Acquistion of One (1) Hypoxygen HypOxystation H35 Hypoxic Chamber, or Equivalent
1.0 DESCRIPTION This is a combined synopsis/solicitation for commercial items, prepared in accordance with the format in FAR 12.6 as supplemented with additional information included in this notice, and shall be processed in accordance with FAR Part 13 – Simplified Acquisition Procedures. This announcement constitutes the only solicitation; quotations are being requested and a separate, written solicitation will not be issued. This solicitation, 75N91021Q00206, is issued as a request for quote (RFQ) and includes all applicable provisions and clauses in effect tough FAR Federal Acquisition Circular (FAC) 2021-06 (7-12-2021), simplified acquisition procedures for commercial items. The North American Industry Classification System (NAICS) code is 334516 – Analytical Laboratory Instrument Manufacturing and the business size standard is 1,000 employees. One (1) firm fixed price purchase order award will be made as a result of this solicitation. This is a total small business set-aside. 2.0 BACKGROUND The Basic Translational Oncology Section of the Pediatric Oncology Branch (POB), Center for Cancer Research (CCR), at the National Cancer Institute (NCI), National Institutes of Health (NIH) of the U.S. Department of Health and Human Services (HHS) is a relatitvely new and dynamic research group whose interest in the laboratory is to combine fundamental and translational approaches to cancer research, with the ultimate goal of developing novel immunotherapy strategies for the treatment of pediatric cancer and patients with immunodeficiencies. This group focuses on tee key agendas: (1) to better understand the metabolic mechanisms regulating the differentiation of T-cells (key white blood cells of the immune system) and anti-tumor effector/immune responses; (2) to define the elements of the thymus microenvironment that enhance thymocyte differentiation from hematopoietic stem cell (HSC) differentiation; and, (3) to understand the metabolic regulation of tumor growth and its impact on HSC differentiation. In order to fully investigate these questions, POB/CCR must peform many types of experiments utilizing these different types of immune cells under many different conditions. Traditional in-vitro experments involve cell culture experiments where cells are grown and experiments performed in a classic 5% CO2 incubator which has roughly 21% oxygen. However, cells in the body are exposed to only 2%-8% oxygen (a “hypoxic state”). It is thus understandable that experiments performed on these types of cells in 21% oxygen levels are looking at cells that are already stressed purely based on the fact they are not in their “naturally occurring” environment. In order to properly study these immune cells and how they truly behave in the human body, POB/CCR must perform these in-vitro experiments under conditions that most mimic their naturally occurring environment. Therefore, the POB/CCR requires an instrument that will enable the scientific staff to study these immune cells in an environment that more closely mimics their naturally occurring environment within the human body. The CCR/POB intends to procure One (1) Hypoxygen HypOxystation H35 Hypoxic Chamber, or Equivalent 3.0 TYPE OF ORDER This is a firm fixed price purchase order. 4.0 SPECIAL ORDER REQUIREMENTS 4.1 PRODUCT FEATURES/SALIENT CHARACTERISTICS The following product features/characteristics are required: • The unit shall allow allow maximum arm movement to permit the user to reach all areas of the internal space easily. This can be obtained by utilizing oval versus round ports. • Movement of doors shall not interfere with the internal workspace. • The unit shall allow easy access/entry to the internal chamber. • The unit shall not be equipped with internal workstation storage for glove plugs or port caps/plugs, as the CCR requires large, increased internal area for actual work. Procedures that will be peformed within the chamber require detailed work which requires an increased tactile sense when performing such precision work. Internal gloves are thick and cumbersome. • The unit shall utilize wrist seals. By using wrist seals, as opposed to internal gloves, the end user is able to utilize thinner gloves, which provide much more tactile sense when performing detailed work required with cell culture experiments. • The unit shall have a chamber door chamber that has secure, tight seals. This will result in lower gas consumption and, most importantly, accuracy of internal environment. • The unit shall be capable of integrated oxygen monitoring with an oxygen sensor located inside the chamber with true real-time feedback. This will provide highly accurate control of oxygen because the response time of an integrated, internal sensor is quicker than and external oxygen sensors. • The unit shall enable internal mixing of gases. This feature eliminates the need for an external gas mixer which saves on bench space and gas consumption. Internal gas mixing also facilitates