Solicitation-1100956 v4.doc

FDA-SOL-1100956

This is a Combined Synopsis/Solicitation for Commercial Items prepared in accordance with the format in FAR Subpart 12.6-Sreamlined Procedures for Evaluation and Solicitation for Commercial Items-As Supplemented with additional information included in this notice. This announcement constitutes the only solicitation; Proposals are being requested, and a written solicitation document will not be issued. This solicitation is being issued using FAR Part 15 acquisition procedures.

This solicitation is a Request for Proposal (RFP). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 05-60.

This is a RFP for laboratory equipment. This will be a single award contract.

PART 2

SERVICES AND PRICES/COSTS

2.1

DESCRIPTION OF SERVICES

The Food and Drug Administration (FDA) has a requirement for the equipment necessary to perform Whole Genome Shutgun (WGS) analysis on produce and produce-related environmental Salmonella and shigatoxigenic E. coli (STEC; both O157:H7 and non-O157:H7) isolates.

2.2

CONTRACT TYPE

This is an Indefinite Delivery-Indefinite Quantity (IDIQ) type contract with Firm-Fixed Price delivery/task orders.

2.3

CONTRACT CEILING

The contract guaranteed minimum amount is $500,000.00 over five years (5). The contract maximum ceiling amount is $17,000,000.00 over a five (5) year ordering period.

2.4

PLACEMENT OF TASK ORDERS

When contractual supplies are required under this contract to deliver Next-generation sequencing (NGS) equipment and reagents, the Government will issue a task order. The Contracting Officer (CO) will provide a written request for a task order proposal (RTOP) document to the Contractor describing the task project. Task orders against this contract will be placed in writing, by means of a written task order. The Contracting Officer or his/her designee is/are the only person(s) authorized to place these orders. The Contractor shall provide the required services in accordance with Part Three, Requirements and the individual Task Orders.

2.5

ORDER LIMITATIONS

(a) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of $5 million dollars;

(2) Any order for a combination of items in excess of $5 million dollars; or

(3) A series of orders from the same ordering office within 2 days that together call for quantities exceeding the limitation in paragraph (a)(1) or (2) of this section.

(b) Notwithstanding paragraph (a) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (a), unless that order (or orders) is returned to the ordering office within 2 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

2.6 PRICING:

Ordering Period

Base

Ordering Period Year 2 Price- Ordering Period Year 3 Price- Ordering Period Year 4

PART 3

REQUIREMENTS–

Genome Sequencing

3.1 INTRODUCTION

The Food and Drug Administration (FDA) has a need for proof of concept that Next-generation sequencing (NGS) emerging technology can be implemented in national and state field laboratories, and to receive data that is crucial to source tracking Salmonella that may be involved in future produce related outbreaks.

3.2 BACKGROUND

The accurate subtyping and subsequent clustering of isolates of a bacterium associated with a foodborne outbreak event is essential for successful investigation and eventual traceback to a specific food or environmental source. In this regard, PFGE continues to deliver the “gold standard” by facilitating public health investigations for nearly two decades. In certain cases, however, highly clonal strains, particularly common within the salmonellae, stymie epidemiological investigations because PFGE and other conventional molecular typing tools provide limited genetic differentiation of these strains. That is, conventional approaches often lack the resolution for differentiating tightly linked bacterial isolates. In response to such events, federal public health and food safety laboratories are exploring next-generation sequencing (NGS) to define complex outbreak scenarios. NGS refers to highly parallel robotic genomic sequencers, like Roche 454 GS Titanium technology, that are being used to accomplish the whole genome sequencing (WGS) of a bacterial pathogen.

National and state field laboratories represent outlets where numerous and diverse enteric pathogens are detected, isolated, and processed. Such a bank of biomaterials would be ideal for the development of databases and for proof-of-concept that WGS data can be rapidly uploaded to a national database and blended with other remaining WGS data for effective analyses of source and traceback.

