SOW - LSM Tech - NOI SS.docx
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- Solicitation number
- 75N91024Q00144
About this file
This document is a Statement of Work (SOW) for providing maintenance service support for four Zeiss 700 Series Confocal Microscopes located at the National Cancer Institute (NCI) Center for Cancer Research (CCR) Microscopy Core Facilities. The contractor shall provide preventative maintenance, emergency repair services, and software updates for the specified microscope systems. The period of performance is 12 months with four 12-month option periods.
The related federal contract opportunity is a Special Notice for this maintenance service support, which will be awarded on a sole source basis to LSM Technical Solutions, LLC. LSM Tech is the only vendor capable of maintaining and repairing the older Zeiss 700 series confocal microscopes, which the original equipment manufacturer (OEM) no longer supports. Keeping these mission-critical microscopes operational is essential for the research activities of hundreds of NCI scientists. The award will be made under FAR Part 12 for Commercial Items using simplified acquisition procedures.
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STATEMENT OF WORK
1. TITLE
Maintenance Service Support for Zeiss 700 Series Confocal Microscopes in the NCI CCR Microscopy Core Facilities.
1. BACKGROUND
The National Cancer Institute (NCI), Center for Cancer Research (CCR), Laboratory of Cancer Biology and Genetics (LCBG), currently has four (4) Zeiss systems that require service contract coverage. Technical support and local service is needed for both hardware and software support to ensure maximum user time on the systems and minimal “down-time” for repairs and /or training on the systems. This is a necessity as any instrument downtime has the potential to affect the work of hundreds of NCI researchers.
1. SCOPE
The Contractor shall provide all labor, materials, and equipment to provide preventive maintenance for Government-owned equipment listed below. All maintenance services shall be performed in accordance with the manufacturer’s standard commercial maintenance practices.
Instruments 1-4 are listed below along with the coverage for each instrument:
1. LSM 780 w/one scope - SN 2504000601 Consisting of:
1 each Service Agreement for LSM 780 Confocal 1 each 405nm Laser Coverage
2. LSM 780 w/one scope - SN 2504000383 Consisting of:
1 each Service Agreement for LSM 780 Confocal 1 each 405nm Laser Coverage
3. LSM 780 w/one scope - SN 2504000540 Consisting of:
1 each Service Agreement for LSM 780 Confocal 1 each 405nm Laser Coverage
4. LSM 710 w/one scope - SN 2502000471 Consisting of:
1 each Service Agreement for LSM 710 Confocal 1 each 405nm Laser Coverage
1. TYPE OF CONTRACT
This shall be issued as a firm fixed-price purchase order.
1. SPECIAL ORDER REQUIREMENTS
4. PREVENTIVE MAINTENANCE
The Contractor shall perform one (1) preventative maintenance inspection (PMI) during the contract period. Service shall be performed by technically qualified factory trained personnel. Service shall consist of a thorough cleaning, calibration, adjustment, inspection, lubrication, 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. All maintenance services shall be performed in accordance with the manufacturer’s standard commercial maintenance practices. Preventative Maintenance inspections shall occur Monday through Friday during standard business hours (9AM-5PM) not including Contractor holidays.
4. EMERGENCY SERVICE
Emergency repair services shall be provided on an unlimited basis 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 excluding Federal holidays. Upon receipt of notice that any part of the equipment is not functioning properly, the Contractor shall furnish within seventy-two (72) hours, a certified service engineer to inspect the equipment and perform all repairs and adjustments necessary, using unlimited new or remanufactured with original equipment specifications parts to restore the equipment to normal and efficient operating condition. Emergency service calls shall not replace the necessity for PMI.
4. REPLACEMENT PARTS
The Contractor shall furnish all required replacement parts at no additional cost to the Government, with the exception of consumable items such as batteries and light bulbs. Parts, components, or assemblies replaced under this agreement are guaranteed to be new or perform as equivalent to new. Exchanged component(s) become the property of the Contractor. Components included in the coverage by this agreement are: The basic LSM, microscope(s), scan module, spectral detector, electronics controller, system controller*, stage, Argon CW gas/HeNe lasers, and power supplies**.
*System Controller: The system controller (the computer hardware), monitors, mouse, and keyboard are covered under this agreement if the controller/computer is less than 5 years old. LSM Tech is not responsible for customer data and images acquired by the users.
**Lasers: 405nm, Argon CW gas, HeNe 543nm, HeNe 633nm lasers on the LSM laser module are included in this agreement (labor and parts).
Excluded from coverage under this agreement are: objective lenses, filters, automated focus correction systems and expendable items such as bulbs, batteries, arc lamp assembly and arc lamp power supply, incubators, objective heaters, customer-added peripherals and liquid light guides. Also excluded from coverage are: third party system add-ons and Zeiss external detectors such as BiG or NDDs, NLO beam-combining optics and hardware unless otherwise specified as included as a line item on the quote.
4. SOFTWARE UPDATES/SERVICE
The Contractor shall provide Software Service in accordance with the manufacturer’s latest established service procedures, to include 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/upgrades and revisions from the Government. Defective software shall be replaced at no additional cost to the Government.
