Solicitation 75R60120Q00009.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

NHDP2

National Hansens Disease Program Management and Policy Office of Acquisition

HRSA/OAMP/NHDP

CODE 16. ADMINISTERED BYCODE

X

X

811219

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORNHDP2

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

08/26/2020 1500 CT

08/11/2020

225-756-3785ANGELA WHITNEY

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

75R60120Q00009

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 26 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

Baton Rouge LA 70809

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

Baton Rouge LA 70809 National Hansens Disease Program Management and Policy Office of Acquisition

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$22.00

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

HRSA/OAMP/NHDP

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Title: Sony SH800 Flow Cytometer (FACS) Service Maintenance Agreement Initiative ID#: NHDP170_C_2250 Award Type: Firm-Fixed Price

This is a combined synopsis/solicitation for commercial items. This requirement is issued pursuant to Federal Acquisition Regulation (FAR) Part 12.102 and Part 13.500 under NAICS Code 811219 - Other Electronic and Precision Equipment Repair and Maintenance, with a small business

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

JENNIFER M. LOHMEIER

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

size standard of $22.0M with PSC Code J066

Maint/Repair/Rebuild of Equipment-Instruments and

Laboratory Equipment. This requirement is being solicited as Unrestricted. This announcement constitutes the only solicitation, quotations are being requested and a separate solicitation will not be issued. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular

2020-05.

The contractor shall provide the Sony SH800 Flow

Cytometer (FACS) Service Maintenance Agreement in accordance with the attached Statement of Work

(SOW), Attachment A; dated August 10, 2020.

Provide the following information:

1. Contact Name, Phone and Fax Number:

2. Email Address: _______________________

3. DUNS Number: _______________________

Note the following attachments with this form:

Attachment A - Statement of Work (SOW)

Attachment B - Past Performance Questionnaire

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32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

26 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

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Attachment C - "Now that I have a Government contract, how do I get paid?"

The full text of FAR provisions or clauses may be accessed electronically at https://www.acquisition.gov/content/part-52-solici tation-provisions-and-contract-clauses.

FAR 52.212-1 - Instructions to Offerors -

Commercial Items (JUN 2020), applies to this acquisition.

General

Contained herein are the minimally acceptable requirements for quote information that is to be submitted in accordance with the following instructions for the format and content of quotes. Offeror's shall submit the quote volumes stated below to be considered responsive to this solicitation, no exceptions. Failure to submit a completed quote by the time that quotes are due will result in the exclusion from further consideration by the Government for award.

Quotes shall stipulate that it is predicated upon all the terms and conditions of this solicitation. In addition, it must contain a statement to the effect that the quote is valid for a period of at least 90 days from the date of receipt by the Government. Offerors shall submit quotes and data comprehensive enough to provide the basis for a sound evaluation. The data and information should be precise, factual, and responsive and shall be keyed to each paragraph of the technical quote requirements as outlined below.

Quote information shall be submitted in separate volumes and clearly labeled. Each volume shall be separate and complete unto itself so that the evaluation of one volume may be accomplished independently of the evaluation of the other volume(s).

Quotes shall be submitted in three (3) volumes as follows:

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Sponsored by GSA

FAR (48 CFR) 53.110

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75R60120Q00009

Volume Title

I Technical Quote

II Past Performance

III Business Quote

The solicitation shall be signed by an official authorized to bind your organization and shall be submitted with your quote by email by the date and time specified on page 1 of the solicitation to Charisse Whitney at cwhitney@hrsa.gov.

All questions and/or inquiries concerning this solicitation shall be submitted via email to

Charisse Whitney at cwhitney@hrsa.gov by 3PM

Central Time, August 18, 2020. Questions submitted after the due date and time for questions will not be accepted. Any resulting addition, deletion, or change to the solicitation will be made by issuing a formal amendment.

Offerors are instructed to contact only the issuing contract office in connection with any aspect of this requirement prior to contract award.

Electronic documents submitted as part of your quote shall be submitted in Word or PDF, single spaced, printable on 8.5 x 11-inch paper, paginated front to back, font 12 Times New Roman, .5 to 1 inch margins, and searchable. Pricing information shall be submitted in MS Excel format with formulas intact. Each page shall be numbered in a page X of Y format, for example; page 1 of

3, page 2 or 3, page 3 of 3. Each page shall include a header that states the organizational name and if applicable a footer on applicable pages that notes that proprietary information.

