A02_Combined_Synopsis_and_Solicitation_FBO_7.17.2018.pdf

W81XWH-18-R-0018

COMBINED SYNOPSIS SOLICITATION

1. Issue Date: 19 July 2018

2. Requiring Activity: The United States Army Medical Research Acquisition Activity (USAMRAA), Fort Detrick, MD on behalf of the United States Army Medical Materiel Agency (USAMMA) located at

Fort Detrick, MD is issuing a solicitation for brand name medical equipment repair parts.

3. Description of the Requirement: The USAMMA has a requirement to provide a medical equipment repair parts in order to repair medical equipment used by deployed forces. The medical equipment is repaired at the depots located in Tobyhanna, Pennsylvania; Tracy, California; Hill Air Force Base, Utah;

and Sierra, California; when the repair exceeds the deployed unit’s maintenance capability.

4. Solicitation Number and Title: W81XWH-18-R-0018 USAMMA Medical Equipment Repair Parts.

4.1 This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in the Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. The announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

4.2 The combined synopsis/solicitation is issued as a Request for Proposal (RFP). This solicitation document and incorporated provisions and clauses are those in effect through the Federal Acquisition

Circular 2005-97; 24 January 2018.

4.3 The North American Industry Classification System (NAICS) code is 339112, Surgical and Medical

Instrument Manufacturing, with the size standard of 1,000 employees. This requirement is solicited on an unrestricted basis, and is NOT set aside for small business.

4.4 This acquisition is for the establishment of Multiple-Award (MA) Blanket Purchase Agreements

(BPAs) for brand name medical equipment repair parts. A copy of the redacted Justification and

Approval is included as Attachment 6 – Redacted Justification and Approval.

4.5. The anticipated ordering period is five (5) years.

4.6 The required supplies are the repair parts required in order to repair or refurbish the medical equipment detailed in Attachment 01 – Equipment List.

4.7 The Offerors shall include a completed copy of the FAR provision at 52.213-3, Offeror

Representations and Certification – Commercial Items with its proposal.

4.8 The FAR clause 52.212-4, Contract Terms and Conditions – Commercial Items, applies to this acquisition including the terms and conditions identified in the RFP.

4.9 The FAR clause 52.212-5, Contract Terms and Conditions Required to Implement Statues or

Executive Orders – Commercial Items, applies to this acquisition. See the clause for additional clauses cited and marked for this acquisition.

4.10 This solicitation is unrated, there is no rating assigned under the Defense Priorities and Allocations

System (DPAS).

4.11 Additional BPA requirements and terms and conditions are identified in the attached RFP.

5. Point of Contact: The point-of-contract (POC) for this acquisition is Ms. Rebecca Wisner, Contract

Specialist, rebecca.c.wisner.civ@mail.mil. No telephone calls will be accepted.

6. Instructions for the preparation and Submission of Proposals

6.1 Proposal shall be prepared in accordance with this solicitation and FAR provision 52.212-1, Instructions to Offerors – Commercial Items including the Addendum which is included in the Contract

Clauses Section.

6.2 All proposals shall be evaluated in accordance with this solicitation and FAR 52.212-2.

6.3 The Government reserves the right to accept proposals and to award no BPA at all.

6.4 Questions: Questions concerning the solicitation are due no later than 17 August 2018 at 3:00 PM

Eastern Time. Questions shall be submitted to Ms. Rebecca Wisner at rebecca.c.wisner.civ@mail.mil.

An amendment to the solicitation will be posted in order to address the questions received; however, no questions will be addressed after the cutoff date and time listed above. Please note that only one (1) set of questions per Offeror will be accepted by the Government. No telephone calls will be accepted.

6.5 Due Date: The Offeror’s hard copy proposal shall be received by 05 September 2018 at 3:00 PM

Eastern Time to the following address:

Rebecca Wisner

U.S. Army Medical Research Acquisition Activity (USAMRAA)

839 Chandler Street

Fort Detrick, MD 21702

An electronic copy of the proposal shall be emailed by the due date specified above to the following email address:

rebecca.c.wisner.civ@mail.mil

The Government will not accept proposals received after the specified date and time. Both the hard copy and electronic proposal must be received by the date and time specified.

