Solicitation - FA812621Q0058.pdf

Combined Synopsis/Solicitation

(IAW FAR 12.603)

Solicitation Number: FA8126-21-Q-0058

JEOL SEM Service

This is a combined synopsis/solicitation for commercial services prepared in accordance with the formats in Subpart 12.6 and

Subpart 13.5, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

This solicitation is being issued as Request for Quote (RFQ) IAW FAR Part 13.

The Air Force Sustainment Center (AFSC/PZIMB) at Tinker Air Force Base Oklahoma, intends to award a Sole Source, Firm-

Fixed-Price contract for the acquisition of services listed below. This solicitation is a sole source requirement to JEOL USA, Inc. (CAGE 51043). The contract will be issued for one (1) base year and four (4) one-year options. All responsible sources may submit a capability statement and proposal, which shall be considered by the agency. Please see attached

Performance Work Statement for details.

CLIN # Service Description Quantity Unit of

Issue Period of Performance

Base Year Preventative Maintenance (PM) for the Scanning Electron Microscope JSM

IT300LV Service Level Agreement SN

MP1372001250125. Contractor shall provide all labor, tools, equipment, test equipment, material, parts, quality control, transportation and inspection manuals necessary to perform (2) PM annually at the Oklahoma City-Air Logistics Complex

(OC-ALC) in accordance with (IAW) the terms and conditions outlined herein and conform to the manufacturer's equipment specifications and conforming to this

Performance Work Statement (PWS). The equipment is listed in Appendix A

Equipment List. The CLIN and price includes travel IAW the JTR.

1 Each 6 Aug 2021 – 5 Aug 2022

Option Year I Preventative Maintenance

(PM) for the Scanning Electron Microscope

JSM IT300LV Service Level Agreement SN

MP1372001250125. Contractor shall provide all labor, tools, equipment, test equipment, material, parts, quality control, transportation and inspection manuals necessary to perform (2) PM annually at the

Oklahoma City-Air Logistics Complex (OC-

ALC) in accordance with (IAW) the terms and conditions outlined herein and conform to the manufacturer's equipment specifications and conforming to this

Performance Work Statement (PWS). The equipment is listed in Appendix A Equipment

List. The CLIN and price includes travel IAW the JTR.

1 Each 6 Aug 2022 – 5 Aug 2023

Option Year II Preventative Maintenance

(PM) for the Scanning Electron Microscope

JSM IT300LV Service Level Agreement SN

MP1372001250125. Contractor shall provide all labor, tools, equipment, test equipment, material, parts, quality control, transportation and inspection manuals necessary to perform (2) PM annually at the

Oklahoma City-Air Logistics Complex (OC-

ALC) in accordance with (IAW) the terms and conditions outlined herein and conform to the manufacturer's equipment specifications and conforming to this

Performance Work Statement (PWS). The equipment is listed in Appendix A Equipment

List. The CLIN and price includes travel IAW the JTR.

1 Each 6 Aug 2023 – 5 Aug 2024

Option Year III Preventative Maintenance

(PM) for the Scanning Electron Microscope

JSM IT300LV Service Level Agreement SN

MP1372001250125. Contractor shall provide all labor, tools, equipment, test equipment, material, parts, quality control, transportation and inspection manuals necessary to perform (2) PM annually at the

Oklahoma City-Air Logistics Complex (OC-

ALC) in accordance with (IAW) the terms and conditions outlined herein and conform to the manufacturer's equipment specifications and conforming to this

Performance Work Statement (PWS). The equipment is listed in Appendix A Equipment

List. The CLIN and price includes travel IAW the JTR.

1 Each 6 Aug 2024 – 5 Aug 2025

Option Year IV Preventative Maintenance

(PM) for the Scanning Electron Microscope

JSM IT300LV Service Level Agreement SN

MP1372001250125. Contractor shall provide all labor, tools, equipment, test equipment, material, parts, quality control, transportation and inspection manuals necessary to perform (2) PM annually at the

Oklahoma City-Air Logistics Complex (OC-

ALC) in accordance with (IAW) the terms and conditions outlined herein and conform to the manufacturer's equipment specifications and conforming to this

Performance Work Statement (PWS). The equipment is listed in Appendix A Equipment

List. The CLIN and price includes travel IAW the JTR.

