FDA-SOL-1158822.doc

COMBINED SYNOPSIS/SOLICITATION FOR LIQUID NITORGEN TANK MAINTENANCE

Solicitation Number: FDA-SOL-1158822

i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the Federal Acquisition Regulation (FAR) format in 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.

ii) The solicitation number is FDA-SOL-1158822.

iii) The solicitation documented and incorporated provisions and clauses in effect through the Federal Acquisition Circular (FAC) FAC 2005-85, Effective 04 December 2015.

iv) The associated North American Industry Classification System (NAICS) Code is - 325120 - Industrial Gas Manufacturing; Small Business Size Standard is 1,000 employees.

v) The US Food & Drug Administration (FDA) intends to issue a Commercial Item Firm Fixed-Price purchase order that meets the following specifications below. Please submit all quotes to be valid until September 30, 2016.

of Issue

vi) Description

I. Intro/Background

Currently the San Juan Laboratory has a 1,500 gallons capacity bulk Liquid Nitrogen storage tank supply system, with sufficient vaporization that meets the product requirements of four (4) Mass Spectrometers and three (3) FTIRs. This tank was installed by the company Praxair Puerto Rico BV.

III. Requirements

All of the following are minimum requirements. Equivalent requirements that differ from these minimum requirements must be justified by the proposing vendor and evaluated by the Government.

Scope of work

The company will monitor the tank volume, fill out the tank when the limit is reached, and shall provide a “Purity Specifications Test Report” to the SJN Lab representative every time the delivery is completed.

Year volume: a total of 9,600 gallons of liquid nitrogen (800 gallons per month)

Delivery between the hours of 8:00 AM to 11:00 AM and 1:00 PM to 4:00 PM Monday through Friday.

vii) Address:

Food and Drug Administration

466 Fernández Juncos Ave.

San Juan, PR. 00901-3223

viii) The provision at 52.212-1, Instructions to Offerors—Commercial Items (Oct 2015), applies to this acquisition with the following addenda to the provision.

Period for Acceptance of Offers: The offeror agrees to hold the prices firm through September 30, 2016

ix) The provision at 52.212-2, Evaluation—Commercial Items (Oct 2014), is applicable to this requirement. The specific evaluation criteria to be included in paragraph (a) of that provision are as follows:

The Government will award a contract resulting from this solicitation to the responsible offeror whose proposal meets the specifications listed under v) and vi) 3 of this solicitation and is the lowest priced proposal received in response to this solicitation. Therefore, award will be made to offeror whose proposal is determined to be Lowest Price Technically Acceptable.

A written notice of award or acceptance of an offer mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

x) The Provision at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items (Nov 2015), applies to this acquisition. An offeror should complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov.

xi) The clause at 52.212-4, Contract Terms and Conditions—Commercial Items (May 2015), applies to this acquisition with the following addenda:

Invoice Submission:

A. The Contractor shall submit one original copy of each invoice to the address specified below:

Office of Financial Services

Food and Drug Administration

W032- Second Floor

MAIL HUB 2145

10903 New Hampshire Avenue

Bldg 32, Rm# 2162, Mail Hub 2145

Silver Spring MD 20993-0002

Attn: Vendor Payments

(301) 827-3742 or (866) 807-3742 fdavendorpaymentsteam@fda.gov B. Invoices submitted under this contract must comply with the requirements set forth in FAR Clauses 52.232-25 (Prompt Payment) and 52.232-33 (Payment by Electronic Funds Transfer – System for Award Management) and/or 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; and (c) Any other supporting information necessary to clarify questionable expenditures;

(V) Shipping number and date of shipping, 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 number of the financial institution receiving payment and the number of the account into which funds are to be deposited;

(XI) Name and telephone number of the FDA Contracting Officer Representative (COR) or other program center/office point of contact, as referenced on the purchase order; and, (XII) Any other information or documentation required by the purchase order/award.

C. Questions regarding invoices shall be directed to the FDA at the telephone number provided above.

xii) The clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items (Dec 2015), applies to this acquisition. The following additional FAR clauses cited in the clause are applicable to the acquisition:

· 52.222-21 Prohibition of Segregated Facilities (Apr 2015)

· 52.222-26 Equal Opportunity (Apr 2015) (E.O. 11246)

· 52.222-36 Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793)

· 52.223-18 Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513)

· 52.232-33 Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332)

xiii) Additional contract requirement(s) or terms and conditions

· 52.217-9 -- Option to Extend the Term of the Contract. (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor any time before the contract expires; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 7 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

(End of Clause)

The following HHSAR clauses apply and can be obtained at the following website: http://farsite.hill.af.mil/VFHHSAR1.html

· 352.202-1 Definitions (Jan 2006)

· 352.242-71 Tobacco-free Facilities (Jan 2006) The services delivered hereunder shall be inspected and accepted at destination by the Contracting Officer's Representative (COR) specified at award. If the supplies or services are acceptable, the COR shall promptly forward a report of inspection and acceptance to the paying office. If the supplies or services are not acceptable, the COR shall document the nonconforming items/services and immediately notify the contracting officer.

The COR name will be provided at time of award.

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.

The Contracting Officer is the only person with authority to act as agent of the Government under this contract. Only the Contracting Officer has authority to: (1) direct or negotiate any changes in the contract; (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.

It is the offeror's responsibility to monitor the internet site for the release of an amendment to the combined synopsis/solicitation (if any).

Offerors that fail to complete the required representations and certifications, or reject the terms and conditions of the solicitation, may be excluded from consideration.

xiv) All responsible sources may submit a quote, which if timely received, shall be considered. The quote shall reference solicitation number FDA-SOL-1158822. The quotes are due by email to the point of contact listed below on or before December 21, 2015 by 3:00 pm ET.

xv) Point of Contact: Marty Nemec at (240) 402-7663 or email at Marty.Nemec@fda.hhs.gov .