Microscopy Image Storage and Organization Software Package (OMERO Plus Complete)

STREAMLINED SOLICITATION FOR COMMERCIAL ITEMS

NON-COMPETITIVE

COMBINED SYNOPSIS / SOLICITATION

Title: Microscopy Image Storage and Organization Software Package (OMERO Plus Complete)

 (i)        This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

(ii)        The solicitation number is 75N95024Q00182 and the solicitation is issued as a request for quotation (RFQ).          

This acquisition is for a commercial item or service and is conducted under the authority of the Federal Acquisition Regulation (FAR) Part 13—Simplified Acquisition Procedures; and FAR Part 12—Acquisition of Commercial Items and is not expected to exceed the simplified acquisition threshold.

THIS IS A NON-COMPETITIVE (NOTICE OF INTENT) COMBINED SYNOPSIS SOLICITATION TO AWARD A CONTRACT OR PURCHASE ORDER WITHOUT PROVIDING FOR FULL OR OPEN COMPETITION (INCLUDING BRAND-NAME).                                                                                                                   

The National Institute on Drug Abuse (NIDA), Office of Acquisition (OA), on behalf of the National Center for Advancing Translational Sciences (NCATS), intends to negotiate and award a purchase order without providing for full and open competition (including brand-name) to Glencoe Software, Inc., 1700 Westlake Ave N. Ste. 200, Seattle, WA 98109-6212, for the OMERO Plus Complete, Annual License, Support and Maintenance.

This acquisition is conducted as non-competitive for a commercial item or service and is conductedpursuant to FAR 13.106-1(b)(1).

The rationale for the brand-name justification is Glencoe Software, Inc. is the exclusive licensee for OMERO and Bio-Formats and is the only entity able to provide commercial licenses worldwide.

(iii)       The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) Number 2024-03, with effective date 02/23/2024.

(iv)       The associated NAICS code 513210 and the small business size standard $47M.   This requirement is non-competitive and no set-aside restrictions are applicable.

(v)        This requirement is for the following items:

OMERO Plus software SMA renewal for OMERO Plus Complete  

Estimated Period of Performance:

Base:               03/20/2024 – 03/19/25

Option 1:         3/20/2025 – 3/19/2026

Option 2:         3/20/2026 – 3/19/2027

(vii)      The Government anticipates award of a firm fixed-price purchase order for this acquisition, and the anticipated award date is 3/18/2024. Access to be available upon receipt of order from NCATS.

(viii)     The provision at FAR 52.252-1, Solicitation Provisions Incorporated by Reference (Feb 1998), applies to this acquisition. 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 these addresses:  https://www.acquisition.gov/browse/index/far   https://www.hhs.gov/grants/contracts/contract-policies-regulations/hhsar/index.html  

(End of provision)

The following provisions apply to this acquisition and are incorporated by reference:

• FAR 52.204-7, System for Award Management (Oct 2018)
• FAR 52.204-16, Commercial and Government Entity Code Reporting (Aug 2020)
• FAR 52.212-1, Instructions to Offerors- Commercial Products and Commercial Services (Sep 2023)
• FAR 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services (Nov 2023)
• HHSAR 352.239-73, Electronic and Information Technology Accessibility Notice (December 18, 2015)

The clause at FAR 52.252-2, Clauses Incorporated by Reference (Feb 1998), applies to this acquisition. 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/browse/index/far     https://www.hhs.gov/grants/contracts/contract-policies-regulations/hhsar/index.html 

(End of clause)

The following clauses apply to this acquisition and are incorporated by reference:

• FAR 52.204-13, System for Award Management Maintenance (Oct 2018)
• FAR 52.204-18, Commercial and Government Entity Code Maintenance (Aug 2020)
• FAR 52.212-4, Contract Terms and Conditions- Commercial Products and Commercial Services (Nov 2023). Addendum to this FAR clause applies to this acquisition and is attached.
• HHSAR 352.222-70, Contractor Cooperation in Equal Employment Opportunity Investigations (December 18, 2015)
• HHSAR 352.239-74, Electronic and Information Technology Accessibility (December 18, 2015)

The following provisions and clauses apply to this acquisition and are attached in full text.  Offerors MUST complete the provisions at 52.204-24 and 52.204-26 and submit completed copies as separate documents with their proposal.

• FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)
• FAR 52.204-26 Covered Telecommunications Equipment or Services-Representation (Oct 2020)
• FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Products and Commercial Services (Feb 2024)
• ARTICLE H.51.1. Information Security and/or Physical Access Security
• NIH Invoice and Payment Provisions (Mar 2023)

(ix)       The Government plans to make one award resulting from this solicitation. The resulting award will be made to Glencoe Software, Inc. as long as its quotation is technically acceptable and at a fair and reasonable price. If additional quotations are received, the Government will evaluate quotations or offers in accordance with FAR 13.106-2 and the award will be made to the vendor who represents the best value to the Government, price and other factors considered. The Government will use comparative evaluations to determine which quotation is the best value, in consideration of the following evaluation criteria:

1. Technical Capability: Includes: 1) the ability to provide the brand-name items and 2) the proposed delivery date.

2. Past Performance: Past performance providing similar items. The Government may use any source of available past performance information (see FAR 13.106-2(b)(3)).

3. Price: The total price for all items.
(x)        The Offerors to include a completed copy of the provision at FAR clause 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services (Nov 2023), with its offer. If the offeror has completed FAR clause 52.212-3 at www.sam.gov, then the offeror does not need to provide a completed copy with its offer.

(xi)       The clause at FAR 52.212-4, Contract Terms and Conditions- Commercial Products and Commercial Services (Nov 2023), applies to this acquisition. Addendum to this FAR clause applies to this acquisition and is attached.

(xii)      There are no additional contract requirement(s) or terms and conditions applicable to this acquisition.

(xiii)     The Defense Priorities and Allocations System (DPAS) are not applicable to this requirement.

(xiv)     Responses to this solicitation must include sufficient information to establish the interested parties’ bona-fide capabilities of providing the product or service. The price quote shall include: unit price, list price, shipping and handling costs, delivery days after contract award, delivery terms, prompt payment discount terms, F.O.B. Point (Destination or Origin), product or catalog number(s), product description, and any other information or factors that may be considered in the award decision. Such factors may include: past performance, special features required for effective program performance, trade-in considerations, probable life of the item selected as compared with that of a comparable item, warranty considerations, maintenance availability, and environmental and energy efficiency considerations.

Respondents that believe that they are manufacturers or authorized resellers of the brand-name product specified in this announcement must provide, as part of their response: (a) product, catalog, model, and/or part number(s); (b) product description; (c) all relevant information and documentation that the item(s) offered meets the salient physical, functional, or performance characteristics as specified in the purchase description; quantity; estimated price or cost; shipping, handling, and/or installation charges; and delivery date after receipt of order. 

The Unique Entity ID from SAM.gov, the Taxpayer Identification Number (TIN), and the certification of business size must be included in the response. All offerors must have an active registration in the System for Award Management (SAM) www.sam.gov.

Allquotationsmust be received by3:00 p.m., Eastern Standard Time, on 03/08/2024,and reference Solicitation Number 75N95024Q00182. Responses must be submitted electronically to Claudia Ventola, Contract Specialist, at claudia.ventola@nih.gov.

Fax responses will not be accepted.