D.6087611 Combined Synopsis Solicitation.pdf

COMBINED SYNOPSIS / SOLICITATION

COMPETITIVE

Title: Digital Pathology Platform Enterprise Software Licenses

(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 75N95021Q00401 and the solicitation is issued as a request for quotation (RFQ). The anticipated award date is 9/25/2021.

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 2021-07 dated 9/10/2021.

(iv) The associated NAICS code is 511210 and the small business size standard is $41.5 million. No set-aside restriction is applicable.

(v) This requirement is, on a brand-name-or-equal basis, to provide renewal enterprise licenses for the installed base of HALO digital pathology software tools (i.e. “brand-name”), or to obtain enterprise-level digital pathology software tools that constitute a platform fully equal in form, fit, and function to the following HALO products (i.e. “or equal”):

Licenses Product Number HALO Unlimited Image Analysis Platform floating term seat license

PRO986

HALO AI Add-On floating seat term license PRO987 HALO Link 1000 user license PRO921 HALO Algorithm Development SDK annual PRO751 HALO Analysis Cluster – Annual License PRO 575 HALO AP assay-drive anatomical pathology case management and slide quantification platform, 25,000 slides

PRO743

Custom software development (NCI anonymization feature)

PRO710

The anticipated periof of performance is one year with two one-year options.

(vi) HALO digital pathology software provides a platform for specialized analysis and management of digital histology images. HALO is a product of Indica Labs. The platform is hosted by NCATS and made available to multiple users of the NCATS Secure Scientific Platforms Environment (the “Environment”), an NCATS-hosted platform for collaboration across NIH institutes and centers, other Government agencies, and external collaborators. HALO receives particularly intensive use by users from the National Cancer Institute (NCI), NCATS, and the National COVID Cohort Collaborative (N3C).

(vii) Delivery shall be to:

The National Center for Advancing Translational Sciences (NCATS) 9800 Medical Center Drive Rockville, MD 20850

Delivery shall be within five days after receipt of order.

(viii) The provision at FAR clause 52.212-1, Instructions to Offerors – Commercial Items (tailored), applies to this acquisition and is attached.

(ix) The Government will perform a comparative evaluation of responses in accordance with

FAR 13.106-2(b)(3) and award a purchase order from this solicitation to the responsible offeror whose response meets the solicitation’s requirements and, as a whole, will be most advantageous to the Government, price and other factors considered. The comparative evaluation will include: Technical Capability of the item(s)/service(s) to meet the Government requirement, Price, Terms and Conditions, and Past Performance.

Responses may exceed capability or performance characteristics of the solicitation’s requirements. The Government reserves the right, but is not required, to award to a response that exceeds capability or performance characteristics of the solicitation’s requirements if it provides a benefit to the Government.

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).

(x) The Offerors are 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 FAR clause at 52.212-4, Contract Terms and Conditions – Commercial Items, applies to this acquisition. The following addendum applies:

FAR 52.212-4 Addendum – Commercial Supplier Agreements

The following FAR provisions or clauses are incorporated by reference:

52.204-7, System for Award Management (Oct 2018) 52.204-13, System for Award Management Maintenance (Oct 2020) 52.204-16, Commercial and Entity Code Reporting (Aug 2020) 52.204-18, Commercial and Entity Code Maintenance (Aug 2020) 52.204-24, Representation Regarding Certain Telecommunications and Video

Surveillance Services of Equipment (Oct 2020) 52.211-6 Brand Name or Equal (Aug 1999) 52.214-34, Submission of Offers in the English Language (Apr 1991) 52.214-35, Submission of Offers n U.S. Currency (Apr 1991) HHSAR 352.222-70, Contractor Cooperation in Equal Employment Opportunity

Investigations (December 18, 2015).

HHSAR 352.239-73, Electronic Information and Technology Accessibility Notice

52.212-4(g), Invoice, is supplemented by the NIH Invoice and Payment Instructions, attached.

Offerors must complete and return FAR representation 52.204--24 Representation

Regarding Certain Telecommunications and Video Surveillance Services or Equipment Oct 2020), attached.

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

(xiii) Responses to this solicitation must include sufficient information to establish the interested parties’ bona-fide capabilities of providing the product or service. In addition to the contents of the quote described above, additional information may include such factors as: 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.

