16-T-0151_Combined_Synopsis_Solicitation.pdf
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- Solicitation number
- W81XWH-16-T-0151
- Issued by
-
Department of the Army Medical Command
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Combined Synopsis/Solicitation W81XWH-16-T-0151
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This is a combined synopsis/solicitation for commercial items prepared in accordance with FAR 12.6, Streamlined Procedures for Commercial Items, as supplemented with additional information included in this notice. Also, this acquisition is being conducted under FAR 13.5, Test Program Procedures for commercial items. This announcement constitutes the only solicitation; proposal are being requested and a written solicitation will not be issued. The solicitation number is W81XWH-16-T-0151. The solicitation is issued as a Request for Quote (RFQ). Provisions and clauses in effect through Federal Acquisition Circular 05-66 are incorporated. It is the contractor’s responsibility to be familiar with the applicable clauses and provisions. The clauses may be accessed in full text at these addresses: www.acqnet.gov.far and www.acq.osd.mil/dpap/dfars/index.htm. The NAICS code is 339112 with a small business size standard of 500. This requirement is solicited unrestricted Brand Name or Equal.
W81XWH-16-T-0151
Section SF 1449 - CONTINUATION SHEET
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 35 Each
DOWNDRAFT TABLE
FFP
DualDraw Part Number TFI3048; Brand Name or Equal; 48-inch Inspection Table Downdraft with HEPA 115V Single Phase 2000 CFM
The Delivery of CLINS 0001-0003 will be in 7 different shipments of 5 tables each. The delivery times will be specified in the contract.
FOB: Destination
NET AMT
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0002 35 Each
TABLE UPGRADE
FFP
DualDraw Part Number STAIN-UP3; Brand Name or Equal; Stainless Steel Upgrade of Entire Work Table Unit including Casters FOB: Destination
NET AMT
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0003 35 Each
RETRACTABLE CORD
FFP
DualDraw Part Number RTR-CRD-20; Brand Name or Equal; 20 feet Retractable Cord Installation FOB: Destination
NET AMT
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0004 1 Job
FREIGHT
FFP
Seven (7) separate deliveries of five (5) table in each delivery for a total of 35 tables. Delivery Times will be identified in the contract.
FOB: Destination
NET AMT
MECS
Minimal Essential Characteristics
MECs for Brand Name or Equal DualDraw Downdraft Workstations TFI3048.
A. USAMRIID would like to procure 35 Downdraft Workstations DualDraw Part Number TFI3048 (Brand Name or Equal) with proper accessories that follow the Centers for Disease Control’s (CDC) Guidelines, under the Biosafety in Microbiological and Biomedical Laboratories (BMBL, 6th Edition), for working with animals in Biosafety Level 3 (ABSL-3) environments to protect personnel and animals from disease and infection.
B. The contractor shall provide 35 Downdraft Workstations DualDraw Part Number TFI3048 (Brand Name or Equal) with each unit meeting the following requirements (CLIN 0001):
1. Shall be equal to or less than 80 dB at operator work zone to ensure Animal Welfare Guidelines are met for sound for the animals (https://grants.nih.gov/grants/olaw/Guide-for-the-Care-and-use-of-laboratory-animals.pdf).
2. Shall conform to the National Institutes of Health (NIH) Office of Research Services Division of Occupational Health and Safety publications and Local Exhaust Ventilation Testing Protocols, Section II, Downdraft Tables for Small Animal Surgery
(https://www.ors.od.nih.gov/sr/dohs/Documents/NIH%20Local%20Exhaust%20Ventilation%20Testing%2 0Protocols.pdf).
