Combined Synopsis-Solicitation_1238681.pdf

COMBINED SYNOPSIS/SOLICITATION

FDA-SOL-1238681

TOTAL SMALL BUSINESS SET-ASIDE

General Information

Document Type: Combined Synopsis/Solicitation

Solicitation Number: FDA‐SOL‐1238681

Posted Date: March 4, 2021

Current Response Date: March 16, 2021

The U.S. Food & Drug Administration, Office of Acquisitions and Grants Services is requesting a procure of one (1) Fourier Transform Infrared (FTIR) Microscope for the FDA Facility located at645 S. Newstead Avenue, St. Louis, MO 63110. The Government intends to award a Firm Fixed‐Price Purchase Order for the items described below (CLIN 1‐3).

1) DESCRIPTION:

The FDA is looking to procure of one (1) FTIR Microscope to serve as a testing and research quality tool for inhalation drugs and other drug products.

The incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC)

2021‐03. THIS ANNOUNCEMENT CONSTITUTES THE ONLY SOLICITATION AND A SEPARATE

SOLICITATION WILL NOT BE ISSUED. The solicitation number for this acquisition is FDA‐SOL‐1238681 and is being issued as a Request for Quote (RFQ). Prospective offerors are responsible for downloading the solicitation and any amendments from beta.SAM.gov.

The associated North American Industrial Classification System (NAICS) Code is 334516: Analytical Laboratory Instrument Manufacturing.

2) BACKGROUND:

The FDA, Office of Testing and Research (OTR‐STL) develops sophisticated methodology to address special problems as necessary to assure pharmaceutical quality, assess bioequivalence of generic products and provide guidance for reviewers in their negotiations with drug firms. Fourier Transform Infrared (FTIR) microscopy is a technique that will allow for quick identification of the observed APIs. With the increasing number of generic drug applications a rapid form of identification of APIs would be valuable in contributing to development of Product Specific Guidances (PSGs).

3) Minimum FTIR Microscope Salient Characteristics:

A. Shall include a FTIR microscope with the following minimum specifications:

1. 15x magnification objective.

2. Mid‐band MCT detector (12,000‐600cm‐1), liquid‐N2‐cooled, with preamplifier

3. Video camera port with digital high‐resolution camera (Fast CMOS camera; 2592 x 1944;

5 MP; 1/2.5" camera size).

4. x‐y stage, 50x75mm, computer‐controlled.

5. Adjustment accuracy: 0.1μm, Repeatability: better than 1μm.

6. Optical adaption for Focal Plane Array Detector Electronic adaption for Focal Plane Array

Detector.

7. ATR Objective (20x) with integrated pressure sensor and Ge‐ATR‐crystal, numerical aperture: 0.6, working distance: 6mm.

8. Objective, 36x; for reflection measurements or measurements of scattering samples.

Working distance: 10mm.

B. Shall provide an interferometer with the following minimum specifications:

1. Spectral resolution of 0.16cm‐1.

2. MIR‐KBr beamsplitter.

3. Multi detector unit for up to 5 detectors.

4. Room temperature detector installed on multi detector unit.

5. High power IR source.

a. Shall be a newly manufactured unit, cannot be used and/or refurbished or previously used for demonstration.

b. Shall provide life cycle that is greater than ten (10) years at full performance.

6. Shall provide one (1) year warranty service including parts and labor from the date of installation.

7. Shall provide technical support.

8. Shall provide Installation and Operational Qualification services (IQ/OQ) by certified factory‐trained technician

4) Minimum Training Requirements:

A. Shall include training/ familiarization of instrumentation shall be provided following IQ/OQ.

B. Shall provide training within one (1) month after installation.

C. Shall be scheduled by the Contracting Officer (COR) after installation is deemed by the COR or to be operationally acceptable.

5) Minimum Warranty Requirements:

A. IQ/OQ services on delivered equipment within sixty (60) days of delivery B. Shall include one (1) year warranty for parts and labor from the date of acceptance.

C. Shall include all shipping, installation, travel, labor, and parts required at no additional cost to the government.

6) PRICING:

All charges must be included in the quote. Any charges presented after contract award shall be unacceptable.