(xiv) In addition 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 must be received by 11:00 a.m. Eastern time, 9/24/2021 and reference solicitation number 75N95021Q00401. Responses must be submitted by email to Stuart Kern, Contract Specialist, stuart.kern@nih.gov.

Attachments:

- FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Oct 2020)

- FAR 52.212-1, Instructions to Offerors – Commerical Items (tailored)

- FAR 52.212-4 Addendum – Supplier License Agreements

- FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or

Executive Orders–Commercial Items

- NIH Invoice and Payment Instructions

- Section 508 Accessibility Standards – commercial software http://www.sam.gov/ mailto:stuart.kern@nih.gov

ICT Accessibility Requirements Statement per the Revised Section 508 of the Rehabilitation Act

Electronic Software

General Exceptions

Technical Criteria:

E207.1 General -

Where components of ICT are software and transmit information or have a user interface, such components shall conform to E207 and the requirements in Chapter 5

E207.2 WCAG Conformance -

User interface components, as well as the content of platforms and applications, shall conform to Level A and Level AA Success Criteria and Conformance Requirements in WCAG 2.0 (incorporated by reference, see 702.10.1).

E207.2.1 Word Substitution -

When Applying WCAG to Non-Web Software For non-Web software, wherever the term “Web page” or “page” appears in WCAG 2.0 Level A and AA Success Criteria and Conformance Requirements, the term “software” shall be substituted for the terms “Web page” and “page”. In addition, in Success Criterion in 1.4.2, the phrase “in software” shall be substituted for the phrase “on a Web page.”

E207.3 Complete Process for Non-Web Software -

Where non-Web software requires multiple steps to accomplish an activity, all software related to the activity to be accomplished shall conform to WCAG 2.0 as specified in E207.2.

E205.1 General -

Electronic content shall comply with E205.

E205.3 Agency Official Communication -https://buyaccessible.gov/ict-accessibility#e207_1__e207_2__e207_2_1__e207_3 https://buyaccessible.gov/ict-accessibility#e207_1__e207_2__e207_2_1__e207_3 https://buyaccessible.gov/ict-accessibility#e207_1__e207_2__e207_2_1__e207_3 https://buyaccessible.gov/ict-accessibility#e207_1__e207_2__e207_2_1__e207_3 https://buyaccessible.gov/ict-accessibility#e207_1__e207_2__e207_2_1__e207_3 https://buyaccessible.gov/ict-accessibility#e207_1__e207_2__e207_2_1__e207_3 https://buyaccessible.gov/ict-accessibility#e207_1__e207_2__e207_2_1__e207_3 https://buyaccessible.gov/ict-accessibility#e207_1__e207_2__e207_2_1__e207_3 https://buyaccessible.gov/ict-accessibility#e205_1_general https://buyaccessible.gov/ict-accessibility#e205_1_general https://buyaccessible.gov/ict-accessibility#e205_3__e205_4__e205_4_1

Electronic content that is not public facing shall conform to the accessibility requirements specified in E205.4 when such content constitutes official business and is communicated by an agency through one or more of the following:

A. An emergency notification;

B. An initial or final decision adjudicating an administrative claim or proceeding;

C. An internal or external program or policy announcement;

D. A notice of benefits, program eligibility, employment opportunity, or personnel action;

E. A formal acknowledgement of receipt;

F. A survey questionnaire;

G. A template or form;

H. Educational or training materials; or I. Intranet content designed as a Web page.

E205.4 Accessibility Standard (WCAG 2.0) -

Electronic content that is not public facing shall conform to the accessibility requirements specified in E205.4 when such content constitutes official business and is communicated by an agency through one or more of the following:

A. An emergency notification;

B. An initial or final decision adjudicating an administrative claim or proceeding;

C. An internal or external program or policy announcement;

D. A notice of benefits, program eligibility, employment opportunity, or personnel action;

E. A formal acknowledgement of receipt;

F. A survey questionnaire;

G. A template or form;

H. Educational or training materials; or I. Intranet content designed as a Web page.

E205.4.1 Word Substitution when Applying WCAG to non-Web Documents -

For non-Web documents, wherever the term "Web page" or "page" appears in WCAG 2.0 Level A and AA Success Criteria and Conformance Requirements, the term "document" shall be substituted for the terms "Web page" and "page". In addition, in Success Criterion in 1.4.2, the phrase "in a document" shall be substituted for the phrase "on a Web page"..

The following standards are applicable:

All WCAG A & AA Success Criteria apply.