3. Shall weigh less than 800 pounds to ensure no undue stress is placed on the floors;
4. Shall have a magnehelic gauge that uses the correct scale on each unit to indicate proper table operations and when filters should be checked and or changed;
5. Shall have self-contained air volume at 2000 nominal CFM (Cubic Feet per Minute) to help meet OSHA Standard 1910.1000 about air contaminants;
6. DualDraw Part Number RTR-CRD-20 (Brand Name or Equal) an enclosed retractable brightly colored (yellow or a bright orange) 20 foot cord and 3-prong plug (CLIN 0002);
7. Shall use 120V single phase for electrical;
8. Shall not be able to function without a positive pressure filter seal for safety purposes;
9. Shall contain at least one MERV 8 pleated pre filter and one 99.97 percent (minimum) HEPA filter that are properly sized to the unit and are in industry available, non-proprietary size;
10. A draw-thru style filter assembly unit is desired, however, if a push thru assembly is used, the housing shall be completely sealed to prevent any potential leakage;
11. Shall ensure HEPA filter(s) are constructed of fiberglass media, in an industry available, non-proprietary size;
12. The gasket shall have a 40-durometer closed-cell neoprene gasket on downstream side with a dovetail joint;
13. Shall have an aluminum separator-type filter pack that shall be constructed by pleating a continuous sheet of formed, corrugated medium;
14. Shall have at least one HEPA filter that is 99.97 percent (minimum) efficient to 0.3 micrometer particles (microns) that is in accordance with Institute of Environmental Sciences and Technology (Regulation Number IEST-RR-CC-001.3)Type C that is properly sized for the unit to ensure proper functioning (https://www.iest.org/);
15. Filters shall be tested in accordance with Military Standard for filters MIL-STD-282 while encapsulated at two flows for resistance and penetration at nominal rated capacity, and for penetration at 20 percent of the nominal rated capacity on a Q-107 Penetrometer (https://www.wbdg.org/ccb/FEDMIL/std282.pdf);
16. Filters shall have a scan test that consists of challenging the filter with a high concentration of an approved oil (PAO) aerosol. Shall utilize a photometer or particle counter to ensure that 100 percent of the media pack and the pack-to-frame seal is scanned to insure that there are no leaks greater than 0.01 percent of the upstream concentration at 90 fpm (+/- 10 percent) face velocity;
17. Quality Assurance Inspection program shall meet American National Standards Institute/American Society of Mechanical Engineers (Regulation Number ANSI/ASME NQA-1);
18. Shall have a MERV 8 pleated pre filter that is properly sized, yet in an industry available, non-proprietary size, for the unit to ensure proper functioning;
19. DualDraw Part Number STAIN-UP3 Stainless Steel Upgrades with Casters, (Brand Name or Equal) with 100 percent 304 stainless steel finish to ensure durability through multiple decontaminations and disinfectant solutions (CLIN 0003);
20. Shall ensure all metal edges, to include the edges of the table, and perforations are ground, smooth as possible, and are polished;
21. Stainless steel shall be 14 – 16 gauge;
22. Shall have a table capacity of no less than 500 pounds for animals and supplies;
23. Shall have a work surface that measures 30 inches deep by 48 inches length to ensure that the table fits into the provided space and allowing enough workspace to properly perform husbandry and procedures;
24. Shall have a table top that is able to be easily removed and has recessed perforated grid plates;
25. Shall measure 30 inches deep by 48 inches in length by 38 inches height (this includes caster wheels) to fit the footprint allotted in containment suites and rooms;
26. Shall include four stainless steel caster wheels, one for each leg of the table that appropriately sized to support the table and its movement, to properly support the weight of the downdraft workstation, are lockable, and allow for easy movement of the table to proper workspace;
27. Shall evenly distribute downdraft across the perforated surface to capture airborne pathogens and/or dust particles;
28. Shall come pre-wired with thermally protected manual motor starters with National Electrical Manufacturers Association (NEMA) 12/4X enclosure;
29. Shall have a motor controller and motor cover;
30. Shall ensure the bottom of the table is enclosed in stainless steel, as described above, panels and shall have at least one panel that is removable;
31. Shall have a fan unit that is controlled by an on/off switch and have a Cubic Feet per Minute (CFM) rating capable of meeting the NIH standard for the Downdraft table application;
32. If a variable volume fan is utilized, the fan volume adjustment shall be located in the mechanical compartment to prevent end users from mistakenly lowering the airflow volume below the NIH standard;
33. Shall provide approval drawings prior to build phase;
34. Shall include standard commercial warranty on parts and labor;
35. Shall include certificates ensuring that filters and workstations perform as required under these MECs;
and
36. Shall include all shipping and freight costs for seven separate deliveries of 5 tables in each shipment.
C. Facility Sanitation: Due to the laboratory research conditions under which most of these products are used, it is extremely important that all products be manufactured and stored in clean and dry facilities. Facility sanitation will be measured against industry standards. USAMRIID RESERVES THE RIGHT TO DO AN ONSITE VISIT TO
THE BIDDERS LOCATION TO DETERMINE IF THE FACILITY MEETS THIS REQUIREMENT.
