PRESOL | 66 | Service and Maintenance Agreement for Autosamplers and Cooling Trays - Package #1

FBO DAILY ISSUE OF MARCH 21, 2012 FBO #3770
SOLICITATION NOTICE

66 -- Service and Maintenance Agreement for Autosamplers and Cooling Trays - Package #1

Notice Date: 3/19/2012
Notice Type: Combined Synopsis/Solicitation
NAICS: 334516 — Analytical Laboratory Instrument Manufacturing
Contracting Office: Department of Health and Human Services, Centers for Disease Control and Prevention, Procurement and Grants Office (Atlanta), 2920 Brandywine Road, Room 3000, Atlanta, Georgia, 30341-4146
ZIP Code: 30341-4146
Solicitation Number: 2012-N-14266
Point of Contact: WIKIKI HENTON, Phone: 7704882621
E-Mail Address: kfv5@cdc.gov
(kfv5@cdc.gov)
Small Business Set-Aside: N/A
Description: Section J - List of Attachments: SUBJECT: Service Agreement for the Maintenance of Autosamplers and Cooling Trays SOLICITATION NUMBER: 2012-N-14266 RESPONSE DUE DATE/TIME: 9 April 2012/ Before 4:30 pm (1630) EASTERN TIME SECTION A - DESCRIPTION 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; proposals are being requested and a written solicitation will not be issued. This solicitation is a Request for Proposal (RFP). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 05-40. The associated North American Industrial Classification System (NAICS) code for this procurement is 334516 - Analytical Laboratory Instrument Manufacturing with a Standard Size of 500 employees. THIS IS A TOTAL SMALL BUSINESS SET-ASIDE. This is a RFP for the maintenance of autosamplers and cooling trays with options. The Government intends to award a Firm Fixed-Price contract as a result of this solicitation that will include the terms and conditions that are set forth herein. SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS B.1. DESCRIPTION OF SUPPLIES & SERVICES B.1.1. The CDC's Division of Laboratory Sciences (DLS) has a requirement for the maintenance of autosamplers and cooling trays that are critical for the analyses of samples related to the measurement of exposure to environmental toxicants and the development of new analytic methods for measuring the constituents of the tobacco smoke in support of FDA's tobacco regulation effort. B.1.2. Contract Type is Firm-Fixed Price. B.1.3. Pricing Terms - "CLIN defined by 0001 etc." means contract line item that corresponds to each year. "UNIT PRICE" represents the amount to be paid to the contractor monthly. CLIN SUPPLIES/SERVICES QTY/UNIT UNIT PRICE UNIT EXTENDED PRICE 0001 Base Year - Maintenance Agreement - Contractor shall provide maintenance for Autosamplers and Cooling Trays in accordance with the attached PWS. Period of Performance: 4/30/2012 - 4/29/2013 1 EA 0002 Option Year 1 - Contractor shall provide maintenance for Autosamplers and Cooling Trays in accordance with the attached PWS. Period of Performance: 4/30/2013 - 4/29/2014 1 EA 0003 Option Year 2 - Contractor shall provide maintenance for Autosamplers and Cooling Trays in accordance with the attached PWS. Period of Performance: 4/30/2014 - 4/29/2015 1 EA 0004 Option Year 3 - Contractor shall provide maintenance for Autosamplers and Cooling Trays in accordance with the attached PWS. Period of Performance: 4/30/2015 - 4/29/2016 1 EA 0005 Option Year 4 - Contractor shall provide maintenance for Autosamplers and Cooling Trays in accordance with the attached PWS. Period of Performance: 4/30/2016 - 4/29/2017 1 EA TOTAL AGGREGATE AMOUNT (CLIN 0001 THRU 0005): tiny_mce_marker________________ SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT C.1. BACKGROUND AND NEED This contract is for maintenance of autosamplers and cooling trays used in the Division of Laboratory Sciences (DLS). This contract is necessary because DLS has instruments that are critical for the analyses of samples related to the measurement of exposure to environmental toxicants and the development of new analytic methods for measuring the constituents of tobacco smoke in support of FDA's tobacco regulation efforts. C.2. PROJECT OBJECTIVE This maintenance must include timely telephonic support, provision of modules and, when required, on-site support for preventive maintenance and repair of instruments by qualified engineers for all instruments listed in the attached equipment list. C.3. SCOPE OF WORK The work to be performed consists of telephonic support, on-site repairs by qualified engineers, priority response time, firmware and software upgrades, and coverage of all parts and travel to CDC. This contract covers 54 instruments and instrument components as detailed on the attached equipment list. C.4. TECHNICAL REQUIREMENTS The vendor must fulfill the following requirements in order to maintain and repair CTC autosamplers and cooling trays: C.4.1. Respond to phone calls regarding service needs for instruments covered in the maintenance agreement. Vendor must provide a response via telephone within four hours of the placement of the service request. C.4.2. Following the identification of a malfunctioning module, the vendor will provide a replacement module within 24 hours of receipt of the telephone call. C.4.3. Provide priority scheduling for requests for on-site service for instruments. Vendor must provide on-site service within 48 hours of placement of the service request. C.4.4. Include all labor, new OEM parts, and travel costs associated with covered service. C.4.5. Provide assistance with instrument trouble-shooting and preventive maintenance to keep instruments in proper working order. C.4.6. Vendor must provide free firmware and software upgrades. Upgrades will be performed on-site during the preventative maintenance visit or remotely through the technical support