RFQ - 75N91020Q00075.pdf

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COMBINED SYNOPOSIS/SOLICITATION

REQUEST FOR QUOTATION

RFQ #75N91020Q00075

1.0 TITLE

Procurement of a Brand-Name or Equal Beckman-Coulter CytoFLEX B2-R3-V4-Y4 Flow Cytometer

1.1 GENERAL INFORMATION

Document Type: Combined Synopsis/Solicitation – Request for Quotation Solicitation Number: 75N91020Q00075 Posted Date: 07/15/2020 Response Date: 07/27/2020 at 12:00 PM EST Classification Code: 6640 – Laboratory Equipment and Supplies NAICS Code: 334516 – Analytical Laboratory Instrument Manufacturing Business Size Standard: 1,000 Employees

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 one (1) brand-name or equal Beckman Coulter CytoFlex Flow Analyzer cytometer for use in the Staudt Laboratory.

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) 2020-07 (07-02-2020) Simplified Acquisition Procedures for commercial items.

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

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2.0 PROGRAM BACKGROUND

The Department of Health and Human Services (DHHS), National Institutes of Health (NIH), National Cancer Institute (NCI) requires a brand-name or equal Beckman-Coulter CytoFLEX flow cytometer to support studies conducted by the Staudt Laboratory. This lab studies the molecular pathogenesis and genetics of human lymphoma. Flow cytometry is an important technology used by the lab for many applications including: CRISPR and shRNA-based toxicity assays in human lymphoma cells, counting cells for CRISPR screens and biochemical analyses, and examining the phenotype of human lymphoma cells.

Since the purchase of the BD FACSCalibur the laboratory now regularly utilizes fluorescent proteins and dyes that require a 4-laser flow cytometer. Acquisition of an instrument with these capabilities will facilitate research within the lab, as well as other laboratories within the Lymphoid Malignancies Branch. Specifically, this flow cytometer will allow the laboratory to perform multi-fluorescent protein and parameter flow cytometry experiments with single cell resolution to both screen for novel mechanisms of lymphoma cell survival and identify therapeutic targets in lymphoma.

3.0 STATEMENT OF NEED

The Contractor shall furnish one (1) brand-name or equal Beckman Coulter CytoFLEX B2-R3- V4-Y4 flow cytometer, associated peripherals, and associated services in accordance with the terms and conditions established in this order.

3.1 PRODUCT FEATURES/SALIENT CHARACTERISTICS

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

Four (4) lasers (405 nm, 488 nm, 561 nm and 638 nm) for multi-parameter flow cytometry.

13 channels for fluorescence detection. These include 4 Violet, 2 Blue, 4 Yellow Green and 3 Red channels.

Ability to analyze 13-color simultaneously, including at least four (4) detectors aligned to a violet laser to accommodate the Brilliant Violet dyes.

Peristaltic pump sample delivery.

A computer works station with acquisition software that is compatible with the flow cytometer that creates output files compatible with standard FACS analysis software, including FlowJo.

A 96-well plate loader with mode control to facilitate high-throughput acquisition of FACS data.

An Uninterruptible Power Supply (UPS) device to stabilize the electrical power supplied to the instrument in Building 10. This device is required because fluctuations in power in Building 10 can damage high performance instruments like flow cytometers.

Factory set and locked detectors with high dynamic range detectors and ADCs, allowing analysis with no detector voltage changes.

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A footprint no larger than 17 in wide x 17 in deep x 15 in high to accommodate the limited space in the Staudt lab equipment room.

4.0 SPECIAL ORDER REQUIREMENTS

4.1 WARRANTY

The Contractor shall warrant all supplies furnished under this award against any material or manufacturing defects, defective materials, and/or defective workmanship for a minimum of one

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

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

4.2 TRAINING

Training is not part of this requirement. If training becomes necessary, it will be procured separately from this order.

5.0 DELIVERY / INSTALLATION

5.1 GENERAL

The Contractor shall deliver all supplies FOB Destination.

Supplies shall be delivered to the following address:

National Institutes of Health 9000 Rockville Pike Bethesda, MD 20892

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

NOTE: The Contractor that receives the award will be provided with the complete delivery address and the NCI technical point-of-contact (TPOC) information.

5.2 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, technical point of contact (TPOC) of a delivery date. The Contractor shall deliver supplies no later than 30-days after notification.

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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. If 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.

NOTE: This contract includes deliveries to NIH Building 10. Carriers delivering to Building 10 will be required to complete additional steps that include brief medical screening before unloading and entering Building 10 to make deliveries. These steps are necessary to protect patients and staff. Delivery personnel may be asked a series of questions related to recent travels and if any physical symptoms relevant to COVID 19 exist.

