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Carestream Detector Full Service Maintenance


Texas, United States
Government : Military
RFQ
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This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6 and FAR Part 13 Simplified Acquisition Procedures, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. The solicitation number is W81K0018Q0050 and is issued as a Request for Quote (RFQ).  This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-92 and Defense Federal Acquisition Regulation Supplement Publication Notice (DPN) 20161222.


This solicitation is for Transportable Exam Station Extreme Bundle.  The delivery date is 01 October 2018.  The associated North American Industrial Classification System (NAICS) code for this procurement is 811219, with a size standard of 20,500,000.  This procurement is being conducted small business set-aside.  All eligible businesses may submit an offer, which will be considered.


Quotes are due by 17 August 2018, at 10:00 AM, Central Standard Time.  The point of contact is Nate Gillett email: nate.j.gillett.mil@mail.mil or Emerita Torres email: emerita.torres.civ@mail.mil.


Offers shall be submitted via e-mail.  Questions shall be submitted via e-mail not later than 16 August 2018.  No questions will be entertained after this date.


This procurement is being conducted as a commercial item purchase in accordance with FAR Part 12. All responsible sources may submit an offer which will be considered. See addendum 52.212-2 for the evaluating factors.

 

 

Provide full service maintenance on 5 government owned Carestream Detectors in accordance with performance work statement (PWS). See Addendum 52.212-2

 

  




CLIN



NOMENCLATURE



Unit of Issue



Quantity



Pricing





1



DETECTOR-MANF: CARESTREAM, MDL: DRX3543C



Months



12



$





2



DETECTOR-MANF: CARESTREAM, MDL: DRX3543C



Months



12



$





3



DETECTOR MANF: CARESTREAM, MDL: DRX2530C



Months



12



$





4



DETECTOR MANF: CARESTREAM, MDL: DRX2530C



Months



12



$





5



DETECTOR MANF: CARESTREAM, MDL: DRX3543C



Months



12



$





6



CONTRACT MANPOWER REPORT



EA



1



$







 

 

 

 

 

Section SF 1449 - CONTINUATION SHEET





 

 

 



 



 



 





 

                 

                  

 

 

 

 

DELIVERY INFORMATION

 



 



 





         CLIN       DELIVERY DATE                 QUANTITY 



SHIP TO ADDRESS 



DODAAC / CAGE 





                         



 



 





         0001        POP 01-OCT-2018 TO          N/A 

30-SEP-2019 



WILLIAM BEAUMONT ARMY MEDICAL W45NSV  CENTER

WILLIAM BEAUMONT ARMY MEDICAL

CENTE

5005  N. PIEDRAS

EL PASO TX 79920

FOB:  Destination 





                         



                






 



0002 



POP 01-OCT-2018 TO 30-SEP-2019 



N/A 



(SAME AS PREVIOUS LOCATION)

FOB:  Destination 



W45NSV 




 






 



 



 



 



 



 




 






 



0003 



POP 01-OCT-2018 TO 30-SEP-2019 



N/A 



(SAME AS PREVIOUS LOCATION)

FOB:  Destination 



W45NSV 




 






 



 



 



 



 



 




 






 



0004 



POP 01-OCT-2018 TO 30-SEP-2019 



N/A 



(SAME AS PREVIOUS LOCATION)

FOB:  Destination 



W45NSV 




 






 



 



 



 



 



 




 






 



0005 



POP 01-OCT-2018 TO 30-SEP-2019 



N/A 



(SAME AS PREVIOUS LOCATION)

FOB:  Destination 



W45NSV 




 






 



 



 



 



 



 




 






 



0006 

 

 



31-OCT-2019 







(SAME AS PREVIOUS LOCATION)

FOB:  Destination 



W45NSV 




 






 



CLAUSES INCORPORATED BY REFERENCE

 

 




 






 



52.212-4                     Contract Terms and Conditions--Commercial Items                   JAN 2017           




 




 
 
 
 
 
 
 
 
 
 
 



 

 

ADDENDUM 52.212-4

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

 

(End of Addendum)

 

 

 

CLAUSES INCORPORATED BY REFERENCE

 

