A.09.03_Combined_Synopsis_Solicitation.docx

W91YTZ-18-Q-0218 Combined Synopsis/Solicitation

The Northern Regional Contracting Office, Womack Army Medical Center, Fort Bragg, NC 28310, intends to solicit, negotiate and award a sole source contract to Baxter Corporation Englewood using other than full and open competition procedures for continued lease and maintenance of the BAXA EXACTA MIX 2400 Compounder located at WAMC. Requirement includes but is not limited to Display Hardware, Load Cell, Laser Barcode Reader, software upgrades, service and repair of hardware, replacement of hardware and training visit. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation and a written solicitation will not be issued and is expected to result in the award of a firm-fixed price contract. The resulting award will be made on SF 1449, for commercial services. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued. All responses must be received by 29 August 2018. This is solicitation number W91YTZ-18-Q-0218 and is a request for proposal (RFP). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-58. The Standard Industrial Classification Code is 6515, size standard is 1250 employees and the NAICS code is 325412.

This requirement is for a base and 3 option years. The Government anticipates awarding a single award for this requirement. Clauses and provisions throughout this solicitation can be viewed by accessing website https://acquisiton.gov. FAR provision 52.212-1 [Instructions to Offerors Commercial] applies to this acquisition to include the following addenda: All offerors are cautioned that if selected for award, they must be registered with the System for Award Management (SAM) program. The SAM can be accessed via the internet at www.sam.gov. Confirmation of SAM registration will be validated prior to awarding a contract.

Base Year- Line Item Number 0001:

BASE YEAR TOTAL

Option Year 1- Line Item Number 1001:

Option YEAR TOTAL

Option Year 2- Line Item Number 2001:

Option YEAR TOTAL

Option Year 3- Line Item Number 3001:

Option YEAR TOTAL

Provide your Company’s Dunn and Bradstreet number (DUNS); CAGE code; tax ID number; number of days to deliver, along with your Published Price list, by item number, for evaluation purposes.

Responses are to be emailed to Cynthia A. Richardson, Cynthia.a.richardson.civ@mail.mil no later than 29 September 2018 8:00 AM EST.

The following provisions in their latest editions apply to this solicitation. FAR Clauses and provisions can be viewed at https://www.acquisition.gov

Vendors shall include a completed copy of FAR provision 52.212-3 Offeror Representations and Certifications with their offer. Offerors shall include a confirmation of receipt of any amendments to this solicitation. Failure to submit a confirmation could result in the offer being determined non- responsive.

Clause 52-212-4 Contract Terms and Conditions—Commercial items, applies to this acquisition to include any applicable addenda.

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (FEB 2012)

Addendum to 52.212-4

(u) The non-FAR Part 12 discretionary FAR, DFAR, AFARS, and LOCAL clauses included herein are incorporated into this contract either by reference or in full text. If incorporated by reference, see clause 52.252-2 for locations where full text can be found.

252.225-7036

CLAUSES INCORPORATED IN FULL TEXT

FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5(years).

(End of Clause)

FAR 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (APR 2012)

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

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall represent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts--

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall re-represent its size status in accordance with the size standard in effect at the time of this representation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Online Representations and Certifications Application and its data in the Central Contractor Registration, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in ORCA, or does not have a representation in ORCA for the NAICS code applicable to this contract, the Contractor is required to complete the following representation and submit it to the contracting office, along with the contract number and the date on which the representation was completed:

The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code 325412- assigned to contract numberW91YTZ-18-P-XXXX.

(Contractor to sign and date and insert authorized signer's name and title).

(End of clause)

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address (es):

www.acquisition.gov

FAR 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any DoD FAR Supplement (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

DFARS 252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS (JUN 2013)

(a) The Contractor is not required to flow down the terms of any Defense Federal Acquisition Regulation Supplement (DFARS) clause in subcontracts for commercial items at any tier under this contract, unless so specified in the particular clause.

(b) While not required, the Contractor may flow down to subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligation.

(c) The Contractor shall include the terms of this clause, including this paragraph (c), in subcontracts awarded under this contract, including subcontracts for the acquisition of commercial items.

