75N95021Q00067 Combined Synopsis.pdf

COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS

75N95021Q00067

Next Generation Sequencing (NGS) Analysis

General Information Document Type: Combined Solicitation/Synopsis Solicitation Number: 75N95021Q00067 Posted Date: 02/18/2021 Original Response Date: 03/01/2021 Current Response Date: 03/01/2021 Product or Service Code: 6505 Set Aside: None NAICS Code: 541690

Contracting Office Address

National Institute on Drug Abuse (NIDA) Office of Acquisition (OA) 11601 Landsdown Street Bethesda, MD 20892

Description

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Items,” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested, and a written solicitation document will not be issued.

This solicitation is a request for quotations (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition 2021-04 dated 01/19/2021.

This acquisition is for a commercial item or service and is conducted under the authority of the Federal Acquisition Regulation (FAR) Part 13 - Simplified Acquisition Procedures, and FAR Part 12 - Acquisition of Commercial Items and is not expected to exceed the simplified acquisition threshold.

The associated North American Industrial Classification System (NAICS) code for this procurement is 541690, Other Scientific and Technical Consulting Services, Small Business Size, $16.5 Million.

The Talmage lab (NIMH) requires analysis services for Next Generation Sequencing (NGS) data currently for bulk RNA-Seq experiments and for single-cell sequencing experiments.

The purchase Description and terms and conditions relevant to this requirement are included as attachments.

Delivery shall be provided in accordance with the terms provided in Attachment 1 Purchase Description.

The NIH may elect to discuss or obtain additional information and/or request revisions from only one Quoter or any number of Quoters in accordance with FAR Part 13 procedures. Quoter may be invited to give an Oral Presentation to present information to clarify or augment written information submitted.

The Government reserves the right to evaluate quotations and award a contract/order without discussions. Additionally, the Government reserves the right to make no award at all.

Solicitation Attachments

1. Attachment 1 Purchase Description

2. Attachment 2 Addendum

3. Attachment 3 52.204-24 Representation

4. Attachment 4 Invoice Instructions

5. Attachment 5 Guidance Invoice Submission Email

6. Attachment 6 Information Technology Systems Security- Prospective Offeror Non-Disclosure

Agreement http://oamp.od.nih.gov/sites/default/files/DGS/contracting-forms/Nondisclosure.pdf

7. Attachment 7 Commitment to Protect Non-Public Information Contractor Agreement https://ocio.nih.gov/aboutus/publicinfosecurity/acquisition/Documents/Nondisclosure.pdf

8. Attachment 8 Roster of Employees Requiring Suitability Investigations https://ocio.nih.gov/aboutus/publicinfosecurity/acquisition/Documents/SuitabilityRoster_10- 15-12.xlsx

9. Attachment 9 Employee Separation Checklist https://ocio.nih.gov/aboutus/publicinfosecurity/acquisition/Documents/Emp-sep-checklist.pdf

The full text of FAR provisions or clauses may be accessed electronically at http://acquisition.gov/comp/far/index.html.

The following solicitation provisions apply to this acquisition:

1. FAR 52.204-7 System for Award Management

2. FAR 52.204-16 Commercial and Government Entity Code Reporting

3. FAR 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance

Services or Equipment

• If Quoter has previously represented that it “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” in paragraph

(v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items (accessible at https://sam.gov/SAM/), it is NOT required to complete the certification at Attachment 3 – FAR 52.204-26 and 52.204-24 Certification.

• If the Quoter has NOT previously completed this representation, then it MUST complete the certification at Attachment 3 – FAR 52.204-26 and 52.204-24 Certification to be considered for award.

http://oamp.od.nih.gov/sites/default/files/DGS/contracting-forms/Nondisclosure.pdf https://ocio.nih.gov/aboutus/publicinfosecurity/acquisition/Documents/Nondisclosure.pdf https://ocio.nih.gov/aboutus/publicinfosecurity/acquisition/Documents/SuitabilityRoster_10-15-12.xlsx https://ocio.nih.gov/aboutus/publicinfosecurity/acquisition/Documents/SuitabilityRoster_10-15-12.xlsx https://ocio.nih.gov/aboutus/publicinfosecurity/acquisition/Documents/Emp-sep-checklist.pdf http://acquisition.gov/comp/far/index.html

4. FAR 52.212-1, Instructions to Offerors–Commercial Items

1. Please refer to this Attachment 2 Addendum for additional relevant information.

5. FAR 52.212-2, Evaluation – Commercial Items

Comparative Evaluation. The Government may perform a comparative evaluation (comparing offers to each other) in accordance with FAR 13.106-2(b)(3) to select the contractor that is best suited and provides the best value, considering the evaluation factors in this solicitation

(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:

1. TECHNICAL APPROACH – Ability of the Quoter to clearly understand the objectives of the Purchase Description and execute the project.

