Amendment_W91YTZ-18-R-0067_Combined_Synopsis_Soliciataion.pdf

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El Paso Dental Trailer with associated equipment
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W91YTZ-18-R-0067
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Amendment adds CLIN structure and modifies proposal submission deadline to 30 May 2018 12:00pm EST

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COMBINED SYNOPSIS/SOLICITATION

W91YTZ-18-R-0067

Document Type: Combined Solicitation/Synopsis

Date: 22 May 2018

Subject: Leasing Dental Trailer and Optometry Sets

Solicitation Number: W91YTZ-18-R-0067

Response Date: 30 May 2018 NLT 12:00pm EST

Point of Contact: shantay.r.phillips.mil@mail.mil and yvonne.t.parson.mciv.mil@mail.mil

Set Aside: 100% Small Business Set Aside

Place of Performance: Escontris Early Child Center, 10400 Alameda Ave, Socorro, TX 79927

(El Paso)

Period of Performance: 16-29 June 2018

NAICS Code: 532490 Size Standard: $32.5M

Contracting Office Address

Department of the Army

US Army Medical Command

U S Army Health Contracting Activity

Regional Health Contracting Office - Atlantic

6021 5th St Fort Belvoir, VA 22060

This is a combined synopsis/solicitation for commercial services 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; quotations are being requested and a separate written solicitation will not be issued. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-83.

The Regional Health Contracting Office - Atlantic, Army Health Contracting Activity, US Army Medical Command intends to solicit, negotiate, and award a Single-Award. This requirement is for the lease of one (1) Dental Trailer and required supply accessories and requested components (see attachment 1 in SOW). This requirement requires the contractor transport 1 Dental Trailer, with required supply accessories (Panoramic Dental X-Ray equipment, and

Dental Sets), to Escontris Early Child Center, 10400 Alameda Ave, Socorro, TX 79927 Delivery and set-up will be required NLT 1600CST on 16 June, 2018. Contractor will ensure all equipment is fully operational with all required components upon delivery and set-up. Contractor will provide generator for the trailer, supply electrical power for the trailer, dental autoclave/ sterilizer, and dispose of the waste/grey water. Contractor will provide sufficient fuel to ensure generators can operate daily without service interruption. Dates required: 16-29 June 2018 The Dental Trailer will be removed from respective location no earlier than 29 June 2018, and no later than 29 June 2018.

Interested persons may identify their interest and capability to respond to the requirement or submit proposals. The resulting award will be made on a Standard Form 1449 (SF 1449), for commercial items.

CLIN Product/Svc Quantity Unit of Issue Unit Price Amount

0001 Dental Trailer 1 EA $ $ with associated supplies

Total Price - - - - $

Responses to be submitted via Email ONLY to MAJ Shantay Phillips and Ms. Yvonne Parson at shantay.r.phillips.mil@mail.mil and yvonne.t.parson.civ@mail.mil no later than 30 May 2018 NLT 12:00pm EST.

No telephonic request will be honored. This solicitation document, incorporated provisions and clauses are those in mailto:shantay.r.phillips.mil@mail.mil mailto:yvonne.t.parson.mciv.mil@mail.mil mailto:shantay.r.phillips.mil@mail.mil mailto:yvonne.t.parson.civ@mail.mil effect through Federal Acquisition Circular (FAC) 2005-91 DPN 11/04/2016. The Standard Industrial Classification

Code is 2834, size standard 1,250 employees and the NAICS code of 532490.

Period of Performance is 16-29 June 2018. Clauses and provisions throughout this solicitation can be viewed by accessing website www.farsite.hil.af.mil or https://acquisition.gov/far. FAR provision 52.212-1 [Instructions to

Offerors Commercial Items] 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). SAM can be accessed via the Internet at www.sam.gov. Provide with your submission to this request, your company’s Dunn and

Bradstreet number (DUNS); CAGE Code; Published Price lists for evaluation purposes. Confirmation of SAM registration will be validated prior to awarding a blanket purchase agreement.

Vendors shall include a completed copy of FAR provision 52.212-3 Alt 1, 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.

CLAUSES INCORPORARTED BY REFERENCE

52.212-4 Contract Terms and Conditions—Commercial Items MAY 2015

INCORPORARTED BY FULL TEXT

ADDENDUM TO 52.212-4

(w) The non-FAR Part 12 discretionary FAR, DFARS, AFARS, and LOCAL clauses included herein are incorporated into this contract either by reference or in full text. If incorporated by reference, see clause 52.252-

2 herein for locations where full text can be found.