6.0 TYPE OF ORDER

This is a firm fixed price (FFP) purchase order (PO).

7.0 LIST OF ATTACHMENTS

ATTACHMENT NO. TITLE PAGES

1 SF-1449 2

2 Electronic Invoicing

Procedures

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8.0 CONTRACT CLAUSES & TERMS

8.1 FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS

(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. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial 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 52.223-3 Convict Labor Jun 2003 52.222-21 Prohibition of Segregated Facilities Apr 2015 52.222-26 Equal Opportunity Sept 2016 52.222-35 Equal Opportunity for Veterans Jun 2020 52.222-36 Equal Employment for Workers with Disabilities Jun 2020 52.222-37 Employment Reports on Veterans Jun 2020

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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-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509).

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(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).

(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).

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(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.

8.2 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE

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 52.204-13 System for Award Management Maintenance Oct 2018 FAR 52.204-18 Commercial and Government Entity Code

Maintenance Jul 2016

FAR 52.212-4 Contract Terms and Conditions – Commercial Items

Oct 2018

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

Apr 1984

FAR 52.253-1 Computer Generated Forms Jan 1991

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8.3 PAYMENT TERMS

Payment shall be made once upon delivery and acceptance of all deliverables in this order .

Payment authorization requires submission and approval of invoices to the 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:

8.3.1 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 contained in Attachment #2.

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

8.3.2 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 considered in the computation of any interest penalty owed the Contractor.

1. Vendor/Contractor: Name, Address, Point of Contact for the invoice (Name, title, telephone number, e-mail and mailing address of point of contact).

2. Remit-to address (Name and complete mailing address to send payment).

3. Remittance name must match exactly with name on original order/contract. If the

Remittance name differs from the Legal Business Name, then both names must appear on the invoice.

4. Invoice date.

5. Unique invoice #s for all invoices per vendor regardless of site.

6. NBS document number formats must be included for awards created in the NBS:

Contract Number; Purchase Order Number; Task or Delivery Order Number and Source Award Number (e.g., Indefinite Delivery Contract number; General Services Administration number); or, BPA Call Number and BPA Parent Award Number.

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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.

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:

National Institutes of Health 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.

8.3.3 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.

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

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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.

8.3.4 INTEREST PENALTIES

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

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

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

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

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

8.3.5 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.

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9.0 SOLICITATION PROVISIONS

9.1 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 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);

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(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).

9.2 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.

9.3 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;

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(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.

(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.

9.4 FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

(FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

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

PROVISION

REFERENCE 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 52.214-21 Descriptive Literature Apr 2002 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

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10.0 SUBMISSION INSTRUCTIONS & EVALUATION

10.1 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.

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.

10.2 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 Section 1.1 of this RFQ. Quotes submitted via facsimile, mail, courier, or any other method;

and/or quotes delivered to any part other than the designated Contract Specialist or Contracting Officer shall not be accepted.

Quoters shall reference the following solicitation reference number in all correspondence:

“RFQ # 75N91020Q00075”

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.

10.3 QUESTIONS

Questions must be submitted electronically, via email, to the Contract Specialist, Renee Jones- Chuang, at renee.jones-chuang@nih.gov. Questions must be included in the body of the e-mail, or in MS Word or Adobe Portable Document Format (PDF).

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The deadline for questions is 7/20/2020 at 3:00 PM EST.

The Government reserves the right to transmit any and all questions and answers to all prospective Quoters and/or post any questions and answers the Government-wide point of entry (GPE), beta.SAM.gov.

10.4 ORGANIZATION OF QUOTE

Quoters shall include both price and technical information in their quotes.

Quoters shall reference the following solicitation reference number in all submissions:

“RFQ # 75N91020Q00075”

10.4.1 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.

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

10.4.2 PRICE AND ADMINISTRATIVE INFORMATION

NOTE: Quotes must be submitted with a completed copy of FAR 52.204-24 and

FAR 52.204-26, found in the Solicitation Provisions of this combined synopsis/solicitation.

Quoters who have completed either or both clauses as part of the representations in SAM.gov must still individually certify for this solicitation.

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

In addition, Quoters must include the following:

1. A cover letter which includes:

a. Federal Tax Identification Number (TIN);

b. Unique Entity Identifier (e.g. DUNs Number);

c. CAGE Code;

d. Business size and designation (e.g. small business, HUBzone);

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

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f. 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

g. A statement of agreement with all the terms, clauses, and provisions outlined in this RFQ.

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

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

4. 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.

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.

10.5 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.

10.5.1 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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10.5.2 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.