Flow cytometric, cell analysis and sorting instrumentation

OVERVIEW
This notice is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6 "Streamlined Procedures for Evaluation and Solicitation for Commercial Items," as applicable, and as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation document will not be issued. Submit quotes on RFQ-NIAID-1975835 and the solicitation is issued as a Request for Quote (RFQ).

This acquisition will be processed under FAR Part Subpart 13.5 Simplified Procedures for Certain Commercial Items. The solicitation documents and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2019-04 as of August 8, 2019.

The associated North American Industry Classification System (NAICS) code for this procurement is 334516 with a small business size standard of 1000. This request is being competed brand name or equal to the equipment requested and is not a total small business set aside. It is anticipated that one firm fixed price purchase order will be awarded.

STATEMENT OF NEED
The National Institute of Allergy and Infectious Diseases (NIAID) National Institutes of Health (NIH) is seeking to purchase a new flow cytometer with enhanced capabilities for cell analysis to replace an existing Becton Dickinson and Company (BD) FACSAria II instrument. The proposed purchase is for Brand Name or Equal products and services. The brand name, manufacturer number, and description of the products/services are provided in Attachment 1 - Bill of Materials (BOM). Vendor shall be an authorized reseller for the quoted/products/services. Only Original Equipment Manufacturer (OEM) products/services are acceptable.
In addition to the products listed in the BOM, NIAID requires the following:
• Shipping and handling to destination - Bethesda, MD
• Onsite customer training course
• Starter pack(s) of consumables
• On-site spare parts kit
• Minimum one-year warranty

To be considered for award, quotes of "equal" products, including "equal" products of the brand name manufacturer, the flow cytometer with integrated hood shall meet the following minimum salient characteristics:

• Shall have up to 60 detection parameters
• Shall have the capability of Sorting 6 distinct cell subsets
• Shall have the capability of single cell deposition into 96 and 384 well microtiter plates
• Shall detect in 30 colors
• Shall have capability to extend up to 10 lasers
• Class II Biosafety

PERIOD OF PERFORMANCE
Delivery on or before 120 days after receipt of order. Training to be completed within one year from date of award. The period of performance required for total performance is estimated from award date 09/15/2019 through 12/15/2019.

DELIVERY
Quote must include any shipping charges and ETA.
FOB point shall be destination; Bethesda MD 20892
Bldg. 33
Bethesda, MD 20892

INSTRUCTIONS
The government requests responses from qualified sources capable of providing the requirement as outlined above and in the BOM. If providing an equal product(s), please supply descriptive data for evaluation purposes to determine the validity of how it is an EQUAL. The following FAR provision apply to this solicitation and is incorporated by reference: FAR 52.211-6 Brand Name or Equal (Aug 1999) (a) If an item in this solicitation if 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 characteristics specified in the 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 modification 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. (End of provision).

All quotes shall include: price(s) (unit price, extended price, total price); manufacturing country of origin of the products; documentation demonstrating vendor is either the manufacturer or authorized distributor/reseller of the product(s); delivery timeframe; point of contact: name, phone number & email; DUNS #; Cage Code; business size under NAICS 334516; and payment terms. Vendor shall provide individual line item pricing for products/services as demonstrated in the BOM. Each response must clearly indicate the capability of the vendor to meet all specifications and requirements. The Government may evaluate only those quotes that fully meet the requirements as outlined above and respond to the solicitation instructions and requirements. Failure to furnish a full and complete quote as instructed may result in the Vendor's response being considered non-responsive and will therefore be eliminated from further consideration and award.

Submission shall be received not later than ***TBA*** by 3:00 p.m. Eastern time
Quotes may be emailed to Laura Grey at laura.grey@nih.gov
Late submissions shall be treated in accordance with the solicitation provision at FAR 52.212-1(f). All or part of the successful vendor's quote may be incorporated in any purchase order resulting from this solicitation. The successful vendor's quote may be incorporated by reference. Reference Solicitation ID: RFQ-NIAID-1975835 on your quote.

SECTION 508
Section 508 of the Rehabilitation Act, as amended by the Workforce Investment Act of 1998
(P.L. 105-220) requires that when Federal agencies develop, procure, maintain, or use
information and communication technology (ICT), it shall be accessible to people with
disabilities. Federal employees and members of the public who have disabilities must have access to, and use of, information and data that is comparable to people without disabilities.
Vendors must identify whether a quoted Information and Communication Technology (ICT)
product or service is compliant with the Section 508 accessibility standards at 36 CFR 1194. The quote must also identify where full details of compliance can be found (e.g., vendor's website or other exact location.) For more information on Section 508 standards visit
https://www.section508.gov/.