mailto:rebecca.c.wisner.civ@mail.mil mailto:rebecca.c.wisner.civ@mail.mil

DESCRIPTION OF REQUIREMENT

1. BLANKET PURCHASE AGREEMENT

1.1. The Government intends to award multiple Blanket Purchase Agreements (BPAs) IAW FAR 13.303 on a competitive basis, using the best value Lowest Price Technically Acceptable (LPTA) source selection procedures among price and non-price factors IAW FAR 15.101-2. The Government may award approximately five (5) Multiple-Award (MA) BPAs to the lowest priced technically acceptable

Offerors; however, the Government reserves the right to make the final determination on the number of

BPAs to award based on the Offeror’s ability to provide the required supplies, mission requirements and the Governments administrative costs to efficiently administer each BPA awarded as a result of the solicitation. The Government intends to evaluate and award without discussion; however, the

Government reserves the right to conduct discussions. If discussions are require, they will be conducted with Offerors IAW FAR 15.306.

1.2. The resultant BPAs will be issued on a DD 1155 and will not include Contract Line Items Numbers

(CLINs). As a result, no CLINs are included in the solicitation. The Federal Supply Code (FSC) for this

BPA is 6515: Medical and Surgical Instruments, Equipment and Supplies.

1.3. The resultant Call Orders off the BPAs will be Firm Fixed Price (FFP).

1.4. The ordering period for the BPAs awarded as a result of this solicitation is for five (5) years. IAW

FAR 13.303-6(b) The Contracting Officer shall review at least annually the resultant BPAs and, if necessary, update at that time to maintain awareness of changes in market conditions, sources of supply, and other pertinent factors that may warrant making new arrangements with different suppliers or modifying existing arrangements.

2. EXTENT OF OBLIGATIONS

2.1. The Government is obligated only to the extent of authorized purchases/Call Orders ordered and received under the resultant BPAs.

2.2. The maximum amounts identified in the Statement of Need (SoN) Section 2.3 below shall not be construed as a commitment on the part of the Government for guaranteed Call Order Value.

STATEMENT OF NEED (SON)

MEDICAL EQUIPMENT REPAIR PARTS Blanket Purchase Agreement (BPA)

1. Introduction

The U.S. Army Medical Materiel Activity (USAMMA) is the Army’s Medical Material Manger. The

Agency’s mission is to develop, acquire, provide, and sustain world class solutions and capabilities to enable medical readiness worldwide. USAMMA is responsible for equipping and sustaining the medical forces globally. This includes ensuring medical maintenance supportability and training requirements, equipment reliability and maintainability, and maintenance repair and services of medical equipment and technologies.

1.1 Background

The U.S. Army Medical Research Acquisition Activity (USAMRAA) on behalf of its customer activity, the U.S. Army Medical Materiel Activity (USAMMA) has recurring requirements for brand name new

(not used or refurbished) medical equipment repair parts. USAMMA has four (4) medical equipment repair depots in Tobyhanna, Pennsylvania; Tracy, California; Hill Air Force Base, Utah; and Sierra, California. Medical equipment used by deployed forces is returned to one of these facilities for repair, refurbishment or replacement when the repair exceeds the deployed unit’s maintenance capability. The resultant Multiple Award BPA’s will replace the current Multiple Award BPA’s when the ordering periods expire beginning in March 2019.

1.2 Scope

The Government’s need is to be able to procure all associated brand name repair parts for the brand name piece of equipment being repaired at one of the four USAMMA Medical Equipment Repair Depots.

Attachment 1 – Equipment List identifies 315 pieces of medical equipment by the device National Item

Identification Number (NIIN) and description which require repair parts. These 315 pieces of medical equipment represent approximately 189 manufacturers. Due to the volume of potential repairs parts for the 315 equipment items, the BPAs will be established at the medical equipment level. Thus, any brand name repair part to support repair of any of the 315 equipment items will be within the scope of the

BPAs. The examples below are not inclusive of all equipment or repair parts required. However, it does provide a representative list of the types of equipment and manufacturers for which repair parts are required.

Example #1: NIIN: 01-464-9828, Manufacturer: Weber Scientific, Device Nomenclature:

INCUBATOR, BACTERIOLOG, Model: 3055-70, Part Number: 101- 1000, Part Nomenclature:

Wire Shelf (10-140)

Example #2: NIIN: 01-641-4641, Manufacturer: FORT DEFIANCE INDUSTRIES (FDI), Device Nomenclature: STERILIZER, SURGICALIN; Model: P2131, Part Number: P2131-1-

0034, Part Nomenclature: VALVE, CHAMBER VENT

Example #3: NIIN: 01-557-7829, Manufacturer: CARL ZEISS MEDITEC, INC., Device Nomenclature: MICROSCOPE SURG W/BIN, Model: MICROSCOPE SURG W/BIN, Part Number: 000000-0135-487, Part Nomenclature: POWER CORD VII- H05VV- F3G1.5-

