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MAINTENANCE AGREEMENT FOR IMARIS SOFTWARE


North Carolina, United States
Government : Federal
RFQ
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PART 1 - GENERAL INFORMATION

This is a Combined Synopsis/Solicitation for Commercial Items prepared in accordance with the format in FAR Subpart 12.6 as supplemented with additional information included in this notice and in conjunction with the procedures at FAR Subpart 13.106. This Request for Quotation (RFQ) announcement constitutes the only solicitation that will be issued; quotes are being requested and a written solicitation will not be issued. RFQ Number 4534834 is issued as a 100 % Small Business Set-Aside. The Government contemplates a Firm-Fixed Price Purchase Order will result from this RFQ. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-95.


The associated North American Industrial Classification System (NAICS) code for this procurement is 511210 "Software Publishers". Its associated Small Business Size Standard is $38.5 million.


PART 2 - SUPPLIES OR SERVICES AND PRICES


Description of Supplies or Services


The National Institute of Environmental Health Sciences (NIEHS) requires a maintenance and service agreement for Bitplane Imaris Software (Brand-Name Only). The subscription shall include an 8 x 5 remote online and phone assistance, plus any software upgrades issued during the maintenance period of performance. The resultant Imaris Software maintenance contract shall provide the following licenses: one (1) Floating License Manager, one (1) Single Full Package, one (1) FL Package, one (1) CL Package plus Filament Tracer module. Services provided under this maintenance and service agreement shall include: Two software upgrades per year to the latest and most advanced version of Imaris; priority online and phone technical and applications support; one private video conference per year with a member of the Bitplane Sales Team; one on-site visit with training session (1 day) per year with a member of the Bitplane Sales and Applications Team; priority access to the annual Imaris User Group Meeting, (entrance fee needed); Imaris licensing services; the latest version of the Imaris Quick Start Tutorial book; A2-sized Imaris Infinity poster. This requirement is in support for the Fluorescence Microscope Imaging Center (FMIC), Division of Intramural Research (DIR) at NIEHS.


Price Schedule


See attached


PART 3 - DESCRIPTION/SPECIFICATION


1. Scope


The Division of Intramural Research (DIR) has a requirement for an annual maintenance and service agreement for the Bitplane Imaris Software. The Bitplane Imaris Software Maintenance provides the Fluorescence Microscope Imaging Center (FMIC) at NIEHS the capability to analyze microscopy images of large datasets by providing software suitable for live cell imaging in both 3D and 4D. NIEHS needs a yearly service contract to ensure this name brand software is operating efficiently. Providing annual service and maintenance includes all labor, travel, and parts for one year and includes two Preventative Maintenance visit. Trained technicians with excellent communication and troubleshooting skills who can provides helpful advice for maintenance of instruments is required. The purchase of this service is important to the group to ensure uninterrupted work with investigators and multiple projects in either short or long term, and it is used to train multiple users.


PART 4 - PACKING, MARKING AND SHIPPING


NIH/NIEHS
ATTN: Mike Tyson
111 TW Alexander Dr.
Rm # 1011
Research Triangle Park, NC 27709


PART 5 - INSPECTION AND ACCEPTANCE


N/A


PART 6 - DELIVERIES OR PERFORMANCE


Place of Delivery and/or Service:


All service will be performed in the Division of Intramural Research (DIR), Fluorescence Microscope Imaging Center (FMIC) at the National Institute of Environmental Health Sciences, Research Triangle Park, N.C.


Period of Performance:


Base Period: June 1, 2017 to May 31, 2018
Option Period 1: June 1, 2018 to May 31, 2019
Option Period 2: June 1, 2019 to May 31, 2020
Option Period 3: June 1, 2020 to May 31, 2021
Option Period 4: June 1, 2021 to May 31, 2022


PART 7 - CONTRACT ADMINISTRATION DATA


The following personnel will represent the Government for the purpose of this contract:


1. The COR is responsible for: (1) monitoring the Contractor's technical progress, including the surveillance and assessment of performance and recommending to the Contracting Officer changes in requirements; (2) interpreting the Statement of Work and any other technical performance requirements; (3) performing technical evaluation as required; (4) performing technical inspections and acceptances required by this contract; and (5) assisting in the resolution of technical problems encountered during performance.


2. Contract Specialist (Primary POC)


Teresa A. McCall
530 Davis Drive
Morrisville, NC 27713
teresa.mccall@nih.gov
Tel: (919) 541-0387


3. Contracting Officer (Alt. POC)


Hugo O. Alcantara
530 Davis Drive
Morrisville, NC 27713
hugo.alcantara@nih.gov
Tel: (919) 316-4625


The Contracting Officer is the only person with authority to act as agent of the Government under this contract. Only the Contracting Officer has authority to: (1) direct or negotiate any changes in the RFQ;
(2) modify or extend the period of performance; (3) change the delivery schedule; (4) authorize reimbursement to the Contractor any costs incurred during the performance of this contract; or (5) otherwise change any terms and conditions of this contract.


