RFQ - 75N91020Q00042.pdf

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COMBINED SYNOPSIS/SOLICITATION

REQUEST FOR QUOTATION

RFQ # 75N91020Q00042

1.0 TITLE

Lease of a Brand-Name or Equal Oxford Nanopore Technologies GridION for Long Read

Sequencing of DNA and RNA

1.1 GENERAL INFORMATION

Document Type: Combined Synopsis/Solicitation – Request for Quotation

Solicitation Number: 75N91020Q00042 Posted Date: 21 August 2020

Response Date: 28 August 2020 at 12:00 PM EST

Classification Code: 6640 – Laboratory Equipment and Supplies

NAICS Code: 532490 – Other Commercial and Industrial Machinery and

Equipment Rental and Leasing

Business Size Standard: $32.5 million

1.2 CONTRACTING OFFICE ADDRESS

Department of Health and Human Services

National Institutes of Health

National Cancer Institute

Office of Acquisitions

Strategic Acquisitions Branch

9609 Medical Center Drive

Room 1E134

Rockville, MD 20850

United States of America

1.3 DESCRIPTION

The Department of Health and Human Services (DHHS), National Institutes of Health (NIH), National Cancer Institute (NCI), seeks to procure a hardware license (i.e. “lease”) of a brand-name or equal Oxford Nanopore Technologies GridION instrument.

This is a combined synopsis/solicitation for commercial items, prepared in accordance with format in FAR 12.6 as supplemented with additional information included in this notice, and shall be processed in accordance with FAR Part 13 – Simplified Acquisition Procedures. This announcement constitutes the only solicitation and a separate written solicitation will not be issued. This combined synopsis/solicitation is issued as a request for quote (RFQ) and includes all applicable provisions and clauses in effect through FAR Federal Acquisition Circular (FAC)

2020-08 (7/14/2020) Simplified Acquisition Procedures for commercial items.

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The Government anticipates that only one award will be made as a result of this solicitation.

2.0 BACKGROUND

The National Cancer Institute, Division of Cancer Epidemiology and Genetics (NCI/DCEG), Laboratory of Translational Genomics works to develop new approaches to the study of the genetic basis of cancer and its outcomes. Specifically, this lab investigates the genetic basis of strong association signals identified in candidate gene association studies, loci identified by linkage analyses in high-risk families, or genome-wide association studies (GWAS).

In order to further research in this field, the lab needs to perform targeted resequencing of regions on the human genome that have been genetically linked to cancer predisposition. Long sequence reads are essential for haplotype analysis and detection of large structural variants.

Epigenetic modification of DNA is an important regulator of gene expression. Conventional methods for detecting DNA methylation requires bisulfite conversion and amplification;

however, the lab seeks a more rapid solution.

3.0 STATEMENT OF NEED

The Contractor shall:

• Provide all labor, parts, and materials, and equipment necessary to deliver the scientific equipment outlined in the Statement of Need (SON);

• Service and provide routine maintenance for all equipment throughout the term of the lease;

• Furnish all software necessary to operate the equipment; and

• Follow all delivery and administrative instructions and guidance provided in this order.

3.1 PRODUCT FEATURES/SALIENT CHARACTERISTICS

The following product features/characteristics are required for this requirement:

• Must sequence DNA directly without amplification.

• Must sequence RNA directly without cDNA synthesis.

• Sequencing must not rely on synthesis or incorporation of tagged (e.g. fluorescent) nucleotides.

• Must be capable of directly identifying epigenetic modifications (in RNA or DNA) simultaneously with nucleotide sequence.

• Must identify DNA methylation without bisulfite conversion.

• Must allow real-time base calling allows sequence results to be viewed in real time.

• Must be capable of producing long sequence reads (600 bp to >30 kb).

• Must have run time of not more than 72 hours per flow cell.

• Must be able to control 1-5 flow cells independently.

• Must be a benchtop instrument not exceeding 15 kg, 250mm H x 400 mm W x 400 mm D.