group. C.4.7. Provide free mechanical upgrades as instructed by the original manufacturer. C.4.8. Personnel providing maintenance and service to autosamplers and cooled trays at CDC must possess excellent written and oral communication skills in the English language. C.5. REPORTING SCHEDULE See deliverables table below in Part 3.9 - Deliverables. C.6. SPECIAL CONSIDERATIONS The company must provide: • Trained and well qualified technical and scientific staff • Prior knowledge and experience in repair and maintenance of CTC autosamplers (Combi-Pal, Twin-Pal, GC-Pal) and cooled trays • Ability to promptly respond to service calls per above in Technical Requirements • Ability to provide replacement of malfunctioning components within 24 hours. • Excellent written and oral communication skills in the English language C.7. GOVERNMENT FURNISHED PROPERTY There is no government furnished property. C.8. REFERENCES There are no reference materials. C.9. DELIVERABLES Deliverable: Deliverable Due Date: Deliverable Provided To: Procedures for Service Calls Within 7 business days after Contract Award Date COR Quality Control Plan (QCP) Within 30 days after Contract Award Date COR Module replacement Within 24 hours of receipt of call identifying the issue COR, Applicable Laboratory Staff Member PM audit results Within 24 hours of completion of PM visit COR, Applicable Laboratory Team Leader Service repairs Within 48 hours of repair request, report of repairs 24 hours after repair completed COR, Applicable Laboratory Team Leader C.10. QUALITY ASSURANCE SURVEILLANCE PLAN (QASP) C.10.1. The QASP will be used to make sure the systematic quality assurance methods are used in the administration of the Performance Based Service Contract (PBSC) standards included in this contract. The intent is to ensure that the contractor performs in accordance with the performance metrics and the Government receives the quality of services called for in this contract. C.10.2. The contractor is responsible for management and quality control actions necessary to meet the quality standards set forth by this contract. The contractor is required to develop and submit a Quality Control Plan (QCP) for the Governments approval in compliance with this contract. Once accepted, the Contractor will then use the QCP to guide and to document the implementation of the required management and quality control actions to achieve the specified results. C.10.3. The below listed Performance Standards and Surveillance Activity Checks shall be used by the COR in the technical administration of this QASP. PERFORMANCE STANDARDS Deliverable or Services Required Measures of Success - Indicators Standards - Criteria Acceptable Quality Maximum Allowable Degree of Deviation Requirement Method of Surveillance Incentives Reporting Requirements Submission of preventive maintenance reporting requirements on government-owned equipment, routine service reports of services performed. Timeliness Quality 100% compliance with government requirements No deviations from the standard allowed Government inspection and acceptance (+)Option exercised (-)Option not exercised Module Provision Timeliness 100% compliance with government requirements No deviations allowed from the standard Receipt of modules within 24 hours of service call (+)Option exercised (-) Option not exercised Repair Services Timeliness Problem Resolution Quality 100% compliance with government requirements No deviations from the standard allowed Government inspection and acceptance Customer complaint Instrument performance (+)Option exercised (-) Option not exercised; re-performance Preventive Maintenance Visits Timeliness Problem Resolution Quality 100% compliance with government requirements No deviations from the standard allowed Government inspection and acceptance Customer complaint Instrument performance (+)Option exercised (-) Option not exercised; re-performance Telephone Support Timeliness Problem Resolution 100% compliance with government requirements No deviations from the standard allowed Customer complaint (+)Option exercised (-) Option not exercised SURVEILLANCE ACTIVITY CHECK The COR will perform a semi-annual and annual assessment of the quality, instrument performance, and business relations. The assessment will consist of the COR contacting the end users, reviewing customer complaints, record of preventive maintenance reports, and other reports documenting the contractors level of service. SECTION D - PACKING, MARKING AND SHIPPING D.1. All deliverables required under this contract shall be packaged, marked and shipped in accordance with Government specifications. At a minimum, all deliverables shall be marked with the contract number and contractor name. D.2. The Contractor shall guarantee that all required materials shall be delivered in immediate usable and acceptable condition. SECTION E - INSPECTION AND ACCEPTANCE E.1. The Contracting Officer's Representative (COR) will perform inspection and acceptance of materials and services to be provided. E.2. For the purpose of this PART, (COR - to be determined upon contract award) is the authorized representative of the Contracting Officer. E.3. Inspection and acceptance will be performed at: the location identified in Part 6 below. Acceptance is communicated in writing unless otherwise indicated in writing by the Contracting Officer or the COR within 15 days of receipt. E.3.1. System maintenance shall be performed by an authorized service engineer at the CDC site. The maintenance of the laboratory instrument shall include a test of the equipment to ensure that it is fully functional before CDC accepts the delivery. E.4. CLAUSES INCORPORATED BY