Loren Data's SAM Daily™

FBO DAILY - FEDBIZOPPS ISSUE OF JUNE 03, 2016 FBO #5306
SOLICITATION NOTICE

R -- Purchase of Service Agreement for Automated Test Equipment

Notice Date

6/1/2016
 

Notice Type

Combined Synopsis/Solicitation
 

NAICS

541990 — All Other Professional, Scientific, and Technical Services
 

Contracting Office

Department of Homeland Security, United States Coast Guard (USCG), C4IT (C3CEN), Coast Guard Blvd, Portsmouth, Virginia, 23703, United States
 

ZIP Code

23703
 

Solicitation Number

HSCG44-16-Q-PCZ149
 

Archive Date

6/30/2016
 

Point of Contact

James A Lassiter, Phone: (757)686-2149
 

E-Mail Address

james.a.lassiter@uscg.mil
(james.a.lassiter@uscg.mil)
 

Small Business Set-Aside

N/A
 

Description

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6 as supplement with additional information in this notice. This announcement constitutes the only solicitation and no other solicitation document will be issued. This solicitation is issued as a Request for Quote number RFQ HSCG44-16-Q-PCZ149. This number is for tracking purposes only. Solicitation documents and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 05-88. The North American Industry Classification System (NAICS) is 541990. The SBA size standard is $15.0 Million. Due to this Acquisition being considered to be a Sole Source, Procurement it is not anticipated that the Contracting Officer will receive 2 or more Offers from qualified Small Business Concerns; therefore IAW FAR 19.502-2(a) This IS NOT A Small Business Set-A-Side. Substitution Service will NOT be considered for Award. The USCG Command, Control and Communication Engineering Center (C3CEN) Portsmouth, VA, intends to purchase a Hardware Service Agreement for PXI based Automated Testing Equipment manufactured by National Instruments IAW the attached Statement of Work for USCG C3CEN ERF, Baltimore, MD 21226 by awarding a Firm Fixed Price Contract for a Base Period of Performance (POP) for One Year with four options to extend services for an additional 48 months of services. See the attached Sole Source Justification. The Coast Guard does not own nor can they obtain specifications, drawings, plans or other technical data for this item. Request for drawings/specs will be disregarded. Note: The Government/USCG reserves the right to Award on an All or None Basis that is the Gov may issue a PO Contract to the Offeror that submits the lowest aggregate price rather than issue a PO Contract to each Offeror on the basis of the lowest Quotation on each item. The proposed contract action resulting from this synopsis/solicitation for commercial supplies is the Governments intention to solicit and negotiate with only one source under the authority of FAR 6.302-1 & 13.106-1(b). Interested persons/parties may identify their interest and capability to respond to the requirement or submit proposals. This notice of intent is not a request for competitive quotations/proposals. However, all quotations and proposals received will be considered by the USCG/Government. A determination by the USCG/Government not to compete with this proposed contract based upon responses to this notice is solely within the discretion of the USCG/Government. Information received will normally be considered solely for the purpose of determining whether to conduct a competitive procurement, and for informational purposes for future acquisitions. The contractor for this proposed Sole Source contract is National Instruments Corporation, Cage Code: 64667. A SAMS Contractor Verification Information search was conducted on May/26/2016 by the Contracting Officer listed below. This is considered to be a Sole Source Acquisition. All Parts are to be NEW items. Used or Refurbished items are NOT acceptable. Any Contractors that are authorized Representatives of National Instruments Corporation is encouraged to provide a Firm Fixed Price Quotation IRT this Solicitation. The USCG/Government intends to award a contract resulting from this solicitation to the responsible bidder proposal conforming to the solicitation which will be most advantageous and Best Value to the Government, price and other factors considered. *PLEASE NOTE* Interested Offeror's are to provide Firm Fixed Price Proposals with Delivery Information by Jun/10/2016 @ 11:00 AM EST. FIRM FIXED Price Proposals shall be submitted on company letterhead stationery and must include the following information: Cost Breakdown, Unit Price, Extended Price, Total Price, Payment Terms, discount offered for prompt payment, Company DUNS and Cage Code. Anticipated Award Date for the PO Contract is Jun/14/2016, this date is approximate and not exact. Please Email Your Response to: D05-SMB-C4ITSC-CPD-C3CEN-TeamS@uscg.mil INSPECTION AND ACCEPTANCE: The Contractor shall only tender for acceptance those Items that conform to the requirements of this Order/Contract. The Government/USCG reserves the right