Purchase of Indica Labs HALO Digital Pathology Enterprise Licenses

NON-COMPETITIVE
COMBINED SYNOPSIS / SOLICITATION

Title: HALO Platform Enterprise License

 (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 75N95020Q00099 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; FAR Subpart 13.5— Simplified Procedures for Certain Commercial Items; and FAR Part 12—Acquisition of Commercial Items, and is 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), NIDA Office of Acquisition – NCATS Section, 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:

Indica Labs, Inc.
2469 Corrales Rd. Bldg A-3
Corrales, NM 87048

for an enterprise license for HALO digital pathology software.
 
This acquisition is conducted as non-competitive for a commercial item or service and is conducted under the authority of the FAR Subpart 13.5—Simplified Procedures for Certain Commercial Items and the statutory authority of 41 U.S.C. 1901 and 41 U.S. 3304(a)(1). 

Pursuant to FAR Subpart 13.501(a)(1)(iii) the justification (excluding brand name) will be made available within 14 days after contract award or in the case of unusual and compelling urgency within 30 days after contract award. 

(iii)    The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2020-07 dated 8/31/2020.

(iv)    The associated NAICS code is 511210 Software Publishers and the small business size standard is $41.5 million. The requirement is not set aside for small business.

(v)    The vendor will provide the following components of the HALO digital pathology image analysis platform:

Licenses,    Product Number
HALO Unlimited - 3x10 seat licenses    PRO328
HALO Link - 2000 seats    PRO921
HALO 5 Module 5 seats (COVID)    PRO890
HALO AI add on (COVID)    PRO 910
HALO AI Module - 5 seats    PRO914
HALO SDK - 3 seats    PRO751
HALO Analysis Cluster - 17 licenses    PRO575
HALO Data Migration - eSlide Manager – 4 seats    PRO712
HALO AP 25K slides    PRO743

(vii)    Delivery shall be to:

The National Center for Advancing Translational Sciences (NCATS)
9800 Medical Center Drive
Rockville, MD 20850

Delivery shall be within ten days after receipt of order.

(viii)    The provision at FAR clause 52.212-1, Instructions to Offerors – Commercial Items, applies to this acquisition.

(ix)    Evaluation: the award resulting from this solicitation will be made to the responsible offeror whose proposal provides the best value to the Government. A tradeoff evaluation process will will consider technical capability of the item(s)/service(s) to meet the Government requirement, price, terms and conditions, and past performance, with non-cost or price factors, when combined, significantly more important than cost or price. A comparative evaluation process will be used if multiple quotes are received.

    Section 508 compliance will be evaluated as a stand-alone factor according to the Section 508 requirements statement included with this solicitation. The rating will not be disclosed.

(x)    Offerors are to include a completed copy of the provision at FAR clause 52.212-3, Offeror Representations and Certifications—Commercial Items, with offers. 

(xi)    The FAR clause at 52.212-4, Contract Terms and Conditions – Commercial Items, applies to this acquisition, along with an addendum to 52.212-4 – Supplier License Agreements, attached to this solicitiaton. 

The following FAR provisions or clauses are incorporated by reference:

52.204-7, System for Award Management (Oct 2018)
52.204-13, System for Award Management Maintenance (Oct 2018)
52.204-16, Commercial and Entity Code Reporting (Aug 2020)
52.204-18, Commercial and Entity Code Maintenance (Aug 2020)
HHSAR 352.222-70, Contractor Cooperation in Equal Employment Opportunity Investigations (December 18, 2015). 

52.212-4(g), Invoice, is supplemented by the NIH Invoice and Payment Instructions (2/2014), and the NIH interim electronic invoice submission instructions, attached.

Offerors must complete and return the FAR representation 52.204-24 Representation Regarding Certain Telecommunicaitons and Video Surveillance Services or Equipment (Aug 2020), attached.

Offerors must complete and return the FAR 52.204-26, Covered Telecommunications Equipment or Services-Representation (Dec 2019), attached.

(xii)    FAR clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders–Commercial Items, applies to this acquisition.

(xiii)    The following additional contract requirement(s) or terms and conditions as determined by the contracting officer are necessary for this acquisition and consistent with customary commercial practices:

Vendor should describe whether and how it will provide credit for existing HALO licenses in use at the National Cancer Institute that will be replaced by this enterprise license.

(xiv)    This synopsis is not a request for competitive proposals. All responsible sources may submit a bid, proposal or quotation which shall be considered by the agency.

(xvi)    In addition, the Dun & Bradstreet Number (DUNS), 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.

All responses must be received by 11:00 a.m. Eastern time on September 8, 2020, and reference solicitation no. 75N95020Q00099. Responses must be submitted by email to Stuart Kern, Contract Specialist, stuart.kern@nih.gov, tel. 301-402-3334.

Attachments:
-    FAR 52.212-4 Addendum
-    FAR 52.204-24 Representation
-    FAR 52.204-26 Representation
-    NIH Invoice and Payment Instructions
-    FAR 52.212-5
-    Section 508 Accessibility Standards