75N95023Q00164 Combined Synopsis Solicitation.pdf

COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS

75N95023Q00164

Liquid Helium for the NINDS 11.7 T human MRI scanner

General Information Document Type: Combined Solicitation/Synopsis Solicitation Number: 75N95023Q00164 Posted Date: 03/17/2023 Original Response Date: 03/23/2023 Current Response Date: 03/23/2023 Product or Service Code: 6810 Set Aside: None NAICS Code: 325120

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 2023-02 dated 03/16/2023.

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 325120, Industrial Gas Manufacturing, Small Business Size, 1000 employees.

The National Institute on Drug Abuse (NIDA), Office of Acquisition (OA, on behalf of the National Institute of Neurological Disorders and Stroke (NINDS) is seeking to purchase a large quantity of liquid helium to cool an ultra-high magnetic field 11.7 T human MRI scanner.

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 52.225-2 Buy American Certificate

4. Attachment 4 52.225-6 trade Agreements Certificates

5. Attachment 5 Sample Order 1

6. Attachment 6 Sample Order 2

7. Attachment 7 Sample Pricing Table 1

8. Attachment 8 Sample Pricing Table 2

9. Attachment 9 Invoice Instructions - IPP

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

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):

https://www.acquisition.gov/ https://www.hhs.gov/grants/contracts/contract-policies-regulations/hhsar/part-352-solicitation-provisions-contract-clauses/index.html

(End of provision)

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 (Aug 2020)

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

Services or Equipment (Nov 2021)

4. FAR 52.212-1, Instructions to Offerors–Commercial Products and Commercial Services (Mar 2023)

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

Potential offerors are advised of the following:

• Each response must at a minimum meet the solicitation requirements http://acquisition.gov/comp/far/index.html https://www.acquisition.gov/

• Responses may exceed requirements

• Sample pricing, for sample order 1 and sample order 2

• 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.

Responses must include the place of manufacturing (i.e. address if supply/equipment is a domestic end product and include country of manufacture). Additionally, responses must address availability of domestic sources manufactured in the United States in sufficient and reasonably available commercial quantities and of a satisfactory quality. In case domestic sources are available and capable of fulfilling the Government’s need, the Government will use evaluation preferences in accordance with FAR 25.

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 Products and Commercial Services (Nov 2021)

(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 this document and Attachment 1 Purchase Description

• Contractor shall demonstrate their capability of providing the required quantities on schedule for the continuing deliveries.

• The Contractor shall provide a list of three (3) past performance references with knowledge of the contractor’s ability to meet established delivery schedules.

References shall include the following information:

Name of Organization Description of Contractor’s responsibilities as they relate to this Purchase

Description Contract Period of Performance Contact Name and Title Telephone Number E-mail address

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

(b) 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 Products and Commercial Services (Dec 2022)

• 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 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.

7. FAR 52.217-5 Evaluation of Option (Jul 1990)

8. FAR 52.225-2 Buy American Certificate (Oct 2022)

9. FAR 52.225-6 Trade Agreements Certificate (Feb 2021)

10. HHSAR 352.222-70 Contractor Cooperation in Equal Employment Opportunity Investigations (Dec

18, 2015).

11. HHSAR 352.223-70 Safety and Health (Dec 18, 2015).

12. HHSAR 352.239-73 Electronic Information and Technology Accessibility Notice (Dec 18, 2015).

https://beta.sam.gov/

13. HHSAR 352.239-74 Electronic Information and Technology Accessibility (Dec 18, 2015).

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):

https://www.acquisition.gov/ https://www.hhs.gov/grants/contracts/contract-policies-regulations/hhsar/part-352-solicitation-provisions-contract-clauses/index.html

(End of clause)

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 (Aug 2020)

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

Services or Equipment (Nov 2021)

4. FAR 52.208-8 Required Sources for Helium and Helium Usage Data (Aug 2018)

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

2022)

6. FAR 52.216-2 Economic Price Adjustment – Standard Supplies (Nov 2021)

7. FAR 52.223-3 Hazardous Material Identification and Material Safety Data (Feb 2021) – Alternate I

(Jul 1995)

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

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

Commercial Products and Commercial Services (Mar 2023)

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 (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655)

• 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. (Nov 2021) (31 U.S.C. 6101 note).

• 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

(Oct 2022) (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 (May 2023) (15 U.S.C.

632(a)(2))

• 52.222-3, Convict Labor (June 2003) (E.O. 11755) https://www.hhs.gov/grants/contracts/contract-policies-regulations/hhsar/part-352-solicitation-provisions-contract-clauses/index.html https://www.hhs.gov/grants/contracts/contract-policies-regulations/hhsar/part-352-solicitation-provisions-contract-clauses/index.html

• 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Dec 2022) (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 (Nov 2021). (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 (Oct 2022) (41 U.S.C. chapter 83)

• 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).