C13W_6.0M GY

Example #4: NIIN: 01-343-5636, Manufacturer: 01-343-5636, Device Nomenclature:

INTUBATING FIBERSCOPE, Model: ENF - P4, Part Number: AR-P10, Part Nomenclature:

SCP-10 Adapter

The resultant BPAs may be used by the Department of Defense medical community. However, all purchases must be in accordance with the Call Order Procedures described in Section 4.0. Accordingly, additional receiving points may be added by the Government at the time that call orders are placed.

1.3 Organization Conflicts of Interest

The Contractor shall perform a thorough comparative analysis of the potential new work against all current and previous work performed in support of the USAMMA organization and provide a comprehensive Organizational Conflicts of Interest (OCI) Mitigation Plan if necessary. The USAMRMC has categorized all service/supply procurements into one of the following three as defined below, for purpose of identifying, avoiding or mitigating against OCIs in accordance with (IAW) FAR Subpart 9.5.

These categories are defined as follows:

Category 1 - Program and/or Administrative Support. Services which, by their very nature, give the

Contractor access to non-public procurement sensitive data about the contract requirements, other

Contractors’ proprietary information, or put the Contractor in a position to influence the award decision on a contract in which they are participating. Services would be characterized as having access to

Command Wide procurement sensitive information, or work that could likely have an influence over follow-on awards or contracts within subordinate directorates/Commands.

Category 2 – Program Management Support. Services which assist in planning and managing an organization’s activities and programs. These include, for example: requirements analysis, acquisition support, budget planning and management, business, process reengineering, program planning and execution support, and independent technical management support. Services would be characterized as having access to only Directorate or Subordinate Command level procurement sensitive information or work that would have little influence on follow-on requirements or requirements of other directorates/Subordinate Commands.

Category 3 - Product Support. Services or end items required to meet the mission requirements of the organization’s activities and programs. These include, for example: concept exploration and development, system design, system development and integration, COTS Procurement and integration, internal development testing, deployment, installation, operations, and maintenance. Services can be characterized as having little or no access to procurement sensitive information other than the immediate requirement and little chances of follow-on work that can be influenced by the immediate requirement.

1.3.1 The USAMMAA medical equipment repair parts BPA is identified as OCI Category 3 – Product

Support. The Contractor shall perform a thorough comparative analysis of the potential new supply effort against all current and previous supply efforts performed in support of USAMMA and ascertain whether there is a possible conflict of interest. If there is a conflict of interest or the appearance of a conflict of interest, the Contractor shall the attached OCI Certification and provide (if necessary) an OCI Avoidance or Mitigation Plan as a means of preventing, avoiding, and mitigating each OCI identified.

2. General Requirements:

2.1 Description of Agreement: The contractor shall furnish new (not used or refurbished) medical equipment repair parts when ordered by the Contracting Officer or a designated Ordering Officer from the date of award through the ordering period. This is a Multiple Award BPA for the purchase of name brand repair parts required to return medical equipment to working order.

2.2. Delivery locations: Deliveries will be made to USAMMA repair depots in Tobyhanna, Pennsylvania;

Tracy, California; Hill Air Force Base, Utah; and Sierra, California. The complete delivery address with be provided on the Call Order.

2.3. Limits: The cumulative ceiling amount of all Call orders and GPC Orders issued against the resultant BPAs for the five (5) year ordering period shall not exceed $20,500,000.00. The Offeror agrees the orders placed under the resultant BPAs shall be accomplished within the specified ceiling. Unless the

Contracting Officer has notified the Offeror in writing of an increase in the cumulative ceiling amount, any costs incurred in excess of the ceiling amount shall be borne by the Offeror. The cumulative ceiling amount is a placeholder value assigned to facilities the issuance of Call Orders and shall not be construed as a commitment on part of the Government for guaranteed Call Order values. The Government is obligated only to the extent of authorized purchases/Call Orders ordered and received under the resultant

BPAs.

2.3.1 IAW Army Federal Acquisition Regulation Supplement (AFARS) 5113.303-5(b)(2), individual

Call Orders shall not exceed $7,000,000.00.

2.3.2 GPC Ordering Officers are limited to purchases with a maximum dollar value of $25,000.00. All orders above $25,000.00 must be issued by Call Order.