Each volume shall be formatted to include a table of contents which corresponds to the section of that volume.

Technical Quotes shall not exceed 25 pages, including attachments, addendums, resumes and other required appendices. Offerors are advised to strictly observe limitations on the length and format specified since review of the quote will

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75R60120Q00009 be limited to 25 pages. There is no page limit for the business quote.

Where data and/or information appear in one volume, it does not have to be repeated in any other part. However, if data and/or information does appear in more than one volume it shall be cross referenced by indicating the specific location including the volume and page number as a minimum. The clarity, relevance, and conciseness of the quote is important, not the length.

The Government will evaluate quotes in accordance with the evaluation criteria set forth within this solicitation.

This solicitation does not commit the Government to pay any cost for preparation or submission of a quote. In addition, the Contracting Officer is the only individual who can legally commit the

Government to the expenditure of public funds in connection with this proposed acquisition.

United States Governmental, or Department of

Health and Human Services, or Health Resources

Services Administration, or National Hansen's

Disease Programs letterhead and/or logo should not be included in your quote. Your quote also should not include quotes from past contracts unless it is requested in the past performance section.

Technical Quote Instructions - Volume I

Volume I-Technical Quote shall not contain references to price/cost; however, resource information such as data concerning labor hours and categories, materials, subcontracts, past performance, etc., shall be contained in the technical quote so that the Offerors understanding of the statement of work may be evaluated. It shall disclose the technical approach in sufficient detail to provide a clear and concise presentation that includes the requirements of the technical quote instructions.

Volume I-Technical Quote shall include a

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75R60120Q00009 statement indicating whether or not any exceptions are taken to the terms and conditions of this solicitation as part of the quote transmittal letter. Any exceptions taken must include identification of the specific paragraphs and rationale for each exception. Exceptions shall also be noted in the quote, at the location of the exception.

In order to establish uniformity and to facilitate the evaluation, volume I shall address and be organized as follows:

1. Technical Approach.

The Offeror shall:

a. Provide a detailed description of its technical approach that addresses quality oversight of cell sorter maintenance services as required by the Statement of Work (SOW)

b. Provide a detailed description of its technical approach to Preventative maintenance

(PM), including all the steps that will be performed during annual PM, that addresses annual

PM of cell sorter maintenance services of the

Statement of Work (SOW)

c. Describe its technical approach to completing the tasks as described in the Statement of Work

(SOW).

2. Key Personnel.

The Offeror shall specify the proposed key personnel who will perform the tasks in the SOW.

Key personnel resumes shall be submitted and include their education, experience and specific technical accomplishments essential to the performance of the requirement.

The Offeror shall submit documentation certifying that it's designated key personnel is a certified

Sony technician.

Past Performance Instructions - Volume II

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Offerors shall submit three (3) past performance references where the Offeror was the prime contractor or subcontractor for relevant work completed within the past three (3) years as required by this solicitation. "Relevant" is defined as similar in size, scope and complexity to this contract. The Offeror must clarify the percentage of work, dollar allocation and personnel roles as it relates to the key labor category requirements.

Offerors shall submit copies of their CPARS ratings for contracts with Federal agencies that are relevant to this procurement in Volume I. If the Offeror has not held any Federal contracts, then the Offeror may submit references from state, local, or private contracts using the Past

Performance Questionnaire (Attachment B).

Offerors shall forward a copy of the entire Past

Performance Questionnaire to their clients to complete. The completed questionnaire shall be submitted to cwhitney@hrsa.gov no later than

August 26, 2020 at 3PM Central Time.

Business Quote - Volume III

The price quote shall propose labor categories, labor hours, any unit pricing used, any discounts offered and any other relevant pricing information that adequately fulfill the requirements set forth in the SOW for the base and all optional items/tasks. The Offeror shall also furnish a price breakdown to accomplish the

SOW including a total firm-fixed price associated to the tasks listed in the SOW. In addition, the price quote shall include a completed and signed copy of Standard Form

1449-Solicitation/Contract/Order for Commercial

Items.