602 Support Documentation 603 Support Services 302 Functional Performance Criteria

The following standards are applicable:

All WCAG A & AA Success Criteria - except

2.4.1 Bypass Blocks

2.4.5 Multiple Ways

3.2.3 Consistent Navigation

3.2.4 Consistent Identification

602 Support Documentation 603 Support Services 302 Functional Performance Criteria

602 Support Documentation - 603 Support Services - 302 Functional Performance Criteria -https://buyaccessible.gov/ict-accessibility#e205_3__e205_4__e205_4_1 https://buyaccessible.gov/ict-accessibility#e205_3__e205_4__e205_4_1 https://buyaccessible.gov/ict-accessibility#602__603__302 https://buyaccessible.gov/ict-accessibility#602__603__302 https://buyaccessible.gov/ict-accessibility#602__603__302 https://buyaccessible.gov/ict-accessibility#602__603__302 https://buyaccessible.gov/ict-accessibility#602__603__302 https://buyaccessible.gov/ict-accessibility#602__603__302

Software

E501.1 Scope -

The requirements of Chapter 5 shall apply to software where required by 508 Chapter 2 (Scoping Requirements), 255 Chapter 2 (Scoping Requirements), and where otherwise referenced in any other chapter of the Revised 508 Standards or Revised 255 Guidelines.

E502.1 General -

Software shall interoperate with assistive technology and shall conform to 502.

502.2 Documented Accessibility Features -

Software with platform features defined in platform documentation as accessibility features shall conform to 502.2.

502.2.2 No Disruption of Accessibility Features -

Software shall not disrupt platform features that are defined in the platform documentation as accessibility features.

502.3.1 Object Information -

The object role, state(s), properties, boundary, name, and description shall be programmatically determinable.

502.3.2 Modification of Object Information -

States and properties that can be set by the user shall be capable of being set programmatically, including through assistive technology.

502.3.3 Row, Column, and Headers -

If an object is in a data table, the occupied rows and columns, and any headers associated with those rows or columns, shall be programmatically determinable.

502.3.4 -

Any current value(s), and any set or range of allowable values associated with an object, shall be

502.3.5 Modification of Values -

Values that can be set by the user shall be capable of being set programmatically, including through assistive technology.

502.3.6 Label Relationships -

Any relationship that a component has as a label for another component, or of being labeled by another component, shall be programmatically determinable.

502.3.7 Hierarchical Relationships -

https://buyaccessible.gov/ict-accessibility#e501_1_scope https://buyaccessible.gov/ict-accessibility#e501_1_scope https://buyaccessible.gov/ict-accessibility#e502_1_general https://buyaccessible.gov/ict-accessibility#e502_1_general https://buyaccessible.gov/ict-accessibility#e502_2__e502_2_2__e502_3_1 https://buyaccessible.gov/ict-accessibility#e502_2__e502_2_2__e502_3_1 https://buyaccessible.gov/ict-accessibility#e502_2__e502_2_2__e502_3_1 https://buyaccessible.gov/ict-accessibility#e502_2__e502_2_2__e502_3_1 https://buyaccessible.gov/ict-accessibility#e502_2__e502_2_2__e502_3_1 https://buyaccessible.gov/ict-accessibility#e502_2__e502_2_2__e502_3_1 https://buyaccessible.gov/ict-accessibility#502_3_2__502_3_3__502_3_4__502_3_5 https://buyaccessible.gov/ict-accessibility#502_3_2__502_3_3__502_3_4__502_3_5 https://buyaccessible.gov/ict-accessibility#502_3_2__502_3_3__502_3_4__502_3_5 https://buyaccessible.gov/ict-accessibility#502_3_2__502_3_3__502_3_4__502_3_5 https://buyaccessible.gov/ict-accessibility#502_3_2__502_3_3__502_3_4__502_3_5 https://buyaccessible.gov/ict-accessibility#502_3_2__502_3_3__502_3_4__502_3_5 https://buyaccessible.gov/ict-accessibility#502_3_2__502_3_3__502_3_4__502_3_5 https://buyaccessible.gov/ict-accessibility#502_3_2__502_3_3__502_3_4__502_3_5 https://buyaccessible.gov/ict-accessibility#502_3_6__502_3_7__502_3_8__502_3_9__502_3_10 https://buyaccessible.gov/ict-accessibility#502_3_6__502_3_7__502_3_8__502_3_9__502_3_10 https://buyaccessible.gov/ict-accessibility#502_3_6__502_3_7__502_3_8__502_3_9__502_3_10

Any hierarchical (parent-child) relationship that a component has as a container for, or being contained by, another component shall be programmatically determinable.