END OF ADDENDUM TO 52.212-4

CLAUSES INCORPORATED BY REFERENCE

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-10 Reporting Executive Compensation and First-Tier OCT 2016

Subcontract Awards

52.204-18 Commercial and Government Entity Code Maintenance JUL 2016

52.204-21 Basic Safeguarding of Covered Contractor Information JUN 2016

Systems

52.209-6 Protecting the Government's Interest When OCT 2015

Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

52.219-6 Notice of Total Small Business Set-Aside NOV 2011

52.222-3 Convict Labor JUN 2003

52.222-21 Prohibition of Segregated Facilities APR 2015

52.222-26 Equal Opportunity APR 2015

52.222-36 Affirmative Action for Workers with Disabilities JUL 2014

52.222-44 Fair Labor Standards Act And Service Contract Labor MAY 2014

Standards Price Adjustment

52.222-50 Combating Trafficking in Persons MAR 2015

52.223-3 Hazardous Material Identification and Material JAN 1997

Safety Data

52.223-5 Pollution Prevention And Right-To-Know Information MAY 2011

52.223-18 Encouraging Contractor Policies to Ban Text AUG 2011

Messaging While Driving

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008

52.232-33 Payment by Electronic Funds Transfer-System for JUL 2013

Award Management

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business DEC 2013 http://www.farsite.hil.af.mil/ https://acquisition.gov/far.%20FAR%20provision%2052.212-1 http://www.sam.gov/

Subcontractors

52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law For Breach Of Contract OCT 2004

252.203-7000 Requirements Relating to Compensation of Former SEP 2011

DOD Officials

252.203-7002 Requirement to Inform Employees of Whistleblower SEP 2013

Rights

252.204-7000 Disclosure Of Information OCT 2016

252.204-7003 Control of Government Personnel Work Product APR 1992

252.223-7006 Prohibition On Storage And Disposal Of Toxic And SEP 2014

Hazardous Materials - Basic

252.225-7002 Qualifying Country Sources as Subcontractors DEC 2012

252.225-7048 Export Controlled Items JUN 2013

252.226-7001 Utilization of Indian Organizations, Indian-Owned SEP 2004

Economic Enterprises, and Native Hawaiian Small

Business Concerns

252.232-7003 Electronic Submission of Payment Requests and JUN 2012

Receiving Reports

252.232-7006 Wide Area Workflow Payment Instructions MAY 2013

252.232-7010 Levies On Contract Payments DEC 2006

CLAUSES INCORPORARTED BY FULL TEXT

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS (NOV

2015)

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

“Inverted domestic corporation” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

(b) If the contractor reorganizes as an inverted domestic corporation or becomes a subsidiary of an inverted domestic corporation at any time during the period of performance of this contract, the Government may be prohibited from paying for Contractor activities performed after the date when it becomes an inverted domestic corporation or subsidiary. The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause.

(c) Exceptions to this prohibition are located at 9.108-2.

(d) In the event the Contractor becomes either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation during contract performance, the Contractor shall give written notice to the Contracting Officer within five business days from the date of the inversion event.

(End of Clause)

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REPRESENTATIVE

(JUL 2013)

(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 number TBD.

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

(End of clause)

52.252-2 CLAUSES INCORPORARTED BY REFERENCE (FEB 1998)

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

http://farsite.hill.af.mil https://www.acquisition.gov

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

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

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

252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT

REPORTING (DEC 2015)

(a) Definitions. As used in this clause—

“Adequate security” means protective measures that are commensurate with the consequences and probability of loss, misuse, or unauthorized access to, or modification of information.

“Compromise” means disclosure of information to unauthorized persons, or a violation of the security policy of a system, in which unauthorized intentional or unintentional disclosure, modification, destruction, or loss of an object, or the copying of information to unauthorized media may have occurred.

“Contractor attributional/proprietary information” means information that identifies the contractor(s), whether directly or indirectly, by the grouping of information that can be traced back to the contractor(s) (e.g., program description, facility locations), personally identifiable information, as well as trade secrets, commercial or financial information, or other commercially sensitive information that is not customarily shared outside of the company.

“Contractor information system” means an information system belonging to, or operated by or for, the Contractor.

