Combined_Synopsis_Solicitation_W81K00-18-T-M077_.pdf
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- Mobile Shock Wave Therapy
- Solicitation number
- W81K00-18-T-M077
- Issued by
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Department of the Army Medical Command
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Combined Synopsis/Solicitation
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6 and FAR
Subpart 13.5 Simplified Procedures for Certain Commercial Items, 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. The solicitation number is W81K00-18-T-M077 and is issued as a Request for Quote (RFQ). This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-100 and Defense Federal Acquisition Regulation Supplement
Publication Notice (DPN) 20180629 Class Deviation 2018-O0007.
This solicitation is to procure the use of an Orthopedic (Orthotripsy) Extracorporeal Shock Wave Therapy (ESWT) treatment device for the
Department of Surgery at William Beaumont Army Medical Center, Fort Bliss, Texas and Evans Army Community Hospital, Fort Carson, Colorado. The Period of performance will be from 25 October 2018 – 30 September 2019 plus four (4) ordering periods. There will be only one award made from this solicitation.
The associated North American Industrial Classification System (NAICS) code for this procurement is 334510, with a size standard of 1,250 employees. This procurement is being conducted as a 100% small business set-aside.
Quotes are due by 18 October 2018, 10:00 AM Mountain Time (MT). Offers shall be submitted via e-mail. Quotes received after this date will be considered untimely and ineligible for award.
Questions shall be submitted via email no later than 10 October 2018, 10:00 AM MT. No Questions will be entertained after this date.
The point of contact is Ms. Hyun Townsley at hyun.j.townsley.civ@mail.mil
Print Name ______________________ Date: ______________________
Signature _________________________ Cage code: ___________________
W81K00-18-T-M077
AMOUNT
EACH
Cost per procedure for Shock wave
FFP
Cost per procedure for Extracorporeal Shock Wave Therapy (EWST). Only authorized ordering officer shall place orders against the contract, who shall identified by the Government. The ordering period is 25 October 2018 - 30
September 2019. Please see Attachment A. Quantities are estimated and payment will be made for actual procedure performed and accepted by the Government.
TAS97-0130
FOB: Destination
PSC CD: 6515
NET AMT
ESTIMATED
WBAMC
FFP
Cost per procedure for Extracorporeal Shock Wave Therapy (EWST). Only authorized ordering officer shall place orders against the contract, who shall identified by the Government. The ordering period is 25 October 2018 - 30
September 2019. Please see Attachment A. Quantities are estimated and payment will be made for actual procedure performed and accepted by the Government.
TAS97-0130
ITEM NO SUPPLIES/SERVICES ESTIMATED
QUANTITY
UNIT UNIT PRICE
0001 180 Job
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE
0002 180 Job
Contract Manpower Reporting
FFP
See SOW paragraph 7 and associated subparagraphs for
Reporting requirements.
TAS97-0130
FFP
Cost per procedure for Extracorporeal Shock Wave Therapy (EWST). Only authorized ordering officer shall place orders against the contract, who shall identified by the Government. The ordering period is 25 October 2019 - 30
September 2020. Please see Attachment A. Quantities are estimated and payment will be made for actual procedure performed and accepted by the Government.
TAS97-0130
FFP
Cost per procedure for Extracorporeal Shock Wave Therapy (EWST). Only authorized ordering officer shall place orders against the contract, who shall identified by the Government. The ordering period is 25 October 2019 - 30
ITEM NO SUPPLIES/SERVICES ESTIMATED
QUANTITY
UNIT UNIT PRICE
Option 1
180 Job
UNIT UNIT PRICE
2 Each
September 2020. Please see Attachment A. Quantities are estimated and payment will be made for actual procedure performed and accepted by the Government.
TAS97-0130
FFP
Cost per procedure for Extracorporeal Shock Wave Therapy (EWST). Only authorized ordering officer shall place orders against the contract, who shall identified by the Government. The ordering period is 25 October 2020 - 30
September 2021. Please see Attachment A. Quantities are estimated and payment will be made for actual procedure performed and accepted by the Government.
TAS97-0130
UNIT UNIT PRICE
Option 2
UNIT UNIT PRICE
FFP
Cost per procedure for Extracorporeal Shock Wave Therapy (EWST). Only authorized ordering officer shall place orders against the contract, who shall identified by the Government. The ordering period is 25 October 2020 - 30
September 2021. Please see Attachment A. Quantities are estimated and payment will be made for actual procedure performed and accepted by the Government.