502.3.8 Text -

The content of text objects, text attributes, and the boundary of text rendered to the screen, shall be

502.3.9 Modification of Text -

Text that can be set by the user shall be capable of being set programmatically, including through assistive technology.

502.3.10 List of Action -

502.3.11 Actions on Objects -

Applications shall allow assistive technology to programmatically execute available actions on objects.

502.3.12 Focus Cursor -

Applications shall expose information and mechanisms necessary to track focus, text insertion point, and selection attributes of user interface components.

502.3.13 Modification of Focus Cursor -

Focus, text insertion point, and selection attributes that can be set by the user shall be capable of being set programmatically, including through the use of assistive technology.

502.3.14 Event Notification -

Notification of events relevant to user interactions, including but not limited to, changes in the component’s state(s), value, name, description, or boundary, shall be available to assistive technology.

503.1 General -

Applications shall conform to 503.

503.2 User Preferences -

Applications shall permit user preferences from platform settings for color, contrast, font type, font size, and focus cursor.

Instructions

The Accessibility Requirements Report should be incorporated into the solicitation requirements document (SOO, SOW, PWS, etc.). Please go to the Revised 508 Standards Toolkit (https://section508.gov/manage/program-roadmap) for further information on the procurement process.

https://buyaccessible.gov/ict-accessibility#502_3_6__502_3_7__502_3_8__502_3_9__502_3_10 https://buyaccessible.gov/ict-accessibility#502_3_6__502_3_7__502_3_8__502_3_9__502_3_10 https://buyaccessible.gov/ict-accessibility#502_3_6__502_3_7__502_3_8__502_3_9__502_3_10 https://buyaccessible.gov/ict-accessibility#502_3_6__502_3_7__502_3_8__502_3_9__502_3_10 https://buyaccessible.gov/ict-accessibility#502_3_11__502_3_12__502_3_13__502_3_14 https://buyaccessible.gov/ict-accessibility#502_3_11__502_3_12__502_3_13__502_3_14 https://buyaccessible.gov/ict-accessibility#502_3_11__502_3_12__502_3_13__502_3_14 https://buyaccessible.gov/ict-accessibility#502_3_11__502_3_12__502_3_13__502_3_14 https://buyaccessible.gov/ict-accessibility#502_3_11__502_3_12__502_3_13__502_3_14 https://buyaccessible.gov/ict-accessibility#502_3_11__502_3_12__502_3_13__502_3_14 https://buyaccessible.gov/ict-accessibility#502_3_11__502_3_12__502_3_13__502_3_14 https://buyaccessible.gov/ict-accessibility#502_3_11__502_3_12__502_3_13__502_3_14 https://buyaccessible.gov/ict-accessibility#503_1__503_2 https://buyaccessible.gov/ict-accessibility#503_1__503_2 https://buyaccessible.gov/ict-accessibility#503_1__503_2 https://buyaccessible.gov/ict-accessibility#503_1__503_2 https://section508.gov/manage/program-roadmap https://section508.gov/manage/program-roadmap

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

As prescribed in 4.2105(a), insert the following provision:

REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE

SERVICES OR EQUIPMENT (OCT 2020)

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 Items. 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 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 https://www.acquisition.gov/far/part-4#FAR_4_2105 https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_25

(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 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.

https://www.sam.gov/

(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.

(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)

CERTIFICATION:

Name of Authorized Individual Signature of Authorized Individual Date

Title Name of Organization

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

Check Box2: Off

Check Box3: Off

Check Box4: Off

Check Box6: Off

Text7:

Text8:

Text9:

Date10_af_date:

52.212-1 Instructions to Offerors-Commercial Items (JUL 2021)

(a) North American Industry Classification System (NAICS) code and small business size standard.

The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of quotations. Submit quotations to the office specified in this solicitation at or before the exact time specified in this solicitation. As a minimum, quoations must show—

(1) The solicitation number;

(2) The name, address, and telephone number of the offeror;

(3) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(4) Terms of any express warranty;

(5) Price and any discount terms;

(6) "Remit to" address, if different than mailing address;

(7) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212- 3(b) for those representations and certifications that the offeror shall complete electronically); and

(8) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information).

