Attachment 1_CombSynp_75N91022Q00161.pdf

COMBINED SYNOPSIS / SOLICITATION NOTICE

RFQ # 75N91022Q00161

1.0 TITLE

Procurement of One (1) Li‐COR Odyssey M Imaging System, or Equivalent, for the Urologic Oncology Branch

2.0 BACKGROUND

The National Cancer Institute (NCI), Center for Cancer Research (CCR), Urinary Oncology Branch (UOB) participates in Research Toward a Cure, an ongoing effort to develop research tools that enhance scientists’ technical capabilities and advance cancer research. As part of this effort, researchers can now pinpoint several characteristic physical and functional traits that distinguish cancer cells from normal cells. These traits enable transformed cells to bypass normal regulatory processes and divide in an uncontrolled manner in the body.

UOB researchers require an imaging system for digital scanning of western blots, visualization of protein and DNA gels, and scanning of microplates. This instrument is intended to be used by UOB and will be housed in the main UOB labs. The NCI anticipates that most lab workers will utilize this instrument, as western blotting remains a mainstay technique in the Branch.

Furthermore, several individuals in the Branch will be moving from developing their westerns using films to digital scanning of blots to reduce the generation of physical records going forward.

UOB is currently using a 20+ year old original Li‐Cor Odyssey scanner instrument, which has only two wavelengths available, is very slow to scan, and is too old to be repaired if it breaks because spare parts are no longer available. Thus, the UOB requires a new instrument to continue its research.

3.0 TYPE OF ORDER

This is a Firm‐Fixed‐Price Purchase Order for supplies.

4.0 PURCHAE ORDER REQUIREMENTS

4.1 PRODUCT CONFIGURATION

The brand name configuration includes the following:

ITEM # MFR PRODUCT # DESCRIPTION QTY

1 3350‐01 Odyssey M (Chemi/Fluor) – Data Integrity Bundle.

2 3340‐82E Odyssey M Standard Extended Warranty

RFQ # 75N91022Q00161

ITEM # MFR PRODUCT # DESCRIPTION QTY

3 9141‐510E Empiria Studio Software User Licenses

4 N/A Shipping & Handling N/A

4.2 PRODUCT FEATURES/SALIENT CHARACTERISTICS

The following product features/characteristics are required and must be met by the benchtop infrared scanner. The instrument shall:

Occupy a space no larger than 24” x 24” x 30” due to existing space.

Be capable of not requiring users to adjust exposure times or optical settings (e.g., laser intensity) to obtain non‐saturated images with, at a minimum, the following features and specifications:

a. Adaptive Lane Finding

b. Finding lanes automatically without variablilty

c. User‐to‐user consistency

d. Data Reliability

e. Adaptive Background Subtraction

f. Adapt to image backgrounds and automatically remove them

g. Reduce user‐to‐user variability

h. Overcome band saturation

i. Demonstrate membrane saturation

Include near infrared detection at 700 nm and 800 nm wavelengths, 600nm diffused light source for detection of bands in the visible light range, as well as chemiluminescence detection, all in the same instrument.

Include no fewer than two solid state diode lasers, with 685 nm and 785 nm emission maxima, respectively.

Exhibit dynamic detection range of greater than 6 logs in a single scan acquisition.

Be equipped with FieldBrite™ XT2 Technology or equivalent. At a minimum, the instrument shall be capable of CV <3% across field.

Ensure consistent, reproducible, high‐throughput results through automated processes including at a minimum auto setup, auto focus, auto exposure, auto overlay, auto analysis, auto reports and auto printing.

RFQ # 75N91022Q00161

Software must be compatible with previous archival Licor scan files and format (*.ghg) and allow for editing and analysis of archival Licor data files.

Include a user‐friendly workstation interface. The workstation interface shall come equipped with software that, at a minimum, allows for the user to automatically generate a combined linear range chart to demonstrate the location in the dilution range where saturation begins.

Include intuitive, user‐friendly software features, such as guided assay development and options for manual or automated data analysis. The software must include Adaptive Lane Finding and Adaptive Background Subtraction, or equivalent. The software must directly control and manage the instrument.

Be equipped with a 6mm depth of field.

Provide a laser lifetime of at least 20,000 hours of operation.

Include automatic focusing.

4.3 WARRANTY

The Contractor shall warrant that any instruments, equipment, components, or other supplies

(“Supplies”) procured by this purchase are free of defects in design, material, or manufacture for a period of at least 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 contract in accordance with FAR 52.212‐4(o).

The Contractor shall warrant that all consumables or expendable parts are free of defects in design, material, or manufacture for a period of at least 90 calendar days from date of acceptance by 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.

5.0 DELIVERY / INSTALLATION

The Contractor shall ship all supplies FOB Destination.