TAS97-0130
ITEM NO SUPPLIES/SERVICES ESTIMATED
QUANTITY
UNIT UNIT PRICE
ESTIMATED
FFP
Cost per procedure for Extracorporeal Shock Wave Therapy (EWST). Only authorized ordering officer shall place orders against the contract, who shall identified by the Government. The ordering period is 25 October 2021 - 30
September 2022. Please see Attachment A. Quantities are estimated and payment will be made for actual procedure performed and accepted by the Government.
TAS97-0130
FFP
Cost per procedure for Extracorporeal Shock Wave Therapy (EWST). Only authorized ordering officer shall place orders against the contract, who shall identified by the Government. The ordering period is 25 October 2021 - 30
September 2022. Please see Attachment A. Quantities are estimated and payment will be made for actual procedure performed and accepted by the Government.
TAS97-0130
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE
Job Option 3 180
ITEM NO SUPPLIES/SERVICES ESTIMATED
QUANTITY
UNIT UNIT PRICE
Option 3
FFP
Cost per procedure for Extracorporeal Shock Wave Therapy (EWST). Only authorized ordering officer shall place orders against the contract, who shall identified by the Government. The ordering period is 25 October 2022 - 30
September 2023. Please see Attachment A. Quantities are estimated and payment will be made for actual procedure performed and accepted by the Government.
TAS97-0130
UNIT UNIT PRICE
Option 4
UNIT UNIT PRICE
Option 3
FFP
Cost per procedure for Extracorporeal Shock Wave Therapy (EWST). Only authorized ordering officer shall place orders against the contract, who shall identified by the Government. The ordering period is 25 October 2022 - 30
September 2023. Please see Attachment A. Quantities are estimated and payment will be made for actual procedure performed and accepted by the Government.
TAS97-0130
UNIT UNIT PRICE
UNIT UNIT PRICE
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government
Destination Destination
Government Government
Destination Destination
Government Government
1001 Destination Government Destination Government
Destination Destination
Government Government
Destination Destination
Government Government
Destination Government Destination Government
Destination Destination
Government Government
Destination Destination
Government Government
3001 Destination Government Destination Government
Destination Destination
Government Government
Destination Destination
Government Government
4001 Destination Government Destination Government
Destination Destination
Government Government
Destination Destination
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 POP 25-OCT-2018 TO
30-SEP-2019
N/A
W2P1 MEDDAC MED SUPPLY ACCT
W2P1 USA MEDDAC FT CARSON
EVANS ACH SUPPLY CHAIN MGT SCM BR
1650 COCHRANE CIR BLDG 7500 RM 0600
FORT CARSON CO 80913-5207
210-221-7928
W45XTP
0002 POP 25-OCT-2018 TO
30-SEP-2019
N/A WILLAIM BEAUMONT ARMY
MEDICAL CENTER
5005 NORTH PIEDRAS ST
EL PASO, TEXAS TX 79920
FOB: Destination
W45XTK
1001 POP 25-OCT-2019 TO
30-SEP-2020
N/A SAME AS ABOVE -EACH
FOB: Destination
W45XTK
1002 POP 25-OCT-2019 TO
30-SEP-2020
N/A SAME AS ABOVE -WBAMC
FOB: Destination
W45XTK
2001 POP 25-OCT-2020 TO
30-SEP-2021
N/A SAME AS ABOVE- EACH
W45XTK
2002 POP 25-OCT-2020 TO N/A SAME AS ABOVE - WBAMC
30-SEP-2021 FOB: Destination
3001 POP 25-OCT-2021 TO
30-SEP-2022
N/A SAME AS ABOVE -EACH
FOB: Destination
W45XTK
3002 POP 25-OCT-2021 TO
30-SEP-2022
N/A SAME AS ABOVE -WBAMC
FOB: Destination
W45XTK
4001 POP 25-OCT-2022 TO
30-SEP-2023
N/A SAME AS ABOVE -EACH
FOB: Destination
W45XTK
4002 POP 25-OCT-2022 TO
30-SEP-2023
N/A SAME AS ABOVE -WBAMC
W45XTK
DESCEIPTION OF SUPPLIES
1. This is an Indefinite Delivery Indefinite Quantity (IDIQ) contract issuing Firm Fixed Price (FFP) task orders. The IDIQ contract will have a twelve-month base ordering period and four (4) 12-month ordering periods.
