NCI Request for Quotation 75N91022Q00217.pdf

National Cancer Institute 75N91022Q00217 Page 1 of 22

NATIONAL CANCER INSTITUTE

REQUEST FOR QUOTATION

75N91022Q00217

1.0 TITLE

Acquisition of a brand name or equal Visium CytAssist

2.0 DESCRIPTION

Document Type: Combined Synopsis/Solicitation – Request for Quotation (RFQ) Solicitation Number: 75N91022Q00217 Posted Date: 9 September 2022 Initial Response Date: 15 September 2022 Product or Service Code: 6640 – Laboratory Equipment and Supplies NAICS Code: 334516 – Analytical Laboratory Instrument Manufacturing Business Size Standard: 1,000 Employees

Contracting Office Address:

United States Department of Health and Human Services National Institutes of Health National Cancer Institute Office of Acquisitions 9609 Medical Center Drive Rockville, MD 20850

Description of Notice:

This is a combined synopsis/solicitation for commercial products or commercial services 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. This solicitation includes all applicable provisions and clauses in effect through FAR FAC 2022-07 (AUG 2022) simplified procedures for commercial items.

2.1 BACKGROUND

The Visium Spatial Gene Expression technology enables the whole transcriptome profiling in the spatial context of tissues, originally established for fresh frozen tissues. While it recently evolved to overcome the barriers of formalin-fixed paraffin-embedded (FFPE) specimens, the requirement of pre-screening tissue sections and re-mounting only small target areas on Visium slides has been a serious limitation for most FFPE samples.

The Visium CytAssist is designed to simplify this workflow by assisting transfer of hybridized and ligated whole-transcriptome probes from FFPE sections already placed on standard microscopic slides.

The Center for Cancer Research (CCR), Genomic Pathology Section in the Lab of Pathology would like to purchase this new instrument and expand its spatial transcriptome profiling capacity.

The Visium CytAssist is a compact instrument that facilitates the transfer of transcriptomic analytes processed from specimens on standard glass slides to 10x Genomics Visium slides, thus broadening

National Cancer Institute 75N91022Q00217 Page 2 of 22 the sample accessibility for spatial transcriptomic profiling research. The Visium Spatial Gene Expression technology enables the whole transcriptome profiling in the spatial context of tissues, originally established for fresh frozen tissues. While it recently evolved to overcome the barriers of formalin-fixed paraffin-embedded (FFPE) specimens, the requirement of pre-screening tissue sections and re-mounting only small target areas on Visium slides has been a serious limitation for most FFPE samples. The Visium CytAssist enables the Visium workflow to be compatible with hematoxylin and eosin (H&E)- or immunofluorescent (IF)-stained FFPE tissue sections, and helps utilize standard histological samples combined with any information pre-obtained from the very sections.

In the Visium CytAssist workflow, FFPE tissue sectioning and mounting, deparaffinization, staining and imaging (H&E or IF) can be done using standard glass slide. After probe hybridization, samples on up to 2 standard glass slides are placed in the CytAssist instrument, and aligned with a 2-capture area Visium slide. The Visium CytAssist instrument captures a bright-field image which will be used to orient the tissue in later data analysis, and performs hybridization of transcriptomic analytes to the Visium slide.

3.0 TYPE OF ORDER

This shall be issued as a Firm Fixed-Price Purchase Order for supplies.

4.0 PURCHASE ORDER REQUIREMENTS

4.1 BRAND-NAME CONFIGURATION

The Contractor shall furnish brand-name or equal items in accordance with the terms of this solicitation.

The brand-name configuration includes the following:

ITEM # MFR PRODUCT # ITEM DESCRIPTION QTY

1 1000441 Visium CytAssist 1

4.2 PRODUCT FEATURES/SALIENT CHARACTERISTICS

The following product features /characteristics are required. The instrument shall:

Be compatible with Visium for FFPE 2-reaction slides with 6.5 x 6.5 mm or 11 x 11 mm capture areas

Have the following dimensions:

o Lid closed 8” x 12.3” x 9.8” (W x D x H) o Lid open -- 8” x 12.3” x 12.3” (W x D x H)

Have an operating temperature range of 64-82 F (18-28 C) Have a tissue slide stage for 2 tissue sample slides, with alignment windows and tissue slide clips Have Visium slide stage for 1 Visium slide, with alignment windows and Visium slide lock Have a reaction module with controlled temperature and time Have a touch screen to access command options, run logs, and system information Have firmware to run the instrument and manage the data

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Have an ethernet port for network connection, and USB port for data transfer

4.1 WARRANTY

The Contractor shall warrant all supplies furnished under this order against any defects in design, material, or manufacture for a period of 12-months from date of installation.

