RFP 75N98023R0014 Final 63023.docx

RFP 75N98023R00014

Combined Synopsis/Solicitation For American-Made and Sourced Personal Protective Equipment (PPE)

General Information Document Type: Combined solicitation/synopsis Solicitation Number: RFP 75N98023R000014 (NAICS) Code: 339112 Posted Date: June 30, 2023 Due Date for Receipt of Proposals: July 26, 2023, NLT 5pm (EST) via the electronic Contract Proposal Submission (eCPS) website at https://ecps.nih.gov.

Contracting Officer: Mr. Zedekiah J. Worsham Deadline for Questions and Requests for Clarification ONLY to worshamz@od.nih.gov: by 1:00 PM EST, July 10, 2023

Description: The National Institutes of Health (NIH), a division of Health and Human Services (HHS), whose mission it is to apply research and make new discoveries “…to enhance health, lengthen life, and reduce illness and disability” is seeking commercial products in the form of personal protective equipment (PPE) as defined under Subtitle C of Title IX of Division G “Make PPE in America Act” of the Infrastructure Investment and Jobs Act (Pub. L. 117-58) (the “Act” or the “IIJA Act”).

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6 "Streamlined Procedures for Evaluation and Solicitation for Commercial Items," as applicable, and 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 is a request for proposal (RFP) under RFP Number 75N98023R00014. The solicitation documents and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) FAC 2023-04, dated 06/02/2023.

The associated North American Industry Classification System (NAICS) code for this procurement is 339112- Surgical and Medical Instrument Manufacturing with a small business size standard of 1000 Employees.

This RFP is full and open with a small business reserve of at least forty percent (40%) of the multiple awards going to small businesses.

All responsible sources may submit a response which, if timely received, must be considered by the agency.

For this requirement, all PPE must meet the IIJA Act in its entirety, including 100% American Made, with 100% domestic components as described under HHSAR Clause 352.225-70 Made in America.

Background: On November 15, 2021, the Infrastructure Investment and Jobs Act (Pub. L. 117-58) was signed into law. Subtitle C of title IX of Division G, the Make PPE in America Act (Act), requires the Department of Homeland Security (DHS), Department of Veterans Affairs (VA), and the U.S. Department of Health and Human Services (HHS) (including its operating divisions/sub-agencies) to take certain actions to ensure the sustainment and expansion of personal protective equipment manufacturing in the United States and meet the needs of the current pandemic response. Specific actions include ensuring any contract for the procurement of PPE:

(a) be issued for a duration of at least 2 years, plus all option periods necessary, to incentivize investment in the production of personal protective equipment and the materials and components thereof in the United States; and

(b) be for PPE, including the materials and components thereof, that is grown, reprocessed, reused, or produced in the United States.

The Act defines “personal protective equipment” as surgical masks, respirator masks and powered air purifying respirators and required filters, face shields and protective eyewear, gloves, disposable and reusable surgical and isolation gowns, head and foot coverings, and other gear or clothing used to protect an individual from the transmission of disease.

Contract Type It is contemplated that a multiple award indefinite delivery/indefinite quantity (IDIQ) type contract in accordance with FAR Part 16.504. Under these IDIQs, Firm Fixed Price Delivery Orders will be awarded to the responsible, responsive, timely Offerors who are deemed by the Government to meet the requirements set forth in this solicitation.

Minimum and Maximum Contract Amounts Under an indefinite-quantity contract, the Government's agreement to order the minimum quantity provides the consideration necessary to bind the contractor to furnish additional quantities that the Government may, but is not required, to order, up to a stated maximum quantity.

During the contract period of performance (which includes the base period plus all exercised options), the Government shall place orders at a minimum of $10,000 for successful performance under this contract. The maximum value of all contracts is $99,000,000.00. The cumulative amount of all delivery orders shall not exceed $99,000,000.00 for the entire lifecycle of all of the contracts awarded. The authority and ordering procedures to issue delivery orders are addressed below in Section 8.

The Government has no obligation to issue delivery orders to any contractor beyond the minimum amount specified above. For each successful contractor, there will be a one time "minimum guaranty award amount" during the life of the contract, which includes all option years, if exercised. This amount can only be claimed at the end of the contract period if the contractor takes advantage of fair opportunity by proposing on at least one Delivery Order, within the CLIN Areas for which the Contractor received award, offered to the contractor during the years for which the Contractor is eligible.

Period of Performance

1. The period of performance of this contract shall be from a base period of two years from date of award, two one-year option periods (a possible 4-year timeframe in total).