CLIN DESCRIPTION QUANTITY PRICE

1 FTIR Microscope 1 EA $

2 Training 1 EA

3 Warranty 1 EA $

GRAND TOTAL to include both delivery and installation (All Items FOB‐Destination)

A. INSPECTION AND ACCEPTANCE:

The Contracting Officer’s Representative (COR) will perform inspection and acceptance of the service maintenance services and, if necessary, the repair services to be provided.

For the purpose of this PART, is the authorized representative of the Contracting Officer (To Be Added).

B. PLACE OF PERFORMANCE:

1. FOB‐Destination Food and Drug Administration 645 S. Newstead Avenue St. Louis, MO 63110

2. Delivery shall be no later than 60 days after award.

3. Hours of Delivery 10:00am – 4:00pm (Monday‐Friday, excluding holidays and weekends).

C. CONTRACT ADMINISTRATION DATA:

A. Contracting Officers Representative (COR)

1. The following COR will represent the Government for the purpose of this contract: (To Be

Determined).

2. 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 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.

B. 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 RFQ; (2) modify or extend the period of performance; (3) change the delivery schedule; (4) authorize reimbursement to the Contractor any costs incurred during the performance of this contract; or (5) otherwise change any terms and conditions of this contract.

The contact information for the Contracting Officer:

Nicole Craig nicole.craig@fda.hhs.gov

D. INVOICE SUBMISSION:

FDA Three‐Way Match Invoicing Procedures

A. The contractor shall submit all invoices to:

U.S. FOOD AND DRUG ADMINISTRATION

Attn: Vendor Payments Division of Payment Services 10903 New Hampshire Ave WO32 ‐ Second Floor

MAIL HUB 2145

Silver Spring, MD 20993‐0002 301‐827‐3742 FDAVendorPaymentsTeam@fda.hhs.gov

*** Acceptable methods of delivery include: E‐mail (preferred) and Standard Mail. Provide a copy marked courtesy to the COR. The COR is (TBA).

B. Invoices submitted under this contract must comply with the requirements set forth in FAR Clauses 52.232‐25 (Prompt Payment) and 52.232‐33 (Payment by Electronic Funds Transfer ‐ System for Award Management) and/or other applicable FAR clauses specified herein. To constitute a proper invoice, the invoice must be submitted on company letterhead and include each of the following:

(i) Name and address of the contractor;

(ii) Invoice date and invoice number;

(iii) Contract/Order number (including a reference to any base award for Indefinite‐ Delivery/Indefinite‐Quantity Contracts or Blanket Purchase Agreements);

(iv) Description, quantity, unit of measure, unit price, and extended price supplies delivered or services performed, including:

(a) period of performance for which costs are claimed;

(b) itemized travel costs, including origin and destination;

(c) any other supporting information necessary to clarify questionable expenditures;

(d) the contractor shall include the award item number for each description, quantity, unit of measure, unit price, and extended price supplies delivered, or services performed;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on government bill of lading;

(vi) Terms of any discount for prompt payment offered (Prompt Payment terms other than NET 30);

(vii) Name and address of official to whom payment is to be sent (must be the same as that in the purchase order/award, or in a proper notice of assignment);

(viii) Name, title, and phone number of persons to notify in event of defective invoice;

(ix) Taxpayer Identification Number (TIN);

(x) banking routing transit number of the financial institution receiving payment for Electronic funds transfer (EFT);

(xi) Name and telephone number of the FDA Contracting Officer Representative (COR) or other Program Center/Office point of contact, as referenced on the award;

(xii) For all Inspections, Time‐and‐Materials and Labor‐Hour Awards, Contractor is required to attach an invoice log addendum to each invoice which shall include, at a minimum, the following information for contract administration and reconciliation purposes:

(a) list of all invoices submitted to date under the subject award, including the following:

(1) invoice number, amount, & date submitted

(2) corresponding payment amount & date received

(b) total amount of all payments received to date under the subject contract or order

(c) and, for definitized contracts or orders only, total estimated amounts yet to be invoiced for the current, active period of performance;

(xiii) Any other information or documentation required by the award.