 

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

         52.204-9                      Personal Identity Verification of Contractor Personnel              JAN 2011           

         52.222-3                      Convict Labor                                                                                     JUN 2003           

         52.222-19                   Child Labor -- Cooperation with Authorities and Remedies      JAN 2018           

         52.222-21                    Prohibition Of Segregated Facilities                                                APR 2015          

         52.222-26                   Equal Opportunity                                                                              SEP 2016           

         52.222-36                    Equal Opportunity for Workers with Disabilities                          JUL 2014           

         52.222-50                   Combating Trafficking in Persons                                                  MAR 2015        

         52.222-51                   Exemption from Application of the Service Contract Labor     MAY 2014        

Standards to Contracts for Maintenance, Calibration, or

Repair of Certain Equipment--Requirements 

52.223-18  Encouraging Contractor Policies To Ban Text Messaging AUG 2011    While Driving 

         52.225-13                    Restrictions on Certain Foreign Purchases                                     JUN 2008          

         52.232-18                    Availability Of Funds                                                                        APR 1984          

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

         52.232-39                   Unenforceability of Unauthorized Obligations                             JUN 2013           

         52.232-40                    Providing Accelerated Payments to Small Business                    DEC 2013         

Subcontractors 

         52.233-3                      Protest After Award                                                                           AUG 1996         

         52.233-4                     Applicable Law for Breach of Contract Claim                             OCT 2004         

         252.203-7000            Requirements Relating to Compensation of Former DoD          SEP 2011           

Officials 

252.203-7002             Requirement to Inform Employees of Whistleblower Rights  SEP 2013                    252.204-7003             Control Of Government Personnel Work Product         APR 1992               

         252.225-7048            Export-Controlled Items                                                                   JUN 2013           

252.232-7003            Electronic Submission of Payment Requests and Receiving       JUN 2012                Reports 

         252.232-7010            Levies on Contract Payments                                                           DEC 2006         

         52.209-10                    Prohibition on Contracting With Inverted Domestic                   NOV 2015         

Corporations 

 

 

CLAUSES INCORPORATED BY FULL TEXT

 

 

52.219-28    POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JULY 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 rerepresent 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 rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation 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 Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, 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 SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

 

The Contractor represents that it (  ) is, (  ) is not a small business concern under NAICS Code      - assigned to contract number      .

 

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

 

(End of clause)

 

 

 

 

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):

 

https://farsite.hill.af.mil  ;

 

(End of clause)

 

 

 

52.252-6     AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

 

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

 

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

 

(End of clause)

 

 

 

252.204-7012  SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING (OCT 2016)

 

(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.

       

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 unclassified 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 controlled technical information or other information, as described in the Controlled Unclassified Information (CUI) Registry at http://www.archives.gov/cui/registry/categorylist.html, that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and Governmentwide policies, and is--

    

•(1)   Marked or otherwise identified in the contract, task order, or delivery order and provided to the contractor by or on behalf of DoD in support of the performance of the contract; or

   

•(2)   Collected, developed, received, transmitted, used, or stored by or on behalf of the contractor in support of the performance of the contract.

    

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.

 

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information.

    

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 covered defense information is recorded, stored, or printed within a covered contractor 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.

    

Rapidly report 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--Noncommercial 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 on all covered contractor information systems. To provide adequate security, the Contractor shall implement, at a minimum, the following information security protections:

    

(1) For covered contractor information systems that are part of an information technology (IT) service or system operated on behalf of the Government, the following security requirements apply:

    

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

    

•(ii)   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.

    

(2) 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) of this clause, the following security requirements apply:

    

(i) Except as provided in paragraph (b)(2)(ii) of this clause, the covered contractor information system shall be subject to 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'' (available via the internet at http://dx.doi.org/10.6028/NIST.SP.800-171) in effect at the time the solicitation is issued or as authorized by the Contracting Officer.

    

(ii)(A) The Contractor shall implement NIST SP 800-171, as soon aspractical, but not later than December 31, 2017.

For all contracts awarded prior to October 1, 2017, the Contractor shall notify the DoD Chief Information Officer (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.