true, real-time monitoring by immediately adjusting any variations from user defined settings and eliminates the possibility of contamination from external sources. • The unit shall have laminar air flow inside of the workstation which ensures proper mixing of internal atmosphere to prevent layering of temperatures and gases. • The unit shall enable calibration of the oxygen sensor (via touch screen interface) without requiring the removal of the oxygen sensor from the workstation environment. This feature elimninates any potential for condensation on the sensor, which leads to inaccurate readings. • The unit shall have a humidification system which introduces sterile steam into the workstation. The unit shall not utilize nebulizer units for humidification that are known to cause contamination. • The system shall have a rapid cycle airlock. This provides effective cell ware transfer to and from the workstation in the fastest possible time, minimizing any experimental error due to exposure to incorrect environmental conditions. • The unit shall have a control panel for visual display of critical parameters such as O2 levels, CO2 levels, temperarture, humidity, airlock status. • The unit’s control panel shall be password protected so unauthorized users cannot alter the settings. • The unit shall be constructed with thick, annealed acrylic construction. It has been shown that annealed acrylic construction reliably holds internal atmosphere and uses less gas than bonded acrylic or stainless steel systems. • The unit shall be capable of recording, storing and making data of internal experimental parameters assessible for 30 calendars days. The data shall include temperature, oxygen levels, humidity and pressure. • The unit shall have a large incubation area of at least 32” L x 15” D x 15” H (810mm x 380mm x 380mm), allowing for increased experimentation over a given time. The critical aspect is to never have the cells removed from this hypoxic environment. • The unit shall have it’s entire internal working area incubated, so there is no thermal shock to cells when moving cells from one part of the unit to another. • The unit shall be Ethernet-enabled allowing for remote access to control experimental paramerters during experiments in real-time. • The unit shall have a HEPA sytem that provides air cleanliness equivalent to or better than international standard ISO 14644-1 (Class 3). This standard forms the basis of the Cell Tissue Culture Directive, which specifies the conditions under which mammalian cells should be handled. • The unit shall have an internal HEPA filters within the workstation, as this prevents the filter from becoming saturated by humidified air. The HEPA filter system must be able to filter the entire system quickly. 4.2 DELIVERY / INSTALLATION Delivery shall be within 90 calendar days of purchase order award. The Contractor shall provide the NCI Technical Point of Contact (TPOC), TBD at award, with tracking information to anticipate delivery to the best extent possible. All shipping/handling (including FOB) and delivery/installation /labor fees shall be included. Upon delivery, the Contractor shall notify the TPOC to schedule the installation date and time that shall occur within 10 business days after delivery. Installation shall be performed by, or under the direct supervision of, an Original Equipment Manufacturer (OEM) certified operator. The instrument shall be delivered to the following address: Technical Point of Contact: TBD AT AWARD Bldg10CRC, 1W-3840 10 Center Drive Bethesda, MD 20892 4.3 TRAINING The Contractor shall provide training for up to 5 end users, at no additional cost to the Government, which shall occur no later than 30 business days after installation. 4.4 WARRANTY The Contractor shall warrant all supplies furnished under this award against any defects in design, material, or manufacture for a period of at least twelve (12) months from date of installation. The Contractor shall also warrant and imply that all items delivered as a result of this order are merchantable and fit for use for the particular purpose described in the order in accordance with FAR 52.212-4(o). If a defect results in lost or decreased performance of supplies or services furnished under this order, the Contractor shall cover all parts, materials, labor, and/or travel expenses required to repair or replace the supplies at no cost to the Government. Supplies which are repaired or replaced shall be warranted for the remainder of the initial warranty period or for 90-days – whichever is greater. 