NIH-NINDS-CSS-21-009467.pdf

STREAMLINED SOLICITATION FOR COMMERCIAL ITEMS

COMBINED SYNOPSIS / SOLICITATION

COMPETITIVE

Title: Brand Name or Equal: Ultra-Low-Field Portable MRI 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-21-009467 and the solicitation is issued as a Request for Quotation (RFQ).

This acquisition is for a commercial item or service and is conducted under the authority of the Federal Acquisition Regulation (FAR) Part 13—Simplif ied Acquisition Procedures and FAR Part 12—Acquisition of Commercial Items and is not expected to exceed the simplif ied acquisition threshold. This acquisition is being conducted using full and open competition with no set-aside restrictions. As a result, all interested, qualified, and responsible entities may submit a quotation.

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. All quotations MUST conform to the instructions and specifications contained in the solicitation and Purchase Description to be considered for award.

The Government reserves the right to conduct discussions at any point and with any Quoter(s) if it determines it to be 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 2021-07, dated August 11, 2021.

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 for Neurological Disorders and Stroke’s (NINDS) has a requirement for an Ultra-Low-Field Portable MRI System that is brand name or equal to

Hyperfine Research’s Swoop Portable MRI. The Equipment will provide NINDS investigators the ability to screen patients with multiple sclerosis on their bedside other than transferring them to the imaging facility.

Please see Attachment 1 - Purchase Description for more information.

Delivery Requirements

(vii) The Contractor shall deliver and install all Equipment within 45 days after receipt of order (ARO) at the National Institutes of Health, 10 Center Drive, Room 5C103, MSC 1400, Bethesda, Maryland 20892, between 8:00 am and 5:00 pm, Eastern Daylight Time (EDT). Delivery must be freight on board (FOB) destination and include inside delivery.

On-site training must take place within two (2) weeks of equipment installation. The Contractor shall provide an Original Equipment Manufacturer (OEM) certified service technician to perform setup, installation, and training.

Applicability of FAR clause 52.212-1

(x) The provision at FAR clause 52.212-1, Instructions to Offerors – Commercial Items, applies to this acquisition.

All quoters shall submit the following: One (1) electronic copy of their response with all applicable attachments listed above completed.

Potential offerors are advised of the following:

•Each response must at a minimum meet the solicitation requirements •Responses may exceed requirements •The Government reserves the right to select a response that provides benefit to the Government that exceeds the minimum •The Government is not required to select a response that exceeds the minimum •The Government is not requesting or accepting alternate proposal(s) Information requested herein must be furnished in writing, fully and completely in compliance with the solicitation. The information requested and the manner of submittal is essential to permit prompt evaluation of all offers on a fair and uniform basis. Simple statements of compliance (i.e., “understood”; “will comply”) or phrases such as “standard procedures will be used” or “well known techniques will be utilized” and other generalities, without the detailed description of how compliance will be met, may not be considered sufficient evidence that the proposal can technically meet the project requirements. Accordingly, any proposal in which material information requested is not furnished or where indirect or incomplete answers or information are provided may be considered not acceptable.

Quoters shall provide the following for each line item in their response:

•Part number •Part description •Period of warranty •Place of manufacture •Total price •Any applicable discounts

•Any other information that is relevant to the award decision Additionally, the following information shall be included on the first page of Quoter’s response:

•Company’s Full Name and Address •Company’s DUNS Number and CAGE Code •Name, Telephone Number, and Email Address of Person Authorized to provide Quote

Applicability of FAR clause 52.212-2

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

(a) Comparative Evaluation. The Government may perform a comparative evaluation (comparing offers to each other) in accordance with FAR 13.106-2(b)(3) to select the contractor that is best suited and provides the best value, considering the evaluation factors in this solicitation.

The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

• Offeror has provided brand-name or equal items as described in Attachment 1 - Purchase Description.

The Government must then determine that the total price is fair and reasonable, taking into consideration any price reductions offered by the Quoter. All evaluation factors other than cost or price, when combined are significantly more important than cost or price.

(b) 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.

Applicability of FAR clause 52.212-3

(xii) The provision at FAR clause 52.212-3, Offeror Representations and Certif ications – Commercial Items applies to this acquisition.

•The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://beta.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v)) of this provision.

Applicability of FAR clause 52.212-4

(xiii) The FAR clause at 52.212-4, Contract Terms and Conditions – Commercial Items, applies to this acquisition.

Applicability of FAR clause 52.212-5

(xiv) FAR clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders–Commercial Items, applies to this acquisition. The specific clauses of FAR clause 52.212-5 that apply to this acquisition are listed in Attachment 2 - Additional Terms and Conditions.

Applicability of FAR clause 52.212-6

(xiv) FAR clause at 52.212-6, Brand Name or Equal, applies to this acquisition. Please see Attachment 1 - Purchase Description for more information.

Additional Contract Requirements

(xv) The Quoter shall include its Dun & Bradstreet Number (DUNS), Taxpayer Identif ication Number (TIN), and certif ication of business size in its response, and have an active SAM registration, which can be accessed at www.sam.gov.

The Quoter shall complete and sign the Offeror Representations and Certifications in Attachment 3 and submit same with its quote.

Applicability of Defense Priorities and Allocations System (DPAS)

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

Response Deadline

(xvii) All responses must be received by September 15, 2021 at 02:30 pm EDT and reference solicitation number NIH-NINDS-CSS-21-009467. Responses shall be submitted electronically to Jeremy Tran at jeremy.tran@nih.gov.

Fax responses will NOT be accepted.

Solicitation Point of Contact

(xviii) Jeremy Tran, Contract Specialist

Phone: 301-827-5161 Email: jeremy.tran@nih.gov

Any questions regarding this RFQ must be submitted electronically to the listed point of contact. Fax submissions will NOT be accepted.

Commercial Provisions/Clauses

(xix) Please be advised that the National Institute on Neurological Disorders and Stroke (NINDS), National Institutes of Health (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 commercial sales and/or license agreement terms and conditions to be inappropriate and unenforceable that:

http://www.sam.gov/ mailto:jeremy.tran@nih.gov

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

(2) Violated 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.

NIH shall assume that you agree with the statements herein if you submit a quotation and accept NIH's purchase order.

IMPORTANT

(xx) 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

(xxi) Attachment 1 – Purchase Description

Attachment 2 – Additional Terms and Conditions

Attachment 3 – Offeror Representations and Certif ications

Attachment 4 – Standard Invoice Instructions