    

•(B)  The Contractor shall submit requests to vary from NIST SP 800-171 in writing to the Contracting Officer, for consideration by the DoD CIO. The Contractor need not implement any security requirement adjudicated by an authorized representative of the DoD CIO to be nonapplicable or to have an alternative, but equally effective,  security measure that may be implemented in its place.

 

•(C)  If the DoD CIO has previously adjudicated the contractor's requests indicating that a requirement is not applicable or that an alternative security measure is equally effective, a copy of that approval shall be provided to the Contracting Officer when requesting its recognition under this contract.

    

•(D)  If the Contractor intends to use an external cloud service provider to store, process, or transmit any covered defense information in performance of this contract, the Contractor shall require and ensure that the cloud service provider meets security requirements equivalent to those established by the Government for the Federal Risk  and Authorization Management Program (FedRAMP) Moderate baseline

(https://www.fedramp.gov/resources/documents/) and that the cloud service provider complies with requirements in paragraphs (c) through (g) of this clause for cyber incident reporting, malicious software, media preservation and protection, access to additional information and equipment necessary for forensic analysis, and cyber incident damage assessment.

    

(3) Apply other information systems security measures when the Contractor reasonably determines that information systems security measures, in addition to those identified in paragraphs (b)(1) and (2)  of this clause, may be required to provide adequate security in a dynamic environment or to accommodate special circumstances (e.g., medical devices) and any individual, isolated, or temporary deficiencies based on an assessed risk or vulnerability. These measures may be addressed in a system security plan.

    

(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 and identified in the contract, 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. When the Contractor or subcontractors discover and isolate malicious software in connection with a reported cyber incident, submit the malicious software to DoD Cyber Crime Center  (DC3) in accordance with instructions provided by DC3 or the Contracting Officer. Do not send the malicious software to 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 covered defense information, including subcontracts for commercial items, without alteration, except to identify the parties. The 

Contractor shall determine if the information required for subcontractor performance retains its identity as covered defense information and will require protection under this clause, and, if necessary, consult with the Contracting Officer; and

    

•(2)  Require subcontractors to--

    

•(i)     Notify the prime Contractor (or next higher-tier subcontractor) when submitting a request to vary from a NIST SP 800-171 security requirement to the Contracting Officer, in accordance with paragraph (b)(2)(ii)(B) of this clause; and

    

•(ii)   Provide the incident report number, automatically assigned by DoD, to the prime Contractor (or next higher-tier subcontractor) as soon as practicable, when reporting a cyber incident to DoD as required in paragraph (c) of this clause.

 

 

(End of clause)

 

 

 

 

 

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.

 

 

(End of clause)

 

 

 

 

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.

 

(End of clause)

 

 

 

 

 52.212-5     CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS  (DEVIATION 2013-O0019) (JUL 2018)

 

(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 (Oct 2015) (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 (Sep 2016) (E.O. 11246).

•(vi)      52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

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

•(viii)   52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

•(ix)      52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

•(x)        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.

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

•(xii)     ___   (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).

•(xiii)   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.)

•(xiv)   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)

•(xv)    52.222-54, Employment Eligibility Verification (Oct 2015).

•(xvi)   52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

•(xvii) 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).

•(xviii)                  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.

•(xix)   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)

 

 

 

 

PWS

PERFORMANCE WORK STATEMENT

 

•1.    This is a non-personal service to provide full service, on-site maintenance on the Detectors (Radiographic System) at William Beaumont Army Medical Center (WBAMC), El Paso, Texas.  Contractor shall furnish all parts, labor, equipment, materials, travel, and transportation to perform all scheduled and unscheduled maintenance for the equipment listed below:

 

•1.1.     DETECTOR-MANF: CARESTREAM, MDL: DRX3543C SN: 165130100161

•1.2.     DETECTOR-MANF: CARESTREAM, MDL: DRX3543C SN: 165130100153

•1.3.     DETECTOR MANF: CARESTREAM, MDL: DRX2530C SN: 170410145698

•1.4.     DETECTOR MANF: CARESTREAM, MDL: DRX3543C SN: 165130100159

•1.5.     DETECTOR MANF: CARESTREAM, MDL: DRX2530C SN: 165210145650

 

•2.    CONTRACTOR REQUIREMENTS:

 

•2.1.     Contractor will provide only technically qualified technicians who are formally trained on the above equipment.  Service personnel must have a good working knowledge of the equipment.