5.5 SERVICE EXCLUSIONS
The Contractor shall not be responsible for any repairs necessitated by abuse, neglect, vandalism, Acts of God, fire or water. Should damage occur as a result of the aforementioned events, the Government reserves the right to obtain repairs needed as a result of such events via a modification to the purchase order, under a separate purchase order, or any other method deemed appropriate and in accordance with Federal Acquisition Regulations.
4. PERIOD OF PERFORMANCE
The period of performance shall be 12 months, from 08/01/2024 – 07/31/2025, with (4) 12-month option periods.
4. PERSONNEL QUALIFICATIONS
Personnel shall have a minimum of three (3) years training and experience in the servicing of the applicable instrument (instruments listed on section 3). All primary service personnel shall have at least one backup Field Service representative with at least the same level of expertise on the equipment covered by this contract.
1. PLACE OF PERFORMANCE
Onsite service shall be performed at the following locations:
| Location A: |
| NIH, NCI, CCR |
| Location B: |
| NIH, NCI, CCR |
41 Medlars Drive
37 Convent Drive
Bldg. 41 Room C615
Bldg. 37 Room 2132
Bethesda, MD 20892
Bethesda, MD 20892
| Location C: |
| NIH, NCI, CCR |
| Location D: |
| NIH, NCI, CCR |
Frederick Cancer Center
ATRF D2039
Bldg. 560 Room 3227
8560 Progress Dive
1. TECHNICAL POINT OF CONTACT (TPOC) DELEGATION
A Technical Point of Contact (TPOC) will be assigned to represent the Government for this purpose of this contract. The TPOC representing the Government on this contract shall be: TBD
The NCI TPOC will be responsible for reviewing the work done by the Contractor, making sure that it is consistent with the terms of the Contract, and approving the reports/deliverables provided by the contractor.
The TPOC is responsible for: (1) monitoring the Contractor's technical progress, including the surveillance and assessment of performance and recommending to the Contracting Officer changes in requirements; (2) interpreting the statement of work and any other technical performance requirements; (3) performing technical evaluation as required; (4) performing technical inspections and acceptances required by this contract; and (5) assisting in the resolution of technical problems encountered during performance. The Government may unilaterally change its TPOC designation.
8.0 PAYMENT
Payment shall be made quarterly, in arrears. Payment shall be made in its entirety upon completion and acceptance of all deliverables. 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 considered in the computation of any interest penalty owed the Contractor. |
| 1. | Vendor/Contractor: Name, Address, Point of Contact for the invoice (Name, title, telephone number, e-mail and mailing address of point of contact). |
| 2. | Remit-to address (Name and complete mailing address to send payment). |
| 3. | Remittance name must match exactly with name on original order/contract. If the Remittance name differs from the Legal Business Name, then both names must appear on the invoice. |
| 4. | Invoice date. |
| 5. | Unique invoice #s for all invoices per vendor regardless of site. |
| 6. | NBS document number formats must be included for awards created in the NBS: Contract Number; Purchase Order Number; Task or Delivery Order Number and Source Award Number (e.g., Indefinite Delivery Contract number; General Services Administration number); or, BPA Call Number and BPA Parent Award Number. |
| 7. | Unique Entity Identifier (UEI) which is in the System for Award Management (SAM) and replaces the Dun & Bradstreet Data Universal Numbering System (DUNS) number. |
| 8. | Federal Taxpayer Identification Number (TIN). In those rare cases where a contractor does not have a UEI number or TIN, a Vendor Identification Number (VIN) must be referenced on the invoice. The VIN is the number that appears after the contractor’s name on the face page of the award document. |
| 9. | Identify that payment is to be made using a three-way match. |
| 10. | Description of supplies/services that match the description on the award, by line billed.* |
| 11. | Freight or delivery charge must be billed as shown on the award. If it is included in the item price do not bill it separately. If identified in the award as a separate line item, it must be billed separately. |
| 12. | Quantity, Unit of Measure, Unit Price, Extended Price of supplies delivered or services performed, as applicable, and that match the line items specified in the award.* |
NOTE: If your invoice must differ from the line items on the award, please contact the Contracting Officer before submitting the invoice. A modification to the order or contract may be needed before the invoice can be submitted and paid.
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.
B. The Contractor shall submit invoices to the Department of Treasury’s Invoice Processing Platform (IPP) at https://www.ipp.gov with a copy to the approving official as directed below.
The Contractor shall submit a copy of the electronic invoice to the following Approving Official (Purchasing Agent) and Technical Point of Contact:
Approving Official: Purchasing Agent
TBD: Name Email
Technical Point of Contact
| TBD: | Name |
| 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 (November 2021)
(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, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial products or commercial services.
(End of Clause)
V. HHSAR 352.232-71 Electronic Submission of Payment Requests (February 2, 2022)
(a) Definitions. As used in this clause— Payment request means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), ‘‘Content of Invoices’’ and the applicable Payment clause included in this contract.
(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests electronically using the Department of Treasury Invoice Processing Platform (IPP) or successor system. Information regarding IPP, including IPP Customer Support contact information, is available at www.ipp.gov or any successor site.
(c) The Contractor may submit payment requests using other than IPP only when the Contracting Officer authorizes alternate procedures in writing in accordance with HHS procedures.
(d) If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting Officer’s written authorization with each payment request.
(End of Clause)
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