1 Each 6 Aug 2025 – 5 Aug 2026

“Notice to Vendor(s)/Supplier(s): The Government reserves the right to cancel this solicitation, either before or after the closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse a vendor for any costs.”

Vendor is required to “wet” sign/date and fill in the vendor information, delivery and pricing on page 2, complete the CLIN

Unit Pricing on page 3, the Tax Clause on page 48, the clause 52.204-26 on page 47, and if needed the clause 52.204-24 on page 46. Submit proof of technical evaluation criteria needed to fulfill this requirement. Please return 1 signed copy to the issuing office. Contractor agrees to provide all services set forth or otherwise identified above and on any additional sheets subject to the terms and conditions specified herein.

Contractor is required to provide commercial product literature for all items quoted showing that they are authorized by the OEM to provide this service.

VENDOR SHOULD PROVIDE A COMPANY QUOTATION SHEET IN CONJUNCTION WITH THIS RESPONSE

PAGE. The quotation sheet must provide adequate documentation showing that the service being quoted meets the specifications listed in the Performance of Work Statement in order to be considered for award.

Quotation Submission Information:

Quotations are due by 27 July 2021, 1:00 PM, Tinker AFB OK Central Daylight Time (CDT). Contact the following individual for information regarding this solicitation:

NOTE: Emailed quotations are preferred

Alicia McGill

Contract Specialist alicia.mcgill@us.af.mil

EVALUATION OF RESPONSES:

Award will be conducted and evaluated under the provisions of FAR Part 12 Commercial Items and FAR Part 13, Simplified

Acquisition Procedures.

The responsible vendors must be registered in the System for Award Management (SAM) database (available at:

https://www.sam.gov/portal/public/SAM/). Lack of registration in SAM will qualify the contractor as ineligible for award.

Contract award will be made to the vendor who is technically acceptable with the lowest evaluated price. Vendors must be authorized to perform repairs on the proprietary equipment to be considered for award. If unauthorized, the proposal will be found technically unacceptable and unawardable., https://www.sam.gov/portal/public/SAM/

REQUISITION NUMBER:

F3YCEB1181A104

SOLICITATION NUMBER

FA8126-21-Q-0058

SOLICITATION ISSUE DATE:

13 July 2021

SOLICITATION DUE DATE:

27 July 2021

THIS ACQUISITION IS:

Full and Open Competition

100% Small Business Set

Aside

Sole Source

SIZE STD:

$22.0M

FEDERAL SUPPLY CLASS:

J066

NAICS:

811219

DELIVERY:

SEE ITEM DESC

FOB DESTINATION X

FOB ORIGIN

DPAS RATING:

METHOD OF

SOLICITATION:

REQUEST FOR QUOTE

1. VENDOR INFORMATION

BUSINESS NAME:

STREET ADDRESS: CITY, STATE, ZIP:

CAGE CODE and DUNS:

BUSINESS WEB ADDRESS:

CONTACT PERSON:

TELEPHONE: FAX:

E-MAIL:

2. Pricing Information and Certification of Response

Total Proposed Unit Price: Proposed Delivery Date:

Vendor’s Authorized Representative's Signature Date

Type or Print Name Position or Title

Vendor is Required to fill-in pages 2, 3, and 46-48 if needed. Please “wet” sign page 2 of this solicitation, and return 1 copy to issuing office. Vendor agrees to furnish and deliver all services set forth or otherwise identified above and on any additional sheets subject to the terms and conditions specified herein.