(c) Period for acceptance of quotations. Unless otherwise specified on the quotation, the vendor agrees to honor the quoted prices for 30 calendar days from the date of quotation submission.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of quotations. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing.

(e) Multiple quotations. Vendors may submit multiple quotations presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation. Each quotation submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals. (1) Vendors are responsible for submitting quotations, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that quotations or revisions are due.

(2) (i) Any quotation, modification, revision, or withdrawal received at the Government office designated in the solicitation after the exact time specified for receipt of will be considered provided it is received before award is made, the Contracting Officer determines that accepting the late quotation would not unduly delay the acquisition, and the Contracting Officer determines that it is in the best interest of the Government to accept the late quotation.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that quotations cannot be received at the Government office designated for receipt of quotations by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of quotations will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Quotations may be withdrawn at any time prior to the time of award.

(g) Purchase order award (not applicable to Invitation for Bids). The Government intends to evaluate quotations and award a purchase order without discussions with vendors. Therefore, the vendor’s initial quotation should contain the vendor’s best terms from a price and technical standpoint. The Government may reject any or all quotations if such action is in the public interest; accept other than the lowest-priced quotation; and waive informalities and minor irregularities in quotations received.

(h) Multiple awards. The Government may issue a purchase order for any item or group of items in a quotation, unless the vendor qualifies the quotation by specific limitations. Unless otherwise provided in the Schedule, quotations may not be submitted for quantities less than those specified. The Government reserves the right to issue a purchase order for any item for a quantity less than the quantity quoted, at the unit prices quoted, unless the vendor specifies otherwise in the response.

(i) Availability of requirements documents cited in the solicitation.

(1) (i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to- GSA Federal Supply Service Specifications Section Suite 8100 470 East L’Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925 Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST ( https://assist.dla.mil/online/start/).

(ii) Quick Search ( http://quicksearch.dla.mil/).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by-

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111- 5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier.(Applies to all quotations that exceed the micro-purchase threshold, and quotations at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The vendor shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The vendor also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the vendor to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the vendor does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The vendor should indicate that it is submitting a quotation for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) [Reserved]

(l) Requests for Information. If a supplier requests information on an award that was based on factors other than price alone, a brief explanation of the basis for the award decision shall be provided.

Such explanation shall include:

(1) The number of quotations received;

(2) The name and address of each vendor receiving an award;

(3) The items, quantities, and any stated unit prices of each award. If the number of items or other factors makes listing any stated unit prices impracticable at that time, only the total contract price need be furnished in the notice. However, the items, quantities, and any stated unit prices of each award shall be made publicly available, upon request; and

(4) In general terms, the reason(s) the vendor’s quotation was not accepted, unless the price information in paragraph (b)(1)(iv) of this section readily reveals the reason. In no event shall a vendor’s cost breakdown, profit, overhead rates, trade secrets, manufacturing processes and techniques, or other confidential business information be disclosed to any other vendor.

(End of provision)

Addendum to FAR 52.212-4 Terms and Conditions – Commercial Items

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, Unauthorized Obligations, and Commercial Supplier Agreements – Unenforceable Clauses paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any commercial supplier agreements as amended by the Commercial Supplier Agreements – Unenforceable Clauses provision.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(w) Commercial supplier agreements–unenforceable clauses.

(1) Definition. For the purpose of this contract, “Commercial supplier agreements” (referred to at FAR 12.216 as “Supplier License Agreements”) means terms and conditions customarily offered to the public by vendors of supplies or services that meet the definition of “commercial item” set forth in FAR 2.101 and intended to create a binding legal obligation on the end user. Commercial supplier agreements are particularly common in information technology acquisitions, including acquisitions of commercial computer software and commercial technical data, but they may apply to any supply or service. The term applies–

(a) Regardless of the format or style of the document. For example, a commercial supplier agreement may be styled as standard terms of sale or lease, Terms of Service (TOS), End User License Agreement (EULA), or another similar legal instrument or agreement, and may be presented as part of a proposal or quotation responding to a solicitation for a contract or order;

(b) Regardless of the media or delivery mechanism used. For example, a commercial supplier agreement may be presented as one or more paper documents or may appear on a computer or other electronic device screen during a purchase, software installation, other product delivery, registration for a service, or another transaction.

