75N95021Q00223 Combined Synopsis Solicitation.pdf

COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS

75N95021Q00223

Brand Name or Equal Confocal laser scanning microscopy system

General Information Document Type: Combined Solicitation/Synopsis Solicitation Number: 75N95021Q00223 Posted Date: 09/09/2021 Original Response Date: 09/16/2021 Current Response Date: 03/08/2021 Product or Service Code: 6640 Set Aside: None NAICS Code: 334516

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 21-06 dated 07-12-2021.

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, FAR Subpart 13.5 - Simplified Acquisition Procedures and FAR Part 12 - Acquisition of Commercial Items and is expected to exceed the simplified acquisition threshold.

The associated North American Industrial Classification System (NAICS) code for this procurement is 334516, Analytical Laboratory Instrument Manufacturing, Small Business Size, 1000 employees.

The Neuromuscular and Neurogenetic Disorders of Childhood Section at NINDS studies cellular and animal models of neuromuscular diseases and is in need of a confocal fluorescence imaging system with the specifications described in this document and the purchase description.

Please see Attachment 1 Purchase Description for further details and requirements.

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 52.204-24 Representation

3. Attachment 3 Invoice Instructions

4. Attachment 4 52.225-2 Buy American Certificate

5. Attachment 5 52.225-6 Trade Agreements Certificate

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 (Oct 2018)

2. FAR 52.204-16 Commercial and Government Entity Code Reporting (Jul 2016)

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

Services or Equipment (Oct 2020)

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

All quoters shall submit the following: One (1) electronic copy of their response with all applicable attachments listed above completed.

Potential offerors are advised of the following:

• Each response must at a minimum meet the solicitation requirements

• Responses may exceed requirements

• The Government reserves the right to select a response that provides benefit to the

Government that exceeds the minimum

• The Government is not required to select a response that exceeds the minimum

• The Government is not requesting or accepting alternate proposal(s)

Information requested herein must be furnished in writing, fully and completely in compliance with the solicitation. The information requested and the manner of submittal is essential to permit prompt evaluation of all offers on a fair and uniform basis. Simple statements of compliance (i.e., “understood”; “will comply”) or phrases such as “standard procedures will be used” or “well known techniques will be utilized” and other generalities, without the detailed description of how compliance will be met, may not be considered sufficient evidence that the proposal can http://acquisition.gov/comp/far/index.html technically meet the project requirements. Accordingly, any proposal in which material information requested is not furnished or where indirect or incomplete answers or information are provided may be considered not acceptable.

Quoters shall provide the following for each line item in their response:

• Part number

• Part description

• Period of warranty

• Place of manufacture

• Total price

• Any applicable discounts

• Any other information that is relevant to the award decision

Additionally, the following information shall be included on the first page of Quoter’s response:

• Company’s Full Name and Address

• Company’s DUNS Number and CAGE Code

• Name, Telephone Number, and Email Address of Person Authorized to provide Quote

5. FAR 52.212-2, Evaluation – Commercial Items

(a) 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.

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:

• Technical capability of the item(s) offered to meet or exceed the Government requirement as described in Attachment 1

• Plan for carrying out all phases of the Government requirement for delivery, installation, and training as detailed in the “Delivery, Installation and Training” section of Attachment 1

• Evidence of ability to provide an Original Equipment Manufacturer (OEM) certified service technician to perform equipment setup and installation as described in the “Other Requirements” section of Attachment 1

• Extent of warranty offered to meet or exceed requirement as described in the “Other Requirements” section of Attachment 1

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

(b) 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.

7. FAR 52.225-2 Buy American Certificate

8. FAR 52.225-6 Trade Agreements Certificate (May 2014)

The following contract clauses apply to this acquisition:

1. FAR 52.204-13 System for Award Management Maintenance. (Oct 2018)

2. FAR 52.204-18 Commercial and Government Entity Code Maintenance (Jul 2016)

3. FAR 52.204-25 Prohibition on Contracting for Certain Telecommunication and Video Surveillance

Services or Equipment

4. FAR 52.211-6 Brand Name or Equal

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

6. FAR 52.242-15 Stop-Work Order (Aug. 1989)

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:

• 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with

Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402)

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

2020) (Pub.L. 109-282) (31 U.S.C. 6101 note)

• 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment. (Jun 2020) (31 U.S.C. 6101note).

• 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

(Oct 2018) (41 U.S.C. 2313)

• 52.219-4, (i), 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)

• 52.219-28, Post Award Small Business Program Representation (Nov 2020) (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 2020) (E.O.

13126)

• 52.222-21, Prohibition of Segregated Facilities (Apr 2015) https://beta.sam.gov/

• 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246)

• 52.222-35, (i) Equal opportunity for Veterans (Jun 2020) (38 U.S.C. 4212)

• 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793)

• 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212)

• 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec

2010) (E.O. 13496)

• 52.222-50, Combating Trafficking in Persons (Oct 2020). (22 U.S.C. chapter 78 and E.O.

13627)

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

2020) (E.O. 13513)

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

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

• 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note)

• 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct

2018) (31 U.S.C. 3332))

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 solicitation for supplies 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.

Exchanges of source selection information between Government and offerors will be controlled by the Contracting Officer. Submissions and any questions or concerns shall be submitted electronically to Arun Mathur, arun.mathur@nih.gov

Submission shall be received not later than 09/16/2021 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 by 10:00 AM EST on 09/13/2021.

All communication and responses must reference the RFQ number.