with patented features like HRC

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- Minimum Speed: 0.2 MPH (0.3 KPH)

- Optional Medical Handrails

- Patented HRC Cruise Control® and Soft System® Deck

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400 Elliptical I

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400 ELLIPTICAL

The C400 Elliptical from TRUE combines the durability and performance expected all over the world from a TRUE product.

The small and compact footprint' of the C400 allows you to place this elliptical machine in tight spaces where a traditional front or rear-drive elliptical might not work. Plus, your users will love the unique Cardio 360m programming that acts like their own personal trainer in the machine, walking them through a 20-minute, total body workout that no other elliptical on the market can deliver.

- Self-Generating Capability

- Core Drive• System

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BIKE

The TRUE C400 Recumbent bike combines quality materials with smart design for an overall package that is unbeatable in performance and durability. The C400

Recumbent Bike reduces back stress and offers simple programming, making exercise an easy and enjoyable process for users at all fitness levels. The C400 walk through recumbent bike is built on a custom-designed, racetrack-inspired steel frame, and is self-generating and therefore can be placed anywhere in your facility.

- Self-Generating Capability

- Dual Stage Drive System

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- 30 Resistance Levels

- 20-450 Watts Workload Range

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400 Upright Bike I

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400 UPRIGHT

BIKE

The all-new TRUE C400 Upright Bike combines quality materials with smart design for an overall package that is unbeatable in performance and durability.

With one of the lowest step-up heights in the industry, the C400 offers a safe and easy entry for users of all ages and fitness levels. Plus, the small footprint allows you to maximize the premium space in your facility.

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- Dual Sided Pedals with Ratcheting Strap

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VX-3 I Indoor Rower I fJF FLUID ROWER FLUID EXERCISE FLUID POWER ZONE

FLUID� ROWER Search

PRODUCTS FLUID RESISTANCE FLUID ROWING COMPANY

FLUIDROWER

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VX-3

The VX-3 FluidRower is one of our most popular commercial-grade indoor rowers. FDF's patented Adjustable Fluid

Resistance innovation ensures natural catch with consistent resistance throughout the entire stroke. Not only does this indoor rowing machine look good, it has the sight and sound of real toughest of gym and engaged in one of the most active forms of exercise available while its robust quality and good looking craftsman ship ensures its popularity in any commercial environment.

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MP 2.0 Multi-Use Station I

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MP2.0

The MP 2.0 includes 2 weight stacks and 3 workout stations.

Leg Extension/ Leg Curl

- Four starting positions for both extensions and curls allow users to choose the range of motion best suited to their individual needs

- 5-position back pad and leg curl thigh pad accommodate a wide range of users

- Self-adjusting ankle pad eliminates need for adjustment while providing proper support throughout entire range of motion

Upper Body

- Exercise choices include Chest, Incline, & Shoulder Presses; Lat Pulldown and Seated Row; Triceps Pushdown & Extension; and Abdominal Crunch

- 8-position press arm and adjustable back pad are color coded for quick and accurate adjustment

- 5-position seat to accommodate wide range of users

- Mid-level pulley includes contoured multi-purpose strap for Abdominal and Triceps exercises

Low Swivel Pulley

- Ideal for wide range of exercises including Biceps Curl, Upright Rows, Inner Thigh, and Outer Thigh

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GDR363 -3 Tier Dumbbell Rack

HOME COMMERCIAL BODY FOCUS ROOM PLANNER FIND A DEALER BLOG

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3 Tier Dumbbell Rack

Holds one pair each of 5-50 lbs dumbbells

Body-Solid 40 Inch 3-Tier Dumbbell Rack

Keep your workout area organized, clean and, most importantly, safe. Our weight trees and dumbbell racks can be placed against any wall or centered in a room. Nobody builds stronger or more s ... READ MORE»

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MSRP: $248.00

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PFT V2 Functional Trainer I

PFT

Functional Trainer

FUNC110NAL 71/A!Nt:R - WOIIKOUT N,ff/JRALLI'

For your di\y-to-day life, sports, or leisure activities, the BODYCRAFT PFT allows you to train the ,w1.y you move. You define the p11th of motion allowing you to slren!,_'1hen every part of your body for the way you want to live. It's that simple. Functional Training improves coordination and bnlancc. and increases core strength.

