SOW_BDEquip.pdf

STATEMENT OF WORK

1.0 TITLE

Maintenance and Service Contract for various Government-Owned Becton Dickinson and Company Flow Cytometer Equipment

2.0 BACKGROUND

The U.S. Department of Health and Human Services (HHS), National Institutes of Health (NIH), National Cancer Institute (NCI), Center for Cancer Research (CCR) requires maintenance and support for thirteen (13) Government-owned Becton Dickinson and Company Flow Cytometers (FACSymphony A5, FACSymphony A3, LSR Fortessa) which are used extensively in support of ongoing cancer research and patient care efforts.

3.0 SCOPE

The Contractor shall provide all labor, material, and equipment necessary to maintain and provide preventive maintenance for the following equipment and their associated components:

1. Becton, Dickinson, and Company FACSymphony A5 (Serial No.: R66096400137)

2. Becton, Dickinson, and Company FACSymphony A5 (Serial No.: H66093700003)

3. Becton, Dickinson, and Company FACSymphony A5 (Serial No.: H66096400111)

4. Becton, Dickinson, and Company FACSymphony A3 (Serial No.: R66093700078)

5. Becton, Dickinson, and Company FACSymphony A3 (Serial No.: R66093700213)

6. Becton, Dickinson, and Company LSR Fortessa SORP (Serial No.: H64779500002)

7. Becton, Dickinson, and Company LSR Fortessa X-20 (Serial No.: H656385004)

8. Becton, Dickinson, and Company LSR Fortessa X-20 (Serial No.: R656385208)

9. Becton, Dickinson, and Company FACSymphony A5 (Serial No.: R66096400135)

10. Becton, Dickinson, and Company LSR Fortessa SORP (Serial No.: H64717700105)

11. Becton, Dickinson, and Company FACSymphony A5 ( Serial No.: R660964000078)

12. Becton, Dickinson, and Company LSR Fortessa SORP (Serial No.: H17700008)

13. Becton, Dickinson, and Company LSR Fortessa SORP (Serial No.: H64717700128)

All maintenance services shall be performed on-site in accordance with the Original Equipment Manufacturer’s (OEM) most current standard commercial maintenance practices. Onsite and emergency services shall be provided during standard business hours (Defined as 8:00 – 17:00 EST, Monday through Friday, excluding Federal Holidays found at (www.opm.gov/policy-data-oversight/pay-leave/federal-holidays) and extended hours (17:00 – 21:00 EST, Monday through Friday) for any issues not able to be resolved remotely, or during normal business hours.

Software updates/services may be provided remotely as applicable. All travel, labor, materials, and related charges shall be included in the purchase order price.

4.0 TYPE OF ORDER

This is a firm-fixed-price Purcahse Order for Severable Services.

5.0 GENERAL PERFORMANCE REQUIREMENTS

5.1 PREVENTIVE MAINTENANCE

The Contractor shall perform two (2) planned preventive maintenance during the contract period.

Technically qualified factory-trained personnel shall perform Service. Service shall consist of a thorough cleaning, calibration, adjusting, inspection, and testing of all equipment in accordance with the manufacturer’s latest established service procedures. All equipment shall be operationally tested through at least one (1) complete operating cycle at the end of the preventive maintenance inspection to assure optimum and efficient performance.

5.2 EMERGENCY SERVICE

On-site, emergency repair service visits shall be provided during the term of this contract at no additional cost to the government. Emergency service shall be provided during normal working hours, Monday through Friday, 8:00 – 17:00 EST, excluding Federal Holidays. Upon receipt of notice that any part of the equipment is not functioning properly the Contractor shall within fourty-eight (48) hours furnish a qualified factory-trained service representative to inspect the equipment and perform all repairs and adjustments necessary to restore the equipment to normal and efficient operating condition. Emergency service calls shall not replace the necessity for planned preventative maintenance. All labor, materials, and travel shall be included in the purchase order pricing.

5.3 REPLACEMENT PARTS

The Contractor shall furnish all required replacement parts at no additional cost to the Government, with the exception of consumables. All parts shall be OEM parts that are new or certified OEM remanufactured. Upon identification of required parts, they shall be delivered as soon as possible, usually within twenty-four (24) hours, or the following business day should the delivery falls on a Friday, or proceeding a Federal Holiday.

5.4 SOFTWARE UPDATES/SERVICE

The Contractor shall provide Software Service and updates in accordance with the manufacturer’s latest established service procedures at no additional cost to the Government.

Updates shall include error revisions, FDA-mandated updates, reliability fixes to existing software, and all other similar updates. Additionally, the Contractor shall provide telephone access to technical support for use of program software and troubleshooting of the operating systems, at no additional cost to the Government. The contractor shall receive advance approval for the installation of all software updates and revisions from the Government. Defective software shall be replaced at no additional cost to the government.

5.5 TECHNICAL SUPPORT

The Contractor shall provide unlimited toll-free technical telephone and email support at no additional cost to the Government. General technical support shall be available 24/7, and for trouble-shooting of the instrument and clinical application, support shall be available MON-FRI 8:00 – 17:00 EST, excluding Federal holidays.