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• Must have remote installation capability to ensure the device is correctly installed and ready to use.

• Must have 48 flow cells.

• Must have 4 flow cell wash kits.

• Must have at least 8 sequencing kits.

• Must have at least a 1-year software license and device warranty

4.0 SPECIAL CONTRACT REQUIREMENTS

4.1 GOVERNMENT RESPONSIBILITIES

The Government shall follow all manufacturer’s recommended guidelines for operation and usage of the leased equipment for the term of the lease. The Government shall use only those consumables provided or authorized by the Contractor. The Government shall use only software which is approved for use with the equipment by the Contractor. The Government shall maintain all equipment in good condition and in a safe location.

At the conclusion of the lease, the Government shall coordinate with the Contractor to facilitate a return of all non-consumable supplies furnished under this order to the Contractor. The

Government shall utilize a pre-paid return label issued by the Contractor to return all equipment and non-consumables to the Contractor.

4.2 WARRANTY

The Contractor shall warrant against any material or manufacturing defects, defective materials, and defective workmanship in all software and instruments for the term of the lease.

If a defect results lost or decreased performance of instruments or software, the Contractor shall provide all parts, materials, and labor required to repair or replace the instruments or software at no additional cost to the Government.

4.3 DELIVERY

4.3.1 GENERAL

The Contractor shall deliver all supplies FOB destination. Supplies shall be delivered to the following address:

National Cancer Institute

9615 Medical Center Dr.

Rockville MD 20850

Pursuant to FAR 52.212-2, all supplies and services to be delivered under this contract are subject to final inspection and acceptance by an authorized representative of the Government.

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Note: The Contractor that receives the award will be provided with the complete mailing address and the NCI technical point-of-contact (TPOC) information. The Contractor shall communicate with the NCI TPOC to schedule the delivery date and time.

4.3.2 SPECIAL CONSIDERATIONS REGARDING DELIVERIES DURING COVID-19

The Contractor shall store or retain all supplies furnished under this order until notified by the

NCI Contracting Officer, COR, or technical point of contact (TPOC) of a delivery date. The

Contractor shall deliver supplies no later than 90-days after notification.

The Contractor shall not sell supplies furnished under this order to another company or party if the NCI is unable to accept delivery due to conditions related to COVID-19.

Training and installation as required by the Statement of Need may be delayed due to conditions related to COVID-19. If services provided under this order are delayed, the Contractor shall provide all services at different times and dates at no additional cost.

The Contractor shall direct all courier and delivery services – including those not operated by the

Contractor (e.g. FedEx, USPS, UPS) – to follow the instructions in this section.

All companies delivering to the NIH main campus must comply with Commercial Vehicle

Inspection Facility (CVIF) access procedures. Upon arrival, the CVIF will provide a list of buildings and loading docks to delivery personnel.

Deliveries will be logged in at the loading dock, and the loading dock contractor or Government personnel will attempt to contact the TPOC listed on the package. In the event that the TPOC is unable to accept the package, the delivery shall not be left at the loading dock station. The delivery must be returned to the Contractor, and the Contractor must coordinate with the TPOC to deliver on another date at no additional cost.

Deliveries can only be made between 6:00 a.m. and 4:00 p.m. EST, Monday – Friday, excluding federal holidays.

5.0 TYPE OF ORDER

This is a Firm Fixed-Price (FFP) purchase order for severable services.

6.0 PERIOD OF PERFORMANCE

The period of performance for this purchase shall be for one year following date of award. The anticipated period of performance is:

09/16/2020 – 09/15/2021

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7.0 TASK ORDER CLAUSES AND TERMS

7.1 FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS

(AUG 2019)

(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 items:

(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 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 (Jul 2018)

(Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment. (Aug 2019) (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. 3805note)).

(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 items:

CLAUSE

REFERENCE NO.

