ANP Technologies NIDS Assays and Sampling Kits
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. The solicitation is Combined Synopsis/Solicitation number 70FA2020Q00000026. Provisions and clauses in effect tough Federal Acquisition Circular 2020-06 are incorporated. It is the contractor’s responsibility to be familiar with the applicable clauses and provisions. The clauses may be accessed in full text at these addresses: https://www.acquisition.gov/ or http://farsite.hill.af.mil/. The NAICS code is 334516- Analytical laboratory equipment manufacturing, with a small business size of 1000 employees. This acquisition is full and open. During market research, two or more small businesses were not identified. Submit email quotes (using PDF, MS Word or Excel attachments) to Laura Harshbarger at laura.harshbarger@fema.dhs.gov. Quotes are due no later than 12:00 PM EST, 08 June 2020. The Federal Emergency Management Agency requests quotes from qualified sources capable of providing ANP Technologies 8 each 5L-001-20PK NIDS Multiplexed Handheld Immunocomatographic Assays and 60 each SK-001 NIDS Sampling Kit for Surfaces and Powders (brand name only) as detailed below. A brand name only acquisition is supported by the rationale contained in the attached Sole Source Justification, brand name only. The successful bidder must be authorized by the manufacturer to distribute the items specified herein. All terms, conditions, requirements, clauses and provision herein shall apply to this combined synopsis/solicitation. All offerors shall submit a quote for all the following. PRICE/COST SCHEDULE: ITEM DESCRIPTION OF QTY UNIT UNIT AMOUNT NO. SUPPLIES/SVCS PRICE 0001 8.00 EACH ____________ _______________ NIDS 5-Plex 1 Assay, PN 5L-001-20PK 0002 60.00 EACH ____________ _______________ NIDS Sampling Kit, SK-001 Price must include shipping and handling, FOB destination. If shipping cost is additional, please be sure to include any applicable shipping cost to the quote as delivered to Anniston, AL. DELIVERY SCHEDULE: ITEM NUMBER QUANTITY DELIVERY 0001 8.00 90 Days ARO 0002 60.00 90 Days ARO PLACE OF DELIVERY: DHS/FEMA Center for Domestic Preparedness (CDP) 40 Twill Lane Anniston, AL 36205 ATTN: Monica Sheffield All applicable manufacturer commercial warranties shall be valid for all products. TYPE OF CONTRACT: The Government contemplates award of a Firm Fixed Price contract resulting from this combined synopsis/solicitation. PROVISIONS AND CLAUSES: FAR 52.212-1, Instructions to Offerors---Commercial Items, apply to this acquisition with the exception of (d), (h), and (i) of the clause, which are RESERVED; 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: See EVALUATION FACTORS FOR AWARD below. FEMA intends to award one Firm Fixed Price Purchase Order based on Low Priced Technically Acceptable (LPTA). Evaluation of price will be based on the offeror's aggregate price for all supplies or services as required above. Factor 1 - Technically Acceptable means offeror provides all the equipment and materials as specified herein. All items shall be quoted; incomplete quotes may not be considered. This is an "All or Nothing" acquisition. This is a Brand Name Only requirement. All items shall be from ANP Technologies. No other brand is acceptable. Offeror shall include their estimated delivery time after receipt of award (ARO). Factor 2 - Price, inclusive of any shipping costs for delivery to Anniston, AL (36205), shall be evaluated. Award will be made on the basis of the lowest evaluated price of the quote meeting or exceeding the Factor 1. Past performance is not an evaluation factor for this acquisition. The offeror’s initial quote shall contain the offeror’s best terms from a total price (including any applicable shipping costs) and technical standpoint. The Government intends to evaluate quotes and award a purchase order without discussions, but reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government reserves the right to make no award as a result of this solicitation. FAR 52.212-3, Offeror Representations and Certifications-Commercial Items; FAR 52.212-4, Contract Terms and Conditions---Commercial Items; FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items. In compliance with said clause, the following FAR clauses apply: 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards; 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; 52.222-36, Affirmative Action for Handicapped Workers with disabilities; 52.222-50, Combating Trafficking in Persons; 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving; 52.224-3, Privacy Training; 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act; 52.225-13, Restrictions on Certain Foreign Purchases; 52.232-33, Payment by Electronic Funds Transfer-System for Award Management. FAR 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications; HSAR 3052.212-70, Contract Terms and Conditions Applicable to DHS Acquisition of Commercial Items. In compliance with said clause, the following FAR clauses apply: 3052.247-72, F.o.B. Destination Only. FAR 52.252-2, Clauses Incorporated By Reference This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://www.acquisition.gov/far/index.html http://farsite.hill.af.mil/ NOTICE OF FILING REQUIREMENTS FOR AGENCY PROTESTS A. Preface Prior to submission of an agency protest, all parties must use their best efforts to resolve concerns raised by an interested party. FEMA offers, as an option for dispute resolution, Alternative Dispute Resolution (ADR). ADR in an informal, expeditious and inexpensive way to resolve contract issues and is designed to promote satisfying solutions and fair procedures. For more information on FEMA's ADR services, please contact FEMA's ADR office at the following address: Federal Emergency Management Agency Alternative Dispute Resolution Division FEMA Office of Chief Counsel 400 Virginia Avenue, SW Washington, DC 20472-3400 If concerns cannot be resolved, protesters may use these procedures when a resolution is requested from the agency. These procedures have been designed to create an avenue for resolving third party grievances in connection with the acquisition process outside of formal processes tough the Government Accountability Office (GAO) and the United States Court of Federal Claims (CFC). Filing an agency protest is not a prerequisite to filing at the GAO or CFC. If the protester files a protest tough the GAO or CFC while