The Contractor shall coordinate delivery and tracking information with the NCI Technical Point of Contact (TPOC) with tracking information to anticipate delivery to the best extent possible.

All shipping/handling (including FOB) and delivery/installation fees shall be included in the

RFQ # 75N91022Q00161

quote. Upon delivery, the Contractor shall notify the TPOC to schedule the installation date and time. Installation shall be performed by, or under the direct supervision of, an operator certified by the Original Equipment Manufacturer (OEM).

The Contractor shall deliver and install the equipment at the following address:

NIH/NCI

9000 Rockville Pike Building 10 CRC, room 1W‐5888 Bethesda, MD 20892

Pursuant to FAR 52.212‐4, all supplies and services to be delivered under this task order are subject to final inspection and acceptance by and authorized representative of the Government. The authorized representative is the following individual:

TPOC:

TBD at award

5.1 TRAINING

Within 30 calendar days of installation, the Contractor shall provide at least one day of on‐site training covering topics including the scanner image acquisition functionalities and end‐user maintenance for up to 25 NCI users. All training expenses – including materials and/or travel expenses – shall be included in the fixed price of this order.

Training shall be delivered to end‐users at the following location:

NIH/NCI

9000 Rockville Pike Building 10 CRC, room 1W‐5888 Bethesda, MD 20892

5.2 SPECIAL DELIVERY INSTRUCTIONS DUE TO COVID‐19

Due to the current COVID‐19 pandemic, please 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 required supplies shall be available for delivery by the due date indicated in this Purchase Order.

The supplies will not be sold to another company in the event NCI is not ready to accept delivery due to unanticipated changes related to COVID‐19. The Contractor shall store or hold supplies until NCI is ready to accept the supply at no additional cost.

RFQ # 75N91022Q00161

5.3 SCHEDULE OF DELIVERABLES

The Contractor shall furnish all deliverables in accordance with this SON and the delivery schedule below. Should problems arise in delivery of any item, the Contractor shall notify the TPOC as soon as practical, no later than five days after discovery of the delay.

DELIVERABLE NUMBER DELIVERABLE DESCRIPTION DUE DATE

1 Imaging Instrument 150 calendar days after Purchase Order Award

2 Imaging Instrument Software 150 calendar days after Purchase Order Award

3 Installation of Instrument 30 calendar days after delivery

4 Training for NCI personnel 30 calendar days after installation

6.0 PAYMENT

Payment shall be made once, in full, upon delivery, inspection, and acceptance by the Government. Payment authorization requires submission and approval of invoices in accordance with the attached payment provisions.

7.0 PURCHASE ORDER CLAUSES

FAR 52.212‐5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS ‐ COMMERCIAL ITEMS (MAY 2022)

(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 (NOV 2021) (Section 1634 of Pub. L. 115‐91).

RFQ # 75N91022Q00161

(3) 52.204‐25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (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:

_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).

_X_ (8) 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).

_X_ (22)(i) 52.219‐28, Post Award Small Business Program Representation (SEP 2021) (15 U.S.C. 632(a)(2)).

_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 2022) (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.

_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.

_X_ (35)(i) 52.222‐50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

RFQ # 75N91022Q00161

_X_ (44) 52.223‐18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

_X_ (48) 52.225‐1, Buy American‐Supplies (NOV 2021) (41 U.S.C. chapter 83).

_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).

_X_ (55) 52.229‐12, Tax on Certain Foreign Procurements (FEB 2021).

_X_ (58) 52.232‐33, Payment by Electronic Funds Transfer‐System for Award Management (OCT 2018) (31 U.S.C. 3332).

(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 (JAN 2022).

___ (8) 52.222‐62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O.

13706).

RFQ # 75N91022Q00161

___ (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 threshold, 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 (NOV 2021) (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 (NOV

RFQ # 75N91022Q00161

2021) (Section 1634 of Pub. L. 115‐91).

(iv) 52.204‐25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (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 threshold 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 (NOV 2021) (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 (NOV 2021) (E.O. 12989)

(xvii) 52.222‐55, Minimum Wages Under Executive Order 13658 (JAN 2022).

(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 (NOV 2021) (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.

(End of clause)

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/browse/index/far

FEDERAL ACQUISITION REGULATION (FAR) – CLAUSES INCORPORATED BY REFERENCE:

Clause No. Title

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 Incorporated by Reference of Representations and Certifications

RFQ # 75N91022Q00161

(DEC 2014)

FAR 52.212‐4 Contract Terms and Conditions‐ Commercial Products and Commercial

Services. (NOV 2021) FAR 52.232‐40 Providing Accelerated Payments to Small Business Subcontractors

(NOV 2021)

FAR 52.232‐39 Unenforceability of Unauthorized Obligations (JUN 2013) FAR 52.232‐40 Providing Accelerated Payments to Small Business Subcontractors (NOV