WAWF Invoicing: The contract will be invoiced and paid using Wide Area Work Flow (WAWF). Instructions for invoice submission will be incorporated into the contract.

The Clause at 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (AUG 2012) (Deviation) applies to this acquisition

FAR 52.212-1, INSTRUCTIONS TO OFFEROR- COMMERICAL ITEMS (FEB 2012) applies.

ADDENDUM TO FAR 52.212-1

Para (b) Submission of Offers: The following supplements this paragraph with respect to the information and documents required for submission in response to this solicitation.

(1) ELECTRONIC OFFERS. Offerors may submit electronic offers in response to this solicitation. The offer must arrive by the time specified in the solicitation to the following email address: cynthia.a.richardson.civ@mail.mil

(2) The Government will not be responsible for any failure of transmission or receipt of the offer, or any failure of the offeror to verify receipt of the emailed offer.

(3) The Government intends to award a firm-fixed price contract. Offerors must quote a firm-fixed price for each Contract Line Item.

(4) The technical information required for evaluation purposes, shall not exceed 5 pages.

(5) PROCESS FOR AWARD. Award will be made on a lowest price, technically acceptable basis. Discussions may be conducted whenever the Contracting Officer deems it appropriate. The contract will be awarded strictly in accordance with the criteria and process established in FAR 12.

(6) RESERVED.

(7) SUBMISSION OF OFFERS. Please note that your offer must include all of the following information. Submit proposal in three separate parts as follows:

PART I: TECHNICAL INFORMATION. The information provided by the offeror will be a significant factor in the Government’s determination of technical acceptability. (Refer to Addendum 52.212-2).

Technical capability to include product literature, catalog price lists if available; warranty, guarantee, technical specs, and delivery information.

PART II: PAST PERFORMANCE. Offeror is required to submit information, on a single page, identifying federal, state and local government and private contracts performed within the past three years, which are similar in scope and complexity to the effort described in this solicitation. If none, offeror should so state and provide information on references.

Information provided by the contractor shall state include the following:

Name, telephone and fax numbers of a point of contact in the administering contracting office, the award/contract number, the term of the contract (1 year, 2 years etc), and the total quantity furnished annually.

PART III: PRICE. If the prices are the same for each contract period, provide one schedule and state that the schedule applies to all contract periods. The information provided in this schedule will be used to assist in the price analysis described in EVALUATION OF THE PROPOSED PRICES, in ADDENDUM TO FAR 52.212-2, EVALUATION – COMMERCIAL ITEMS.

(8) Representations and Certifications found at FAR 52.212-3 ALT I and DFAR 252.212-7000 MUST be completed and submitted with the offer.

Para (g) Contract award. This is amended to state that the Government may conduct discussions prior to contract award.

Para (j) Data Universal Numbering System (DUNS) / CAGE Code. The offeror shall obtain these said Codes and submit them to Contracting Center. Registration in the Central Contractor Registration (CCR), if you are a US firm. Award cannot and shall not be made to an offeror without these codes.

Para (n) Bid Preparation Costs. This solicitation does not commit the Government to pay any costs incurred in the submission of an offer, in making any necessary studies for the preparation thereof, or for any visit(s) the Contracting Officer may request for the purpose of clarification of the offer.

The Government may reject a proposal if it is found that any information that has a negative Impact on the offeror's past performance record has been deleted, misrepresented, or withheld.

BASIS FOR AWARD. Award will be made on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost factors.

(m) The non-FAR Part 12 discretionary FAR, DFARS, AFARS, and LOCAL 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.

(End of Addendum to 52.212-1)

CLAUSES INCORPORATED BY REFERENCE

FAR 52.225-25 PROHIBITION ON ENGAGING IN SANCTIONED ACTIVITIES RELATING TO IRAN-CERTIFICATION (NOV 2011)

CLAUSES INCORPORATED IN FULL TEXT

FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

For all referenced clauses/provisions, see web site https://www.acquisition.gov

FAR 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

(a) the use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of"(DEVIATION)" after the date of the provision.