their protest is pending at the agency level, FEMA may dismiss the agency protest. Pursuing an agency protest does not extend the time for obtaining a stay at GAO. These procedures are in addition to the existing protest procedures contained in FAR Subpart 33.103. B. Definitions. (1) "Agency protest," as used in this Synopsis/Solicitation, is one that may be filed with either the Contracting Officer or the officer responsible for the resolution of all agency protests filed at the level above the Contracting Officer. (2) "Ombudsman," as used in this Synopsis/Solicitation, is the agency official above the level of the Contracting Officer designated by the Director of the Acquisition Management Division to handle and issue the formal agency decision resolving the protest. Protesters using these procedures may protest directly to the Ombudsman. (3) "Day," as used in this Synopsis/Solicitation, is a calendar day. In computing a period of time for the purpose of these procedures, the day from which the period begins to run is not counted. When the last day of the period is a Saturday, Sunday or a Federal holiday, the period extends to the next day that is not a Saturday, Sunday or a Federal holiday. Similarly, when the Washington, DC offices of FEMA are closed for all or part of the last day, the period extends to the next day on which the Agency is open. C. Submission Guidelines. (1) Agency protests may be filed tough the Contracting Officer or, at the level above the Contracting Officer, tough the Ombudsman either by FAX transmission or by "Certified Mail" (Return Receipt Requested) as follows: a. Protests filed tough the Contracting Officer or the Ombudsman must be mailed or faxed to: James Suerdieck, Department of Homeland Security/FEMA Acquisition Preparedness Branch Building D 16825 South Seton Avenue Emmitsburg, MD 21727 FAX: 301-447-1092 -OR- DHS/FEMA David Orris, Ombudsman 16825 S. Seton Ave, D-123 Emmitsburg, MD 21727 FAX: 301-447-1092 b. The outside of the envelope or beginning of the FAX transmission must be marked "Agency Protest". c. If the protester submits the protest directly tough the Ombudsman, the protester must also, within one (1) day of submitting the protest to the Ombudsman, submit a copy of the protest to the responsible Contracting Officer either by FAX transmission or by "Certified Mail" (Return Receipt Requested). (2) To be filed on a given day, protests and any subsequent appeals must be received by 4:30 PM, current-local time. Any protests received after that time will be considered to be filed on the next day. (3) Protest submissions will not be considered filed until all of the following information is provided: a. the protester's name, address, telephone number and fax number; b. the solicitation or contract number; c. a detailed statement of all factual and legal grounds for protests, to include an explanation of how the protester was prejudiced; d. copies of relevant documents; e. a request for ruling by the agency; f. a statement detailing the form of relief requested; g. all information establishing that the protester is an interested party for the purposes of filing a protest; and h. all information establishing the timeliness of the protest. (4) All protests must be signed by an authorized representative of the protester, and must be addressed to the Contracting Officer or the Ombudsman. D. Timeliness/Resolution of Protests. (1) Protests based upon alleged improprieties in a solicitation which are apparent prior to bid opening or the time set for receipt of initial proposals shall be filed prior to bid opening or the time set for receipt of initial proposals. In procurements where proposals are requested, alleged improprieties which do not exist in the initial solicitation but which are subsequently incorporated into the solicitation must be protested not later than the next closing time for receipt of proposals following the incorporation. (2) Protests other than those covered by paragraph (1) of this section shall be filed not later than 10 days after the basis of protest is known or should have been known (whichever is earlier), with the exception of protests challenging a procurement conducted on the basis of competitive proposals under which a debriefing is requested and, when requested, is required. In such cases, with respect to any protest basis which is known or should have been known either before or as a result of the debriefing, the initial protest shall not be filed before the debriefing date offered to the protester, but shall be filed not later than 10 days after the date on which the debriefing is held. (3) Protests filed tough the Contracting Officer. a. Within twenty (20) days after the protest is filed tough the Contracting Officer, the Contracting Officer will send a written ruling and a summary of the reasons supporting the ruling to the protester by "Certified Mail (Return Receipt Requested)". b. Appeals i. Protesters who filed protests tough the Contracting Officer may, within five (5) days of receipt of the Contracting Officer's written ruling, appeal to the Ombudsman. ii. Requests for Appellate Review must be submitted to the Ombudsman by FAX transmission or by "Certified Mail" (Return Receipt Requested). iii. The Ombudsman will send a written ruling and a summary of the reasons supporting the ruling to the protester by "Certified Mail (Mail Receipt Requested)" within ten (10) days of receipt of the request for appellate review of the Contracting Officer's decision. iv. In accordance with FAR 33.103(d)(4) and 4 C.F.R 21.2(a)(3), if there is an agency appellate review of the Contracting Officer's decision on the protest, it will not extend GAO'S timeliness requirements. Therefore, any subsequent protest to the GAO must be filed within ten (10) days of knowledge of initial adverse agency action. (4) Protests filed tough the Ombudsman: a. If the protester protests directly tough the Ombudsman, the Ombudsman will send a written ruling and a summary of the reasons supporting the ruling to the protester by "Certified Mail (Mail Receipt Requested)" within thirty-five (35) days after the protest was filed. b. Protests filed directly tough the Ombudsman cannot be appealed within the agency. E. Dismissal of Protests. The agency may dismiss protests when protesters file protests tough the GAO or CFC while their protests are pending at the agency level; and for failure to comply with any of