2. The ESWT device shall be delivered within 24 hours before the surgery.
3. Task orders will be issued IAW the below ordering periods:
Ordering Periods Period of Performance Based Ordering Period 25 October 2018 – 30 September 2019
Ordering Period 1 25 October 2019 – 30 September 2020
Ordering Period 2 25 October 2020 – 30 September 2021
Ordering Period 3 25 October 2022 – 30 September 2022
Ordering Period 4 25 October 2024 – 30 September 2023
IDIQ CONSTRAINTS
The minimum guaranteed quantity is $1,000.00 for the base year. The maximum quantity for the life of the contract, base and options combined, will not exceed $1,600,000.00 for rental of EWST Shock wave device.
MINIMUM AND MAXIMUM GUARANTEE
a. Guaranteed minimum amount. The Guaranteed minimum for this contract, during the base period is as follows: $1,000.00
b. Maximum. The maximum amount for the entire term of the contract is as follows:
$1,600,000.00
Sites Authorized to Purchase: The Medical Treatment Facilities (MTF) listed below will be authorized to purchase under this IDIQ. Other medical treatment facilities (MTFs) within the
Regional Health Contracting Office – Central’s area of responsibility may be added to this contract via a bilateral modification and the issuance of a task order/delivery order. Sites authorized must have an Ordering Officer appointed by a Regional Health Contracting Office –
Central Contracting Officer prior to placing any supply order.
1) Evans Army Community Hospital, Ft. Carson, CO
2) William Beaumont Army Medical Center, Ft. Bliss TX
SCHEDULE ORDERING
Orders may only be placed by ordering officers serving in one of the MTFs within the Regional
Health Contracting Office – Central’s area of responsibility appointed in writing by a contracting officer.
STATEM ENT OF WORK
ESWT Device and Technician Monitoring Services
I. GENERAL.
1.1. This contract is for the provision of non-personal services in the form of a factory trained technician and use of the Extracorporeal Shock Wave Therapy (ESWT) Device, for the performance of various surgical procedures on patients at Evans Anny Community Hospital (EACH) located at 1650 Cochrane Circle, Bid. 7500, Fort Carson, CO.
Contractor provided services will meet all standards imposed by Joint Commission and any other governing entity.
1.2. Description of Service. Contractor shall provide a factory trained technician to set-up and monitor the performance of the ESWT Therapy Device as well as all supplies and equipment for the ESWT Therapy Device. The technician will provide continuous monitoring of the laser system during the course of the procedure and will be responsible for transporting it to and from the Military Treatment Facility (MTF) as well as ensuring that all appropriate equipment checks are accomplished by the MTF's Medical Maintenance Branch, prior to each procedure. It is estimated that these services may be needed an average of thirty-five times per year however there is no guaranteed minimum. Average duration of procedures requiring this service is approximately four hours. The use of this system is anticipated to be mostly by Podiatry surgeons on-site at the MTF but it is possible that other surgeons in different specialties may be scheduled to utilize the laser system as well.
1.3. Non-Personal Services. This requirement is for non-personal services. Personnel rendering the services are not subject, either by the contract terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the government and its direct employees. As a non-personal service contract, contractor shall be solely responsible for any and all liability caused by the acts or omissions of its agents, employees, and/or equipment. The contractor shall not in any manner represent or infer that it is an instrumentality or agent of the United States government. Contractor shall recognize that the MTF commanding officer maintains administrative and operational responsibility for all activities within the MTF and may take any action necessary to preserve and maintain the integrity of the command, subject to the limitations prescribe by law and US Anny regulations.
2. QUALIFICATIONS AND REQUIREMENTS:
2.1 Qualifications. The contract technician shall...
2.1.1 Possess documentation of having received training on the monitoring and maintenance of the laser system by the maker of the specific system.
2.1.2 Possess a minimum of three months of experience in which s/he was directly responsible for monitoring the exact same laser system during the last consecutive three months wherein a minimum of 12 procedures were performed. Acceptable documented proof of experience may be in the form of two reference letters from surgeon(s) and/or their assisting personnel; redacted copies of two contract(s) similar to this one; company logs identifying the provision of similar services, etc.
2.2 Requirements. The contract technician shall:
2.2.1 Be a U.S. citizen and shall not have been convicted of a felony.
2.2.2 Be able to read, write, and speak English well enough and enunciate with sufficient clarity to effectively communicate with patients and other health care providers.
2.2.3 Possess sufficient initiative, interpersonal relationship skills and social sensitivity such that the CP can relate to a variety of patients from diverse backgrounds.
3.CONDUCT
3.1 The contractor shall ensure that its contractor personnel comply with all MTF policies to include, but not limited to, those regarding personal appearance and conduct.