Provisions at FAR 52.212-2 Evaluation -

Commercial Items (OCT 2014), applies to this acquisition. The following addenda also apply:

(a) The Government will award a contract resulting from this solicitation to the

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75R60120Q00009 responsible Offeror whose offer conforming to the solicitation will be most advantageous to the

Government, price and other factors considered.

The following factors shall be used to evaluate offers:

Award Criteria

The Government anticipates one award resulting from this solicitation; however, the Government reserves the right to make no award as a result of this solicitation. In addition, the solicitation may be amended if determined to be in the best interest of the Government.

Quote evaluation will be based on a Lowest Price

Technically Acceptable (LPTA) methodology. Award will be based on the lowest evaluated price of quotes meeting or exceeding the acceptability standards for non-cost/price factors.

The Government reserves the right to make a single award, multiple awards, or no award as a result of this solicitation. In addition, the solicitation may be amended if determined to be in the best interest of the Government. The

Government reserves the right to make award without discussions.

The quote will be evaluated using the following criteria as they relate to the content of the corresponding volumes.

Factor 1 - Technical.

The following Technical Factors will be evaluated on an acceptable or unacceptable basis, using the ratings and descriptions outlined as follows:

Acceptable - Quote clearly meets the minimum requirements of the solicitation.

Unacceptable - Quote does not clearly meet the minimum requirements of the solicitation.

1. Technical Approach.

The Government will evaluate the Offeror's

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75R60120Q00009 technical approach to ensure it meets the necessary oversite of the maintenance services as described herein.

The Government will evaluate the Offeror's technical approach to annual preventative maintenance (PM)

The Government will evaluate the Offeror's technical approach to completing the tasks as described in the Statement of Work (SOW).

2. Key Personnel.

The Government will evaluate the Offeror's proposed key personnel to ensure they possess the qualifications and experience as described herein.

Factor 2 - Past Performance.

The following Past Performance Factor will be evaluated on an Acceptable, Unacceptable, or

Unknown basis per the following definitions:

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

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

Unknown - The vendor's performance record is unknown.

The Government reserves the right to obtain information for use in the evaluation of past performance from any and all sources, including sources outside of the Government.

In the case of Offerors without a record of past performance, or for whom information on past performance is not available so that no past performance rating can be assigned, the Offerors may not be evaluated favorably or unfavorably on past performance (see FAR 15.305(a)(2)(iv)).

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Therefore, the Offerors without a record of past performance, or for whom information on past performance is not available they will be determined to have a neutral past performance.

Factor 3 - Price.

Price will be evaluated on the total price, base and all options, being determined to be fair and reasonable.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. 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 option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party.

Before the offer's specified expiration time, the

Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

FAR 52.212-3 Offeror Representative and

Certifications-Commercial Items (JUN 2020), applies to this acquisition.

The offeror shall ensure that Representations and

Certifications are complete when submitting their quote. If an offeror has completed the annual

Representations and Certifications via System for

Award Management (SAM), state such in the quote.

FAR 52.212-4 Contract Terms and

Conditions-Commercial Items (OCT 2018), applies to this acquisition.

FAR 52.202-1 Definitions - Nov 2013.

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FAR 52.203-18 Prohibition on Contracting with

Entities that Require Certain Internal

Confidentiality Agreements or

Statements-Representation - Jan 2017.

FAR 52.204-7 System for Award Management - Oct

2018.

FAR 52.204-13 System for Award Management

Maintenance - Oct 2018.

FAR 52.204-16 Commercial and Government Entity

Code Reporting - Jul 2016.

FAR 52.204-17 Ownership or Control of Offeror -

Jul 2016.

FAR 52.204-18 Commercial and Government Entity

Code Maintenance - Jul 2016.

FAR 52.204-19 Incorporation by Reference of

Representations and Certifications - Dec 2014.

FAR 52.204-20 Predecessor of Offeror - Jul 2016.

FAR 52.204-22 Alternative Line Item Proposal -

Jan 2017.

FAR 52.204-24 Representation Regarding Certain

Telecommunications and Video Surveillance

Services or Equipment - Aug 2020.