4.5 PROCEDURES DURING COVID-19 PANDEMIC Due to the current COVID-19 pandemic, the Contractor must pay close attention to the following delivery instructions. Please be aware that due to the fluidity of the existing pandemic, instructions may be updated as needed after award. - The equipment shall be delivered within the timeframe listed in section 4.2 above. - The Contractor shall: • Store or hold equipment until NCI is ready to accept the equipment at no additional cost; • The equipment shall not be sold to another business in the event NCI is not ready to accept delivery due to unanticipated changes related to COVID-19; and • Training as required by the Statement of Need shall be made available and provided to required staff at different times and dates, if required, at no additional cost. - Communicate and follow instructions from the TPOC to coordinate delivery, installation and training in accordance with the timeframes stated in sections 4.2 tough 4.3 above. The delivery address and TPOC’s information will be provided at the time of award and must be included as part of the order/shipping label. - All companies delivering to NIH’s main campus shall comply with Commercial Vehicle Inspection Facility (CVIF) access procedures. CVIF will provide a list of buildings with loading docks. - Delivered items will be logged in and the loading dock Contractor or Government employee will attempt to contact the TPOC for inspection and acceptance of the package. In the event the TPOC is unable to accept the package, the equipment shall not be left at the loading dock station. The Contractor shall confirm another attempt will be made to deliver on another date, to be coordinated with the TPOC, at no additional cost. - Deliveries shall only be made between 6AM to 4PM, Monday tough Friday. Note: Delivery personnel may be asked a series of questions related to recent travels and if any physical symptoms relevant to COVID 19 exist. 5.0 INVOICE SUBMISSION / PAYMENT (COMMERCIAL) Payment shall be made in full upon delivery, inspection and acceptance by the Government. Payment authorization requires submission and approval of invoices to the TPOC and NIH OFM, in accordance with the attached payment provisions listed below. The following clause is applicable to all Purchase Orders, Task or Delivery Orders, and Blanket Purchase Agreement (BPA) Calls: Prompt Payment (Jan 2017) FAR 52.232-25. Highlights of this clause and NIH implementation requirements follow: I. Invoice Requirements A. An invoice is the Contractor's bill or written request for payment under the contract for supplies delivered or services performed. A proper invoice is an "Original" which must include the items listed in subdivisions 1 tough 12, below, in addition to the requirements of FAR 32.9. If the invoice does not comply with these requirements, the Contractor will be notified of the defect within 7 days after the date the designated billing office received the invoice (3 days for meat, meat food products, or fish, and 5 days for perishable agricultural commodities, dairy products, edible fats or oils) with a statement of the reasons why it is not a proper invoice. (See exceptions under II., below.) Untimely notification will be taken into account in the computation of any interest penalty owed the Contractor. 1. Vendor/Contractor: Name, Address, Point of Contact for the invoice (Name, title, telephone number, e-mail and mailing address of point of contact). 2. Remit-to address (Name and complete mailing address to send payment). 3. Remittance name must match exactly with name on original order/contract. If the Remittance name differs from the Legal Business Name, then both names must appear on the invoice. 4. Invoice date. 5. Unique invoice #s for all invoices per vendor regardless of site. 6. NBS document number formats must be included for awards created in the NBS: Contract Number; Purchase Order Number; Task or Delivery Order Number and Source Award Number (e.g., Indefinite Delivery Contract number; General Services Administration number); or, BPA Call Number and BPA Parent Award Number. 7. Data Universal Numbering System (DUNS) or DUNS + 4 as registered in www.SAM.gov. 8. Federal Taxpayer Identification Number (TIN). In those exceptional cases where a contractor does not have a DUNS number or TIN, a Vendor Identification Number (VIN) must be referenced on the invoice. The VIN is the number that appears after the contractor’s name on the face page of the award document. 9. Identify that payment is to be made using a tee-way match. 10. Description of supplies/services that match the description on the award, by line billed.* 11. Freight or delivery charge must be billed as shown on the award. If it is included in the item price do not bill it separately. If identified in the award as a separate line item, it must be billed separately. 12. Quantity, Unit of Measure, Unit Price, Extended Price of supplies delivered or services performed, as applicable, and that match the line items specified in the award.