2.4. Ordering Periods: The proposed ordering periods for this BPA are detailed in the Table below:

Ordering Period Fiscal Year

February 2019 – January 2020 FY 2019/2020

February 2020 – January 2021 FY 2020/2021

February 2021 – January 2022 FY 2021/2022

February 2022 – January 2023 FY 2022/2023

February 2023 – January 2024 FY 2023/2024

2.5. The following individuals are authorized to make purchases: The Contracting Officer and

Government Purchase Card (GPC) Ordering Officer(s) are the only authorized buyers under this multiple award BPA. A list will be provided to each BPA contractor outlining those individuals authorized to purchase under this BPA, their organizational components, and the dollar value limitations (if any) associated with individual purchasers. Call Orders issued by anyone other than the Contracting Officer and GPC Ordering Officer(s) will not be honored without prior written approval from the Contracting

Officer.

2.6 Delivery Objectives:

The Contractor shall use F.O.B. Destination in accordance with FAR 52.247-34 to the Government authorized locations.

2.6.1 Objective 1: The Contractor shall provide new (not used or refurbished) medical equipment repair parts as specified in the Call Order issued under this BPA.

All Parts must be quality OEM Certified as specified in the BPA. Parts must arrive undamaged and in the same condition as when they left the manufacturers facility. All packaging, instructions, etc. must remain intact from the manufacturer.

The Government will provide a list of required repair parts for each Call Order via the Call Order Request for Quotes (CORFQ). The CO RFQ will include the Minimum Essential Characteristics (MECs) for the required supplies.

2.6.2 Objective 2: The contractor shall ensure the Government receives 100% fulfillment of the required medical equipment repair parts IAW the Required Delivery Date (RDD) specified in each Call Order issued under this BPA.

The fill rate is determined by the number of parts identified on the Call Order. All proposed repair parts must be provided in the exact quantity specified in the Contractor Quote.

The successful Call Order contractor will ship all items, partial shipment is acceptable unless otherwise stated in the BPA call order.

In circumstances when the Contractor is unable to ship 100% of the required supplies, thereby unable to meet the Required Delivery Date (RDD), the Contractor shall provide notification via an email to the

COR within 72 hours from the date of the Call Order. The notification shall identify the supplies that will not be shipped by the RDD and the actual date the Government will receive the supplies.

2.6.3 Objective 3: The contractor shall meet the standards specified in the CO RFQ for delivery, handling, packaging and shipping instructions of supplies to the Government authorized locations

The RDD agreed upon in the Contractor’s quote and in the resulting Call Order must be strictly adhered

to. All parts must arrive by the date agreed upon by the contractor and the ordering agent.

The Contractor shall ensure shipments contain the Mark For Instructions for each Call Order.

Shipment of supplies shall take place as defined in the Call Order. The Contractor shall ensure the

Delivery Ticket is included with the shipment and is available to the receiving facility and personnel.

2.7 Delivery Tickets: All shipments made under this agreement shall be accompanied by delivery ticket or sales slips as required by FAR 13.303-3(a)(5), and contain all following minimum information:

Name of supplier

BPA number

Date of purchase

Purchase (delivery order) number: W81XWHXXXXXXX

Itemized list of items furnished

Quantity, unit price, and extension of each item

Date of delivery or shipment.2.8 Invoicing

2.8.1 The contractor shall not submit invoices for payment in accordance with the Call Order until products are received, inspected (within 7 days), and accepted at the designated “ship-to” location.

2.8.2. The contractor shall identify appropriate CLIN numbers on invoice. If CLIN numbers are not properly identified on an invoice then it will not be approved for payment and will be returned for correction.

2.8.3. Invoicing Instructions: Payment will be made by an authorized Government Purchase Card (GPC) holder at the ordering location. For Call Orders issued on a DD1155 or SF1449, the Contractor shall submit invoices in accordance with DFARS 252.232-2006 Wide Area WorkFlow Payment Instructions, with payment made by Electronic Funds Transfer by DFAS.

3.0. BPA Administration and Management

The SoN provides two distinct activities and functions: (1) Base BPA activities and (2) Individual Call

Order activities. The Contractor shall appoint a single point-of-contact with the overall responsibility for

BPA management including all Call Orders.

3.1. Base BPA Administration and Management Activities

3.1.1 Government Management of the BPA.

3.1.1.2 The Contracting Officer will have overall responsibility for administering the BPA. The

Contracting Officer is the only person authorized to obligate the Government and make changes to the

BPA. The Contracting Officer will manage BPA administration and performance delivery surveillance supported by Contracting Officer’s Representative (COR).