“Controlled technical information” means technical information with military or space application that is subject to controls on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination.

Controlled technical information would meet the criteria, if disseminated, for distribution statements B through F using the criteria set forth in DoD Instruction 5230.24, Distribution Statements on Technical Documents. The term does not include information that is lawfully publicly available without restrictions.

“Covered contractor information system” means an information system that is owned, or operated by or for, a contractor and that processes, stores, or transmits covered defense information.

“Covered defense information” means unclassified information that—

(i) Is—

(A) Provided to the contractor by or on behalf of DoD in connection with the performance of the contract; or

(B) Collected, developed, received, transmitted, used, or stored by or on behalf of the contractor in support of the performance of the contract; and

(ii) Falls in any of the following categories:

http://farsite.hill.af.mil/ https://www.acquisition.gov/

(A) Controlled technical information.

(B) Critical information (operations security). Specific facts identified through the Operations Security process about friendly intentions, capabilities, and activities vitally needed by adversaries for them to plan and act effectively so as to guarantee failure or unacceptable consequences for friendly mission accomplishment (part of Operations Security process).

(C) Export control. Unclassified information concerning certain items, commodities, technology, software, or other information whose export could reasonably be expected to adversely affect the United States national security and nonproliferation objectives. To include dual use items; items identified in export administration regulations, international traffic in arms regulations and munitions list; license applications; and sensitive nuclear technology information.

(D) Any other information, marked or otherwise identified in the contract, that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and Government-wide policies (e.g., privacy, proprietary business information).

“Cyber incident” means actions taken through the use of computer networks that result in a compromise or an actual or potentially adverse effect on an information system and/or the information residing therein.

“Forensic analysis” means the practice of gathering, retaining, and analyzing computer-related data for investigative purposes in a manner that maintains the integrity of the data.

“Malicious software” means computer software or firmware intended to perform an unauthorized process that will have adverse impact on the confidentiality, integrity, or availability of an information system. This definition includes a virus, worm, Trojan horse, or other code-based entity that infects a host, as well as spyware and some forms of adware.

“Media” means physical devices or writing surfaces including, but is not limited to, magnetic tapes, optical disks, magnetic disks, large-scale integration memory chips, and printouts onto which information is recorded, stored, or printed within an information system.

‘‘Operationally critical support’’ means supplies or services designated by the Government as critical for airlift, sealift, intermodal transportation services, or logistical support that is essential to the mobilization, deployment, or sustainment of the Armed Forces in a contingency operation.

“Rapid(ly) report(ing)” means within 72 hours of discovery of any cyber incident.

“Technical information” means technical data or computer software, as those terms are defined in the clause at

DFARS 252.227-7013, Rights in Technical Data-Non Commercial Items, regardless of whether or not the clause is incorporated in this solicitation or contract. Examples of technical information include research and engineering data, engineering drawings, and associated lists, specifications, standards, process sheets, manuals, technical reports, technical orders, catalog-item identifications, data sets, studies and analyses and related information, and computer software executable code and source code.

(b) Adequate security. The Contractor shall provide adequate security for all covered defense information on all covered contractor information systems that support the performance of work under this contract. To provide adequate security, the Contractor shall—

(1) Implement information systems security protections on all covered contractor information systems including, at a minimum—

(i) For covered contractor information systems that are part of an Information Technology (IT) service or system operated on behalf of the Government—

(A) Cloud computing services shall be subject to the security requirements specified in the clause 252.239-7010, Cloud Computing Services, of this contract; and

(B) Any other such IT service or system (i.e., other than cloud computing) shall be subject to the security requirements specified elsewhere in this contract; or

(ii) For covered contractor information systems that are not part of an IT service or system operated on behalf of the

Government and therefore are not subject to the security requirement specified at paragraph (b)(1)(i) of this clause—

(A) The security requirements in National Institute of Standards and Technology (NIST) Special Publication (SP)

800-171, “Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations,” http://dx.doi.org/10.6028/NIST.SP.800-171 that is in effect at the time the solicitation is issued or as authorized by the Contracting Officer, as soon as practical, but not later than December 31, 2017. The Contractor shall notify the

DoD CIO, via email at osd.dibcsia@mail.mil, within 30 days of contract award, of any security requirements specified by NIST SP 800-171 not implemented at the time of contract award; or

(B) Alternative but equally effective security measures used to compensate for the inability to satisfy a particular requirement and achieve equivalent protection accepted in writing by an authorized representative of the DoD CIO;

and

(2) Apply other information systems security measures when the Contractor reasonably determines that information systems security measures, in addition to those identified in paragraph (b)(1) of this clause, may be required to provide adequate security in a dynamic environment based on an assessed risk or vulnerability.