EVALUATION
The Government will award a purchase order resulting from this solicitation to the responsible vendor whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered. NIAID will make that determination based on the capability of each vendor's quote to provide all requested products/services, meet the brand name or equal salient characteristics, provide the quoted products/service in a timely manner, warranty, past performance, and reasonable price. Only quotes that are determined to be technically acceptable will be evaluated for the remaining factors. The Government's objective is to obtain the highest technical solution considered necessary to achieve the project objectives with a reasonable price. In the event quotes are evaluated as equal in non-price factors, price will become a major consideration in selecting the successful Vendor. Responses to this solicitation may be considered for award after it has been determined that the quote adequately addresses the requirements for Section 508.

DISCUSSIONS
The Government intends to award without discussions but reserves the right to conduct discussions should it be deemed in the Government's best interest.

SPECIAL NOTICE TO VENDORS
Vendors are advised that the Government may share your information with non-government personnel who are assisting with the evaluation of quotes. The exclusive responsibility for source selection will reside with the Government. By submitting your quote, you will be consenting to disclosure of your quote to non-government personnel for purposes of evaluation.

QUESTIONS
If you have questions regarding this requirement, please submit inquires immediately, but no later than ***TBA****via email to Laura Grey at laura.grey@nih.gov. The Government will issue an amendment to the RFQ responding to questions, if needed.

SMALL BUSINESS SUBCONTRACTING PLAN
[Applicable to Large Businesses only.] NIAID highly encourages small business participation. FAR clause 52.219-9 requires a small business subcontracting plan in order to be eligible for contract award if subcontracting possibilities exist. This requirement does not apply to small business or small disadvantaged business responders. Attachment 2 - Small Business Subcontracting Plan is provided as an outline that meets the minimal requirements of section 8(d) of the Small Business Act, as amended, and implemented by the Federal Acquisition Regulations (FAR) Subpart 19.7. This outline is not intended to replace any existing corporate master plan, which is more extensive. Assistance is available for locating small and small disadvantaged business sources by contacting NIAID's Small Business Specialist. For contact information, please send an inquiry to Laura Grey.
PROVISIONS, CLAUSES & OTHER

Vendors must complete annual representations and certifications on-line at http://www.sam.gov/ in accordance with FAR 52.212-3 Offerors Representations and Certifications- Commercial Items (Please ensure 52.209-2 -- Prohibition on Contracting with Inverted Domestic Corporations--Representation. (Dec 2014) is updated in your SAM record)
FAR 52.204-7 System for Award Management (July 2013)
FAR 52.204-13 System for Award Management Maintenance (Oct 2018)
By submission of an quote, the vendor acknowledges the requirement that a prospective awardee shall be registered in the System for Award Management (SAM) database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation (www.sam.gov).

The Contractor shall comply with the following Federal Acquisition Regulations (FAR) provisions and clauses, which are incorporated by reference, to implement provisions of law or Executive Orders applicable to acquisitions of commercial items. The full text versions may be accessed electronically at: https://www.acquisition.gov/far/.
FAR 52.212-4 Contract Terms and Conditions - Commercial Items (Oct 2018)
FAR 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements - Representation (Jan 2017)
FAR 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. (Jan 2017)
FAR 52.204-16 Commercial and Government Entity Code Reporting (Jul 2016)
FAR 52.204-18 Commercial and Government Entity Code Maintenance (Jul 2016)
FAR 52.211-6 Brand Name or Equal (Aug 1999)
FAR 52.227-19 Commercial Computer Software License (Dec 2007)
FAR 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)
FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

The following additional Health and Human Services Acquisition Regulations (HHSAR) provisions and clauses are applicable to this requirement:
HHSAR 352.203-70 Anti-Lobbying (December 18, 2015)
HHSAR 352.208-70 Printing and Duplication (December 18, 2015)
HHSAR 352.219-70 Mentor-Protégé Program (December 18, 2015)
HHSAR 352.222-70 Contractor Cooperation in Equal Employment Opportunity Investigations (December 18, 2015)
HHSAR 352.239-73 Electronic Information and Technology Accessibility Notice (December 18, 2015)
HHSAR 352.239-74 Electronic and Information Technology Accessibility (December 18, 2015)
Copies of the above-referenced clauses are available from http://www.hhs.gov/policies/hhsar/ or upon request, either by telephone or fax.

The following additional FAR provisions and clauses are applicable to this requirement and provided in full text as Attachment 3 - Full Text Provisions and Clauses:
FAR 52.212-1 Instruction to Offerors - Commercial Items (Oct 2018) Amended
FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (Aug 2019)
FAR 52.225- 6 Trade Agreements Certificate (May 2014)

All responsible sources may submit a quotation which shall be considered by the agency.
Any questions or concerns regarding this solicitation should be forwarded in writing via e-mail to
Laura Grey; (E-Mail/ laura.grey@nih.gov).

LIST OF ATTACHMENTS
Attachment 1 - Bill of Materials (BOM)
Attachment 2 - Small Business Subcontracting Plan Template
Attachment 3 - Full Text Provisions and Claus

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