D. Installation and Set-Up of the Down Draft tables is required by the Contractor after delivery. This is to be schedule with USAMRIID POC.
NIH Testing http://www.ors.od.nih.gov/sr/dohs/Documents/NIH%20Local%20Exhaust%20Ventilation%20Testing%20Protocols.
IEST
http://www.iest.org/ http://www.iest.org/Standards-RPs/Recommended-Practices/IEST-RP-CC001
MIL-STD-282
https://www.wbdg.org/ccb/FEDMIL/std282.pdf
ANSI/ASME NQA-1
https://www.asme.org/wwwasmeorg/media/ResourceFiles/Shop/Certification%20%26%20Accreditation/NQA- Certification/NQA-Certification_Forms-and-Resources_Requirements-for-ASME-Nuclear-Quality-Assurance.pdf
NEMA
http://www.nema.org/pages/default.aspx
The Guide for the Care and Use of Laboratory Animals https://grants.nih.gov/grants/olaw/Guide-for-the-Care-and-use-of-laboratory-animals.pdf
Biosafety in Microbiological and Biomedical Laboratories http://www.cdc.gov/biosafety/publications/bmbl5/BMBL.pdf
DELIVERY SCHEDULE
DELIVERY SCHEDULE (ESTIMATED)
(Required Delivery Every 2 Weeks)
1. 20 June 2016 Monday 5 tables
2. 05 July 2016 Tuesday 5 tables
3. 18 July 206 Monday 5 tables
4. 01 August 2016 Monday 5 tables
5. 15 August 2016 Monday 5 tables
6. 29 August 2016 Monday 5 tables
STATEMENT OF NEED
Statement of Need
DUALDRAW DOWNDRAFT WORKSTATIONS TFI3048 (BRAND NAME OR EQUAL)
1.0 SCOPE
This award provides for the purchase of 35 downdraft workstations DualDraw TFI3048 (Brand Name or Equal) and other required accessories, required, by the Centers for Disease Control (CDC) per the Biosafety in Microbiological and Biomedical Laboratories (BMBL, 6th Edition), to perform animal husbandry and protocol support in Animal Biosafety Level 3 (ABSL-3) to support basic and test and evaluation research requirements at US Army Medical Research Institute of Infectious Diseases (USAMRIID), Veterinary Medicine Division (VMD).
1.1 Background
USAMRIID, at Fort Detrick, Maryland, works closely with other U.S. Army Medical Research Materiel Command (USAMRMC) organizations, DoD, the Interagency (including Interagency Laboratories), and private companies to accomplish its mission of protecting the Warfighter from biological threats and being prepared to investigate disease outbreaks or threats to public health. USAMRIID conducts basic and applied research to develop products, information, procedures, strategies, and training programs for medical defense against biological threats and naturally occurring infectious diseases of military significance that require biocontainment. The mission of the VMD is to support the biodefense research mission of the USAMRIID by providing comprehensive husbandry, medicine and clinical care, to include Surgery, for all approved animal protocols at all levels of biocontainment at
USAMRIID.
1.2 Objectives
The objective of this action is to purchase 35 downdraft workstations DualDraw TFI3048 (Brand Name or Equal) along with accessories and start up to ensure compliance with the CDC’s guidelines under the BMBL in performing animal husbandry and protocol support in ABSL-3. These workstations are required to prevent inadvertent disease or infectious exposure to personnel or animals.
1.2.1 The product shall possess the capabilities to:
Meet the CDC Biosafety in Microbiological and Biomedical Laboratories (BMBL) guidelines, through proper filters, workspace, and air flow to prevent inadvertent disease or infectious exposure to personnel and/or animals (http://www.cdc.gov/biosafety/publications/bmbl5/BMBL.pdf).