3.2 The Contractor shall ensure that its personnel abide by federal and local MTF regulations and requirements concerning the nature of limited privileged communication between patients and the contractor personnel as may be necessary for security and personnel reliability programs. The Contractor shall also ensure that its CP abide by federal and local MTF regulations concerning the confidentiality of patient records, as embodied in federal statutes including the Privacy Act of 1974 and the Health Insurance Portability & Accountability Act of 1996. All regulations referenced are available for review from the COR or MTF. All medical records and reports are and will remain the property of the Government.
4. SPECIFIC TASKS/DUTIES:
4.1 Contractor shall provide a technician and the transport of an ESWT Therapy Device with all peripheral supplies to and from the facility prior to and after each scheduled procedure. Upon arrival/departure from the MTF, the contract technician will sign into/out of the Vendor Credentials System located in Supply Chain Management, in the basement.
4.2 Contractor personnel will schedule with the MTF Medical Maintenance Branch, a time for the laser system to be presented to Medical Maintenance for appropriate checks and approval of the system for use in the MTF.
4.3 After obtaining Medical Maintenance approval, contractor technician will present themselves and the laser system to the location where the surgical procedure will be performed and set up the laser system no later than 30 minutes prior to the start of the procedure. Set up will include, but is not limited to, sterilizing and preparing the system in accordance with manufacturer's instructions.
4.4 Contract technician will actively monitor the ESWT Therapy Device during the entire duration of the procedure to ensure that the system is performing optimally and presents no danger to the patient or user of the system. Any concerns will immediately be reported to the medical provider using the laser system. A written after action report will be prepared after each use of the system and will be included along with the invoice.
4.5 Contract technician will perform all necessary cleaning of the system after the procedure is completed. It is anticipated that this cleaning and removal of the system from the facility will take no more than one hour after completion of the procedure.
4.6 Contractor personnel are responsible for all pre-/post-maintenance of the laser system. Contractor personnel are responsible for the decontamination/sterilization of the system as well as for performing all scheduled/unscheduled maintenance on the system in accordance with the manufacturer's specifications.
Contractor will maintain record of this maintenance for presentation to MTF's Medical Maintenance
Branch/Equipment Management Branch each time that the system is brought into the facility for use.
5. HOURS OF PERFORMANCE:
5.1 As a medical center with an in-patient population, this MTF operates 24 hours per day, seven days per week. As such, contractor must be prepared to provide services at any time that the MTF identifies a need for these services including off-shifts, weekends, and holidays. It is however anticipated that the majority of these contracted services will be required during normal clinic hours which are commonly between the hours of 7:00 a.m. to 5:00 p.m. on Monday through Friday.
5.2 If, after contracted services are requested, an unplanned partial or full closure of the MTF due to natural disaster, military emergency, or other unforeseen event occurs, the contractor shall not invoice the government for services not performed and the government will not be liable to the contractor for any such closure.
5.3 Scheduling of Services. One of the designated MTF points of contact will contact the contractor's point of contact to schedule these services at least 48 hours in advance of the scheduled surgery/procedure. Contract technician shall be in place at the MTF and ready to provide the services a minimum of 60 minutes prior to the start of the scheduled procedure/surgery. Timing for presentation of the equipment at the MTF Medical
Maintenance Section is the responsibility of the technician to coordinate with Medical Maintenance Section in such a manner as to not impede the technician from being on time and in place for the scheduled surgery.
6. ADMINISTRATIVE
6.1 Contractor shall have a sufficient number of laser systems and qualified technicians so as to ensure availability of these services when required by the MTF. Contractor will identify all personnel eligible to provide these services in writing to the designated Contracting Officer Representative (COR) as well as their credentials as per the minimum qualifications described in paragraph. Provision of this information will be accomplished no later than seven (7) days after the award of this contract or seven (7) days prior to the date in which any technician is to start performing the contracted services. No technician will commence the provision of these services until such time that the COR notifies the contractor that the technician credentials are in order and acceptable. COR will acknowledge receipt of the credentials and provide contractor with written notification of the credentials acceptability/denial within seven (7) days of their receipt.
6.2 Contractor will provide, in writing, the name of a primary point of contact and at least one alternate point of contact along with their contact information (minimum of phone number and email address) that the MTF is to contact in order to request these services.
6.3 Reports. The contractor shall be prepared to submit reports to the COR as requested for use in monitoring contractor's performance. Such reports may include, but are not limited to, personnel recruitment, personnel credentials status, projected losses, etc.