* NOTE: If your invoice must differ from the line items on the award, please contact the Contracting Officer before submitting the invoice. A modification to the order or contract may be needed before the invoice can be submitted and paid. B. Shipping costs will be reimbursed only if authorized by the Contract/Purchase Order. If authorized, shipping costs must be itemized. Where shipping costs exceed $100, the invoice must be supported by a bill of lading or a paid carrier's receipt. C. The Contractor shall submit invoice to the National Institutes of Health (NIH)/Office of Financial Management (OFM) via email at invoicing@nih.gov with a copy to the approving official, as directed below. The Contractor must follow step-by-step instructions as stated in the NIH/OFM Electronic Invoicing Instructions for NIH Contractors/Vendors, which is included as an attachment on the website at https://oamp.od.nih.gov/DGS/DGS-workform-information/attachment-files. The invoice shall be transmitted as an attachment via email to the address listed above in one of the following formats: Word, or Adobe Portable Document Format (PDF). The Contractor must submit only one invoice per email. Do not submit supporting documentation (e.g., receipts, time sheets, vendor invoices, etc.) with your invoice unless specified elsewhere in the contract or requested by the Contracting Officer. The Contractor shall submit a copy of the electronic invoice to the following Technical Point of Contact (TPOC): Name- ___TBD at Award_________Email Address- See Attachment 1 - Instructions_Electronic Invoices. For inquiries regarding the status of invoices, contact OFM Customer Service via email at ofm_customer_service@incontactemail.com or via phone at 301-496-6088. To send your inquiries via other available communication methods refer to the OFM Customer Service website at https://ofm.od.nih.gov/Pages/Customer-Service.aspx. Note: The OFM Customer Service is open Eastern Standard Time Monday – Friday from 8:30 a.m. to 5:00 p.m. and is closed between 12:00 p.m. to 1:00 p.m. II. Invoice Payment A. Except as indicated in paragraph B., below, the due date for making invoice payments by the designated payment office shall be the later of the following two events: 1. The 30th day after the designated billing office has received a proper invoice. 2. The 30th day after Government acceptance of supplies delivered or services performed. B. The due date for making invoice payments for meat and meat food products, perishable agricultural commodities, dairy products, and edible fats or oils, shall be in accordance with the Prompt Payment Act, as amended. III. Interest Penalties A. An interest penalty shall be paid automatically, if payment is not made by the due date and the conditions listed below are met, if applicable. 1. A proper invoice was received by the designated billing office. 2. A receiving report or other Government documentation authorizing payment was processed and there was no disagreement over quantity, quality, or contractor compliance with a term or condition. B. In the case of a final invoice for any balance of funds due the contractor for supplies delivered or services performed, the amount was not subject to further settlement actions between the Government and the Contractor. C. Determination of interest and penalties due will be made in accordance with the provisions of the Prompt Payment Act, as amended, the Contract Disputes Act, and regulations issued by the Office of Management and Budget. IV. PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS, FAR 52.232-40 (DEC 2013) a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor. b) The acceleration of payments under this clause does not provide any new rights under the prompt Payment Act. c) Include the substance of this clause, include this paragraph c, in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items. 6.0 PURCHASE ORDER CLAUSES FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS - COMMERCIAL ITEMS (JUL 2021) (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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91). (3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232). (4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015). (5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (6) 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: ___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), 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 (JUN 2020) (41 U.S.C. 3509)). ___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) _X__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note). ___ (5) [Reserved]. ___ (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C). ___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C). _X__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note). ___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313). ___ (10) [Reserved]. ___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C.657a). ___ (ii) Alternate I (MAR 2020) of 52.219-3. ___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). ___ (ii) Alternate I (MAR 2020) of 52.219-4. ___ (13) [Reserved] _X__ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C.644). ___ (ii) Alternate I (MAR 2020) of 52.219-6 ___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644). ___ (ii) Alternate I (MAR 2020) of 52.219-7. ___ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)). ___ (17) (i) 52.219-9, Small Business Subcontracting Plan (JUN 2020) (15 U.S.C. 637(d)(4)). ___ (ii) Alternate I (NOV 2016) of 52.219-9. ___ (iii) Alternate II (NOV 2016) of 52.219-9. ___ (iv) Alternate III (JUN 2020) of 52.219-9. ___ (v) Alternate IV (JUN 2020) of 52.219-9 ___ (18) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)). ___ (ii) Alternate I (MAR 2020) of 52.219-13 ___ (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C.637(a)(14)). ___ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)). ___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020) (15 U.S.C. 657f). _X__ (22)(i) 52.219-28, Post Award Small Business Program Representation (NOV 2020) (15 U.S.C. 632(a)(2)). ___ (ii) Alternate I (MAR 2020) of 52.219-28. ___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (MAR 2020) (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 (MAR 2020) (15 U.S.C. 637(m)). ___ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)). ___ (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17)). _X__ (27) 52.222-3, Convict Labor (JUN 2003) (E.O.11755). _X__ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2020) (E.O.13126). _X__ (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015). _X__ (30) (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246). ___ (ii) Alternate I (Feb 1999) of 52.222-26. ___ (31)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212). ___ (ii) Alternate I (JUL 2014) of 52.222-35. _X__ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C.793). ___ (ii) Alternate I (JUL 2014) of 52.222-36. ___ (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212). ___ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). _X__ (35)(i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (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). ___ (36) 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.) ___ (37) (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.) ___ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693). ___ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693). ___ (40) (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. ___ (41) (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. ___ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b). ___ (43) (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. _X__ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513). ___ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693). ___ (46) 52.223-21, Foams (JUN 2016) (E.O. 13693). ___ (47) (i) 52.224-3 Privacy Training (JAN 2017) (5 U.S.C. 552 a). ___ (ii) Alternate I (JAN 2017) of 52.224-3. ___ (48) 52.225-1, Buy American-Supplies (JAN 2021) (41 U.S.C. chapter 83). ___ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (JAN 2021) (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 (JAN 2021) of 52.225-3. ___ (iii) Alternate II (JAN 2021) of 52.225-3. ___ (iv) Alternate III (JAN 2021) of 52.225-3. ___ (50) 52.225-5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _X__ (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). ___ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). ___ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150). ___ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150). ___ (55) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021). ___ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C.4505, 10 U.S.C.2307(f)). ___ (57) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C.4505, 10 U.S.C.2307(f)). _X__ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT 2018) (31 U.S.C. 3332). ___ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (JUL 2013) (31 U.S.C.3332). ___ (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C.3332). ___ (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a). ___ (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C. 637(d)(13)). ___ (63) (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. ___ (iii) Alternate II (FEB 2006) 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: ___ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67). ___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). ___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67). ___ (4) 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). ___ (5) 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). ___ (6) 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). ___ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020). ___ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). ___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). (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 teshold, as defined in FAR 2.101, on the date of award of this contract, 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 (JUN 2020) (41 U.S.C. 3509). (ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions) (iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91). (iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232). (v) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (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 the applicable teshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015). (vii) 52.222-26, Equal Opportunity (SEP 