W9114F22Q0004-0001 RFQ Conformed.pdf

SEE ADDENDUM

(No Collect Calls)

W9114F22Q0004 30-Mar-2022

b. TELEPHONE NUMBER

+49 6371 9464 6789

8. OFFER DUE DATE/LOCAL TIME

04:00 PM 02 May 2022

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W9114F9. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

HENNING MAYER-GOLDSTEIN

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

W40M RHCO USAHCA EUROPE

REGIONAL HEALTH CONTR OFC EUROPE

CMR 402

APO AE 09180

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: 011 49 6371 86 113 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

NAICS:

811219

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF78

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W9114F22Q0004

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 8 Job Surgical Instrument Repair & Maintenance

FFP

Ordering Period 1: 1 June 2022 - 31 May 2023 The contractor shall provide non-personal on-site Surgical Instrument Repair and Maintenance Services for all items specified in the Schedule of Estimated Items (Exhibit A).

FOB: Destination

PSC CD: J065

MAX

NET AMT

UNIT UNIT PRICE MAX AMOUNT

1001 8 Job Surgical Instrument Repair & Maintenance

FFP

Ordering Period 2: 1 June 2023 - 31 May 2024 The contractor shall provide non-personal on-site Surgical Instrument Repair and Maintenance Services for all items specified in the Schedule of Estimated Items (Exhibit A).

UNIT UNIT PRICE MAX AMOUNT

2001 8 Job Surgical Instrument Repair & Maintenance

FFP

Ordering Period 3: 1 June 2024 - 31 May 2025 The contractor shall provide non-personal on-site Surgical Instrument Repair and Maintenance Services for all items specified in the Schedule of Estimated Items (Exhibit A).

UNIT UNIT PRICE MAX AMOUNT

3001 8 Job Surgical Instrument Repair & Maintenance

FFP

Ordering Period 4: 1 June 2025 - 31 May 2026 The contractor shall provide non-personal on-site Surgical Instrument Repair and Maintenance Services for all items specified in the Schedule of Estimated Items (Exhibit A).

UNIT UNIT PRICE MAX AMOUNT

4001 8 Job Surgical Instrument Repair & Maintenance

FFP

Ordering Period 5: 1 June 2026 - 31 May 2027 The contractor shall provide non-personal on-site Surgical Instrument Repair and Maintenance Services for all items specified in the Schedule of Estimated Items (Exhibit A).

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 1001 Destination Government Destination Government 2001 Destination Government Destination Government 3001 Destination Government Destination Government 4001 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 N/A N/A N/A N/A

1001 N/A N/A N/A N/A

2001 N/A N/A N/A N/A

3001 N/A N/A N/A N/A

4001 N/A N/A N/A N/A

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(JUN 2020) -- Alternate I

DEC 2021

52.203-12 Limitation On Payments To Influence Certain Federal Transactions

JUN 2020

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights

JUN 2020

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

MAY 2011

52.204-7 System for Award Management OCT 2018 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-17 Ownership or Control of Offeror AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab and Other Covered Entities

DEC 2021

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

DEC 2021

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

DEC 2021

52.212-1 Instructions to Offerors--Commercial Products and Commercial Services

DEC 2021

CLAUSE(S) 52.212-1 - ADDENDUM TO 52.212-1

The following paragraphs are hereby amended:

Paragraph 52.212-1(a) the small business size standards and any resulting set asides or preferences do not apply to this Request for Quote.

Paragraph 52.212-1(b), the second sentence is deleted and replaced with the following: “Quotes must be submitted on the Standard Form (SF) 1449 and accompanied by all requested items elsewhere specified in the solicitation.

Paragraph 52.212-1(b)(10) is deleted and replaced by “information required to be submitted with ‘Factor 3 – Prices’ of the quote.

Paragraph 52.212-1(c), Period for acceptance of quotes is hereby replaced with the following: “Period for acceptance of quotes. The quoter agrees to hold the prices in its quote firm for 90 calendar days from the date specified for receipt of quotes, unless another time period is specified in an addendum to the solicitation.”

Paragraph 52.212-1(e) Multiple quotes does not apply to this Request for Quote.

Paragraph 52.212-1(g), the following paragraph is added to the end of the current paragraph as follows: "After evaluating quotes, if discussions are deemed necessary, the contracting officer may determine that the number of most highly rated quotes that might otherwise be included in the competitive range exceeds the number at which an efficient competition can be conducted. In this event, the contracting officer may limit the number of quotes in the competitive range to the greatest number that will permit an efficient competition among the most highly rated quotes."