the requirements of these agency protest procedures. For example, the agency may dismiss protests that are procedurally or substantively defective (e.g., the protest is untimely or the protest fails to clearly state legally sufficient grounds of protest). CONFIDENTIALITY OF INFORMATION (a) To the extent that the work under this contract requires that the Contractor be given access to sensitive or proprietary business, technical, or financial information belonging to the Government or other companies, the Contractor shall, after receipt thereof, treat such information as confidential and not appropriate such information to its own use or disclose such information to third parties unless specifically authorized by the Contracting Officer in writing. The foregoing obligations, however, shall not apply to information that-- (1) At the time of receipt by the Contractor, is in the public domain (2) Is published by others after receipt thereof by the Contractor or otherwise becomes part of the public domain tough no fault of the Contractor (3) The Contractor can demonstrate was already in its possession at the time of receipt thereof and was not acquired directly or indirectly from the Government or other companies (4) The Contractor can demonstrate was received by it from a third party that did not require the Contractor to hold it in confidence. (b) The Contractor shall obtain from each employee permitted access a written agreement, in a form satisfactory to the Contracting Officer, that he/she will not discuss, divulge or disclose any such information or data to any person or entity except those persons within the Contractor's organization or the Government directly concerned with the performance of the contract. NARA RECORDS MANAGEMENT LANGUAGE FOR CONTRACTS The following standard items relate to records generated in executing the contract and should be included in a typical Electronic Information Systems (EIS) procurement contract: 1. Citations to pertinent laws, codes and regulations such as 44 U.S.C chapters 21, 29, 31 and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228. 2. Contractor shall treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. 3. Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or Government records. 4. Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act. 5. Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract. 6. The Government Agency owns the rights to all data/records produced as part of this contract. 7. The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data. 8. Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format (paper, electronic, etc.) or mode of transmission (e-mail, fax, etc.) or state of completion (draft, final, etc.). 9. No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules. 10. Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, this contract. The Contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information. Offerors are reminded to include a completed copy of 52.212-3 with RFP response, or provide an affirmative response that the offeror is registered in ORCA and all information in ORCA is current and complete. All clauses shall be incorporated by reference or full text in the purchase order. Additional contract terms and conditions applicable to this procurement are: IDENTIFICATION OF GOVERNMENT OFFICIALS: The Government Officials assigned to this contract are as follows: Administrative Contracting Officer: Name: James Suerdieck Phone: 301-447-7244 Email: james.suerdieck@fema.dhs.gov Administrative Contract Specialist: Name: Laura Harshbarger Phone: 301-447-7611 Email: laura.harshbarger@fema.dhs.gov Technical Point of Contact hereby delegated authority to accept goods and services and review and approve invoices for this contract: Name: TBD Phone: TBD Email: TBD BILLING INSTRUCTIONS (JUN 2014) Contractors will use Standard Form 1034 (Public Voucher for Purchases and Services Other Than Personal) located at http://www.gsa.gov/portal/forms/type/SF when submitting a payment request. A payment request means any invoice or request for contract financing payment requesting reimbursement for supplies or services rendered. The Contractor shall not be paid more frequently than on a twice monthly basis. Contractors must submit vouchers electronically in pdf format to the FEMA Finance Center at: FEMA-Finance-Vendor-Payments@fema.dhs.gov. A copy of the voucher must be submitted electronically to the contracting officer identified within this contract. The submission of vouchers electronically will reduce correspondence and other causes for delay to a minimum and will facilitate prompt payment to the Contractor. Paper vouchers mailed to the finance center will not be processed for payment. If the Contractor is unable to submit a payment request in electronic form, the contractor shall submit the payment request using a method mutually agreed to by the Contractor, the Contracting Officer, and the payment office. DEFECTIVE OR IMPROPER INVOICES (JUN 2014) Name, title, phone number, and email of officials of the business concern who are to be notified when the Government receives an improper invoice. _____To be provided by contractor ______________ ___________________________________________ ___________________________________________ INVOICE APPROVAL (JUN 2014) The following FEMA individual (in addition to the Contracting Officer) is hereby delegated authority to accept goods and services and to review and approve invoices for this contract: Authorized Invoice Approver Name: TBD Title: TBD Phone: TBD Email: TBD INVOICE INSTRUCTIONS (JUN 2014) Invoices shall be submitted as follows: Contractors will use Standard Form 1034 (Public Voucher for Purchases and Services Other Than Personal) and SF 1035 Continuation sheet when requesting payment for supplies or services rendered. The voucher must provide a description of the supplies or services, by line item (if applicable), quantity, unit price, and total amount. The item description, unit of measure, and unit price must match those specified in the contract. Invoices that do not match the line item pricing in the contract will be considered improper and will be returned to the Contractor. SF 1034 and 1035 instructions: SF 1034--Fixed Price The information which a contractor is required to submit in its Standard Form 1034 is set forth as follows: (1) U.S. Department, Bureau, or establishment and location insert the names and