The Contractor shall also warrant and imply that all items delivered as a result of this order are merchantable and fit for use for the particular purpose described in the order in accordance with FAR 52.212-4(o).

If a defect results in lost or decreased performance of supplies or services furnished under this order, the Contractor shall cover all parts, materials, labor, and/or travel expenses required to repair or replace the supplies at no cost to the Government.

Supplies which are repaired or replaced shall be warranted for the remainder of the initial warranty period or for 90-days – whichever is greater.

5.0 DELIVERY / INSTALLATION

The Contractor shall ship all supplies FOB Destination. Delivery shall be no later than 30 business days after receipt of order (ARO) unless otherwise directed by the technical point of contact (TPOC) or the Contracting Officer.

NOTE: The contact information for the technical point-of-contact (TPOC) for this order will be provided at award.

The Contractor shall coordinate delivery and tracking information with the TPOC and shall provide tracking information to the TPOC so that the NCI can accurately prepare for delivery. Upon delivery, the Contractor shall notify the TPOC to schedule the installation date and time. Installation shall be performed by, or under the direct supervision of, an operator certified by the Original Equipment Manufacturer (OEM).

The Contractor shall deliver and install the equipment at the following address:

National Institutes of Health - Laboratory of Pathology

9000 Rockville Pike Building 10, Room 4A31 Bethesda, MD 20892-1500

All shipping/handling (including FOB) and delivery/installation fees shall be included in the fixed price of the order. The Contractor may not invoice for – and the Government shall not submit payment for – any expenses related to shipping or installation not included in the fixed price of the order.

Pursuant to FAR 52.212-4, all supplies and services to be delivered under this task order are subject to final inspection and acceptance by and authorized representative of the Government.

5.1 PROCEDURES RELATED TO COVID-19 PANDEMIC

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Due to the current COVID-19 pandemic, the Contractor must pay close attention to the following delivery instructions. Please be aware that due to the fluidity of the existing pandemic, instructions may be updated as needed after award.

The equipment shall be delivered within the timeframe listed in this order. The Contractor shall:

Store or hold equipment until NCI is ready to accept the equipment at no additional cost;

The equipment shall not be sold to another business in the event NCI is not ready to accept delivery due to unanticipated changes related to COVID-19; and Communicate and follow instructions from the TPOC to coordinate delivery and installation in accordance with the timeframes stated in this order. The delivery address and TPOC’s information will be provided at the time of award and must be included as part of the order/shipping label.

All companies delivering to NIH’s main campus shall comply with Commercial Vehicle Inspection Facility (CVIF) access procedures. CVIF will provide a list of buildings with loading docks.

Delivered items will be logged in and the loading dock Contractor or Government employee will attempt to contact the TPOC for inspection and acceptance of the package. In the event the TPOC is unable to accept the package, the equipment shall not be left at the loading dock station. The Contractor shall confirm another attempt will be made to deliver on another date, to be coordinated with the TPOC, at no additional cost.

Deliveries shall only be made between 6AM to 4PM, Monday through Friday.

Note: Delivery personnel may be asked a series of questions related to recent travels and if any physical symptoms relevant to COVID 19 exist.

5.2 TRAINING

The Contractor shall coordinate with the TPOC to schedule training within a reasonable time following installation of the supplies. All training expenses – including materials and/or travel – shall be included in the fixed price of this order.

6.0 PAYMENT

Payment shall be made upon receipt and acceptance of all deliverables. Payment authorization requires submission and approval of invoices to the COR and NIH OFM, in accordance with the attached payment provisions listed below:

The following clause is applicable to all Purchase Orders, Task or Delivery Orders, and Blanket Purchase Agreement (BPA) 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

National Cancer Institute 75N91022Q00217 Page 5 of 22 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 considered in the computation of any interest penalty owed the Contractor.

