D. Combined Synopsis-Solicitation_75N95022Q00374.pdf

Introductory Statement

Solicitation Number and Authority

Applicable Federal Acquisition Circular

NAICS Code and Small Business Standard

Anticipated Contract Type

COMBINED SYNOPSIS / SOLICITATION

COMPETITIVE

Solicitation Number: 75N95022Q00374

TITLE: Brand Name or Equal: 10X Genomics Chromium Single Gene Sequencing and Library Construction Kits

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

The Government reserves the right to make one award, multiple awards, or no awards as a result of this solicitation.

The solicitation number is 75N95022Q00374 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 FAR Part 13—Simplified Acquisition Procedures and FAR Part 12—Acquisition of Commercial Items and is not expected to exceed the simplified acquisition threshold.

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2022-07, dated 8/10/2022.

The associated NAICS code is 334516 (Analytical laboratory instrument Manufacturing) and the small business size standard is 1,000 employees.

This acquisition is being conducted using full and open competition and is NOT set aside for any small business concerns.

The Government intends to award a Firm-Fixed-Price Purchase Order.

Applicability of FAR clause 52.212-1

Statement of Need and Purpose: The purpose of this acquisition is to procure, on a brand name or equal basis, 10X Genomics Chromium Single Cell Gene Sequencing and Library Construction Kits for the National Institute on Neurological Disorders and Stroke’s (NINDS) Viral Immunology Section. These kits will be used to prepare libraries for sequencing patient samples and gene expression analysis related to human immunodeficiency virus (HIV) disease status

Please refer to Attachment 1. Purchase Description for complete details and specifications.

The provision at FAR 52.212-1, Instructions to Offerors – Commercial Items (NOV 2021), applies to this acquisition. The following instructions are included as an addendum to this provision.

The Quoter shall provide the below information on the first page of its response:

1. Solicitation Number: 75N95022Q00374

2. Quotation Number

3. Submission and Expiration Date of Quotation

4. Company’s Full Name and Address;

5. Company’s UEI Number, CAGE Code, and TIN Number; and

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

Provide Quotation

Responses to this RFQ must include enough information to establish that the Quoter can provide the required products. Specifically, the Quoter shall illustrate that it is able to meet or exceed the “Salient Characteristics” detailed in the Purchase Description (Attachment 1).

Finally, the Quoter shall provide the following information in its response, as applicable:

a) Part/serial number for each line item;

b) Part description for each line item (in sufficient detail to evaluate compliance with the Purchase Description requirements);

c) Unit and list price for each line item;

d) Country of origin for each line item;

e) The amount of any discounts being provided compared to Quoter’s standard commercial pricing;

f) Delivery terms (including delivery date and Freight on Board (FOB) Point);

g) Warranty terms (including period of warranty and any conditions);

h) Prompt payment discount terms;

i) Any applicable fees, or Federal, State, or local taxes/duties;

j) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation;

k) Any other information or factors that are relevant to the award decision;

l) Total price (must be clearly indicated and include all line items and any applicable fees or taxes)

Description of Requirement

Applicability of FAR provision 52.212-2

Additionally, if Quoter is proposing to satisfy requirement through combining different manufacturers’ equipment, it must provide evidence in its response that the components are compatible and have been tested and verified as working together.

Attachment 3. FAR 52.204-26 and -24 Representations and Certification:

Quoter is NOT required to complete this certification if it 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 FAR Provision 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services (accessible at https://sam.gov). If such representation was previously completed, Quoter must indicate this in its response/quote.

Attachment 4. FAR 52.212-3 Representations and Certifications:

Quoter shall complete only paragraph (b) of this provision if it has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://sam.gov. If the Quoter has NOT completed the annual representations and certifications in SAM, it shall complete only paragraphs (c) through (v)) of this provision. Quoter shall complete Attachment 4 and include it with its response/quote.

The provision at FAR 52.212-2, Evaluation – Commercial Items (NOV 2021), applies to this acquisition.

(a) The Government will evaluate quotes for conformance to the RFQ’s requirements.

