NIH-NINDS-CSS-20-5718403.pdf

STREAMLINED SOLICITATION FOR COMMERCIAL ITEMS

COMBINED SYNOPSIS / SOLICITATION

COMPETITIVE

Title: Brand Name or Equal: 256-Channel EEG system

Introductory Statement

(i) This is a combined synopsis/solicitation for commercial items 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; quotations are being requested and a written solicitation will not be issued.

Solicitation Number and Authority

(ii) The solicitation number is NIH-NINDS-CSS-20-5718403 and the solicitation is issued as a Request for Quotations (RFQ).

This acquisition is for a commercial item or service and is conducted under the authority of the Federal Acquisition Regulation (FAR) Part 13—Simplified Acquisition Procedures and FAR Part 12—Acquisition of Commercial Items and is not expected to exceed the simplified acquisition threshold. This acquisition is being conducted using full and open competition and will not be set aside for small business concerns. All qualified and responsible Quoters may submit a response to this solicitation.

It is the Government’s intent to award a purchase order using these procedures. Any quotations submitted MUST conform to the specifications contained in the RFQ and Attachment 1 - Purchase Description.

The Government intends to award a single, Firm-Fixed-Price (FFP) purchase order without discussions. Therefore, it is important that your initial quotation include your most favorable terms from both a price and technical standpoint. The Government reserves the right to conduct discussions at any point and with any Quoter(s), however, if it determines it is in its best interest.

The Government also reserves the right to award no purchase order depending on the quality of the quotations, the availability of funding, and the continued existence of the requirement.

Applicable Federal Acquisition Circular

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2020-08, dated August 13, 2020.

NAICS Code and Small Business Standard

(iv) The associated NAICS code is 334510 Electromedical and Electrotherapeutic Apparatus

Manufacturing and the small business size standard is 1,250 employees.

Description of Requirement

(v) The National Institute of Neurological Disorders and Stroke (NINDS), Electroencephalography (EEG) Section requires a brand name or equal Micromed Brain Quick LTM PLUS Line - 256 Channel EEG system both for its use and that of the NINDS Surgical Neurology Branch’s (SNB) Functional and Restorative Neurosurgery Unit (FRNU).

Please see Attachment 1 - Purchase Description for more information.

Essential Characteristics

(vi) Please see Attachment 1 - Purchase Description for a full list of the minimum salient physical, functional, or performance characteristics that any quoted equipment must possess to satisfy this requirement.

Required Information

(vii) Responses to this RFQ must include enough information to establish the Quoter is capable of providing the required equipment. Accordingly, the Quoter shall provide the following information in its response, as applicable:

a) Part/serial number for each line item;

b) Part description for each line item;

c) Place of manufacture for each line item;

d) Unit and list price for each line item,

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

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

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

h) Prompt payment discount terms Shipping and handling costs;

i) Price for shipping/handling/installation/training;

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

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

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

Additionally, the Quoter shall include the following information on the first page of its response:

1. Solicitation Number: NIH-NINDS-RFQ-20-5725498

2. Quote Number

3. Date Quote Submitted

4. Expiration Date of Quote

5. Company’s Full Name and Address;

6. Company’s DUNS Number, CAGE Code, and TIN Number; and

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

Quote

Quoter must also complete and sign Attachment 3 – Representations and Certifications and include the document in its response.

Please pay particular attention to the highlighted text and provide no more information than is required.

Delivery Requirements

(viii) Please see Attachment 1 – Purchase Description for full delivery terms.

Applicability of FAR provision 52.212-1

(ix) The provision at FAR 52.212-1, Instructions to Offerors – Commercial Items, applies to this acquisition and is incorporated by reference.

Applicability of FAR provision 52.212-2

(x) The provision at FAR 52.212-2, Evaluation – Commercial Items, applies to this acquisition. The following evaluation factor information is provided as an addendum:

(a) The Government will evaluate your quote for conformance to the RFQ’s requirements. This evaluation will include verification that the Quoter has followed all instructions contained in the RFQ and a determination that the Quoter is responsible.

(b) The Government will award a purchase order on a Lowest Price Technically Acceptable (LPTA) basis, which requires that award be made to the lowest-priced quote that meets or exceeds the acceptability standards for non-cost factors. A technically acceptable quote must include the required quantities of all supplies, which must comply with the salient characteristics specified in the Purchase Description.

(c) If the Quoter (1) fails or refuses to assent to any term, (2) proposes additional terms, or (3) fails to submit or omits material information required by this RFQ, then the Government will consider your quote UNACCEPTABLE.

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

Applicability of FAR provision 52.212-3

(xi) The provision at FAR 52.212-3, Offeror Representations and Certifications – Commercial Items applies to this acquisition and can be found at Attachment 3 – Representations and Certifications.

As previously stated, the Quoter must include the completed Representations and Certifications form in its response.

Applicability of FAR clause 52.212-4

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

Applicability of FAR clause 52.212-5

(xiii) The clause at FAR 52.212-5, Contract Terms and Conditions Required to Implement

Statutes or Executive Orders–Commercial Items, applies to this acquisition and can be found at Attachment 2 - Additional Terms and Conditions.

Additional Requirements

(xiv) The successful Quoter shall submit all invoices in accordance with Attachment 4 – Invoice Instructions until notified that they are to begin using the procedures outlined in Attachment 5 – Standard Invoice Instructions. In accordance with the Prompt Payment Act (31 U.S.C. 3903), payment will be made no later than 30 days after a proper invoice is received.

Finally, Quoter must possess and maintain an active registration in the System for Award Management (SAM), which can be accessed at www.sam.gov.

Please see Attachment 1 – Purchase Description for other considerations.

Applicability of Defense Priorities and Allocations System (DPAS)

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

Response Deadline

(xvi) All responses must be received by September 11, 2020 at 05:00 pm Eastern Time and reference solicitation number NIH-NINDS-CSS-20-5718403. Responses shall be submitted electronically to Evan Feely, Contract Specialist, at evan.feely@nih.gov.

Fax responses will NOT be accepted.

Solicitation Point of Contact

(xvii) The name and telephone number of the individual to contact for information regarding the solicitation:

Evan Feely Contract Specialist

Phone: 301-827-5301 Email: evan.feely@nih.gov

Any questions regarding this RFQ must be submitted electronically to the listed point of contact by September 09, 2020 at 05:00 PM Eastern Time. Fax responses will NOT be accepted.

Commercial Provisions/Clauses

(xviii) Please be advised that the NIH is a Federal agency. Your mass-market commercial sales and/or license agreement terms and conditions may include provisions that are customarily found in the commercial sector, but which are not appropriate for a contract with a Federal agency. Specifically, NIH considers any provision in your mass-market http://www.sam.gov/ mailto:evan.feely@nih.gov commercial sales and/or license agreement terms and conditions to be inappropriate and unenforceable that:

(1) Contravenes a right granted NIH under U.S. copyright law (e.g., fair use, right to archive, copying for interlibrary loan),

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

(3) Departs from reasonable consumer expectations, or

(4) Violates fundamental public policy.

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

IMPORTANT

(xix) This RFQ does not commit the Government to pay any costs incurred in the preparation of the submission of a quotation or to contract for supplies or services.

Attachments

(xx) Attachment 1 – Purchase Description Attachment 2 – Additional Terms and Conditions Attachment 3 – Representations and Certifications Attachment 4 – Interim Invoice Instructions Attachment 5 – Standard Invoice Instructions