Meet the Guide for the Care and Use of Laboratory Animals, through proper noise reduction, filters, air flow, and workspace to ensure the Guidelines are followed (https://grants.nih.gov/grants/olaw/Guide-for-the-Care-and-use-of-laboratory-animals.pdf).
Withstand multiple decontaminations through multiple disinfectant solutions, ensure that equipment remains useful through its expected lifecycle and does not rust, corrode, or otherwise deteriorate before that expected time.
Be easily moved, through properly sized casers to support the weight of the workstation while meeting the dimension requirements to ensure workstations can be moved through various rooms.
Meet USAMRIID safety requirements through safety accessories such as magnehelic gauges to show filter checks and/or changes and retractable, brightly colored, long cords with grounded plugs for visibility and reducing potential accidents.
2.0 Products
The contractor shall provide all new equipment. The products are:
2.1 Required Equipment
Item 1 Manufacturer part number: TFI3048 (Brand Name or Equal) Brief description: Downdraft workstation with HEPA filter Quantity:35
Item 2 Manufacturer part number: STAIN-UP3 (Brand Name or Equal) Brief description: Stainless Steel Upgrade to include casters Quantity: 35 units and 140 casters
Item 3 Manufacturer part number: RTR-CDR-20 Brief description: cord installation, 20 foot, retractable Quantity: 35
3. Additional Government Requirements:
3.1 USAMRIID will review all potential offerors and may request samples.
C. Facility Sanitation: Due to the laboratory research conditions under which most of these products are used, it is extremely important that all products be manufactured and stored in clean and dry facilities. Facility sanitation will be measured against industry standards. USAMRIID RESERVES THE RIGHT TO DO AN ONSITE VISIT TO
THE BIDDERS LOCATION TO DETERMINE IF THE FACILITY MEETS THIS REQUIREMENT.
D. Product quality assurance: Items will be returned to vendor if they do not meet specifications at receipt inspection.
F. USAMRIID may evaluate the product for compatibility.
4. Delivery of items identified above shall be made to the following location:
US Army Research Institute of Infectious Diseases ATTN: Keith Esham, Chief, Animal Husbandry 1425 Porter Street Fort Detrick, MD 21702 Phone: 301-619-4703 Email: keith.a.esham.civ@mail.mil
The 1st delivery of 5 tables shall be delivered on or before 20 June 2016. The remainder of the 30 tables shall be delivered in 6 separate deliveries (5 tables each) every two weeks thereafte
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government
0004 Destination Government Destination Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC
0001 POP 13-MAY-2016 TO
02-SEP-2016
N/A W4GP USA MD RES INST OF DISEAS
W4GP USA MD RES INST OF DISEAS
BLDG 1425 PORTER STREET
FORT DETRICK MD 21702-5711
210-221-7877
W23MYC
0002 POP 13-MAY-2016 TO
02-SEP-2016
N/A (SAME AS PREVIOUS LOCATION)
0003 POP 13-MAY-2016 TO
N/A (SAME AS PREVIOUS LOCATION)
0004 POP 13-MAY-2016 TO
N/A (SAME AS PREVIOUS LOCATION)
CLAUSES INCORPORATED BY REFERENCE
52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-12 Limitation On Payments To Influence Certain Federal
Transactions
OCT 2010
52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights
APR 2014
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper
MAY 2011
52.204-7 System for Award Management JUL 2013 52.204-13 System for Award Management Maintenance JUL 2013 52.204-16 Commercial and Government Entity Code Reporting JUL 2015 52.204-18 Commercial and Government Entity Code Maintenance JUL 2015 52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
52.207-2 Notice Of Streamlined Competition MAY 2006 52.209-7 Information Regarding Responsibility Matters JUL 2013 52.209-10 Prohibition on Contracting With Inverted Domestic
Corporations
NOV 2015
52.212-4 Contract Terms and Conditions--Commercial Items MAY 2015 52.215-20 Requirements for Certified Cost or Pricing Data or
Information Other Than Certified Cost or Pricing Data
OCT 2010
52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.