REFERENCE, FAR 52.252-2(FEB 1998) E.4.1. This contract incorporates the following clause(s) by reference, with the same force and effect as if it were given in full text. Upon request, the Contracting Officer will make its full text available. Also, the full text of a clause may be accessed electronically at this address: http://www.acquisition.gov/comp/far/index.html. E.4.2. FAR clause, 52.246-4 Inspection of Services-Fixed Price (Aug 1996) SECTION F - DELIVERIES OR PERFORMANCE F.1. PERFORMANCE F.1.1. Contract Period of Performance: Base Year: 4/30/2012 through 4/29/2013 Option Year 1: 4/30/2013 through 4/29/2014 Option Year 2: 4/30/2014 through 4/29/2015 Option Year 3: 4/30/2015 through 4/29/2016 Option Year 4: 4/30/2016 through 4/29/2017 F.1.2. All work on this contract will be performed at CDC facilities located in Atlanta, GA. F.2. CLAUSES INCORPORATED BY REFERENCE, FAR 52.252-2 (FEB 1998) F.2.1. This contract incorporates the following clause(s) by reference, with the same force and effect as if it were given in full text. Upon request, the Contracting Officer will make its full text available. Also, the full text of a clause may be accessed electronically at this address: http://www.acquisition.gov/comp/far/index.html. F.2.2. FAR 52.247-35, F.O.B. Destination Within Consignees Premises (April 1984) SECTION G - CONTRACT ADMINISTRATION DATA G.1. GOVERNMENT REPRESENTATIVES G.1.1. Contracting Officer (CO) (Jul 1999) The Contracting Officer is the only individual who can legally commit the Government to the expenditure of public funds. No person other than the Contracting Officer can make any changes to the terms, conditions, general provisions, or other stipulations of this contract. No information, other than that which may be contained in an authorized modification to this contract, duly issued by the Contracting Officer, which may be received from any person employed by the United States Government, or otherwise, shall be considered grounds for deviation from any stipulation of this contract. (End of Clause) G.1.2. Contracting Officer's Representative (COR) (Sep 2009) Performance of the work hereunder shall be subject to the technical directions of the designated COR for this contract. As used herein, technical directions are directions to the Contractor which fill in details, suggests possible lines of inquiry, or otherwise completes the general scope of work set forth herein. These technical directions must be within the general scope of work, and may not alter the scope of work or cause changes of such a nature as to justify an adjustment in the stated contract price/cost, or any stated limitation thereof. In the event that the Contractor feels that full implementation of any of these directions may exceed the scope of the contract, he or she shall notify the originator of the technical direction and the Contracting Officer in a letter separate of any required report(s) within two (2) weeks of the date of receipt of the technical direction and no action shall be taken pursuant to the direction. If the Contractor fails to provide the required notification within the said two (2) week period that any technical direction exceeds the scope of the contract, then it shall be deemed for purposes of this contract that the technical direction was within the scope. No technical direction, nor its fulfillment, shall alter or abrogate the rights and obligations fixed in this contract. The Government COR is not authorized to change any of the terms and conditions of this contract. Changes shall be made only by the Contracting Officer by properly written modification(s) to the contract. The Government will provide the Contractor with a copy of the delegation memorandum for the COR. Any changes in COR delegation will be made by the Contracting Officer in writing with a copy being furnished to the Contractor. (End of Clause) G.2. INVOICE SUBMISSION G.2.1. Payment by Electronic Funds Transfer (Dec 2005) (a) The Government shall use electronic funds transfer to the maximum extent possible when making payments under this contract. FAR 52.232-33, Payment by Electronic Funds Transfer - Central Contractor Registration, in Section I, requires the contractor to designate in writing a financial institution for receipt of electronic funds transfer payments. (b) In addition to Central Contractor Registration, the contractor shall make the designation by submitting the form titled "ACH Vendor/Miscellaneous Payment Enrollment Form" to the address indicated below. Note: The form is either attached to this contract (see Section L - List of Attachments) or may be obtained by contacting the Contracting Officer or the CDC Financial Management Office at (404) 498-4050. (c) In cases where the contractor has previously provided such designation, i.e., pursuant to a prior contract/order, and been enrolled in the program, the form is not required unless the designated financial institution has changed. (d) The completed form shall be mailed after award, but no later than 14 calendar days before an invoice is submitted, to the following address: The Centers for Disease Control and Prevention Financial Management Office (FMO) P.O. Box 15580 Atlanta, GA 30333 Or - Fax copy to: 404-638-5342 (End of Clause) G2.2. CDCAG001 - Invoice Submission (Mar 2006) (a) The Contractor may submit the original invoice/voucher via email: Email: FMOAPINV@CDC.GOV FINANCIAL MANAGEMENT OFFICE Email: KFV5@CDC.GOV CONTRACTING OFFICER Email: ZPL1@CDC.GOV COR (b) The Contractor is 1, is not 0 required to submit a copy of each invoice directly to the COR concurrently with submission to the Contracting Officer. (c) In accordance with 5 CFR part 1315 (Prompt Payment), CDC's