address of the servicing finance office unless the contract specifically provides otherwise. (2) Date Voucher Prepared - insert date on which the public voucher is prepared and submitted. (3) Contract/Delivery Order Number and Date - insert the number and date of the contract and delivery order, if applicable, under which reimbursement is claimed. (4) Requisition Number and Date - leave blank. (5) Voucher Number - insert the appropriate serial number of the voucher. A separate series of consecutive numbers, beginning with Number 1, shall be used by the contractor for each new contract. When an original voucher was submitted, but not paid in full because of suspended costs, resubmission vouchers should be submitted in a separate invoice showing the original voucher number and designated with the letter "R" as the last character of the number. If there is more than one resubmission, use the appropriate suffix (R2, R3, etc.) The last voucher of every contract or task order should be marked with the next sequential number, with the words "FINAL" (e.g. Invoice No. 1234-FINAL). (6) Schedule Number; Paid By; Date Invoice Received - leave blank. (7) Discount Terms - enter terms of discount, if applicable. (8) Payee's Account Number - this space may be used by the contractor to record the account or job number(s) assigned to the contract or may be left blank. (9) Payee's Name and Address - show the name of the contractor exactly as it appears in the contract and its correct address, except when an assignment has been made by the contractor, or the right to receive payment has been restricted, as in the case of an advance account. When the right to receive payment is restricted, the type of information to be shown in this space shall be furnished by the Contracting Officer. (10) Shipped From; To; Weight Government B/L Number - insert for supply contracts. (11) Date of Delivery or Service - show the month, day and year, beginning and ending dates of supplies or services delivered. (12) Articles and Services - insert the following: "For detail, see Standard Form 1035 total amount claimed transferred from Page ___ of Standard Form 1035." Type the following certification, signed by an authorized official, on the face of the Standard Form 1034. "I certify that all payments requested are for appropriate purposes and in accordance with the agreements set forth in the contract." _______________________ _________ (Name of Official) (Title) (13) Quantity; Unit Price - insert for supply contracts. (14) Amount - insert the amount claimed for the period indicated in (11) above. This amount should be transferred from the total per the SF 1035 Continuation Sheet. INVOICE PREPARATION INSTRUCTIONS SF 1035 The SF 1035 will be used to identify the specific item description, quantities, unit of measure, and prices for each category of deliverable item or service. Suitable self-designed forms may be submitted instead of the SF 1035 as long as they contain the information required. The information which a contractor is required to submit in its Standard Form 1035 is set forth as follows: U.S. Department, Bureau, or Establishment - insert the name and address of the servicing finance office. Voucher Number - insert the voucher number as shown on the Standard Form 1034. Schedule Number - leave blank. Sheet Number - insert the sheet number if more than one sheet is used in numerical sequence. Use as many sheets as necessary to show the information required. Number and Date of Order - insert payee's name and address as in the Standard Form 1034. Articles or Services - insert the contract number as in the Standard Form 1034. Amount - insert the total quantities contract value, and amount and type of fee payable (as applicable). A summary of claimed current and cumulative goods and services delivered and accepted to date. - Invoices shall include an itemization of all goods and services delivered and accepted for the period by item and by CLIN. Each invoice shall include sufficient detail to identify goods and services as compared to and in accordance with contract terms and conditions. Invoices that do not match the line item pricing in the contract will be considered improper and returned to the contractor. In addition, each invoice shall detail the total charges by showing current and cumulative goods and services both currently invoiced and cumulative to date. ATTACHMENTS: (N/A) PROPOSAL PREPARATION INSTRUCTIONS: A. GENERAL INSTRUCTIONS EVALUATION FACTORS FOR AWARD: FEMA intends to award one Firm Fixed Price Purchase Order based on Low Priced Technically Acceptable (LPTA). Evaluation of price will be based on the offeror's aggregate price for all supplies or services as required above. Factor 1 - Technically Acceptable means offeror provides all the equipment and materials as specified herein. All items shall be quoted; incomplete quotes may not be considered. This is an "All or Nothing" acquisition. This is a Brand Name Only requirement. All items shall be from ANP Technologies. No other brand is acceptable. Offeror shall include their estimated delivery time after receipt of award (ARO). Factor 2 - Price, inclusive of any shipping costs for delivery to Anniston, AL (36205), shall be evaluated. Award will be made on the basis of the lowest evaluated price of the quote meeting or exceeding the Factor 1. Past performance is not an evaluation factor for this acquisition. The offeror’s initial quote shall contain the offeror’s best terms from a total price (including any applicable shipping costs) and technical standpoint. The Government intends to evaluate quotes and award a purchase order without discussions, but reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government reserves the right to make no award as a result of this solicitation. OFFEROR QUESTIONS: If you have any questions, please contact Laura Harshbarger by email to: laura.harshbarger@fema.dhs.gov. Questions shall be submitted no later than May 26, 2020. No phone calls accepted. Questions submitted after this deadline may not receive a response. PROPOSAL SUBMISSION INSTRUCTIONS: Your Original Proposal (Volumes 1 and 2) including all supporting documentation shall be submitted electronically by email (using PDF, MS Word, and/or MS Excel) to Laura Harshbarger laura.harshbarger@fema.dhs.gov, and Gary Topper, not later than 12:00 p.m. (Eastern Time) on June 8, 2020. 