FAR 52.204-25 Prohibition on Contracting for

Certain Telecommunications and Video Surveillance

Services or Equipment - Aug 2020.

FAR 52.204-26 Covered Telecommunications

Equipment or Services-Representation - Dec 2019.

FAR 52.209-2 Prohibition on Contracting with

Inverted Domestic Corporations-Representation -

Nov 2015.

FAR 52.209-11 Representation by Corporations

Regarding Delinquent Tax Liability or a Felony

Conviction under any Federal Law - Feb 2016.

FAR 52.217-5 Evaluation of Options - July 1990.

FAR 52.222-22 Previous Contracts and Compliance

Reports - Feb 1999.

FAR 52.222-25 Affirmative Action Compliance - Apr

1984.

FAR 52.222-48 Exemption from Application of the

Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain

Equipment-Certification - May 2014.

FAR 52.223-22 Public Disclosure of Greenhouse Gas

Emissions and Reduction Goals Representation -

Dec 2016.

FAR 52.225-25 Prohibition on Contracting with

Entities Engaging in Certain Activities or

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Transactions Relating to Iran - Rep and Certs -

Jun 2020.

FAR 52.232-39 Unenforceability of Unauthorized

Obligations - Jun 2013.

FAR 52.232-40 Providing Accelerated Payments to

Small Business Subcontractor - Dec 2013.

[(Deviation Apr 2020)]

FAR 52.247-34 F.O.B. Destination - Nov 1991.

FAR 52.252-2 Clauses Incorporated By Reference -

Feb 1998.

52.212-5 Contract Terms and Conditions Required

To Implement Statutes or Executive

Orders-Commercial Items (MAR 2020)[(DEVIATION APR

2020)].

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or

Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain

Internal Confidentiality Agreements or Statements

(Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing

Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for

Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered

Entities (Jul 2018) (Section 1634 of Pub. L.

115-91).

(3) 52.204-25, Prohibition on Contracting for

Certain Telecommunications and Video Surveillance

Services or Equipment. (Aug 2019) (Section

889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with

Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31

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U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of

Contract Claim (Oct 2004) (Public Laws 108-77 and

108-78 (19 U.S.C. 3805note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the

Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

___ (1) 52.203-6, Restrictions on Subcontractor

Sales to the Government (Jun 2020), with

Alternate I (Jun 2020) (41 U.S.C. 4704 and 10

U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business

Ethics and Conduct (Jun 2020) (41 U.S.C. 3509)).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L.

111-5). (Applies to contracts funded by the

American Recovery and Reinvestment Act of 2009.)

XX (4) 52.204-10, Reporting Executive

Compensation and First-Tier Subcontract Awards

(Jun 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved].

___ (6) 52.204-14, Service Contract Reporting

Requirements (Oct 2016) (Pub. L. 111-117, section

743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting

Requirements for Indefinite-Delivery Contracts

(Oct 2016) (Pub. L. 111-117, section 743 of Div.

C).

XX (8) 52.209-6, Protecting the Government's

Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment.

(Jun 2020) (31 U.S.C. 6101note).

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___ (9) 52.209-9, Updates of Publicly Available

Information Regarding Responsibility Matters (Oct

2018) (41 U.S.C. 2313).

___ (10) [Reserved].

___ (11) (i) 52.219-3, Notice of HUBZone

Set-Aside or Sole-Source Award (Mar 2020) (15

U.S.C.657a).

___ (ii) Alternate I (Mar 2020) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation

Preference for HUBZone Small Business Concerns

(Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer)

(15 U.S.C. 657a).

___ (ii) Alternate I (Mar 2020) of 52.219-4.

___ (13) [Reserved]

___ (14) (i) 52.219-6, Notice of Total Small

Business Set-Aside (Mar 2020) (15 U.S.C.644).

___ (ii) Alternate I (Mar 2020).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small

Business Set-Aside (Mar 2020) (15 U.S.C. 644).

___ (ii) Alternate I (Mar 2020) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

___ (16) 52.219-8, Utilization of Small Business

Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business

Subcontracting Plan (Jun 2020) (15 U.S.C.

637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

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__ (iv) Alternate III (Jun 2020) of 52.219-9.