(2) When any supply or service acquired under this contract is subject to a commercial supplier agreement, and notwithstanding any other provision of this agreement, when the end user is an agency or instrumentality of the U.S. Government, the following language shall be deemed incorporated into the commercial supplier agreement. As used herein, “this agreement” means the commercial supplier agreement.

(i) Applicability. This agreement is a part of a contract between the commercial supplier and the U.S. Government for the acquisition of the supply or service that necessitates a license or other similar legal instrument (including all contracts, task orders, and delivery orders under FAR Part 12).

(ii) End user. This agreement shall bind the ordering activity as end user but shall not operate to bind a Government employee or person acting on behalf of the Government in his or her personal capacity.

(iii) Law and disputes. This agreement is governed by Federal law.

(A) Any language purporting to subject the U.S. Government to the laws of a U.S. state, U.S. territory, district, or municipality, or a foreign nation, except where Federal law expressly provides for the application of such laws, is hereby deleted.

(B) Any language requiring dispute resolution in a specific forum or venue that is different from that prescribed by applicable Federal law is hereby deleted.

(C) Any language prescribing a different time period for bringing an action than that prescribed by applicable Federal law in relation to a dispute is hereby deleted.

(iv) Continued performance. The supplier or licensor shall not unilaterally revoke, terminate or suspend any rights granted to the Government except as allowed by this contract. If the supplier or licensor believes the ordering activity to be in breach of the agreement, it shall pursue its rights under the Contract Disputes Act or other applicable Federal statute while continuing performance as set forth in subparagraph 52.212-4(d) (Disputes).

(v) Arbitration; equitable or injunctive relief. In the event of a claim or dispute arising under or relating to this agreement, a binding arbitration shall not be used unless specifically authorized by agency guidance, and equitable or injunctive relief, including the award of attorney fees, costs or interest, may be awarded against the U.S. Government only when explicitly provided by statute (e.g., Prompt Payment Act or Equal Access to Justice Act).

(vi) Updating terms.

(A) After award, the contractor may unilaterally revise commercial supplier agreement terms if they are not material. A material change is defined as:

(1) Terms that change Government rights or obligations;

(2) Terms that increase Government prices;

(3) Terms that decrease overall level of service; or

(4) Terms that limit any other Government right addressed elsewhere in this contract.

(B) For revisions that will materially change the terms of the contract, the revised commercial supplier agreement must be incorporated into the contract using a bilateral modification.

(C) Any agreement terms or conditions unilaterally revised subsequent to award that are inconsistent with any material term or provision of this contract shall not be enforceable against the Government, and the Government shall not be deemed to have consented to them.

(vii) No automatic renewals. If any license or service tied to periodic payment is provided under this agreement (e.g., annual software maintenance or annual lease term), such license or service shall not renew automatically upon expiration of its current term without prior express consent by an authorized Government representative.

(viii) Indemnification. Any clause of this agreement requiring the commercial supplier or licensor to defend or indemnify the end user is hereby amended to provide that the U.S.

Department of Justice has the sole right to represent the United States in any such action, in accordance with 28 U.S.C. 516.

(ix) Audits. Any clause of this agreement permitting the commercial supplier or licensor to audit the end user’s compliance with this agreement is hereby amended as follows:

(A) Discrepancies found in an audit may result in a charge by the commercial supplier or licensor to the ordering activity. Any resulting invoice must comply with the proper invoicing requirements specified in the underlying Government contract or order.

(B) This charge, if disputed by the ordering activity, will be resolved in accordance with subparagraph (d) (Disputes); no payment obligation shall arise on the part of the ordering activity until the conclusion of the dispute process.

(C) Any audit requested by the contractor will be performed at the contractor's expense, without reimbursement by the Government.

(x) Taxes or surcharges. Any taxes or surcharges which the commercial supplier or licensor seeks to pass along to the Government as end user will be governed by the terms of the underlying Government contract or order and, in any event, must be submitted to the Contracting Officer for a determination of applicability prior to invoicing unless specifically agreed to otherwise in the Government contract.

(xi) Non-assignment. This agreement may not be assigned, nor may any rights or obligations thereunder be delegated, without the Government's prior approval, except as expressly permitted under subparagraph (b) of this clause.

(xii) Confidential information. If this agreement includes a confidentiality clause, such clause is hereby amended to state that neither the agreement nor the contract price list, as applicable, shall be deemed “confidential information.” Issues regarding release of “unit pricing” will be resolved consistent with the Freedom of Information Act. Notwithstanding anything in this agreement to the contrary, the Government may retain any confidential information as required by law, regulation or its internal document retention procedures for legal, regulatory or compliance purposes; provided, however, that all such retained confidential information will continue to be subject to the confidentiality obligations of this agreement.

