Attachment 7 NIH Invoice and Payment Provisions.pdf

COMPETITIVE

COMBINED SYNOPSIS / SOLICITATION

Title: Brand Name or Equal Thermo Fisher Mass Spectrometer-Liquid Chromatography system

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

(ii) The solicitation number is 75N95024Q00173 and the solicitation is issued as a request for quotation (RFQ). 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 Procedures for Certain Commercial Items; and FAR Part 12—Acquisition of Commercial Items, and is expected to exceed the simplified acquisition threshold.

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) Number 2024-04, dated May 1, 2024

(iv) The associated NAICS code 334516 and the small business size standard is 1,000 employees. This requirement is full and open. No set-aside restrictions.

DESCRIPTION

(v) The National Center for Advancing Translational Sciences (NCATS) at the National

Institutes of Health (NIH) seeks a brand name or equal Thermo Fisher Mass Spectrometer-Liquid Chromatography system, accessories, installation, and training.

The list of items and salient characteristics are in the attached Purchase Description.

(vi) Mass Spectrometer-Liquid Chromatography system are subject to a class waiver from the Non-Manufacturer Rule under NAICS Code 334516 and Project Service Code (PSC 6640).

(vii) Installation and training shall occur as soon as practicable after delivery, on a date and time agreed upon by NCATS and the contractor.

Installation and training may or may not occur on the same date.

Commented [MC1]: Is there training or just installation?

9800 Medical Center Drive Rockville, MD 20850

The anticipated award date is May 20, 2024

(ix) The Government plans to issue a purchase order resulting from this solicitation. The resulting purchase order will be made to the responsible quoter whose quote offers the best value to the Government. Best value will be determined by conducting comparative evaluations of quotations in consideration of the following factors: Technical Approach, Past Performance, and Price.

Include the following in all

(viii) <If applicable to an incorporated provision below, specify any additional instructions to offerors and include the addendum and title the paragraph “Addendum to FAR provision 52.xxx-x, Title, applies to this acquisition. The additional instructions to offerors are as follows”>

TERMS AND CONDITIONS, PROVISIONS, AND REPRESENTATIONS

The provision at FAR 52.252-1, Solicitation Provisions Incorporated by Reference (Feb 1998), applies to this acquisition. 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 these addresses:

https://www.acquisition.gov/browse/index/far https://www.hhs.gov/grants/contracts/contract-policies-regulations/hhsar/index.html

(End of provision)

The following provisions apply to this acquisition and are incorporated by reference:

FAR 52.204-7, System for Award Management (Oct 2018)

FAR 52.204-16, Commercial and Government Entity Code Reporting (AUG 2020)

FAR 52.211-6, Brand Name or Equal (Aug 1999)

FAR 52.212-1, Instructions to Offerors-Commercial Items (Sep 2023)

FAR 52.212-3, Offeror Representations and Certifications-Commercial

Items (Feb 2024)

<For services, if it may be exempt from Service Contract Labor Standards statute under Clause 52.222-51, include: FAR 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Certification (May 2014)>

<For services, if if may be exempt from Service Contract Labor Standards statute under Clause 52.222-53, include: FAR 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification (May 2014)>

<If FAR 52.225-1 is checked on the 52.212-5 attachment, include: FAR 52.225- 2, Buy American Certificate (May 2014)>

<If FAR 52.225-3, is checked on the 52.212-5 attachment, include: FAR 52.225- 4, Buy American-Free Trade Agreements-Israel Trade Act Certificate (May 2014) **SPECIAL NOTE: if Alternate I, II, or III to 52.225-3 is also checked on the 52.212-5 attachment, then also include Alternate I, II, or III (May 2014) to 52.225-4.**>

<If FAR 52.225-5 is checked on the 52.212-5 attachment, include: FAR 52.225- 6, Trade Agreements Certificate (May 2014)>

HHSAR 352.239-73, Electronic and Information Technology Accessibility Notice (December 18, 2015)

<INSERT additional provisions as needed>

<If applicable to an incorporated clause below, specify any additional instructions to offerors and include the addendum and title the paragraph “Addendum to FAR clause 52.xxx-x, Title, applies to this acquisition. The additional instructions to offerors are as follows”>

The clause at FAR 52.252-2, Clauses Incorporated by Reference (Feb 1998), applies to this acquisition. 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 these addresses:

https://www.acquisition.gov/browse/index/far https://www.hhs.gov/grants/contracts/contract-policies-regulations/hhsar/index.html

(End of clause)

The following clauses apply to this acquisition and are incorporated by reference:

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

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

FAR 52.212-4, Contract Terms and Conditions--Commercial Items (Oct 2018).

Addendum to this FAR clause applies to this acquisition and is attached.