• The Quoter shall adequately describe its approach to project implementation in order to meet the contract requirements set forth in the solicitation and Attachment 1 Purchase Description

2. ORGANIZATIONAL EXPERIENCE – Degree to which Quoter demonstrates relevant and recent experience in the areas covered by the Purchase Description.

• The Quoter shall provide and discuss 3 examples of recent and relevant organizational projects. Contracts shall be completed within the past 5 years or contracts currently being performed. Vendor shall indicate their relevance to the solicitation requirements. Examples must include relevant information to include dates, description of project, and value.

All evaluation factors other than cost or price, when combined are significantly more important than cost or price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

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

6. FAR 52.212-3, Offerors Representations and Certifications–Commercial Items

• The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://beta.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v)) of this provision.

The following contract clauses apply to this acquisition:

1. 52.204-13 System for Award Management Maintenance

2. 52.204-18 Commercial and Government Entity Code Maintenance

3. FAR 52.212-4, Contract Terms and Conditions–Commercial Items

• Please refer to Attachment 2 Addendum for additional terms and conditions related to the requirement.

4. 52.217-7 Option for Increased Quantity-Separately Priced Line Item

5. FAR Clause 52.217-9, Option to Extend the Term of the Contract

6. 52.242-15 Stop-Work Order

7. FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders

The following subparagraphs of FAR 52.212-5 are applicable:

• 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct

2016) (Pub.L. 109-282) (31 U.S.C. 6101 note)

• 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section

743 of Div. C).52.209-6, Protecting the Government’s Interests when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

• 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101note).

• 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

• 52.219-28, Post Award Small Business Program Representation (JUL 3013) (15 U.S.C.

632(a)(2))

• 52.222-3, Convict Labor (June 2003) (E.O. 11755)

• 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2018) (E.O.

13126)

• 52.222-21, Prohibition of Segregated Facilities (APR 2015)

• 52.222-26, Equal Opportunity (APR 2015) (E.O. 11246)

• 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793)

• 52.222-50, Combating Trafficking in Persons (MAR 2015). (22 U.S.C. chapter 78 and E.O.

13627)

• 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG

2011) (E.O. 13513)

• 52.225-1, Buy American Act--Supplies (MAY 2014) (41 U.S.C. 10a-10d)

• 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (MAY 2014) (41

U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 https://beta.sam.gov/ https://www.acquisition.gov/content/52204-14-service-contract-reporting-requirements#i1064214

U.S.C. 4001 note, Pub. L. 103-182, Pub. L. 108-77, 108-78, 108-286, 108-302 109-53, 109- 169, 109-283, 110-138, Pub. L.112-41, 112-42 and 112-43).

• __ (ii) Alternate I (MAY 2014) of 52.225-3.

• __ (iii) Alternate II (MAY 2014) of 52.225-3.

• _X_ (iv) Alternate III (MAY 2014) of 52.225-3.

• 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008)

• 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (JUL 2013) (31 U.S.C. 3332)

8. FAR clause 52.227-14, Rights in Data-General (MAY 2014)

The following additional contract requirement(s) or terms and conditions as determined by the contracting officer are necessary for this acquisition:

1. CONTRACTING OFFICER'S REPRESENTATIVE

The following Contracting Officer's Representative (COR) will represent the Government for the purpose of this contract:

[To be named at time of award]

The COR is responsible for: (1) monitoring the Contractor's technical progress, including the surveillance and assessment of performance and recommending to the Contracting Officer changes in requirements; (2) interpreting the statement of work and any other technical performance requirements; (3) performing technical evaluation as required; (4) performing technical inspections and acceptances required by this contract; and (5) assisting in the resolution of technical problems encountered during performance.

The Contracting Officer is the only person with authority to act as agent of the Government under this contract. Only the Contracting Officer has authority to: (1) direct or negotiate any changes in the statement of work; (2) modify or extend the period of performance; (3) change the delivery schedule; (4) authorize reimbursement to the Contractor for any costs incurred during the performance of this contract; (5) otherwise change any terms and conditions of this contract; or (6) sign written licensing agreements. Any signed agreement shall be incorporated by reference in Section K of the contract

The Government may unilaterally change its COR designation

2. 352.224-71 Confidential Information (December 18, 2015)

(a) Confidential Information, as used in this clause, means information or data of a personal nature about an individual, or proprietary information or data submitted by or pertaining to an institution or organization.