?i.founted book describing over 70 exercises

Graduated 160 lb. weiHhl stack Built and warranted for full commercial use

Smooth and easy cable adj11s1men1s

Compact, can be placed in any corner of the room

Variety of accessories included �lulti-Hrip Chin Up Bar 2: I cable ratio for smoolh action and greater range of motion

Full length ac1ylic panels for added beauty and safety

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Item is currently out of stock, but more are on the way! Please contact us al 800-990·5556 or info@bodycraft.com for future availability and incentives. Or. call your local BODYCRAFT dealer lo inquire about this product - Click on our Dealer Locator

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PFT 21 OLB ST ACK UPGRADE

Upgrades your PFT from two 160Ib. slacks lo �Yo 210Ibs slacks

Replaces 5 lb. weights wilh 1 0 lb. weights

•important to note that this must be done at time original order is placed

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F603 F/1 UTILITY BENCH

6 different positions: adjusts from flat lo incline- 0, 15, 30, 45, 60, 85 degrees

!lack pad: slides along frame lo close lhe gap and find your perfect fil.

8 different adjustment points. Back pad doubles as a knee hold down for lat pulls.

Handle and wheels: for easy transportation

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55 CM STABILITY BALL

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65 CM STAB[LITY BALL

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weights packaged separately, as well as the plastic (texan) that mounts on the sides.

There will also be some other small boxes. Anyway, when I first started to unpack things I noticed the boxes were a bit jacked up when they were delivered. I took pictures and continued unpacking. At the rirst look at the instructions I thought Holy F0

., this is going to be a nightmare. II was after I started the assembly process that I noticed that a tot of the assembly was already done at the factory. It went together easily and works great! I love this machine. Body Craft customer service is fantastic. I had a couple of small things that needed replacing due to shipping and made a call. No questions asked, parts shipped out the same day. Seriously consider purchasing this machine. You won't regret it!

Andy Tracewell 5. 0

Dorky Dad

Assembly: It was very easy and straight forward. All of the holes were in the right place and nothing was forced. The initial steps of attaching the pull-up bar and main brace take two people. The rest of ii goes together nicely with one person. I really appreciate that all of the cabling was in place prior to shipping. One note on assembly, the bag of hardware that you gel looks a little thin until you realize that many of the bolts and screws are already in place in the equipment.

Look and Feel: From the fit and durability of all the parts lo the quality of the materials used, this is truly a world class piece of equipment. The acrylic panels give ii a very clean and modem look. The gray painted weight stacks are also a nice touch. You can even tell that the weight selection pins have an engineered quality to them. It's clear that the attention to detail by the designers was very high.

Functionality: The cable pull is very smooth. Lifting and lowering sides is very easy and can be done quickly and with little effort. The bars, handles and straps all have a very high quality feel to them. I also love the exercise book positioned right at eye level. It gave me tips on exercises that I would not have even considered othe1wise.

All in all, this is a very high quality, well thought out, attractive piece equipment that I will use for many many years. I could not be happier with ii.

5.0

II arrived in eight days, the delivery company dropped the cardboard boxes on a pallet in my driveway, which was OK with me, I did not want to pay the extra money for in-room delivery. Getting ii into position was the first workoull The machine was well-packaged for shipping, and arrived undamaged with minimal cosmetic blemishes. I assembled ii in the space of about three hours over two consecutive evenings. There are a couple of steps where you will have to have a second person to make sure everything is correctly aligned and stays that way as you lighten the bolts, but most of ii can be done by one person.

looked very hard at the Body Solid G6B, which is less expensive, and al the more expensive HOIST PFT, but really liked the looks, flexibility and affordability of the

BodyCrafl. I have received a couple of compliments on the looks of this machine, it is a nice gray, business-like but not dull. There is very little you cannot do with one of these machines, the versatility really puts conventional single-user home gyms to shame. II is very stable, does not wobble or shake in use, it is quiet and very smooth. The included

DVD is very good, and I love using this thing.

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GREAT PLAINS AREA REGIONAL DRUG DEPENDENCY UNIT

STATEMENT OF WORK

Installation and maintenance of fitness equipment

To meet the mission of the Great Plains Area Regional Drug Dependency Unit, the Indian Health Services requires the contractor to provide services for installation, repairs and upgrades on the fitness equipment at the Great Plains Area Drug Dependency Unit, Winnebago, Nebraska as maintenance and cleaning are scheduled for each of the pieces of fitness equipment. This is a firm fixed price purchase order and will be single sourced, due to the fact that only this company in the area of the GPARDDU, who can provide the fitness equipment with regular maintenance including cleaning and repairs.

C-1 PERIOD OF PERFORMANCE

The period of performance will be Date of Award plus Two (2) Option Years for the maintenance of the equipment.

C-2 Duties and Responsibilities

Contractor is required to install and maintain gym equipment, to include cleaning and repairs.