(3) If any language, provision, or clause of this agreement conflicts or is inconsistent with the preceding paragraph (2), the language, provisions, or clause of paragraph (2) shall prevail to the extent of such inconsistency.

(End of clause)

(5/1/2019)

Revised: February 10, 2021

Invoice and Payment Provisions

The following clause is applicable to all Purchase Orders, Task or Delivery Orders, and Blanket Purchase

Agreement (BPA) Orders/Calls: Prompt Payment (Jan 2017) FAR 52.232-25. Highlights of this clause and NIH implementation requirements follow:

I. Invoice Requirements A. An invoice is the Contractor's bill or written request for payment under the contract for supplies delivered or services performed. A proper invoice is an "Original" which must include the items listed in subdivisions 1 through 12, below, in addition to the requirements of FAR 32.9. If the invoice does not comply with these requirements, the Contractor will be notified of the defect within 7 days after the date the designated billing office received the invoice (3 days for meat, meat food products, or fish, and 5 days for perishable agricultural commodities, dairy products, edible fats or oils) with a statement of the reasons why it is not a proper invoice. (See exceptions under II., below.) Untimely notification will be taken into account in the computation of any interest penalty owed the Contractor.

1. Contractor: Name, Address, Point of Contact for the invoice (Name, title, telephone number, e-mail and mailing address of point of contact).

2. Remit-to address (Name and complete mailing address to send payment).

3. Remittance name must match exactly with name on original order/contract. If the Remittance name differs from the Legal Business Name, then both names must appear on the invoice.

4. Invoice date.

5. Unique invoice #s for all invoices per contractor regardless of site.

6. NBS document number formats must be included for awards created in the NBS: Contract Number;

Purchase Order Number; Task or Delivery Order Number and Source Award Number (e.g., Indefinite Delivery Contract number; General Services Administration number); or, BPA Call Number and BPA Parent Award Number.

7. Data Universal Numbering System (DUNS) or DUNS + 4 as registered in the Central Contractor Registration (CCR).

8. Federal Taxpayer Identification Number (TIN). In those exceptional cases where a contractor does not have a DUNS number or TIN, a Vendor Identification Number (VIN) must be referenced on the invoice. The VIN is the number that appears after the contractor’s name on the face page of the award document.

9. Identify that payment is to be made using a three-way match.

10. Description of supplies/services that match the description on the award, by line billed.*

11. Freight or delivery charge must be billed as shown on the award. If it is included in the item price do not bill it separately. If identified in the award as a separate line item, it must be billed separately.

12. Quantity, Unit of Measure, Unit Price, Extended Price of supplies delivered or services performed, as applicable, and that match the line items specified in the award.*

* NOTE: If your invoice must differ from the line items on the award, please contact the Contracting Officer before submitting the invoice. A modification to the order or contract may be needed before the invoice can be submitted and paid.

B. Shipping costs will be reimbursed only if authorized by the Contract/Purchase Order. If authorized, shipping costs must be itemized. Where shipping costs exceed $100, the invoice must be supported by a bill of lading or a paid carrier's receipt.

C. The Contractor shall submit invoice to the National Institutes of Health/Office of Financial Management (NIH/OFM) via email at invoicing@nih.gov with a copy to Contracting Officer, Contracting Officer’s Representative, and Program point of contact, as directed. The invoices must be emailed in accordance with instructions below. Do not submit supporting documentation (e.g., receipts, time sheets, invoices, etc.) with your payment request unless specified elsewhere in the contract or requested by the Contracting Officer. The invoice shall be transmitted as an attachment via email to the address listed above in one of the following formats: Word, or Adobe Portable Document Format (PDF). The Contractor must submit only one invoice per email.

Please Note: NIH/OFM will not accept invoices postmarked and/or delivered in-person on/after December 1, 2020.

For inquiries regarding the status of invoices such as receipt of invoices, due date, request for payment of invoices, etc., contact NIH/OFM Customer Service via email at ofm_customer_service@incontactemail.com or via phone at 301-496-6088. To send your inquiries via other available communication methods see the NIH/OFM Customer Service website at https://ofm.od.nih.gov/Pages/Customer-Service.