(c) Cyber incident reporting requirement.

(1) When the Contractor discovers a cyber incident that affects a covered contractor information system or the covered defense information residing therein, or that affects the contractor’s ability to perform the requirements of the contract that are designated as operationally critical support, the Contractor shall—

(i) Conduct a review for evidence of compromise of covered defense information, including, but not limited to, identifying compromised computers, servers, specific data, and user accounts. This review shall also include analyzing covered contractor information system(s) that were part of the cyber incident, as well as other information systems on the Contractor’s network(s), that may have been accessed as a result of the incident in order to identify compromised covered defense information, or that affect the Contractor’s ability to provide operationally critical support; and

(ii) Rapidly report cyber incidents to DoD at http://dibnet.dod.mil.

(2) Cyber incident report. The cyber incident report shall be treated as information created by or for DoD and shall include, at a minimum, the required elements at http://dibnet.dod.mil.

(3) Medium assurance certificate requirement. In order to report cyber incidents in accordance with this clause, the

Contractor or subcontractor shall have or acquire a DoD-approved medium assurance certificate to report cyber incidents. For information on obtaining a DoD-approved medium assurance certificate, see http://iase.disa.mil/pki/eca/Pages/index.aspx.

(d) Malicious software. The Contractor or subcontractors that discover and isolate malicious software in connection with a reported cyber incident shall submit the malicious software in accordance with instructions provided by the

Contracting Officer.

(e) Media preservation and protection. When a Contractor discovers a cyber incident has occurred, the Contractor shall preserve and protect images of all known affected information systems identified in paragraph (c)(1)(i) of this clause and all relevant monitoring/packet capture data for at least 90 days from the submission of the cyber incident report to allow DoD to request the media or decline interest.

(f) Access to additional information or equipment necessary for forensic analysis. Upon request by DoD, the

Contractor shall provide DoD with access to additional information or equipment that is necessary to conduct a forensic analysis.

(g) Cyber incident damage assessment activities. If DoD elects to conduct a damage assessment, the Contracting

Officer will request that the Contractor provide all of the damage assessment information gathered in accordance with paragraph (e) of this clause.

(h) DoD safeguarding and use of contractor attributional/proprietary information. The Government shall protect against the unauthorized use or release of information obtained from the contractor (or derived from information obtained from the contractor) under this clause that includes contractor attributional/proprietary information, including such information submitted in accordance with paragraph (c). To the maximum extent practicable, the

Contractor shall identify and mark attributional/proprietary information. In making an authorized release of such information, the Government will implement appropriate procedures to minimize the contractor attributional/proprietary information that is included in such authorized release, seeking to include only that information that is necessary for the authorized purpose(s) for which the information is being released.

(i) Use and release of contractor attributional/proprietary information not created by or for DoD. Information that is obtained from the contractor (or derived from information obtained from the contractor) under this clause that is not created by or for DoD is authorized to be released outside of DoD—

(1) To entities with missions that may be affected by such information;

(2) To entities that may be called upon to assist in the diagnosis, detection, or mitigation of cyber incidents;

(3) To Government entities that conduct counterintelligence or law enforcement investigations;

(4) For national security purposes, including cyber situational awareness and defense purposes (including with

Defense Industrial Base (DIB) participants in the program at 32 CFR part 236); or

(5) To a support services contractor (“recipient”) that is directly supporting Government activities under a contract that includes the clause at 252.204-7009, Limitations on the Use or Disclosure of Third-Party Contractor Reported

Cyber Incident Information.

(j) Use and release of contractor attributional/proprietary information created by or for DoD. Information that is obtained from the contractor (or derived from information obtained from the contractor) under this clause that is created by or for DoD (including the information submitted pursuant to paragraph (c) of this clause) is authorized to be used and released outside of DoD for purposes and activities authorized by paragraph (i) of this clause, and for any other lawful Government purpose or activity, subject to all applicable statutory, regulatory, and policy based restrictions on the Government’s use and release of such information.