The Great Plains Area Drug Dependency Unit is located in Winnebago, Nebraska.

Equipment installation, service, labor, maintenance and repair, SUP for Great Plains Area Drug Dependency Unit for 3 years. With purchase of 3 Y SUP the site SUP (Treadmills, Elliptical, Recumbent Bike, Upright Bike, Fluid Rowing Machine, Multi-station Gym, Dumbbells and Rack, Adjustable Bench, Functional Cable Machine, Stability Balls and Rack, Medicine Balls and Rack, Wall Mounted Mat Rack, Mats) will be valid until 7/20/2023.

3 year service agreement to provide repairs and software installations Monday thru Friday 8am to 5pm.

C-3 CONTRACT ADMINISTRATION DATA

A. BILLING AND PAYMENT

Payment shall be made by the Great Plains Area Indian Health Service Office upon submission by the Contractor, of the appropriate authorization form and required invoices.

(1) The estimated cost shall be based on the established Fee Schedule agreed upon.

B. INVOICE SUBMISSION

(a) The contractor shall submit an original invoice to the following address for payment:

GREAT PLAINS AREA INDIAN HEALTH SERVICE

FINANCE DEPARTMENT

ATTN: Accounts Payable

115 4TH AVE S.E.

FEDERAL BUILDING #309

ABERDEEN, SOUTH DAKOTA 57401

(b) The contractor shall submit a copy of the original invoice to the project officer for confirmation that service has been completed for payment. Please send copy to the following information:

Great Plains Area Drug Dependency Unit P.O. Box 423 Winnebago, Nebraska 68071 ATTN: COR Tiffany Stone via email (tiffany.stone@ihs.gov)

(c) The Contractor agrees to include the following information on each invoice:

(1) Contractor’s name and invoice date;

(2) Contract number or Purchase Order Number, or other authorization for delivery of services;

(3) Description, cost or price, and quantity of property and/or services actually delivered or rendered;

(4) Name, title, phone number and complete mailing address of responsible official to whom payment is to be sent.

(5) Tax Identification Number on Invoice

(6) Invoice Number

(7) Other substantiating documentation or information as required by the contract, such as Data Universal Numbering System (DUNS) and Registered in System for award management (SAM).

C. PAYMENT DUE DATE

(a) Payments under this contract will be due on Thursday of each week. After the actual receipt of a proper invoice in the office designated to receive the invoice.

(b) The date of the check issued in payment or the date of payment by wire transfer through the Treasury Financial Communications System shall be considered to be the date payment is made.

D. INVOICE PROMPT PAYMENT

Under provisions of the Prompt Payment Act (P.L. 97-177), the Government is obligated to pay an additional interest penalty if payment is not received by the vendor within 45 days for vouchers accepted for payment. The rate of interest shall be those as established for this purpose by the Department of Treasury.

Provisions of this clause shall not alter the provisions of Section “B”.

Payment will be made on this authorization as close as possible to but not later than 30 calendar days after an invoice containing the information set forth in the invoice submission instructions of this authorization is received in the payment office designated in this authorization.

An invoice will be deemed to have been received on the latter of:

(a) The date the invoice is actually received in the designated payment office, or

(b) The date on which the Government accepts the property or service required under this contract.

Unless a different time period is stated elsewhere in this contract, inspection/acceptance required by this contract will be completed by the Government no later than five Government working days after the goods are delivered or the service is rendered.

C-4 GOVERNMENT FURNISHED PROPERTY AND FACILITIES

The government will not provide any furnished property.

C-5 CONTRACTOR’S FURNISHED PROPERTY

The contractor is responsible for furnishing all labor, materials and equipment. The contractor is responsible for all preventative maintenance and repairs. The government will not pay for any repairs.

52.222-48 Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Certification.

As prescribed in 22.1006(e)(1), insert the following provision:

EXEMPTION FROM APPLICATION OF THE SERVICE CONTRACT LABOR STANDARDS TO CONTRACTS FOR MAINTENANCE, CALIBRATION, OR REPAIR OF CERTAIN EQUIPMENT-CERTIFICATION (MAY 2014)

(a) The offeror shall check the following certification:

Certification

The offeror □ does □ does not certify that-

(1) The items of equipment to be serviced under this contract are used regularly for other than Government purposes, and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontractor) in substantial quantities to the general public in the course of normal business operations;

(2) The services will be furnished at prices which are, or are based on, established catalog or market prices for the maintenance, calibration, or repair of equipment.