Financial Management Office is the designated billing office for the purpose of determining the payment due date under FAR 32.904. (d) The Contractor shall include (as a minimum) the following information on each invoice: (1) Contractor's Name & Address (2) Contractor's Tax Identification Number (TIN) (3) Purchase Order/Contract Number and Task Order Number, if Appropriate (4) Invoice Number (5) Invoice Date (6) Contract Line Item Number and Description of Item (7) Quantity (8) Unit Price & Extended Amount for each line item (9) Shipping and Payment Terms (10) Total Amount of Invoice (11) Name, title and telephone number of person to be notified in the event of a defective invoice (12) Payment Address, if different from the information in (c)(1). (13) DUNS + 4 Number (End of Clause) SECTION H - SPECIAL CONTRACT REQUIREMENTS H.1. OBSERVANCE OF LEGAL HOLIDAYS AND ADMINISTRATIVE LEAVE (GOVERNMENT FACILITIES PERFORMANCE) (JAN 2000) (a) Holidays Government personnel shall observe the following listed days as holidays: Washington's Birthday Memorial Day Independence Day Labor Day Veterans' Day Thanksgiving Day Christmas Day New Year's Day Columbus Day Martin Luther King Day Any other day designated by Federal Statute Any other day designated by Executive Order Any other day designated by Presidential proclamation The Contractor shall observe the above holidays on the date observed by the Government. Observance of such days by Government personnel shall not "on its face" be cause for an additional period of performance, or entitlement of compensation except as set forth within the contract. Contractor employees performing duties within Government facilities are automatically relieved from duty by virtue of the fact that Government employees are dismissed early or given the day off, (with the exception of 24 hour/day service requirements). No form of holiday or other premium compensation will be reimbursed; however, this does not preclude reimbursement for authorized overtime work. (b) Unscheduled Facility Closures In the event the Government facilities are closed due to inclement weather, potentially hazardous conditions, and other special circumstances, contractor personnel assigned to work within those facilities are automatically dismissed. In this instance, the cost of salaries and wages for the period of any such excused absence may be charged in the same manner as the effected employee's regular time (direct cost for those employees whose salaries are normally a direct cost; indirect cost for those employees whose salaries are normally an indirect cost), provided that such charges are in accordance with the contractor's accounting system/policy. In each instance, the Contractor agrees to continue to provide sufficient personnel to perform round the clock requirements of critical tasks already in operation or scheduled, and shall be guided by the instructions issued by the Contracting Officer or his duly appointed representative. (End of Clause) SECTION I - CONTRACT CLAUSES I.1. CLAUSES INCORPORATED BY REFERENCE, FAR 52.252-2(FEB 1998) I.1.1. This contract incorporates the following clause(s) by reference, with the same force and effect as if it were given in full text. Upon request, the Contracting Officer will make its full text available. Also, the full text of a clause may be accessed electronically at this address: http://www.acquisition.gov/comp/far/index.html. I.1.2. 52.212-1 Instructions to Offerors-Commercial Items (Feb 2012) I.1.3. 52.212-4 Contract Terms and Conditions-Commercial Items (Feb 2012) I.1.4 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items including subparagraphs (Feb 2012): 52.203-5 Covenant Against Contingent Fees (Apr 1984) 52.203-6 Restrictions on Subcontractor Sales to the Government (Sep 2006) 52.203-7 Anti-Kickback Procedures (Jul 1995) 52.217-4 Evaluation of Options Exercised at Time of Contract Award (Jun 1988) 52.219-6 Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644) 52.222-3 Convict Labor (Jun 2003) 52.222-19 Child Labor-Cooperation with Authorities and Remedies (Jul 2010) 52.222-21 Prohibition of Segregated Facilities (Feb 1999) 52.222-26 Equal Opportunity (Mar 2007) 52.222-36 Affirmative Action for Workers with Disabilities (Oct 2010) 52.222-54 Employment Eligibility Verification (Jan 2009) 52.225-1 Buy American Act-Supplies (Nov 2011) 52.225-13 Restrictions on Certain Foreign Purchases (June 2008) 52.232-33 Payment by Electronic Fund Transfer-Central Contractor Registration (Oct 2003) 52.233-2 Service of Protest (Sep 2006) 52.233-3 Protest after Award (Aug 1996) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) 52.243-1 Changes-Fixed Price (Aug 1987) I.1.5. 52.217-8 Option to Extend Services (NOV 1999); [written notice within 60 days] I.1.6. 52.217-9 Option to Extend the Term of the Contract (Mar 2000)[written notice within 60 days to exercise an Option; written notice within 60 days before the contract expires; contract shall not exceed 5 years] I.1.7. 352.202-1 Definitions (Jan 2006) I.1.8. 352.203-70 Anti-lobbying (Jan 2006) I.1.9. 352.222-70 Contactor Cooperation in Equal Employment Opportunity Investigations (2010) I.1.10. 352.223-70 Safety and Health (Jan 2006) I.1.11. 352.239-70 Standard for Security Configurations (Jan 2010) I.1.12. 352.239-71 Standard for Encryption Language (Jan 2010) I.1.13. 352.239-72 Security Requirements for Federal Information Technology Resources (Jan 2010) I.1.14. 