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-24-2225539 and the solicitation is issued as a Request for Quotes (RFQ).
This acquisition will be processed under FAR Part 13 Simplified Acquisition Procedures (SAP), 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 2023-04 Effective May 22, 2024.
The North American Industry Classification System (NAICS) code for this procurement is 334516 – Analytical Laboratory Instrument Manufacturing with a size standard of 1,000 employees. The Product or Service Code (PSC) is 6640 – Laboratory Equipment and Supplies. The requirement is being competed as full and open competition, with a brand name or equal purchase description, and without a small business set-aside.
The government intends to award a firm-fixed-price purchase order to the responsible offeror as a result of this RFQ that will include the terms and conditions set forth herein. By submitting a quote, the offeror is accepting that all government terms and condition shall prevail over the award.
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 National Institute of Allergy and Infectious Diseases (NIAID), Vaccine Research Center (VRC), Flow Cytometry Core Facility (FCC), is seeking to acquire eight (8) cell analyzers at the National Institutes of Health (NIH) Bethesda campus, Maryland, that will maintain continuity of science, data integrity, experimental compatibility between existing equipment and critical protocols, and to prevent variability in data. The cell analyzers are needed to increase analysis capabilities (50 parameters) of the FCC facility and to comply with developed panels currently run on production analyzers and cell sorters at this same facility. In addition, the cell analyzers are needed to continue the integral research mission performed at the Vaccine Research Center (VRC).
The VRC/FCC provides research support to staff of the VRC and collaborators. The VRC discovers and develops novel vaccines and biologics targeting infectious diseases of global public health importance. The VRC applies scientific and technical innovation to design, develop, manufacturer and evaluate investigational vaccines and antibody-based products. Through a translational research infrastructure, the VRC advances scientific discovery into practical and accessible public health interventions. Currently eight (8) FAC Symphony A5 (conventional) analyzers are housed in the FCC facility to accommodate vaccine development and other infectious agents related to vaccine research. These older instruments are to be replaced by this purchase with eight (8) cell analyzers. These replacement units will continue to support the vaccine research in the VRC.
The National Institute of Allergy and Infectious Diseases (NIAID) has a requirement for a brand name or equal eight (8) cell analyzers. The brand name and part numbers for the products/services are provided in full detail in the attached Bill of Materials (BOM) – Attachment 2. If quoting an equal product, you must show in your quote how the quoted instruments meet the minimum requirements/specifications listed below and in the Attachment 1 – Statement of Needs.
This statement of need is for the procurement of eight (8) cell analyzers that must have the following minimum salient capabilities/characteristics:
- Must include at least 5 lasers in the standard configuration with the potential of adding at least 4 additional lasers.
- This feature allows the advancement to more parameters, if necessary, without the purchase of new instrumentation, therefore providing a built-in future expansion as experiments expand. At the Vaccine Research Center (VRC), this allows for multidimensional cell sorting for cells involved in protective immunity.
- Must contain at least 50 simultaneous parameter detection of 48 fluorescence markers plus forward scatter (FSC) and side scatter (SSC) signals. Upgradable to at least 60 parameters with increased laser capability.
- This provides the ability to sort complex cell clusters in 50 parameter space and to match panels currently measured on existing 30 parameter cell analyzers and cell sorters that will be required to sort the same number of parameters (i.e., 48 fluorescence colors plus two physical parameters). At the VRC, this allows for multidimensional cluster cell sorting for cells involved in protective immunity.
- Must include a LED pulser technology or equivalent measurements for Quality Control (QC) by measuring relative background using automated voltage ranging.
- This feature allows for rapid instrument setup and inter and intra instrument comparison, which are required for large research or clinical experiments. This improves more accurate quality control for increased precision and reproducibility of data.
- Must include a high throughput sampler (HTS) robotics.
- This device will allow 96 well plates (and other plate formats) to be used and sampled directly into the cell analyzer to allow for faster data collection speeds.