2015) (E.O.11246). (viii) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C.4212). (ix) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C.793). (x) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C.4212) (xi) 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. (xii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67). (xiii) (A) 52.222-50, Combating Trafficking in Persons (OCT 2020) (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) (xiv) 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). (xv) 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) (xvi) 52.222-54, Employment Eligibility Verification (OCT 2015) (E.O. 12989) (xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020). (xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). (xix) (A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). (B) Alternate I (JAN 2017) of 52.224-3. (xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xxii) 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. FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) 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/ and/or http://www.hhs.gov/policies/hhsar/. CLAUSE NO. / TITLE / DATE FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018 FAR 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE AUG 2020 FAR 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS DEC 2014 FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS OCT 2018 FAR 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS JUN 2013 FAR 52.247-35 F.O.B DESTINATION, WITHIN CONSIGNEE’S PREMISES APR 1984 HHSAR 352.222–70 CONTRACTOR COOPERATION IN EQUAL EMPLOYMENT OPPORTUNITY INVESTIGATIONS DEC 2015 HHSAR 352.227-70 PUBLICATIONS AND PUBLICITY DEC 2015 HHSAR 352.237-74 NON-DISCRIMINATION IN SERVICE DELIVERY DEC 2015 7.0 SOLICITATION PROVISIONS FAR 52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-REPRESENTATION (OCT 2020) (a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services". (c) (1) Representation. The Offeror represents that it does, does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument. (2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it does, does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services. FAR 52.211-6 BRAND NAME OR EQUAL (AUG 1999) (a) If an item in this solicitation is identified as "brand name or equal," the purchase description reflects the characteristics and level of quality that will satisfy the Government’s needs. The salient physical, functional, or performance characteristics that "equal" products must meet are specified in the solicitation. (b) To be considered for award, offers of "equal" products, including "equal" products of the brand name manufacturer, must- (1) Meet the salient physical, functional, or performance characteristic specified in this solicitation; 2) Clearly identify the item by- (i) Brand name, if any; and (ii) Make or model number; (3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and (4) Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications. (c) The Contracting Officer will evaluate "equal" products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer. (d) Unless the offeror clearly indicates in its offer that the product being offered is an "equal" product, the offeror shall provide the brand name product referenced in the solicitation. FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):http://www.acquisition.gov/far/ and/or http://www.hhs.gov/policies/hhsar/. PROVISION NO. / TITLE / DATE FAR 52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS-REPRESENTATION JAN 2017 FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT OCT 2018 FAR 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING AUG 2020 FAR 52.204-17 OWNERSHIP OR CONTROL OF OFFEROR AUG 2020 FAR 52.204-20 PREDECESSOR OF OFFEROR AUG 2020 FAR 52.204-22 ALTERNATIVE LINE ITEM PROPOSAL JAN 2017 FAR 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT OCT 2020 FAR 52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-REPRESENTATION OCT 2020 FAR 52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS – REPRESENTATION NOV 2015 FAR 52.209-11 REPRESENTATION BY CORPORATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW FEB 2016 FAR 52.212-1 INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS JUL 2021 FAR 52.212-2 EVALUATION COMMERCIAL ITEMS OCT 2014 FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS FEB 2021 FAR 52.214-21 DESCRIPTIVE LITERATURE APR 2002 FAR 52.223-22 PUBLIC DISCLOSURE OF GREENHOUSE GAS EMISSIONS AND REDUCTION GOALS – REPRESENTATION DEC 2016 8.0 SUBMISSION INSTRUCTIONS / EVALUATION 8.1 GENERAL This Request for Quotation (RFQ) does not commit the Government to pay any cost for preparation and submission of a quote. In addition, the Contracting Officer is the only individual who can legally commit the Government to the expenditure of public funds in connection with this proposed acquisition. By submitting a quote in response to this solicitation, it is understood that your firm’s quote shall become a part of the official purchase order file. Quotes must stipulate that it is predicated