1. Vendor/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 vendor 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. Unique Entity Identifier (UEI) which is in the System for Award Management (SAM) and replaces the Dun & Bradstreet Data Universal Numbering System (DUNS) number.

8. Federal Taxpayer Identification Number (TIN). In those rare cases where a contractor does not have a UEI 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.

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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.

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.

B. NIH is using a phased transition approach from the NIH Office of Financial

Management (OFM) Electronic Invoice Submission instructions to the Department of Treasury’s Invoice Processing Platform (IPP). The Contractor shall submit invoices to the National Institutes of Health (NIH)/Office of Financial Management (OFM) via email at invoicing@nih.gov with a copy to the approving official, as directed below until the Contractor has been notified of its transition to IPP. The Contractor must follow step-by-step instructions as stated in the NIH/OFM Electronic Invoicing Instructions for NIH Contractors/Vendors, which is included as an attachment on the website at https://oamp.od.nih.gov/DGS/DGS-workform- information/attachment-files.

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. Do not submit supporting documentation (e.g., receipts, time sheets, vendor invoices, etc.) with your invoice unless specified elsewhere in the contract or requested by the Contracting Officer.

The Contractor shall submit a copy of the electronic invoice to the following Approving Official and Procurement Analyst:

Approving Official:

Name- Email Address-

Procurement Analyst Name- Email Address-

For inquiries regarding the status of invoices, contact 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

National Cancer Institute 75N91022Q00217 Page 7 of 22 communication methods refer to the OFM Customer Service website at https://ofm.od.nih.gov/Pages/Customer-Service.aspx.

Note: The OFM Customer Service is open Eastern Standard Time Monday – Friday from 8:30 a.m. to 5:00 p.m. and is closed between 12:00 p.m. to 1:00 p.m.

II. Invoice Payment

A. Except as indicated in paragraph B., below, the due date for making invoice payments by the designated payment office shall be the later of the following two events:

1. The 30th day after the designated billing office has received a proper invoice.

2. The 30th day after Government acceptance of supplies delivered or services performed.

B. The due date for making invoice payments for meat and meat food products, perishable agricultural commodities, dairy products, and edible fats or oils, shall be in accordance with the Prompt Payment Act, as amended.

III. Interest Penalties

A. An interest penalty shall be paid automatically, if payment is not made by the due date and the conditions listed below are met, if applicable.

1. A proper invoice was received by the designated billing office.

2. A receiving report or other Government documentation authorizing payment was processed and there was no disagreement over quantity, quality, or contractor compliance with a term or condition.

3. In the case of a final invoice for any balance of funds due the contractor for supplies delivered or services performed, the amount was not subject to further settlement actions between the Government and the Contractor.

B. Determination of interest and penalties due will be made in accordance with the provisions of the Prompt Payment Act, as amended, the Contract Disputes Act, and regulations issued by the Office of Management and Budget.

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IV. PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS

SUBCONTRACTORS, FAR 52.232-40 (November 2021)

(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.

(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial products or commercial services.

(End of Clause)

V. HHSAR 352.232-71 Electronic Submission of Payment Requests (February 2, 2022)

(a) Definitions. As used in this clause—

Payment request means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), ‘‘Content of Invoices’’ and the applicable Payment clause included in this contract.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests electronically using the Department of Treasury Invoice Processing Platform (IPP) or successor system. Information regarding IPP, including IPP Customer Support contact information, is available at www.ipp.gov or any successor site.

(c) The Contractor may submit payment requests using other than IPP only when the Contracting Officer authorizes alternate procedures in writing in accordance with HHS procedures.

(d) If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting Officer’s written authorization with each payment request.

(End of Clause)

7.0 PURCHASE ORDER CLAUSES

7.1 FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (MAY 2022)

(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 products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further

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Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L.

115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(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 products and commercial services:

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509)).

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

X__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved].

___ (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

X__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

(OCT 2018) (41 U.S.C. 2313).

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___ (10) [Reserved].

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (SEP 2021) (15 U.S.C.657a).