Paragraph 52.212-1(h)(iii) Only one contract will be awarded from this RFQ. Award will be on an “All OR NONE” basis. Quotes for less than all items will be rejected as nonconforming and unacceptable to the RFQ.

The following paragraphs are hereby added:

Paragraph 52.212-1(m), The non-FAR Part 12 discretionary FAR and DFARS provisions included herein are incorporated into this solicitation either by reference or in full text. If incorporated by reference, see provision 52.252-1 herein for locations where full text can be found.

Paragraph 52.212-1(n), Organizational Conflict of Interest. For those quoters planning to engage in a teaming arrangement or to use subcontractors, a conflict of interest may be created if a company is identified as a prime quoter, teaming partner/subcontractor, or as a member of a Joint Venture on more than one quote. Each participating company shall only submit one quote. If the contracting officer concludes during quote evaluation that a potential conflict of interest exists because one or more companies have participated in more than one quote as a prime quoter, teaming partner/subcontractor, or as a member of a Joint Venture, the contracting officer reserves the right to require a conflict of interest mitigation plan from the prime quoters of those quotes. If a quoter fails to submit a plan, or submits an inadequate plan, the quoter may not be considered.

QUOTE SUBMISSION

1. INSTRUCTION

a. ELECTRONIC Quote. Quoters may submit electronic quote in response to this Request for Quote. The quote must be received by the quote due date/local time as specified in block 8 of the SF 1449 cover page to the inbox of the following email address: henningfalk.mayer-goldstein.ln@mail.mil Vendors may call Mr. Henning Mayer-Goldstein at +49 (6371) 9464 6789 to verify receipt of the quote. If the vendor chooses to email the quote, the Government will not be responsible for any failure of transmission or receipt of the quote, or any failure of the vendor to verify receipt of the emailed quote.

b. FORMAT and SIZE: Each paragraph shall be separated by at least one blank line. A standard, 12-point minimum font size applies. Margins: Top, Bottom, Left, Right – 1” Page Size, Width – 8.5” Page Size, Height – 11” or DIN A4 size. Tables and illustrations may use a reduced font size not less than 8-point and may be landscape. Page size 11x17 or DIN A3 size may be used where needed for readability, however, each printed side of an 11x17 or A3 size page will count as two pages Page limitations shall be treated as maximums. If exceeded, the excess pages will not be read or considered in the evaluation of the quote and (for paper copies) will be returned to the quoter as soon as practical. The technical quote shall address how you will comply with the requirements set forth in the PWS and must clearly explain each of the technical subfactors as shown in paragraph (4) above. The following is excluded from the page count: copies of certificates, price schedule, completed FAR 52.212-3 Quoter Representations and Certifications – Commercial Items, and acknowledgement of any amendments issued.

c. FACTORS: The quoter’s quote shall consist of the following sections:

SF 1449 (completed and signed) Factor 1 – Technical, Factor 2 – Past Performance and Factor 3 – Prices (Exhibit A - Schedule of Estimated Items)

d. QUESTIONS. Prospective quoters are strongly encouraged to submit any questions regarding this Request for Quote no later than ten (10) business days prior to the request for quote due date specified in block 8 of the SF 1449 cover page. Questions can be emailed to henningfalk.mayer-goldstein.ln@mail.mil. All questions received will be answered officially through an amendment to the Request for Quote for distribution to all prospective quoters. Questions received after the CET cut-off date/time will not be accepted by the Government.

FACTOR 1 – TECHNICAL:

Quoter shall demonstrate compliance with the requirements in the solicitation by submitting a written quote which addresses compliance with each of the following technical subfactors:

SUBFACTOR 1:

The quoter shall provide a capability statement which proves the quoter’s capability to provide a broad range of on-site surgical sharpen, repair and refurbishment services in accordance with FDA and U.S.

National standards for surgical instruments which includes the following:

Sharpening:

-Osteotomes -Chisels -Gouges -Elevators -Curettes -Bone Hooks -Trocars -All Scissors -Ronguers, to include laminectomy -Bone Cutters -Microsurgical Instruments -Pin Cutters -Biopsy Punches & Forceps -Clamps with teeth and without teeth -Reamers, Burrs -Wire Cutters, Twisters

Repair:

-Ring-Handled forceps, clamps, and clips

-Dressing and tissue forceps -Hand-held retractors, speculas, dilators, and sounds -Suction tubes and cannulas -Knives, rasps, needles -Mallets -Microsurgical instruments -Punches (nasal, biopsy arthroscopy, adenoid) -Hand-held drills -Snares -Self-retraining retractors, speculas, dilators -Tungsten carbide insert replacement -Microsurgical forceps (teeth rebuilt) -Endoscopic instruments sharpening/repair -Endoscopic instruments re-insulation -Speculum -Graspers -Obturators

SUBFACTOR 2:

The quoter shall provide a capability statement which proves the quoter’s capability to perform inspection of the instruments in order to determine which service needs to be provided.