 

•2.2.     Contractor provides a plan for service coverage if less than two (2) personnel are trained on the equipment.  The plan describes and ensures the Government is not without service support for more than one day (i.e., coverage during technician illnesses, vacations, terminations, and /or strikes).

 

•2.3.     Contractor shall obtain the most current legal editions of the original equipment manufacturer (OEM) literature or approved copies.

 

•2.4.     Contractor shall furnish and install only OEM repair parts and OEM recommended substitution/ modifications, as required ensuring proper and safe operation of the equipment.

 

•2.5.     Contractor shall have knowledge of, furnish and install all OEM sponsored modifications at no additional charge. This includes all the OEM published Equipment Changed Orders (ECO) and Fielded Change Orders (FCO).  Mandatory modifications include equipment upgrades or enhancements to equipment design, and changes necessary for operator and patient safety.   Manufacturer sponsored modifications are made as hardware/software updates/ corrections becoming available from the manufacturer.  In addition, the Government may request the Contractor to install said OEM sponsored modification in the event that the Government obtained knowledge of ECO or FCO before the contractor.  Contractor will make all ECO and FCO modifications in a timely manner, but in no case shall it exceed sixty (60) calendar days after ECO or FCO is announced by the OEM.  All such modifications shall be made so as not to interfere with the Government's operation.  If such modification is not possible during normal duty hours, the Contractor will do the modifications outside of normal duty hours (overtime) at no additional cost the Government

 

•2.6.     If the Contractor is unable to repair the unit and subcontracts out to a third party, the Contractor will not stop the third party in the middle of the repair job and will not charge the Government for the subcontracted labor.  

 

•3.    MAINTENANCE TIME FRAMES: The Contractor shall provide one (2) preventive maintenance (PM) and one (2) annual calibration verification check (CVC).  The Contractor shall perform CVC in conjunction with the preventive maintenance services. Services during the time frame will include one (1) electrical safety current leakage test to determine the amount of electrical current electrical leakage to the case of the unit. All services performed are documented and indicated on the service ticket upon completion of services as follows:

 

•3.1.     Calibration: CA with the time spent.

 

•3.2.     Preventive Maintenance INSP is inspection with the time spent, the electrical safety test is considered to be part of this process.

 

•3.3.     Scheduled Parts Replacement SPR with the time, name, and part numbers with cost of parts replaced.

 

•4.    SCHEDULED SERVICES:

 

•4.1.     For base year, the Contractor shall perform the schedule preventive maintenance (PM) inspection within 3 weeks after the award of the contract.

 

•4.2.     For all option years, two Preventive Maintenance services. (PM) inspection.

 

•4.3.     The Contractor shall complete all required scheduled services within four (4) working days after starting each scheduled services.

 

•4.4.     The Contractor shall coordinate with the Contracting Officer Representative (COR), to ensure access to the equipment to be serviced, no later than the 4th working day of the month scheduled for service.

 

•5.    UNSCHEDULED SERVICES:

 

•5.1.     All repairs must be accomplished and the unit fully operational within three (3) working days of telephonic notification of a malfunction.  These days are Monday through Friday, excluding all Government holidays. All equipment is repaired to meet manufacturers specifications at all times. 

 

•5.2.     The Contractor shall respond telephonically within four (4) hours during normal duty hours days and within six

(6) hours after normal duty hours/or weekends/holidays.

 

5.3. Delays caused by the Government must be immediately communicated to the COR and will not counted against the repair completion time frame.

 

5.4. If parts are required and are not in stock with the original equipment manufacturer, authorized sales representative, or repair parts supply outlets, an allowable delay will be determined by the COR and subsequent ship time will not exceed two days.                    