C. An electronic invoice is acceptable if submitted in Adobe Acrobat (PDF) format. All items listed in (i) through (xiii) of this clause must be included in the electronic invoice. Electronic invoices must be on company letterhead and must contain no ink changes and be legible for printing.

D. Questions regarding invoice payments should be directed to the Employee Resource and Information Center (ERIC) Helpdesk at 301‐827‐ERIC (3742) or toll‐free 866‐807‐ERIC (3742);

or, by email at ERIC@fda.hhs.gov. Refer to the Call‐in menu options and follow the phone prompts to dial the option that corresponds to the service that's needed. All ERIC Service Now Tickets will either be responded to or resolved within 48 hours (2 business days) of being received. When emailing, please be sure to include the contract number, invoice number and date of invoice, as well as your name, phone number, and a detailed description of the issue.

E. GOVERNMENT HOLIDAYS:

Workplace is not available on the Government Holidays stated below, or as prescribed by an

Executive Order (EO) or OPM.gov due to inclement weather.

January (New Year’s Day) January (Martin Luther King Day) February (President’s Day) May (Memorial Day) July (Independence Day)

September (Labor Day) October (Columbus Day) November (Veterans Day) November (Thanksgiving) December (Christmas Day)

F. EVALUATION AWARD CRITERIA:

The Government shall award this contract to the Lowest Priced, Technically Acceptable (LPTA).

FDA reserves the right to award an order without discussions if the Contracting Officer determines that the initial offer is providing the Best Value and discussions are not necessary.

G. PROVISIONS and CLAUSES:

HHSAR Clauses Incorporated by Reference: Read the full text of the HHSAR Clauses as stated below, see http://www.hhs.gov/regulations/hhsar/subpart352.html

HHSAR Clause Description/Date 352.222‐70 Contractor Cooperation in Equal Employment Opportunity Investigations/(Dec 2015) 352.239‐73 Electronic and Information Technology Accessibility Notice/(Dec 2015)

FAR Clauses 52.252‐2 Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one of 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 http://farsite.hill.af.mil/vffara.htm

52.212‐4 ‐‐ Contract Terms and Conditions ‐‐ Commercial Items. Contract Terms and Conditions ‐‐

Commercial Items (Oct 2018)

52.212‐5 ‐‐ Contract Terms and Conditions Required to Implement Statutes or Executive Orders ‐‐ Commercial Items (Jan 2021).

As prescribed in 12.301(b)(4), insert the following clause:

(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) 52.209‐10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(2) 52.233‐3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(3) 52.233‐4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108‐77, 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:

52.202‐1 Definitions (Jun 2020).

52.203‐3 Gratuities (Apr 1984).

52.203‐6 Restrictions on Subcontractor Sales to the Government (Jun 2020).

Alternate 1(Oct 1995).

52.203‐12 Limitation on Payment to Influence Certain Federal Transactions (Jun 2010).

52.204‐4 Printed or Copied Double‐Sided on Recycled Paper (May 2011).

52.204‐10 Reporting Executive Compensation and First‐Tier Subcontract Awards (Jun 2020).

52.204‐13 System for Award Management Maintenance (Oct 2018).

52.204‐14 Service Contract Reporting Requirements (Oct 2016).

52.204‐23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115‐91).

52.204‐25 Prohibition on Contracting for Certain Telecommunications and Video Services or Equipment (Aug 2020).

52.215‐2 Audit and Records ‐ Negotiation (Jun 2020) – Alternate II (Aug 2016).

52.215‐8 Order of Precedence ‐ Uniform Contract Format (Oct 1997).

52.219‐8 Utilization of Small Business Concerns (Oct 2018).

52.219‐28 Post‐Award Small Business Program Re‐representation (Nov 2020).

52.222‐3 Convict Labor (Jun 2003).

52.222‐21 Prohibition of Segregated Facilities (Apr 2015).

52.222‐26 Equal Opportunity (Sept 2016).

52.222‐35 Equal Opportunity for Veterans, (Jun 2020).

52.222‐36 Equal Opportunity for Workers with Disabilities (Jun 2020).

52.222‐37 Employment Reports on Veterans, (Jun 2020).

52.222‐40 Notification of Employee Rights Under the National Labor Relations Act (Dec 2010).

52.222‐50 Combating Trafficking in Persons (Oct 2020).