Invoice Submission


a. Invoice Instructions for NIH Fixed-Price Type Contracts, NIH (RC)-2, are attached and made part of this contract.


The Contractor shall follow the attached instructions and submission procedures specified below to meet the requirements of a "proper invoice" pursuant to FAR Subpart 32.9, Prompt Payment.


1. Payment requests shall be submitted to the offices identified below. Do not submit supporting documentation (e.g., receipts, time sheets, vendor invoices, etc.) with your payment request unless specified elsewhere in the contract or requested by the Contracting Officer.


a. The original invoice shall be submitted to the following designated billing office:

National Institutes of Health
Office of Financial Management
Commercial Accounts
2115 East Jefferson Street, Room 4B-432, MSC 8500
Bethesda, MD 20892-8500


b. One electronic copy of the invoice shall be submitted to the following approving official:

Contracting Officer
OM/Office of Acquisitions
National Institutes of Health
National Institute of Environmental Health Sciences
E-Mail: teresa.mccall@nih.gov


The Contractor shall submit an electronic copy of the payment request to the approving official instead of a paper copy. The payment request shall be transmitted as an attachment via e-mail to the address listed above in one of the following formats: MSWord, MS Excel, or Adobe Portable Document Format (PDF). Only one payment request shall be submitted per e-mail and the subject line of the e-mail shall include the Contractor's name, contract number, and unique invoice number.


Note: The original payment request must still be submitted in hard copy and mailed to the designated billing office to meet the requirements of a "proper invoice."


2. In addition to the requirements specified in FAR 32.905 for a proper invoice, the Contractor shall include the following information on the face page of all payment requests:


a. Name of the Office of Acquisitions. The Office of Acquisitions for this contract is NIEHS.


b. Central Point of Distribution. For the purpose of this contract, the Central Point of Distribution is NIEHS_OA_Invoices-BranchC@mail.nih.gov.


c. Federal Taxpayer Identification Number (TIN). If the Contractor does not have a valid TIN, it shall identify the Vendor Identification Number (VIN) on the payment request. The VIN is the number that appears after the Contractor's name on the face page of the contract. [Note: A VIN is assigned to new contracts awarded on or after June 4, 2007, and any existing contract modified to include the VIN number.] If the Contractor has neither a TIN, DUNS, or VIN, contact the Contracting Officer.


d. DUNS or DUNS+4 Number. The DUNS number must identify the Contractor's name and address exactly as stated in the contract and as registered in the Central Contractor Registration (CCR) database. If the Contractor does not have a valid DUNS number, it shall identify the Vendor Identification Number (VIN) on the payment request. The VIN is the number that appears after the Contractor's name on the face page of the contract. [Note: A VIN is assigned to new contracts awarded on or after June 4, 2007, and any existing contract modified to include the VIN number.] If the Contractor has neither a TIN, DUNS, or VIN, contact the Contracting Officer.


e. Invoice Matching Option. This contract requires a three-way match.


f. Unique Invoice Number. Each payment request must be identified by a unique invoice number, which can only be used one time regardless of the number of contracts or orders held by an organization.


g. Inquiries regarding payment of invoices shall be directed to the designated billing office, (301) 496-6088.

PART 8 - SPECIAL CONTRACT REQUIREMENTS


Government Holidays


Workplace is not available on the Government Holidays stated below, or as prescribed by an Executive Order (EO) or OPM.gov due to inclement weather.


January New Year's Day
January Martin Luther King Day
February President's Day
May Memorial Day
July Independence Day
September Labor Day
October Columbus Day
November Veterans Day
November Thanksgiving
December Christmas Day


PART 9 - CONTRACT CLAUSES


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. Also, the full text of a solicitation provision may be accessed electronically at this/these address (es): https://www.acquisition.gov/?q=browsefar


FAR Clause Description Date


52.204-16 Commercial and Government Entity Code Reporting (Jul 2015)
52.212-1 Instructions to Offerors - Commercial Items (Oct 2015)
52.212-2 Evaluation - Commercial Items (Oct 2014)
52.212-3 Offeror Representations and Certifications-Commercial Items (Apr 2016)
An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically via http://www.acquisition.gov . If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (c) through (o) of this provision.
52.217-5 Evaluation of Options (Jul 1990)


52.252-2 Clauses Incorporated by Reference (Feb 1998)


This contract incorporates one or more clauses by reference, noted in Title 48, Federal Acquisition Regulation (FAR) System, 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: https://www.acquisition.gov/?q=browsefar, HHSAR: http://www.hhs.gov/grants/contracts/contract-policies-regulations/hhsar/index.html

