Thermo Fisher Instruments Maintenance

Combined Synopsis/Solicitation 
»Thermo Fisher Instruments Maintenance«
SOLE SOURCE to THERMO ELECTRON NORTH AMERICA, INC.

(i)    This is a combined synopsis/solicitation for the acquisition of commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this announcement. This announcement constitutes the only solicitation; a written solicitation will not be issued. 

(ii)    Solicitation Number: FA8227-22-Q-THER
This solicitation is issued as a request for quotation (RFQ). 

(iii)    This solicitation document and incorporated provisions and clauses are in effect through Federal Acquisition Circular 2022-06.

(iv)    Contracting Officer's Business Size Selection    Sole Source
NAICS Code    811219
Small Business Size Standard    $22 Million
  
(v)     CLIN    Nomenclature    UI    QTY
0001    Thermo Fisher ESSENTIAL SERVICE PLAN ~ ION CHROMATOGRAPHY PROD, KIT, CD, INTEGRION, ITGN 19090153 AS-AP Autosampler 19081005 PROD,INTEGRION, RFIC, DEGAS, OVEN 19080679    EA    1
0002    CDRLs (3)         

(vi)    Description of  item(s) to be acquired:

This requirement is to provide all management, tools, supplies, equipment, and labor necessary to service, repair, maintain and calibrate the Integrion Ion Chromatograph S/N 19080679 and the AS/AP Autosampler S/N 19081005. The contractor shall provide preventive maintenance services to ensure the systems remain in operable condition. 

(vii)    Period of Performance and place:

•    Place: Hill Air Force Base, Utah
•    PoP: 1 Year After Date of Agreement plus four (4) option years (est. September 2022  - September 2027)
•    FOB Destination delivery terms shall apply to all orders.

(viii)    The provision at 52.212-1, Instructions to Offerors -- Commercial, applies to this acquisition. Offers are due by 1500 MT, 27 June, 2022, via electronic mail to Lesta Simmons by email at lesta.simmons@us.af.mil 
a.    Provide Cage code when submitting offer.
b.    All offerors must submit work summary and history identical or equivalent to the work requested in this requirement.

(ix)    FAR 52.212-2, Evaluation -- Commercial Items
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

                (i) Price
(ii) Technically Acceptable with the ability to comply with the Performance-Based Work Statement provided within this solicitation package (explain capability and history of identical/similar work

(b) Evaluation is Lowest Price Technically Acceptable (LPTA) basis. All offers will be evaluated on their proposed Total Price. The contract will be awarded to the company with lowest price, which also fully meets all specifications. Only the lowest priced proposal will be evaluated for technical acceptability (to be based on the specifications outlined in the CLIN descriptions, performance-based work statement, and the required delivery timeframe of 8 Weeks ADC). The next lowest offer will only be evaluated if the aforementioned offer is not found technically acceptable (and so on). Only one award will be made under this solicitation.  Award will be conducted under the provisions of FAR Part 12, Commercial Items, and FAR 13, Simplified Acquisition Procedures. Submit only written offers; oral offers will not be accepted. All firms or individuals responding must be registered with the System for Award Management (SAM).  

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(x)    Offerors shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications -- Commercial Items, with its offer.

(xi)    The clause at 52.212-4, Contract Terms and Conditions -- Commercial Items applies to this acquisition and a statement regarding any addenda to the clause.

(xii)    DFARS 252.203-7994  PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS—REPRESENTATION (DEVIATION 2017-O0001)(NOV 2016)
    (a)  In accordance with Continuing Appropriations Act, 2017 (Pub. L. 114-223), or any other Act that extends to fiscal year 2017 funds the same prohibitions as contained in section 743, division E, title VII, of the Consolidated Appropriations Act, 2016 (Pub. L. 114-113), none of  the funds appropriated (or otherwise made available) by this or any other Act may be used for a contract with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.
(b)  The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. 
    (c)  Representation.  By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(xiii)    DFARS 252.203-7995  PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS (DEVIATION 2017-O0001)(NOV 2016)
(a)  The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.
    (b)  The Contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.  
    (c)  The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. 
    (d)(1)  Use of funds appropriated (or otherwise made available) by the Continuing Appropriations Act, 2017 (Pub. L. 114-223), or any other Act that extends to fiscal year 2017 funds the same prohibitions as contained in section 743, division E, title VII, of the Consolidated Appropriations Act, 2016 (Pub. L. 114-113) may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.  
         (2)  The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause. 
(End of clause)