5.6 SERVICE EXCLUSIONS

The Contractor shall not be responsible for any repairs necessitated by abuse, neglect, vandalism, Acts of God, fire or water. These repairs shall be the subject of a separate purchase order and shall not be performed under this contract. Further, the Contractor shall not be responsible for the supply or repair of consumables. Consumables for the purpose of this requirement are any item not directly associated with the covered types of equipment components, parts, or software.

5.7 PERSONNEL QUALIFICATIONS

Personnel shall have a minimum of three (3) years factory training and experience in the servicing of the Becton Dickinson LSR Fortessa, LSR Fortessa X-20, FACSymphony A3, FACSymphony A5, and FACSymphony S6 instruments and all of the additional components including: High Throughput Sampler, FACSFlow, Coherent G4 UV laser, Coherent Sapphire Lasers, Coherent MPB Lasers and Coherent OBIS Lasers as covered by this contract.Technically qualified, OEM-trained, and authorized service technicians shall perform all required services, and provide technical support for equipment specified above in Section 3.0. The technicians shall be specifically trained on covered equipment, associated accessories, and software. Technicians must have access to the latest official instrument documentation and software resources. All primary service personnel shall have at least one backup support person with at least the same level of expertise on the equipment covered by this contract.

5.8 FIELD SERVICE REPORTS

Field Service Reports (FSR): The contractor shall provide an electronic FSR to NCI’s Technical Point of Contact (TPOC) within seventy-two (72) of hours of completion of any services performed on equipment or software covered under this requirement. The Contractor shall complete FSR to include at a minimum, the following:

1. Contractors Name

2. Technician’s name, telephone number, and signature

3. Date and Time at which services were performed

4. Equipment Make, Model, and Serial Number

5. Summary of malfunction/issue

6. Summary of work performed

7. Certification that equipment is fully operational

FSR shall be delivered in Microsoft Office 2013 or newer Word formats or Adobe PDF, unless prior approval for another format has been obtained from the TPOC.

6.0 PLACE OF PERFORMANCE

Onsite services shall be performed at the following locations:

LAB POINT OF

CONTACT

LOCATION EQUIPMENT

TBD UPON

AWARD

NIH, Main campus 9000 Rockville Pike 10 Center Dr Bldg 10, Room 3-3297

LSR Fortessa SORP (H64717700105)

TBD UPON

AWARD

NIH, Main campus 9000 Rockville Pike 10 Center Dr Bldg 10, Room 3-5897

FACSymphony A3 (Serial No.: R66093700078) FACSymphony A3 (Serial No.: R66093700213)

NIH, Main campus 9000 Rockville Pike 10 Center Dr Bldg 10, Room 6B16

LSR Fortessa SORP (Serial No.:H64779500002) LSR Fortessa X-20 (Serial No.: H656385004) LSR Fortessa X-20 (Serial No.: R656385208) FACSymphony A5 (Serial No.: R66096400135)

NIH, Main campus 9000 Rockville Pike 41 Center Dr Bldg 41, Room B715 Bethesda, MD 20892

FACSymphony A5 (Serial No.: R66096400137) FACSymphony A5 (Serial No.: H66093700003) FACSymphony A5 (Serial No.: H66096400111)

NIH, Main campus 9000 Rockville Pike 37 Convent Dr Bldg 37, Room 6011 Bethesda, MD 20892

FACSymphony A5 (Serial No.:R660964000078) LSR Fortessa SORP (Serial No.: H17700008) LSR Fortessa SORP (Serial No.:H64717700128)

Note: NIH campus is a restricted campus. As such all contractor personnel will be required to access campus via designated entrances where they are subject to security screening.

Additionally, due to the current ongoing COVID-19 Pandemic, there may be additional access restrictions. Please refer to the NIH Security and Access site for more details:

(www.nih.gov/about-nih/visitor-nformation/campus-access-security).

7.0 PERIOD OF PERFORMANCE

The anticipated period of performance shall consist of one (1) twelve (12) month base period and one (1) six (6) month option period. During the base period of performance certain equipment will have staggered start dates as follow as follows:

Base Period: April 1, 2023 – March 31, 2024

Becton, Dickinson, and Company FACSymphony A5 (Serial No.: R66096400137) Becton, Dickinson, and Company FACSymphony A5 (Serial No.: H66093700003) Becton, Dickinson, and Company FACSymphony A5 (Serial No.: H66096400111) Becton, Dickinson, and Company FACSymphony A3 (Serial No.: R66093700078) Becton, Dickinson, and Company LSR Fortessa X-20 (Serial No.: R656385208)

Base Period: April 17, 2023 – March 31, 2024

Becton, Dickinson, and Company LSR Fortessa SORP (Serial No.: H64717700105)

Base Period: May 5, 2023 – March 31, 2024

Becton, Dickinson, and Company FACSymphony A5 (Serial No.: R66096400135)

Base Period: May 21, 2023 – March 31, 2024

Becton, Dickinson, and Company LSR Fortessa SORP (Serial No.: H64779500002) Becton, Dickinson, and Company LSR Fortessa X-20 (Serial No.: H656385004)