TITLE EFFECTIVE

DATE

52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

Jun 2020

52.209-6 Protecting the Government’s Interest When

Subcontracting with contractors Debarred, Suspended, or Proposed for Debarment

Jun 2020

52.219-28 Post-Award Small Business Program

Rerepresentation

May 2020

52.222-21 Prohibition of Segregated Facilities Apr 2015 https://www.acquisition.gov/content/52203-19-prohibition-requiring-certain-internal-confidentiality-agreements-or-statements#i52_203-19 https://www.acquisition.gov/content/52204-23-prohibition-contracting-hardware-software-and-services-developed-or-provided-kaspersky-lab-and-other-covered-entities#id189A70O0P1N https://www.acquisition.gov/content/52204-25-prohibition-contracting-certain-telecommunications-and-video-surveillance-services-or-equipment#id1989I600I4C https://www.acquisition.gov/content/52209-10-prohibition-contracting-inverted-domestic-corporations#i1062680 https://www.acquisition.gov/content/52233-3-protest-after-award#i1048661 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52233-4-applicable-law-breach-contract-claim#i1048698 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

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52.222-26 Equal Opportunity Sept 2016

52.223-3 Convict Labor Jun 2003

52.222-36 Equal Opportunity for Workers with Disabilities Jun 2020

52.222-50 Combating Trafficking in Persons Jan 2019

52.223-18 Encouraging Contractor Policies to Ban Text

Messaging While Driving

Jun 2020

(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 items:

CLAUSE

REFERENCE

NO.

TITLE EFFECTIVE

DATE

No applicable clauses

(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 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 items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

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(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (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 (Jul 2018)

(Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and

Video Surveillance Services or Equipment. (Aug 2019) (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).

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

(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 (Jan 2019) (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).

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(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 (Oct 2015) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(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.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels

(Feb 2006) (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 items 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 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. 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

NO.

TITLE EFFECTIVE

DATE

FAR 52.212-4 Contract Terms and Conditions –

Commercial Items

October 2018

FAR 52.247-45 F.O.B. Destination, Within Cosignee’s

Premises

April 1984

7.3 PAYMENT TERMS

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Payment shall be made in monthly arrears for leased equipment and software licenses. Payment shall be made upon delivery and acceptance for any items to which the Government gains title under this order. The Contractor shall not invoice for any supplies or services not listed on the schedule of items incorporated into the purchase order (PO).

Payment authorization requires submission and approval of invoices to the technical point of contact (TPOC) and NIH OFM, in accordance with the 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:

7.3.1 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 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 taken into account 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. Data Universal Numbering System (DUNS) or DUNS + 4 as registered in the System for Award Management (SAM).

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

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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.

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.

B. 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.

C. Mail an original and 1 copy of the itemized invoice to:

Office of Financial Management, Commercial Accounts

2115 East Jefferson Street, Room 4B-432, MSC 8500

Bethesda, MD 20892-8500

For inquiries regarding payment call: (301) 496-6088

In order to facilitate the prompt payment of invoices, it is recommended that the vendor submit a photocopy of the invoice to the “Consignee” designated for the acquisition in blocks 6A – 6E of the face page of the Order/Award document.

7.3.2 ELECTRONIC INVOICING PROCEDURES

Effective 1 April 2020, all NIH contractors/vendors invoices should be sent electronically via email to the NIH Office of Financial Management (OFM) and the NIH Contracting Officer (CO) using the electronic submission instructions.

This section shall remain in effect until the Government formally notifies the Contractor of a return to mail-in invoice procedures detailed in this order.

7.3.3 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.

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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.

7.3.4 INVOICE 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.

7.3.5 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS

SUBCONTRACTORS, FAR 52.232-40 (DEC 2013)

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.

Include the substance of this clause, include this paragraph c, in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.

8.0 TASK ORDER PROVISIONS

8.1 FAR 52.204-24 REPRESENTATIONS REGARDING CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (DEC 2019)

The Offeror shall not complete the representation in this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in the provision at 52.204-26, Covered Telecommunications

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Equipment or Services-Representation, or in paragraph (v) of the provision at 52.212-3, Offeror

Representations and Certifications-Commercial Items.