1. If the Government exercises its option(s) pursuant to the OPTION PROVISION of this contract, the period of performance will be increased as listed below:

Option Period 2

Begins: 1 Year +1 day from Option 1 Award Date (Option 2 Award Date) Ends: 1 Year after Option 2 Award Date

On-Ramping and Innovative Products – Open Season/best interest On-ramping supports iterative development of an acquisition. Market conditions can change, or the Government may become aware of new entrants or suppliers that will improve the overall offering or be of benefit to the Government, among other developments. This iterative development can also include increasing the use of small businesses, including various socio-economic small businesses, and/or increasing opportunities for underserved communities.

NIH will determine whether it would be in the Government’s best interest to initiate an open season to add additional Contractors to any of the PPE CLINS at any time, subject to the following conditions:

An open season notice is published in Federal Business Opportunities in accordance with FAR Part 5, Publicizing Contract Action An open season solicitation is issued under current Federal procurement law The solicitation identifies the total anticipated number of new contracts that NIH intends to award Any Offeror that meets the eligibility requirements set forth in the open season solicitation may submit a proposal in response to the solicitation The award decision under the open season solicitation is based upon substantially the same evaluation factors/sub-factors as the original solicitation The terms and conditions of any resulting awards are materially identical to the existing version of the awarded PPE Pool of Contractors;

Immediately upon on-ramping, the Contractor is eligible to submit a proposal in response to any deliveryorder solicitation and receive delivery order awards with the same rights and obligations as any other awarded PPE Contractor.

Awarded Contractors may add new products post Contract award, subsequent to review and approval from NIH, provided the products meet IIJA domestic criteria, Government standards and specifications, which shall be deemed solely by the Government. Awarded Contractors offering new products after Contract award, in addition to meeting the terms and conditions outlined herein, must also provide, technical information/knowledge regarding those products to the Government.

FAR Clause 52.212-4, Contract Terms and Conditions-Commercial Items (December 2022) Incorporated by Reference

52.212-4, Contract Terms and Conditions-Commercial Items Addendum

Specifications Independently and not as an agent of the Government, the Contractor shall be required to furnish all the necessary services, qualified personnel, material, equipment, and facilities, not otherwise provided by the Government, as needed to perform the specifications listed in Solicitation Attachment #3 “IIJA Compliant PPE Specifications, Certification Levels, and Attributes.” The Contractor shall meet and will certify thereto, that it meets all of the terms, conditions, specifications, standards and certifications and attributes as set forth in the IIJA Compliant PPE Specifications, Certification Levels, and Attributes.

Shipping/Delivery Contractor certifies Offeror must demonstrate within the Technical Proposal, its ability to meet all of the terms and conditions of the shipping, packaging, marking, delivery and other terms found within Solicitation Attachment #4, Shipping, Packaging, Marking, and Inspection – Acceptance Guidance.

Method of Ordering Orders issued under this contract may be placed as follows:

[X] in writing and mailed to the following address ________TBD______________________

[X] via electronic mail (e-mail)

The Government will issue Delivery Orders based on the work described in the Specifications of the contract. Upon delivery and acceptance of the item(s) described in each Delivery Order, the Government shall pay to the Contractor the prices in place at time of award of Contract.

Delivery Order Authorization. The Contracting or Ordering Officer is authorized on behalf of the Government to issue orders under the contract. The Awarded Contractor shall provide all authorized deliveries to the NIH Supply Center. Any requests from NIH personnel to order directly from a Contractor shall be re-directed through awarded contract vehicle and the IDIQ Contracting Officer for fulfillment through the NIH Supply Center.

Fair Opportunity In accordance with FAR 16.505(b)(1)(i), each awardee will be given a fair opportunity to be considered for each order exceeding the micro-purchase threshold issued under multiple delivery-order contracts or multiple delivery-order contracts, except:

1. The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

1. Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.

1. The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

1. It is necessary to place an order to satisfy a minimum guarantee.

All awardees will be given a fair opportunity to be considered in accordance with the FAR as follows:

0. For orders exceeding the micro-purchase threshold up to the simplified acquisition threshold, in accordance with FAR 16.505(b)(1)(ii);

0. For orders exceeding the simplified acquisition threshold up to $6 Million, in accordance with FAR 16.505(b)(1)(iii); and,

0. For orders exceeding $6 Million, in accordance with FAR 16.505(b)(1)(iv).

Delivery Order Contract Ombudsman In accordance with FAR 16.505(b)(8), the following individual has been designated as the NIH Ombudsman for task order and delivery order contracts.