6.4 Credentials. The contractor shall submit a list of individuals who are authorized to provide these contracted services. Contractor will also provide documented proof that these individuals have the required experience and training as described in paragraph 2.l.1 and 2.1.2 of this statement of work. This list and related credentials documentation is to be provided to the COR no later than fourteen days after award of these contracted services or no more than seven days prior to the date that any contract technician is to provide services via this contract. Any failure to meet these requirements is considered non-performance and could be the basis for termination of this contract for cause.
6.5 Security and Training
6.5.1 Safeguarding Material. The contractor shall be responsible for safeguarding all Government property provided for contractor use. The contractor shall safeguard information of a confidential or sensitive nature.
Neither the contractor nor any of its personnel shall disclose or cause to be disseminated any information concerning the operation of the MTF that could result in or increase the likelihood of the possibility of breach of security or interrupt the continuity of operations or which breach the requirements of the Federal Privacy Act of
1974. However, the contractor may be required to provide testimony or deposition in lawsuits or other administrative, civil, or criminal proceedings.
6.5.2 Antiterrorism (AT) Level I Training. All contractor employees, to include subcontractor employees, requiring access to army installations, facilities, and controlled access areas shall complete AT Level I awareness training within 30 calendar days after contract start date or seven days prior to the date that a new contract employee starts providing services via this contract, whichever is applicable. This training is available at the following website:
http: // jko.jten.mil. Contractor will tum in the certificate of completion for every technician providing services via this contract to the COR by no later than 30 days after the contract award or, for new technicians, no later than 14 days prior to that technician commencing the provision of these contracted services. Training will henceforth be accomplished annually prior to the anniversary date on which they previously completed this training.
6.5.3 iWATCH Training. Contractor will ensure that all contractor personnel engaged in the provision of these contracted services complete iWATCH training within 30 calendar days after contract start date or seven days prior to the date that a new contract employee starts providing services via this contract, whichever is applicable. This training informs contract personnel on the types of suspicious behavior to watch for and provides guidance on how to report such activity. This training can be accomplished by watching a short video which is available via internet search for "Army iWATCH". http://mdwhome.mdw.army.mil/iWatch . Contractor will provide a list of names of their employees who have completed this training along with the date that training was completed. Training will henceforth be accomplished annually prior to the anniversary date on which they previously completed this training.
7. CONTRACT MANPOWER REPORTS (Accounting for Contract Services) (Jul 2007). The Office of the
Assistant Secretary of the Army (Manpower & Reserve Affairs) operates and maintains a secure Army data collection site where the Contractor will report ALL Contractor manpower (including sub-Contractor manpower) required for performance of this contract. The Contractor is required to completely fill in all the information in the format using the following web address "https://cmra.a rmy.mil". The required information includes: (I) Contracting Office, Contracting Officer, Contracting Officer's Technical
Representative; (2) Contract number, including task and delivery order number; (3) Beginning and ending dates covered by reporting period; (4) Contractor name, address, phone number, e-mail address, identity of
Contractor employee entering data; (5) Estimated direct labor hours (including subcontractor); (6) Estimated direct labor dollars paid this reporting period (including subcontractor); (7) Total payments (including subcontractor); (8) Predominant Federal Service Code (FSC) reflecting services provided by Contractor (and separate predominant FSC for each subcontractor if different); (9) Organizational title associated with the
Unit Identification Code (UIC) for the Army Requiring Activity (the Army Requiring Activity is responsible for providing the Contractor with its UIC for the purposes of reporting this information); (10) Locations where
Contractor and subcontractors perform the work (specified by zip code in the United States and nearest City, Country, when in an overseas location, using standardized nomenclature provided on website); (II) Presence of deployment or contingency contract language, and, (12) Number of Contractor and subcontractor employees deployed in theater this reporting period (by country). ( 13) As part of its submission, the Contractor will also provide the estimated total cost (if any) incurred to comply with this reporting requirement.
Reporting period will be the period of performance not to exceed 12 months ending September 30 of each
Government fiscal year and must be reported by 31 October of each calendar year. The Contractor shall notify the
Contracting Officer's Representative (COR) by the 5th working day of November whether or not they have http://jko.jten.mil/ http://mdwhome.mdw.army.mil/iWatch completed this report. If the COR is unavailable, the Contractor will notify the Contracting Officer."
Report Schedules are based on the Government's Fiscal Year cycle, regardless of the contract period of performance cycle. If this order requires a final CMR report, which does NOT align to the Fiscal Year, the final CMR report shall be due NLT 30 days after the performance period ends.