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. The solicitation is Combined Synopsis/Solicitation number 70FA2020Q00000026. Provisions and clauses in effect tough Federal Acquisition Circular 2020-06 are incorporated. It is the contractor’s responsibility to be familiar with the applicable clauses and provisions. The clauses may be accessed in full text at these addresses: https://www.acquisition.gov/ or http://farsite.hill.af.mil/. The NAICS code is 334516- Analytical laboratory equipment manufacturing, with a small business size of 1000 employees. This acquisition is full and open. During market research, two or more small businesses were not identified. Submit email quotes (using PDF, MS Word or Excel attachments) to Laura Harshbarger at laura.harshbarger@fema.dhs.gov. Quotes are due no later than 12:00 PM EST, 08 June 2020. The Federal Emergency Management Agency requests quotes from qualified sources capable of providing ANP Technologies 8 each 5L-001-20PK NIDS Multiplexed Handheld Immunocomatographic Assays and 60 each SK-001 NIDS Sampling Kit for Surfaces and Powders (brand name only) as detailed below. A brand name only acquisition is supported by the rationale contained in the attached Sole Source Justification, brand name only. The successful bidder must be authorized by the manufacturer to distribute the items specified herein. All terms, conditions, requirements, clauses and provision herein shall apply to this combined synopsis/solicitation. All offerors shall submit a quote for all the following. PRICE/COST SCHEDULE: ITEM DESCRIPTION OF QTY UNIT UNIT AMOUNT NO. SUPPLIES/SVCS PRICE 0001 8.00 EACH ____________ _______________ NIDS 5-Plex 1 Assay, PN 5L-001-20PK 0002 60.00 EACH ____________ _______________ NIDS Sampling Kit, SK-001 Price must include shipping and handling, FOB destination. If shipping cost is additional, please be sure to include any applicable shipping cost to the quote as delivered to Anniston, AL. DELIVERY SCHEDULE: ITEM NUMBER QUANTITY DELIVERY 0001 8.00 90 Days ARO 0002 60.00 90 Days ARO PLACE OF DELIVERY: DHS/FEMA Center for Domestic Preparedness (CDP) 40 Twill Lane Anniston, AL 36205 ATTN: Monica Sheffield All applicable manufacturer commercial warranties shall be valid for all products. TYPE OF CONTRACT: The Government contemplates award of a Firm Fixed Price contract resulting from this combined synopsis/solicitation. PROVISIONS AND CLAUSES: FAR 52.212-1, Instructions to Offerors---Commercial Items, apply to this acquisition with the exception of (d), (h), and (i) of the clause, which are RESERVED; 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: See EVALUATION FACTORS FOR AWARD below. FEMA intends to award one Firm Fixed Price Purchase Order based on Low Priced Technically Acceptable (LPTA). Evaluation of price will be based on the offeror's aggregate price for all supplies or services as required above. Factor 1 - Technically Acceptable means offeror provides all the equipment and materials as specified herein. All items shall be quoted; incomplete quotes may not be considered. This is an "All or Nothing" acquisition. This is a Brand Name Only requirement. All items shall be from ANP Technologies. No other brand is acceptable. Offeror shall include their estimated delivery time after receipt of award (ARO). Factor 2 - Price, inclusive of any shipping costs for delivery to Anniston, AL (36205), shall be evaluated. Award will be made on the basis of the lowest evaluated price of the quote meeting or exceeding the Factor 1. Past performance is not an evaluation factor for this acquisition. The offeror’s initial quote shall contain the offeror’s best terms from a total price (including any applicable shipping costs) and technical standpoint. The Government intends to evaluate quotes and award a purchase order without discussions, but reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government reserves the right to make no award as a result of this solicitation. FAR 52.212-3, Offeror Representations and Certifications-Commercial Items; FAR 52.212-4, Contract Terms and Conditions---Commercial Items; FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items. In compliance with said clause, the following FAR clauses apply: 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards; 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; 52.222-36, Affirmative Action for Handicapped Workers with disabilities; 52.222-50, Combating Trafficking in Persons; 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving; 52.224-3, Privacy Training; 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act; 52.225-13, Restrictions on Certain Foreign Purchases; 52.232-33, Payment by Electronic Funds Transfer-System for Award Management. FAR 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications; HSAR 3052.212-70, Contract Terms and Conditions Applicable to DHS Acquisition of Commercial Items. In compliance with said clause, the following FAR clauses apply: 3052.247-72, F.o.B. Destination Only. FAR 52.252-2, Clauses Incorporated By Reference This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://www.acquisition.gov/far/index.html http://farsite.hill.af.mil/ NOTICE OF FILING REQUIREMENTS FOR AGENCY PROTESTS A. Preface Prior to submission of an agency protest, all parties must use their best efforts to resolve concerns raised by an interested party. FEMA offers, as an option for dispute resolution, Alternative Dispute Resolution (ADR). ADR in an informal, expeditious and inexpensive way to resolve contract issues and is designed to promote satisfying solutions and fair procedures. For more information on FEMA's ADR services, please contact FEMA's ADR office at the following address: Federal Emergency Management Agency Alternative Dispute Resolution Division FEMA Office of Chief Counsel 400 Virginia Avenue, SW Washington, DC 20472-3400 If concerns cannot be resolved, protesters may use these procedures when a resolution is requested from the agency. These procedures have been designed to create an avenue for resolving third party grievances in connection with the acquisition process outside of formal processes tough the Government Accountability Office (GAO) and the United States Court of Federal Claims (CFC). Filing an agency protest is not a prerequisite to filing at the GAO or CFC. If the protester files a protest tough the GAO or CFC while their protest is pending at the agency level, FEMA may dismiss the agency protest. Pursuing