(i) An “established catalog price” is a price included in a catalog, price list, schedule, or other form that is regularly maintained by the manufacturer or the offeror, is either published or otherwise available for inspection by customers, and states prices at which sales currently, or were last, made to a significant number of buyers constituting the general public.

(ii) An “established market price” is a current price, established in the usual course of trade between buyers and sellers free to bargain, which can be substantiated from sources independent of the manufacturer or offeror; and

(3) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract are the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers.

(b) Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services. If the offeror certifies to the conditions in paragraph (a) of this provision, and the Contracting Officer determines in accordance with FAR 22.1003-4(c)(3) that the Service Contract Labor Standards statute-

(1) Will not apply to this offeror, then the Service Contract Labor Standards clause in this solicitation will not be included in any resultant contract to this offeror; or

(2) Will apply to this offeror, then the clause at 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Requirements, in this solicitation will not be included in any resultant contract awarded to this offeror, and the offeror may be provided an opportunity to submit a new offer on that basis.

(c) If the offeror does not certify to the conditions in paragraph (a) of this provision-https://www.acquisition.gov/content/part-22-application-labor-laws-government-acquisitions#i1096611 https://www.acquisition.gov/content/part-22-application-labor-laws-government-acquisitions#i1096436 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056685

(1) The clause in this solicitation at 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements, will not be included in any resultant contract awarded to this offeror; and

(2) The offeror shall notify the Contracting Officer as soon as possible, if the Contracting Officer did not attach a Service Contract Labor Standards wage determination to the solicitation.

(d) The Contracting Officer may not make an award to the offeror, if the offeror fails to execute the certification in paragraph (a) of this provision or to contact the Contracting Officer as required in paragraph (c) of this provision.

(End of provision) https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056685

CLAUSES INCORPORATED BY REFERENCE

(Firm Fixed-Price Supplies, Commercial Item)

FAR CITATION: 52.252-1: Solicitation Provisions Incorporated by Reference. (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and defect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): https://www.acquisition.gov.

I. Federal Acquisition Regulations (FAR) (48 CFR Chapter 1) Clauses

No. FAR Citation Clause Title Clause Date ____

1. 52.204-7 System for Award Management October 2018

2. 52.204-13 System for Award Management Maintenance October 2016

3. 52.204-16 Commercial and Government Entity Code July 2016 Reporting

4. 52.204-18 Commercial and Government Entity Code July 2016 Maintenance

5. 52.204-19 Incorporation by Reference of Representations and December 2014 And Certifications

6. 52.211-6 Brand Name or Equal August 1999

7. 52.212-1 Instructions to Offerors – Commercial Items June 2020

8. 52.212-4 Contract Terms and Conditions October 2018

- Commercial Items

9. 52.232-39 Unenforceability of Unauthorized Obligations June 2013

10. 52.232-40 Providing Accelerated Payments to Small December 2013 Business Subcontractors

11. 52.237-1 Site Visit April 1984

12. 52.237-2 Protection of Government Buildings, Equipment, April 1984 And Vegitation

13. 52.247-34 F.o.b. – Destination November 1991

15. 52.253-1 Computer Generated Forms January 1991

II. Federal Acquisition Regulations (FAR) (48 CFR Chapter 1) Clauses in Full Text

No. FAR Citation Clause Title Clause Date______

1. 52.204-24 Representation Regarding Certain December 2019 Telecommunications and Video Surveillance Services or Equipment

2. 52.212-3 Offeror Representation and Certifications June 2020

- Commercial Items (See attached)

3. 52.212-5 Contract Terms and Conditions Required To August 2020 Implement Statutes or Executive Orders – Commercial Items (See attached)

4. 52.217-9 Option to Extend the Term of the Contract March 2000

5. 52.232-19 Availability of Funds for the Next Fiscal Year April 1984

6. 52.242-15 Stop-Work Order August 1989

7. 52.252-1 Solicitation Provisions Incorporated by February 1998 Reference

8. 52.252-2 Clauses Incorporated by Reference February 1998

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

As prescribed in 4.2105(a), insert the following provision:

Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Dec 2019)

The Offeror shall not complete the representation in this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in the provision at 52.204-26, Covered Telecommunications Equipment or Services- Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

(a) Definitions. As used in this provision—

“Covered telecommunications equipment or services”, “critical technology”, and “substantial or essential component” have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

https://www.acquisition.gov/content/part-4-administrative-and-information-matters#id1989H0G40RF https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#id19CAC0P0ESS https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1060550 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#unique_252523041

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

Contractors are not prohibited from providing—

(1)A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(d) Representation. The Offeror represents that it □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.