__ (v) Alternate IV (Jun 2020) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders

(Mar 2020) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting

(Mar 2020) (15 U.S.C.637(a)(14)).

___ (20) 52.219-16, Liquidated

Damages-Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled

Veteran-Owned Small Business Set-Aside (Mar 2020)

(15 U.S.C. 657f).

XX (22) (i) 52.219-28, Post Award Small Business

Program Representation (Mar 2020) (15 U.S.C.

632(a)(2)).

(ii) Alternate I (MAR 2020) of 52.219-28.

___ (23) 52.219-29, Notice of Set-Aside for, or

Sole Source Award to, Economically Disadvantaged

Women-Owned Small Business Concerns (Mar 2020)

(15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or

Sole Source Award to, Women-Owned Small Business

Concerns Eligible Under the Women-Owned Small

Business Program (Mar 2020) (15 U.S.C. 637(m)).

(25) 52.219-32, Orders Issued Directly Under

Small Business Reserves (Mar 2020) (15 U.S.C.

644(r)).

(26) 52.219-33, Nonmanufacturer Rule (Mar 2020)

(15 U.S.C. 637(a)(17)).

XX (27) 52.222-3, Convict Labor (June 2003)

(E.O.11755).

___ (28) 52.222-19, Child Labor-Cooperation with

Authorities and Remedies (Jan 2020) (E.O.13126).

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XX (29) 52.222-21, Prohibition of Segregated

Facilities (Apr 2015).

XX (30) (i) 52.222-26, Equal Opportunity (Sept

2016) (E.O.11246).

__ (ii) Alternate I (Feb 1999) of 52.222-26.

___ (31) (i) 52.222-35, Equal Opportunity for

Veterans (Jun 2020) (38 U.S.C. 4212).

__ (ii) Alternate I (July 2014) of 52.222-35.

XX (32) (i) 52.222-36, Equal Opportunity for

Workers with Disabilities (Jun 2020) (29

U.S.C.793).

__ (ii) Alternate I (July 2014) of 52.222-36.

___ (33) 52.222-37, Employment Reports on

Veterans (Jun 2020) (38 U.S.C. 4212).

___ (34) 52.222-40, Notification of Employee

Rights Under the National Labor Relations Act

(Dec 2010) (E.O. 13496).

XX (35) (i) 52.222-50, Combating Trafficking in

Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O.

13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22

U.S.C. chapter78 and E.O. 13627).

___ (36) 52.222-54, Employment Eligibility

Verification (Oct 2015). (Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (37) (i) 52.223-9, Estimate of Percentage of

Recovered Material Content for EPA-Designated

Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)).

(Not applicable to the acquisition of commercially available off-the-shelf items.)

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__ (ii) Alternate I (May 2008) of 52.223-9 (42

U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (Jun 2016) (E.O. 13693).

___ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air

Conditioners (Jun 2016) (E.O. 13693).

___ (40) (i) 52.223-13, Acquisition of

EPEAT-Registered Imaging Equipment (Jun 2014)

(E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

___ (41) (i) 52.223-14, Acquisition of

EPEAT-Registered Televisions (Jun 2014) (E.O.s

13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-14.

___ (42) 52.223-15, Energy Efficiency in

Energy-Consuming Products (Dec 2007) (42 U.S.C.

8259b).

___ (43) (i) 52.223-16, Acquisition of

EPEAT-Registered Personal Computer Products (Oct

2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

XX (44) 52.223-18, Encouraging Contractor

Policies to Ban Text Messaging While Driving (Jun

2020) (E.O. 13513).

___ (45) 52.223-20, Aerosols (Jun 2016) (E.O.

13693).

___ (46) 52.223-21, Foams (Jun 2016) (E.O. 13693).

___ (47) (i) 52.224-3 Privacy Training (Jan 2017)

(5 U.S.C. 552 a).

Continued ...

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__ (ii) Alternate I (Jan 2017) of 52.224-3.

___ (48) 52.225-1, Buy American-Supplies (May

2014) (41 U.S.C. chapter 83).

___ (49) (i) 52.225-3, Buy American-Free Trade

Agreements-Israeli Trade Act (May 2014)(41 U.S.C.

chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (May 2014) of 52.225-3.