(k) The Contractor shall conduct activities under this clause in accordance with applicable laws and regulations on the interception, monitoring, access, use, and disclosure of electronic communications and data.

(l) Other safeguarding or reporting requirements. The safeguarding and cyber incident reporting required by this clause in no way abrogates the Contractor’s responsibility for other safeguarding or cyber incident reporting pertaining to its unclassified information systems as required by other applicable clauses of this contract, or as a result of other applicable U.S. Government statutory or regulatory requirements.

(m) Subcontracts. The Contractor shall—

(1) Include this clause, including this paragraph (m), in subcontracts, or similar contractual instruments, for operationally critical support, or for which subcontract performance will involve a covered contractor information system, including subcontracts for commercial items, without alteration, except to identify the parties;

and

(2) When this clause is included in a subcontract, require subcontractors to rapidly report cyber incidents directly to

DoD at http://dibnet.dod.mil and the prime Contractor. This includes providing the incident report number, automatically assigned by DoD, to the prime Contractor (or next higher-tier subcontractor) as soon as practicable.

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support (MAY 2016)

(a) Definitions. As used in this clause—

“Computer software” means computer programs, source code, source code listings, object code listings, design details, algorithms, processes, flow charts, formulae, and related material that would enable the software to be reproduced, recreated, or recompiled. Computer software does not include computer data bases or computer software documentation.

“Litigation support” means administrative, technical, or professional services provided in support of the Government during or in anticipation of litigation.

"Litigation support contractor" means a contractor (including its experts, technical consultants, subcontractors, and suppliers) providing litigation support under a contract that contains the clause at 252.204-7014, Limitations on the

Use or Disclosure of Information by Litigation Support Contractors.

“Sensitive information” means controlled unclassified information of a commercial, financial, proprietary, or privileged nature. The term includes technical data and computer software, but does not include information that is lawfully, publicly available without restriction.

“Technical data” means recorded information, regardless of the form or method of the recording, of a scientific or technical nature (including computer software documentation). The term does not include computer software or data incidental to contract administration, such as financial and/or management information.

(b) Notice of authorized disclosures. Notwithstanding any other provision of this solicitation or contract, the

Government may disclose to a litigation support contractor, for the sole purpose of litigation support activities, any information, including sensitive information, received--

(1) Within or in connection with a quotation or offer; or

(2) In the performance of or in connection with a contract.

(c) Flowdown. Include the substance of this clause, including this paragraph (c), in all subcontracts, including subcontracts for commercial items.

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.

Invoicing, Receipt, Acceptance and Property Transfer (iRAPT) – formerly known as WAWF iRAPT is the authorized method to electronically process vendor request for payment. This application allows DOD vendors to submit and track Invoices and Receipt/Acceptance documents electronically. Contractor shall (i) register to use iRAPT at https://wawf.eb.mil and (ii) ensure an electronic business point of contract (POC) is designated in the System for Award Management at https://www.sam.gov within ten (10) calendar days after award of this contract/order.

iRAPT Instructions:

Questions concerning payments should be directed to the Defense Finance and Accounting Service (DFAS) location listed in Block 18a of your purchase order/contract. Please have your purchase order/contract number ready when calling about payments.

You can easily access payment and receipt information using the DFAS web site at http://www.dfas.mil/money/vendor. Your purchase order/contract number or invoice number will be required to inquire status of your payment.

The following codes and information will be required to assure successful flow of iRAPT documents.

Foreign Vendors will submit banking information in the Comments Tab of the iRAPT invoice.

TYPE OF DOCUMENT [X the appropriate block]

___ Invoice (Contractor Only)

_X__ Invoice and Receiving Report (COMBO)

___ Invoice as 2-in-1 (Services Only)

___ Receiving Report (Government Only)

CAGE CODE:

ISSUE BY DODAAC: W91YTZ

ADMIN BY DODAAC: W91YTZ

INSPECT BY DODAAC:

ACCEPT BY DODAAC:

SHIP TO DODAAC:

PAYMENT OFFICE FISCAL STATION CODE: HQ0490

EMAIL POINTS OF CONTACT LISTING: (Use Group e-mail accounts if applicable)

INSPECTOR Primary:

Alternate:

ACCEPTOR Primary:

RECEIVING OFFICE POC: Primary:

ADDITIONAL CONTACT:

Any modification requests must be in writing and submitted to: ADMIN DODAAC.