The ordering period for the BPAs awarded as a result of this solicitation is for five (5) years. The

Contracting Officer shall review at least annually the resultant BPAs in accordance with FAR 13.303-6, and, if necessary, update at that time to maintain awareness of changes in market conditions, sources of supply, and other pertinent factors that may warrant making new arrangements with different suppliers or modifying existing arrangements.

3.1.1.2 The Contracting Officer will officially appoint (in writing) a COR to oversee the Base BPA and all Call Orders issued. The Government’s BPA COR will have responsibility for:

(1) Ensuring evaluations are developed for performance of delivery for Call Orders.

(2) Providing advice and assistance in resolving any delivery issues that may arise from the award of the Call Orders.

(3) Initiating and coordinating global BPA changes such as changes in the paying office.

(4) Conducting other activities as specified in the COR appointment memorandum.

(5) Elevating to the Contracting Officer any problems that cannot be addressed by the COR.

3.1.2 Contractor Management of the BPA. The Contractor shall establish processes and assign appropriate resources to effectively administer the requirement. The Contractor shall respond to

Government requests for contractual actions in a timely fashion. The Contractor shall designate a single point-of-contact between the Government and the Contractor to oversee the Base BPA. The Contractor’s designated single point-of-contact shall be responsible for addressing BPA issues, quality issues, and overall Contractor performance. This may include coordination with the Contracting Officer, Contract

Specialist, and the COR to resolve any issues that may arise, trends relating to the Base BPA or proposed changes or modifications to the BPA.

3.1.2.1 The Contractor shall notify the Contracting Officer immediately if there is even the appearance of any technical direction that is or may be outside the scope of the BPA. The Government will not reimburse the Contractor for any supplies the Contracting Officer or the GPC Ordering Officers did not authorize.

3.1.2.2 The Contractor shall notify the Contracting Officer in writing if there are any administrative changes to the Base BPA.

3.1.2.3 The Contractor shall immediately notify the Contracting Officer for clarification when a question arises regarding the authority of any person to act for the Contracting Officer under the BPA.

3.1.2.4. Contractor Monthly GPC Reports (Deliverable 1)

The Contractor shall deliver a Monthly Government Purchase Card Report (GPC) via e-mail to the

Contracting Officer of all GPC Orders with in five (5) days after the close of the month. The reports shall include all GPC Orders placed from the first day of the month to the last day of the month. Reports shall reflect, a minimum, the following information:

Unique Order Number

Date of Order

Item Descriptions(s)

Total Dollar Amount of Each Order

Authorized Ordering Official’s name

3.1.2.5 Contractor Annual Reports (Deliverable 2)

The BPA Contractor shall deliver an annual report within 10 days after the anniversary date of the BPA to the Contracting Officer at USAMMRA detailing all products (including both GPC Orders and Call

Orders) ordered by:

a. Order number and delivery location (i.e. Tobyhanna PA, Tracy CA, Hill UT, or Sierra, CA)

b. Product Name and part/catalog number

c. QTY ordered and total dollar value

d. Cumulative total of all orders received

e. Delivery quoted versus actual delivery performance

3.2 Individual Call Order Administration and Management Activities

3.2.1 Government Management of the Call Order. The Contracting Officer will have overall responsibility for administering the Call Orders. The Contracting Officer is the only person authorized to obligate the Government and make changes to the Call Orders.

A technical point of contact will be identified in each Call Order and will serve as the primary point-of-contact for all activities and issues that occur under each Call Order. The technical point of contact for the Call Order is responsible for:

(1) Serving as the primary technical point-of-contact for the Call Order, as required.

(2) Identifying the need for and sending Call Order modification requirements to the Contracting

Officer, as required.

(3) Reviewing, and accepting or rejecting all Contractor deliveries provided under the Call Order.

(4) Serving as the approval and disapproval authority for receiving reports and invoices.

(6) Conducting Call Order surveillance activities.

(7) Conducting other activities as specified in the Call Order.

(8) Elevating to COR any problems that cannot be adequately addressed by the Call Order COR.

3.2.2 Contractor Management of the Call Order. The Contractor shall establish processes and assign appropriate resources to effectively administer the Call Orders. The Contractor shall designate a single point-of-contact between the Government and the Contractor to oversee each Call Order. The

Contractor’s designated single point-of-contact shall be responsible for addressing delivery delays, payment/invoicing concerns, quality issues, and any other performance issue for the particular Call Order.