to Inspect or Test any Supplies or Services that have been tendered for Acceptance. The Government may require repair or replacement of nonconforming supplies or re-performance of nonconforming Services at no increase in contract price. If repair/replacement or re-performance will not correct the defects or is not possible, the Government/USCG may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights 2014 (1) Within a reasonable time after the defect was discovered or should have been discovered; and (2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. Final Inspection and Acceptance will be performed by Gov/USCG Authorized Personnel at the point and location of Destination as stated on the Order/Contract, unless otherwise stated on the Order/Contract. Schedule B: Maintenance, Repair and Calibration Service for National Instruments Hardware Products IAW SOW (Base & All Options Years) Line Item 1: Base Year: 1 YR - Hardware Service Agreement for PXI based Automated Testing Equipment manufactured by National Instruments, IAW SOW. Period of Performance: 12 Sep 2016 - 11 Sep 2017 ______________ Line Item 2: Option-1: 1 YR - Hardware Service Agreement for PXI based Automated Testing Equipment manufactured by National Instruments, IAW SOW. Period of Performance: 12 Sep 2017 - 11 Sep 2018 ________________ Line Item 3: Option-2: 1 YR - Hardware Service Agreement for PXI based Automated Testing Equipment manufactured by National Instruments, IAW SOW. Period of Performance: 12 Sep 2018- 11 Sep 2019________________ Line Item 4: Option-3: 1 YR - Hardware Service Agreement for PXI based Automated Testing Equipment manufactured by National Instruments, IAW SOW. Period of Performance: 12 Sep 2020 - 11 Sep 2021 ______________ Line Item 5: Option-4: 1 YR - Hardware Service Agreement for PXI based Automated Testing Equipment manufactured by National Instruments, IAW SOW. Period of Performance: 12 Sep 2021 - 11 Sep 2022 ________________ Total Cost for Line Items 1 - 5 ________________ • NOTE: The Government is not obligated nor required to Exercise the Option Periods of the Awarded Contract. The Following FAR Provisions/Clauses apply to this Solicitation: FAR 52.212-1 -- Instructions to Offerors -- Commercial Items (Apr 2014) FAR 52.212-2 -- Evaluation -- Commercial Items (Oct 2014). Award will be made to the Offeror proposing the Best Value to the Government considering specification, price, delivery, past performance and quality. FAR 52.212-3 -- Offeror Representations and Certifications -- Commercial Items (Dec 2014) to include Alt I (Dec 2014). 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. • The Following Clauses apply to this Solicitation and awarded contract. FAR 52.212-4 -- Contract Terms and Conditions -- Commercial Items (Dec 2014) FAR 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Mar 2014) FAR 52.252-2 -- Clauses Incorporated by Reference (Feb 1998), the full text of the clause may be accessed electronically at Internet address http://www.arnet.gov/far; A Data Universal Numbering System (DUNS) Number is the primary identifier in FAR 52.204-7 System for Award Management (Jul 2013). Contractors are located and identified in SAM by their DUNS number. To facilitate payment via Electronic Funds Transfer - contractors should be registered in SAM. A DUNS number can be obtained via www.dnb.com and SAM registration can be obtained via www.sam.gov • The following Clauses and others as indicated by the Contracting Officer as applicable shall apply to the awarded contract. FAR 52.222-3 -- Convict Labor (June 2003) FAR 52.222-19 -- Child Labor-Cooperation with Authorities and Remedies (Jan 2014) FAR 52.222-21 -- Prohibition of Segregated Facilities (Feb 1999) FAR 52.222-26 -- Equal Opportunity (May 2007) FAR 52.222-36 -- Affirmative Action for Workers with Disabilities (Jul 2014) (29 U.S.C. 793) FAR 52.222-50 -- Combating Trafficking in Persons (Mar 2015) FAR 52.223-18 - Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) FAR 52.225-13 -- Restriction on Certain Foreign Deliveries (Jun 2008) (E.O. 12722, 12724, 13059, 13067, 13121 and 13129) FAR 52.232-33 -- Payment by Electronic Funds Transfer--Central Contractor Registration (Jul 2013) (31 U.S.C. 3332) FAR 52.233-3 -- Protest after Award (Aug. 1996) FAR 52.233-4 -- Applicable Law for Breach of Contract Claim (OCT 2004) • The above/following clauses are incorporated by reference, entire clause(s) available at https://www.acquisition.gov/far NOTICE TO OFFERORS CONCERNING REPRESENTATIONS AND CERTIFICATIONS: This solicitation contains FAR Clause 52.204-7, System for Award Management (Jul 2013) and FAR Provision 52.204-8, Annual Representations and Certifications (Dec 2014). In accordance with FAR 4.1201 (a) Prospective contractors shall complete electronic annual representations and certifications at SAM accessed via https://www.acquisition.gov as a part of required registration. Please ensure