[The appropriate individual will be included in the resultant contract as follows:] For Non R&D Contracts:

Dr. Kathryn Partin, Director of Research Integrity

NIH Competition Advocate

1 Center Drive, Room 160, MSC 0151

Bethesda, MD 20892-0151

Phone: (301) 451-7764

E-mail: partinkm@nih.gov

Post Award Evaluation of Contractor Performance Interim and Final evaluations of Contractor performance will be prepared on this contract in accordance with FAR Subpart 42.15. The Final performance evaluation will be prepared at the time of completion of work. In addition to the Final evaluation, Interim evaluation(s) will be prepared annually from date of award. Interim and Final evaluations will be provided to the Contractor as soon as practicable. The Contractor will be permitted thirty days to review the document and to submit additional information or a rebutting statement. If agreement cannot be reached between the parties, the matter will be referred to an individual one level above the Contracting Officer, whose decision will be final. Copies of the evaluations, Contractor responses, and review comments, if any, will be retained as part of the contract file, and may be used to support future award decisions.

Reporting Matters Involving Fraud, Waste and Abuse Anyone who becomes aware of the existence or apparent existence of fraud, waste and abuse in NIH funded programs is encouraged to report such matters to the HHS Inspector General's Office in writing or on the Inspector General's Hotline. The toll-free number is 1-800-HHS-TIPS (1-800-447-8477). All telephone calls will be handled confidentially. The website to file a complaint on-line is: https://oig.hhs.gov/fraud/report-fraud/ and the mailing address is:

US Department of Health and Human Services Office of Inspector General

ATTN: OIG HOTLINE OPERATIONS

P.O. Box 23489 Washington, D.C. 20026 FAR and HHSAR Provisions/Clauses Incorporated by Reference:

· FAR Provision 52.212-1 Instructions to Offerors—Commercial Items (March 2023)

· FAR Provision 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

· FAR Provision 52.204-26-Covered Telecommunications Equipment or Services-Representation (Oct 2020)-Submit in business proposal

· FAR Clause 52.212-4 Contract Terms and Conditions—Commercial Items (Dec 2022).

· FAR Provision 52.219-31 Notice of Small Business Reserve (March 2020)

· FAR Clause 52.242-15 Stop-Work Order (Aug 1989)

· HHSAR Clause 352.203-70 Anti-Lobbying (December 18, 2015)

· HHSAR Clause 352.208-70 Printing and Duplication (December 18, 2015)

· HHSAR Clause 352.222-70 Contractor Cooperation in Equal Employment Opportunity Investigations (December 18, 2015)

· HHSAR Clause 352.224-71 Confidential Information (December 18, 2015)

· HHSAR Clause 352.239-73 Electronic Information and Technology Accessibility Notice (December 18, 2015)

· HHSAR Clause 352.239-74 Electronic and Information Technology Accessibility (December 18, 2015) FAR and HHSAR Provisions/Clauses Provided in Full and incorporated by reference

· FAR Provision 52.212-3 Offeror Representations and Certifications—Commercial Items (Dec 2022)-Offerors are required to include a completed copy of the provision in their business proposal. See Solicitation Attachment #4

· FAR Clause 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items (June 2023)-See Solicitation Attachment #6

· Invoicing Instructions-See Solicitation Attachment #7 FAR Clause 52.216-18 Ordering (October 1995) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule [The Government IDIQ Contracting Officer]. Such orders may be issued during the period of performance of the Contract.

All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of clause)

FAR Clause 52.216-19 Order Limitations (October 1995)

1. Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $5,000 the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

1. Maximum order. The Contractor is not obligated to honor-

1. If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

1. Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 2 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause) FAR Clause 52.216-22 Indefinite Quantity (October 1995)

a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

b) (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after TBD.

(End of clause) FAR Clause 52.217-8 Option to Extend Services (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days of contract expiration.

(End of clause) FAR Clause 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 within 45 days provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 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 4 years.

FAR Provision 52.212-2 Evaluation—Commercial Products and Commercial Services (Nov 2021)

a) 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:

See Article 14 TECHNICAL EVALUATION FACTORS.

Technical and past performance, when combined, are significantly more important than cost or price.

b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

c) 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.

