75N95022Q00533 Combined Synopsis.pdf

COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS

75N95022Q00533

Environmental chambers

General Information Document Type:

Solicitation Number:

Posted Date:

Original Response Date:

Current Response Date:

Product or Service Code:

Set Aside:

NAICS Code:

Combined Solicitation/Synopsis 75N95022Q00533 08/30/2022 09/06/2022 09/06/2022 None 334516

Contracting Office Address

National Institute on Drug Abuse (NIDA) Office of Acquisition (OA)

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 2022-07 dated 08/10/2022.

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 334516, Analytical Laboratory Instrument Manufacturing, Small Business Size, 1000 employees.

National Institute of Neurological Disorders and Stroke (NINDS), Dendrite Morphogenesis and Plasticity Unit (DMPU) plans to purchase insect rearing chambers to serve the need of Drosophila stock maintenance and behavior experiments.

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.

A virtual demonstration may be required as part of evaluation, if determined to be in the best interest of the Government. 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 52.204-06 Representation

4. Attachment 4 52.225-4 Trade Agreements Certificate

5. Attachment 5 Invoice Instructions

6. Attachment 6 SAP IPP Invoice Instructions

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. 52.204-17 Ownership or Control of Offeror

4. 52.204-20 Predecessor of Offeror

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

Services or Equipment

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

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 certifications at Attachment 2 and 3 – FAR 52.204-26 and 52.204-24 Certification. If this is applicable, please indicate in writing in your response.

If the Quoter has NOT previously completed this representation, then it MUST complete the certification at Attachment 2 and 3 - Representations and Certifications to be considered for award.

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 http://acquisition.gov/comp/far/index.html

• 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 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:

• Solicitation Number

• Quotation Number

• Submission and Expiration Date of Quotation

• Company’s Full Name and Address

• Company’s Unique Entity ID Number, CAGE Code and TIN Number

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

7. 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 delivery, installation and training requirement

• Evidence of ability to provide an Original Equipment Manufacturer (OEM) certified service technician to perform warranty service

• Extent of warranty offered to meet or exceed requirement as described in the

“Warranty 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.

8. 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://www.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.

9. FAR 52.214-34 Submission of Offers in the English Language

10. FAR 52.214-35 Submission of Offers in U.S. Currency

11. FAR 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate

12. FAR 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or

Transactions Relating to Iran—Representation and Certifications

The following contract clauses apply to this acquisition:

1. FAR 52.204-13 System for Award Management Maintenance.

2. FAR 52.204-18 Commercial and Government Entity Code Maintenance

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

Services or Equipment

4. FAR 52.212-4, Contract Terms and Conditions– Commercial Products and Commercial Services

5. FAR 52.225-3, Alternate II, Buy American-Free Trade Agreements-Israeli Trade Act

6. FAR 52.242-15 Stop-Work Order

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

Commercial Products and Commercial Services

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) https://www.sam.gov/

• 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)

• 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)

• 52.222-54 Employment Eligibility Verification

• 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

NIH is using a phased transition approach from the NIH Office of Financial Management (OFM) Electronic Invoice Submission instructions to the Department of Treasury’s Invoice Processing Platform (IPP). This award will transition to IPP in the future. The Contractor/Vendor shall use Attachment 5 – Electronic Invoice Submission Instructions until the contractor/vendor is notified of its transition to IPP

All IPP invoices must contain a Unique Entity Identifier (UEI) which is located in the System for Award Management (SAM) and replaces the Dun & Bradstreet Data Universal Numbering System (DUNS) number.

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 09/06/2022 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 12:00 PM EST on 09/01/2022.

All communication and responses must reference the RFQ number.