The use in this solicitation of any DOD FAR Supplement (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

DFARS 252.203-7005 REPRESENTATION RELATING T O COMPENSATION OF FORMER DOD OFFICIALS (NOC 2011)

(a) Definition. “Covered DoD official” is defined in the clause at 252.203-7000, Requirements Relating to Compensation of Former DoD Officials.

(b) By submission of this offer, the offeror represents, to the best of its knowledge and belief, that all covered DoD officials employed by or otherwise receiving compensation from the offeror, and who are expected to undertake activities on behalf of the offeror for any resulting contract, are presently in compliance with all post-employment restrictions covered by 18 U.S.C. 207, 41 U.S.C. 2101-2107, and 5 CFR parts 2637 and 2641, including Federal Acquisition Regulation 3.104-2.

(End of provision)

FAR 52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: technical, price, and past performance. The award decision will be based on the Lowest Priced, Technically Acceptable offer, with an acceptable record of Past Performance. “Best value is expected to result from selection of the technically acceptable proposal with the lowest evaluated price."

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

ADDENDUM TO FAR 52.212-2

Paragraph (a) is hereby supplemented with the following:

(a). The total evaluated price must be reasonable, and any additional expense must be justified by a corresponding value for technical merit, or an expectation of greater quality of performance.

(b). Contractors may not qualify if any of the following are not met:

1. Proposal does not reasonably address the requirements in the request for proposal (RFP).

1. Proposal includes major deficiencies or omissions which discussions could not be expected to cure without a major revision or a new proposal.

1. Proposal is so technically inferior or so out of line in price as compared to other proposals as to preclude it from having a reasonable chance for award.

4. An unrealistically low price, may indicate lack of sound management judgment and lack of understanding of the requirement for the geographic area of service, or unbalanced pricing of line items, as proposed initially or subsequently, may be grounds for eliminating a proposal either on the basis that the offeror does not understand the requirement or has made an imprudent offer.

5. The Government reserves the right to conduct discussions, if necessary.

PART I TECHINICAL:

Technical capability to include product literature, catalog price lists if available; warranty, guarantee, technical specs, and delivery information.

Technical will be evaluated as either Acceptable or Unacceptable. Best value is expected to result from selection of the technically acceptable proposal with the lowest evaluated price.

Definitions are as follows:

ACCEPTABLE: To be rated acceptable, the offeror’s technical proposal must demonstrate it can meet all requirements.

UNACCEPTABLE: A technical proposal that fails to demonstrate it can meet one or more requirements will be determined unacceptable.

PART II PAST PERFORMANCE

Offeror is required to submit information, on a single page, identifying federal, state and local Government and private contracts performed within the past three years, which are similar in scope and complexity to the effort described in this solicitation. If none, offeror should so state and provide information on references.

Information provided by the Contractor shall state: The type of service provided with information to verify references: Names; telephone numbers; Points of Contact; amount of contract; and email addresses.

Past performance shall be used as an evaluation factor within the LPTA process, unless waived by the PCO in accordance with FAR 15.101- 2(b). It shall be evaluated in accordance with FAR 15.305 and DFARS 215.305. However, the comparative assessment in FAR 15.305(a)(2)(i) does not apply. Therefore, past performance will be rated on an “acceptable” or “unacceptable” basis using the ratings below.

Acceptable: Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown. (See note below.)

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

Note: In the case of an offeror 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 offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a)(2)(iv)). Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable.”

PART III PRICE:

Price will be evaluated separately from Technical and will be evaluated for fairness and reasonability.

Offeror shall provide their published price list with their offer.

FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (DEC 2012) ALTERNATE I (APR 2011)

Vendors shall include a completed copy of FAR provision 52.212-3 Offeror Representations and Certifications with their offer. Offerors shall include a confirmation of receipt of any amendments to this solicitation. Failure to submit a confirmation could result in the offer being determined non- responsive.

(End)

STATEMENT OF WORK

1 USE OF PRODUCT. Upon acceptance of this Agreement; Contractor shall provide the system equipment specified herein ("Equipment" and "Software," as the case may be).

