This notice is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulations (FAR) Subpart 12.6 “Streamlined Procedures for Evaluation and Solicitation for Commercial Items”, as applicable, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; (a written solicitation will not be issued) and quotations (quotes) are being requested. The solicitation number is RFQ-NIAID-24-2199105 and the solicitation is issued as a Request for Quotation (RFQ).
This acquisition will be processed under FAR Part 13 Simplified Acquisition Procedures, FAR 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 2024-03 effective February 23, 2024.
The North American Industry Classification System (NAICS) code for this procurement is 325120 – Industrial Gas Manufacturing with a small business size standard of 1,200 employees. This requirement is not set-aside for small business.
The Government anticipates making a single award Firm Fixed Price (FFP) purchase order to the responsible Quoter as a result of this RFQ that will include the terms and conditions set forth herein. By submitting a quote, the vendor is accepting that all government terms and conditions shall prevail over the award.
In accordance with 52.212-1, Instructions to Offerors, paragraph (f), quotes received after the established closing date will be viewed as late, and therefore not considered. Quoters must follow the instructions including 52.212-1 and the supplemental instructions. Quoter must be registered in the System for Award Management (SAM) prior to award of a purchase order. Quoters may access SAM at https://sam.gov. Clause 52.212-4 - Contract Terms and Conditions, applies to this solicitation. See below for further instructions. Quotes shall be good for 90 calendar days from the date of submission.
STATEMENT OF NEED
The National Institute of Allergy and Infectious Diseases (NIAID) conducts and supports basic and applied research to better understand, treat, and ultimately prevent infectious, immunologic, and allergic diseases. The Rocky Mountain Laboratories (RML) is a biological research laboratory operated by NIAID and is a state-of-the-art research facility with a mission to study infectious microbes that cause diseases in humans and animals. The Office of Operations Management (OOM), serving as a representative of the Federal Government at RML, has a research need to procure a variety of liquid and compressed specialty gases and bulk liquid nitrogen and carbon dioxide for all researchers to use. The research at RML depends heavily on having various specialty gases and liquid nitrogen available at all times. Failure to maintain constant access to these gases would be catastrophic to ongoing mission-critical research.
Specifically, NIAID, RML, OOM is seeking to establish a base plus four 12-month option periods contract for various liquid and compressed gases, including bulk liquid nitrogen and carbon dioxide, to support biological research at RML as outlined in the attached Quote Form and Statement of Work (SOW). The service contract must meet all the technical requirements listed in the SOW and below:
- 1500, 1625, and 3000 gallon bulk liquid nitrogen tanks available for immediate rental with vendor providing needed regular maintenance and inspections
- 20+ liquid nitrogen gas packs (22psi) available for use with +/-10 refilled weekly
- Weekly pick up of empty compressed gas bottles and return of filled bottles (1 week turn around on refills)
- At least biweekly bulk nitrogen delivery to refill the current 3 tanks on site, capability for an emergency bulk nitrogen delivery response within 24 hours of notice
- At least biweekly bulk carbon dioxide delivery to refill the current 2 tanks on site, capability for an emergency bulk carbon dioxide delivery response within 24 hours of notice
- 1 hour on site response to notice of a bulk tank emergency
- Delivery drivers meet/maintain facility badging requirements for escort free campus access
- Online bulk tank telemetry system with user access
- Transparency of sourcing of products to ensure viability and sustainability of supply
- Organic capability to inspect/repair/replace supplied tanks to ensure safety and continuity of supply without effecting campus scientific operations
PERIOD OF PERFORMANCE
Base Period: May 01, 2024 – January 31, 2025
Option Period 1: February 1, 2025 – January 31, 2026
Option Period 2: February 1, 2026 – January 31, 2027
Option Period 3: February 1, 2027 – January 31, 2028
Option Period 4: February 1, 2028 – January 31, 2029
PLACE OF PERFORMANCE
Rocky Mountain Laboratories
903 South 4th Street
Hamilton, MT 59840
INSTRUCTIONS
All interested vendors shall provide a quote for the requirement as outlined in this RFQ.
All quotes shall include:
- Completed Quote Form (attached). Pricing must be provided for all fields/items listed under both tabs, including pricing for individual items for each year (5 years total);
- Delivery/shipping fees (if priced separately, include on Quote Form);
- Point of contact: name, phone number & email;
- UEI# and Cage Code;
- Business size under NAICS 325120;
- Gas Delivery Plan for RML to include:
- Overview of distribution system
- Location of resources for transporting bulk items (name, address or distance in miles from RML)
- Source of supplies (name, address or distance in miles from RML)
- Operational capabilities (people, process, technology)
- Process to minimize impacts to delivery and gas availability during events such as extreme weather, facility outages, limited supply/high demand
- Clearly indicate your organization’s capability to meet all specifications and requirements (no more than 20 pages, excludes price quote/Quote Form)
- Transition-In Plan: provide a Transition-In Plan that details how your company will work with the prior company and RML to ensure a smooth and successful transition to maintain continuity of gas service at RML with minimal or no impact to scientific services.
