Combined Synopsis Solicitation 75N95020Q00316.pdf

COMBINED SYNOPSIS / SOLICITATION

75N95020Q00316

(1) Action Code: Combined Synopsis/Solicitation

(2) Date: 09/10/2020

(3) Year: 2020

(4) Contracting Office Zip Code: 20892

(5) Classification Code: 6640

(6) Contracting Office Address: 11601 Landsdown Street, Bethesda, MD 20892

(7) Subject/Title: Flow Cytometry System

(8) Proposed Solicitation Number: 75N95020Q00316

(9) Closing Response Date: 09/16/2020

(10) Contact Point(s): Arun Mathur, Contract Specialist

(11) Contract Award and Solicitation Number: TBD

(12) Contract Award Dollar Amount: TBD

(13) Contract Line Item Number(s): TBD

(14) Contractor Award Date: TBD

(15) Contractor Name: TBD

(16) Description:

(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 75N95020Q00316 and the solicitation is issued as an request for quotation (RFQ).

(iii) This acquisition is for a commercial item or service and is conducted under the authority of the Federal Acquisition Regulation (FAR) Part 13.5—Simplified Acquisition Procedures and FAR Part 12—Acquisition of Commercial Items, and is not expected to exceed the simplified acquisition threshold.

(iv) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2020-07 dated 08/31/2020.

(v) The associated NAICS code for this requirement is 334516, Analytical Laboratory Instrument Manufacturing and the small business size standard 1000 employees.

This are no set aside restrictions.

(vi) Description of Requirement:

• See attached Attachment 1 Purchase Description for further details and salient characteristics required

(vii) Delivery Requirements

The Contractor shall deliver and install the equipment to the NIH in North Bethesda, Maryland within 30 days after receipt of order. The equipment shall be delivered and installed in coordination with the Contracting Officer’s Representative (COR) at the time the equipment is ready to be shipped.

Delivery Address:

NIH-NINDS

Building 10, Room 5S241 Bethesda, MD 20892

(viii) The Provision at FAR Clause 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment, applies to this acquisition.

(ix) The provision at FAR clause 52.211-6 -- Brand Name or Equal, applies to this acquisition.

(x) The provision at FAR clause 52.212-1, Instructions to Offerors – Commercial Items, applies to this acquisition.

• The Government requests discounts

• The required items must meet the specifications provided in the

Description of Requirement

• Quotes shall include manufacturer warranty, delivery, installation, and training

• Delivery of all products must be received within 30 days after contract award.

• Quotes must include itemized prices

(xi) The provision at FAR clause 52.212-2, Evaluation – Commercial Items, applies to this acquisition.

• The award will be made on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost factors. Technically acceptable standards are as follows:

o Offeror has provided brand name or equal products described in section

(vi) o Offeror can deliver all products with 30 days of award o Offeror quote includes manufacturer warranty, delivery, installation, and training o Quotes include itemized prices

• 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.

(xii) 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. An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically via http://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (c) through

(p) of this provision.

(xiii) The FAR clause at 52.212-4, Contract Terms and Conditions – Commercial Items, applies to this acquisition.

52.204-7 System for Award Management (Oct 2018) 52.204-13 System for Award Management Maintenance. (Oct 2018) 52.204-16 Commercial and Government Entity Code Reporting (Jul 2016) 52.204-18 Commercial and Government Entity Code Maintenance (Jul 2016) 52.242-15 Stop-Work Order (Aug. 1989)

(xiv) FAR clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders–Commercial Items, applies to this acquisition.

• 52.204‐10, Reporting Executive Compensation and First‐Tier Subcontract

Awards (Oct 2016) (Pub.L. 109‐282)(31 U.S.C. 6101 note)

• 52.209-6, Protecting the Government’s Interests when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

• 52.219-28, Post Award Small Business Program Representation (JUL 3013) (15 U.S.C. 632(a)(2))

• 52.222-3, Convict Labor (June 2003) (E.O. 11755)

• 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN

2018) (E.O. 13126)

• 52.222-21, Prohibition of Segregated Facilities (APR 2015)

• 52.222-26, Equal Opportunity (APR 2015) (E.O. 11246)

• 52.222-36, Equal Opportunity for Workers with Disabilities (JUL

2014) (29 U.S.C. 793)

• 52.222-50, Combating Trafficking in Persons (MAR 2015). (22

U.S.C. chapter 78 and E.O. 13627)

• 52.223-18, Encouraging Contractor Policies to Ban Text

Messaging While Driving (AUG 2011) (E.O. 13513)

• 52.225-1, Buy American Act--Supplies (MAY 2014) (41 U.S.C. 10a-10d)

• 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act

(MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, Pub. L.

108-77, 108-78, 108-286, 108-302 109-53, 109-169, 109-283, 110-138, Pub. L.112-41, 112-42 and 112-43).

__ (ii) Alternate I (MAY 2014) of 52.225-3.

__ (iii) Alternate II (MAY 2014) of 52.225-3.

_X_ (iv) Alternate III (MAY 2014) of 52.225-3.

• 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008)

• 52.232-33, Payment by Electronic Funds Transfer—System for

Award Management (JUL 2013) (31 U.S.C. 3332)

(xv) The following additional contract requirement(s) or terms and conditions as determined by the contracting officer are necessary for this acquisition:

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 appropriate for a contract with a Federal agency. Specifically, NIH considers any provision in your mass-market commercial sales and/or license agreement terms and conditions to be inappropriate and unenforceable that:

(1) Contravenes a right granted NIH under U.S. copyright law (e.g., fair use, right to archive, copying for interlibrary loan),

(2) Violated the Federal Acquisition Regulation or other Federal law (e.g., https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1062590

Antideficiency Act, Principles of Federal Appropriations Law),

(3) Departs from reasonable consumer expectations, or

(4) Violates fundamental public policy.

NIH shall assume that you are in agreement with the statements herein if you submit a quotation/proposal and accept NIH's order/contract.

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

(xvii) Responses to this RFQ must include enough information to establish the interested parties’ bona-fide capabilities of providing the required supplies. Quoters shall provide the following for each line item in their response:

(a) part and serial number;

(b) part description;

(c) period of warranty;

(d) place of manufacture;

(e) total price;

(f) any applicable discounts;

(g) a clear indication of whether it is available through GSA schedule contract; and

(h) 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:

1. Company’s Full Name and Address

2. Company’s DUNS Number and CAGE Code

3. Company’s GSA Contract Number

4. Name, Telephone Number, and Email Address of Person Authorized to

Provide Quote

If Quoter has previously represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items (accessible at https://sam.gov/SAM/), it is NOT required to complete the certification at Attachment 3 – FAR 52.204-26 and 52.204-24 Certification.

If the Quoter has NOT previously completed this representation, then it MUST complete the certification at Attachment 3 – FAR 52.204-26 and 52.204-24 Certification to be considered for award.

https://sam.gov/SAM/

DATE QUESTIONS DUE: Any questions regarding this RFQ must be submitted electronically to the listed point of contact by 10:00 AM Eastern Time on 09/14/2020 and must reference the RFQ number.

All responses must be received by 09/16/2020 by 12:00 PM EST and reference number 75N95020Q00316 Responses may be submitted electronically to Arun Mathur, arun.mathur@nih.gov.

Fax responses will not be accepted.

(xviii) The name and email of the individual to contact for information regarding the solicitation.

Arun Mathur arun.mathur@nih.gov