SUBFACTOR 3:

The quoter shall provide a capability statement which proves the quoter’s capability to provide the following services:

-Laparoscopic insulation testing and re-insulation repair -Demagnetize stainless steel handheld instruments -Etching for instrument identification -Power hose leakage evaluations -Replacement of tungsten carbide inserts in needle holders and tissue forceps -Improvement plans -Training of Government personnel

SUBFACTOR 4:

The quoter shall provide proof of documented formal instrument sharpening and repair training in General Surgery, OB/GYN Surgery, Ortho Surgery, Neuro Surgery, Eye Surgery, ENT Surgery, Micro-surgery, Laparoscopic Surgery, Thoracic Surgery, Vascular Surgery, Plastic Surgery, DaVinci or Robotic Surgery instrumentation.

SUBFACTOR 5:

The quoter shall provide a capability statement which proves the quoter’s capability to provide service providers which are able to write, speak, and understand English.

FACTOR 2 – PAST PERFORMANCE:

(i) List at least three (3) references, but not more than five (5), to include Point of Contact, Email address, Telephone Number, Nature of Work, Annual Dollar Value, Contract Number, Location and Time Period involved. Past performance information should be for work performed within the past three (3) years. Any/all references received beyond the maximum number will not be evaluated.

FACTOR 3 – PRICE:

A complete pricing package shall include the information below:

(1) Quoter’s quoted prices shall be provided in electronic format on the Excel spreadsheet included in the solicitation as Exhibit A, “Schedule of Estimated Items”.

(2) The price quote shall be read only but not password protected. All formulas, lookup tables, and links shall be intact, and no links shall exist to files not included with the submission. Spreadsheets shall not contain hidden worksheets.

(3) The quoter shall limit their prices to two decimal places (example: $/€3.45).

(4) All information related to pricing shall only be included in this section of the quote and identified as pricing data.

(5) Contract Line Item Number (CLIN) pricing:

a) CLIN 0001 SURGICAL INSTRUMENT REPAIR & MAINTENANCE SERVICES.

Quoters shall provide a unit and extended price for each item to be refurbished listed in Exhibit A, Schedule of Estimated Items, as well as a total quoted amount for all items to be refurbished based on the estimated quantities. The successful quoter’s quoted prices will be incorporated into the contract award as Exhibit A, Schedule of Estimated Items, for the first 12-month ordering period.

(i) Quoters shall submit fixed pricing for all tests listed in Exhibit A. Failure to provide fixed pricing for all items to be furnished will render the quote ineligible for award.

b) CLIN 1001 SURGICAL INSTRUMENT REPAIR & MAINTENANCE SERVICES.

Exhibit A, Schedule of Estimated Items, as well as a total quoted amount for all items to be refurbished based on the estimated quantities. The successful quoter’s quoted prices the second 12-month ordering period.

c) CLIN 2001 SURGICAL INSTRUMENT REPAIR & MAINTENANCE SERVICES.

Exhibit A, Schedule of Estimated Items, as well as a total quoted amount for all items to be refurbished based on the estimated quantities. The successful quoter’s quoted prices the third 12-month ordering period.

d) CLIN 3001 SURGICAL INSTRUMENT REPAIR & MAINTENANCE SERVICES.

Exhibit A, Schedule of Estimated Items, as well as a total quoted amount for all items to be refurbished based on the estimated quantities. The successful quoter’s quoted prices the fourth 12-month ordering period.

e) CLIN 4001 SURGICAL INSTRUMENT REPAIR & MAINTENANCE SERVICES.

Exhibit A, Schedule of Estimated Items, as well as a total quoted amount for all items to be refurbished based on the estimated quantities. The successful quoter’s quoted prices the fifth 12-month ordering period.

ACQUISITION PROCEDURE

This is a commercial item under FAR Part 12 and the acquisition procedures to be used for this purchase will be in accordance with FAR Part 13.5, Simplified Procedures for Certain Commercial Products and Commercial Services.

SPECIAL NOTE: All vendors must be registered in the System for Award Management (SAM) prior to award, and lack of registration shall make a quote ineligible for award. Vendors may obtain information on registration and annual confirmation requirements by calling 1-866-606-8220 or via Internet at https://www.sam.gov.