(End of provision) HHSAR Clause 352.225-70 Made in America – Personal Protective Equipment (Feb 2023)

(a) Definitions. As used in this clause:

Component, as applied to an item described in subsection (b) of this clause, means an article, material, or supply incorporated directly into personal protective equipment.

Domestic personal protective equipment, as applied to an item described in subsection (b) of this clause, means personal protective equipment, including the materials and components thereof, that is grown, reprocessed, reused, or produced in the United States.

Foreign-made domestic personal protective equipment, as applied to an item described in subsection (b) of this clause, means personal protective equipment that is assembled outside the United States containing only materials and components that are grown, reprocessed, reused, or produced in the United States.

Foreign personal protective equipment means personal protective equipment other than domestic personal protective equipment or foreign-made domestic personal protective equipment.

Personal protective equipment, as applied to an item described in subsection (b) of this clause, means surgical masks, respirator masks and powered air purifying respirators and required filters, face shields and protective eyewear, gloves, disposable and reusable surgical and isolation gowns, head and foot coverings, and other gear or clothing used to protect an individual from the transmission of disease.

United States, as applied to an item described in subsection (b) of this clause, means the 50 States, the District of Columbia, and the possessions of the United States.

(b) The Contractor shall deliver only domestic personal protective equipment, unless it specified delivery of foreign-made domestic personal protective equipment in the provision of the solicitation entitled “Made in America Certificate – Personal Protective Equipment."

(End of clause) HHSAR Provision 352.225-71, Made in America Certificate – Personal Protective Equipment (Feb 2023) (Submit this Certification as part of the Technical Proposal (does not count against page limit) (a)(1) The Offeror certifies that each item of personal protective equipment, except those listed in paragraph (b) of this provision, is domestic personal protective equipment.

(2) The Offeror shall list offered foreign-made domestic personal protective equipment items in paragraph (b).

(3) The terms “domestic personal protective equipment,” “foreign-made domestic personal protective equipment,” foreign personal protective equipment,” and “personal protective equipment,” are defined in the clause of this solicitation entitled “Made in America—Personal Protective Equipment.”

(b) Foreign-made Domestic Personal Protective Equipment:

Line Item Number Country of Origin

[List as necessary] (End of provision) Contracting Officer’s Representative (COR) The following Contracting Officer's Representative (COR) will represent the Government for the purpose of this Contract:

TBD

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 statement of work; (2) modify or extend the period of performance; (3) change the delivery schedule; (4) authorize reimbursement to the Contractor for any costs incurred during the performance of this contract; (5) otherwise change any terms and conditions of this contract; or (6) sign written licensing agreements.

NOTE: Government acceptance may depend on the compliance with FDA regulations. The COR reserves the right, prior to acceptance, to consult with technical subject matter experts at NIH in health and safety, or FDA under its authority under Public Law 115-92 to determine compliance of the material to be delivered.

The Government may unilaterally change its COR designation at any time.

STATEMENT OF THE EVALUATION FACTORS AND THEIR RELATIVE ORDER OF IMPORTANCE

The Government will make award to the responsible offeror whose offer conforms to the solicitation and is most advantageous to the Government, technical factors and cost or price considered. For this solicitation, all technical evaluation factors are significantly more important than cost or price. In the case of critical safety items, such as PPE, technical evaluation will be the most important, since the Government cannot compromise on specifications, materials/components, quality, and safety over cost.

As proposals become more equal in their technical merit, the evaluated price becomes more important. The award may be made without negotiations. Therefore, offerors will be requested to submit initial proposals to the Government on the most favorable terms from a technical and price standpoint. The Government reserves the right to conduct negotiations.

1. Go/No Go threshold qualification must be met prior to applying additional evaluation criteria set forth in Section II and III below.

Threshold: Compliance with Subtitle C of title IX of Division G, “ Make PPE in America” (the “Act”) of the Infrastructure Investment and Jobs Act (Pub. L. 117-58) (“IIJA”) for 100% American manufactured, 100% American sourced components for Personal Protective Equipment being offered to the Government.

Offerors need not provide all of the PPE products outlined in the Infrastructure Investment and Jobs Act (IIJA) (however, all offered products must meet IIJA), but offering more than one (1) of the PPE types that meets IIJA compliance will be considered in Technical Evaluation Factor B “Delivery Volume and Schedule.”

Offerors are required to provide proof of IIJA compliance through certifications, standards, and clearances (ex: 510(k) for manufacturers through FDA), supplier agreements if a re-seller, manufacturer agreements, and/or other documented proof that is acceptable to the Government, of having met the threshold of providing 100% American manufactured, American component PPE (100% USA).