X https://conit.af.mil/suite/sites/procurement-personnel-home/page/home/record/lcBNS8-f6ETGDot5nuu7aAeUbdYN_HzB2kLH-BHMQyPvzwNUQy2DPsjPP8flW_p7g5V1hEW-ASjvYrFMiCTz456hePxPlTpZSKrZY5YsjkIm6xOWgSkafY/view/summary

FA812621Q0058

Supplies or Services and Prices/Cost

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price Amount

Base Year Preventative Maintenance for the Scanning Electron Microscope JSM IT300LV Service Level Agreement SN MP1372001250125. Contractor shall provide all labor, tools, equipment, test equipment, material, parts, quality control, transportation and inspection manuals necessary to perform (2) Preventive Maintenance (PM) annually at the Oklahoma City-Air Logistics Complex (OC-ALC) in accordance with (IAW) the terms and conditions outlined herein and conform to the manufacturer's equipment specifications and conforming to this Performance Work Statement (PWS). The equipment is listed in Appendix A Equipment List. The CLIN and price includes travel IAW the JTR.

Product Service Code: J066 Firm Fixed Price

CIN: F3YCEB1181A1040000AA

1 Each

Option Line Item

Option Year I Preventative Maintenance for the Scanning Electron Microscope JSM IT300LV Service Level Agreement SN MP1372001250125. Contractor shall provide all labor, tools, equipment, test equipment, material, parts, quality control, transportation and inspection manuals necessary to perform (2) Preventive Maintenance (PM) annually at the Oklahoma City-Air Logistics Complex (OC-ALC) in accordance with (IAW) the terms and conditions outlined herein and conform to the manufacturer's equipment specifications and conforming to this Performance Work Statement (PWS). The equipment is listed in Appendix A Equipment List. The CLIN and price includes travel IAW the JTR.

Product Service Code: J066 Firm Fixed Price

1 Each

Option Line Item

Option Year II Preventative Maintenance for the Scanning Electron Microscope JSM IT300LV Service Level Agreement SN MP1372001250125. Contractor shall provide all labor, tools, equipment, test equipment, material, parts, quality control, transportation and inspection manuals necessary to perform (2) Preventive Maintenance (PM) annually at the Oklahoma City-Air Logistics Complex (OC-ALC) in accordance with (IAW) the terms and conditions outlined herein and conform to the manufacturer's equipment specifications and conforming to this Performance Work Statement (PWS). The equipment is listed in Appendix A Equipment List. The CLIN and price

1 Each includes travel IAW the JTR.

Product Service Code: J066 Firm Fixed Price

Option Line Item

Option Year III Preventative Maintenance for the Scanning Electron Microscope JSM IT300LV Service Level Agreement SN MP1372001250125. Contractor shall provide all labor, tools, equipment, test equipment, material, parts, quality control, transportation and inspection manuals necessary to perform (2) Preventive Maintenance (PM) annually at the Oklahoma City-Air Logistics Complex (OC-ALC) in accordance with (IAW) the terms and conditions outlined herein and conform to the manufacturer's equipment specifications and conforming to this Performance Work Statement (PWS). The equipment is listed in Appendix A Equipment List. The CLIN and price includes travel IAW the JTR.

Product Service Code: J066 Firm Fixed Price

1 Each

Option Line Item

Option Year IV Preventative Maintenance for the Scanning Electron Microscope JSM IT300LV Service Level Agreement SN MP1372001250125. Contractor shall provide all labor, tools, equipment, test equipment, material, parts, quality control, transportation and inspection manuals necessary to perform (2) Preventive Maintenance (PM) annually at the Oklahoma City-Air Logistics Complex (OC-ALC) in accordance with (IAW) the terms and conditions outlined herein and conform to the manufacturer's equipment specifications and conforming to this Performance Work Statement (PWS). The equipment is listed in Appendix A Equipment List. The CLIN and price includes travel IAW the JTR.

Product Service Code: J066 Firm Fixed Price

1 Each

Description/Specifications/Statement of Work

Requirements Preventative Maintenance (PM) for the Scanning Electron Microscope JSM IT300LV Service Level Agreement

SN MP1372001250125.