__ (iii) Alternate II (May 2014) of 52.225-3.

__ (iv) Alternate III (May 2014) of 52.225-3.

___ (50) 52.225-5, Trade Agreements (Oct 2019)

(19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

XX (51) 52.225-13, Restrictions on Certain

Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the

Office of Foreign Assets Control of the

Department of the Treasury).

___ (52) 52.225-26, Contractors Performing

Private Security Functions Outside the United

States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal

Year 2008; (10 U.S.C. 2302 Note).

___ (53) 52.226-4, Notice of Disaster or

Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

___ (54) 52.226-5, Restrictions on Subcontracting

Outside Disaster or Emergency Area (Nov 2007) (42

U.S.C. 5150).

___ (55) 52.232-29, Terms for Financing of

Purchases of Commercial Items (Feb 2002) (41

U.S.C.4505, 10 U.S.C.2307(f)).

__ (56) 52.232-30, Installment Payments for

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Commercial Items (Jan 2017) (41 U.S.C.4505, 10

U.S.C.2307(f)).

XX (57) 52.232-33, Payment by Electronic Funds

Transfer-System for Award Management (Oct 2018)

(31 U.S.C. 3332).

___ (58) 52.232-34, Payment by Electronic Funds

Transfer-Other than System for Award Management

(Jul 2013) (31 U.S.C.3332).

___ (59) 52.232-36, Payment by Third Party (May

2014) (31 U.S.C.3332).

XX (60) [52.232-40, Providing Accelerated

Payments to Small Business Subcontractors (DEC

2013) (DEVIATION APR 2020) (31 U.S.C. 3903 and 10

U.S.C. 2307).

___ (61) 52.239-1, Privacy or Security Safeguards

(Aug 1996) (5 U.S.C. 552a).

___ (62) 52.242-5, Payments to Small Business

Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

___ (63) (i) 52.247-64, Preference for Privately

Owned U.S.-Flag Commercial Vessels (Feb 2006) (46

U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

__ (iii) Alternate II (Feb 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

___ (1) 52.222-17, Nondisplacement of Qualified

Workers (May 2014)(E.O. 13495).

___ (2) 52.222-41, Service Contract Labor

Standards (Aug 2018) (41 U.S.C. chapter 67).

Continued ...

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___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and

41 U.S.C. chapter 67).

___ (4) 52.222-43, Fair Labor Standards Act and

Service Contract Labor Standards-Price Adjustment

(Multiple Year and Option Contracts) (Aug 2018)

(29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (5) 52.222-44, Fair Labor Standards Act and

Service Contract Labor Standards-Price Adjustment

(May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter

67).

___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of

Certain Equipment-Requirements (May 2014) (41

U.S.C. chapter 67).

XX (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41

U.S.C. chapter 67).

___ (8) 52.222-55, Minimum Wages Under Executive

Order 13658 (Dec 2015).

___ (9) 52.222-62, Paid Sick Leave Under

Executive Order 13706 (Jan 2017) (E.O. 13706).

___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C.

1792).

(d) Comptroller General Examination of Record.

The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and

Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the

Comptroller General, shall have access to and right to examine any of the Contractor's directly

Continued ...

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75R60120Q00009 pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor

Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the

Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain

Internal Confidentiality Agreements or Statements

(Jan 2017) (section 743 of Division E, Title VII, Continued ...

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75R60120Q00009 of the Consolidated and Further Continuing

Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for

Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered

Entities (Jul 2018) (Section 1634 of Pub. L.

115-91).

(iv) 52.204-25, Prohibition on Contracting for

Certain Telecommunications and Video Surveillance

Services or Equipment. (Aug 2019) (Section

889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business

Concerns (Oct 2018) (15 U.S.C.637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract

(except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-17, Nondisplacement of Qualified

Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(vii) 52.222-21, Prohibition of Segregated

Facilities (Apr 2015).

(viii) 52.222-26, Equal Opportunity (Sept 2015)

(E.O.11246).

(ix) 52.222-35, Equal Opportunity for Veterans

(Oct 2015) (38 U.S.C.4212).