(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will” provide covered telecommunications equipment or services”, the Offeror shall provide the following information as part of the offer—

(1) A description of all covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

(2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph

(b) of this provision;

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and

(4) For equipment, the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

(End of provision)

52.217-9 Option to Extend the Term of the Contract.

As prescribed in 17.208(g), insert a clause substantially the same as the following:

OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

https://www.sam.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2017_2.html#wp1078175

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least __60___ 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 three (3) years from Date of Award.

(End of clause)

52.232-19 Availability of Funds for the Next Fiscal Year.

As prescribed in 32.706-1(b), insert the following clause:

Availability of Funds for the Next Fiscal Year (Apr 1984)

Funds are not presently available for performance under this contract beyond _June 30, 2021. The Government’s obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond Date of Award through One Year, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

(End of clause)

52.242-15 -- Stop-Work Order.

As prescribed in 42.1305(b), insert the following clause. The “90-day” period stated in the clause may be reduced to less than 90 days.

Stop-Work Order (Aug. 1989)

(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage.

Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either --

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.

https://www.acquisition.gov/content/32706-1-clauses-contracting-advance-funds#i1081697 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_237.htm#TopOfPage

(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if --

(1) The stop-work order results in an increase in the time required for, or in the Contractor’s cost properly allocable to, the performance of any part of this contract; and

(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

(End of Clause)

52.252-1 Solicitation Provisions Incorporated by Reference.

As prescribed in 52.107(a), insert the following provision:

SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): https://www.acquisition.gov.

(End of provision)

52.252-2 Clauses Incorporated by Reference.

As prescribed in 52.107(b), insert the following clause:

CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

https://www.acquisition.gov/sites/default/files/current/far/html/52_000_107.html#wp1114174 https://www.acquisition.gov/sites/default/files/current/far/html/52_000_107.html#wp1114174

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov.

(End of clause)

CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov

III. Department of Health and Human Services Acquisition Regulations (HHSAR) (49 Chapter 3) Clauses

No. HHSAR Citation Clause Title Clause Date_ ____

1. HHSAR 352.226-1 Indian Preference December 2015

2. HHSAR 352.226-2 Indian Preference Program December 2015

3. HHSAR 352.237-70 Pro-Children Act December 2015

4. HHSAR 352.237-71 Crime Control Act-Reporting of December 2015 Child Abuse

352.226-1 Indian Preference.

As prescribed in HHSAR 326.505(a), the Contracting Officer shall insert the following clause:

Indian Preference (December 18, 2015)

(a) The Contractor agrees to give preference in employment opportunities under this contract to Indians who can perform required work, regardless of age (subject to existing laws and regulations), sex, religion, or tribal affiliation. To the extent feasible and consistent with the efficient performance of this contract, the Contractor further agrees to give preference in employment and training opportunities under this contract to Indians who are not fully qualified to perform regardless of age (subject to existing laws and regulations), sex, religion, or tribal affiliation. The Contractor also agrees to give preference to Indian organizations and Indian-owned economic enterprises in the awarding of any subcontracts to the extent feasible and consistent with the efficient performance of this contract. The Contractor shall maintain the necessary statistical records to demonstrate compliance with this paragraph.

https://www.acquisition.gov/ http://farsite.hill.af.mil/reghtml/regs/other/hhsar/326.htm#P23_4614

(b) In connection with the Indian employment preference requirements of this clause, the Contractor shall provide reasonable opportunities for training, incident to such employment. Such training shall include on-the—job, classroom, or apprenticeship training designed to increase the vocational effectiveness of an Indian employee.

(c) If the Contractor is unable to fill its employment and training opportunities after giving full consideration to Indians as required by this clause, the Contractor may satisfy those needs by selecting non-Indian persons in accordance with the clause of this contract entitled "Equal Opportunity."

(d) If no Indian organizations or Indian-owned economic enterprises are available under reasonable terms and conditions, including price, for awarding of subcontracts in connection with the work performed under this contract, the Contractor agrees to comply with the provisions of this contract involving utilization of small businesses; HUBZone small businesses; service-disabled, veteran-owned small businesses; 8(a) small businesses; veteran-owned small businesses; women-owned small businesses; or small disadvantaged businesses.

(e) As used in this clause,

(1) Indian means a person who is a member of an Indian tribe. If the Contractor has reason to doubt that a person seeking employment preference is an Indian, the Contractor shall grant the preference but shall require the individual provide evidence within 30 days from the tribe concerned that the person is a member of the tribe.

(2) Indian tribe means an Indian tribe, pueblo, band, nation, or other organized group or community, including Alaska Native village or regional or village corporation as defined…

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