an agency protest does not extend the time for obtaining a stay at GAO. These procedures are in addition to the existing protest procedures contained in FAR Subpart 33.103. B. Definitions. (1) "Agency protest," as used in this Synopsis/Solicitation, is one that may be filed with either the Contracting Officer or the officer responsible for the resolution of all agency protests filed at the level above the Contracting Officer. (2) "Ombudsman," as used in this Synopsis/Solicitation, is the agency official above the level of the Contracting Officer designated by the Director of the Acquisition Management Division to handle and issue the formal agency decision resolving the protest. Protesters using these procedures may protest directly to the Ombudsman. (3) "Day," as used in this Synopsis/Solicitation, is a calendar day. In computing a period of time for the purpose of these procedures, the day from which the period begins to run is not counted. When the last day of the period is a Saturday, Sunday or a Federal holiday, the period extends to the next day that is not a Saturday, Sunday or a Federal holiday. Similarly, when the Washington, DC offices of FEMA are closed for all or part of the last day, the period extends to the next day on which the Agency is open. C. Submission Guidelines. (1) Agency protests may be filed tough the Contracting Officer or, at the level above the Contracting Officer, tough the Ombudsman either by FAX transmission or by "Certified Mail" (Return Receipt Requested) as follows: a. Protests filed tough the Contracting Officer or the Ombudsman must be mailed or faxed to: James Suerdieck, Department of Homeland Security/FEMA Acquisition Preparedness Branch Building D 16825 South Seton Avenue Emmitsburg, MD 21727 FAX: 301-447-1092 -OR- DHS/FEMA David Orris, Ombudsman 16825 S. Seton Ave, D-123 Emmitsburg, MD 21727 FAX: 301-447-1092 b. The outside of the envelope or beginning of the FAX transmission must be marked "Agency Protest". c. If the protester submits the protest directly tough the Ombudsman, the protester must also, within one (1) day of submitting the protest to the Ombudsman, submit a copy of the protest to the responsible Contracting Officer either by FAX transmission or by "Certified Mail" (Return Receipt Requested). (2) To be filed on a given day, protests and any subsequent appeals must be received by 4:30 PM, current-local time. Any protests received after that time will be considered to be filed on the next day. (3) Protest submissions will not be considered filed until all of the following information is provided: a. the protester's name, address, telephone number and fax number; b. the solicitation or contract number; c. a detailed statement of all factual and legal grounds for protests, to include an explanation of how the protester was prejudiced; d. copies of relevant documents; e. a request for ruling by the agency; f. a statement detailing the form of relief requested; g. all information establishing that the protester is an interested party for the purposes of filing a protest; and h. all information establishing the timeliness of the protest. (4) All protests must be signed by an authorized representative of the protester, and must be addressed to the Contracting Officer or the Ombudsman. D. Timeliness/Resolution of Protests. (1) Protests based upon alleged improprieties in a solicitation which are apparent prior to bid opening or the time set for receipt of initial proposals shall be filed prior to bid opening or the time set for receipt of initial proposals. In procurements where proposals are requested, alleged improprieties which do not exist in the initial solicitation but which are subsequently incorporated into the solicitation must be protested not later than the next closing time for receipt of proposals following the incorporation. (2) Protests other than those covered by paragraph (1) of this section shall be filed not later than 10 days after the basis of protest is known or should have been known (whichever is earlier), with the exception of protests challenging a procurement conducted on the basis of competitive proposals under which a debriefing is requested and, when requested, is required. In such cases, with respect to any protest basis which is known or should have been known either before or as a result of the debriefing, the initial protest shall not be filed before the debriefing date offered to the protester, but shall be filed not later than 10 days after the date on which the debriefing is held. (3) Protests filed tough the Contracting Officer. a. Within twenty (20) days after the protest is filed tough the Contracting Officer, the Contracting Officer will send a written ruling and a summary of the reasons supporting the ruling to the protester by "Certified Mail (Return Receipt Requested)". b. Appeals i. Protesters who filed protests tough the Contracting Officer may, within five (5) days of receipt of the Contracting Officer's written ruling, appeal to the Ombudsman. ii. Requests for Appellate Review must be submitted to the Ombudsman by FAX transmission or by "Certified Mail" (Return Receipt Requested). iii. The Ombudsman will send a written ruling and a summary of the reasons supporting the ruling to the protester by "Certified Mail (Mail Receipt Requested)" within ten (10) days of receipt of the request for appellate review of the Contracting Officer's decision. iv. In accordance with FAR 33.103(d)(4) and 4 C.F.R 21.2(a)(3), if there is an agency appellate review of the Contracting Officer's decision on the protest, it will not extend GAO'S timeliness requirements. Therefore, any subsequent protest to the GAO must be filed within ten (10) days of knowledge of initial adverse agency action. (4) Protests filed tough the Ombudsman: a. If the protester protests directly tough the Ombudsman, the Ombudsman will send a written ruling and a summary of the reasons supporting the ruling to the protester by "Certified Mail (Mail Receipt Requested)" within thirty-five (35) days after the protest was filed. b. Protests filed directly tough the Ombudsman cannot be appealed within the agency. E. Dismissal of Protests. The agency may dismiss protests when protesters file protests tough the GAO or CFC while their protests are pending at the agency level; and for failure to comply with any of the requirements of these agency protest procedures. For example, the agency may dismiss