Inspection and Acceptance

0001 Inspection and Acceptance Location Both Destination Instructions: Contact GPOC

DoDAAC: F3YCEB Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

OC ALC OBC

AF BPN NO MILSBILLS PROCESSES

BLDG 3001 STAFF DR DR G70 POST

N68

TINKER AFB, OK 73145

UNITED STATES

OfficeCode:

Rudy Villa Telephone: 405-582-9602

Option Line Item 0002 Inspection and Acceptance Location Both Destination Instructions: Contact GPOC

DoDAAC: F3YCEB Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

OC ALC OBC

AF BPN NO MILSBILLS PROCESSES

BLDG 3001 STAFF DR DR G70 POST

N68

TINKER AFB, OK 73145

UNITED STATES

OfficeCode:

Rudy Villa Telephone: 405-582-9602

Option Line Item 0003 Inspection and Acceptance Location Both Destination Instructions: Contact GPOC

DoDAAC: F3YCEB Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

OC ALC OBC

AF BPN NO MILSBILLS PROCESSES

BLDG 3001 STAFF DR DR G70 POST

N68

TINKER AFB, OK 73145

UNITED STATES

OfficeCode:

Rudy Villa Telephone: 405-582-9602

Option Line Item 0004 Inspection and Acceptance Location Both Destination Instructions: Contact GPOC

DoDAAC: F3YCEB Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

OC ALC OBC

AF BPN NO MILSBILLS PROCESSES

BLDG 3001 STAFF DR DR G70 POST

N68

TINKER AFB, OK 73145

UNITED STATES

OfficeCode:

Rudy Villa Telephone: 405-582-9602

Option Line Item 0005 Inspection and Acceptance Location Both Destination Instructions: Contact GPOC

DoDAAC: F3YCEB Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

OC ALC OBC

AF BPN NO MILSBILLS PROCESSES

BLDG 3001 STAFF DR DR G70 POST

N68

TINKER AFB, OK 73145

UNITED STATES

OfficeCode:

Rudy Villa Telephone: 405-582-9602

Deliveries or Performance

Contractor Destination

Delivery Schedule

Period of Performance From

06 AUG 2021

To

05 AUG 2022

Option Line Item 0002 Delivery Schedule

Period of Performance From

06 AUG 2022

To

05 AUG 2023

Option Line Item 0003 Delivery Schedule

Period of Performance From

06 AUG 2023

To

05 AUG 2024

Option Line Item 0004 Delivery Schedule

Period of Performance From

06 AUG 2024

To

05 AUG 2025

Option Line Item 0005 Delivery Schedule

Period of Performance From

06 AUG 2025

To

05 AUG 2026

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.242-15 Stop-Work Order. 1989-08 52.247-34 F.o.b. Destination. 1991-11

Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.201-7000 Contracting Officer's Representative. 1991-12 252.204-7006 Billing Instructions. 2005-10 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. 2018-12

DFARS Clauses Incorporated by Full Text

252.232-7006 Wide Area WorkFlow Payment Instructions. 2018-12

As prescribed in 232.7004(b), use the following clause:

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(a) As used in this clause-Definitions.

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

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

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

"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) The WAWF system provides the method to electronically process vendor payment requests and receiving reports, asElectronic invoicing.

authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

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

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

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

(d) The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the PracticeWAWF training.

Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/

(e) Document submissions may be via web entry, Electronic Data Interchange, or File TransferWAWF methods of document submission.

Protocol.

(f) The Contractor shall use the following information when submitting payment requests and receiving reportsWAWF payment instructions.

in WAWF for this contract or task or delivery order:

(1) The Contractor shall submit payment requests using the following document type(s):Document type.

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items-

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

2in1

(Contracting Officer: Insert either "Invoice 2in1" or the applicable invoice and receiving report document type(s) for fixed price line items for services.)

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

(f) [Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.]

(3) The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields inDocument routing.

WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC F03000

Issue By DoDAAC FA8126

Admin DoDAAC FA8126

Inspect By DoDAAC ____

Ship To Code ____

Ship From Code ____

Mark For Code ____

Service Approver (DoDAAC) F3YCEB

Service Acceptor (DoDAAC) FA8126

Accept at Other DoDAAC ____

LPO DoDAAC ____

DCAA Auditor DoDAAC ____

Other DoDAAC(s) ____

(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert "See Schedule" or "Not applicable.")

(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)

(4) The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in Payment request.

accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F. Receiving report.

(g) WAWF point of contact.

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

Jocelyn Johnson

(Contracting Officer: Insert applicable information or "Not applicable.")

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

Special Contract Requirements

Contract Clauses

FAR Clauses Incorporated by Reference Number Title Effective Date 52.219-6 Notice of Total Small Business Set-Aside. 2020-11 52.222-50 Combating Trafficking in Persons. 2020-10 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. 2020-06 52.225-13 Restrictions on Certain Foreign Purchases. 2008-06 52.232-33 Payment by Electronic Funds Transfer-System for Award Management. 2018-10 52.253-1 Computer Generated Forms. 1991-01 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation.

2017-01

DFARS Clauses Incorporated by Reference Number Title Effective Date

252.225-7016 Restriction on Acquisition of Ball and Roller Bearings. 2011-06 252.215-7007 Notice of Intent to Resolicit. 2012-06

52.204-19 Incorporation by Reference of Representations and Certifications. 2014-12 As prescribed in 4.1202(b), insert the following clause.

INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)

The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

52.222-25 Affirmative Action Compliance. 1984-04 As prescribed in 22.810(d), insert the following provision:

AFFIRMATIVE ACTION COMPLIANCE (APR 1984)

The offeror represents that-

(a) It has developed and has on file, has not developed and does not have on file, at each establishment, affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2); or

(b) It has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(End of clause)

52.204-7 System for Award Management.

As prescribed in 4.1105(a)(1), use the following provision:

System for Award Management (Oct 2018) (a)Definitions. As used in this provision-- "Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Registered in the System for Award Management (SAM) means that- (1)The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into SAM (2)The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in SAM;

(3)The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and (4)The Government has marked the record "Active". Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b) (1)An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2)The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in the SAM.

(c)If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:

(1)Company legal business name.

(2)Tradestyle, doing business, or other name by which your entity is commonly recognized.

(3)Company physical street address, city, state, and Zip Code.t (4)Company mailing address, city, state and Zip Code (if separate from physical).

(5)Company telephone number.

(6)Date the company was started.

(7)Number of employees at your location.

(8)Chief executive officer/key manager.

(9)Line of business (industry).

(10)Company headquarters name and address (reporting relationship within your entity).

(d)Processing time should be taken into consideration when registering. Offerors who are not registered in SAM should consider applying for registration immediately upon receipt of this solicitation. See https://ww.sam.gov for information on registration.

(End of provision)

52.212-4 Contract Terms and Conditions-Commercial Items.

As prescribed in 12.301(b)(3), insert the following clause:

Contract Terms and Conditions-Commercial Items (Oct 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.-

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.

C.3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if-

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv)If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v)Amounts shall be due at the earliest of the following dates:

(A)The date fixed under this contract.

(B)The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi)The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on- (A)The date on which the designated office receives payment from the Contractor;

(B)The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or (C)The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii)The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1)Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or (2)Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.

b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the

Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C.

1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C.

431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.

C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C.

40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1)The schedule of supplies/services.

(2)The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3)The clause at 52.212-5.

(4)Addenda to this solicitation or contract, including any license agreements for computer software.

(5)Solicitation provisions if this is a solicitation.

(6)Other paragraphs of this clause.

(7)The Standard Form 1449.

(8)Other documents, exhibits, and attachments.

(9)The specification.

(t)[Reserved] (u)Unauthorized Obligations.

(1)Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i)Any such clause is unenforceable against the Government.