OCT 2015
52.229-3 Federal, State And Local Taxes FEB 2013 52.232-17 Interest MAY 2014 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
DEC 2013
52.242-13 Bankruptcy JUL 1995 52.242-15 Stop-Work Order AUG 1989 52.246-2 Inspection Of Supplies--Fixed Price AUG 1996 52.246-16 Responsibility For Supplies APR 1984 52.247-17 Charges APR 1984 52.247-34 F.O.B. Destination NOV 1991 52.249-2 Termination For Convenience Of The Government (Fixed-
Price)
APR 2012
52.249-8 Default (Fixed-Price Supply & Service) APR 1984 252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7003 Agency Office of the Inspector General DEC 2012 252.203-7005 Representation Relating to Compensation of Former DoD
Officials
NOV 2011
252.203-7996 (Dev) Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements - Representation (Deviation 2016-O0003)
OCT 2015
252.203-7997 (Dev) Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (Deviation 2016-O0003)
OCT 2015
252.203-7998 (Dev) Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements - Representation.
(DEVIATION 2015-O0010)
FEB 2015
252.203-7999 (Dev) Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements. (DEVIATION 2015- O0010)
FEB 2015
252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.204-7006 Billing Instructions OCT 2005 252.204-7008 (Dev) Compliance with Safeguarding Covered Defense Information
Controls
DEC 2015
252.204-7012 (Dev) Safeguarding Covered Defense Information and Cyber Incident Reporting
OCT 2015
252.204-7015 Disclosure of Information to Litigation Support Contractors FEB 2014 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By
The Government of a Country that is a State Sponsor of Terrorism
OCT 2015
252.213-7000 Notice to Prospective Suppliers on Use of Past Performance Information Retrieval System--Statistical Reporting in Past Performance Evaluations
JUN 2015
252.215-7008 Only One Offer OCT 2013 252.225-7001 Buy American And Balance Of Payments Program-- Basic
(Nov 2014)
NOV 2014
252.225-7002 Qualifying Country Sources As Subcontractors DEC 2012 252.225-7012 Preference For Certain Domestic Commodities FEB 2013 252.225-7021 Trade Agreements--Basic (OCT 2015) OCT 2015 252.225-7031 Secondary Arab Boycott Of Israel JUN 2005 252.225-7036 Buy American--Free Trade Agreement--Balance of Payments
Program--Basic (Nov 2014)
NOV 2014
252.225-7048 Export-Controlled Items JUN 2013
252.225-7993 (Dev) Prohibition on Providing Funds to the Enemy (Deviation 2015-O0016)
SEP 2015
252.232-7010 Levies on Contract Payments DEC 2006 252.243-7002 Requests for Equitable Adjustment DEC 2012
CLAUSES INCORPORATED BY FULL TEXT
52.204-17 OWNERSHIP OF CONTROL OF OFFEROR (NOV 2014)
(a) Definitions. As used in this provision--
Commercial and Government Entity (CAGE) code means—
(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Contractor and Government Entity (CAGE) Branch to identify a commercial or government entity, or
(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Contractor and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as an NCAGE code.
Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
(b) The Offeror represents that it [ ___ ] has or [ ___ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.
(c) If the Offeror indicates ``has'' in paragraph (b) of this provision, enter the following information:
Immediate owner CAGE code:
Immediate owner legal name: ___
(Do not use a ``doing business as'' name)
Is the immediate owner owned or controlled by another entity?:
[ ___ ] Yes or [ ___ ] No.
(d) If the Offeror indicates ``yes'' in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:
Highest-level owner CAGE code:
Highest-level owner legal name:
(Do not use a ``doing business as'' name)
(End of provision)
52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--
REPRESENTATION (NOV 2015)
(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).
(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.
(c) Representation. The Offeror represents that--
(1) It [ ___ ] is, [ ___ ] is not an inverted domestic corporation; and
(2) It [ ___ ] is, [ ___ ] is not a subsidiary of an inverted domestic corporation.
52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)
(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-
(i) The Offeror and/or any of its Principals-
(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;
(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and
(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.;
and
(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.
(1) Federal taxes are considered delinquent if both of the following criteria apply:
(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.