352.242-71 Tobacco-free Facilities (Jan 2006) I.2. CDC CLAUSES IN FULL TEXT I.2.1. Evaluation of Contractor Performance (Service) (Jan 2000) (a) Purpose In accordance with FAR 42.1502, the Contractor's performance will be periodically evaluated by the Government, in order to provide current information for source selection purposes. These evaluations will therefore be marked "Source Selection Information." (b) Performance Evaluation Period The Contractor's performance will be evaluated at least annually. (c) Evaluators The performance evaluation will be completed jointly by the COR and the Contracting officer. (d) Performance Evaluation Factors The contractor's performance will be evaluated in accordance with the attachment listed in Section J titled Performance Evaluation Report. (e) Contractor Review A copy of the evaluation will be provided to the contractor as soon as practicable after completion of the evaluation. The contractor shall submit comments, rebutting statements, or additional information to the Contracting Officer within 30 calendar days after receipt of the evaluation. (f) Resolving Disagreements Between the Government and the Contractor Disagreements between the parties regarding the evaluation will be reviewed at a level above the Contracting Officer. The ultimate conclusion on the performance evaluation is a decision of the contracting agency. Copies of the evaluation, contractor's response, and review comments, if any, will be retained as part of the evaluation. (g) Release of Contractor Performance Evaluation Information The completed evaluation will not be released to other than Government personnel and the contractor whose performance is being evaluated. Disclosure of such information could cause harm both to the commercial interest of the Government and to the competitive position of the contractor being evaluated as well as impede the efficiency of Government operations. (h) Source Selection Information Departments and agencies may share past performance information with other Government departments and agencies when requested to support future award decisions. The information may be provided through interview and/or by sending the evaluation and comment document to the requesting source selection official. (i) Retention Period The agency will retain past performance information for a maximum period of three years after completion of contract performance for the purpose of providing source selection information for future contract awards. (End of Clause) I.2.2 Non-Disclosure Agreement for Contractor and Contractor Employees (Mar 2006) (a) The contractor shall prepare and submit a Non-Disclosure Agreement (NDA) to the Contracting Officer prior to access of government information or the commencement of work at CDC. (b) The NDA made part of this clause, exhibit I and II, is required in service contracts where positions and/or functions proposed to be filled by contractor's employees will have access to non-public and procurement-sensitive information. The NDA also requires contractor's employees properly identify themselves as employees of a contractor when communicating or interacting with CDC employees, employees of other governmental entities (when communication or interaction relates to the contractor's work with the CDC), and members of the public. The Federal Acquisition Regulation (FAR) 37.114 (c), states "All contractor personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public or Congress that they are Government officials, unless, in the judgment of the agency, no harm can come from failing to identify themselves. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed." (c) The Contractor shall inform employees of the identification requirements by which they must abide and monitor employee compliance with the identification requirements. (d) During the contract performance period, the Contractor is responsible to ensure that all additional or replacement contractors' employees sign a NDA and it is submitted to the Contracting Officer prior to commencement of their work with the CDC. (e) Contractor employees in designated positions or functions that have not signed the appropriate NDA shall not have access to any non-public, procurement sensitive information or participate in government meeting where sensitive information may be discussed. (f) The Contractor shall prepare and maintain a current list of employees working under NDAs and submit to the Contracting Officer upon request during the contract period of performance. The list should at a minimum include: contract number, employee's name, position, date of hire and NDA requirement. EXHIBIT I Centers for Disease Control and Prevention (CDC) Contractor Non-Disclosure Agreement I. Non-public Information [Name of contractor] understands that in order to fulfill the responsibilities pursuant to [Contract name and number] between the Centers for Disease Control and Prevention and [Name of CDC contractor] dated [date], employees of [contractor] will have access to non-public information, including confidential and privileged information contained in government-owned information technology systems. For purposes of this agreement, confidential information means government information that is not or will not be generally available to the public. Privileged information means information which cannot be disclosed without the prior written consent of the CDC. In order to properly safeguard non-public information, [contractor] agrees to ensure that prior to being granted access to government information or the commencement of work for the CDC, whichever is applicable, all employees will sign a Non-Disclosure Agreement (NDA) provided by the CDC prior to beginning work for the CDC. Contractor agrees to submit to the contracting official the original signed copies of NDAs signed by the contractor's employees in accordance with the instructions provided by the contracting