OTHER FAR CLAUSES AND PROVISIONS

52.202-1    Definitions.
52.203-13     Contractor Code of Business Ethics and Conduct 
52.203-15    Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 
52.204-7    System for Award Management
52.204-10     Reporting Executive Compensation and First-Tier Subcontract Awards
52.204-13    System for Award Management Maintenance
52.204-16    Commercial and Government Entity Code Reporting
52.204-18     Commercial and Government Entity Code Maintenance
52.204-19    Incorporation by Reference of Representations and Certifications
52.209-6     Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment
52.209-10    Prohibition on Contracting with Inverted Domestic Corporations
52.211-6    Brand Name or Equal
52.219-4    Notice of Price Evaluation Preference for HUB Zone Small Business Concerns.
52.219-6    Notice of Total Small Business Set-Aside
52.219-28    Post-Award Small Business Program Representation
52.222-3       Convict Labor
52.222-19    Child Labor—Cooperation with Authorities and Remedies
52.222-21     Prohibition of Segregated Facilities
52.222-26     Equal Opportunity
    52.222-35         Equal Opportunity for Veterans
    52.222-36         Equal Opportunity for Workers with Disabilities
52.222-37     Employment Reports on Veterans
52.222-41    Service Contract Labor Standards
52.222-50    Combating Trafficking in Persons
52.223-18     Encouraging Contractor Policies to Ban Text Messaging While Driving
52.225-13     Restrictions on Certain Foreign Purchases 
52.225-25    Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran--Representation and Certifications.
52.232-8    Discounts for Prompt Payment
52.232-23     Assignment of Claims
52.232-33     Payment by Electronic Funds Transfer—System for Award Management
52.232-39    Unenforceability of Unauthorized Obligations.
52.232-40    Providing Accelerated Payments to Small Business Subcontractors.
52.233-1    Disputes
52.233-3     Protest After Award
52.233-4     Applicable Law for Breach of Contract Claim
52.243-1        Changes--Fixed Price
52.244-6        Subcontracts for Commercial Items.
52.247-34     F.O.B. Destination
52.252-1         Solicitation Provisions Incorporated by Reference
252.203-7000     Requirements Relating to Compensation of Former DoD Officials
252.203-7002    Requirement to Inform Employees of Whistleblower Rights
252.203-7003    Agency Office of the Inspector General
252.203-7005     Representation Relating to Compensation of Former DoD Officials
252.204-7008    Compliance with Safeguarding Covered Defense Information Controls
252.203-7994    Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements Representation (DEVIATION 2017-00001)(NOV 2016)
252.204-0001    Line Item Specific: Single Funding
252.240-7003    Control of Government Personnel Work Product
252.204-7004    Alternate A, System for Award Management
252.204-7006    Billing Instructions.
252.204-7008     Compliance with Safeguarding Covered Defense Information Controls
252.204-7012    Safeguarding Covered Defense Information and Cyber Incident Reporting.
252.204-7015    Notice of Authorized Disclosure of Information for Litigation Support     
252.211-7003    Item Identification and Valuation
252.213-7000    Notice to Prospective Suppliers on Use of Past Performance Information Retrieval System—Statistical Reporting in Past Performance Evaluations.
252.232-7003    Electronic Submission of Payment Requests and Receiving Reports.
252.204-7004    Alternate A, System for Award Management
252.232-7003    Electronic Submission of Payment request and Receiving reports
252.232-7006    Wide Area WorkFlow Payment Instructions
252.223-7008    Prohibition of Hexavalent Chromium
252.232-7010     Levies on Contract Payments
252.243-7001     Pricing of Contract Modifications
252.244-7000     Subcontracts for Commercial Item
252.246-7003    Notification of Potential Safety Issues
252.247-7023     Transportation of Supplies by Sea    
5352.223-9001     Health and Safety on Government Installations
5352.242-9000     Contractor Access to Air Force Installations
5352.201-9101    Ombudsman
(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official.
Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the interested party to another official who can resolve the concern.    
(b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMBC A-76 competition performance decisions). 
(c) If resolution cannot be made by the contracting officer, the interested party may contact the Center ombudsmen, Melinda M. Schmidt; Hill Ombudsman/Copetition Advocate; Melinda.schmidt@us.af.mil, 801-777-6549; OL_H AFSC/PZC. Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU or AFISRA level, may be brought by the interested party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (571) 256-2397, facsimile number (571) 256-2431. 
(d) The ombudsman has no authority to render a decision that binds the agency. 
(e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the Contracting Officer 
(End of clause)

(ix)    Additional Contract Requirement or Terms and Conditions:
N/A

(x)    Defense Priorities and Allocations System (DPAS): 
N/A

(xi)    Proposal Submission Information:
All questions or comments must be sent Lesta Simmons by email at lesta.simmons@us.af.mil, NLT 1500 MT, 21 June, 2022. Offers are due by, 1500 MT, 27 June, 2022, via electronic mail to lesta.simmons@us.af.mil 

(xii)    For additional information regarding the solicitation contact Hideo Mera at hideo.mera.2@us.af.mil or Lesta Simmons at lesta.simmons@us.af.mil   

(xiii)    Notice to Offerors: 
The Government reserves the right to cancel this solicitation, either before or after the closing date.  In the event the Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs.

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE
This solicitation 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):

Acquisition.GOV

FAR 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS 
(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of"(DEVIATION)" after the date of the provision.
(b) The use in this solicitation of any DEFENSE FEDERAL ACQUISITION REGULATION (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.-

FAR 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES 
(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 Defense Federal Acquisition Requisition Supplement (48 CFR Chapter 2 clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

Attachments:
•    Performance-Based Work Statement (PWS) 
•    CDRLs (3) three total