completion prior to submission of your quote. Also note that paragraph (b) of FAR 52.204-8, applies. FAR 52.217-5 -- Evaluation of Options (Jul 1990) Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s). (End of Provision) 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items. As prescribed in 12.301(b)(4), insert the following clause: CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (MAR 2016) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) (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)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (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 (Oct 2015) (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.) __ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2015) (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. (Oct 2015) (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] __ (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. __ (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 2015) (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 2015) 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-Subcon-tracting 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 Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)). __ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)). __ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)). __ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). __ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2016) (E.O. 13126). __ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). __ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246). __ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212). __ (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 (FEB 2016) (38 U.S.C. 4212). __ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). __ (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 (OCT 2015). (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 (Oct 2015) 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 (OCT 2015) (E.O.s 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-16. __ (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 (FEB 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). __ (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)). __ (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. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] __ (1) 52.222-17, 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). __ (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 2015). __ (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)). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509). (ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $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. (iii) 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. (iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015) (v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246). (vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). (vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (viii) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212) (ix) 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. (x) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67). (xi) __(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). (xii) 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). (xiii) 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). (xiv) 52.222-54, Employment Eligibility Verification (OCT 2015) (E.O. 12989). (xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). (xvi) 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). (xvii) 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. (xviii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of clause) Alternate I (Feb 2000). As prescribed in 12.301(b)(4)(i), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to "paragraphs (a), (b), (c), or (d) of this clause" in the redesignated paragraph (d) to read "paragraphs (a), (b), and (c) of this clause." Alternate II (Mar 2016). As prescribed in 12.301(b)(4)(ii), substitute the following paragraphs (d)(1) and (e)(1) for paragraphs (d)(1) and (e)(1) of the basic clause as follows: (d)(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to- (i) Examine any of the Contractor's or any subcontractors' records that pertain to, and involve transactions relating to, this contract; and (ii) Interview any officer or employee regarding such transactions. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause, the Contractor is not required to flow down any FAR clause in a subcontract for commercial items, other than- (i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (d)(1)(ii) does not flow down; and (ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (A) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509). (B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (C) 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. (D) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (E) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246). (F) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). (G) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (H) 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. (I) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67). (J) ___(1) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627). ___(2) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627). (K) 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). (L) 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). (M) 52.222-54, Employment Eligibility Verification (Oct 2015) (Executive Order 12989). (N) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). (O) 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. (P) 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. STATEMENT OF WORK C3CEN ERF SUPPORT 1 SCOPE: Command, Control & Communications Center, Electronics Repair Faculty (ERF) has a requirement for a maintenance services agreement for warranty support of three (3) ATE (Automated Testing Equipment) PXI systems manufactured by National Instruments®. Initial coverage term is one year from awarded date with the option of three or four renewable years. Option years are not automatic and require approval from C3CEN-CL-ERF COR and the contracting officer. 2 References: (a) Electronics Manual, COMDTINST M10550.25 (b) ISO/IEC 17025:2005 or ANSL/NCSL Z540.3-2006 or later 3 Requirements: During the Term of warranty Agreement, NI will provide repair service for all products listed in the Hardware Product Schedule ("Covered Products") (see Attachment B) to the ERF and which the ERF returns to NI in accordance with the Process for Requesting Service. Repair service includes repairing anymaterial failures in the Covered Products to operate in conformance with the published specifications for such product and which failure may be reproduced by NI in normal operating conditions ("Qualified Repairs"). Repair service includes parts, labor, materials, and factory test of such Product as necessary to make a Qualified Repair. During the Service, if NI makes a determination of "No Trouble Found" ("NTF"), NI will contact Customer to discuss additional options. NI will provide one annual Compliant Calibration Service for each Covered Product identified in the Hardware Product Schedule as eligible for Compliant Calibration Service and which Customer provides to NI during the term of this Agreement in accordance with the Process for Requesting Service (Attachment A). Compliant Calibration is performed in accordance with guidelines such as ISO/IEC 17025, and provides detailed measurement data that typically includes the calibration results and a statement of measurement uncertainty. Additional services outside the scope of this service warranty agreement shall require approval through the appointed C3CEN-ERF Representative. Personnel - NI will provide their own personnel to process and repair the Covered Products list in Attachment B. Clearances - None required. Safety - All work will be conducted in a safe manner and comply promptly with all OSHA, Coast Guard and self-safety regulations, requirements and policies. Turn Around Time - Turn Around Time (TAT) is measured from the time NI receives the product at the NI Service Center to the time NI ships the product back to ERF from the service center. If during the repair process information from the ERF is required, the TAT does not include the delay from the time that ERF is contacted to when the ERF replies. TAT does not include delays beyond NI's control. Typical repair TAT is 10 working days. Working days do not include Saturdays, Sundays, or holidays in the regions where repair is performed. Store equipment - NI shall store in an appropriate location(s) protected from moisture, electro static discharges, dust, dirt and unauthorized access. Property - CG owned property will be handled in accordance with specific direction provided within C3CEN tasking the cited ECA the specification package work item or the Condition Found Report response and shall follow guidelines set forth within the Property Management Manual COMDTINST M4500.5A. Shipping - ERF will provide adequate protective packaging of CG owned Covered Products when shipping them to the appropriate NI Service Center for repair. ERF will ship the products to NI in their original or equivalent packaging, prepay shipping charges, and insure the shipment or accept the risk of loss or damage during shipment. ERF will assume responsibility for all costs of shipping the hardware to NI for repair service using the shipper and method of its choosing. NI will pay to ship the Covered Products back to Customer. NI is responsible for delivering hardware to the freight forwarder. NI will insure the shipment or accept the risk of loss or damaged during shipment back to the ERF. Upgrades and ECOs - During the repair process, NI may upgrade Covered Products in revision and have engineering change orders (ECOs) applied. Some upgrades are performed automatically for critical performance reasons as required by the NI Research & Development department. Non-critical performance ECOs may be applied at the discretion of NI. Any revision upgrades and ECOs that NI performs during the process of repairing the Covered Product are included in the price of the repair fee. ERF may not opt out of any ECO upgrade that NI deems necessary. Reporting -NI shall provide a report of the following findings and repairs made to CG owned Covered Products under warranty. NI will provide Calibration certificates in the form of adhesive sticker(s) and paper copies in accordance with ISO 17025. Quality Assurance - NI shall ensure the quality of services delivered to accomplish repair and when applicable calibration. General SOVT: N/A Coordination: A appointed ERF Representative(s) will have approval authority for each request for services requested under this agreement. POC's: Mark Wade (Technical), 410-762-6676, Kim Lewis (Administrative), 410-762-6678. PROCESS FOR REQUESTING SERVICE - A ERF Representative will use the following procedure, (Attachment A) to request warranty services from NI. ATTACHMENT A PROCESS FOR REQUESTING SERVICE Contacting the NI Hardware Service Support Coordinator Phone: (800) 206-5503 (USA) Email: hardware.services@ni.com NI Process Step 1: Obtain a Return Material Authorization (RMA) Before returning any products to NI for Service, Customer must obtain an RMA number from NI. An RMA number must be issued whether or not the repair is covered by this Service Agreement. Call or email the Hardware Services Support Coordinator. Please be ready to provide the applicable Agreement Number. The Hardware Services Support Coordinator will issue the RMA number and provide specific instructions for Customer to return the product for Service. Step 2: Return Covered Product to NI Before returning the Covered Products to NI for service, Customer should: 1. Make and keep a separate backup copy of any application software and data; 2. Disable any security passwords; 3. Remove any confidential information; 4. Remove any non-NI equipment from the Covered Product; 5. Securely package Covered Products in their original or equivalent packaging; 6. Label the package to the attention of the Hardware Services Support Coordinator; and 7. Ship to the designated NI Service Center for Repair, including prepaying shipping charges and insuring the shipment. Note: Per Section 3.2, NI is not responsible for non-NI equipment that must be removed from the Covered Products in order for NI to diagnose and repair the Covered Products nor is NI responsible for lost or corrupted data, damaged or lost media, or the Customer's confidential, proprietary or personal information. Step 3: NI Repairs and/or Services the Covered Product Once the Covered Product is received by NI, NI will take the steps as outlined below to repair or service such Product. The actual steps and order may vary dependent on a variety of factors, such as which Covered Product is being repaired, the repairs required, what services are being provided, if factory testing is required, calibration level purchased, and/or information needed from the Customer. NI will: 1. Enter the information regarding the Covered Product into the NI systems, referencing the RMA number; 2. Perform Factory Test, if required or requested by Customer; 3. Troubleshoot and/or determine if the Covered Product is Non-Repairable or Non-Defective; 4. Make repairs as necessary; 5. Contact the Customer for additional information, if required, or notify them if the Product is Non-Repairable or Non-Defective; 6. Upgrade the Covered Product in revision and apply any engineering change orders (ECOs); 7. Provide factory calibration for Covered Products, if available and/or applicable; 8. Securely package Covered Products in their original or equivalent packaging; and 9. Return the Covered Product to the Customer, along with the standard Repair Report. Attachment B Covered Products List: PX-01 960680-100 NI Standard Service Program for Hardware SN HA6710380, V08X14BFE PXIE-1065 Does not require calibration SN: V08X14BFE 960680-100 NI Standard Service Program for Hardware Includes coverage for repair service PXI-8135 does not require calibration SN: 304D786 960680-102 NI Standard Service Program for Hardware with Compliant Option - Includes coverage for repair and compliant calibration services SN: 16D0675 960453-03 Compliant Calibration for NI Precision Source For SN 16D0675 - PXI-4110 960680-102 NI Standard Service Program for Hardware with Compliant Option - Includes coverage for repair and compliant calibration services SN: F0B122 960450-03 Compliant Calibration for NI Digital Multimeter For SN F0B122 PXI-4072 960680-100 NI Standard Service Program