Not providing applicable information related to certifications, standards, clearances, agreements, etc. or not providing sample(s) related to PPE being offered under Technical Expertise, will result in the Offeror being deemed nonresponsive and will not be evaluated further based on the additional criteria set forth below.

The technical evaluation factors and non-technical evaluation factors are listed below in descending order of importance.

Technical Evaluation Factors (weighted 100%)

Technical Evaluation Factors (Weighted 100%)

TECHNICAL EVALUATION FACTORS

FACTOR A: Technical Expertise including PPE IIJA compliance, demonstrated experience in providing PPE to the government, national health provider and/or hospital network that meets the technical specifications for the product being offered (i.e., glove attributes, certifications, National Institution of Occupational Safety and Health (NIOSH) ratings for respirators), ensuring an uninterrupted supply chain from sourcing to distribution and specifications standards were met to expectation.

Weight: 50%

Description: This factor considers the Offeror’s demonstrated experience in planning, sourcing, and providing an uninterrupted source of PPE meeting or exceeding specification standards to support health and safety outcomes, identifying potential risks (risks they do not control on a project that is being competed), how they minimize such risks, how efficiently they plan and operate within their network from manufacturer to warehouse to distribution, including the management of 3rd party logistics, and subcontractors to delivery point. It also includes providing Supplier Agreements if a reseller provides a proposal in order to ensure an uninterrupted supply chain. Offeror’s response will be evaluated for thoroughness and evidence of their ability to satisfy the Government requirements.

Demonstrated Experience, including 2-3 contracts completed (or currently providing) within the last 5 years for government or a national health provider or hospital network that PPE valued at least $350,000. Please indicate whether (and what percentage) the PPE was domestically sourced.

Standard for Evaluation: The experience factor focuses on the degree to which an offeror has actually performed similar work.

The Offeror shall submit, up to two pages per project, detailed descriptions of two to three completed (or currently providing) contracts for evaluation, with a contact/reference for each contract. All contracts shall have been completed (or currently providing) within the last five years of solicitation due date submittal and shall be identified by the Offeror as being similar in providing domestically sourced PPE to the Government, national health care provider, and/or hospital network, in size, scope, and complexity to the requirements provided in the Specifications. The Offeror is responsible for demonstrating how projects they deem “similar” are in fact comparable in size, scope, and complexity and how their experience in delivering such PPE will successfully benefit the Government for its current PPE requirements, and demonstrably support a stronger, uninterrupted, domestic supply chain. Each project submitted must have a product delivery/total contract value of no less than $350,000.00.

Procedure for evaluation: Offeror shall be evaluated on the completeness, relevancy, and comprehensiveness of Factor A-1 (Demonstrated Experience). Offeror shall be evaluated on the degree to which the projects include General Contract Data, Specific Contract Data, a detailed Contract Narrative and Project References, address similar size, scope and complexity AND reasonably demonstrate the relevant experience necessary to be of benefit to the Government and an uninterrupted domestic supply chain.

References under Demonstrated Experience provided by the Offeror may be contacted by the Government.

Sample of IIJA Compliant PPE offered for Government Evaluation No more than one sample per contract line item proposed shall be submitted to the Government to determine whether items meet specifications for anticipated use). Information concerning submitting samples are detailed further in the solicitation.

Project Plan Description: This factor considers the Project Plan that the contractor proposes to successfully provide the products under this multiple award IDIQ. The Government expects the contractor to have a plan for completing this work timely, efficiently, and to specification standards, while minimizing costs and supply chain disruption.

Standard for Evaluation: The Offeror shall submit the following:

A written plan, up to 5 pages, (no smaller than size 11 font Times New Roman), consisting of a narrative explanation of how the contractor intends to perform the work, manage subcontractors/manufacturers, ensure quality assurance through its manufacturing and distribution networks, ensure supplier agreements are enforced, mitigate risks, so as to complete product deliveries on time, efficiently and effectively to meet government standards and specifications.

The standard is met when:

The offeror has responded to the above requirements and provided detailed descriptions that evidence a firm understanding of the project, risk mitigation, and a satisfactory approach to provide value to the customer and project in performance of domestically sourced PPE production and delivery to ensure the health and safety of customers through an uninterrupted supply chain.

FACTOR B: Delivery Volume and Schedule

Weight: 40%

Demonstrated capability for production standards. This factor considers the Offeror’s experience producing high volume, domestic product (IIJA Compliant) distribution capability.