The following information is provided for the Contractor's use in completing the above report:
Predominant Federal Service Code: Q514 (Otolaryngology)
Unit Identification Code for the Army Requiring Activity: W45NSV (William Beaumont Anny Medical Center)
QUALITY ASSURANCE AND SURVEILLANCE PLAN
A. OBJECTIVE: This plan provides a quality surveillance strategy for provision of the Extracorporeal Shock Wave
Therapy Device and Monitoring Technician Services. The primary purpose of this plan is to provide a basis for the government's evaluation of the contractor's key areas of performance under this contract. The Contracting Officer
(KO), in conjunction with input provided by the Contracting Officer's Representative (COR) will evaluate the contractor's performance. Oversight of the contractor's performance will assure quality and consistency of the contractor's performance.
B. PERFORMANCE MEASUREMENT OBJECTIVE: The key area(s) of the contractor's performance that will be evaluated during the term of the contract. The PWS reference will be provided for each performance measurement objective.
C. ASSESSMENT METHOD: Contractor performance is inspected and evaluated on key areas of performance. Method of surveillance is 100 % evaluation by attending EACH surgeon and the designated COR.
D. ACCEPTABLE QUALITY LEVEL (AQL): The degree to which the government will allow the contractor's key areas of performance to vary; the variance from the standard that the contractor is allowed and the grading/ measurement associated with deviation from the specific performance standards.
E. KEY AREAS OF PERFORMANCE: The following Performance Measurements Requirement Summary applies.
The government may modify inspection methods in accordance with site specific requirements. In addition to the basic contract, the following standards and measures will be used to evaluate contractor performance and compliance under the contract. This information will be used to prepare annual past performance evaluations and to determine if performance justifies exercising subsequent option periods.
PERFORMANCE
OBJECTIVE
PERFORMANCE
STANDARD
REFERENCE
METHOD OF
ASSESSMENT
PERFORMANCE
INCENTIVE
Compliance/Non-compliance reported monthly to KO and Contractor shall provide Contractor shall have a in annual Contractor and maintain the Extracorporeal sufficient number of laser Performance Shock Wave Therapy Device for use systems and qualified Monitored by Assessment Report.
during surgical cases as technicians so as to requestor of Non-compliance well as a contractor ensure availability of services and could be used as technician to monitor the these services when reported to the termination for system during the case. required by the MTF. Paragraph 6. 1. designated COR cause.
Compliance/Non-compliance reported monthly to KO and in annual Contractor
Performance Contractor shall provide Assessment Report.
credentials substantiating Contract technician shall Non-compliance the qualifications of possess the minimum could be used as technicians who will qualifications stipulated Monitored by the termination for monitor the laser system in the contract Paragraph 2.1. designated COR cause.
Contractor personnel will
Compliance/Non-coordinate with the MTF compliance reported Medical Maintenance Monitored by monthly to KO and Contractor shall ensure Section, a surgeon/clinic in annual Contractor that laser system is time for the laser system non- Performance approved for use by the to be presented to that commissioned Assessment Report.
MTF Medical Maintenance
Section prior section for approval to be used in the MTF and will officer (NCOIC) and reported to Non-compliance could be used as to each day that the system ensure approval is the designated termination for is brought into the MTF. obtained. Paragraph 4. COR. cause.
Submission of Contract Manpower Report (CMR)
Contractor will report all
Contractor manpower
(including sub-Contractor manpower) required for performance of this contract
Paragraph 7 Monitored by designated COR
Compliance/Non-compliance is a key element in the annual
Contractor
Performance
Assessment Report
H. PERFORMANCE RATINGS.
The Government will rate past performance using the following performance standards:
EXCEPTIONAL..........Performance meets contractual requirements and exceeds many to the government's benefit.
VERY GOOD...........Performance meets contractual requirements and exceeds some to the government's benefit.
SATlSFACTORY ...Performance meets contractual requirements
MARGINAL............. Performance does not meet some contractual requirements.
UNSATlSFACTORY……… Performance does not meet most contractual requirements and recovery is not likely in a timely manner.
Other performance evaluation factors that will be monitored and documented in contractor's performance records but cannot be quantified by numerical measurements: Contractor providing personnel exceeding the minimum qualification standards and/or performance above or below the standard, for above factors, will be documented in the Contractor's Performance Assessment Reporting System (CPARS} for the reporting period.
NOTE: This plan is provided for information purposes only. The QASP is not a part of the solicitation, nor shall it be part of any resulting contract. The Government has the right to change or modify inspection methods at its discretion.
CLAUSES INCORPORATED BY REFERENCE
52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017
ADDENDUM TO 52.212-4
The Government may make unilateral modifications considered administrative in nature. These include, but are not limited to, changes in the accounting and appropriation data, payment and issuing office addresses, and other corrections that have no effect on the terms and conditions of the contract.