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS—COMMERCIAL ITEMS (DEVIATION 2013-O0019) JAN 2017

(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(b)

(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(v) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(viii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xi)

_X__ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain

Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xiv) 52.222-54, Employment Eligibility Verification (Aug 2013).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E.O. 13658).

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section

862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xviii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx

1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

STATEMENT OF WORK (SOW)

DENTAL TRAILER SET FOR EL PASO, TX IRT MISSION

PART l

GENERAL INFORMATION

1. General: This is a non-personnel services contract to provide 1 Dental Trailer, with required supply accessories. The Government shall exercise full independent operational use of 1 Dental Trailer, providing all personnel to operate the leased equipment and all accessories assigned to the Medical Equipment

Trailer. Contract asset manager shall be accountable solely to the Contractor who, in turn, is responsible to the Government.

1.1 Description of Services/Introduction: This is a Medical Wellness Operation. The contractor shall transport 1 Dental Trailer, with required supply accessories (Panoramic Dental X-Ray equipment, and Dental

Sets), to Escontris Early Child Center, 10400 Alameda Ave, Socorro, TX 79927 Delivery and set-up will be required NLT 1600CST on 16 June, 2018. 1 Dental Trailer, with required supply accessories, to El Paso

TX. The Dental Trailers will be removed from their respective areas on 29 June 2018. The unit will provide an assistant to be on site during delivery, set-up, and removal. Contractor will ensure all equipment is fully operational with all required components upon delivery and set-up. Contractor will provide generator for the trailer, supply electrical power for the trailer, dental autoclave/ sterilizer, and dispose of the waste/grey water.

Contractor will provide sufficient fuel to ensure generators can operate daily without service interruption. As defined in this Statement of Work except for those items specified as government furnished property and services the contractor shall perform to the standards in this contract.

1.2 Background: The El Paso TX IRT mission will provide dental services to the under developed civilian population of El Paso TX and surrounding counties. Dental Services that are being provided will include exams, x-rays, extractions, and restorative treatment.

1.3 Objectives: N/A See Scope

1.4 Scope: Transport 1 Dental trailer, to one locations where directed. Set up equipment. Ensure all equipment is operational with all required components. A list of components required for this mission are included in Attachment 1. All components will be clean, rust free, and sanitized. Contractor to supply generator for each trailer and provide their own fuel to operate generators.

1.5 Period of Performance: Performance period for this contract will be from 16 June 2018 through 29

June 2018. The Contracting Officer (CO) and Contracting Officers Representative (COR) must receive written notification three calendar days prior to the contract start date.

1.6.1 Quality Control: Quality Control is the responsibility of the contractor. The contractor is responsible for the delivery of quality services/supplies to the Government (see FAR 52.246-1, Contractor Inspection

Requirements). A formal Quality Control Plan (QCP) is not required for this commercial service. However, the contractor shall maintain an inspection system commensurate with commercial practices to ensure the acceptance those items or services that conform to the requirements of this

1.6.2 Quality Assurance: The Government shall evaluate the contractor's performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is a Government only document primarily focused on what the Government must do to assure that the contractor has performed in accordance with the requirements of the contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. Non-conforming services shall be re-performed at no increase in contract price. If non-conforming services are recurring, cannot be re-performed, or the services fail to achieve the Performance Requirements Summary (PRS). The

Government may reject the nonconforming service(s) and document the contractor's performance record accordingly. The Government may also issue a Contract Discrepancy Report (CDR) in which the contractor will be required to respond with the development of a corrective action plan (CAP) which identifies the root cause, corrective action (CA) for the root cause, CA for the specific nonconformance, and the date the CAs will be complete. The Government may also reduce the payment to the contractor IAW the PRS, or reduce payment to reflect the value of the services performed, or may perform the services and charge the Contractor for any related cost incurred and/or may terminate this contract for cause.

1.6.2.1 Non-conforming Supplies or Services: When a contractor's performance does not meet contract requirements and/or approved work schedules and/or timeframes it is considered non-conformance. Non-conformance shall be classified in one of three categories: level I (Minor), level II (Major) or level III

(Critical). The Government may re-inspect work designated for re- performance or late performance.

1.6.2.1.1 Level I (Minor) non-conformance: is defined as a non-conformance that is not likely to materially reduce the usability of the supplies or services for their intended purpose, or is a departure from established standards having little bearing on the effective use or operation of the supplies or services.