Standard for Evaluation: The Offeror shall submit, the following:

A completed Form 4, “PPE Metrics for Responsive Offerors” for each of the PPE products that Offeror is offering to the Government. Any PPE product that does not have completed information for all columns will not be considered for that CLIN not fully completed.

All Supplier Agreements in place with Offeror for each of the PPE being offered (if a reseller/distributor and not a manufacturer). If a manufacturer, a statement to that effect and why Supplier Agreements are N/A.

Surge Capacity Certification: A written statement, up to three pages, demonstrating how surge capacity, high volume demands, and delivery schedule can be met for a 2x week delivery to Bethesda campus and 1x week delivery to other locations identified in the solicitation will be met.

FACTOR C: Bio-Degradable (green) PPE products and other innovative PPE products that exceed specification standards

Weight: 10%

Standard for Evaluation: The Offeror shall submit a written statement, up to two pages (size 11 font Times New Roman) for all green PPE products and other PPE products that exceed specification standards specifying the benefit to the Government.

PAST PERFORMANCE FACTOR

Offerors' past performance information will be evaluated for the offerors most likely to receive an award.

The evaluation will be based on information obtained from references provided by the offeror, other relevant past performance information obtained from other sources known to the Government (such as CPARS), and any information supplied by the offeror concerning problems encountered on the identified contracts and corrective action taken.

The Government will assess the relative risks associated with each offeror. Performance risks are those associated with an offeror's likelihood of success in performing the acquisition requirements as indicated by that offeror's record of past performance.

The assessment of performance risk is not intended to be a product of a mechanical or mathematical analysis of an offeror's performance on a list of contracts but rather the product of reasonable judgment by the Government after it considers all relevant information.

When assessing performance risks, the Government will focus on the past performance of the offeror as it relates to all acquisition requirements, such as the offeror's record of performing according to specifications, including standards of good workmanship; the offeror's record of controlling and forecasting costs; the offeror's adherence to contract schedules, including the administrative aspects of performance; the offeror's reputation for reasonable and cooperative behavior and commitment to customer satisfaction; and generally, the offeror's business-like concern for the interest of the customer.

The Government will consider the currency and relevance of the information, source of the information, context of the data, and general trends in the offeror's performance.

The Government will evaluate the degree to which past performance evaluations for relevant efforts, either included in the proposal or identified by the evaluators in any other manner, reflect success in the requirements and the degree to which these evaluations of past performance reflect a history of customer satisfaction and collaboration. Past performance information will be utilized to determine the quality of the Offeror’s past performance as it relates to the probability of success of the required effort. Due to the wide variety of past performance history of individual Offerors, the Government is not required to ensure that an equal number of references be obtained for each Offeror. A lack of recent and relevant past performance will be evaluated as neutral.

The lack of a relevant performance record may result in an unknown performance risk assessment, which will neither be used to the advantage nor disadvantage of the offeror.

PROPOSAL INSTRUCTIONS:

A complete proposal consists of 4 separate components:

1) The Technical Proposal

2) The Business Proposal

3) The Subcontracting Plan (unless a small business offeror)

4) The Sample Submittal (a component of the Technical Proposal, but sent separately)

The written Technical and Business Proposals, each shall be separate and complete in itself so that evaluation of one may be accomplished independently of, and concurrently with, evaluation of the other.

Offerors should carefully review the solicitation including all attachments. Any questions or requests for clarification must be submitted to the Contracting Officer in writing, via email only by the deadline identified on the first page of the solicitation.

The Technical Proposal, must address each of the Technical Factors (described in more detail in Section 17, above:

Factor A: Technical Expertise

· Demonstrated Experience

· Sample of PPE (per line item offered, sent under separate cover)

· Project Plan Factor B: Delivery Volume and Schedule

· Completed Form 4

· Supplier Agreements (Or Statement as to why they are not applicable)

· Surge Capacity Statement Factor C: Bio-Degradable (green) PPE products and other innovative PPE products that exceed specification standards The Technical Proposal must also include:

Company Offeror’s name (including, DBA designation, if applicable) Company’s Unique Entity Identifier (UEI). (The Federal Government has transitioned from the use of the DUNS Number to the UEI as the primary means of entity identification for Federal awards government-wide.)

Point of Contact (POC) Name POC email, address, and phone number RFP/Solicitation Number Company Offeror’s Tax Identification Number (which must be valid for a minimum of 120 calendar days)

The Business Proposal:

The Pricing/CLIN Excel Workbook (Solicitation Attachment #1).

