FlowJo License and support

This notice is a combined synopsis/solicitation for commercial items using Simplified Acquisition Procedures. This acquisition will be made 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 (a written solicitation will not be issued) and quotes are being requested. The Solicitation number is RFQ-NIAID-2076455 and the solicitation is issued as a Request for Quotes (RFQ).

This acquisition will be awarded under FAR Part 13 Simplified Acquisition Procedures (SAP). The solicitation documents and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2021-05, effective March 10, 2021.

The North American Industry Classification System (NAICS) code for this procurement is 511210 Software Publishers, with a small business size standard of $41.5 million. The requirement is being competed without a small business set-aside.

The National Institute of Allergy and Infectious Diseases (NIAID) has a requirement for a QTY 791 FlowJo FLS C (non-credit) license and unlimited telephone and email support.

Effective date of software license: 06/26/2021-04/30/2022

Place of Performance: NIH, 9000 Rockville Pike, Bethesda, MD, United States. 

FOB: Destination

*Please include your DUNS number

*Include response to FAR 52.204-26 attachment and return with quote. Please include 52.204-24 if applicable.

*Quote must include unlimited technical phone support, if offered

*Quote must include 24 hour response time M-F, if offered

Submission shall be received not later than 10 a.m. EST, 06/22/2021

The government intends to award a firm fixed price purchase order to the responsible contractor as a result of this RFQ that will include the terms and conditions set forth herein. The purchase order award will be based on the lowest price technically acceptable.

The following FAR provisions apply to this acquisition:

FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Oct 2020)

FAR 52.204-26 Covered Telecommunications Equipment or Services-Representation (Oct 2020)

FAR 52.212-1 Instructions to Offerors Commercial Items (Jun 2020)

FAR 52.212-3 Offerors Representations and Certifications - Commercial Items (Jan 2021)

Offerors 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. (Nov 2015) is updated in your SAM record)

FAR 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements – Representation (Jan 2017)

The following FAR contract clauses apply to this acquisition:

FAR 52-212-4 Contract Terms and Conditions Commercial Items (Oct 2018)

FAR 52-212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Commercial Items (Jan 2021)

*The applicable subparagraphs of FAR52.212-5 are included in the attachment to this posting.

FAR 52.203-19 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (Jan 2017)

FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2020)

FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

FAR 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014)

HHSAR 352.222-70, Contractor Cooperation in Equal Employment Opportunity Investigations (Dec 2015)

By submission of an offer, the offeror 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).

Copies of the above-referenced provisions and clauses are available from http://www.acquisition.gov & http: //www.hhs.gov/regulation/index.html or, upon request, either by telephone or fax.

Offers may be mailed, e-mailed or faxed to Ms. Skye Duffner, (E-Mail/ skye.duffner@nih.gov 406-802-6092). Late submissions shall be treated in accordance with the solicitation provision at FAR 52.212-1(f) (Jun 2020)

All responsible sources may submit an offer that will be considered by this Agency. 

Any questions or concerns regarding this solicitation should be forwarded in writing via e-mail to Ms. Skye Duffner at skye.duffner@nih.gov.