Base Period: August 1, 2023 – March 31, 2024

Becton, Dickinson, and Company FACSymphony A5 ( Serial No.: R660964000078) Becton, Dickinson, and Company LSR Fortessa SORP (Serial No.: H17700008) Becton, Dickinson, and Company LSR Fortessa SORP (Serial No.: H64717700128)

Option Period 1 (All Equipment): April 1, 2024 – October 1, 2025

8.0 CONTRACTING OFFICERS REPRESENTATIVE (COR)

All services delivered to the COR will be deemed to have been accepted upon written confirmation of acceptance by the COR. The COR’s approval or revision to the services delivered shall be within the general scope of work for the Purchase Order.

The following individual shall be the COR for this task order:

COR Name: TBD COR Email: TBD COR Phone No.: TBD

Performance of work under this Purchase Order must be subject to the technical direction of the Contracting Officer's Representative identified above. The term "technical direction" includes direction to the Contractor that fills in details and otherwise serves to ensure that tasks outlined in the statement of work are accomplished satisfactorily. Technical direction must be within the scope of the statement of work.

The Contracting Officer's Representative does not have the authority to issue technical direction that:

a. Constitutes a change of assignment or additional work outside the Statement of Work (SOW);

b. Constitutes a change as defined in clause 52.212-4 (c) governing "Changes";

c. In any manner causes an increase or decrease in the contract price or the time required for contract performance;

d. Changes any of the terms, conditions, or requirements of the contract;

e. Interferes with the Contractor's right to perform under the terms and conditions of the contract; or

f. Directs, supervises, or otherwise controls the actions of the Contractor's employees.

Technical direction may be oral or in writing. The Contracting Officer's Representative shall confirm oral direction in writing within five business days, with a copy to the Contracting Officer. The Contractor shall proceed promptly with performance resulting from the technical direction issued by the Contracting Officers Representative. If, in the opinion of the Contractor, any direction of the Contracting Officer’s Representative, or his/her designee, falls within the limitations in (b), above, the Contractor shall immediately notify the Contracting Officer no later then the beginning of the next Government business day.

Failure of the Contractor and the Contracting Officer to agree that technical direction is within the scope of the contract shall be subject to the terms of clause 52.212-4 (d) titled "Disputes."

9.0 INSPECTION AND ACCEPTANCE

Pursuant to FAR clause 52.212-4, all work described in the SOW to be delivered under this purchase order is subject to final inspection and acceptance by an authorized representative of the Government. The authorized representative of the Government is the NCI Contracting Officers Reprsenative/Technical Point of Contact who is responsible for inspection and acceptance of all services, materials, or supplies to be provided by the Contractor.

Regardless of format, all digital content or communications materials produced as a deliverable under this purchase order, shall conform to applicable Section 508 Standards to allow Federal employees and members of the public with disabilities to have access to and use of information and data that is comparable to the access to and use of information and data by Federal employees or by members of the public who are not individuals with disabilities. Remediation of any materials that do not comply with the applicable Section 508 requirements as set forth below, shall be the responsibility of the Contractor.

HHS guidance regarding accessibility of documents can be found at:

https://www.hhs.gov/web/section-508/accessibility-checklists/index.html

Federal government-wide guidance regarding accessibility of documents can be found at https://www.section508.gov/, including the documents describing the preferred method of authoring and testing documents produced in Microsoft Word 2013 or later, Microsoft Excel, and files formatted as PDF.

10.0 PAYMENT

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

The following clause is applicable to all Purchase Orders, Task or Delivery Orders, and Blanket Purchase Agreement (BPA) Calls: Prompt Payment (Jan 2017) FAR 52.232-25. Highlights of this clause and NIH implementation requirements follow:

I. Invoice Requirements

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

Untimely notification will be taken into account in the computation of any interest penalty owed the Contractor.

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

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

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

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

4. Invoice date.

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

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

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

7. Data Universal Numbering System (DUNS) or DUNS + 4 as registered in the System for Award Management (SAM).

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

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

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

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

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

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

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

C. The Contractor shall submit invoice to the National Institutes of Health (NIH)/Office of

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

The Contractor shall submit a copy of the electronic invoice to the following Approving Official Contracting Officer Representative/Technical Point of Contact:

Contracting Officer Representative Name – TBD Email Address - TBD

For inquiries regarding the status of invoices, contact OFM Customer Service via email at ofm_customer_service@incontactemail.com or via phone at 301-496-6088. To send your inquiries via other available communication methods refer to the OFM Customer Service website at https://ofm.od.nih.gov/Pages/Customer-Service.aspx.

Note: The OFM Customer Service is open Eastern Standard Time Monday – Friday from 8:30 a.m. to 5:00 p.m. and is closed between 12:00 p.m. to 1:00 p.m.

II. Invoice Payment

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

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

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

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

III. Interest Penalties

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

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

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

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

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

IV. PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS

SUBCONTRACTORS, FAR 52.232-40 (December 2013)

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

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

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

(End of Clause)