Preventive and emergency maintenance of Government-owned Perkin Elmer Janus Automated Liquid Handler Workstation System Solicitation

1.0    DESCRIPTION 

The Department of Health and Human Services, National Institutes of Health, National Cancer Institute (NCI), Center for Cancer Research (CCR), Laboratory of Receptor Biology and Gene Expression (LBGRE), High-Throughput Imaging Facility (HiTIF) requires regular preventive maintenance and emergency repairs for the existing, Government-owned Perkin Elmer (PE) Janus Automated Liquid Handler Workstation System in order to minimize operational delays in High throughput Imaging Facility.

This is a combined synopsis/solicitation for commercial items, prepared in accordance with the format in FAR 12.6 as supplemented with additional information included in this notice, and shall be processed in accordance with FAR Part 13 – Simplified Acquisition Procedures. This announcement constitutes the only solicitation and a separate written solicitation will not be issued. This solicitation, 75N91020Q00136, is issued as a request for quote (RFQ) and includes all applicable provisions and clauses in effect through FAR Federal Acquisition Circular (FAC) 2020-07 (07-02-2020), simplified acquisition procedures for commercial items.  

The North American Industry Classification System (NAICS) code is 811219 and the business size standard is $22 million.  

Only one award will be made as a result of this solicitation.  This will be awarded as a firm fixed price type purchase order. THIS IS A TOTAL SMALL BUSINESS SET-ASIDE.

2.0    BACKGROUND

The Department of Health and Human Services, National Institutes of Health, National Cancer Institute (NCI), Center for Cancer Research (CCR), Laboratory of Receptor Biology and Gene Expression (LBGRE), High-Throughput Imaging Facility (HiTIF) requires regular preventive maintenance and emergency repairs for the existing, Government-owned Perkin Elmer (PE) Janus Automated Liquid Handler Workstation System in order to minimize operational delays in High throughput Imaging Facility.  HiTIF provides CCR investigators with the expertise and the technology needed to set-up, optimize and implement high-content imaging (HCI) assays. HCI assays are used to analyze large numbers of experimental conditions, such as in high-throughput siRNA or chemical compounds screens.  The HiTIF also applies HCI in combination with single-cell image and data analysis to quantify exceedingly rare but biologically important events in heterogeneous populations of cells.  The services provided under this purchase order will support the continuous operation and mission of the CCR HiTIF to enable CCR investigators to conduct HCI assays relevant to their studies. The equipment described is essential to the uninterrupted operation of the HiTIF.

3.0    SCOPE 

The Contractor shall provide all labor, material and equipment necessary to maintain and provide preventive and emergency maintenance for the following five (5) listed Government-owned components of scientific equipment, which together form the Perkin Elmer Janus Automated Liquid Handler Workstation System:

•    One (1) Perkin Elmer Janus Automated Liquid Handler Workstation (NIH property ID# 01789486; PE SN: DG03094847);
•    One (1) Perkin Elmer MDT I30 dispense head (DG03094859); 
•    One (1) Perkin Elmer MDT I235 dispense head (PE SN: DG04094946); and
•    Two (2) Perkin Elmer PSS21 PlateStak units (PE SN: DS03094857 and DS03094858).

All onsite services shall be performed by an authorized/certified, Original Equipment Manufacturer (OEM) trained service representative with access to OEM parts, in accordance with the OEM’s most current standard commercial maintenance procedures. All travel, labor and related charges shall be included at no additional cost to the government. 

All onsite services shall be provided during normal business hours, defined as 8:00 am – 5:00 pm EST, Monday through Friday, excluding Federal Holidays found at: https://www.opm.gov/policy-data-oversight/pay-leave/federal-holidays/. 

The Contractor shall provide direct, unlimited, OEM-authorized and trained technical support during normal business hours, via email and phone (toll-free), as described in section 5.4 below.

4.0    TYPE OF ORDER

This is a firm fixed price purchase order.

4.1    SEVERABLE SERVICES

The services acquired under this purchase order are severable services. Funds are only available for use for the line item to which they are obligated. Unused funds from one period (line item) may not rollover for use in other periods.

5.0    SPECIAL ORDER REQUIREMENTS

5.1    PREVENTIVE MAINTENANCE  

The Contractor shall perform one (1) preventive maintenance inspection (PMI) during each 12- month performance period on each piece of equipment (5 total PMIs per 12-month performance period).  Service shall consist of a thorough cleaning, calibration, adjusting, inspection, lubrication and testing of all equipment in accordance with the manufacturer’s latest established service procedures.  All equipment shall be operationally tested through at least one (1) complete operating cycle at the end of each preventive maintenance inspection to assure optimum and efficient performance.

5.2    EMERGENCY SERVICE

Priority emergency repair services shall be provided on an unlimited basis during each 12-month performance period at no additional cost to the Government.  Upon receipt of notice that any part of the equipment is not functioning properly, the Contractor shall, within seventy-two (72) hours of the Government reporting the issue, furnish an authorized, OEM-trained service representative to inspect the equipment and perform all repairs and adjustments necessary to restore the equipment to normal and efficient operating condition.  Emergency service calls shall not replace the necessity for scheduled PMIs.  

5.3    REPLACEMENT PARTS  

The Contractor shall furnish all required non-consumables and supplies replacement parts at no additional cost to the Government. Parts shall be genuine OEM parts, new or re-manufactured to original equipment specifications.

5.4    TECHNICAL SERVICE  

The Contractor shall provide direct, unlimited, OEM-authorized and trained technical support via email and phone (toll-free) during normal business hours. Technical support shall be familiar with the PE equipment described in section 3.0 of this statement of work. Technical support shall be capable of troubleshooting and diagnosing the instrument operation in real time and providing troubleshooting assistance related to user defined Graphical User Interface protocols. 

5.5    SERVICE EXCLUSIONS

The Contractor shall not be responsible for any repairs necessitated by abuse, neglect, vandalism, Acts of God, fire or water.  These repairs shall be the subject of a separate purchase order and shall not be performed under this purchase order.

5.6    PERSONNEL QUALIFICATIONS 

All Contractor personnel servicing or providing technical support for the aforementioned equipment shall be OEM-authorized and trained. Service Representatives shall have a minimum of one (1) year OEM experience in servicing the PE equipment described in this Statement of Work.  All primary service personnel shall have at least one backup support person with at least the same level of expertise. The Contractor shall have certification of personnel on file and available upon request.
                            
6.0    PERIOD OF PERFORMANCE

The period of performance shall consist of one (1) 12-month base period, plus four (4), 12-month option periods as follows:

Base Period:         September 1, 2020 to August 31, 2021
Option Period 1:     September 1, 2021 to August 31, 2022
Option Period 2:     September 1, 2022 to August 31, 2023
Option Period 3:     September 1, 2023 to August 31, 2024
Option Period 4:     September 1, 2024 to August 31, 2025

7.0    PLACE OF PERFORMANCE

Service shall be performed remotely from the Contractor’s facility, with the exception of the required onsite services discussed in section 5 above. Onsite services shall be performed at the following location:

High-Throughput Imaging Facility (HiTIF)
Center for Cancer Research
National Cancer Institute/NIH
41 Medlars Dr.
Bldg 41, Rm C508
Bethesda, MD 20892

8.0    INVOICE SUBMISSION / PAYMENT

Payment shall be made monthly in arrears. Payment authorization requires submission and approval of invoices to the NCI Technical Point of Contact (TPOC) and NIH OFM, in accordance with the attached payment provisions listed below. The following clause is applicable to all Purchase Orders, Task or Delivery Orders, and Blanket Purchase Agreement (BPA) Calls: PROMPT PAYMENT (JAN 2017) FAR 52.232-25. Highlights of this clause and NIH implementation requirements follow:

I    INVOICE REQUIREMENTS

A.    An invoice is the Contractor's bill or written request for payment under the contract for supplies delivered or services performed.  A proper invoice is an "Original" which must include the items listed in subdivisions 1 through 12, below, in addition to the requirements of FAR 32.9.  If the invoice does not comply with these requirements, the Contractor will be notified of the defect within 7 days after the date the designated billing office received the invoice (3 days for meat, meat food products, or fish, and 5 days for perishable agricultural commodities, dairy products, edible fats or oils) with a statement of the reasons why it is not a proper invoice.  (See exceptions under II., below.)  Untimely notification will be taken into account in the computation of any interest penalty owed the Contractor.
1.    Vendor/Contractor:  Name, Address, Point of Contact for the invoice (Name, title, telephone number, e-mail and mailing address of point of contact).
2.    Remit-to address (Name and complete mailing address to send payment).
3.    Remittance name must match exactly with name on original order/contract.  If the Remittance name differs from the Legal Business Name, then both names must appear on the invoice.
4.    Invoice date.
5.    Unique invoice #s for all invoices per vendor regardless of site. 
6.    NBS document number formats must be included for awards created in the NBS:  Contract Number; Purchase Order Number; Task or Delivery Order Number and Source Award Number (e.g., Indefinite Delivery Contract number; General Services Administration number); or, BPA Call Number and BPA Parent Award Number.
7.    Data Universal Numbering System (DUNS) or DUNS + 4 as registered in the Central Contractor Registration (CCR).
8.    Federal Taxpayer Identification Number (TIN).  In those exceptional cases where a contractor does not have a DUNS number or TIN, a Vendor Identification Number (VIN) must be referenced on the invoice.  The VIN is the number that appears after the contractor’s name on the face page of the award document.
9.    Identify that payment is to be made using a three-way match.
10.    Description of supplies/services that match the description on the award, by line billed.*
11.    Freight or delivery charge must be billed as shown on the award.  If it is included in the item price do not bill it separately.  If identified in the award as a separate line item, it must be billed separately.
12.    Quantity, Unit of Measure, Unit Price, Extended Price of supplies delivered or services performed, as applicable, and that match the line items specified in the award.*

* NOTE:  If your invoice must differ from the line items on the award, please contact the Contracting Officer before submitting the invoice.  A modification to the order or contract may be needed before the invoice can be submitted and paid. 

B.    Shipping costs will be reimbursed only if authorized by the Contract/Purchase Order.  If authorized, shipping costs must be itemized.  Where shipping costs exceed $100, the invoice must be supported by a bill of lading or a paid carrier's receipt.

II    ELECTRONIC INVOICE SUBMISSION

The current national emergency and the need to protect Federal and Contractor staff has resulted in a change to NIH’s invoice submission process. Effective Wednesday, April 1, 2020, all NIH contractors/vendors invoices should be sent electronically via email to the NIH Office of Financial Management (OFM) and the NIH Contracting Officer (CO) using the electronic submission instructions contained in Attachment #1. Electronic invoice submission shall remain in effect until the Government formally notifies the Contractor of a return to mail-in invoice procedures detailed in this purchase order.

III        INVOICE PAYMENT

A.    Except as indicated in paragraph B., below, the due date for making invoice payments by the designated payment office shall be the later of the following two events:

    1. The 30th day after the designated billing office has received a proper invoice.
    2. The 30th day after Government acceptance of supplies delivered or services 
         performed.

B.    The due date for making invoice payments for meat and meat food products, perishable agricultural commodities, dairy products, and edible fats or oils, shall be in accordance with the Prompt Payment Act, as amended.

IV.    INTEREST PENALTIES

A.    An interest penalty shall be paid automatically, if payment is not made by the due date and the conditions listed below are met, if applicable.

    1. A proper invoice was received by the designated billing office.
    2. A receiving report or other Government documentation authorizing payment was  
        processed and there was no disagreement over quantity, quality, or contractor 
        compliance with a term or condition.
    3. In the case of a final invoice for any balance of funds due the contractor for supplies 
        delivered or services performed, the amount was not subject to further settlement 
        actions between the Government and the Contractor.

C.    Determination of interest and penalties due will be made in accordance with the provisions of the Prompt Payment Act, as amended, the Contract Disputes Act, and regulations issued by the Office of Management and Budget.

IV.     PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS  
       SUBCONTRACTORS, FAR 52.232-40 (DEC 2013)

a)    Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor. 
b)    The acceleration of payments under this clause does not provide any new rights under the prompt Payment Act.
Include the substance of this clause, include this paragraph c, in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.

9.0     PURCHASE ORDER CLAUSES

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS - COMMERCIAL ITEMS (JUL 2020)  

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).
           (4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
           (5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
 (6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
          ___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509)).
___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
_X__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).
          ___ (5) [Reserved].
___ (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).
___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).
_X__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101note).
___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).
          ___ (10) [Reserved].
___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C.657a).
                      ___ (ii) Alternate I (MAR 2020) of 52.219-3.
___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
              ___ (ii) Alternate I (MAR 2020) of 52.219-4.
          ___ (13) [Reserved]
          _X__ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (MAR 2020) (15 U.S.C.644).
                     ___ (ii) Alternate I (MAR 2020) of 52.219-6
          ___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (MAR 2020) (15 U.S.C. 644).
                      ___ (ii) Alternate I (MAR 2020) of 52.219-7.
___ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)).
          ___ (17) (i) 52.219-9, Small Business Subcontracting Plan (JUN 2020) (15 U.S.C. 637(d)(4)).
                      ___ (ii) Alternate I (NOV 2016) of 52.219-9.
                      ___ (iii) Alternate II (NOV 2016) of 52.219-9.
                      ___ (iv) Alternate III (JUN 2020) of 52.219-9.
                      ___ (v) Alternate IV (JUN 2020) of 52.219-9
          _X__ (18) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).
        ___ (ii) Alternate I (MAR 2020) of 52.219-13
          ___ (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C.637(a)(14)).
___ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).
___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020) (15 U.S.C. 657f).
_X__ (22)(i) 52.219-28, Post Award Small Business Program Representation (MAY 2020) (15 U.S.C. 632(a)(2)).
                    ___ (ii) Alternate I (MAR 2020) of 52.219-28.
___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (MAR 2020) (15 U.S.C. 637(m)).
___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (MAR 2020) (15 U.S.C. 637(m)).
___ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).
          ___ (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17)).
          _X__ (27) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).
 ___ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2020) (E.O.13126).
          _X__ (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
          _X__ (30) (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).
                    ___ (ii) Alternate I (Feb 1999) of 52.222-26.
          _X__ (31)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).
                      ___ (ii) Alternate I (JUL 2014) of 52.222-35.
_X__ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C.793).
                    ___ (ii) Alternate I (JUL 2014) of 52.222-36.
          _X__ (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).
___ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).
_X__ (35)(i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).
                      ___ (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
___ (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
___ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
___ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
___ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).
___ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).
___ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).
                      ___ (ii) Alternate I (OCT 2015) of 52.223-13.
___ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).
                      ___ (ii) Alternate I (JUN 2014) of 52.223-14.
___ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).
___ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).
                      ___ (ii) Alternate I (JUN 2014) of 52.223-16.
_X__ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).
          ___ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).
          ___ (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).
          ___ (47) (i) 52.224-3 Privacy Training (JAN 2017) (5 U.S.C. 552 a).
                      ___ (ii) Alternate I (JAN 2017) of 52.224-3.
          ___ (48) 52.225-1, Buy American-Supplies (MAY 2014) (41 U.S.C. chapter 83).
___ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
              ___ (ii) Alternate I (MAY 2014) of 52.225-3.
                     ___ (iii) Alternate II (MAY 2014) of 52.225-3.
                      ___ (iv) Alternate III (MAY 2014) of 52.225-3.
          ___ (50) 52.225-5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
_X__ (51) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
___ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
          ___ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150).
___ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).
___ (55) 52.229-12, Tax on Certain Foreign Procurements (Jun 2020).
___ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C.4505, 10 U.S.C.2307(f)).
___ (57) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C.4505, 10 U.S.C.2307(f)).
_X__ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT 2018) (31 U.S.C. 3332).
___ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (JUL 2013) (31 U.S.C.3332).
          ___ (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C.3332).
          ___ (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).
          ___ (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C. 637(d)(13)).
___ (63) (i) 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).
                      ___ (ii) Alternate I (APR 2003) of 52.247-64.
                      ___ (iii) Alternate II (FEB 2006) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
          ___ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).
___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
_X__ (5) 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).
___ (6) 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).
          ___ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).
          ___ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, 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.
(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(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 (JUN 2020) (41 U.S.C. 3509).

(ii)    52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)

(iii)    52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).

(iv)    52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v)     52.219-8, Utilization of Small Business Concerns (OCT 2018) (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  the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi)    52.222-21, Prohibition of Segregated Facilities (APR 2015).

(vii)    52.222-26, Equal Opportunity (SEP 2015) (E.O.11246).

(viii)    52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C.4212).

(ix)    52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C.793).

(x)    52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C.4212)

(xi)    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.

(xii)    52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

(xiii)    (A) 52.222-50, Combating Trafficking in Persons (JAN 2019) (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 and E.O 13627)
(xv)        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).
(xvi)    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).
               (xvii)     52.222-54, Employment Eligibility Verification (OCT 2015) (E.O. 12989).
               (xviii)    52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).
               (xix)      52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
               (xx)          (A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
                              (B) Alternate I (JAN 2017) of 52.224-3.
(xxi)      52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xxii)     52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxiii)    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.

FAR 52.217–8 OPTION TO EXTEND SERVICES (NOV 1999) 

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days of contract expiration.

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 15 days of contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 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 66 months.

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): http://www.acquisition.gov/far/ and/or http://www.hhs.gov/policies/hhsar/.

FEDERAL ACQUISITION REGULATION (FAR) (48 CFR CHAPTER 1) PROVISIONS:

Clause No.        Title

FAR 52.204-25    PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2019)

FAR 52.212-4        CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS                 (OCT 2018)

FAR 52.232-39     UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS                 (JUN 2013)

HEALTH AND HUMAN SERICES ACQUISITION REGULATION (HHSAR) (48 CFR 
CHAPTER 3) PROVISIONS:

Clause No.        Title

HHSAR 352.222-70    CONTRACTOR COOPERATION IN EQUAL EMPLOYMENT OPPORTUNITY INVESTIGATION (DEC 2015)

10.0     SOLICITATION PROVISIONS

FAR 52.204-24  REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (DEC 2019)

(a)    Definitions. As used in this provision—

Covered telecommunications equipment or services, Critical technology, and Substantial or essential component have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b)    Prohibition. 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. Contractors are not prohibited from providing—
(1)    A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(2)    Telecommunications equipment that cannot route or redirect user data traffic or 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)    Representation. The Offeror represents that—

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.

(e)    Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will” provide covered telecommunications equipment or services”, the Offeror shall provide the following information as part of the offer—
(1)    A description of all covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);
(2)    Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision;
(3)    For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and
(4)    For equipment, 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).

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

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):http://www.acquisition.gov/far/ and/or http://www.hhs.gov/policies/hhsar/. 

FEDERAL ACQUISITION REGULATION (FAR) (48 CFR CHAPTER 1) PROVISIONS:

Clause No.        Title

FAR 52.204-22    ALTERNATIVE LINE ITEM PROPOSAL (JAN 2017)
FAR 52.212-1      INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS (OCT 2018)
FAR 52.212-2      EVALUATION-COMMERCIAL ITEMS (OCT 2014)
FAR 52.217-5      EVALUATION OF OPTIONS (JUL 1990)
FAR 52.219-6      NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2011)

11.0    QUOTATION SUBMISSION / GENERAL INSTRUCTIONS / EVALUATION

QUESTIONS
Questions must be submitted electronically via email to Contracting Officer, Megan Kisamore, at megan.kisamore@nih.gov in MS Word or Adobe Portable Document Format (PDF), no later than 3:00 PM EST on Thursday, July 23, 2020 (7/23/2020). Please be advised that the Government reserves the right to transmit any questions and answers of a common interest to all prospective Contractors.

QUOTATIONS
Quotations must be submitted electronically via email to Contracting Officer, Megan Kisamore, at megan.kisamore@nih.gov in MS Word or Adobe Portable Document Format (PDF), no later than 3:00 PM EST on Wednesday, July 29, 2020 (7/29/2020). 

Please refer to solicitation number: 75N91020Q00136 on all correspondence.

GENERAL INSTRUCTIONS

This Request for Quotation (RFQ) does not commit the Government to pay any cost for preparation and submission of a quote. In addition, the Contracting Officer is the only individual who can legally commit the Government to the expenditure of public funds in connection with this proposed acquisition. By submitting a quote in response to this solicitation, it is understood that your firm’s quote shall become a part of the official contract file. 

Quotes must provide clear responses and supporting documentation, specifically addressing each requirement listed in section 5 above. Quotes which merely offer to conduct a project in accordance with the requirements of the Government's scope of work will not be eligible for award.

***Quotes must be submitted with a completed copy of FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment, located in section 10.0 SOLICITATION PROVISIONS of this RFQ.

Price Quote:
The price quote must contain the following information:

    1. Business Credentials:

    a. Federal Tax Identification Number (TIN);
    b. Data Universal Numbering System (DUNS) Number;
    c. Business Size (e.g., small or large)

    2. Pricing Information:
        The Quoter shall prepare a price quotation that contains all information necessary to       
          allow for a comprehensive evaluation of the prices quoted, to include:

     a. Price summary as follows:

Contract Period    Period of Performance                                     Fixed Price
CLIN 1                       Base Period    9/1/2020 – 8/31/2021            $TBD
CLIN 2                       Option Period 1    9/1/2021 – 8/31/2022    $TBD
CLIN 3                       Option Period 2    9/1/2022 – 8/31/2023    $TBD
CLIN 4                       Option Period 3    9/1/2023 – 8/31/2024    $TBD
CLIN 5                       Option Period 4    9/1/2024 – 8/31/2025    $TBD
Total Firm Fixed Price                                                                            $TBD

**Please include a statement to the effect that pricing is firm for a period of at least 60 days from the date of receipt thereof by the Government.

BASIS FOR AWARD & EVALUATION
The purchase order will be awarded to the firm that submits the Lowest Price Technically Acceptable (LPTA) quotation. A technically acceptable quote is one in which the quoter(s) complies with the Statement of Work (SOW) and does not take exception, nor object to any of the terms of the RFQ. Quotes that are not technically acceptable will not be considered for award. 

Evaluation and award will be conducted in accordance with the requirements of FAR 13.106. The technical evaluation will be a determination based on information furnished by the Contractor. The Government is not responsible for locating or securing any information which is not identified in the quotation. The Government intends to evaluate quotations and make a single award. Quotations should contain the quoter’s best terms from a price and technical standpoint. However, the Government reserves the right to request quote revisions that seek additional price discounts, provide revisions to the technical quote, or clarify aspects of the quote.  In the event quote revisions are requested, the Government will not necessarily be seeking revisions from all quoters. The Government may reject any or all quotes if such action is in the public interest; accept other than the lowest quote; and waive informalities and minor irregularities in quotes received.

The Government will evaluate quotes for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options shall not obligate the Government to exercise the option(s). As part of price evaluation, the Government will evaluate its option to extend services (see FAR Clause 52.217-8) by adding one-half of the quoter’s final option period price to the quoter’s total price. Thus, the quoter’s total price for the purpose of evaluation will include: the base period, option period 1, option period 2, option period 3, option period 4, and 1/2 of option period 4. As indicated in FAR 52.217-8, the Government will have the option provision to extend the performance of the task order up to an additional 6 months when the Contractor is provided timely written notice. Providing pricing for the optional six-month extension period is not required.