This may require coordination with the Contracting Officer, Contract Specialist, and the Technical Point of Contract for resolution.

4.0 CALL ORDER PROCEDURES

4.1. Call Order Competition: Requirements will be fulfilled through FFP Call Orders awarded as a result of fair opportunity competition amongst all MA-BPA Contractors. The Government reserves the right to set-aside Call Orders for Small Business.

4.2 Call Order Requests for Quotes (CO RFQ): Prior to issuance of a Call Order and upon definition of the Government requirement, either:

a. The Contract Specialist will, in writing, issue a CO RFQ, or

b. An Ordering Official (GPC) will, in writing or verbally, issue a CO RFQ.

4.3 Call Order Response: The Contractor shall provide its Call Order response to the Contract Specialist or authorized Ordering Official no later than five (5) working days after receipt of the CO RFQ, unless otherwise specified in the CO RFQ.

4.4 Call Order Evaluation: Call Order quotes will be evaluated using Lowest Price Technically

Acceptable (LPTA) source selection procedures; however, the Government reserves the right to utilize other source selection procedures based on the individual requirement and as specified in the CO RFQ.

4.5 Call Order Issuance: The Ordering Official or USAMRAA Contracting Officer will issue the Call

Order electronically to the successful BPA contractor. The successful Call Order vendor will ship all items F.O.B. Destination, partial shipment is acceptable unless otherwise stated in the Call Order. The

DD 1155 or SF 1449 will be used to award Call Orders and signifies the Contracting Officer’s notification to commence work. The Contractor shall not proceed with the Call Order assignments until notification is received from the Contracting Officer or authorized GPC Ordering Officer(s).

4.6 Call Order Modification: The Call Orders, and modifications to Call Orders, will be numbered by the issuing office. Modifications to the Call Order will be designated by the modification number and contain the original Call Order number.

4.7 Call Order Delivery Dates: Deliveries can be accepted Monday through Friday, 7:00 AM – 4:30 PM.

The following Federal holidays are observed and no supply deliveries shall occur on the dates specified.

Any of the below holidays falling on a Saturday will be observed on the preceding Friday; holidays falling on a Sunday will be observed on the following Monday.

a. New Year’s Day, 1 January

b. Martin Luther King’s Birthday, 3rd Monday in January

c. President’s Day, 3rd Monday in February

d. Memorial Day, last Monday in May

e. Independence Day, 4 July

f. Labor Day, 1st Monday in September

g. Columbus Day, 2nd Monday in October

h. Veteran’s Day, 11 November

i. Thanksgiving Day, 4th Thursday in November

j. Christmas Day, 25 December

4.8 Government Obligation: The total of all completed and outstanding Call Orders will at no time exceed the current amount obligated.

4.9 Disputes: The Special Advocate for Competition for the U.S. Army Medical Research Acquisition

Activity (USAMRAA), Fort Detrick, Maryland has been designated as the Ombudsman for this BPA.

4.10 Call Order Inspection and Acceptance

4.10.1 All shipments made under this agreement shall be accompanied by delivery ticket as stated in

Section 2.7 above and are required for Inspection and Acceptance.

4.10.2 The Government shall provide certification of satisfaction upon receipt of the medical equipment repair parts in accordance with the terms and conditions of the base BPA and all Call Orders. If the delivery fails to meet the specifications defined in the Call Order, the delivery will be returned to

Contractor.

4.10.3 The Government may reject or require correction of any deficiencies found in the invoice or receiving report. In the event of a rejected invoice or receiving report, the Contractor will be notified in writing with the specific reason for rejection.

4.11 Call Order Invoicing shall be prepared in accordance with Section 2.8.

5.0 SUBCONTRACTS

5.1. Subcontractors are authorized IAW FAR 19.702. The prime Contractor shall manage all subcontract arrangements. All subcontractor arrangements must be presented in enough detail to allow the

Government to understand conceptually how the Brand Name medical equipment repair parts are to be provided by the Offeror and what will be provided by each subcontractor.

5.2. Additional Subcontractors

5.2.1. Prime Contractors shall obtain Contracting Officer approval of any new subcontractors proposed under this BPA after the base BPA awarded within 30 days of the signed agreement. The Prime

Contractor must ensure the Contracting Officer is provided the necessary documentation to justify the inclusion of a newly proposed subcontractor on an individual basis. This justification documentation, as delineated below, shall be provided to the Contracting Officer within a reasonable amount of time prior to

Call Orders award in order for the government to conduct proper due diligence. The Government may require a minimum of ninety (90) days, or more, to conduct any needed price or technical analysis.