(a) Definitions. As used in this provision—

“Covered telecommunications equipment or services”, “critical technology”, and “substantial or essential component” have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after

August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractors are not prohibited from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award

Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(d) Representation. The Offeror represents that it □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.

(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will” provide covered telecommunications equipment or services”, the Offeror shall provide the following information as part of the offer—

(1) A description of all covered telecommunications equipment and services offered

(include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

(2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision;

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and

(4) For equipment, the entity that produced the covered telecommunications equipment

(include entity name, unique entity identifier, CAGE code, and whether the entity was the

OEM or a distributor, if known).

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8.2 FAR 52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR

SERVICES – REPRESENTATION (DEC 2019)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain

Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award

Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(c) Representation. The Offeror represents that it □ does, □ does not provide covered telecommunications equipment or services as a part of its offered products or services to the

Government in the performance of any contract, subcontract, or other contractual instrument.

8.3 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.

8.4 FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY

REFERENCE (FEB 1998)

8.5 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):

PROVISION

REFERENCE NO.

TITLE EFFECTIVE

DATE

FAR 52.204-7 System for Award Management Oct 2018

FAR 52.204-16 Commercial and Government Entity Code Reporting Jul 2016

FAR 52.204-17 Ownership or Control of Offeror Jul 2016

FAR 52.204-20 Predecessor of Offeror Jul 2016

FAR 52.204-22 Alternative Line Item Proposal Jan 2017

FAR 52.212-1 Instructions to Offerors – Commercial Items Oct 2018

FAR 52.223-22 Public Disclosure of Greenhouse Gas Emissions and

Reduction Goals – Representation

Dec 2016

FAR 52.225-18 Place of Manufacture Aug 2018

FAR 52.225-20 Prohibition on Conducting Restricted Business

Operations in Sudan – Certification

Aug 2009

FAR 52.224-25 Prohibition on Contracting with Entities Engaging in

Certain Activities or Transactions Related to Iran –

Representations and Certifications

Aug 2018

9.0 SUBMISSION INSTRUCTIONS AND EVALUATION

9.1 GENERAL

This request for quotation (RFQ) does not commit the Government to pay any of the costs associated with the preparation and submission of quotes. In addition, the Contracting Officer is the only individual authorized to legally commit the Government to the expenditure of public funds in connection with this requirement.

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By submitting a quote in response to this solicitation, the Quoter understands that their quote will become a part of the official contract file.

Quoters who fail to follow any instructions outlined in this section, and/or who fail to provide all information requested in this section – including price and administrative information – may be deemed non-responsive and ineligible for award at the sole discretion of the Contracting Officer.

9.2 SUBMISSION PROCEDURES

Quoters shall provide one original quote electronically via e-mail to the Contract Specialist, Renee Jones-Chuang, at renee.jones-chuang@nih.gov no later than the deadline specified in this solicitation. Quotes submitted via facsimile, mail, courier, or any other method; and/or quotes delivered to any party other than the designated Contract Specialist or Contracting Officer shall not be accepted.

Offerors shall title the subject of their e-mail as follows:

“Response to NCI RFQ # 75N91020Q00042”

Modifications, quotes, or revisions received after the deadlines posted in this RFQ shall be considered “late” and will not be accepted by the Government except in accordance with the requirements of FAR 52.212-1(f).

The Government reserves the right to request revisions that seek additional price discounts, revisions to the technical quote, or clarify aspects of the quote. In the event that the Government seeks revisions/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 from only one or a select number of

Quoters if doing so would be in the public interests.

9.3 QUESTIONS

Questions must be submitted electronically, via e-mail, to the Contract Specialist, Renee Jones-

Chuang, at renee.jones-chuang@nih.gov. Questions must be included in the body of the e-mail, MS Word, or PDF format.