protests that are procedurally or substantively defective (e.g., the protest is untimely or the protest fails to clearly state legally sufficient grounds of protest). CONFIDENTIALITY OF INFORMATION (a) To the extent that the work under this contract requires that the Contractor be given access to sensitive or proprietary business, technical, or financial information belonging to the Government or other companies, the Contractor shall, after receipt thereof, treat such information as confidential and not appropriate such information to its own use or disclose such information to third parties unless specifically authorized by the Contracting Officer in writing. The foregoing obligations, however, shall not apply to information that-- (1) At the time of receipt by the Contractor, is in the public domain (2) Is published by others after receipt thereof by the Contractor or otherwise becomes part of the public domain tough no fault of the Contractor (3) The Contractor can demonstrate was already in its possession at the time of receipt thereof and was not acquired directly or indirectly from the Government or other companies (4) The Contractor can demonstrate was received by it from a third party that did not require the Contractor to hold it in confidence. (b) The Contractor shall obtain from each employee permitted access a written agreement, in a form satisfactory to the Contracting Officer, that he/she will not discuss, divulge or disclose any such information or data to any person or entity except those persons within the Contractor's organization or the Government directly concerned with the performance of the contract. NARA RECORDS MANAGEMENT LANGUAGE FOR CONTRACTS The following standard items relate to records generated in executing the contract and should be included in a typical Electronic Information Systems (EIS) procurement contract: 1. Citations to pertinent laws, codes and regulations such as 44 U.S.C chapters 21, 29, 31 and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228. 2. Contractor shall treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. 3. Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or Government records. 4. Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act. 5. Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract. 6. The Government Agency owns the rights to all data/records produced as part of this contract. 7. The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data. 8. Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format (paper, electronic, etc.) or mode of transmission (e-mail, fax, etc.) or state of completion (draft, final, etc.). 9. No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules. 10. Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, this contract. The Contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information. Offerors are reminded to include a completed copy of 52.212-3 with RFP response, or provide an affirmative response that the offeror is registered in ORCA and all information in ORCA is current and complete. All clauses shall be incorporated by reference or full text in the purchase order. Additional contract terms and conditions applicable to this procurement are: IDENTIFICATION OF GOVERNMENT OFFICIALS: The Government Officials assigned to this contract are as follows: Administrative Contracting Officer: Name: James Suerdieck Phone: 301-447-7244 Email: james.suerdieck@fema.dhs.gov Administrative Contract Specialist: Name: Laura Harshbarger Phone: 301-447-7611 Email: laura.harshbarger@fema.dhs.gov Technical Point of Contact hereby delegated authority to accept goods and services and review and approve invoices for this contract: Name: TBD Phone: TBD Email: TBD BILLING INSTRUCTIONS (JUN 2014) Contractors will use Standard Form 1034 (Public Voucher for Purchases and Services Other Than Personal) located at http://www.gsa.gov/portal/forms/type/SF when submitting a payment request. A payment request means any invoice or request for contract financing payment requesting reimbursement for supplies or services rendered. The Contractor shall not be paid more frequently than on a twice monthly basis. Contractors must submit vouchers electronically in pdf format to the FEMA Finance Center at: FEMA-Finance-Vendor-Payments@fema.dhs.gov. A copy of the voucher must be submitted electronically to the contracting officer identified within this contract. The submission of vouchers electronically will reduce correspondence and other causes for delay to a minimum and will facilitate prompt payment to the Contractor. Paper vouchers mailed to the finance center will not be processed for payment. If the Contractor is unable to submit a payment request in electronic form, the contractor shall submit the payment request using a method mutually agreed to by the Contractor, the Contracting Officer, and the payment office. DEFECTIVE OR IMPROPER INVOICES (JUN 2014) Name, title, phone number, and email of officials of the business concern who are to be notified when the Government receives an improper invoice. _____To be provided by contractor ______________ ___________________________________________ ___________________________________________ INVOICE APPROVAL (JUN 2014) The following FEMA individual (in addition to the Contracting Officer) is hereby delegated authority to accept goods and services and to review and approve invoices for this contract: Authorized Invoice Approver Name: TBD Title: TBD Phone: TBD Email: TBD INVOICE INSTRUCTIONS (JUN 2014) Invoices shall be submitted as follows: Contractors will use Standard Form 1034 (Public Voucher for Purchases and Services Other Than Personal) and SF 1035 Continuation sheet when requesting payment for supplies or services rendered. The voucher must provide a description of the supplies or services, by line item (if applicable), quantity, unit price, and total amount. The item description, unit of measure, and unit price must match those specified in the contract. Invoices that do not match the line item pricing in the contract will be considered improper and will be returned to the Contractor. SF 1034 and 1035 instructions: SF 1034--Fixed Price The information which a contractor is required to submit in its Standard Form 1034 is set forth as follows: (1) U.S. Department, Bureau, or establishment and location insert the names and address of the servicing finance office unless the contract specifically provides