52.222‐54 Employment Eligibility Verification (Oct 2015).

52.223‐6 Drug‐Free Workplace (May 2001).

52.223‐18 Encouraging Contractor Policies to Ban Text messaging While Driving (Jun 2020).

52.225‐13 Restrictions on Certain Foreign Purchases (Jun 2008).

52.227‐1 Authorization and Consent (Jun 2020) – Alternate I (Apr 1984).

52.227‐2 Notice and Assistance Regarding Patent and Copyright Infringement (Jun 2020).

52.227‐11 Patent Rights—Ownership by the Contractor (May 2014).

52.227‐14 Rights in Data ‐ General (May 2014) ‐ Alternate IV (Dec 2007).

52.232.18 Availability of Funds (Apr 1984).

52.232‐23 Assignment of Claims (May 2014).

52.232‐25 Prompt Payment (Jan 2017) ‐ Alternate I (Feb 2002).

52.232‐33 Payment by Electronic Funds Transfer‐System for Award Management (Oct 2018).

52.232‐39 Unenforceability of Unauthorized Obligations (Jun 2013).

52.232‐40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013).

52.233‐1 Disputes (May 2014) ‐ Alternate I (Dec 1991).

52.242‐13 Bankruptcy (Jul 1995).

52.243‐1 Changes – Fixed Price (Aug 1987) .

52.246‐4 Inspection of Services‐Fixed‐Price (Aug 1996).

52.246‐25 Limitation of Liability ‐ Services (Feb 1997).

52.249‐2 Termination for Convenience of the Government (Fixed Price) (Apr 2012).

52.249‐8 Default (Fixed‐Price Supply and Service). (Apr 1984).

(End of Clause)

52.217‐8 ‐‐ Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor anytime before te contract expires.

7) INSTRUCTIONS TO OFFEROR FOR PROPOSAL SUBMISSION FORMAT:

FAR 52.212‐1 Instructions to Offerors—Commercial Items (Jun 2020)

A. Proposal shall be in 2 volumes: 1 Technical and 2 Price. The volumes shall be separate and complete. The volumes shall be separate and complete, so that evaluation of one may be accomplished independently of, and concurrently with, the evaluation of the other. No pricing information shall be provided in volume 1.

B. The total number of pages for the technical quote shall not exceed ten (10) pages, using 1” margins, single spaced, font type Time New Roman, and a font size of 12.

C. The solicitation does not commit the Government to pay any cost for the preparation and submission of a quote or proposal. It is also advised that the Contracting Officer (CO) is the only individual who can legally commit and obligate the Government to the expenditure of public funds in connection with the proposed acquisition.

D. Price Quotes shall be FOB Destination including shipping and handling expense.

E. Offeror shall include a price breakout for all components for Item 1 THROUGH 3 WHICH INCLUDED THE EXTENDED TOTAL (See part 3 for table to be completed) to include detailed description, catalog part/number, quantity, and unit price of each item to be eligible for award, all line items must be quoted.

F. The Vendor shall indicate if the minimum salient characteristics have been met to be considered responsive for this requirement.

G. The government is not responsible for locating or securing any information which is not identified in the proposal. To ensure information is available, offerors shall furnish as part of their quote, all descriptive material necessary for the Government to unequivocally.

H. Period of acceptance of offers: The offeror agrees to hold the prices in its offer firm until August 31, 2021.

QUESTIONS DEADLINE: Interested offerors shall submit questions electronically to nicole.craig@fda.hhs.gov no later than March 8, 2021, 8:00 a.m. Eastern Standard Time. Please include the company name, FDA solicitation number, and “Question(s)” in the subject line.

Collect calls will not be accepted. No Phone Calls Please.

PROPOSAL DUE: All proposals are due, electronical to nicole.craig@fda.hhs.gov no later than March 15, 2021 at 8:00 a.m. Eastern Standard Time.

Confidentiality: No proprietary, classified, confidential, or sensitive information should be included in your response. The Government reserves the right to use any non‐proprietary technical information in any resultant solicitation(s).

Note: Contractor shall be registered and active in the System for Award Management (SAM) prior to the award of a contract. You may register by going to www.sam.gov.