3.3 SCOPE

The objective of this contract is to provide numerous national and state field laboratories with the necessary resources to establish a WGS-based laboratory program for the generation of high quality whole-genome sequences originating from the laboratory historical enteric pathogen collections and from enteric bacterial isolates collected from various produce sources and from disparate parts of the country during the term of this contract. Chemicals will be provided to generate data that the field labs will upload in real-time into the NCBI-curated national database for enteric pathogen genomes and will greatly enhance the database for source-tracking queries using whole genome sequence data. At the same time, this data will serve as an early proof-of-concept for the rapid networking of various resources using a WGS-based approach to pathogen detection, identification, and traceback. This project will support FDA’s mission of protecting the public health by generating baseline data to identifying contaminated produce which will be removed from the nation’s food supply.

3.4 SPECIFICATIONS

The contractor shall NGS sequencing equipment and reagents so that field laboratory staff can produce draft genomes on related bacterial isolates and report 16 sequences per month (192 sequences per year) at a minimum quality of 20x coverage.

3.5 INSTALLATION AND TRAINING

3.5.2 Installation. The Contractor shall deliver and install all equipment on site.

3.5.3 Training. The proposal shall provide installation and set-up training on site at time of delivery.

3.6 PREVENTATIVE MAINTENANCE

3.6.1 Warranty and Preventative Maintenance. Entire system shall be warranted against faulty workmanship or defective components to include both parts and labor for 12 months from date of acceptance and include technical phone support for the duration of this time period. The specific requirements for Preventative Maintenance are as follows:

· Trouble-shoot the entire instrument, immediate access to certified replacement parts, and immediate access to improvements and new procedures provided by the original Contractor and manufacturer.

· Provide service engineers who are trained and certified by the original manufacturer. Engineers shall have access to the manufacturer’s latest technical developments, repair procedures, application updates, diagnostic software, and planned maintenance procedures.

· Enable the Project Officer to have access to the manufacturer’s call center for technical assistance, which is staffed by senior engineers to provide a high level of expertise for troubleshooting the instrument and associated software.

· All purchased Preventative Maintenance shall provide all travel, labor and parts at no additional charge. There shall be one scheduled preventative maintenance visit per equipment per year.

3.7 DELIVERY ADDRESSES

Delivery shall be to nation-wide laboratories and shall be specified for each Task Order. Delivery shall be made within 60 days of Task Order placement.

3.7 ORDERING PERIOD

3.7.1 Equipment and Preventative Maintenance may be ordered for a five (5) year period between 09/15/2012 and 09/14/2017.

3.7.2 Delivery, repairs, and Preventative Maintenance visits shall not be scheduled during Federal Holidays or Federal Closures as determined by Executive Orders or opm.gov. Federal holidays are as follows:

New Year’s Day

Birthday of Martin Luther King, Jr.

Washington’s Birthday

Memorial Day

Independence Day

Labor Day

Columbus Day

Veteran’s Day

Thanksgiving Day

Christmas Day

PART 4: PACKING AND MARKING

4.1 All deliverables required under this contract shall be in accordance with FAR Part 52.212-4 (see Part 9).

PART5: INSPECTION AND ACCEPTANCE

The Contracting Officer’s Representative (COR) will perform inspection and acceptance of materials and services to be provided.

5.1. For the purpose of this PART, (COR – to be determined upon contract award) is the authorized representative of the Contracting Officer.

5.2. Inspection and acceptance will be performed at: the location identified in the individual task orders. Acceptance is communicated in writing unless otherwise indicated in writing by the Contracting Officer or COR within 30 days of receipt.

5.3. System installation by authorized service engineer at FDA site. The installer of the laboratory instrument shall test the equipment to ensure that it is fully functional before FDA accepts the delivery.

5.4. This contract incorporates the following clause, 52.246-2 Inspection of Supplies-Fixed Price (Aug 1996) by reference, with the same force and effect as if it was given in full text. Upon request, the Contracting Officer will make its full text available.

PART 6: DELIVERABLES

6.1 Deliverables shall be established through the individual task orders.

PART 7: CONTRACT ADMINISTRATION

7.1. The following Contracting Officers Representative (COR) will represent the Government for the purpose of this contract: (To be determined upon contract award).

7.1.1.

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.

7.1.2.

The Contracting Officer and his/her designee are the only persons 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.

7.1.3.

The contact information for the Contracting Officer:

Doreen Williams

Doreen.Williams@fda.hhs.gov

301-661-3366

7.1.4 The contact information for the Contract Specialist:

Ariana Nijaradze

Ariana.Nijaradze@fda.hhs.gov

301-827-7161

7.1.5 The Contractor's representative shall be responsible for all contract administration issues and shall act as the central point of contact with the FDA. The representative shall have full authority to act for the Contractor in all contractual matters.