X_ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

___ (13) [Reserved]

___ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C.644).

___ (ii) Alternate I (MAR 2020) of 52.219-6

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

___ (ii) Alternate I (MAR 2020) of 52.219-7.

___ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (NOV 2021) (15 U.S.C. 637(d)(4)).

___ (ii) Alternate I (NOV 2016) of 52.219-9.

___ (iii) Alternate II (NOV 2016) of 52.219-9.

___ (iv) Alternate III (JUN 2020) of 52.219-9.

___ (v) Alternate IV (SEP 2021) of 52.219-9

___ (18) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

___ (ii) Alternate I (MAR 2020) of 52.219-13

___ (19) 52.219-14, Limitations on Subcontracting (SEP 2021) (15 U.S.C.637(a)(14)).

___ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (SEP 2021) (15 U.S.C. 657f).

X__ (22)(i) 52.219-28, Post Award Small Business Program Representation (SEP 2021) (15 U.S.C. 632(a)(2)).

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___ (ii) Alternate I (MAR 2020) of 52.219-28.

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (SEP 2021) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (SEP 2021) (15 U.S.C. 637(m)).

___ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

X_ (26) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 637(a)(17)).

X__ (27) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

X__ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2022) (E.O.13126).

X__ (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

X__ (30) (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).

___ (ii) Alternate I (FEB 1999) of 52.222-26.

___ (31)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

___ (ii) Alternate I (JUL 2014) of 52.222-35.

X__ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C.793).

___ (ii) Alternate I (JUL 2014) of 52.222-36.

___ (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

___ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(DEC 2010) (E.O. 13496).

X__ (35)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

___ (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

___ (36) 52.222-54, Employment Eligibility Verification (MAY 2022). (Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

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___ (37) (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.)

___ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

___ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

___ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (OCT 2015) of 52.223-13.

___ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (JUN 2014) of 52.223-14.

___ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

___ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

___ (ii) Alternate I (JUN 2014) of 52.223-16.

X__ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving

(JUN 2020) (E.O. 13513).

___ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

___ (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

___ (47) (i) 52.224-3 Privacy Training (JAN 2017) (5 U.S.C. 552 a).

___ (ii) Alternate I (JAN 2017) of 52.224-3.

X__ (48) 52.225-1, Buy American-Supplies (NOV 2021) (41 U.S.C. chapter 83).

___ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2021) (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-

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138, 112-41, 112-42, and 112-43.

___ (ii) Alternate I (JAN 2021) of 52.225-3.

___ (iii) Alternate II (JAN 2021) of 52.225-3.

___ (iv) Alternate III (JAN 2021) of 52.225-3.

___ (50) 52.225-5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X__ (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150).

___ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area

(NOV 2007) (42 U.S.C. 5150).

___ (55) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

___ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C.4505, 10 U.S.C.2307(f)).

___ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C.4505, 10 U.S.C.2307(f)).

X__ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management

(OCT 2018) (31 U.S.C. 3332).

___ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (JUL 2013) (31 U.S.C.3332).

___ (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C.3332).

___ (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

X__ (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C. 637(d)(13)).

___ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV

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2021) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (APR 2003) of 52.247-64.

___ (iii) Alternate II (NOV 2021) 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 products and commercial services:

___ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 67).

___ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).

___ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).

___ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).

(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, as defined in FAR 2.101, on the date of award of this contract, 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

National Cancer Institute 75N91022Q00217 Page 15 of 22 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 products or commercial services. 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 (NOV 2021) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L.

115-232).

(v) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (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 the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

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(vii) 52.222-26, Equal Opportunity (SEP 2015) (E.O.11246).

(viii) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C.4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C.793).

(x) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C.4212)

(xi) 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.

(xii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

(xiii) (A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O 13627).

(B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627)

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67)

(xvi) 52.222-54, Employment Eligibility Verification (NOV 2022) (E.O. 12989)

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xix) (A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

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(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (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 products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

7.2 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by references, 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 these addresses:

https://www.acquisition.gov/far http://www.hhs.gov/policies/hhsar

CLAUSE

REFERENCE

TITLE DATE

FAR 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

January 2017

FAR 52-204-13 System for Award Management Maintenance October 2018 FAR 52.204-19 Incorporation by Reference of Representations and Certifications December 2014 FAR 52.212-4 Contract Terms and Conditions – Commercial Products and

Commercial Services November 2021

FAR 52.247-35 F.O.B. Destination, Within Consignee’s Premises April 1984 HHSAR 352.222-70 Contractor Cooperation in Equal Employment Opportunity

Investigations December 2015

8.0 SUBMISSION INSTRUCTIONS

Quotations must be submitted electronically via-email to the Contract Specialist, Dave Romley, at David.romley@nih.gov no later than the deadline for this RFQ posted on the governmentwide point of entry (GPE), SAM.gov. Modifications, quotes, or revisions received after the deadline in this notice will be considered “late” and will not be accepted, except in accordance with FAR 52.212-1(f).