(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.
(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.
(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).
(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.
(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;
head of a division or business segment; and similar positions).
(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.
(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.
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.
(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.
52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2015)
(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.
(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--
(1) The solicitation number;
(2) The time specified in the solicitation for receipt of offers;
(3) The name, address, and telephone number of the offeror;
(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;
(5) Terms of any express warranty;
(6) Price and any discount terms;
(7) "Remit to" address, if different than mailing address;
(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);
(9) Acknowledgment of Solicitation Amendments;
(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and
(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.
(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.
(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.
(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.
(f) Late submissions, modifications, revisions, and withdrawals of offers:
(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.
(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--
(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or
(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or
(C) If this solicitation is a request for proposals, it was the only proposal received.
(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.
(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.
(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.
(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.
Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.
(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.
(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.
(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.
(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision.
Additional copies will be issued for a fee.
(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:
(i) ASSIST (https://assist.dla.mil/online/start/).
(ii) Quick Search (http://quicksearch.dla.mil/).
(iii) ASSISTdocs.com (http://assistdocs.com).
(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--
(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);
(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or
(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone
(215) 697-2667/2179, Facsimile (215) 697-1462.
(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.
(j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror's name and address. The DUNS +4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.
(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.
(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:
(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.
(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.
(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.
(4) A summary of the rationale for award;
(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.
(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.
ADDENDUM TO 52.212-1
ADDITIONAL INSTRUCTIONS TO OFFERORS
1. TECHNICAL QUESTIONS AND PRE-PROPOSAL DISCUSSION
Questions concerning the solicitation are due no later than 26 April 2016 at 10:00 A.M Eastern Time.
Questions shall be submitted to Jeffrey.L.Flook.civ@mail.mil. An amendment to the solicitation will be posted in order to address the questions received; however, no questions will be addressed after the cutoff date and time listed above. Please note that only one (1) set of question will be accepted by the Government
2. INSTRUCTIONS FOR THE PREPARATION AND SUBMISSION OF PROPOSALS
Failure to submit all documents concurrently and in accordance with these instructions may render a proposal unacceptable. The proposal shall be submitted electronically via email to Jeffrey.L.Flook.civ@mail.mil no later than 06 May 2016 at 1:00 PM Eastern Time.
Vendors shall provide information requested on Clause 252.209-7992 and submit along with SF1449 Proposal.
3. PROPOSAL EVALUATION
To aid in evaluation, proposals shall be practical, specific complete, and logically assembled. The proposal shall be in a clear, concise format satisfying all requirements of this solicitation. It shall be in sufficient detail to demonstrate a complete understanding of the work to be accomplished.
This is a Firm Fixed Priced Brand Name or Equal requirement that will be evaluated by Lowest Priced/Technical Acceptable method.
Delivery of tables will be FOB Destination in accordance with Clause 52.247-34, to include freight, shipping and handling to U.S. Army Medical Research Institute of Infectious Diseases, Building 1425 Porter Street, Fort Detrick, MD 21702-5711.
4. THE PROPOSAL
The overall proposal shall consist of three (3) separate volumes, individually titled. Each volume shall be appropriately titled, as follows:
Volume Number Volume Title Volume I Technical Proposal Volume II Past Performance Proposal Volume III Price Proposal Volume IV Administrative Documents Volume V Small Business
Subcontracting Plan
Volume I shall be broken up into four (4) sections: Executed Solicitation Documents and Technical. The entirety of Volume I, should not exceed thirty (30) pages, including appendices, matrices, and tables.
Fold-outs (either 8 ½” by 14” or 11” x 17”) shall count as two (2) pages each. Proposals shall be typed in 12-point, Times New Roman font using 1” margins on the top, bottom and sides. Graphics, tables and matrices are exempt from the 12-point font requirement. The Table of Contents, Solicitation (executed copy of this SF1449 and any amendments), tabs and index sheets will not be counted towards the page limits listed above. Any pages exceeding the page limitation or any pages containing materials not legible to the evaluators will be disregarded and will not be evaluated.