upon all the terms and conditions of this RFQ and signed by an official authorized to bind your organization. In addition, it must contain a statement to the effect that it is firm for a period of at least 60 days from the date of receipt thereof by the Government. Quoters are advised to include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items. QUESTIONS Questions must be submitted via email to Contracting Officer, Megan Kisamore, at megan.kisamore@nih.gov in MS Word or Adobe Portable Document Format (PDF), no later than 3:00 PM EST on Wednesday, August 4, 2021 (8/4/2021). Please be advised that the Government reserves the right to transmit any questions and answers of a common interest to all prospective Contractors. QUOTATIONS Quotations must be submitted via email to Contracting Officer, Megan Kisamore, at megan.kisamore@nih.gov in MS Word or Adobe Portable Document Format (PDF), no later than 3:00 PM EST on Tuesday, August 10, 2021 (8/10/2021). Please refer to solicitation number: 75N91021Q00206 on all correspondence. 8.2 QUOTATION REQUIREMENTS Quotes shall include/address the following: 8.2.1 SPECIAL DELIVERY REQUIREMENTS DUE TO COVID-19 Due to the current COVID-19 pandemic, please pay close attention to the following delivery requirements and ensure that sufficient information is included in the quote to be considered for an award. Please be aware that due to the fluidity of the existing pandemic, instructions may be updated as needed after award. All quotes must confirm the following requirements, in accordance with section 4.5 above: - The equipment shall be delivered within the timeframe listed in section 4.2 above. - The Contractor shall: • Store or hold equipment until NCI is ready to accept the equipment at no additional cost; • The equipment shall not be sold to another business in the event NCI is not ready to accept delivery due to unanticipated changes related to COVID-19; and • Training as required by the Statement of Need shall be made available and provided to required staff at different times and dates, if required, at no additional cost. - The Contractor shall communicate and follow instructions from the TPOC to coordinate delivery, installation and training in accordance with the timeframes stated in sections 4.2 tough 4.3 above. The delivery address and TPOC’s information will be provided at the time of award and must be included as part of the order/shipping label. 8.2.2 QUOTER CERTIFICATION Quotes shall include one of the following: a) a completed copy of the provision at FAR 52.204-26 Covered Telecommunications Equipment or Services-Representation, dated October 2020 (see section 7.0 above); OR b) a copy of the firm’s completed annual representations and certification in SAM.gov, to include the completed provision at FAR 52.204-26 Covered Telecommunications Equipment or Services-Representation, dated October 2020. 8.2.3 PRICE QUOTE The price quotation must contain all information necessary to allow for a comprehensive evaluation of the items and prices quoted. Quotes must provide detailed pricing of the proposed items, including unit price, extended price, and discounts applied, as applicable. Quotes must also contain the following information: a. Federal Tax Identification Number (TIN); b. Data Universal Numbering System (DUNS) Number; and c. Business Size (e.g., small or large). 8.3 BASIS FOR AWARD & EVALUATION The purchase order shall be awarded to the firm that submits a technically acceptable quotation at the lowest price. A technically acceptable quote is one in which the quoter(s) complies with the Statement of Need (SON) and does not take exception, nor object to any of the terms of the RFQ. Quotes that are not technically acceptable will not be eligible for award. The award will be made on an all or none basis. Quoters providing an “equal” product must submit additional documentation that highlights and describes how its offering is equal in accordance with FAR Clause 52.211-6. Evaluation and award will be conducted in accordance with the requirements of FAR 13.106. The technical evaluation will be a determination based on information furnished by the quoter. The Government is not responsible for locating or securing any information which is not identified in the quotation. The Government intends to evaluate quotations and make a single award. Quotations should contain the quoter’s best terms from a price and technical standpoint. However, the Government reserves the right to request quote revisions that seek additional price discounts, provide revisions to the technical quote, or clarify aspects of the quote. In the event quote revisions are requested, the Government will not necessarily be seeking revisions from all quoters. The Government may reject any or all quotes if such action is in the public interest; accept other than the lowest quote; and waive informalities and minor irregularities in quotes received.
75N91021Q00206 Department of Health and Human Services National Institutes of Health National Cancer Institute
8/2/21, 5:49 PM