FAR Clause Description Date


52.204-18 Commercial and Government Entity Code Maintenance (Jul 2015)
52.212-4 Contract Terms and Conditions Commercial Items (May 2015)
52.232-40 Providing Accelerated Payment to Small Business Subcontractors (Dec 2013)
52.246-16 Responsibility for Supplies (Apr 1984)
352.203-70 Anti-lobbying (Dec 2015)
352.222-70 Contractor cooperation in equal employment opportunity investigations (Dec 2015)
352.239-73 Electronic Information and Technology Accessibility Notice (Dec 2015)
352.239-74 Electronic Information and Technology Accessibility (Dec 2015)


CLAUSE INCORPORATED BY FULL TEXT


Addenda to 52.212-4


1. Stop Work Order, FAR 52.242-12 (Aug 1989)

(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either --
(1) Cancel the stop-work order; or
(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.


(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if --
(1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract; and
(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.


(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.


(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.
(End of Clause)


52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Mar 2016)


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:


52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)


(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).


(3) 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)).
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 (Sept 2006), 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 (Apr 2010) (41 U.S.C. 3509)).


(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 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 (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).
(5) [Reserved].


(6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).


(7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).


(8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013) (31 U.S.C. 6101 note).


(9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).


(10) [Reserved].


(11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).


(ii) Alternate I (Nov 2011) of 52.219-3.


(12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).


(ii) Alternate I (Jan 2011) of 52.219-4.


(13) [Reserved]


XX (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).


(ii) Alternate I (Nov 2011).


(iii) Alternate II (Nov 2011).


(15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
(ii) Alternate I (Oct 1995) of 52.219-7.
(iii) Alternate II (Mar 2004) of 52.219-7.


_XX (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).


(17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2014) (15 U.S.C. 637(d)(4)).
(ii) Alternate I (Oct 2001) of 52.219-9.
(iii) Alternate II (Oct 2001) of 52.219-9.


(iv) Alternate III (Oct 2014) of 52.219-9.


(18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)).


(19) 52.219-14, Limitations on Subcontracting (Nov 2011) (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 (Nov 2011) (15 U.S.C. 657 f).


_ (22) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C. 632(a)(2)).


(23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).


(24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).


X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).


(26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).


X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).


X (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).


(29) 52.222-35, Equal Opportunity for Veterans (Jul 2014)(38 U.S.C. 4212).


X (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).


(31) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).


X (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).


X (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (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).


(34) 52.222-54, Employment Eligibility Verification (Aug 2013). (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.)
(35) (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.)


(36) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423
and 13514).


(ii) Alternate I (Jun 2014) of 52.223-13.


(37) (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.


(38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).


(39) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Jun 2014) (E.O.s 13423 and 13514).


(ii) Alternate I (Jun 2014) of 52.223-16.


_X_ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).


__ (41) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).


(42)(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.


(43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).


_X_ (44) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).


(45) 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).


(46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).


(47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).


(48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).


(49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
_X (50) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) (31 U.S.C. 3332).


(51) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).
(52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).


(53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).


(54)(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.


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) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).


(2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).


(3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).


(4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).


(5) 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 (6) 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).
(7) 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).


(8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E.O. 13658).


(9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).
(10) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p) (1)).
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, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.


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.


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.
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-


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


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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.


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


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


(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).
52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).


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


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


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.


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


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


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


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).


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).


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


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


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).


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.


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.
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.
(End of Clause)


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 performance period; 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 five (5) years and six (6) months (if exercised).
(End of Clause)


PART 11- INSTRUCTIONS TO THE OFFERORS


ADDENDUM TO 52.212-1


The offeror shall submit the following:


1. Price Quotation: Submit on company letterhead the unit price for each line item to include extended price with an overall total price. Additionally, the quotation must contain material in sufficient detail to allow the Government to determine if the party can perform the requirement.


Quotations are due by May 8, 2017, 12:00 PM, Eastern Standard Time and submitted via e-mail to teresa.mccall@nih.gov


PART 12 - GENERAL EVALUATION INFORMATION


ADDENDUM TO 52.212-2


The Government will issue a single contract to the responsible contractor whose quote, conforming to the solicitation, is the Lowest Priced, Technically Acceptable (LPTA) quote. Technical Acceptability will be determined on the quoter's ability to meet the minimum services required and provide maintenance and repair services on all equipment as set forth above. The contract will be issued on an all or none basis.


The Government anticipates that adequate price competition will establish a fair and reasonable price. However, if the Government does not receive adequate price competition, it will evaluate price quotations to ensure price reasonableness of the services being provided to the Government, considering the specific terms and conditions and relevant commercial practices.


The government intends to issue a Purchase Order without discussions. The government reserves the right to enter into discussions if an unacceptable quote can be made acceptable.


The option period will be priced separately to indicate the option periods. The Government is not obligated to exercise the option.


Teresa A. McCall, Contract Specialist, Phone 9195410387, Email teresa.mccall@nih.gov

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