NOTE: The total price shall include all labor, equipment, delivery charges, materials, overhead, profit, insurance, and all other expenses necessary to deliver the required equipment. No additional sums will be payable on account of any escalations in the cost of materials, equipment, or labor, or because of the Contractor’s failure to properly estimate or accurately predict the cost or difficulty of achieving the results required by this Contract. Nor will the contract price be adjusted on account of fluctuations in currency exchange rates. Any costs not priced will be considered to be included in the overhead and other indirect costs.

Offerors must hold proposals firm for at least 120 days from the deadline for receipt of proposals. NIH may send a written request to all offerors to hold their offer firm for a longer time period of time.

CLIN Structure and Tiered Pricing Form (Solicitation Attachment #2) Any and all signed amendments to the Solicitation All required, fully executed Contractor Representations, including but not limited to: FAR Provision 52.212-3 Offeror Representations and Certifications—Commercial Items; and FAR Provision 52.204-26 Covered Telecommunications Equipment or Services-Representation (Oct 2020) Certifications that Contractor shall meet all of the terms and conditions, standards and certifications of the shipping, packaging, marking, delivery and other terms found within IIJA Compliant PPE Specifications, Certification Levels, and Attribute, Solicitation Attachment #3 and “Shipping, Packaging, Marking, and Inspection – Acceptance Guidance” Solicitation Attachment #4.

Any other relevant pricing information

The Sample Submittal: Samples of each of the PPE/per CLIN that are being offered to the Government, mailed separately, to:

DLS/NIH Supply Center ATTN: Zedekiah Worsham/RFP PPE 16071 Industrial Boulevard Gaithersburg, MD 20877-1463

Product samples must be submitted and received by the Government NLT the time specified for receipt of proposals. Samples will be secured in a climate-controlled facility and held unopened until the deadline for receipt of proposals. As samples are received, the outer box/envelope will be annotated with the date and time of receipt and a log of samples received with types and dates will be captured.

These samples must be submitted at no expense to NIH, will not be returned, and may be destroyed during testing. The Government is not responsible for the cost of sample submittal nor any cost associated with any aspect of the sample(s) provided to the Government.

Sample submissions must include the following:

Offeror’s name (Including, DBA designation, if applicable) Company’s Unique Entity Identifier (UEI) (The Federal Government has transitioned from the use of the DUNS Number to the UEI as the primary means of entity identification for Federal awards government-wide.)

Point of Contact (POC) Name POC email, address, and phone number RFP/Solicitation Number

If an Offeror is submitting samples in separate packages, Offerors must clearly label packages with the above information AND what # package it is of the lot being submitted (for example “1 of 2”, “1 of 3”, “1 of 4”, etc.). Any offeror that fails to respond with a sample for the CLIN(s) they are submitting a technical and price proposal for will be considered non-responsive and ineligible for award of the missing sample CLIN(s).

The Subcontracting Plan (unless the Offeror is a small business); In accordance with FAR 19.704 and FAR Clause 52.219-9, the submission of a subcontracting plan by other than small business offeror(s) is a requirement as a part of the proposal submission process and shall be submitted separately from the technical and business proposals. An offeror's subcontracting plan must be determined to be acceptable, by the Contracting Officer, prior to the contract award.

1. FAR CLAUSE 52.219-8 Compliance. The failure of any Contractor or subcontractor to comply in good faith with FAR Clause 52.219-8, entitled, “Utilization of Small Business Concerns” incorporated in this contract and the attached Subcontracting Plan, will be a material breach of such contract or subcontract and subject to the remedies reserved to the Government under FAR Clause 52.219-16 entitled, “Liquidated Damages- Subcontracting Plan.”

2. Electronic Submittal (SBCX). An offeror is to submit their respective subcontracting plan electronically using the U.S. Department of Health and Human Services (HHS) Small Business Customer Experience (SBCX) system at https://osdbu.hhs.gov. The offeror shall follow the instructions outlined in the SBCX Industry Guide at: https://oamp.od.nih.gov/nih-document-generation-system/dgs-workform-information/attachment-files-section-j to successfully submit their subcontracting plan by the proposal submission deadline.

3. Timely Submittal. The official point of receipt for determining timely submission of an offeror's subcontracting plan is the SBCX system and/or email notification. Once the subcontracting plan is successfully submitted in the SBCX system, the offeror should receive an email notification and confirmation message of completion upon submission.