(End of Addendum)

52.212-4 Contract Terms and Conditions--Commercial Products and

Commercial Services

DEC 2021

CLAUSE(S) 52.212-4 - ADDENDUM TO 52.212-4

Paragraph 52.212-4(w) is hereby added:

(w) The non-FAR Part 12 discretionary FAR and DFARS 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.

(End of Addendum)

52.214-34 Submission Of Offers In The English Language APR 1991 52.216-27 Single or Multiple Awards OCT 1995 52.222-29 Notification Of Visa Denial APR 2015 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-3 Hazardous Material Identification And Material Safety Data FEB 2021 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-10 Waste Reduction Program MAY 2011 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.229-6 Taxes--Foreign Fixed-Price Contracts FEB 2013 52.232-18 Availability Of Funds APR 1984 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

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

Subcontractors

DEC 2021

52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-1 Site Visit APR 1984 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.242-13 Bankruptcy JUL 1995 52.242-15 Stop-Work Order AUG 1989 52.244-2 Subcontracts JUN 2020 52.244-6 Subcontracts for Commercial Products and Commercial

Services

JAN 2022

52.245-1 Government Property SEP 2021 52.246-4 Inspection Of Services--Fixed Price AUG 1996 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 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7016 Covered Defense Telecommunications Equipment or Services

-- Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

MAY 2021

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

JAN 2021

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.216-7003 Economic Price Adjustment - Wage Rates or Material Prices Controlled by a Foreign Government

MAR 2012

252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7005 Identification Of Expenditures In The United States JUN 2005 252.225-7021 (Dev) Trade Agreements - Basic (DEVIATION 2020-O0019) JUL 2020 252.225-7041 Correspondence in English JUN 1997 252.225-7048 Export-Controlled Items JUN 2013 252.232-7008 Assignment of Claims (Overseas) JUN 1997 252.232-7010 Levies on Contract Payments DEC 2006 252.232-7017 Accelerating Payments to Small Business Subcontractors--

Prohibition on Fees and Consideration

APR 2020

252.233-7001 Choice of Law (Overseas) JUN 1997 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012

CLAUSES INCORPORATED BY FULL TEXT

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC

2014)

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

(End of clause)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

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

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

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)

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(a) Evaluation. The Government will evaluate each quotation using Simplified Acquisition Procedures under FAR 13.5, Simplified Procedures for Certain Commercial Items, lowest price, acceptable past performance and technically acceptable quote to the Government. The Government will evaluate Factor (1) Technical Capability to determine technical acceptability, Factor (2), Past Performance, and Factor (3) Price, to determine the successful awardee. In order to receive an “Acceptable” rating in the Technical Capability, each subfactor must receive a rating of no less than “Acceptable”.

The quote with the lowest total price will be evaluated first in regards to their Technical Capability and Past Performance. If the lowest priced quote is rated to be “Acceptable”, in Factor 1 and Factor 2, then an ID/IQ contract will be issued without discussions. If the lowest price quote is rated “Unacceptable” in either the Technical Capability or Past Performance factors, that quoter will not be considered any further for award. Evaluations will continue to the next lowest price quote. Evaluations will continue until the Government evaluations find the lowest price quote rated as “Acceptable” in Factor 1 and Factor 2.

The Government reserves the right to conduct discussions if it is later determined by the Contracting Officer to be necessary. The Government reserves the right to obtain information for use in the evaluation of past/present performance from any and all sources, including but not limited to the Contractor Performance Assessment Reporting System (CPARS), the Federal Awardee Performance Integrity Information System (FAPIIS). The Government will award an ID/IQ contract with fixed unit priced CLINs resulting from this solicitation to the responsible quoter on the basis of the lowest evaluated price of quotes meeting or exceeding the acceptability standards for technical factors, and acceptable past performance.

FACTOR 1 – TECHNICAL: The quoter shall submit a written quote which explains how to comply with the requirements in the request for quote:

SUBFACTOR 1:

The quoter shall provide a capability statement which proves the quoter’s capability to provide a broad range of on-site surgical sharpen, repair and refurbishment services in accordance with FDA and U.S. National standards for surgical instruments which includes the following:

Sharpening:

-Osteotomes -Chisels -Gouges -Elevators -Curettes -Bone Hooks -Trocars -All Scissors -Ronguers, to include laminectomy -Bone Cutters -Microsurgical Instruments -Pin Cutters -Biopsy Punches & Forceps -Clamps with teeth and without teeth -Reamers, Burrs -Wire Cutters, Twisters

Repair:

-Ring-Handled forceps, clamps, and clips -Dressing and tissue forceps

-Hand-held retractors, speculas, dilators, and sounds -Suction tubes and cannulas -Knives, rasps, needles -Mallets -Microsurgical instruments -Punches (nasal, biopsy arthroscopy, adenoid) -Hand-held drills -Snares -Self-retraining retractors, speculas, dilators -Tungsten carbide insert replacement -Microsurgical forceps (teeth rebuilt) -Endoscopic instruments sharpening/repair -Endoscopic instruments re-insulation -Speculum -Graspers -Obturators

SUBFACTOR 2:

The quoter shall provide a capability statement which proves the quoter’s capability to perform inspection of the instruments in order to determine which service needs to be provided.