Quotes should be in MS Office (e.g., Word, Excel), or Adobe .PDF format.

Please reference the RFQ number 75N91022Q00217 in all correspondence.

By submitting a quote, the Quoter agrees that the resulting award will incorporate only the provisions and clauses, and terms and conditions, as outlined in this Statement of Need and stated in the award. Any contractor-provided terms and conditions or agreements will be for reference only. Should the terms of the Government’s award document and any Contractor-provided terms and conditions or agreements conflict, the Government-provided provisions and clauses, and terms and conditions shall control. This request for quotation (RFQ) does not commit the Government to pay any cost for preparation and submission of a quote. In addition, the Contracting Officer is the only individual who can legally commit the Government to the expenditure of public funds in connection with the proposed acquisition. By

National Cancer Institute 75N91022Q00217 Page 18 of 22 submitting a quote to this solicitation, it is understood that the quote will become a part of the official contract file.

8.1 QUESTIONS

Questions must be submitted electronically via e-mail to Dave Romley, Contract Specialist, at David.romley@nih.gov. Questions must be submitted in MS Word or Adobe PDF format or submitted in the body text of the e-mail. All questions must be submitted no later than the date specified in the notice.

Please be advised that the Government reserves the right to transmit any questions and answers of a common interest to all prospective Contractors. Thus, Quoters should ensure questions do not contain any sensitive or proprietary information.

Please reference the RFQ number 75N91022Q00217 in all correspondence.

8.2 ORGANIZATION OF QUOTE

Quoters shall include technical and price information in their quote. The quote should be in MS Office (e.g. Word, Excel) or Adobe PDF format.

In addition to technical and price information, the quote shall include the following administrative information:

Federal Tax Identification Number (TIN)

Unique Entity Identifier (UEI).

Commercial and Government Entity (CAGE) code.

Business size and designation (e.g., small, SDVOSB).

Name and contact information of individual authorized to commit the Contractor.

A statement to the effect that pricing is valid for a period of at least 60 days from the closing date of the solicitation.

A statement of agreement with the terms outlined in the statement of need (SON).

Certification that each item quoted is a domestic end product or a foreign end product in accordance with the provision at FAR 52.225-2 and FAR 52.225-18

8.3 PRICE INFORMATION

Quoters shall prepare a price quote which includes all information necessary to allow for a comprehensive evaluation for the prices quoted to include:

a) Unit price, extended price, and discounts applied, if provided.

b) A total price summary (i.e. sum) of all provided pricing.

Quoters must include all shipping, freight, travel and/or other materials necessary for performance of this requirement in their price quote. The NCI will not accept invoices which include items not listed on the Quoter’s initial quote and incorporated into the schedule of items for the resulting purchase order (PO).

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8.4 FOR AUTHORIZED RESELLERS

As part of their technical quotation, Quoters must provide documentation including a letter of supply, letter of commitment, or other communication from the original equipment manufacturer which demonstrates the Quoter is an authorized reseller of the brand-name or equal products. At a minimum, this documentation must include the following:

a) The date the letter or documentation was issued.

b) The Quoter’s organization name.

c) The specific product, product categories, and/or product numbers the Quoter is authorized to resell.

d) Point-of-contact information including an e-mail for a representative from the brand-name entity.

This documentation will be used by the Government to evaluate whether the Quoter is authorized to provide the items in this solicitation to Federal customers for the proposed duration of this task order. If the Government cannot verify that the Quoter is authorized the provide the required brand-name items, the Quoter may not be evaluated as “technically acceptable” for the purposes of award.

Original equipment manufacturers submitting a quote for their own manufactured products are not required to submit a letter of supply, letter of commitment, or other documentation for their manufactured products.

9.0 SYSTEM FOR AWARD MANAGEMENT

Quoters must be registered in the System for Award Management (SAM) and must have completed the relevant representations and certifications to be eligible for award as a result of this RFQ. Quoters who are not registered in SAM or who do not have the required representations and certifications when they submit a quote may be deemed non-responsive and ineligible for award.