for Hardware Includes coverage for repair service SN F13E06 PXI-2531 - does not require calibration SN: F13E06 960680-100 NI Standard Service Program for Hardware Includes coverage for repair service SN F3E427 PXI-2531 does not require calibration 960680-102 NI Standard Service Program for Hardware Includes coverage for repair and compliant calibration services SN: EDAE6C 960454-03 Compliant Calibration for NI Signal Generator For SN EDAE6C - PXI-5412 960680-102 NI Standard Service Program for Hardware with Compliant Option - Includes coverage for repair and compliant calibration services SN: 1A889F6 960454-03 Compliant Calibration for NI Signal Generator For SN 1A889F6 PXI-5412 960680-102 NI Standard Service Program for Hardware Includes coverage for repair and compliant calibration services SN: 16E6E7A 960453-03 Compliant Calibration for NI Precision Source For SN 16E6E7A PXI-4110 960680-100 NI Standard Service Program for Hardware Includes coverage for repair service PXI-6537 does not require calibration Contact Customer Service for Availability SN: 1A3D59B 960680-102 NI Standard Service Program for Hardware Includes coverage for repair and compliant calibration services SN: F19928 960454-03 Compliant Calibration for NI Signal Generator For SN F19928 PXI-5422 960680-102 NI Standard Service Program for Hardware Includes coverage for repair and compliant calibration services SN: EB6EC5 960452-03 Compliant Calibration for NI Digitizer For SN EB6EC5 PXI-5122 960680-102 NI Standard Service Program for Hardware Includes coverage for repair and compliant calibration services SN: EB133A 960450-03 Compliant Calibration for NI Digital Multimeter For SN EB133A PXI-4071 PXI-02 for items below 960680-100 NI Standard Service Program for Hardware PXI-1065 does not require calibration SN: 170BC91 PXIE-8133 SN 16FD5C4 IS OBSOLETE - HARDWARE SERVICES NOT AVAILABLE 960680-102 NI Standard Service Program for Hardware with Compliant Option - Includes coverage for repair and compliant calibration services Contact Customer Service for Availability SN: 151586F 960453-03 Compliant Calibration for NI Precision Source For PXI-4110 SN 151586F 960680-102 NI Standard Service Program for Hardware with Compliant Option - Includes coverage for repair and compliant calibration services Contact Customer Service for Availability SN: F0B102 960450-03 Compliant Calibration for NI Digital Multimeter For SN F0B102 PXI-4072 960680-100 NI Standard Service Program for Hardware Includes coverage for repair service PXI-2531 does not require calibration Contact Customer Service for Availability SN: EED658 960680-100 NI Standard Service Program for Hardware Includes coverage for repair service PXI-2531 does not require calibration Contact Customer Service for Availability SN: F3BD97 960680-102 NI Standard Service Program for Hardware with Compliant Option - Includes coverage for repair and compliant calibration services Contact Customer Service for Availability SN: ED9380 960454-03 Compliant Calibration for NI Signal Generator For SN ED9380 PXi-5412 960680-102 NI Standard Service Program for Hardware with Compliant Option - Includes coverage for repair and compliant calibration services Contact Customer Service for Availability SN: ED97EA 960454-03 Compliant Calibration for NI Signal Generator For SN ED97EA PXI-5412 960680-102 NI Standard Service Program for Hardware with Compliant Option - Includes coverage for repair and compliant calibration services Contact Customer Service for Availability SN: 1515874 960453-03 Compliant Calibration for NI Precision Source For SN 1515874 PXI-4110 960680-100 NI Standard Service Program for Hardware Includes coverage for repair service PXI-6537 does not require calibration Contact Customer Service for Availability SN: 156CD71 960680-102 NI Standard Service Program for Hardware with Compliant Option - Includes coverage for repair and compliant calibration services SN: F19771 960454-03 Compliant Calibration for NI Signal Generator For SN F19771 PXI-5422 PXI-03 - lines below 960680-100 NI Standard Service Program for Hardware Includes coverage for repair service PXIE-1065 does not require calibration Contact Customer Service for Availability SN: 309E4F4 NI PXIe-8130 Controller¿..133EB53 Obsolete H/W SERVICE NOT AVAILABLE 960680-102 NI Standard Service Program for Hardware with Compliant Option - Includes coverage for repair and compliant calibration services Contact Customer Service for Availability SN: 1A96107 960453-03 Compliant Calibration for NI Precision Source For SN 1A96107 PXI-4110 960680-102 NI Standard Service Program for Hardware with Compliant Option - Includes coverage for repair and compliant calibration services Contact Customer Service for Availability SN: 1A84133 960450-03 Compliant Calibration for NI Digital Multimeter For SN 1A84133 PXI-4072 Standard Delivery time: 5 - 10 business days 960680-100 NI Standard Service Program for Hardware Includes