- Plates used in processing can be directly used on the HTS and therefore can reduce potential transfer errors.
- Must use a high-quality photomultiplier tube (PMT), known as the GaASP and GaA. These detectors are a proven technology and are compatible with our existing instruments and are currently used research cell panels developed in prototype instrument used at the VRC. Therefore, these detectors are compatible with our existing instruments and previous panel development, requiring minimal impact on existing panels and future panels.
- Requires the use of standard FACS-DIVA software, which is compatible with existing instruments, including the S6 cell sorter. This workflow pipeline is required for continuity of cellular and genetic experiments.
- Must process and be compatible with Flow Cytometry Standard files in version.3.1 or higher for use in the FlowJo data analysis software for standard and multidimensional data analysis.
- Must include a twelve (12) month warranty that will begin upon installation or thirty days after the date of shipment, whichever occurs first.
QUOTING REQUIREMENT
All elements below must be included in the quote for your quote to be considered responsive:
- If not brand name, documentation to prove how the “of equal” model/part meets the salient physical, functional, or performance characteristic specified in this solicitation.
- Country of Origin
- Place of Manufacture
- Estimated date of delivery
- Estimated shipping fees
PERIOD OF PERFORMANCE
Delivery is requested as soon as possible. Estimated lead time for delivery of equipment is 60 days upon Vendor’s receipt of the purchase order.
SHIPPING/DELIVERY INSTRUCTIONS
Delivery location is 40 Convent Drive, Building 40, Rm 5606, Bethesda, MD 20814. FOB: Destination. All equipment delivered shall contain a Packing Slip (with serial numbers when applicable).
INSTRUCTIONS
All interested offerors shall provide a quote for the requirement as outlined above and in Attachment 1 – Statement of Needs (SON). 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 date of delivery; point of contact: name, phone number & email; UEI#; Cage Code; business size under NAICS 334516; and payment terms. Each response must clearly indicate the capability of the vendor to meet all specifications and requirements. The Government may evaluate only those quotes that fully meet the requirements as outlined above and respond to the instructions and requirements provided in this solicitation. Failure to furnish a full and complete quote as instructed may result in the Offeror’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 3:00 pm EST, September 13, 2024. Quotes must be emailed to Daveta H. Brown, Contract Specialist, at daveta.brown@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 to daveta.brown@nih.gov.
EVALUATION
NIAID will evaluate quotes to determine the best value to the government. NIAID will make that determination based on technical acceptability, price, and past performance. 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, price will become a major consideration in selecting the successful Offeror.
SPECIAL NOTICE TO OFFERORS
Offerors 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 offeror may submit an invoice once a shipment is delivered. NIAID will only accept invoices for 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 52.252-21 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.acquistion.gov/
The following FAR provisions apply to this acquisition:
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 for 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 (Nov 2021)
FAR 52.212-3 – Offeror Representations and Certifications – Commercial Products and Commercial Services (May 2022)
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 52.204-13 – 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 (Dec 2022)
FAR 52.232-40 – Providing Accelerated Payments to Small Business Subcontractors (Mar 2023)
The following additional clauses are applicable to this requirement and provided in full text as an Attachment:
FAR 52.212-5 – Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Products and Commercial Services (May 2024)
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/:
Provisions
HHSAR 352.239-73 – Electronic and Information Technology Accessibility Notice (Dec 2015)
Clauses
HHSAR 352.203-70 – Anti-lobbying (Dec 2015)
HHSAR 352.208-70 – Printing and Duplication (Dec 2015)
HHSAR 352.222-70 – Contractor Cooperation in Equal Employment Opportunity Investigations (Dec 2015)
HHSAR 352.239-74 – Electronic and Information Technology Accessibility (Dec 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)
LIST OF ATTACHMENTS
Attachment 1 – Statement of Needs (SON)
Attachment 2 – Bill of Materials (BOM)
Attachment 3 – Full Text Clauses