(b) Specific information or categories of information that the Government will furnish to the Contractor, or that the Contractor is expected to generate, which are confidential may be identified elsewhere in this contract. The Contracting Officer may modify this contract to identify Confidential Information from time to time during performance.

(c) Confidential Information or records shall not be disclosed by the Contractor until:

(1) Written advance notice of at least 45 days shall be provided to the Contracting Officer of the Contractor's intent to release findings of studies or research, to which an agency response may be appropriate to protect the public interest or that of the agency.

(2) For information provided by or on behalf of the government,

(i) The publication or dissemination of the following types of information are restricted under this contract: Personally Identifiable Information

(ii) The reason(s) for restricting the types of information identified in subparagraph (i) is/are:

ANY BASIS FOR NONDISCLOSURE WHICH WOULD BE VALID UNDER THE FREEDOM OF

INFORMATION ACT IS SUFFICIENT UNDER THIS CLAUSE: Information that, if disclosed, would invade another individual’s personal privacy.

(iii) Written advance notice of at least 45 days shall be provided to the Contracting Officer of the Contractor's intent to disseminate or publish information identified in subparagraph (2)(i).

The contractor shall not disseminate or publish such information without the written consent of the Contracting Officer.

(d) Whenever the Contractor is uncertain with regard to the confidentiality of or a property interest in information under this contract, the Contractor should consult with the Contracting Officer prior to any release, disclosure, dissemination, or publication.

3. Electronic and Information Technology Accessibility, HHSAR 352.239-73(a)

Electronic and Information Technology Accessibility Notice (December 18, 2015)

(a) Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), as amended by the Workforce Investment Act of 1998 and the Architectural and Transportation Barriers Compliance Board Electronic and Information (EIT) Accessibility Standards (36 CFR part 1194), require that when Federal agencies develop, procure, maintain, or use electronic and information technology, Federal employees with disabilities have access to and use of information and data that is comparable to the access and use by Federal employees who are not individuals with disabilities, unless an undue burden would be imposed on the agency.

Section 508 also requires that individuals with disabilities, who are members of the public seeking information or services from a Federal agency, have access to and use of information and data that is comparable to that provided to the public who are not individuals with disabilities, unless an undue burden would be imposed on the agency.

(b) Accordingly, any offeror responding to this solicitation must comply with established HHS EIT accessibility standards. Information about Section 508 is available at http://www.hhs.gov/web/508. The complete text of the Section 508 Final Provisions can be accessed at http://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-section-508-standards.

https://www.hhs.gov/web/508 http://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-section-508-standards http://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-section-508-standards

(c) The Section 508 accessibility standards applicable to this solicitation are stated in the clause at 352.239-74, Electronic and Information Technology Accessibility.

In order to facilitate the Government’s determination whether proposed EIT supplies meet applicable Section 508 accessibility standards, offerors must submit an HHS Section 508 Product Assessment Template, in accordance with its completion instructions. The purpose of the template is to assist HHS acquisition and program officials in determining whether proposed EIT supplies conform to applicable Section 508 accessibility standards. The template allows offerors or developers to self-evaluate their supplies and document—in detail—whether they conform to a specific Section 508 accessibility standard, and any underway remediation efforts addressing conformance issues. Instructions for preparing the HHS Section 508 Evaluation Template are available under Section 508 policy on the HHS website http://www.hhs.gov/web/508.

In order to facilitate the Government’s determination whether proposed EIT services meet applicable Section 508 accessibility standards, offerors must provide enough information to assist the Government in determining that the EIT services conform to Section 508 accessibility standards, including any underway remediation efforts addressing conformance issues.

(d) Respondents to this solicitation must identify any exception to Section 508 requirements. If a offeror claims its supplies or services meet applicable Section 508 accessibility standards, and it is later determined by the Government, i.e., after award of a contract or order, that supplies or services delivered do not conform to the described accessibility standards, remediation of the supplies or services to the level of conformance specified in the contract will be the responsibility of the Contractor at its expense.

4. 352.239-74 Electronic and Information Technology Accessibility.

Electronic and Information Technology Accessibility (December 18, 2015)

(a) Pursuant to Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), as amended by the Workforce Investment Act of 1998, all electronic and information technology (EIT) supplies and services developed, acquired, or maintained under this contract or order must comply with the “Architectural and Transportation Barriers Compliance Board Electronic and Information Technology (EIT) Accessibility Standards” set forth by the Architectural and Transportation Barriers Compliance Board (also referred to as the “Access Board”) in 36 CFR part 1194.