Minor non- conformance usually can be corrected on the spot, where no further corrective action (CA) response is necessary, and can be issued by the COR to the contractor either through a verbal or written non- conformance report. Minor non-conforming services shall be re-performed within a specified time frame at no increase in contract price. If minor non-conformances are recurring or re-performance is not completed in full and within the specified time a Level II non-conformance may be issued to the contractor by the Contracting Officer (KO).

1.6.2.1.2 Level II (Major) non-conformance: is defined as a non-conformance, other than critical, that is likely to result in failure of the supplies or services, or to materially reduce the usability of the supplies or services for their intended purpose. Recurring Minor non-conformances, or a non-responsive contractor, indicating a trend or failure of the contractor's quality control, can also be classified as a Major non-conformance. Major non-conformance's shall result in the issuance of a written CDR from the KO to the contractor requiring the development of a CAP by the contractor which identifies the root cause, CA for the root cause, CA for the specific non-conformance and the date CAs will be completed.

1.6.2.1.3 Level III (Critical) non-conformance: is defined as a non-conformance that is likely to result in hazardous or unsafe conditions for individuals using, maintaining, or depending upon the supplies or services; is likely to prevent performance of a vital agency mission; is for a repeated or uncorrected level

II CDRs; or is for a non-responsive contractor to a level II CDR. Critical non-conformances shall result in the issuance of a written CDR to the contractor requiring the development of a CAP by the contractor which identifies the root cause, CA for the root cause, CA for the specific non-conformance and the date

CAs will be completed.

1.6.2.1.4 Inspection Results: The contractor will be notified of Government inspection results. The

Contractor shall acknowledge receipt of the inspection results. The contractor may be notified of inspection results verbally. Verbal notifications of defective work will be confirmed in writing. When Government inspectors are unable to contact the contractor to notify the contractor of inspection results, acceptance or rejection of work will be made on the basis of the initial inspection.

1.6.3 Federal Government Holidays: No government Holidays during performance of Contract.

1.6.4 Hours of Operation: The contractor is responsible for conducting business, between the hours of

0800 -1800, CST, seven days a week including Saturdays and Sundays. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.6.5 Place of Performance: The 1 Dental trailer, will be delivered/set up NLT 16 June, 2018 to the locations specified in paragraph 1.1.

1.6.6 Type of Contract: The government will award a firm fixed price contract.

1.6.7 Security Requirements: N/A

1.6.7.2 Physical Security: Contractor is responsible for security of all equipment and supplies outside of mission operations.

1.6.7.3 Key Control: N/A

1.6.8 Special Qualifications: N/A

1.6.9 Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5, Post Award Orientation. The Contracting Officer, COR, and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the Contracting Officer will apprise the contractor of how the government views the contractor's performance and the contractor will apprise the

Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government.

Contracting Officer Representative (COR): Assigned

1.6.10 Key Personnel: The follow personnel are considered key personnel by the government: The contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the contractor when the manager is absent shall be designated in writing to the contracting officer. The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The contract manager or alternate shall be available between 7:30 a.m. to 6:00p.m. CST, 7 days per week including

Saturday and Sunday starting 16 June 2018 through 29 June 2018 except Federal holidays or when the government facility is closed for administrative reasons.

1.6.11 Identification of Contractor Employees: The Contractor (to include subcontractors) shall provide each employee an Identification (ID) Badge, which includes at a minimum, the Company Name, Employee Name and a color photo of the employee. ID Badges for Key Personnel shall also indicate their job title. ID Badges shall be worn at all times during which the employee is performing work under this contract. Each Contractor

(to include subcontractors) employees shall wear the ID Badge in a conspicuous place on the front of exterior clothing and above the waist except when safety or health reasons prohibit. The Contractor (to include subcontractors) shall be responsible for collection of ID Badges upon completion of the contract or termination of employee. A listing of issued identification cards shall be furnished to the Contracting Officer prior to the contract performance date and updated as needed to reflect Contractor and Subcontractor personnel changes.

All contract personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed.

1.6.13. Supervision of Contractor Employees: The Government will not exercise any supervision or control over Contractor or subcontractor employees while performing work under the contract. Such employees shall be accountable solely to the Contractor, not the Government. The Contractor, in tum, shall be accountable to the Government for Contractor or subcontractor employees.

1.6.14 Contractor Travel: NA

1.6.15 Other…

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