(v) The non-FAR Part 12 discretionary FAR, DFARS, AFARS, and LOCAL clauses included herein are incorporated into this contract either by reference or in full text. If incorporated by reference, see clause 52.252-2 herein for locations where full text can be found.
CLAUSES INCORPORATED BY REFERENCE
52.203-3
52.203-6 Alt I Gratuities
Restrictions On Subcontractor Sales To The Government
APR 1984
OCT 1995
(Sep 2006) -- Alternate I 52.203-12 Limitation On Payments To Influence Certain Federal OCT 2010 Transactions 52.203-17 Contractor Employee Whistleblower Rights and Requirement APR 2014 To Inform Employees of Whistleblower Rights 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber MAY 2011 Content Paper 52.204-10 Reporting Executive Compensation and First-Tier OCT 2016 Subcontract Awards 52.209-6 Protecting the Government's Interest When Subcontracting OCT 2015 With Contractors Debarred, Suspended, or Proposed for Debarment 52.209-9 Updates of Publicly Available Information Regarding JUL 2013 Responsibility Matters 52.219-4 Notice of Price Evaluation Preference for HUBZone Small OCT 2014 Business Concerns 52.219-6 Notice Of Total Small Business Set-Aside NOV 2011 52.219-8 Utilization of Small Business Concerns NOV 2016 52.219-14 Limitations On Subcontracting JAN 2017 52.219-16 Liquidated Damages-Subcontracting Plan JAN 1999 52.222-19 Child Labor -- Cooperation with Authorities and Remedies JAN 2018 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-35 Equal Opportunity for Veterans OCT 2015 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-37 Employment Reports on Veterans FEB 2016 52.222-50 Combating Trafficking in Persons MAR 2015 52.222-54 Employment Eligibility Verification OCT 2015 52.223-18 Encouraging Contractor Policies To Ban Text Messaging AUG 2011 While Driving 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.232-18 Availability Of Funds APR 1984 52.232-33 Payment by Electronic Funds Transfer--System for Award JUL 2013 Management 52.232-37 Multiple Payment Arrangements MAY 1999 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business DEC 2013
Subcontractors 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.242-13 Bankruptcy JUL 1995 52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay Of Work APR 1984 252.203-7000 Requirements Relating to Compensation of Former DoD SEP 2011 Officials 252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By OCT 2015 The Government of a Country that is a State Sponsor of Terrorism 252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.225-7048 Export-Controlled Items JUN 2013 252.226-7001 Utilization of Indian Organizations and Indian-Owned SEP 2004 Economic Enterprises, and Native Hawaiian Small Business Concerns 252.232-7003 Electronic Submission of Payment Requests and Receiving JUN 2012 Reports 252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012
CLAUSES INCORPORATED BY FULL TEXT
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (NOV 2015)
(a) Definitions. As used in this clause--
Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of
6 U.S.C. 395(c).
Subsidiary means an entity in which more than 50 percent of the entity is owned--
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
(b) If the contractor reorganizes as an inverted domestic corporation or becomes a subsidiary of an inverted domestic corporation at any time during the period of performance of this contract, the Government may be prohibited from paying for Contractor activities performed after the date when it becomes an inverted domestic corporation or subsidiary. The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of
Government action under this clause.
(c) Exceptions to this prohibition are located at 9.108-2.
(d) In the event the Contractor becomes either an inverted domestic corporation or a subsidiary of an inverted domestic corporation during contract performance, the Contractor shall give written notice to the Contracting Officer within five business days from the date of the inversion event.
(End of clause)
52.216-19 ORDER LIMITATIONS (OCT 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $1,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor -
(1) Any order for a single item in excess of $10,000.00;
(2) Any order for a combination of items in excess of $100,000.00; or
(3) A series of orders from the same ordering office within 15 days that together call for quantities exceeding the limitation in paragraph (b) (1) or (2) of this section.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal
Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the
Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.
(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 30 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.
52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JULY 2013)
Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.
Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.
(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:
(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.
(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.
(3) For long-term contracts--
(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and
(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.
(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.
(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.
(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications http://www.sba.gov/content/table-small-business-size-standards section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The
Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.
(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the
Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.
(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in
SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:
The Contractor represents that it (X) is, ( ) is not a small business concern under NAICS Code 339113- assigned to contract number TBD.
(Contractor to sign and date and insert authorized signer's name and title).