** Quoters who are registered in SAM but who have not completed the representations at FAR 52.204-24 and/or FAR 52.204-26 – or any other representations required by this RFQ – must complete those representations and submit them with their quote **

10.0 EVALUATION PROCEDURES

Evaluations will be conducted in accordance with FAR 12.6 as supplemented by FAR Part 13. The NCI anticipates issuing a single purchase order (PO) will be awarded to the firm that submits the lowest priced technically acceptable (LPTA) quotation. A technically acceptable quotation is one which the Quoter complies with the Statement of Need (SON) and does not take exception nor object to any of the terms of the RFQ. Quotes which are not technically acceptable will not be considered for award.

The technical evaluation will be conducted based on information furnished by the Contractor. The Government is not responsible for locating or securing any information which is not identified in the quotation.

The Government intends to evaluate quotations and make an award without conducting “discussions.”

Therefore, the Quoter’s initial quote should contain the best terms from a price and technical standpoint.

National Cancer Institute 75N91022Q00217 Page 20 of 22

The Government reserves the right to request revisions that seek additional price discounts revisions to the technical quote, or clarifications for aspects of the quote. If the Government seeks revisions or clarifications, the Contract Specialist will provide a reasonable deadline for submission of those revisions/clarifications based on the complexity of the request. The Government reserves the right to request revisions or clarifications from only one or a select number of Quoters, if doing so would be in the public interests.

The Government will evaluate the price based on the total evaluated price. The total evaluated price shall be the sum price of all contract line items. It shall be used to determine the “lowest-priced” quote for evaluation purposes.

The Government may elect to evaluate the price for any individual line item. If pricing is found to be unrealistic or unbalanced in any one CLIN, the entire price may be evaluated as “unreasonable” or “unrealistic.”

A written notice of award or acceptance of an 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.

11.0 SOLICITATION PROVISIONS

11.1 FAR 52.211-6 BRAND NAME OR EQUAL (AUG 1999)

(a) If an item in this solicitation is identified as "brand name or equal," the purchase description reflects the characteristics and level of quality that will satisfy the Government’s needs. The salient physical, functional, or performance characteristics that "equal" products must meet are specified in the solicitation.

(b) To be considered for award, offers of "equal" products, including "equal" products of the brand name manufacturer, must-

(1) Meet the salient physical, functional, or performance characteristic specified in this solicitation;

(2) Clearly identify the item by-

(i) Brand name, if any; and

(ii) Make or model number;

(3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and

(4) Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications.

(c) The Contracting Officer will evaluate "equal" products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.

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(d) Unless the offeror clearly indicates in its offer that the product being offered is an "equal" product, the offeror shall provide the brand name product referenced in the solicitation.

11.2 FAR 52.225-2 BUY AMERICAN CERTIFICATE (FEB 2021)

(a) (1) The Offeror certifies that each end product, except those listed in paragraph (b) of this provision, is a domestic end product.

(2) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products.

(3) The terms "domestic end product," "end product," and "foreign end product" are defined in the clause of this solicitation entitled "Buy American-Supplies."

(b) Foreign End Products:

LINE ITEM NO. COUNTRY OF ORIGIN

11.3 FAR 52.225-18 PLACE OF MANUFACTURE (AUG 2018)

(a) Definitions. As used in this provision— Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except-

(1) FPSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government.

If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

(b) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly-

(1) □ In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or

(2) □ Outside the United States.

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11.4 FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

This solicitation incorporates one or more solicitation 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer.

Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://www.acquisition.gov/far http://www.hhs.gov/policies/hhsar

PROVISION REFERENCE TITLE DATE

FAR 52.204-7 System for Award Management October 2018

FAR 52.204-16 Commercial and Government Entity Code Reporting

August 2020

FAR 52.204-17 Ownership or Control of Offeror August 2020

FAR 52.204-20 Predecessor of Offeror August 2020

FAR 52.204-22 Alternative Line Item Proposal January 2017

FAR 52.212-1 Instructions to Offerors – Commercial Products and Commercial Services

November 2021

FAR 52.212-3 Offeror Representations and Certifications – Commercial Products and Commercial Services

November 2021

FAR 52.225-25…