The deadline for questions is August 24, 2020 at 12:00 PM EST.

Please be advised that the Government reserves the right to transmit any questions and answers of a common interest to all prospective Contractors and/or post any questions and answers on the public-facing Government-wide point of entry (GPE).

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9.4 ORGANIZATION OF QUOTE

Quotes must include technical information on the salient physical, functional, and performance characteristics of the supplies and services included in the quote. The solicitation reference number, 75N91020Q00042, shall be included on the front cover of the quote and on the front cover, header, or footer of any attachments/addendum.

9.4.1 TECHNICAL INFORMATION

Technical information included in the quote must address the salient physical, functional, and performance characteristics of the supplies and services included in the quote. Quoters are encouraged to include technical documentation such as user guides, specification sheets, technical data sheets, or technical documentation drafted specifically in response to this requirement in order to demonstrated adherence to the salient characteristics of the supplies outlined in the Statement of Need included in this RFQ.

At a minimum, quotes should include technical information1:

1. Physical characteristics including:

a. Dimensions;

b. Weight;

2. Technical characteristics including:

a. DNA sequencing capabilities

b. Throughput capabilities

c. Suitable applications

d. License terms2

e. Warranty information

NOTE1: Offerors who quote an “equal” product must submit additional documentation highlighting and describing how the quoted product is equal in accordance with FAR 52.211-6.

NOTE2: The NIH will not accept any licensing provision that: (2) violates mandatory FAR provisions or other Federal law; (3) departs from reasonable consumer expectations and was not disclosed by the licensor prior to agreement; (4) violates fundamental public policy; or (5) does not meet the Government’s programmatic need for, and intended use of, the product/service.

9.4.2 PRICE AND ADMINISTRATIVE INFORMATION

Quoters shall include all administrative information required by FAR 52.212-1(b) in their quote.

In addition, quotes must include the following:

• A cover letter which includes:

o Federal Tax Identification Number (TIN);

o Unique Entity Identifier (e.g. DUNs number);

o CAGE Code;

National Cancer Institute 75N91020Q00042 Page 17 of 18 o Business size and designation (e.g. small business);

o POC and contact information for individual authorized to commit the contractor;

o “Remit to” POC and contact information, if different from the main POC;

o A statement to the effect that pricing is valid for a period of at least 60-days from the closing date of the solicitation; and o A statement of agreement with all the terms, clauses, and provisions outlined in this RFQ.

• The representations and certifications at FAR 52.204-24 and FAR 52.204-26.

• A signed copy of the SF-1449 (Attachment #1).

• Pricing Information.

Quoters must prepare a price quote which contains all information necessary to allow for a comprehensive evaluation of the quoted prices. Quoters shall submit a price summary or “total price” as well as individual pricing by CLIN. Price quotes must include all pricing information, including shipping/handling charges for both delivery and return of the equipment after the expiration of the leasing term.

Quoters who take exception to any terms, clauses, or provisions outlined in this RFQ may be deemed non-responsive and ineligible for award at the sole discretion of the Contracting Officer.

9.5 BASIS FOR AWARD & EVALUATION

This solicitation is conducted in accordance with FAR Part 13.106. 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 in which the Quoter complies with the

Statement of Need and does not take exception nor object to any of the terms in the RFQ. Quotes which are not technically acceptable will not be considered for award.

The Government may reject any or all quotes if such action is in the public interest. The

Government may also accept other than the lowest-priced quote, and/or waive informalities and minor irregularities in any quotes.

9.6 TECHNICAL EVALUATION

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 a single award without conducting

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

Technical acceptability will be evaluated based on the degree to which the Quoter meets the requirements of the RFQ – including submission and quote instructions.

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9.7 PRICE EVALUATION

The Government will develop a total evaluated price (TEP) by calculating the sum price of all contract line items – including any shipping, freight, or handling charges. The TEP shall be used to determine the “lowest-priced” quote for evaluation purposes.