5.2.2. The Prime Contractor must submit justification for proposing new subcontractors. The following documentation shall be included in this justification.

a. Technical Justification – The Prime Contractor must explain what value will be added by the newly proposed subcontractor either for a specific individual Call Order or the base award Contract for future

Call Orders.

b. Organization Conflicts of Interest (OIC) Certification – The Prime Contractor must verify the proposed subcontractor does not perform other work in support of USAMAA that may create an OCI situation.

The Prime Contractor must inform the Contracting Officer whether or not there are any potential OCI issues with the proposed subcontractor and, if there are OCI issues, how the OCI issues will be mitigated.

c. Price Analysis – The Prime Contractor must conduct a thorough review of the subcontractor’s proposed prices and determine whether those prices are fair and reasonable for this BPA or for the specific individual Call Orders. The Prime Contractor must provide documentation of the price analysis that discusses the steps taken during the analysis to conclude the prices are fair and reasonable.

5.2.3. All newly proposed subcontractor(s) must also include signed subcontracting agreement(s). The new subcontractor(s) shall not perform under this BPA or Call Orders until the Contracting Officer has explicitly approved the inclusion of that new subcontractor in writing to the prime Contractor.

5.2.4 Subcontracting Plan

IAW FAR 19-702(a)(1), a solicitation of offers to perform a contract that individually is expected to exceed $700,000.00 and has subcontracting possibilities, the Offeror is required to submit a

Subcontracting Plan. Subcontracting Plans are not required from small business. If the Offeror is other than a small business, the Offeror’s proposal shall include a Subcontracting Plan IAW FAR 19.704 and

FAR 52.219-9.

6.0 DELIVERABLES

The contractor shall provide electronic copies of the Deliverables identified in the table below for the

Base BPA.

Deliverable SoN Reference Title Distribution Date of Submission

1 3.1.2.4 Monthly GPC

Order Report

Contract

Specialist and

COR

Monthly, within five (5) calendar days after the close of each month.

2 3.1.2.5 Annual Report Contracting

Officer

Annual report, within ten

(10) calendar days after the close of each one (1) year ordering period.

7.0 QUALITY ASSURANCE

The Government intends to utilize a Quality Assurance Surveillance Plan (QASP), see Attachment 03, to monitor the quality of the Contractor’s performance. The oversight provided for in the order and in the

QASP will help to ensure that service levels reach and maintain the required levels throughout the contract term. Further, the QASP provides the COR with a proactive way to avoid unacceptable or deficient performance, and provides verifiable input for the required Performance Reports. The QASP will be finalized immediately following award, and a copy provided to the Contractor after award. The

QASP is a living document and may be updated by the Government as necessary.

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions NOV 2013

52.203-3 Gratuities APR 1984

52.203-6 Alt I Restrictions On Subcontractor Sales To The

Government (Sep 2006) -- Alternate I

OCT 1995

52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

OCT 2010

52.203-13 Contractor Code of Business Ethics and Conduct OCT 2015

52.203-17 Contractor Employee Whistleblower Rights and

Requirement To Inform Employees of Whistleblower

Rights

APR 2014

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-13 System for Award Management Maintenance OCT 2016

52.204-16 Commercial and Government Entity Code Reporting JUL 2016

52.204-18 Commercial and Government Entity Code Maintenance JUL 2016

52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-20 Predecessor of Offeror JUL 2016

52.209-2 Prohibition on Contracting with Inverted Domestic

Corporations--Representation

NOV 2015

52.209-5 Certification Regarding Responsibility Matters OCT 2015

52.209-7 Information Regarding Responsibility Matters JUL 2013

52.209-9 Updates of Publicly Available Information Regarding

Responsibility Matters

JUL 2013

52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

52.209-11 Representation by Corporations Regarding Delinquent

Tax Liability or a Felony Conviction under any Federal

Law

FEB 2016

52.209-12 Certification Regarding Tax Matters FEB 2016

52.211-17 Delivery of Excess Quantities SEP 1989

52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017

52.222-22 Previous Contracts And Compliance Reports FEB 1999

52.225-25 Prohibition on Contracting with Entities Engaging in

Certain Activities or Transactions Relating to Iran--

Representation and Certifications.