- Three references within the last three (3) years indicating past performance of similar size and scope as this project. Include organization name, point of contract information, and a brief description of the scope of the project;
- Submit all (if any) price assumptions, conditions, or exceptions related to any of the terms and conditions of the SOW. The Government reserves the right to reject any quote that includes any price assumptions, conditions, or exceptions that impact or affect the Government’s objectives or requirements.
The Government will 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 will result in the Quoter’s response being considered non-responsive and will therefore be eliminated from further consideration and award.
Quotes are due by 12:00 PM EST on April 19, 2024. Quotes must be emailed to Kathy Song, Contract Specialist at kathy.song@nih.gov. Late quotes will not be considered. All responsible sources may submit an offer that will be considered by this Agency. Any questions or concerns regarding this combined synopsis/solicitation should be emailed by April 16, 2024 at 12:00 PM EST to kathy.song@nih.gov.
EVALUATION
NIAID will evaluate quotes to determine the best value to the government. NIAID will make that determination based on technical acceptability, past performance, and price. NIAID will evaluate past performance and price only for those quotes which are rated as technically acceptable. In the event quotes are evaluated as technically equal, past performance, and price will become major considerations in selecting the successful Quoter.
EVALUATION OF OPTIONS
In accordance with FAR 52.217-5 Evaluation of Options, the Government will evaluate offers for award purposes by adding the total price for all options to the total price of the basic requirement. The Government may determine that a quote is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).
SPECIAL NOTICE TO QUOTERS
Quoters 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.
ELECTRONIC INVOICING
The successful vendor may submit an invoice once a shipment is delivered, and services have been rendered. NIAID will only accept invoices for completed services and units that have been delivered to NIAID.
NIH is using a phased transition approach from the NIH Office of Financial Management (OFM) Electronic Invoice Submission instructions to the Department of Treasury’s Invoice Processing Platform (IPP). For contractors that have transitioned to IPP, the Contractor must submit invoices to the Department of Treasury's Invoice Processing Platform (IPP) at https://www.ipp.gov. For contractors that have not transitioned to IPP, the Contractor shall submit invoices to the National Institutes of Health (NIH)/Office of Financial Management (OFM) via email at invoicing@nih.gov with a copy to the approving official until the Contractor has been notified of its transition to IPP.
PROVISIONS AND CLAUSES
FAR 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998)
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 this/these address(es): https://www.acquisition.gov/
FAR 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (Sep 2007)
FAR 52.203-18 – Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements – Representations (Jan 2017)
FAR 52.204-7 – System for Award Management (Oct 2018)
FAR 52.204-16 – Commercial and Government Entity Code Reporting (Aug 2020)
FAR 52.204-17 – Ownership of Control of Offeror (Aug 2020)
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 52.209-5 – Certification Regarding Responsibility Matters (Aug 2020)
FAR 52.209-7 – Information Regarding Responsibility Matters (Oct 2018)
FAR 52.212-1 – Instructions to Offerors – Commercial Products and Commercial Services (Sep 2023)
FAR 52.212-3 – Offeror Representations and Certification – Commercial Products and Commercial Services (Nov 2023)
FAR 52.217-5 – Evaluation of Options (Jul 1990)
The following HHSAR provision is applicable and provided in full text below:
HHSAR 352.239-78 – INFORMATION AND COMMUNICATION TECHNOLOGY ACCESSIBILITY NOTICE (FEB 2024) (DEVIATION)
(a) Any offeror responding to this solicitation must comply with established HHS Information and Communication Technology (ICT) accessibility standards. Information about Section 508 is available at https://www.hhs.gov/web/section-508/index.html.
(b) The Section 508 accessibility standards applicable to this solicitation are stated in the clause at 352.239-79 Information and Communication Technology Accessibility. In order to facilitate the Government’s determination whether proposed ICT supplies, products, platforms, information, and documentation meet applicable Section 508 accessibility standards, offerors must submit an appropriate HHS Section 508 Accessibility Conformance Checklist (see https://www.hhs.gov/web/section-508/accessibility-checklists/index.html) or an Accessibility Conformance Report (ACR) (based on the Voluntary Product Accessibility Template (VPAT) see https://www.itic.org/policy/accessibility/vpat), in accordance with the completion instructions. The purpose of the checklists and conformance reports are to assist HHS acquisition and program officials in determining whether proposed ICT supplies, products, platforms, information, and documentation conform to applicable Section 508 accessibility standards. Checklists and ACRs evaluate—in detail—whether the ICT conforms to specific Section 508 accessibility standards and identifies remediation efforts needed to address conformance issues.