2021) FAR 52.247‐35 F.O.B Destination, Within Consignee’s Premises (APR 1984)

HEALTH AND HUMAN SERVICES ACQUISITION REGULATION (HHSAR) – CLAUSES

INCORPORATED BY REFERENCE:

Clause No. Title

HHSAR 325.222‐70 Contractor Cooperation in Equal Employment Opportunity Investigations

(DEC 2015)

HHSAR 352.227‐70 Publications and Publicity (DEC 2015)

(END OF CONTRACT CLAUSES)

7.0 SOLICITATION PROVISIONS

FAR 52.204‐24 Representations Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has 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 (c)(1) in the provision at 52.204‐26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212‐3, Offeror Representations and Certifications‐ Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204‐26, or in paragraph (v)(2)(ii) of the provision at 52.212‐3.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential

RFQ # 75N91022Q00161

component have the meanings provided in the clause 52.204‐25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115‐232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third‐party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115‐232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third‐party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) 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".

(d) Representation. The Offeror represents that—

(1) It will, ☐ will ☐ not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information

RFQ # 75N91022Q00161

required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(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 use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable);

or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

RFQ # 75N91022Q00161

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable);

or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

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".

RFQ # 75N91022Q00161

(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.

(End of provision)

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.

RFQ # 75N91022Q00161

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):

www.acquisition.gov/browse/index/far

(End of provision)

FEDERAL ACQUISITION REGULATION (FAR) – PROVISIONS INCORPORATED BY REFERENCE:

Provision No. Title

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 52.204‐22 Alternative Line‐Item Proposal (JAN 2017) FAR 52.209‐11 Representation by Corporation by Corporations Regarding Delinquent Tax

Liability or A Felony Conviction Under Any Federal Law (FEB 2016) FAR 52.211‐6 Brand Name or Equal (AUG 1999) FAR 52.212‐1 Instructions to Offerors—Commercial Products and Commercial Services

(NOV 2021)

FAR 52.212‐2 Evaluation—Commercial Products and Commercial Services

(Nov 2021) FAR 52.212‐3 Offeror Representations and Certifications‐Commercial Products and

Commercial Services (Nov 2021)

(END OF PROVISIONS)

8.0 SUBMISSISON INSTRUCTIONS / EVALUATION

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.

RFQ # 75N91022Q00161

Questions Submission:

All questions concerning this Request for Quote (RFQ) must be submitted via email to the

Contracting Officer, Adam Hernandez, at adam.hernandez@nih.gov no later than 4:00 PM

EST, Thursday, August 25, 2022 (08/25/2022). Please be advised that the Government reserves the right to transmit any questions and answers of a common interest to all prospective Contractors. Any questions received after the specified cut‐off time and date above will not be accepted or answered unless at the Contracting Officers discretion is deemed necessary.

Quotation Submission:

Quotations shall be submitted via email to the Contracting Officer, Adam Hernandez, at adam.hernandez@nih.gov no later than 10:00 AM EST, Tuesday, August 30, 2022

(08/30/2022). It is the Quoter’s responsibility to ensure/verify the Government receives its submission on or before the date/time specified above. The Government will not accept any late quotes, any quote that does not provide items requested, or quotes that do not conform to the requirements of the RFQ. Please do not wait until the deadline to submit your quotation. Please reference RFQ# 75N91022Q00161 on all correspondence.

The quote shall include in the following:

1. Cover letter including:

a. Federal Tax Identification Number (TIN);

b. Unique Entity Identifier (UEI);

c. Cage Code;

d. Business size and designation (i.e., Small, Other than Small);

e. The applicable solicitation number for which the quote is provided;

f. Point of Contact Information for individuals authorized to commit on behalf of their organization. Including name, address, and telephone number of the offeror;

g. Include a statement to the effect that pricing is firm for a period of at least 60 days from the date of receipt thereof by the Government.

2. Pricing and discount terms.

3. Terms of any Express Warranty.

4. A completed copy of the representation and certifications at Federal Acquisition

Regulation (FAR) 52.212‐3 (See FAR 52.121‐3 (b) for those representations and certifications that offeror shall complete electronically). If SAM.gov representations and certifications do not conflict with the quoted requirement, please include a statement to that effect;

5. A technical description of the items being offered.

BASIS FOR AWARD AND EVALUATION

The purchase order shall be awarded to the firm that submits a Lowest Price Technically

Acceptable (LPTA) quotation. A technically acceptable quotation is one in which the quoter complies with the 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 considered for award.

An award will be made on an all or none basis. If you are providing an “equal” product, you must submit additional documentation that highlights and describes how your offering is equal in accordance with FAR Clause 52.211‐6.

The Government intends to evaluate quotations and make a single award. As such, 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 quotes, or for clarifications on aspects of the quote. In the event quote revisions are requested, the Government will not necessarily be seeking revisions/clarifications 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.