(ii)Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii)Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2)Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v)Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

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

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

1. Basis for Contract Award:

The Award will be conducted and evaluated under the provisions of FAR Part 12, Commercial Items and FAR Part 13, Simplified Acquisition Procedures. This acquisition will utilize technical acceptability and price as evaluation factors. Technical tradeoffs will not be made and no additional credit will be given for exceeding acceptability. Award will be made to the vendor who is technically acceptable with the lowest total evaluated price (TEP) and whose quotation conforms to the solicitation requirements (to include all stated terms, conditions, representations, and certifications and all other information required by FAR 52.212-1 of this solicitation.) The Government reserves the right to award without interchanges. However, the Government reserves the right to conduct interchanges if determined necessary by the Contracting Officer.

The responsible vendor(s) must be registered in the System for Award Management (SAM) database (available at: https://www.sam.gov/portal/public/SAM/) and submit a completed copy of the Offeror Representations and Certifications - Commercial Items with their response. Lack of registration in SAM will disqualify the vendor and declare them ineligible for award.

The Oklahoma CityAir Logistics Center (AFSC/PZIMB) at Tinker Air Force Base Oklahoma intends to issue a commercial firm fixed price contract for this acquisition.

2. Number of Contracts to be Awarded:

The Government intends to select one vendor for contract award. However, the Government reserves the right to award no contract at all; depending on the quality of the proposals, prices submitted and the availability of funds, or other factors identified by the Contracting Officer.

3. Rejection of Unreasonable Offers:

The Government may reject any proposal that is evaluated to be unrealistic in terms of program commitments, including contract terms and conditions, or unrealistically high or low in cost/price when compared to Government estimates; such that the proposal is deemed to reflect an inherent lack of competence or failure to comprehend the complexity and risks of the program, item, or service.

4. Correction Potential of Proposals:

The Government will consider, throughout the evaluation, the "correction potential" of any proposal uncertainty.

The judgment of such "correction potential" is within the sole discretion of the Government. If an aspect of a vendor's proposal not meeting the Governments requirements is not considered correctable, the vendor may be eliminated.

5. Evaluation Factors Factor 1--Technical Proposal Factor 2--Cost/Price

a. Evaluation Methodology:

The Government will evaluate all technical factors concurrently for the three (3) lowest priced proposals.

Should all three (3) evaluated proposals be found technically unacceptable, the next one (1) lowest priced offeror will be reviewed for technical acceptance. Then, price will be evaluated and the lowest priced proposal will be selected, either initially or as a result of clarifications.

Award will be made to the lowest evaluated priced proposal meeting the acceptability standards for the non-cost factors.

b. Technical Factor:

Acceptable - The proposal meets specified minimum technical evaluation requirements necessary for acceptable contract performance.

Unacceptable - The proposal fails to meet specified minimum technical evaluation requirements necessary for contract performance. Proposals with an unacceptable rating are not awardable.

Technical acceptability will be based on an evaluation of proposals against the criteria stated below and other technical specifications in the Item Description. Offerors are required to present all the information as stated in the Instructions to Offerors, FAR 52.212-1. The minimum technical evaluation requirement is met when the Offeror's proposal thoroughly substantiates all the following essential criteria:

"CONTRACTOR MUST PROVIDE A WRITTEN STATEMENT TO EXPLAIN HOW THEY ARE

MEETING THE TECHNICAL EVALUATION CRITERIA LISTED BELOW. A STATEMENT OF "I

CONCUR" OR "CONCUR" WILL NOT BE ACCEPTED AND COULD DEEM YOUR PROPOSAL

TECHNICALLY UNACCEPTABLE. THE WRITTEN STATEMENT IS ESSENTIAL FOR YOUR QUOTE

TO BE RESPONSIVE AND BE REFERRED FOR TECHNICAL REVIEW."