official. Failure to provide signed NDAs in accordance with this agreement and instructions provided by the contracting official could delay or prevent the employee from commencing or continuing work at the CDC until such agreement is signed and returned to the contracting official. Contractor further agrees that it will not cause or encourage any employee to disclose, publish, divulge, release, or make known in any manner or to any extent, to any individual other than an authorized Government employee any non-public information that the employee may obtain in connection with the performance of the employee's responsibilities to the CDC. II. Procurement-Sensitive Information Contractor further agrees that it will not cause or encourage any employee to disclose, publish, divulge, release, or make known in any manner or to any extent, to any individual, other than an authorized Government employee, any procurement-sensitive information gained while in connection with fulfilling the employee's responsibilities at the CDC. For purposes of this agreement, procurement-sensitive information includes, but is not limited to, all information in Statements of Work (SOW), Requests for Contract (RFC), and Requests for Proposal (RFP); Responses to RFPs, including questions from potential offerors; non-public information regarding procurements; all documents, conversations, discussions, data, correspondence, electronic mail (e-mail), presentations, or any other written or verbal communications relating to, concerning,or affecting proposed or pending solicitations or awards; procurement data; contract information plans; strategies; source selection information and documentation; offerors' identities; technical and cost data; the identity of government personal involved in the solicitation; the schedule of key technical and procurement events in the award determination process; and any other information that may provide an unfair competitive advantage to a contractor or potential contractor if improperly disclosed to them, or any of their employees. Contractor understands and agrees that employee access to any procurement-sensitive information may create a conflict of interest which will preclude contractor from becoming a competitor for any acquisition(s) resulting from this information. Therefore, if an employee participates in any discussions relating to procurement-sensitive information, assists in developing any procurement-sensitive information, or otherwise obtains any procurement-sensitive information during the course of performing duties at the CDC, contractor understands and agrees that contractor are be excluded from competing for any acquisition(s) resulting from this information. III. Identification of Non-Government Employees Contractor understands that its employees are not agents of the Government. Therefore, unless otherwise directed in writing by the CDC, contractor agrees to assist and monitor employee compliance with the following identification procedures: A. At the beginning of interactions with CDC employees, employees of other governmental entities, members of the public, or the media (when such communication or interaction relates to the contractor's work with the CDC), contractors' employees will identify themselves as an employee of a contractor. B. Contractors' employees will include the following disclosures in all written communications, including outgoing electronic mail (e-mail) messages, in connection with contractual duties to the CDC: Employee's name Name of contractor Center or office affiliation Centers for Disease Control and Prevention C. At the beginning of telephone conversations or conference calls, contractors' employees will identify themselves as an employee of a contractor. D. Contractors should not wear any CDC logo on clothing, except for a CDC issued security badge while carrying out work for CDC or on CDC premises. The only other exception is when a CDC management official has granted permission to use the CDC logo. E. Contractors' employees will program CDC voice mail message to identify themselves as an employee of a contractor. I understand that federal laws including, 18 U.S.C. 641 and 18 U.S.C. 2071, provide criminal penalties for, among other things, unlawfully removing, destroying or converting to personal use, or use of another, any public records. Contractor acknowledges that contractor has read and fully understands this agreement. Name of contractor: ___________________________________ Signature of Authorized Representative of Contractor:_________________________________ Date:________________ Copies retained by: contracting official and contractor EXHIBIT II Centers for Disease Control and Prevention (CDC) Contractors' Employee Non-Disclosure Agreement I. Non-Public Information I understand that in order to fulfill my responsibilities as an employee of [Name of CDC contractor], I will have access to non-public information, including confidential and privileged information contained in government-owned information technology systems. For purposes of this agreement, confidential information means government information that is not or will not be generally available to the public. Privileged information means information which cannot be disclosed without the prior written consent of the CDC. I [Name of Employee], agree to use non-public information only in performance of my responsibilities to the CDC. I agree further that I will not disclose, publish, divulge, release, or make known in any manner or to any extent, to any individual other than an authorized Government employee, any non-public information that I may obtain in connection with the performance of