The Contractor shall provide a Point of Contact.

PART 8: SPECIAL INTRUCTIONS

8.1. HHSAR Clauses Incorporated by Reference

This contract incorporates one or more clauses by reference, noted in Title 48, Federal Acquisition Regulations System, 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/VFHHSARA.HTM.

HHSAR Clause Description

Date

352.202-1

Definitions

(Jan 2006)

352.203-70

Anti-lobbying

352.215-70

Late proposals and revisions

(Jan 2006)

352.223-70

Safety and health

352.224-70

Privacy Act

352.228-7

Insurance--Liability to third persons (Dec 1991)

352.233-71

Litigation and claims

352.242-73

Withholding of contract payments

(Jan 2006)

352.242-71

Tobacco-free Facilities

352.242-74

Final decisions on audit findings

(Apr 1984)

352.270-1

Accessibility of meetings, conferences, (Jan 2001) and seminars to persons with disabilities

8.2 INVOICING INSTRUCTIONS

The contractor shall submit all invoices to all addressees in the manner specified below:

One original and one copy to the approving official:

U.S. Food and Drug Administration

Office of Acquisitions and Grants Services

Attn: Ariana Nijaradze 5630 Fishers Lane

Rockville, MD 20857

E-mail: ariana.nijaradze@fda.hhs.gov *** acceptable methods of delivery include: mail, hand delivery, and e-mail

One copy to the contracting officer technical representative (cotr) or other program center/office designee, clearly marked “courtesy copy only”:

U.S. Food and Drug administration

Office of Program Operations

Attn: COR White Oak Campus

10903 New Hampshire Avenue

Room xxxx

Silver Spring, Maryland 20993

E-mail: xxxx.xxxx@fda.hhs.gov

[amend, as necessary]

*** acceptable methods of delivery include: e-mail

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 – central contractor registration) 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) purchase order/award number;

(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;

(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;

(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 person to notify in event of defective invoice;

(ix) taxpayer identification number (tin);

(x) electronic funds transfer (eft) banking information, including routing transit numberof the financial institutionreceivin payment and the number of the account into which funds are to be deposited;

(xi) name and telephone number of the fda contracting officer technical representative (cotr) or other program center/office point of contact, as referenced on the purchase order;

(xii) any other information or documentation required by the purchase order/award.

(xiii) contractor is □ is not □ 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) corresonding 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

C.

An electronic invoice is acceptable if submitted in adobe acrobat (pdf) format. All items listed in (i) through (xii) 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. [amend/delete, as necessary]

D.

Questions regarding invoice payments should be directed to the FDA payment office at:

FDA/OC/OA/OFO/OFS

Attn: Division of Payment Services

12345 Parklawn drive, hfa-720

301.827.3742 or 866.807.3742 fdavendorpaymentsteam@fda.gov Rockville, Maryland 20857

PART 9: PROVISIONS AND CLAUSES

9.1 52.216-22 Indefinite Quantity (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after contract expiration.

9.2 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 prior to contract expiration.

9.3 52.252-2 Clauses Incorporated by Reference

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://www.arnet.gov

FAR Clause

52.212-4

Contract Terms and Conditions –

(FEB 2012)

Commercial Items

9.4 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (JUL 2012)

(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) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(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) (Pub. L. 108-77, 108-78).

(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:

_x_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Feb 2012) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010) (Pub. L. 111-5).

__ (6) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Dec 2010) (31 U.S.C. 6101 note).

__ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Feb 2012) (41 U.S.C. 2313).

__ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

__ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

__ (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (11) [Reserved]

__ (12)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (13)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

__ (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)).

__ (15)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Oct 2001) of 52.219-9.

__ (iii) Alternate II (Oct 2001) of 52.219-9.

__ (iv) Alternate III (Jul 2010) of 52.219-9.

__ (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)).

__ (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

__ (18) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (19)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

__ (ii) Alternate I (June 2003) of 52.219-23.

__ (20) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (21) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

__ (23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2012) (15 U.S.C. 632(a)(2)).

__ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2012) (15 U.S.C. 637(m)).

__ (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2012) (15 U.S.C. 637(m)).

_x_ (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_x_ (27) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Mar 2012) (E.O. 13126).

