Liquid Nitrogen RFQ-1237670.pdf

Table of Contents

RFQ-1237670

Section B: Continuation of SF-1449 – Schedule of line items and pricing

Section C: Contract clauses, including agency-specific clauses

Section D: Exhibits, documents, and/or attachments

Section E: Instructions to offerors

Section B: Continuation of SF-1449 – Schedule of line items and pricing

Statement of Work Liquid Nitrogen and Storage Tank Rental Service for San Juan Laboratory

Background Currently the San Juan Lab has a 1,500-gallon capacity Bulk Liquid Nitrogen Storage Tank Supply System with vaporization to maintain the continuous operation of four Mass Spectrometers and three FTIR instruments. This Bulk Storage System is being rented from a local vendor and was installed in 2015. Liquid Nitrogen use at the San Juan Laboratory is estimated at 540 gallons per month (6,480 gallons per year).

Objectives The objective is to obtain a five-year contract (one base year and four (4) option years) of uninterrupted Industrial Grade Liquid Nitrogen service and a Bulk Storage Tank supply system rental for the San Juan Laboratory. Nitrogen gas is an essential component to the functionality of the instruments and the continuous laboratory process. Reliable delivery of certified Liquid Nitrogen on a recurring, but as needed basis, throughout the year is essential to ensure timely accurate results from all analysis performed in the laboratory.

Scope The Contractor shall supply the necessary personnel, labor, materials, supplies, equipment, transportation, labels, certification, and all other necessities for the delivery of Liquid Nitrogen and monitor/maintain a Contractor-provided Bulk Storage Tank for the San Juan Laboratory.

Performance Requirements

• The Contractor shall monitor the tank volume, fill the tank when necessary, and provide a “Purity Specifications Test Report” to the San Juan Laboratory every time Liquid Nitrogen is delivered.

• The Contractor shall continually evaluate and maintain the Bulk Storage Tank rental to ensure it is in proper working order.

• All work to be completed shall adhere to all local, city, county, Puerto Rico and OSHA, US, ANSI rules and regulations set forth by these agencies and organizations.

Deliverables or Delivery Schedule

• Liquid Nitrogen Delivery monthly or as needed. The Liquid Nitrogen use at the San Juan Laboratory is estimated at 540 gallons per month (6,480 gallons per year). The Contractor shall bit at the fixed price per gallon for the actual number of gallons used the prior month.

• Provide a Certificate of the Liquid Nitrogen Criteria at each delivery:

o Minimum Assay 99.998% o Oxygen < 10 ppm o Moisture < 10 ppm o Carbon Monoxide < 15 ppm

• The Contractor shall verify and certify that all connections are free of leaks before leaving the facility.

o The FDA representative shall accept the certification that the service is completed and free of leaks before the Contractor leaves the facility.

• The Contractor shall provide a printed Delivery Ticket with each delivery. The Delivery ticket shall include the following minimum information:

o Date and Time of Delivery o Total Cost including the FFP per gallon price for the liquid nitrogen, bulk tank storage system rental, delivery fee, telemetry fee, hazardous material and rental or demurrage fees.

o Total gallons delivered

Place of Performance

Food and Drug Administration San Juan Laboratory 466 Fernandez Juncos Ave.

San Juan, PR 00901

Period of Performance Date of award year plus four option years. Contract will have a Base Period of one (1) year plus four (4) option years. Dates are estimated and will became official once the contract is awarded:

Base Year 01/21/2021 to 01/20/2022 Option Year 1 01/21/2022 to 01/20/2023 Option Year 2 01/21/2023 to 01/20/2024 Option Year 3 01/21/2024 to 01/20/2025 Option Year 4 01/21/2025 to 01/20/2026

Hours of Operation The Contractor is responsible for conducting business, between the hours of 8:00 AM – 4:00 PM Monday through Friday except Federal Holidays or when the Government facility is closed due to local or nation emergencies, administrative closings, inclement weather, or similar Government-directed facility closings. The Contractor will not be expected to provide services on the following days:

New Year’s Day Labor Day

Martin Luther King Jr’s Birthday (Observance day) Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Independence Day Christmas Day

Point of Contacts:

To be Identified at Time of Award

Section C: Contract clauses, including agency-specific clause

The provision at 52.212-1, Instructions to Offerors—Commercial Items (Oct 2019), applies to this acquisition with the following addenda to the provision.

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 2019), 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 2019), 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 http://orca.bpn.gov/ http://orca.bpn.gov/ mailto:fdavendorpaymentsteam@fda.gov mailto: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-21-RFQ-1237670. The quotes are due by email to the point of contact listed below on or before January 7, 2021 by 10:00 AM (Eastern Standard Time).

xv) Point of Contact: Nina Montgomery at (240) 402-8086 or email at Nina.Montgomery@fda.hhs.gov .

mailto:Nina.Montgomery@fda.hhs.gov mailto:Nina.Montgomery@fda.hhs.gov

Section D: Exhibits, documents, and/or attachments

CLIN Description Qty Unit of Issue Monthly

Rate Total Price

0001 Liquid Nitrogen Tank Service Contract 12 MO $ $ 1001 Option Year 1 Service 12 MO $ $ 2001 Option Year 2 Service 12 MO $ $ 3001 Option Year 3 Service 12 MO $ $ 4001 Option Year 4 Service 12 MO $ $

Total Amount $

Section E: Instructions to offerors

All quotes are due by e-mail to Nina Montgomery, Nina.Montgomery@fda.hhs.gov on or before January 7, 2021 at 10:00AM (Eastern Standard Time).