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-24-2221297 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 2024-05 Effective May 22, 2024.
The North American Industry Classification System (NAICS) code for this procurement is 315990 – Apparel Accessories and Other Apparel Manufacturing with a small business size standard of 600 employees. This requirement is not set-aside for small business. The Government anticipates making a single award Firm Fixed Price (FFP) purchase order. By submission of a quote, the Offeror acknowledges the requirement that a prospective awardee shall be registered and viewable in the System for Award Management (SAM) database prior to award, during performance, and through final payment resulting from this solicitation (www.sam.gov).
STATEMENT OF NEED
The U.S. Department of Health and Human Services (HHS), National Institute of Health (NIH), 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 Laboratory of Virology (LV) within the Division of Intramural Research (DIR) at NIAID’s Rocky Mountain Laboratories (RML) in Hamilton, Montana conducts innovative scientific research on viral agents requiring high or maximum containment (Biosafety Level-2 to Biosafety Level-4) to understand transmission, pathogenesis, pathophysiology, and host immune responses, with the goal of developing diagnostics and countermeasures. Due to the nature of work performed in the high containment lab at RML, positive protection suits are necessary for the safety of the researchers. These suits need periodic replacement due to wear from chemical showers. Failure to procure these suits would negatively impact the research NIAID performs in its biosafety level 4 (BSL-4) laboratories.
Specifically, NIAID is seeking to establish a base plus four 12-month option periods contract for the brand name or equal to the Honeywell BSL-4 positive pressure protection suits. Offerors shall be an authorized seller of the Honeywell brand name or equal products. To be considered for award, offeror(s) quoting “equal” products, including “equal” products of the brand-name manufacturer must meet all the technical requirements listed below and in the attached Bill of Materials (BOM):
- Biosafety level 4 positive pressure suits that shall be made of a material that is resistant to quaternary virucidal chemical showers on a daily basis.
- Each suit shall include an in-line HEPA filtration system that connects to a facility providing breathing air system via standard Parker quick connections.
- The suits must use the air provided at 60 PSI and utilize an internal suit air distribution system to deliver 25 cfm that is HEPA filter exhausted.
- Air hose hook up shall be on the right side.
- All seams shall be air and watertight and the feet must be stocking type that will fit into a shoe or boot.
- Noise level inside the suit must be below the Occupational Safety and Health Administration (OSHA) standard and allow clear communication over radio or phone by the user while in the suit.
OPTIONS
Quantity options are included within the Base and Option Periods 1 – 4. The quantity options may be exercised at any time during the corresponding period of performance. Unexercised quantities do not carry over into the next option period. NIAID expects one or more options exercised at the beginning of each period of performance.
PERIOD OF PERFORMANCE
Delivery is requested as soon as possible. Period of performance will be dependent upon manufacturing lead times and is estimated to be 6-months from the date of award, with four, 12-month option periods. Estimated period of performance:
Base Period: September 13, 2024 – March 31, 2025
Option Period 1: April 1, 2025 – March 31, 2026
Option Period 2: April 1, 2026 – March 31, 2027
Option Period 3: April 1, 2027 – March 31, 2028
Option Period 4: April 1, 2028 – March 31, 2029
SHIPPING/DELIVERY INSTRUCTIONS
Delivery location is FOB Destination:
Rocky Mountain Laboratories
Central Receiving – Building 22
903 South 4th Street
Hamilton, MT 59840
INSTRUCTIONS
All interested vendors shall provide a quote for the requirement as outlined in this solicitation. All quotes shall include:
- Price(s) (unit price, extended price, total price)
- Shipping fees
- Manufacturing country of origin of the products, including components
- Documentation demonstrating vendor is either the manufacturer or authorized distributor/reseller of the product(s)
- Estimated delivery timeframe
- Point of contact: name, phone number & email
- Unique Entity ID (UEI) and cage code from active SAM.gov registration
- Business size under NAICS 315990
- Payment terms
Each response must clearly indicate the capability of the vendor to meet all specifications and 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.
If providing an equal product(s)/services(s), please supply descriptive data for evaluation purposes to determine the validity of how it is an EQUAL. The following FAR provision applies to this a solicitation FAR 52.211-6 Brand Name or Equal (Aug 1999):
(a) If an item in this solicitation is 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 characteristic specified in this 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 modifications 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)
Quotes are due by 12:00 PM EST on September 4, 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 August 26, 2024 at 3:00 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.
EVALUTION 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. 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 52.203-18 – 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 52.204-24 – 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 52.209-7 – Information Regarding Responsibility Matters (Oct 2018)
FAR 52.211-6 – Brand Name or Equal (Aug 1999)
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 (May 2024)
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 – Limitations 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 52.242-15 – Stop-Work Order (Aug 1989)
By reference the Department of Health and Human Services Acquisition Regulation (HHSAR) provisions and clauses that are applicable to this requirement. Copies are available from http://www.hhs.gov/policies/hhsar/:
Clauses
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)
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 (May 2024)
FAR 52.217-7 – Option for Increased Quantity-Separately Priced Line Item (Mar 1989)
FAR 52.217-9 – Option to Extend the Term of the Contract (Mar 2000)
LIST OF ATTACHMENTS
Attachment 1 – Bill of Materials (BOM)
Attachment 2 – Full Text Clauses
Amendment 001: Publish general questions and answers received.
Amendment 002: We are extending the deadline for responses to provide additional time for vendors to submit their quotes. This extension aims to ensure that all interested parties have ample opportunity to prepare and deliver comprehensive and competitive quotes.
Amendment 003: We are further extending the deadline for responses in consideration of the upcoming federal holiday to provide additional time for vendors to submit their quotes. As stated in the prior amendment, this extension aims to ensure that all interested parties have ample opportunity to prepare and deliver comprehensive and competitive quotes.