otherwise. (2) Date Voucher Prepared - insert date on which the public voucher is prepared and submitted. (3) Contract/Delivery Order Number and Date - insert the number and date of the contract and delivery order, if applicable, under which reimbursement is claimed. (4) Requisition Number and Date - leave blank. (5) Voucher Number - insert the appropriate serial number of the voucher. A separate series of consecutive numbers, beginning with Number 1, shall be used by the contractor for each new contract. When an original voucher was submitted, but not paid in full because of suspended costs, resubmission vouchers should be submitted in a separate invoice showing the original voucher number and designated with the letter "R" as the last character of the number. If there is more than one resubmission, use the appropriate suffix (R2, R3, etc.) The last voucher of every contract or task order should be marked with the next sequential number, with the words "FINAL" (e.g. Invoice No. 1234-FINAL). (6) Schedule Number; Paid By; Date Invoice Received - leave blank. (7) Discount Terms - enter terms of discount, if applicable. (8) Payee's Account Number - this space may be used by the contractor to record the account or job number(s) assigned to the contract or may be left blank. (9) Payee's Name and Address - show the name of the contractor exactly as it appears in the contract and its correct address, except when an assignment has been made by the contractor, or the right to receive payment has been restricted, as in the case of an advance account. When the right to receive payment is restricted, the type of information to be shown in this space shall be furnished by the Contracting Officer. (10) Shipped From; To; Weight Government B/L Number - insert for supply contracts. (11) Date of Delivery or Service - show the month, day and year, beginning and ending dates of supplies or services delivered. (12) Articles and Services - insert the following: "For detail, see Standard Form 1035 total amount claimed transferred from Page ___ of Standard Form 1035." Type the following certification, signed by an authorized official, on the face of the Standard Form 1034. "I certify that all payments requested are for appropriate purposes and in accordance with the agreements set forth in the contract." _______________________ _________ (Name of Official) (Title) (13) Quantity; Unit Price - insert for supply contracts. (14) Amount - insert the amount claimed for the period indicated in (11) above. This amount should be transferred from the total per the SF 1035 Continuation Sheet. INVOICE PREPARATION INSTRUCTIONS SF 1035 The SF 1035 will be used to identify the specific item description, quantities, unit of measure, and prices for each category of deliverable item or service. Suitable self-designed forms may be submitted instead of the SF 1035 as long as they contain the information required. The information which a contractor is required to submit in its Standard Form 1035 is set forth as follows: U.S. Department, Bureau, or Establishment - insert the name and address of the servicing finance office. Voucher Number - insert the voucher number as shown on the Standard Form 1034. Schedule Number - leave blank. Sheet Number - insert the sheet number if more than one sheet is used in numerical sequence. Use as many sheets as necessary to show the information required. Number and Date of Order - insert payee's name and address as in the Standard Form 1034. Articles or Services - insert the contract number as in the Standard Form 1034. Amount - insert the total quantities contract value, and amount and type of fee payable (as applicable). A summary of claimed current and cumulative goods and services delivered and accepted to date. - Invoices shall include an itemization of all goods and services delivered and accepted for the period by item and by CLIN. Each invoice shall include sufficient detail to identify goods and services as compared to and in accordance with contract terms and conditions. Invoices that do not match the line item pricing in the contract will be considered improper and returned to the contractor. In addition, each invoice shall detail the total charges by showing current and cumulative goods and services both currently invoiced and cumulative to date. ATTACHMENTS: (N/A) PROPOSAL PREPARATION INSTRUCTIONS: A. GENERAL INSTRUCTIONS EVALUATION FACTORS FOR AWARD: FEMA intends to award one Firm Fixed Price Purchase Order based on Low Priced Technically Acceptable (LPTA). Evaluation of price will be based on the offeror's aggregate price for all supplies or services as required above. Factor 1 - Technically Acceptable means offeror provides all the equipment and materials as specified herein. All items shall be quoted; incomplete quotes may not be considered. This is an "All or Nothing" acquisition. This is a Brand Name Only requirement. All items shall be from ANP Technologies. No other brand is acceptable. Offeror shall include their estimated delivery time after receipt of award (ARO). Factor 2 - Price, inclusive of any shipping costs for delivery to Anniston, AL (36205), shall be evaluated. Award will be made on the basis of the lowest evaluated price of the quote meeting or exceeding the Factor 1. Past performance is not an evaluation factor for this acquisition. The offeror’s initial quote shall contain the offeror’s best terms from a total price (including any applicable shipping costs) and technical standpoint. The Government intends to evaluate quotes and award a purchase order without discussions, but reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government reserves the right to make no award as a result of this solicitation. OFFEROR QUESTIONS: If you have any questions, please contact Laura Harshbarger by email to: laura.harshbarger@fema.dhs.gov. Questions shall be submitted no later than May 26, 2020. No phone calls accepted. Questions submitted after this deadline may not receive a response. PROPOSAL SUBMISSION INSTRUCTIONS: Your Original Proposal (Volumes 1 and 2) including all supporting documentation shall be submitted electronically by email (using PDF, MS Word, and/or MS Excel) to Laura Harshbarger laura.harshbarger@fema.dhs.gov, and Gary Topper, not later than 12:00 p.m. (Eastern Time) on June 8, 2020.
70FA2020Q00000026 Federal Emergency Management Agency Preparedness Section
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