coverage for repair service PXI-2531 does not require calibration Contact Customer Service for Availability SN: F13E06 960680-100 NI Standard Service Program for Hardware Includes coverage for repair service PXI-2531 does not require calibration Contact Customer Service for Availability SN: EE113C 960680-102 NI Standard Service Program for Hardware with Compliant Option - Includes coverage for repair and compliant calibration services Contact Customer Service for Availability SN: 1A99350 960454-03 Compliant Calibration for NI Signal Generator For SN 1A99350 PXI-5412 960680-102 NI Standard Service Program for Hardware with Compliant Option - Includes coverage for repair and compliant calibration services Contact Customer Service for Availability SN: F1629E 960454-03 Compliant Calibration for NI Signal Generator For SN F1629E PXI-5412 960680-102 NI Standard Service Program for Hardware with Compliant Option - Includes coverage for repair and compliant calibration services Contact Customer Service for Availability SN: 1A87B3A 960453-03 Compliant Calibration for NI Precision Source For SN 1A87B3A PXI-4110 960680-100 NI Standard Service Program for Hardware Includes coverage for repair service PXIE-6537 does not require calibration Contact Customer Service for Availability SN: 1821E26 960680-102 NI Standard Service Program for Hardware with Compliant Option - Includes coverage for repair and compliant calibration services Contact Customer Service for Availability SN: EB0787 960454-03 Compliant Calibration for NI Signal Generator For SN EB0787 PXI-5442 SIMPLIFIED ACQUISITION PROCEDURES (SAP) Sole Source Justification PURCHASE REQUEST OR REQUISITION NUMBER PROJECT/TASK NUMBER ESTIMATED AMOUNT PR#21-16-446PCZ149 _______________________ BRIEF DESCRIPTION OF SUPPLIES OR SERVICES REQUIRED, AND THE INTENDED USE: The U.S. Coast Guard C3CEN ERF has a requirement, on a sole source basis, for continued warrantee coverage for U.S. Coast Guard owned PXI based Automated Testing Equipment (ATE) manufactured by National Instruments Inc. The PXI based ATE by N.I. Inc. is used in support of centralized depot testing and fault finding analysis on a wide array of U.S. Coast Guard owned electronic circuit cards used in Navigation, Communications and Propulsion Control systems. It is intended to award a requirements contract for a base year and three or four optional one-year terms to National Instruments Inc. for continued warrantee coverage. This purchase provides repair, replacement and calibration for both past and recently purchased National Instruments PXI hardware, as well as for the hardware we obtained from LSU via property transfer. UNIQUE CHARACTERISTICS THAT LIMIT AVAILABILITY TO ONLY ONE SOURCE, WITH THE REASON NO OTHER SUPPLIES OR SERVICES CAN BE USED: National Instruments® is the OEM for CG owned PXI equipment. Schematics, diagnostic procedures, imbedded firmware and the software required to access imbedded firmware for diagnoses is extremely complex, encrypted and proprietary to which the CG does not have right or access to. REASON THAT SUGGESTED SOURCE IS THE ONLY SOURCE WHICH CAN PROVIDE THE SUPPLIES OR SERVICES: National Instruments is the only known proprietor that owns the rights to their manufactured systems and diagnostic equipment. The Coast Guard does not have the rights to share this information with other commercial entities. EXPLAIN WHY AN ADEQUATE PURCHASE DESCRIPTION OR OTHER INFORMATION SUITABLE TO SOLICIT BY FULL AND OPEN COMPETITION HAS NOT BEEN DEVELOPED OR ARE NOT AVAILABLE: The material technical specifications and supplementary data are proprietary to the OEM and cannot be provided to other manufacturers, which eliminates any opportunities for full and open competition. The PXI based ATE System is critical to U.S. Coast Guard depot level electronics repair. Changes in design could lead to system malfunctions and negative impact to centralized depot repair operations. This purchase reduces the "downtime" of our state of the art, automated electronics test system to the lowest level possible while ensuring that all components of this system are in current calibration. This service agreement is the one best action we can take to provide the U.S. Coast Guard fleet with high quality circuit card testing in a smooth, uninterrupted manner.. PROVIDE A STATEMENT OF ACTIONS, IF ANY, THE GOVERNMENT MAY TAKE TO REMOVE OR OVERCOME ANY BARRIERS TO COMPETITION BEFORE FUTURE ACQUISITIONS ARE REQUIRED: Recommend no actions be taken at this time to overcome barriers barring full and open competition. The National Instruments PXI System replaces older, legacy systems for which support is no longer commercially available SIGNATURE AND TITLE OF CUSTOMER CODE TELEPHONE NUMBER DATE Anthony Kritsings 26May 26, 2016 SIGNATURE OF CONTRACTING OFFICER CODE TELEPHONE NUMBER DATE James A. Lassiter 26 May 2016
 

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