Information about Section 508 is available at http://www.hhs.gov/web/508. The complete text of Section 508 Final Provisions can be accessed at http://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-section-508-standards.

(b) The Section 508 accessibility standards applicable to this contract or order are identified in the Statement of Work or Specification or Performance Work Statement. The contractor must provide any necessary updates to the submitted HHS Product Assessment Template(s) at the end of each contract or order exceeding the simplified acquisition threshold (see FAR 2.101) when the contract or order duration is one year or less. If it is determined by the Government that EIT supplies and services provided by the Contractor do not conform to the described accessibility standards in the contract, remediation of the supplies or services to the level of https://www.hhs.gov/grants/contracts/contract-policies-regulations/hhsar/part-352-solicitation-provisions-contract-clauses/index.html#352.239-74 https://www.hhs.gov/web/508 conformance specified in the contract will be the responsibility of the Contractor at its own expense.

(c) The Section 508 accessibility standards applicable to this contract are:

• Electronic Reports/Deliverables are submitted in electronic format which shall be compliant with Section 508 of the Rehabilitation Act of 1973

(d) In the event of a modification(s) to this contract or order, which adds new EIT supplies or services or revises the type of, or specifications for, supplies or services, the Contracting Officer may require that the contractor submit a completed HHS Section 508 Product Assessment Template and any other additional information necessary to assist the Government in determining that the EIT supplies or services conform to Section 508 accessibility standards.

Instructions for documenting accessibility via the HHS Section 508 Product Assessment Template may be found under Section 508 policy on the HHS website:

(http://www.hhs.gov/web/508). If it is determined by the Government that EIT supplies and services provided by the Contractor do not conform to the described accessibility standards in the contract, remediation of the supplies or services to the level of conformance specified in the contract will be the responsibility of the Contractor at its own expense.

5. (e) If this is an Indefinite Delivery contract, a Blanket Purchase Agreement or a Basic Ordering Agreement, the task/delivery order requests that include EIT supplies or services will define the specifications and accessibility standards for the order. In those cases, the Contractor may be required to provide a completed HHS Section 508 Product Assessment Template and any other additional information necessary to assist the Government in determining that the EIT supplies or services conform to Section 508 accessibility standards. Instructions for documenting accessibility via the HHS Section 508 Product Assessment Template may be found at http://www.hhs.gov/web/508. If it is determined by the Government that EIT supplies and services provided by the Contractor do not conform to the described accessibility standards in the provided documentation, remediation of the supplies or services to the level of conformance specified in the contract will be the responsibility of the Contractor at its own expense.

Additional Solicitation Information

Please be advised that the National Institute on Neurological Disorders and Stroke (NINDS), National Institutes of Health (NIH) is a Federal agency. Your mass-market commercial sales and/or license agreement terms and conditions may include provisions that are customarily found in the commercial sector but which are not enforceable under a contract with a Federal agency.

In accordance with FAR 52.212-4(u), NIH considers unenforceable any provision in your mass-market commercial sales and/or license agreement terms and conditions that are inapplicable to Federal procurement contracts, including, without limitation, any term or condition that:

1) Contravenes a right granted NIH under U.S. copyright law (e.g., fair use, right to archive, copying for interlibrary loan),

2) Violates the Federal Acquisition Regulation or other Federal law (e.g., Antideficiency Act, Principles of Federal Appropriations Law),

3) Departs from reasonable consumer expectations, or

4) Violates fundamental public policy.

By submission of a quotation/proposal and execution of the order/contract, the Contractor hereby accepts and agrees to the terms and conditions of the order/contract.

The Defense Priorities and Allocations System (DPAS) are not applicable to this requirement.

This is an open-market combined synopsis/solicitation for services as defined herein. The government intends to award firm-fixed price purchase order as a result of this combined synopsis/solicitation that will include the terms and conditions set forth herein.

Submission shall be received not later than 02/18/2021 12:00 PM EST. Late submissions shall be treated in accordance with the solicitation provision at FAR 52.212-1(f). Faxed responses will not be accepted.

Any questions or concerns regarding this solicitation should be forwarded in writing via e-mail to the contracting officer, Arun Mathur, arun.mathur@nih.gov by 12:00 PM EST on 02/22/2021.

All responses must reference the RFQ number.

Point of Contact Arun Mathur, arun.mathur@nih.gov mailto:arun.mathur@nih.gov