SUBFACTOR 3:

The quoter shall provide a capability statement which proves the quoter’s capability to provide the following services:

-Laparoscopic insulation testing and re-insulation repair -Demagnetize stainless steel handheld instruments -Etching for instrument identification -Power hose leakage evaluations -Replacement of tungsten carbide inserts in needle holders and tissue forceps -Improvement plans -Training of Government personnel

SUBFACTOR 4:

The quoter shall provide prove to have a documented formal instrument sharpening and repair training in General Surgery, OB/GYN Surgery, Ortho Surgery, Neuro Surgery, Eye Surgery, ENT Surgery, Micro-surgery, Laparoscopic Surgery, Thoracic Surgery, Vascular Surgery, Plastic Surgery, DaVinci or Robotic Surgery instrumentation.

SUBFACTOR 5:

The quoter shall provide a capability statement which proves the quoter’s capability to provide service providers which are able to write, speak, and understand English.

EVALUATION STANDARDS – TECHNICAL:

The Government will use the following standards to evaluate Technical:

(1) Acceptable – Quote clearly meets the minimum requirements of the solicitation.

(2) Unacceptable – Quote does not clearly meet the minimum requirements of the solicitation.

FACTOR 2 – PAST PERFORMANCE: The Government will evaluate each quoter’s past/present performance based on the references submitted by the quoter. The Government reserves the right to obtain information for use in the evaluation of past/present performance from any and all sources, including but not limited to the Contractor Performance Assessment Reporting System (CPARS) and the Federal Awardee Performance and Integrity Information System (FAPIIS).

EVALUATION STANDARDS – PAST PERFORMANCE:

The Government will use the following standards to evaluate Past Performance:

(1) Acceptable: Based on the quoter’s performance record, the Government has a reasonable expectation that the Quoter will successfully perform the required effort, or the quoter’s performance record is unknown.

(2) Unacceptable: Based on the quoter’s performance record, the Government has no reasonable expectation that the Quoter will be able to successfully perform the required effort.

NOTE: In the case of a quoter without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the quoter may not be evaluated favorably or unfavorably on past performance. Therefore, the quoter shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable.”

FACTOR 3 – PRICE.

(a) Prices will be determined reasonable based on adequate price competition. The determination of relative overall price to the U.S. Government will be established by totaling the proposed price for the entire period of performance.

(b) Proposed prices should include total cost of performing each task.

(c) The total amount of all CLINs will be the total evaluated price for each quote.

(d) Given that FAR 52.217-8 provides that the USG may exercise the Option to Extend Services at the rates specified in the contract (i.e., the rates in effect when the Extension of Services option is exercised), for purposes of evaluating the Option to Extend Services, the Contracting Officer will consider the prices submitted for the five ordering periods as binding should the Option to Extend Services be exercised.

(e) A quotation is not an offer and, consequently, cannot be accepted by the Government to form a binding contract.

Therefore, issuance by the Government of an order in response to a supplier’s quotation does not establish a contract. The order is an offer by the Government to the supplier to buy certain supplies or services upon specified terms and conditions. A contract is established when the supplier accepts the offer.

(f) Ordering Periods. The Government will evaluate quotes for issuance of the ID/IQ contract purposes by adding the total price for all ordering periods to the total price of the basic requirement. The Government may determine that a quote is unacceptable if the option ordering period prices are significantly unbalanced. Evaluation of ordering periods shall not obligate the Government to utilize the ordering periods.

(g) The word "quoter" shall be substituted for the word "offeror" wherever it appears in FAR 52.212-3, Alternate I and DFARS 252.212-7000.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2021) ALTERNATE I (OCT 2014)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

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

"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

"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.

"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).

"Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

"Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

"Reasonable inquiry" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

"Sensitive technology"—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

"Service-disabled veteran-owned small business concern"—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

"Small business concern"—

(1) 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 size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

"Small disadvantaged business concern, consistent with 13 CFR 124.1002," means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR…