Surgical Equipment Service Maintenance

NOTICE TO CONTRACTOR
This is a combined synopsis/solicitation for commercial items prepared in accordance with the
format in Subpart 12.6, as supplemented with additional information included in this notice. This
announcement constitutes the only solicitation; quotations are being requested and a written
solicitation will not be issued. The solicitation number is N0025922Q0016. It is issued as a
Request for Quotation (RFQ). The solicitation document and incorporated provisions and clauses
are those in effect through Federal Acquisition Circular 2021-07. The North American Industry
Classification System (NAICS) Code for this acquisition is 811219. The size standard is 22.0
(millions of dollars). This solicitation is 100% set aside for small business. It is the contractor’s
responsibility to be familiar with the applicable clauses and provisions.
The Naval Medical Readiness training Command Lemoore (NMRTCL) Operating Room requires
a service contract for repair of and preventive/corrective maintenance services for the use of
various Stryker surgical equipment to perform surgeries in the Operating Room in support of
patient service. This service will enable to continue supporting patients with the safest and
reliable equipment. Including Four Option Years.
LOCATION: Naval Health Clinic Lemoore 937 Franklin Av NAS Lemoore, CA 94326
BASE YEAR
CLIN 0001:
Stryker surgical equipment service maintenance with the attached statement of work to be
provided at NMRTCL.
Period of performance (POP): 03 January 2022 to 02 January 2023
Unit of Issue: Job Quantity: 1
Unit Price: ____________ Total CLIN Price: ____________
OPTION YEAR ONE
CLIN 1001:
Stryker surgical equipment service maintenance with the attached statement of work to be
provided at NMRTCL.
Period of performance (POP): 03 January 2023 to 02 January 2024
Unit of Issue: Job Quantity: 1
Unit Price: ____________ Total CLIN Price: ____________
OPTION YEAR TWO
CLIN 2001:
Stryker surgical equipment service maintenance with the attached statement of work to be
provided at NMRTCL.
Period of performance (POP): 03 January 2024 to 02 January 2025
Unit of Issue: Job Quantity: 1
Unit Price: ____________ Total CLIN Price: ____________
OPTION YEAR THREE
CLIN 3001:
Stryker surgical equipment service maintenance with the attached statement of work to be
provided at NMRTCL.
Period of performance (POP): 03 January 2025 to 02 January 2026
Unit of Issue: Job Quantity: 1
Unit Price: ____________ Total CLIN Price: ____________
OPTION YEAR FOUR
CLIN 4001:
Stryker surgical equipment service maintenance with the attached statement of work to be
provided at NMRTCL.
Period of performance (POP): 03 January 2026 to 02 January 2027
Unit of Issue: Job Quantity: 1
Unit Price: ____________ Total CLIN Price: ____________
Delivery/Acceptance location is 34800 Bob Wilson Drive San Diego, CA 92134. FBO
Destination: unless otherwise specified in the order, the supplier is responsible for the
performance of all inspection requirements and quality control.
DEFENSE BIOMETRIC IDENTIFICATION SYSTEM (DBIDS)
(a) In accordance with CNICMEMO dated May 5, 2017, individuals currently using an NCACS
credential for Installation access are required to switch to a DBIDS no later than 14 August 2017.
After 14 August 2017, the NCACS credential will no longer be valid for access to Navy
Installations.
(b) NCACS users may visit the local Navy Installation Visitor Control Center to obtain a DBIDS
credential. To ensure uninterrupted Installation access, current NCACS credential holders are
encouraged to shift to the DBIDS credential as soon as possible as Navy does not have the ability
to extend this deadline. There are no fees incurred by the contractor, vendor, or supplier to obtain
a DBIDS credential.
(c) NCACS credentials issued after 17 April 2017 will no longer be accepted without an
accompanying DBIDS credential for Navy Installation access.
(d) DBIDS guidance for Vendors/Contractors to obtain a pass is accessible through the following
website:
https://www.cnic.navy.mil/om/dbids.html
For more information or to enroll in the DBIDS Program call: 1.202.433.4784.
For Naval Air Station Lemoore Pass and Decal Office, call: 1.559.998.4786
(e) Vendors, contractors, suppliers and other service providers shall present their pass upon entry
at ECP.
This acquisition incorporates by reference the following FAR provisions and clauses:
52.204-7 System for Award Management (OCT 2018)
52.204-13 System for Award Management Maintenance (OCT 2018)
52.204-16 Commercial and Government Entity Code Reporting (JUL 2016)
52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016)
52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance
Services or Equipment. (DEC 2019)
52.212-3 Offeror Representations and Certifications -- Commercial Items (MAR 2020)
Contractors are reminded to either include a completed copy of 52.212-3 and its ALT I with
quotes, or alternatively, the provision can also be submitted at https://www.sam.gov.
52.212-4 Contract Terms and Conditions -- Commercial Items (OCT 2018)
52.217-5 Evaluation of Options (JUL 1990)
52.232-40 – Providing Accelerated Payments to Small Business Subcontractors (DEC 2013)
Additional contract terms and conditions applicable to this procurement are:
252.203-7000 Requirements Relating to Compensation of Former DoD Officials (SEP 2011)
252.203-7002 Requirement to Inform Employees of Whistleblower Rights (SEP 2013)
252.203-7005 Representation Relating to Compensation of Former DoD Officials (NOV 2011)
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting (DEC
2019)
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support (MAY
2016)
252.204-7016 Covered Defense Telecommunications Equipment Or Services—Representation
(DEC 2019)
252.204-7017 Prohibition On The Acquisiton Of Covered Defense Telecommunications
Equipment Or Services—Representation (DEC 2019)
252.204-7018 Prohibition On The Acquisition Of Covered Defense Telecommunications
Equipment Or Services (DEC 2019)
252.223-7008 Prohibition of Hexavalent Chromium (JUN 2013)
252.225-7001 Buy American and Balance of Payments Program (DEC 2017)
252.225-7002 Qualifying Country Sources as Subcontractors (Dec 2017)
252.225-7974 Representation Regarding Business Operations with the Maduro Regime (Feb
2020)
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (DEC 2018)
252.232-7006 Wide Area WorkFlow Payment Instructions (DEC 2018)
252.232-7010 Levies on Contract Payments (DEC 2006)
252.232-7017 Accelerating Payments to Small Business Subcontractors—Prohibition on Fees
and Consideration (APR 2020)
252.239-7098 Prohibition on Contracting to Maintain or Establish a Computer Network Unless
Such Network is Designed to Block Access to Certain Websites – Representation (APR 2021)
(DEV 2021-O0003)
252.244-7000 Subcontracts for Commercial Items (JUN 2013)
252.246-7003 Notification of Potential Safety Issues (JUN 2013)
252.246-7008 Sources of Electronic Parts (MAY 2018)
252.247-7023 Transportation of Supplies by Sea—Basic (FEB 2019)
The following provisions and clauses incorporated by full text apply to the solicitation:
52.212-1 Instructions to Offerors-Commercial Items.
As prescribed in 12.301(b)(1), insert the following provision:
INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS (MAR 2020)
(a) North American Industry Classification System (NAICS) code and small business size
standard. The NAICS code(s) and small business size standard(s) for this acquisition appear
elsewhere in the solicitation. However, the small business size standard for a concern which
submits an offer in its own name, but which proposes to furnish an item which it did not itself
manufacture, is 500 employees.
(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation
at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449,
letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must
show—
(1) The solicitation number;
(2) The time specified in the solicitation for receipt of offers;
(3) The name, address, and telephone number of the offeror;
(4) A technical description of the items being offered in sufficient detail to evaluate compliance
with the requirements in the solicitation. This may include product literature, or other documents,
if necessary;
(5) Terms of any express warranty;
(6) Price and any discount terms;
(7) “Remit to” address, if different than mailing address;
(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-
3(b) for those representations and certifications that the offeror shall complete electronically);
(9) Acknowledgment of Solicitation Amendments;
(10) Past performance information, when included as an evaluation factor, to include recent and
relevant contracts for the same or similar items and other references (including contract numbers,
points of contact with telephone numbers and other relevant information); and
(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of
agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to
furnish required representations or information, or reject the terms and conditions of the
solicitation may be excluded from consideration.
(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30
calendar days from the date specified for receipt of offers, unless another time period is specified
in an addendum to the solicitation.
(d) Product samples. When required by the solicitation, product samples shall be submitted at or
prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation,
these samples shall be submitted at no expense to the
Government, and returned at the sender’s request and expense, unless they are destroyed during
preaward testing.
(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms
and conditions, including alternative line items (provided that the alternative line items are
consistent with subpart 4.10 of the Federal
Acquisition Regulation), or alternative commercial items for satisfying the requirements of this
solicitation. Each offer submitted will be evaluated separately.
(f) Late submissions, modifications, revisions, and withdrawals of offers. (1) Offerors are
responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach
the Government office designated in the solicitation by the time specified in the solicitation. If no
time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated
Government office on the date that offers or revisions are due.
(2) (i) Any offer, modification, revision, or withdrawal of an offer received at the Government
office designated in the solicitation after the exact time specified for receipt of offers is “late” and
will not be considered unless it is received before award is made, the Contracting Officer
determines that accepting the late offer would not unduly delay the acquisition; and-
(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it
was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m.
one working day prior to the date specified for receipt of offers; or
(B) There is acceptable evidence to establish that it was received at the Government installation
designated for receipt of offers and was under the Government’s control prior to the time set for
receipt of offers; or
(C) If this solicitation is a request for proposals, it was the only proposal received.
(ii) However, a late modification of an otherwise successful offer, that makes its terms more
favorable to the Government, will be considered at any time it is received and may be accepted.
(3) Acceptable evidence to establish the time of receipt at the Government installation includes
the time/date stamp of that installation on the offer wrapper, other documentary evidence of
receipt maintained by the installation, or oral testimony or statements of Government personnel.
(4) If an emergency or unanticipated event interrupts normal Government processes so that offers
cannot be received at the Government office designated for receipt of offers by the exact time
specified in the solicitation, and urgent Government requirements preclude amendment of the
solicitation or other notice of an extension of the closing date, the time specified for receipt of
offers will be deemed to be extended to the same time of day specified in the solicitation on the
first work day on which normal Government processes resume.
(5) Offers may be withdrawn by written notice received at any time before the exact time set for
receipt of offers.
Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes
facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time
set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile
offers. An offer may be withdrawn in person by an offeror or its authorized representative if,
before the exact time set for receipt of offers, the identity of the person requesting withdrawal is
established and the person signs a receipt for the offer.
(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate
offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer
should contain the offeror’s best terms from a price and technical standpoint. However, the
Government reserves the right to conduct discussions if later determined by the Contracting
Officer to be necessary. The Government may reject any or all offers if such action is in the
public interest; accept other than the lowest offer; and waive informalities and minor irregularities
in offers received.
(h) Multiple awards. The Government may accept any item or group of items of an offer, unless
the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule,
offers may not be submitted for quantities less than those specified. The Government reserves the
right to make an award on any item for a quantity less than the quantity offered, at the unit prices
offered, unless the offeror specifies otherwise in the offer.
(i) Availability of requirements documents cited in the solicitation.
(1) (i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions,
FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions
cited in this solicitation may be obtained for a fee by submitting a request to-
GSA Federal Supply Service Specifications Section
Suite 8100 470 East L’Enfant Plaza, SW
Washington, DC 20407
Telephone (202) 619-8925
Facsimile (202) 619-8978.
(ii) If the General Services Administration, Department of Agriculture, or Department of
Veterans Affairs issued this solicitation, a single copy of specifications, standards, and
commercial item descriptions cited in this solicitation may be obtained free of charge by
submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies
will be issued for a fee.
(2) Most unclassified Defense specifications and standards may be downloaded from the
following ASSIST websites:
(i) ASSIST ( https://assist.dla.mil/online/start/).
(ii) Quick Search ( http://quicksearch.dla.mil/).
(iii) ASSISTdocs.com (http://assistdocs.com).
(3) Documents not available from ASSIST may be ordered from the Department of Defense
Single Stock Point
(DoDSSP) by-
(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);
(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST;
or
(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA
19111-5094, Telephone
(215) 697-2667/2179, Facsimile (215) 697-1462.
(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for
their preparation, publication, or maintenance.
(j) Unique entity identifier. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if
the solicitation requires the Contractor to be registered in the System for Award Management
(SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its
offer, the annotation “Unique Entity Identifier” followed by the unique entity identifier that
identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds
Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique
entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional
SAM records for identifying alternative EFT accounts (see subpart
32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact
the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain
one. The Offeror should indicate that it is an offeror for a Government contract when contacting
the entity designated at www.sam.gov for establishing the unique entity identifier.
(k) [Reserved]
(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall
disclose the following information, if applicable:
(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s
offer.
(2) The overall evaluated cost or price and technical rating of the successful and the debriefed
offeror and past performance information on the debriefed offeror.
(3) The overall ranking of all offerors, when any ranking was developed by the agency during
source selection.
(4) A summary of the rationale for award;
(5) For acquisitions of commercial items, the make and model of the item to be delivered by the
successful offeror.
(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether
source-selection procedures
set forth in the solicitation, applicable regulations, and other applicable authorities were followed
by the agency.
(End of provision)
52.212-2 -- Evaluation -- Commercial Items (Oct 2014)
(a) The Government will award a contract resulting from this solicitation to the responsible
offeror whose offer conforming to the solicitation will be most advantageous to the Government,
price and other factors considered. The following factors shall be used to evaluate offers:
Technical Capability, Past Performance, and Price.
The source selection method is Lowest Price Technically Acceptable (LPTA). The award will be
made on the basis of the lowest evaluated price of proposals meeting or exceeding the
acceptability standards for non-cost factors
FACTOR 1: Technical Capability; defined as the ability of the products to meet the salient
characteristics needed. Evaluation will be based on vendors meeting the task descriptions in
Section 2. Scope: of the attached Statement of Work (SOW).
FACTOR 2: Past Performance; provide two (2) references with the point of contact name,
telephone number, address, and contract number, for which you have provided the same or
similar services within the last 3 years. Past performance will be evaluated based on references
and information from authorized government past performance systems and resources.
FACTOR 3: Price; the government shall conduct a price evaluation of all technically acceptable
offers with acceptable or neutral past performance.
(b) Options. The Government will evaluate offers for award purposes by adding the total price for
all options to the total price for the basic requirement. The Government may determine that an
offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall
not obligate the Government to exercise the option(s).
(c)A written notice of award or acceptance of an offer, mailed or otherwise furnished to the
successful offeror within the time for acceptance specified in the offer, shall result in a binding
contract without further action by either party. Before the offer’s specified expiration time, the
Government may accept an offer (or part of an offer), whether or not there are negotiations after
its receipt, unless a written notice of withdrawal is received before award.
(End of provision)
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT
STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JUN 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. 3805 note)).
(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: (Contracting Officer
check as appropriate.)
___ (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.)
XX (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).
XX(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. 6101 note).
____ (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]
XX (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (MAR 2020) (15 U.S.C. 644).
____ (ii) Alternate I (MAR 2020).
____ (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.
____ (18) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).
____ (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).
XX (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (MAR 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 (EDWOSB) 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)).
XX (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).
XX (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
XX (30)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).
____ (ii) Alternate I (FEB 1999) of 52.222-26.
XX (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.
XX (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.
XX (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).
XX (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). (E. O. 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.
XX (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. 552a).
____ (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).
XX (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)).
XX (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: (Contracting Officer check as appropriate.)
_____ (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).
XX (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) (E.O. 13658).
_____ (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 2016) (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 (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(xiv) 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.)
(xv) 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)
(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).
(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).
(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).
(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xx) 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).
(xxi) 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.
(xxii) 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)
52.222-48 – Exemption from Application of the Service Contract Labor Standards to Contracts
for Maintenance, Calibration, or Repair of Certain Equipment-Certification (MAY 2014)
(a) The offeror shall check the following certification:
Certification
The offeror □ does □ does not certify that-
(1) The items of equipment to be serviced under this contract are used regularly for other than
Government purposes, and are sold or traded by the offeror (or subcontractor in the case of an
exempt subcontractor) in substantial quantities to the general public in the course of normal
business operations;
(2) The services will be furnished at prices which are, or are based on, established catalog or
market prices for the maintenance, calibration, or repair of equipment.
(i) An "established catalog price" is a price included in a catalog, price list, schedule, or other
form that is regularly maintained by the manufacturer or the offeror, is either published or
otherwise available for inspection by customers, and states prices at which sales currently, or
were last, made to a significant number of buyers constituting the general public.
(ii) An "established market price" is a current price, established in the usual course of trade
between buyers and sellers free to bargain, which can be substantiated from sources independent
of the manufacturer or offeror; and
(3) The compensation (wage and fringe benefits) plan for all service employees performing work
under the contract are the same as that used for these employees and equivalent employees
servicing the same equipment of commercial customers.
(b) Certification by the offeror as to its compliance with respect to the contract also constitutes its
certification as to compliance by its subcontractor if it subcontracts out the exempt services. If the
offeror certifies to the conditions in paragraph (a) of this provision, and the Contracting Officer
determines in accordance with FAR 22.1003-4(c)(3) that the Service Contract Labor Standards
statute-
(1) Will not apply to this offeror, then the Service Contract Labor Standards clause in this
solicitation will not be included in any resultant contract to this offeror; or
(2) Will apply to this offeror, then the clause at 52.222-51, Exemption from Application of the
Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain
Equipment-Requirements, in this solicitation will not be included in any resultant contract
awarded to this offeror, and the offeror may be provided an opportunity to submit a new offer on
that basis.
(c) If the offeror does not certify to the conditions in paragraph (a) of this provision-
(1) The clause in this solicitation at 52.222-51, Exemption from Application of the Service
Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain
Equipment-Requirements, will not be included in any resultant contract awarded to this offeror;
and
(2) The offeror shall notify the Contracting Officer as soon as possible, if the Contracting Officer
did not attach a Service Contract Labor Standards wage determination to the solicitation.
(d) The Contracting Officer may not make an award to the offeror, if the offeror fails to execute
the certification in paragraph (a) of this provision or to contact the Contracting Officer as required
in paragraph (c) of this provision.
(End of Provision)
52.217-9 Option to Extend the Term of the Contract (Mar 2000)
1. The Government may extend the term of this contract by written notice to the Contractor
within 30 days; provided that the Government gives the Contractor a preliminary written
notice of its intent to extend at least 30 days before the contract expires. The preliminary
notice does not commit the Government to an extension.
1. If the Government exercises this option, the extended contract shall be considered to
include this option clause.
1. The total duration of this contract, including the exercise of any options under this clause,
shall not exceed 5 years.
(End of Clause)
The Government will only consider firm fixed price (FFP) quotations.
All questions regarding the RFQ, of a contractual or technical nature, must be submitted
electronically by email to jojie.n.urrete.civ@mail.mil no later than 12/06/2021, 12:01pm Pacific
Time Questions with the Government’s responses will be posted as an attachment to the RFQ.
Please be advised that the Government reserves the right to transmit those questions and answers
of a common interest to all prospective Quotes.
Electronic submission of Quotes: Quotations shall be submitted electronically by email to
jojie.n.urrete.civ@mail.mil. Quotations must be received no later than 12:01pm Pacific Time on
12/10/2021. Email submissions are limited to 2MB. The submitter should confirm receipt of
email submissions.
All quotes shall include price(s), FOB point, a point of contact, name and phone number, GSA
contract number if applicable, business size, and payment terms. Each response must clearly
indicate the capability of the Offeror to meet all specifications and requirements.
******* End of Combined Synopsis/Solicitation ********