OCT 2015

52.229-4 Federal, State, And Local Taxes (State and Local

Adjustments)

FEB 2013

52.232-1 Payments APR 1984

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

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

52.246-2 Inspection Of Supplies--Fixed Price AUG 1996

52.246-16 Responsibility For Supplies APR 1984

52.247-34 F.O.B. Destination NOV 1991

252.201-7000 Contracting Officer's Representative DEC 1991

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower

Rights

SEP 2013

252.203-7003 Agency Office of the Inspector General DEC 2012

252.203-7005 Representation Relating to Compensation of Former

DoD Officials

NOV 2011

252.204-0001 Line Item Specific: Single Funding SEP 2009

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7004 Alt A System for Award Management Alternate A FEB 2014

252.204-7006 Billing Instructions OCT 2005

252.204-7008 Compliance With Safeguarding Covered Defense

Information Controls

OCT 2016

252.204-7011 Alternative Line Item Structure SEP 2011

252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

OCT 2016

252.204-7015 Notice of Authorized Disclosure of Information for

Litigation Support

MAY 2016

252.205-7000 Provision Of Information To Cooperative Agreement

Holders

DEC 1991

252.209-7004 Subcontracting With Firms That Are Owned or

Controlled By The Government of a Country that is a

State Sponsor of Terrorism

OCT 2015

252.213-7000 Notice to Prospective Suppliers on Use of Supplier

Performance Risk System in Past Performance

Evaluations

MAR 2018

252.215-7008 Only One Offer OCT 2013

252.225-7001 Buy American And Balance Of Payments Program--

Basic (Dec 2017)

DEC 2017

252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017

252.225-7031 Secondary Arab Boycott Of Israel JUN 2005

252.225-7012 Preference For Certain Domestic Commodities DEC 2017

252.225-7021 Trade Agreements--Basic DEC 2017

252.225-7036 Buy American--Free Trade Agreements--Balance of

Payments Program--Basic (DEC 2017)

DEC 2017

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

252.246-7000 Material Inspection And Receiving Report MAR 2008

CLAUSES INCORPORATED BY FULL TEXT

52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (JUL 2016)

(a) Definitions. As used in this provision--

Commercial and Government Entity (CAGE) code means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense

Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the

NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

(b) The Offeror represents that it [ ___ ] has or [ ___ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph

(c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.

(c) If the Offeror indicates ``has'' in paragraph (b) of this provision, enter the following information:

Immediate owner CAGE code:

Immediate owner legal name: ___

(Do not use a ``doing business as'' name)

Is the immediate owner owned or controlled by another entity?:

[ ___ ] Yes or [ ___ ] No.

(d) If the Offeror indicates ``yes'' in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:

Highest-level owner CAGE code:

Highest-level owner legal name:

(Do not use a ``doing business as'' name)

(End of provision)

52.204-20 Predecessor of Offeror (JUL 2016)

(a) Definitions. As used in this provision--

Commercial and Government Entity (CAGE) code means--

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense

Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the

NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name.

The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

(b) The Offeror represents that it [____] is or [____] is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: ____ (or mark “Unknown”).

Predecessor legal name: ____.

(Do not use a “doing business as” name).

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by

Kaspersky Lab and Other Covered Entities.

As prescribed in 4.2004, insert the following clause:

PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES

DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES (JUL

2018)

(a) Definitions. As used in this clause–

“Covered article” means any hardware, software, or service that–

(1) Is developed or provided by a covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a covered entity.

“Covered entity” means–

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab;

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or

(4) Any entity of which Kaspersky Lab has a majority ownership.

(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year

2018 (Pub. L. 115-91) prohibits Government use of any covered article. The Contractor is prohibited from–

(1) Providing any covered article that the Government will use on or after October 1, 2018; and

(2) Using any covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.

(c) Reporting requirement.

(1) In the event the Contractor identifies a covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or any other source, the

Contractor shall report, in writing, to the Contracting Officer or, in the case of the Department of Defense, to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the

Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (c)(1) of this clause:

(i) Within 1 business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer

(OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the

Contractor shall describe the efforts it undertook to prevent use or submission of a covered article, any reasons that led to the use or submission of the covered article, and any additional efforts that will be incorporated to prevent future use or submission of covered articles.

(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for the acquisition of commercial items.

(End of clause)

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JAN 2017)

**INCLUDES ADDENDUM. STARTING AT SECTION “M” BELOW**

(a) North American Industry Classification System (NAICS) code and small business size standard. The

NAICS code and small business size standard for this acquisition is 339112. However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated

Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation,…