TECHNICAL EVALUATION CRITERIA

Specific Requirement ACCEPTABLE NON-ACCEPTABLE REMARKS

1. The Contractor shall provide a one-year base contract with 4 one-year options comprehensive Preventive Maintenance (PM) support contract. The comprehensive PM support contract shall consist of the following:

. Two (2) Preventive Maintenance (PM) visits per year on the JEOL JSM-IT300LV Scanning Electron Microscope (SEM) (SN MP1372001250125) o Each PM visit shall include the following:

. One complete cleaning of the SEM (i.e. column) . One complete cleaning of the Vacuum Pumps . Contractor shall perform regular system calibrations and software updates . Contractor shall ensure that the JEOL JSM-IT300LV SEM (SN MP1372001250125) is fully functional during the contract's period of performance.

o Upon system failure or operational problems, contractor shall respond within 24 hours of the trouble call.

o The contractor shall provide telephone support of the SEM operating systems during normal business hours for troubleshooting and performance issues.

o Engineer labor and travel costs for in-person repairs shall be included at no additional cost during the PM contract period of performance.

o Contractor shall perform repairs on all systems provided with the original purchase and installation of the SEM (i.e. pumps, chillers, computer hardware and software, monitors).

. Repair Parts for covered equipment shall be included in the PM agreement at no additional cost.

. Covered equipment shall include the JEOL JSM-IT300LV Scanning Electron Microscope (SN MP1372001250125) listed in the Equipment List and shall cover the listed microscope parts in section 1.2 of the

PWS.

2. The Contractor shall provide all labor, tools, equipment, test equipment, material, parts, quality control, transportation and inspection manuals necessary to perform (1) Preventive Maintenance (PM) annually at the Oklahoma City-Air Logistics Complex (OC-ALC) in accordance with (IAW) the terms and conditions outlined herein and conform to the manufacturer's equipment specifications and conforming to sections 1.2 and 1.3 of the Performance Work Statement (PWS). The equipment is listed in Equipment List.

c. Cost/Price Factor:

Cost/Price Evaluation: The vendor's cost/price proposal will be evaluated for award purposes by adding the total price for basic requirements (basic award).

Total Evaluated Price: Price analysis will be performed to determine the reasonableness of the vendor's price proposal. Reasonableness will be based on the total evaluated price. The total evaluated price will be calculated as the sum of the Contract Line Item Numbers (CLINs) unit/extended prices plus other associated factors such as: first article testing costs, transportation costs, price evaluation adjustments for Small Disadvantaged Business Concerns, and application of labor hours to labor hour rates, etc.

Unreasonably Low Costs or Prices: Unreasonably low proposed costs or prices, initially or subsequently, may be grounds for eliminating a proposal from competition either on the basis that the offeror does not understand the requirement or the offeror has made an unrealistic proposal.

Unbalanced Pricing: Vendors are cautioned against submitting an offer that contains unbalanced pricing.

Unbalanced pricing may increase performance risk and could result in payment of unreasonably high prices.

Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly over or understated as indicated by the application of cost or price analysis techniques.

The Government shall analyze offers to determine whether they are unbalanced with respect to separately priced line items or subline items. Offers that are determined to be unbalanced may be rejected if the contracting officer determines that the lack of balance poses an unacceptable risk to the Government.

6. Determination of Contractor Responsibility

To be eligible for award, a vendor must be determined responsible. A Determination of Contractor Responsibility will be conducted in accordance with FAR 9.1 (SAM and FAPIIS). A vendor who receives a determination of non-responsibility will not be eligible to receive the contract award.

7. Interchanges:

It is the Government's intent to award without interchanges; therefore, it is imperative that vendors submit their best terms initially. However, if during the evaluation period; it is determined to be in the best interest of the Government to hold interchanges, those interchanges will be considered in making the source selection decision.

8. SOLICITATION REQUIREMENTS, TERMS AND CONDITIONS

Vendors are required to meet all solicitation requirements, such as terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors or sub-factors, and all technical specifications of the item description. Failure to meet a requirement may result in an offer being ineligible for award. Vendors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale. In the case that a discrepancy exist between the Instruction to Offerors (ITO) and the evaluation factors for award, the evaluation criteria in 52.212-2 will take precedence.

(End of provision)

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

As prescribed in 204.2105 (c), use the following clause:

PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS

EQUIPMENT OR SERVICES…