There are no page limitations for Volume II of the proposal. However, an electronic copy of the Offeror’s Commercial Published Price List, including any additional discounts off of their current pricing, shall be submitted as part of Volume II.
4.1. Contents of the Technical Proposal (Volume I)
All sections of the Offeror’s Technical Proposal shall make direct reference to the SON section paragraph numbers, if applicable and the MEC line item. The Proposal shall be presented in a clear and logical order. Statements such as “will comply”, “meets the intent of”, or “we intend to meet the requirements” and the like, will not suffice for evaluation purposes.
Section 1 – Executed Solicitation Documents (SF 1449) Section 1 shall contain a signed copy of the SF1449 and signed amendments (if any).
Section 2 – Technical Acceptability In Section 2, the Offer shall clearly demonstrate that it has a clear understanding of the requirements outlined in the SON and MECS. The Offeor will provide a Technical Proposal for the Down Draft Workstations as described in the SON and MECs. Any subcontractors proposed under this Solicitation need to be indentified in the Technical Proposal.
A copy of the Offeror’s commercial QCP which will serve as the functional QCP explaining in detail the manner in which the Offeror will maintain quality control for these products. This QCP should include processes to ensure timely and successful performance of this acquisition. If the offeror does not have a commercial QCP then a QCP shall be developed and submitted for this specific requirement and included in this volume.
4.2. Contents of the Past Performance Proposal (Volume III)
Past Performance Component. In accordance with file submission requirements given in this section, the offeror shall submit the following:
The offeror shall describe its past performance on up to five (5) similar contracts it has held within the last three (3) years that are for the same or similar equipment to that which is detailed in this solicitation or affirmatively state the offeror possesses no relevant past performance directly related to or similar past performance. Offerors who present similar contracts shall provide a detailed explanation demonstrating the relevance of the contracts to the requirements of the solicitation. Offerors shall demonstrate (1) the functional performance of the proposed or similar pharmacy automation systems that the offeror has delivered to previous customers, and (2) the quality and timeliness of the technical assistance, hardware and software updates/upgrades that the vendor has supplied to its customers following the initial fielding of those systems.
The Government reserves the right to contact any references.
The offeror shall provide the following information regarding its past performance:
Contract number(s), award date and dates of performance.
Name, phone number, and e-mail address of a point of contact at the federal, state, local government or commercial entity for which the contract was performed. Contractor shall verify the validity of the contact information provided.
Dollar value of the contract.
Description of the equipment provided under the contract.
The number, type and severity of any quality or delivery problems in performing the contract, the corrective action taken and the effectiveness of the corrective action (if applicable).
Any other relevant information.
Answer “Has the POC agreed to be to be contacted as a reference?”
The government reserves the right to consider other past performance information at its disposal, in addition to any information obtained from the references provided above. The government is likely to randomly select references provided for contact and does not commit to contact every reference.
4.3. Contents of the Price Proposal (Volume III)
The Offeror shall provide a Price Proposal to include the following items:
Electronic copy of the Offeror’s Commercial Published Price (including any additional discounts off of its current pricing);
The Offeror shall submit their proposed price as a Firm Fixed Price proposal. The Offeror’s price proposal shall include proposal price assumptions, if any. The Government anticipates the Offeror provide their preferred customer pricing (to include any discounts) and pricing commensurate with prices paid for other Government contracts.
If your proposal includes subcontractor support, rate information from the subcontractor will also be required.
Price proposals shall include all other costs and the reductions or rebates offered.
Offerors’ proposals shall remain open for a minimum of 90 days from the date of submission.
4.4. Contents of the Administrative Documents (Volume IV)
4.4.1. OCI Mitigation Plan (If Applicable): Offerors are directed to review FAR 9.5, Organizational and Consultant Conflicts of Interest (OCIs). Please be advised that the Government may not make an award that would result in a prohibited OCI. Therefore, offerors shall identify in their proposals any and all potential OCI that might result from performing any aspects of the requirement as detailed in the SON and MECS, and include proposed means of preventing, avoiding or mitigating each OCI identified. If no current or potential OCI is identified, then the Offeror shall provide a statement within the proposal indicating that OCI does not exist for this effort.
4.4.2…
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