• 52.225-5, Trade Agreements (Dec 2022) (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))

The planned contract type is indefinite delivery, indefinite quantity (IDIQ) with one 12-month base period, with the issuance of firm-fixed-price delivery orders. The following clauses are applicable:

1. FAR 52.216-18 Ordering (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued for the Base Period from date of award through 12 months, Option 1 Ordering Period 1:

12 months, and Option 2 Ordering Period 12 months.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of clause)

2. FAR 52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than one (1) 250-Liter Dewar, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor-

(1) Any order for a single item in excess of the total estimated contract amount;

(2) Any order for a combination of items in excess of the total estimated contract amount; or

(3) A series of orders from the same ordering office within five (5) calendar days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within five (5) calendar days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

3. FAR 52.216-22 Indefinite Quantity (Oct 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 5/31/2026.

(End of clause)

4. FAR 52.217-7 Option for Increased Quantity-Separately Priced Line Item (Mar 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within the current period of performance.

Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

(End of clause)

5. 52.217-9 Option to Extend the Term of the Contract (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within the ordering period of the IDIQ contract; provided that the Government gives the Contractor a preliminary written notice of its intent to extend within the ordering period of the IDIQ contract. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 3 years.

(End of clause)

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.

Material Safety Data Sheets (MSDS) At a minimum, the contractor shall comply with applicable Occupational Safety and Health Administration (OSHA) Regulations. The contractor will provide the Material Safety Data Sheets (MSDS) for chemicals used on the site in accordance with provisions of the OSHA Hazard

Communication Act. The contractor must keep a binder containing all MSDS for chemicals approved for use at the worksite—where it is readily available for employees and emergency responders at NIH.

Occupational Safety and Health Administration - Hazard Communication Standard: Safety Data Sheets The Hazard Communication Standard (HCS) (29 CFR 1910.1200(g)), revised in 2012, requires that the chemical manufacturer, distributor, or importer provide Safety Data Sheets (SDSs) (formerly MSDSs or Material Safety Data Sheets) for each hazardous chemical to downstream users to communicate information on these hazards. The information contained in the SDS is largely the same as the MSDS, except now the SDSs are required to be presented in a consistent user-friendly, 16-section format.

This brief provides guidance to help workers who handle hazardous chemicals to become familiar with the format and understand the contents of the SDSs.

The SDS includes information such as the properties of each chemical; the physical, health, and environmental health hazards; protective measures; and safety precautions for handling, storing, and transporting the chemical. The information contained in the SDS must be in English (although it may be in other languages as well). In addition, OSHA requires that SDS preparers provide specific minimum information as detailed in CFR 1910.1200. The SDS preparers may also include additional information in various section(s).

Sections 1 through 8 contain general information about the chemical, identification, hazards, composition, safe handling practices, and emergency control measures (e.g., fire fighting). This information should be helpful to those that need to get the information quickly. Sections 9 through 11 and 16 contain other technical and scientific information, such as physical and chemical properties, stability and reactivity information, toxicological information, exposure control information, and other information including the date of preparation or last revision. The SDS must also state that no applicable information was found when the preparer does not find relevant information for any required element.

The SDS must also contain Sections 12 through 15, to be consistent with the UN Globally Harmonized System of Classification and Labeling of Chemicals (GHS), but OSHA will not enforce the content of these sections because they concern matters handled by other agencies.

A description of all 16 sections of the SDS, along with their contents, is presented in the link below:

https://www.osha.gov/Publications/OSHA3514.html

CONTRACTING OFFICER'S REPRESENTATIVE (COR)

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 https://www.osha.gov/Publications/OSHA3514.html 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 the contract.

The Government may unilaterally change its COR designation.

POST AWARD EVALUATION OF CONTRACTOR PERFORMANCE

a. Contractor Performance Evaluations

Interim and Final evaluations of Contractor performance will be prepared on this contract in accordance with FAR Subpart 42.15. The Final performance evaluation will be prepared at the time of completion of work. In addition to the Final evaluation, Interim evaluation(s) will be prepared Annually at 12-month intervals after award.

Interim and Final evaluations will be provided to the Contractor as soon as practicable after completion of the evaluation. The Contractor will be permitted thirty days to review the document and to submit additional information or a rebutting statement. If agreement cannot be reached between the parties, the matter will be referred to an individual one level above the Contracting Officer, whose decision will be final.

Copies of the evaluations, Contractor responses, and review comments, if any, will be retained as part of the contract file, and may be used to support future award decisions.

b. Electronic Access to Contractor Performance Evaluations Contractors may access evaluations through a secure Web site for review and comment at the following address:

http://www.cpars.gov

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 an IDIQ contract for one 12-month base period as a result of this combined synopsis/solicitation that will include the terms and conditions set forth herein. The issuance of firm-fixed price delivery orders for liquid helium shall obligate fiscal year funds.

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 and Rieka Plugge, rieka.plugge@nih.gov.

http://www.cpars.gov/ mailto:arun.mathur@nih.gov mailto:rieka.plugge@nih.gov

Submission shall be received not later than 03/23/2023 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 03/20/2023.

All communication and responses must reference the RFQ number.

5. 52.217-9 Option to Extend the Term of the Contract (Mar 2000)