This evaluation will include verification that the Quoter has followed all instructions contained in the RFQ and a determination that the Quoter is responsible.

(b) The Government will award a purchase order on a Lowest Price Technically

Acceptable (LPTA) basis, which requires that award be made to the lowest-priced quoter that meets or exceeds the acceptability standards for non-cost factors.

Specifically, a technically acceptable quote must meet or exceed the “salient characteristics” and the delivery and warranty terms described in Attachment 1.

Purchase Description.

(c) Comparative Evaluation: In accordance with FAR 13.106-2(b)(3), the Government may perform a comparative evaluation (comparing quotes to each other) in determining whether a quote satisfies the technical requirements described above.

(d) If a Quoter (1) fails or refuses to assent to any term, (2) proposes additional terms, or

(3) fails to submit or omits material information required by this RFQ, then the Government may consider its quote UNACCEPTABLE.

(e) The Government will evaluate price for award purposes by determining that the total quoted price is fair and reasonable, taking into consideration any price reductions offered by the Quoter.

https://sam.gov/

Applicability of FAR clause 52.212-4

Applicability of FAR clause 52.212-5

Additional Requirements

Applicability of Defense Priorities and Allocations System (DPAS)

Question and Response Deadlines

The provision at FAR 52.212-3, Offeror Representations and Certifications – Commercial Items (MAY 2022), applies to this acquisition.

This provision is included in full text at Attachment 3. FAR 52.212-3 Representations and Certifications.

The clause at FAR 52.212-4, Contract Terms and Conditions – Commercial Items (NOV 2021) applies to this acquisition and is incorporated by reference.

The clause at 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (MAY 2022) applies to this acquisition.

FAR clause 52.212-5 is included in full text in Attachment 2. Additional Terms and Conditions.

The National Institutes of Health (NIH) is using a phased transition approach to transition vendors from the NIH Office of Financial Management (OFM) Electronic Invoice submission instructions to the Department of Treasury’s Invoice Processing Platform (IPP). Accordingly, the Government has included the pre-IPP transition invoicing instructions as Attachment 5.

Invoicing Instructions Without IPP and the post-IPP transition invoicing instructions as Attachment 6. Invoicing Instructions With IPP.

The successful Quoter will be required to submit all invoices in accordance with the appropriate set of instructions. Quoter’s response must contain its Unique Entity Identifier (UEI), which is located in the System for Award Management (SAM) and replaces the Dun & Bradstreet Data Universal Numbering System (DUNS) number.

Quoters must also possess and maintain an active registration in the System for Award Management (SAM) at the time of quote/response submission.

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

All questions regarding this RFQ must be submitted electronically by September 21, 2022 at

Applicability of FAR provision 52.212-3

Commercial Provisions/Clauses

IMPORTANT

RFQ Attachments

05:00 PM Eastern Time. Faxed questions will NOT be answered.

All responses to this RFQ must be submitted electronically by September 22, 2022 at 06:00 pm Eastern Time and include RFQ number 75N95022Q00374 in the subject line of the email. Faxed responses will NOT be accepted.

All correspondence, including questions and responses, must be submitted to the below individual:

Marlene Milgram Contracting Officer Phone: 301-594-0864 Email: marlene.milgram@nih.gov

Please be advised that the 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) Violates the Federal Acquisition Regulation or other Federal law (e.g., Antideficiency Act, Principles of Federal Appropriations Law)

3) Departs from reasonable consumer expectations, or

4) Violates fundamental public policy.

The NINDS shall assume that you agree with the statements herein if you submit a quotation/response and accept the Government’s purchase order.

This RFQ does not commit the Government to pay any costs incurred in the preparation of a response/quotation or to contract for supplies or services.

Attachment 1. Purchase Description Attachment 2. Additional Terms and Conditions Attachment 3. FAR 52.204-26 and -24 Representations and Certification Attachment 4. FAR 52.212-3 Representations and Certifications mailto:marlene.milgram@nih.gov

Attachment 5. Invoicing Instructions Without IPP Attachment 6. Invoicing Instructions With IPP