(x) 52.222-36, Equal Opportunity for Workers with

Disabilities (Jul 2014) (29 U.S.C.793).

(xi) 52.222-37, Employment Reports on Veterans

(Feb 2016) (38 U.S.C.4212).

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(xii) 52.222-40, Notification of Employee Rights

Under the National Labor Relations Act (Dec 2010)

(E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xiii) 52.222-41, Service Contract Labor

Standards (Aug 2018) (41 U.S.C. chapter 67).

(xiv)

(A) 52.222-50, Combating Trafficking in Persons

(Jan 2019) (22 U.S.C. chapter 78 and E.O 13627).

(B) Alternate I (Mar 2015) of 52.222-50(22 U.S.C.

chapter 78and E.O 13627).

(xv) 52.222-51, Exemption from Application of the

Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain

Equipment-Requirements (May 2014) (41 U.S.C.

chapter 67).

(xvi) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41

U.S.C. chapter 67).

(xvii) 52.222-54, Employment Eligibility

Verification (Oct 2015) (E.O. 12989).

(xviii) 52.222-55, Minimum Wages Under Executive

Order 13658 (Dec 2015).

(xix) 52.222-62, Paid Sick Leave Under Executive

Order 13706 (Jan 2017) (E.O. 13706).

(xx) (A) 52.224-3, Privacy Training (Jan 2017) (5

U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xxi) 52.225-26, Contractors Performing Private

Security Functions Outside the United States (Oct

2016) (Section 862, as amended, of the National

Defense Authorization Act for Fiscal Year 2008;

10 U.S.C. 2302 Note).

Continued ...

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(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C.

1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiii) 52.247-64, Preference for Privately Owned

U.S.-Flag Commercial Vessels (Feb 2006) (46

U.S.C. Appx.1241 (b) and 10 U.S.C.2631). Flow down required in accordance with paragraph (d) of

FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

FAR 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 30 days. (End of clause)

FAR 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 30 days provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 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 60 months. (End of clause)

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52.232-40 Providing Accelerated Payments to Small

Business Subcontractors (Dec 2013)

[(DEVIATION APR 2020)]

(a) (1) In accordance with 31 U.S.C. 3903 and 10 U.S.C. 2307, upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract [in accordance with the accelerated payment date established], to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, [with a goal of 15 days] after receipt of a proper invoice and all other required documentation from the small business subcontractor [if a specific payment date is not established by contract.

(2) The Contractor agrees to make such payments to its small business subcontractors without further consideration from or fees charged to the subcontractor].

(b) The acceleration of payments under this clause does not provide any new rights under the

Prompt Payment Act.

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

(End of clause)

The following HHSAR Clauses have been incorporated by reference:

HHSAR 352.222-70; Contractor Cooperation in Equal

Employment Opportunity Investigations - Dec. 18, Note to Contractor:

The Contracting Officer Representative (COR) does not possess the authority to approve additional hours/services/changes in the period of performance and/or pricing under this

Continued ...

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75R60120Q00009 procurement. The Contracting Officer (CO) is the only entity that can authorize these type of changes. A written request should be forwarded to the Contracting Office Point of Contact prior to providing the Government additional hours/services. Once your written request has been submitted, an official modification document or verbal approval from the HRSA Contracting

Office should be received before proceeding.

Failure to comply could result in cost overruns that will not be the responsibility of the

Government.

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Title: Sony SH800 Flow Cytometer (FACS) Service Maintenance Agreement

Attachment A Statement of Work (SOW)

Date: August 10, 2020

I. BACKGROUND

The Department of Health and Human Services (HHS), Health Resources and Services Administrations (HRSA), Healthcare Systems Bureau (HSB) provides for care, treatment, education, and research on Hansen’s Disease (HD, Leprosy) through the National Hansen’s Disease Programs (NHDP), centered in Baton Rouge, Louisiana. The Laboratory Research Branch (LRB) of NHDP conducts extensive research and requires maintenance services on scientific equipment to avoid potential disruptions in operations.

II. PURPOSE/GENERAL DESCRIPTION

The purpose of this requirement is to provide a service maintenance agreement for a SH800 Fluorescence Activated Cell Sorter / Flow Cytometer (FACS) System (S/N 4001802) located at the NHDP LRB in Baton Rouge, LA 70803. The service agreement shall include preventative maintenance, routine maintenance, and emergency maintenance, as well as software updates and remote technical support.