my responsibilities to the CDC. II. Procurement-Sensitive Information I further agree that unless I have prior written permission from the CDC, I will not disclose, publish, divulge, release, or make known in any manner or to any extent, to any individual other than an authorized Government employee, any procurement-sensitive information gained in connection with the performance of my responsibilities to the CDC. I specifically agree not to disclose any non-public, procurement-sensitive information to employees of my company or any other organization unless so authorized in writing by the CDC. For purposes of this agreement, procurement-sensitive information includes, but is not limited to, all information in Statements of Work (SOW), Requests for Contract (RFC), and Requests for Proposal (RFP); Responses to RFPs, including questions from potential offerors; non-public information regarding procurements; all documents, conversations, discussions, data, correspondence, electronic mail (e-mail), presentations, or any other written or verbal communications relating to, concerning, or affecting proposed or pending solicitations or awards; procurement data; contract information plans; strategies; source selection information and documentation; offerors' identities; technical and cost data; the identity of government personal involved in the acquisition; the schedule of key technical and procurement events in the award determination process; and any other information that may provide an unfair competitive advantage to a contractor or potential contractor if improperly disclosed to them, or any of their employees. I understand and agree that my access to any procurement-sensitive information may create a conflict of interest which will preclude me, my current employer, or a future employer from becoming a competitor for any resulting government acquisition derived from this information. Therefore, if I participate in any discussions relating to procurement-sensitive information, assist in developing any procurement-sensitive information, or otherwise obtain any procurement-sensitive information during the course of performing my duties at the CDC, I understand and agree that I, my current employer, and any future employer(s) are excluded from competing for any resulting acquisitions. III. Special Non-Disclosure Clause for Contractors with Access to CDC Grants Management and Procurement-Related Information Technology Systems In addition to complying with the non-disclosure requirements and safeguards stated above, I understand that my authorization to use CDC's grants management and procurement systems is strictly limited to the access and functions necessary for the performance of my responsibilities to the CDC and which have been approved in advance by the CDC. I understand that I am not authorized to enter procurement requests for any requirements pertaining to contracts or subcontracts held by me or my employer. IV. Identification as a Non-Government Employee I understand that as an employee of a government contractor, I represent an independent organization and I am not an agent of the Government. Therefore, I agree that unless I have prior written authorization from the CDC, I will, at the beginning of interactions with CDC employees, employees of other governmental entities, members of the public, or the media (when such communication or interaction relates to the contractor's work with the CDC), identify myself as an employee of a contractor. I further agree to use the following identification procedures in connection with my work at the CDC: A. I will include the following disclosures in all written communications, including outgoing electronic mail (e-mail) messages: Employee's name Name of contractor Center or office Affiliation Centers for Disease Control and Prevention B. I will identify myself as an employee of a contractor at the beginning of telephone conversations or conference calls; C. I will not wear any CDC logo on clothing, except for a CDC issued security badge while carrying out work for CDC or on CDC premises; the only other exception is when a CDC management official has granted permission to use the CDC logo. D. I will program my CDC voice mail message to identify myself as a contractors' employee. I understand that federal laws including, 18 U.S.C. 641 and 18 U.S.C. 2071, provide criminal penalties for, among other things, unlawfully removing, destroying or converting to personal use, or use of another, any public records. I acknowledge that I have read and fully understand this agreement. Name of contractor: ___________________________________ Name of Employee:___________________________ Signature of Employee:_________________________________ Date:________________ Copies retained by: contracting official, contractor, and Employee (End of Clause) SECTION J - LIST OF ATTACHMENTS • Attachment 1 - Equipment List • Attachment 2 - Questionnaire Past/Present Performance Reference • Attachment 3 - Contractor Performance Report • Attachment 4 - ACH Form SECTION K - REPRESENTATION, CERTIFICATIONS AND OTHER STATEMENT OF OFFERORS K.1 Offer shall include a completed copy of the provision at FAR Clause 52.212-3, Offeror Representations and Certifications - Commercial Items (See Section I). SECTION L - INSTRUCTIONS TO THE OFFERORS L.1. CLAUSES INCORPORATED BY REFERENCE, FAR 52.252-1(FEB 1998) L.1.1. Solicitation Provisions Incorporated by Reference (Feb 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): http://www.acquisition.gov/comp/far/index.html. L.1.2. FAR clause, 52.212-1 Solicitation Provisions Incorporated by Reference (Feb 1998); [NAICS Code: 334516] L.1.3. The proposal shall be submitted electronically via e-mail to the Contracting Officer at kfv5@cdc.gov before 4:30 pm (1630) EASTERN TIME on 9 April 2012. L.1.4. QUESTIONS DEADLINE: All questions shall be received by email (kfv5@cdc.gov) before 4:30 pm (1630) EASTERN TIME on 22 March 2012. L.1.5. All email responses to this notice must identify the RFP# in the subject line of the email. L.1.6. FAXED OR MAILED PROPOSALS AND/OR QUESTIONS WILL NOT BE CONSIDERED. L.1.7. For solicitation information call: Wikiki Henton, Contracting Officer, at 770-488-2621. L.2. PROPOSAL FORMAT L.2.1. Proposal Preparation - The technical proposal shall include a detailed description of the requirement. A successful technical proposal shall include the affirmation of the offer price (s); a Point Of Contact (name, title, email address and telephone number); a statement from the offeror verifying that they are CCR Registered under NAICS code 334516; period of performance; business size; payment terms, and the reference list for Past/Present Performance. The technical proposal shall be submitted in a file labeled "Volume 1 - Technical". The price information shall be contained in a file labeled "Volume 2 - Price". L.2.2. Technical Capability Contents - The offeror shall provide documentation (e.g., technical brochure, explanation, or any other supporting documentation) that they are an authorized manufacturer distributer/reseller. The Offeror shall demonstrate that they have manufacturer certified technical personnel to repair the laboratory equipment so that it does not void the manufacturer's warranty. The Offeror shall demonstrate that they have manufacturer certified technical personnel to handle and respond to technical questions from CDC via phone, email or internet. Volume 1 - Technical shall not exceed 35 pages including cover letters, table of contents, appendices and attachments. Offerors who submit more than 35 pages will be considered as being nonresponsive and the proposals will not be considered for award. L.2.3. Price Contents- The offeror shall submit a complete pricing matrix as indicated in Section B.1.3. Any Technical or Past/Present Performance information placed within Volume 2 - Price will not be evaluated. L.2.4. Past/Present Performance Contents: The offeror shall provide a Past/Present Performance reference list. The reference list should contain the contact information (Company Name and Address, Point of Contact (POC) Name, POC email address and phone number) for at least 3 companies the offeror currently or previously performed similar services under a contract within the past 5 years. This information be included as part of "Volume 1 - Technical". Contractor's Past/Present Performance Questionnaire shall be sent to the companies identified requesting that the Company return the Questionnaires to the Contracting Officer, Wikiki Henton, at kfv5@cdc.gov with the RFP# identified in the subject line of the email. SECTION M - EVALUATION FACTORS/CRITERIA FOR AWARD M.1. EVALUATION FACTORS M.1.1. Factor 1: Technical Capability M.1.1.1. The offeror has documented that they are an authorized manufacturer distributer/reseller. M.1.1.2. The offeror must be able to demonstrate/describe in their proposal: • Staff qualifications and experience in repairing and maintaining CTC auto samplers (Combi-Pal, Twin-Pal, GC-Pal) and cooled trays. • Ongoing training efforts to ensure that staff members are knowledgeable regarding latest updates or modifications to CTC autosamplers and cooled trays and are familiar with correcting issues most frequently reported from the field. • Agreements with CTC to acquire OEM parts and modules. • Experience in providing maintenance services for other large corporate entities. • The offeror has the ability to possess certified technical personnel to repair the laboratory equipment so that it does not void the manufacturer's warranty. • The offeror has the ability to possess certified technical personnel to handle and respond to technical questions from CDC via phone, email or internet. M.1.2. Factor 2: Price M.1.2.1 Unrealistically low or high proposed costs or prices, initially or subsequently, may be grounds for eliminating a proposal from competition, either on the basis that the offeror does not understand the requirement, or has made an unrealistic proposal. The burden of proof for credibility of proposed cost/prices rests with the offeror. M.1.2.2. The type of purchase order will be Firm Fixed-Price M.1.2.3. The Government will evaluate offers for award purposes by adding the base price plus all options to arrive to the total price for the requirement. M.1.2.4. The Offeror ability to submit a complete pricing matrix as indicated in SECTION B.1.5. M.1.3. Factor 3: Past/Present Performance M.1.3.1 Past/Present Performance Questionnaire received will be considered. M.1.3.2 The government will not consider references for work occurring before the 5-year period. M.2. EVALUATION FOR AWARD: M.2.1. 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. M.2.2. Technical and past performance, when combined, are considered to be less important than price. M.2.3. The Government will review the proposal to ensure technical capability in accordance with the requirements in Section M.1. - Evaluation Factors. M.2.4. CDC intends to make an award soon after the response date of this notice.
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Place of Performance: Address: Atlanta, Georgia, United States
Record: SN02700162-W 20120321/120319235557-03e257932ce36a6a4cbaa2c77e342201 (fbodaily.com)
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66 -- Service and Maintenance Agreement for Autosamplers and Cooling Trays - Package #1