 

5.5. The Contractor shall provide for all replacements of worn and/or defective parts necessary to restore the equipment to 100% operational condition as specified by the OEM.

 

5.6. HOURS OF OPERATION:   Medical Maintenance Branch, WBAMC, office hours 7:30 A.M. thru 4:30 P.M., MST, Monday thru Friday

 

•6.       SERVICE REPORTS: Upon completion of services, a service report shall be provided to the COR.   This report is initiated by the Contractor at the completion of each repair and at the minimum will include:

 

•6.1.    Contractor's name 

 

•6.2.    Contract number

 

•6.3.    Name of technician performing the repair (full printed and signed name)

 

•6.4.    Number of hours expended on each and associated Contractor's hourly rate. Hours are in tenths and rounded up to the nearest tenth of an hour. Example 1.1 is one hour and six minutes. 

 

•6.5.    Part number and listed cost of each repair part used

 

•6.6.    Equipment Control Number and serial number of equipment being repaired.

 

•7.       GOVERNMENT FURNISHED PROPERTY AND MATERIALS: The COR will provide the contractor access to the equipment covered under the contract.

 

•8.       CONTRACTOR FURNISHED PROPERTY:

 

•8.1.    All materials, other than those materials specified as Government furnished, required in the performance of this contract shall be furnished by the Contractor.

 

•8.2.    Availability of manufacturer's service literature needed in the performance of the contract will be Contractor's responsibility and will remain Contractor owned at the termination of the contract.

 

•8.3.    Equipment maintenance performance under the contract includes the unlimited replacement of defective repair parts.

 

•8.4.    Contractor shall notify the COR immediately when parts required to accomplish a maintenance service are not available from the original manufacturer, authorized sales representative, or other repair parts supply outlets.

 

•8.5.    The Government shall not be responsible for any damages or loss of Contractor supplies, materials, or equipment.

 

•8.6.    The Government shall not be responsible for any damages or loss of the Contractor's personal belongings, or those of the Contractor's employees, due to fire, theft, accidents or other causes

 

•9.       PERSONS AUTHORIZED TO PLACE SERVICE CALLS: The Government's COR, as well as those authorized

to give instructions, place service calls, or request updates status, are listed below  No instructions will be accepted by any one other than the people listed below or the Contracting Officer. One of the persons listed below will call and leave their name and number and the Contractor will return the call, or come directly to the COR in room 3K4 of the Bradley Building to verify the call prior to initiating any action.

 

     Chief,   Medical Maintenance Branch 

 

     COR,   Contract Service - 

 

•10.   SCOPE OF WORK:

 

•10.1.Qualified Technician shall report to the Medical Maintenance Branch, Bradley Building, Room 3K4, and signin the Contractor's Log by indicating company name, individuals name, time of arrival, and destination.  When departing WBAMC, the technician must exist through Medical Maintenance and provide the service report with applicable information.

 

•10.2.The performance of all services shall meet or exceed the specifications of the original equipment manufacturer.

 

•10.3.The Contractor is not responsible for the maintenance of equipment listed when damage resulted from act of God, or Government neglect/misuse/abuse, or when services from other than the Contractor's personnel have been performed.

 

•10.4.The Contractor shall provide unlimited unscheduled maintenance services for the equipment covered under the contract.

 

•10.5.The Contractor shall perform scheduled preventive maintenance inspection one (1) time per year and calibrated/verification/certification as needed.

 

•10.6.The Contractor shall establish and follow a procedural checklist when performing scheduled services.  Any updates shall be supplied to the COR.

 

•10.7.The Contractor shall comply with applicable federal, state, and local laws and regulations.

 

•10.8.The Contractor shall ensure that all maintenance services meet or exceed accreditation requirements/standards of the Joint Commission on Accreditation of Healthcare Organizations.

 

•10.9.Upon completion of each repair or service, the Contractor shall provide the COR with a Service Report not later than 48 hours following the performance of each maintenance service.

 

•10.10.                 The Contractor shall have available or have reasonable access to all repair parts to maintain the equipment.  At no time during the contract period shall the equipment remain inoperative more than four (4) consecutive working days following initial on-site visit.&nb

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