2 PURCHASE OF SUPPLIES. Government shall purchase from Contractor its entire requirement of validated compounding tube sets and validated bags (-Supplies") for use with the Equipment during the Term. Contractor, any time and at its discretion, may replace any Supplies manufactured or sold by Contractor ("Contractor Supplies") with product that is equal or superior in function.

2.1 USE OF NON-VALIDATED SUPPLIES. Government's use of supplies other than Supplies in Equipment operation shall be a Material breach of this Agreement. Government is responsible for any damage to Equipment caused by the use of non-validated compounding tube sets or non-validated bags. Upon request, Government will provide to Contractor a bag-usage report, as one measure of compliance with this clause.

2.2 TRAINING. Government will receive initial training from Contractor, including appropriate literature and training materials.

3. WARRANTY AND SERVICE.

3.1 Warranty. During the Term, Contractor warrants that (i) Contractor Supplies and Equipment will be free from material defects and will conform to, and perform in accordance with, the related documentation supplied by Contractor, including published specifications and directions on Contractor Supplies and Equipment labeling, and (ii) Supplies will operate on the Equipment. Provided that any Supplies not manufactured or sold by Contractor are manufactured consistent with the design and quality set forth on their validation application (the 'Warranty"). Supplies not manufactured or sold by Contractor may be warranted against defects by their manufacturer.

3.2 Repair or Replacement. In the event of any noncompliance with the Warranty with respect to Contractor Supplies, Contractor will at Contractor expense, replace the defective Contractor Supplies. In the event of any noncompliance with the Warranty with respect to Equipment, Contractor will service and repair, or at its option replace, the Equipment. Contractor has the option to place at Government's site either new or refurbished Equipment. Refurbished units are equivalent to new units in functionality and covered under the same Warranty as new units. Contractor's replacement of Contractor Supplies and repair or replacement of Equipment under this clause shall be Government's exclusive remedy, and Contractor's sole obligation, for any Contractor Supplies or Equipment failing to conform to the Warranty. Contractor, at its discretion and expense, may replace Equipment at any time with equipment that is equal or superior in function to the Equipment supplied hereunder.

3.3 Routine Maintenance. Government, at its own cost and expense, agrees to clean. Inspect, and perform routine maintenance to keep the Equipment in good operating condition, excepting ordinary wear and tear.

3.4 Shipping Instructions. Equipment requiring to be returned to Contractor for service must be packed securely by Government and returned pursuant to shipping Instructions provided by Contractor. Contractor will be responsible for shipping expenses of items returned to Contractor for Warranty service, and replacement/repaired Equipment will be shipped to Government freight pre-paid.

3.5 Warranty Voidable, The Warranty shall not apply and shall be void for (i) neglected or abused Contractor Supplies or Equipment; (ii) any Equipment which has had its serial number altered, defaced, or removed; (iii) improper use of Equipment, including without limitation use at any supplies other than Supplies; and (iv) Equipment repaired or modified by anyone other than Contractor or its authorized agents or subcontractors.

3.6 Technical Support. During the term technical support will be available 24 hours/day, 7 days/week for warranted Equipment and Software.

3.7 Software Updates. During the Term, Contractor may make available mandatory updates or modifications to the Software with which the Government shall cooperate in implementing within 90 clays of notification.

4 COOPERATION. Government agrees that if Government becomes aware of any adverse event related to the use of Equipment, Software, or Supplies, including without limitation any event that causes an unintentional affect to a patient or any event requiring Government and/or Contractor to submit Medical Device Reporting to the U.S. Food and Drug Administration (each an *Event"), Government shall: (i) notify Contractor within 24 hours of Government becoming aware of such Event, (ii) provide Contractor with immediate access to the Equipment, Software, and Supplies (as applicable) for inspection purposes, (iii) allow Contractor access to the Equipment and Software to retrieve copies of the database(s), SQL event log, and black box data file(s), (iv) allow Contractor to take physical custody of the Equipment, Software, and Supplies (as applicable) in exchange for like Equipment, Software, and Supplies, and (v) otherwise reasonably cooperate with Contractor's investigation relating to such Event.