III. PERIOD OF PERFORMANCE/PLACE OF PERFORMANCE

The period of performance shall be a base period of 12 months plus four 12-month option periods.

The estimated start date shall be September 26, 2020. Exact dates will be specified at time of award.

The place of performance for on-site maintenance services shall be NHDP LRB, 1909 Skip Bertman Drive, Baton Rouge, LA 70803. Remote maintenance services shall be performed from the contractor’s facility.

CORE DAYS AND HOURS OF OPERATION

The core days and hours of operation are Monday through Friday, between the hours of 8:00 AM and 4:00 PM Central Time. Overtime will not be authorized.

No services or deliverables shall be provided on Saturdays, Sundays, Federal Government Holidays, or any other day as set forth by Presidential Executive Order, or any other Federal Government closures. The following Federal Government holidays are established by law (5 U.S.C. 6103):

• New Year's Day (January 1).

• Birthday of Martin Luther King, Jr. (Third Monday in January).

• Washington's Birthday (Third Monday in February).

• Memorial Day (Last Monday in May).

• Independence Day (July 4).

• Labor Day (First Monday in September).

• Columbus Day (Second Monday in October).

• Veterans Day (November 11).

• Thanksgiving Day (Fourth Thursday in November).

• Christmas Day (December 25).

IV. TASKS

Task 1: Preventative and Routine Maintenance Service

The contractor shall provide preventative and routine maintenance service for one (1) each SH800 Fluorescence Activated Cell Sorter / Flow Cytometer (FACS) System (S/N 4001802). This shall include dedicated phone support, one (1) preventative maintenance visit which shall occur within 30 days after award and each option period thereafter, unlimited on-site repair to include parts and labor, software updates, and travel. The contractor shall replace all fluid line filters and the sample probe during preventative maintenance. A preventative maintenance report shall be submitted to the Contracting Officer Representative (COR) within 30 days after performance.

Task 2: Emergency Maintenance Service

The Contractor shall provide the following on an ad-hoc basis:

The contractor shall perform emergency maintenance services for any emergent problems with the equipment that interrupts, prohibits, and/or slows manufactures operational features of the equipment. These services shall address all items as detailed in the manufacturer’s reference manuals and shall include cleaning, calibrating, lubricating, reviewing software diagnostics, software updates, risk assessments, testing and replacing faulty or worn parts, inspecting electrical and mechanical components, and returning equipment to operating condition as defined by the manufacturer.

Emergency maintenance services shall be provided within 24 hours via phone or if the problem cannot be resolved via phone the contractor shall provide on-site support within 72 hours.

Emergency maintenance services shall be scheduled by the COR.

Task 3: Labor, Parts, Tools, Manuals, Software, and Travel

The contractor shall supply all labor, parts, tools, manuals, software, and travel required to perform all aspects of this SOW; excluding consumable items. All parts that will be used on this equipment shall be certified by the manufacturer’s specifications. All software shall be compatible with the system and shall not disrupt equipment operations.

Task 4: Software Updates

The contractor shall provide all software updates as required for the equipment to maintain its operational ability. All software updates shall be compatible to the equipment as dictated by the manufacture. Software updates shall be done on-site.

Task 5: Remote Technical Support

The Contractor shall provide remote technical support by a senior level technician to provide troubleshooting, error correction, and guidance on usage of the equipment. This support shall provide the end user the ability to identify problems in order to mitigate the concern through a step-by step process.

V. SCHEDULE OF DELIVERABLES

The contractor shall submit the following deliverables as identified in the tasks listed in the SOW and in the quantities stipulated and during the periods listed below.

VI. PAYMENT SCHEDULE

The contractor shall submit monthly invoices on a firm-fixed price basis after services are rendered and accepted by the Government.

Schedule of Reports, Invoices, and Deliverables Item Quantity Due Date Format and Place to Report

Task 1:

Preventative Maintenance Report

1 per 12 month Period of Performance

Within 30 days after preventative maintenance is performed

Report…