(c) If an offeror claims its supplies or services meet applicable Section 508 accessibility standards, and it is later determined by the Government, i.e., after award of a contract or order, that supplies, products, platforms, information, documentation, or services support delivered do not conform to the described accessibility standards, remediation of the supplies, products, platforms, information, documentation, or services support to the level of conformance specified in the contract will be the responsibility of the Contractor at its expense.
(d) In order to facilitate the Government's determination whether proposed ICT supplies meet applicable Section 508 accessibility standards, offerors must submit an Accessibility Conformance Report, in accordance with its completion instructions and tailored to the requirements in the solicitation. The purpose of the Report is to assist HHS acquisition and program officials in determining whether proposed ICT supplies conform to applicable Section 508 accessibility standards. The template allows offerors or developers to self-evaluate their supplies and document, in detail, whether they conform to a specific Section 508 accessibility standard, and any underway remediation efforts addressing conformance issues. Instructions for preparing the HHS Section 508 Evaluation Template are available at https://Section508.gov/.
(e) In order to facilitate the Government's determination whether proposed ICT services meet applicable Section 508 accessibility standards, offerors must provide enough information to assist the Government in determining that the ICT services conform to Section 508 accessibility standards, including any underway remediation efforts addressing conformance issues.
(f) Respondents to this solicitation must identify any inability to conform to Section 508 requirements. If an offeror claims its supplies or services meet applicable Section 508 accessibility standards, and it is later determined by the Government, i.e., after award of a contract or order, that supplies or services delivered do not conform to the described accessibility standards, remediation of the supplies or services to the level of conformance specified in the contract will be the responsibility of the Contractor at its expense.
(g) Items delivered as electronic content must be accessible to HHS acceptance criteria. Checklist for various formats are available at http://508.hhs.gov/. Materials, other than items incidental to contract management, that are final items for delivery should be accompanied by the appropriate checklist, except upon approval of the Contracting Officer or Contracting Officer’s Representative.
(End of provision)
FAR 52.252-2 – Clauses Incorporated by Reference (Feb 1998)
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 this/these address(es): https://www.acquistion.gov/
FAR 52.203-12 – Limitation on Payments to Influence Certain Federal Transactions (Jun 2020)
FAR 52.204-13 – System for Award Management Maintenance (Oct 2018)
FAR 52.204-18 – Commercial and Government Entity Code Maintenance (Aug 2020)
FAR 52.204-21 – Basic Safeguarding of Covered Contractor Information Systems (Nov 2021)
FAR 52.212-4 – Contract Terms and Conditions – Commercial Products and Commercial Services (Nov 2023)
FAR 52.223-3 – Hazardous Material Identification & Material Safety Data – Alternate I (Jul 1995)
FAR 52.232-40 – Providing Accelerated Payments to Small Business Subcontractors (Mar 2023)
FAR 52.237-2 – Protection of Government Buildings, Equipment, and Vegetation (Apr 1984)
FAR 52.242-15 – Stop-Work Order (Aug 1989)
By reference the Department of Health and Human Services Acquisition Regulation (HHSAR) clauses that are applicable to this requirement. Copies are available from http://www.hhs.gov/policies/hhsar/:
HHSAR 352.203-70 – Anti-lobbying (December 18, 2015)
HHSAR 352.208-70 – Printing and Duplication (December 18, 2015)
HHSAR 352.222-70 – Contractor Cooperation in Equal Employment Opportunity Investigations (December 18, 2015)
HHSAR 352.223-70 – Safety and Health (December 18, 2015)
By full text the Department of Health and Human Services Acquisition Regulation (HHSAR):
HHSAR 352.232-71 – Electronic Submission of Payment Requests (February 2, 2022)
HHSAR 352.239-79 – Information and Communication Technology Accessibility (Feb 2024) (DEVIATION)
The following additional clauses are applicable to this requirement and provided in full text as Attachments:
FAR 52.212-5 – Contract Terms and Conditions Required to Implement Status or Executive Orders – Commercial Products and Commercial Services (Dec 2023)
FAR 52.217-8 – Option to Extend Services (Nov 1999)
FAR 52.217-9 – Option to Extend the Term of the Contract (Mar 2000)
LIST OF ATTACHMENTS
Attachment 1 – Quote Form
Attachment 2 – Statement of Work (SOW)
Attachment 3 – Full Text Clauses
Amendment 001: Publish general questions and answers received.