_x_ (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_x_ (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

_x_ (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212).

_x_ (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

__ (32) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).

__ (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

__ (34) 52.222-54, Employment Eligibility Verification (Jul 2012). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__ (37)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

__ (ii) Alternate I (Dec 2007) of 52.223-16.

_x_ (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

__ (39) 52.225-1, Buy American Act—Supplies (Feb 2009) (41 U.S.C. 10a-10d).

__ (40)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (May 2012) (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, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, and 112-42).

__ (ii) Alternate I (Mar 2012) of 52.225-3.

__ (iii) Alternate II (Mar 2012) of 52.225-3.

__ (iv) Alternate III (Mar 2012) of 52.225-3.

__ (41) 52.225-5, Trade Agreements (May 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (42) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (45) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

__ (46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

_x_ (47) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).

__ (48) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

__ (49) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).

__ (50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (51)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, 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:

[Contracting Officer check as appropriate.]

__ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (Nov 2007) (41 351, et seq.).

__ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

__ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).

__ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) [Reserved]

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

(xii) 52.222-54, Employment Eligibility Verification (Jul 2012).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

PART 10: ATTACHMENTS

Reserved

PART 11: INSTRUCTIONS TO OFFERORS

11.1 FAR provisions Incorporated by Reference

This contract incorporates one or more 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. Also, the full text of a clause may be accessed electronically at: www.acquisition.gov/far/index.html:

52.212-1

Instructions to Offerors –

(FEB 2012)

Commercial Items

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete and submit only paragraphs (c) through (m) of this provision.

52.212-3

Offeror Representations

(APR 2012)

And Certifications-

Commercial Items All questions shall be submitted to Ariana Nijaradze via email at Ariana.Nijaradze@fda.hhs.gov.

Questions are due no later than 6 August 2012, 4:30PM Eastern Time.

All proposals and revisions shall be submitted to Ariana Nijaradze via email at

Ariana.Nijaradze@fda.hhs.gov.

Proposals and all revisions are due no later than 21 August 2012, 4:30PM Eastern Time.

Offerors shall ensure the RFQ number is visible in the header of the email.

Faxed proposals shall not be accepted.

11.2 ProposalFormat

The cover letter shall include FOB point; a POC (name and telephone number); a statement from the offeror verifying that they are CCR Registered; the delivery date; business size; and payment terms are accurate and complete. The page limitation for technical proposals is 10 pages. Price proposals shall be submitted separately in an Excel worksheet.

11.3 Factor 1: Technical Capability:

11.3.1 The Offeror shall demonstrate they can provide the requirements listed under the Specifications.

11.3.2 The Offeror shall demonstrate the ability provide on-site service for maintenance and repairs of all system components (eg. DNA next generation genomic sequencer system, software, and computer).

11.3.4 The Offeror shall demonstrate they can deliver the instrument within 60 days ARO.

11.4 Factor 2:

Past Performance: The Offeror shall submit three references for work performed during the last three years that demonstrate satisfactory performance.

11.5 Price Proposal

The Offeror shall submit a complete pricing matrix for a firm fixed-price as indicated in PART 2, 2.6 Pricing.

PART 12: EVALUATION CRITERIA

Award will be made to the party whose proposal offers the best value to the Government. The technical and past performance factors combined are more important than price factor. If two of more proposals are determined to be technically equal, price may become the determining factor. In any event, the Government reserves the right to make an award to the best advantage of the Government, price and other factors considered.

The Offeror’s ability to demonstrate all of the factors noted in PART 11, and as follows:

12.1 Technical Capability:

12.2.1 The Offeror has demonstrated they can provide the requirements listed under the Functional Technical Specifications.

12.2.2 The Offeror has demonstrated the ability provide on site service for maintenance and repairs of all system components (eg. DNA next generation genomic sequencer system, software, and computer).

12.2.3 The Offeror meets the requirement to deliver the instrument within 60 days ARO.

12.2 Past Performance: The Offeror meets and has demonstrated the past performance requirement.

12.3 Price Proposal

The price proposal shall represent the Offeror’s response to the requirements of the solicitation. The Government will evaluate the total price and may include an assessment of the Offeror’s proposed price based on realism, reasonableness, and risk.