52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT
(DEC 2010)
(a) During the term of this contract, the Contractor shall post an employee notice, of such size and in such form, and containing such content as prescribed by the Secretary of Labor, in conspicuous places in and about its plants and offices where employees covered by the National Labor Relations Act engage in activities relating to the performance of the contract, including all places where notices to employees are customarily posted both physically and electronically, in the languages employees speak, in accordance with
29 CFR 471.2(d) and (f).
(1) Physical posting of the employee notice shall be in conspicuous places in and about the Contractor's plants and offices so that the notice is prominent and readily seen by employees who are covered by the National Labor
Relations Act and engage in activities related to the performance of the contract.
(2) If the Contractor customarily posts notices to employees electronically, then the Contractor shall also post the required notice electronically by displaying prominently, on any Web site that is maintained by the Contractor and is customarily used for notices to employees about terms and conditions of employment, a link to the Department of
Labor's Web site that contains the full text of the poster. The link to the Department's Web site, as referenced in
(b)(3) of this section, must read, ``Important Notice about Employee Rights to Organize and Bargain Collectively with Their Employers.''
(b) This required employee notice, printed by the Department of Labor, may be--
(1) Obtained from the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S.
Department of Labor, 200 Constitution Avenue, NW., Room N-5609, Washington, DC 20210, (202) 693-0123, or from any field office of the Office of Labor-Management Standards or Office of Federal Contract Compliance
Programs;
(2) Provided by the Federal contracting agency if requested;
(3) Downloaded from the Office of Labor-Management Standards Web site at http://www.dol.gov/olms/regs/compliance/EO13496.htm; or http://www.dol.gov/olms/regs/compliance/EO13496.htm%3B
(4) Reproduced and used as exact duplicate copies of the Department of Labor's official poster.
(c) The required text of the employee notice referred to in this clause is located at Appendix A, Subpart A, 29 CFR
Part 471.
(d) The Contractor shall comply with all provisions of the employee notice and related rules, regulations, and orders of the Secretary of Labor.
(e) In the event that the Contractor does not comply with the requirements set forth in paragraphs (a) through (d) of this clause, this contract may be terminated or suspended in whole or in part, and the Contractor may be suspended or debarred in accordance with 29 CFR 471.14 and subpart 9.4. Such other sanctions or remedies may be imposed as are provided by 29 CFR part 471, which implements Executive Order 13496 or as otherwise provided by law.
(f) Subcontracts. (1) The Contractor shall include the substance of this clause, including this paragraph (f), in every subcontract that exceeds $10,000 and will be performed wholly or partially in the United States, unless exempted by the rules, regulations, or orders of the Secretary of Labor issued pursuant to section 3 of Executive Order 13496 of
January 30, 2009, so that such provisions will be binding upon each subcontractor.
(2) The Contractor shall not procure supplies or services in a way designed to avoid the applicability of Executive
Order 13496 or this clause.
(3) The Contractor shall take such action with respect to any such subcontract as may be directed by the Secretary of
Labor as a means of enforcing such provisions, including the imposition of sanctions for noncompliance.
(4) However, if the Contractor becomes involved in litigation with a subcontractor, or is threatened with such involvement, as a result of such direction, the Contractor may request the United States, through the Secretary of
Labor, to enter into such litigation to protect the interests of the United States.
52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)
Funds are not presently available for performance under this contract beyond current fiscal year. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond current fiscal year, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
http://farsite.hill.af.mil/ http://farsite.hill.af.mil/
52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.
(b) The use in this solicitation or contract of any DoD FAR Supplement (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT
REPORTING (OCT 2016)
Adequate security means protective measures that are commensurate with the consequences and probability of loss, misuse, or unauthorized access to, or modification of information.
Compromise means disclosure of information to unauthorized persons, or a violation of the security policy of a system, in which unauthorized intentional or unintentional disclosure, modification, destruction, or loss of an object, or the copying of information to unauthorized media may have occurred.
Contractor attributional/proprietary information means information that identifies the contractor(s), whether directly or indirectly, by the grouping of information that can be traced back to the contractor(s) (e.g., program description, facility locations), personally identifiable information, as well as trade secrets, commercial or financial information, or other commercially sensitive information that is not customarily shared outside of the company.
Controlled technical information means technical information with military or space application that is subject to controls on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination.
Controlled technical information would meet the criteria, if disseminated, for distribution statements B through F using the criteria set forth in DoD Instruction 5230.24, Distribution Statements on Technical
Documents. The term does not include information that is lawfully publicly available without restrictions.
Covered contractor information system means an unclassified information system that is owned, or operated by or for, a contractor and that processes, stores, or transmits covered defense information.
Covered defense information means…
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