4. Late Subcontracting Plan Submittal. If an offeror's subcontracting plan is not confirmed as received within the SBCX system by the proposal submission date specified in the solicitation, it will be considered late in accordance with FAR Provision 52.212-1(f), Instructions to Offerors-Commercial Products and Commercial Services. Disposition of late submittals of a subcontracting plan by an offeror via the SBCX system is at the discretion of the Contracting Officer.

5. Technical Questions on SBCX. Any technical questions regarding the use of the SBCX system may be submitted via email message to the SBCX help desk at client.support@apexlogic.com. The client support hours of operation are Monday–Friday, 6:00 a.m.–8:00 p.m. Eastern Standard Time (EST). Note: help desk tickets can be submitted 24 hours a day/7 days a week and a representative will respond within the presented client support hours of operation for assistance.

PROPOSAL SUBMISSION

The Offeror is responsible for all costs associated with the preparation, submittal, presentation, and evaluation of any proposal. Electronic Proposals (Technical and Business) shall be in Microsoft Word, Excel, PowerPoint, or Adobe Acrobat. NIH uses Microsoft Office 2013.

An offeror is responsible for ensuring that its proposal is physically received by NIH prior to the deadline for receipt of proposals, identified on the first page of this solicitation.

Offerors assume the risk of the method of dispatch chosen. NIH assumes no responsibility for delays caused by any delivery service. Only samples may be sent via mail for delivery and are a component of a responsive proposal. Postmarking by the deadline does not substitute for actual proposal receipt by NIH.

eCPS. Technical and Business Proposals must be submitted via the electronic Contract Proposal Submission (eCPS) website at https://ecps.nih.gov. Technical and Business Proposals submitted by mail (other than the samples), facsimile or e-mail will not be accepted.

1. Follow the “How to Submit an Electronic Proposal” instructions provided on the eCPS website at: https://ecps.nih.gov/home/howto. Please note that creating an account to submit may take up to three business days. Please apply for a new account early to allow enough time for the registration process,.

2. Offerors are solely responsible for submitting proposals and any modifications or revisions so as to reach the Government office designated above by the date and time specified in the solicitation. If your proposal is not received by the date and time specified in the solicitation, it will be considered a “late proposal,” in accordance with FAR Provision 52.212-1(f), Instructions to Offerors-Commercial Products and Commercial Services.

Creating and Naming Files:

1. Create one PDF file of your Technical Proposal, including all attachments. The Technical Proposal should be created in a PDF format that enables word searches to the maximum extent practicable. Forms and/or documents requiring signature(s) may be scanned, but must be merged into the Technical Proposal PDF file.

2. Create one PDF file of your Business Proposal, including all attachments:

3. The Business Proposal should be created in a PDF format that enables word searches to the maximum extent practicable. Forms and/or documents requiring signature(s) may be scanned, but must be merged into the Business Proposal PDF file.

4. Create your Pricelist/CLIN Excel Workbook. This Excel file should be in the form of Attachment 1 to this solicitation “Pricelist/CLIN Excel Workbook.” Multiple Excel files may be included, as necessary.

5. Each proposal, Technical and Business, must be separate and complete unto itself. Do not reference one proposal in the other.

6. File naming convention: It is requested that the filenames for your Technical Proposal, Business Proposal, and Pricelist/CLIN Excel Workbook include the name of the offeror, the solicitation number and the type of proposal.

Examples:

· Technical Proposal: XYZ Company_NIHAI2012001_Technical.pdf

· Business Proposal: XYZ Company_NIHAI2012001_Business.pdf

· Pricelist/CLIN Excel Workbook: XYZ Company_NIHAI2012001_Business.xlsx Formatting And Page Limitations:

1. Formatting for proposals

· Proposal page layout shall be letter size 8.5" x 11" for all pages.

· Proposals shall not include links to website addresses (URLs) or otherwise direct readers to alternate sources of information.

· Proposals shall not include audio or video files of any type.

· Font size must be Times New Roman, 11 points.

· Spacing should be no more than 15 characters per inch.

· Within a vertical inch, there must be no more than six lines of text.

· Margins must be at least one inch on all sides.

Failure to adhere to the formatting requirements above may impact whether your proposal is reviewed in its entirety.

2. Page limitations:

· The total page count of the Technical Proposal shall not exceed 18 pages

· Demonstrated Experience (NTE 2 pages per project/3 projects total): 6 pages

· Project Plan: 5 pages

· Delivery Volume and…