<For option quantities, include: FAR 52.217-7, Option for Increased Quantity- Separately Priced Line Item (Mar 1989)>. <insert the period of time>.>

<For services when inclusion is appropriate, include: FAR 52.217-8, Option to Extend Services (Nov 1999). <insert the period of time>.>

<For option periods, include: The clause at FAR 52.217-9, Option to Extend the Term of the Contract (Mar 2000). <insert the period of time and days>.>

<If FAR 52.222-26 is checked on the 52.212-5 attachment, include: HHSAR 352.222-70, Contractor Cooperation in Equal Employment Opportunity Investigations (December 18, 2015)>

<INSERT additional clauses as needed>

The following provisions and clauses apply to this acquisition and are attached in full text:

FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Oct 2018)

NIH Invoice and Payment Provisions (2/2014)

<If the Service Contract Labor Standards Statute applies, include: Service Contract Labor Standards / Wage Rate Determination. Area: STATE Counties of XX, XX; No. 20XX-XXXX; Dated XX/XX/20XX; XX pages.>

(ix) <If not using 52.212-2, then describe the evaluation procedures to be used (e.g.):

“The Government will evaluate quotations or offers in accordance with FAR 13.106-2 and award a purchase order from this solicitation to the responsible offeror whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate quotes:

a. Technical capability of the item offered to meet the Government requirement;

b. Price; and

c. Past performance [see FAR 13.106-2(b)(3)].”>

OR

<If using 52.212-2, include: “The provision at FAR clause 52.212-2, Evaluation – Commercial Items, applies to this acquisition.

(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: <specify the significant evaluation factors, such as (i) source selection and/or technical evaluation criteria and / or technical capability of the item offered to meet the Government requirement; (ii) price; (iii) past performance (cite applicable FAR clause>

<include one of the following statements as appropriate ‘Technical and past performance, when combined, are (1) significantly more important than cost or price; (2) Approximately equal to cost or price; or (3) Significantly less 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.”>

(x) The Offerors to include a completed copy of the provision at FAR clause 52.212-3, Offeror Representations and Certifications-Commercial Items, with its offer.

(xi) The clause at FAR 52.212-4, Contract Terms and Conditions-Commercial Items, applies to this acquisition. Addendum to this FAR clause applies to this acquisition and is attached.

(xii) The clause at FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items, applies to this acquisition and is attached in full text.

(xiii) The following additional contract requirement(s) or terms and conditions as determined by the contracting officer are necessary for this acquisition and consistent with customary commercial practices including a manufacturers warranty and the ability to provide optional years of maintenance by a certified Fisher Scientific technician.

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

Use for requirements for products or supplies

(xv) Responses to this RFQ must include sufficient information to establish the interested parties’ bona-fide capabilities of providing the product or service. The price quote shall include: unit price, list price, shipping and handling costs, delivery days after contract award, delivery terms, prompt payment discount terms, F.O.B. Point (Destination or Origin), product or catalog number(s), product description, and any other information or factors that may be considered in the award decision. Such factors may include: past performance, special features required for effective program performance, trade-in considerations, probable life of the item selected as compared with that of a comparable item, warranty considerations, maintenance availability, and environmental and energy efficiency considerations.

Respondents proposing on an equal product of the brand-name product specified in this announcement must provide, as part of their response: (a) product, catalog, model, and/or part number(s); (b) product description; (c) all relevant information and documentation that the item(s) offered meets the salient physical, functional, or performance characteristics as specified in the purchase description; quantity; estimated price or cost; shipping, handling, and/or installation charges; and delivery date after receipt of order.

Use for requirements for services

Responses to this solicitation must include clear and convincing evidence of the offeror’s capability of fulfilling the requirement as it relates to the technical evaluation criteria. The price proposal must include the labor categories, an estimate of the number of hours required for each labor category, fully loaded fixed hourly rate or each labor category, breakdown and rationale for other direct costs or materials, and the total amount.

<Include any other instructions, as applicable>

The Dun & Bradstreet Number (DUNS), the Taxpayer Identification Number (TIN), and the certification of business size must be included in the response. All offerors must have an active registration in the System for Award Management (SAM) www.sam.gov.

All responses to this RFQ must be received by 1:00 p.m. Easter Standard Time on Wednesday May 8, 2024 and must reference 75N95024Q00173. Responses must be submitted electronically via email to Michelle Cecilia at michelle.cecilia@nih.gov .

Fax responses will not be accepted.

(xvi) The name and telephone number of the individual to contact for information regarding the solicitation: Michelle Cecilia at michelle.cecilia@nih.gov .

Commented [MC2]: Review this section for the optional maintenance years.

ATTACHMENTS

The following apply to this acquisition and are attached:

1. Purchase Description

2. The provision at FAR 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

3. The provision at FAR 52.204-26, Covered Telecommunications Equipment or Services Representation (Oct 2020)

4. The provision at FAR 52.229-11, Tax on Certain Foreign Procurements—Notice and Representation (Jun 2020)

5. The clause at FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders–Commercial Items (Feb 2024)

6. The provision at FAR 52.212-1, Instructions to Offerors – Commercial Items (Sep 2023) (Tailored)

7. NIH Invoice and Payment Provisions (3/2023)

8. NIH Electronic Invoice Submission Instructions (4/2020)

Commented [MC3]: Should I use the tailored version?