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-24-2227248 and the solicitation is issued as a Request for Quotation (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 2024-06 Effective August 29, 2024.
The North American Industry Classification System (NAICS) code for this procurement is 334516 – Analytical Laboratory Instrument Manufacturing with a small business size standard of 1,000 in employees. This requirement is a 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. The awarded purchase order will include the terms and conditions set forth in this solicitation. By submitting a quote in response to this RFQ, the vendor confirms acceptance that the government terms and conditions will prevail in the award.
By submission of a quote, the Vendor acknowledges the requirement that a prospective awardee shall be registered and viewable in the System for Award Management (SAM) database when submitting a quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract resulting from this solicitation (www.sam.gov).
STATEMENT OF NEED
The proposed purchase is for Brand Name or Equal products/services.
The purpose of this acquisition is to procure replacement NSF/ANSI 49 certified Class II, Type B1 Biological Safety Cabinets (BSCs) to support National Institute of Allergy and Infectious Diseases (NIAID), Division of Intramural Research (DIR) research programs. This procurement will adhere to regulations and requirements established by NIH Department of Occupational Health and Safety (DOHS), NIH Division of Technical Resources (DTR), Center for Disease Control (CDC), and CDC/NIH Biosafety in Microbiological Biomedical Laboratories (BMBL).
As part of the equipment lifecycle replacement, NIAID DIR seeks to acquire eighteen (18) BSCs in two (2) different configurations, with a potential of 80 units over a five-year period. These units must be compatible with existing building infrastructure for a phased lifecycle replacement project in DIR laboratory facilities located in Bethesda and Rockville, Maryland and Hamilton, Montana. The BSCs are critical components that act as a primary containment barriers for researchers working with infectious microorganisms, viruses, and prions.
Many existing BSCs in DIR laboratories are over 20 years old and require replacement or upgrades due to a lack of maintenance parts and materials, as they are at the end of their lifecycle. The Statement of Needs (see Attachment 1) defines appropriate like-for-like replacements to fit into existing laboratory spaces. DIR intends to procure at least eighteen (18) new BSCs as part of first phase of a multiyear approach to upgrading these units across all DIR campuses.
During the base period, DIR intends to acquire eighteen (18) units to replace BSCs that are now experiencing failure issues and are most at risk of reaching the end of their lifecycle. No quantity options are requested for the base period. Following the base period , there are four (4) 12-month option periods, with 17, 16, 15, and 14 units included in each respective period, to address the anticipated need for DIR upgrades and replacements.
Please provide a quote based on the attached Statement of Needs and Bill of Materials (BOM). The proposed purchase is for Brand Name or Equal product/services. Quoters must be authorized sellers of NuAire brand or equivalent BSCs.
To be considered for award, vendors quoting “equal” products/services, including those of the brand-name manufacturer, must meet the minimum requirements/specifications outlined in the attached Statement of Needs.
OPTIONS
Quantity options are included within Option Periods 1 through 4. These options may be exercised at any time during the corresponding period of performance. Unexercised quantities will not carry over into the next option period. NIAID anticipates exercising one or more options exercised at the beginning of each option period.
PERIOD OF PERFORMANCE
The anticipated period of performance will be for one (1) twelve (12) month base year with four (4) option years. The option years may be exercised at the discretion of the Government. The equipment must be delivered and installed within 10 weeks of receipt of the awarded Purchase Order, with an estimated delivery date of December 6, 2024. Equipment lead times to manufacture and deliver the units must fit within the parameters as listed in the Statement of Needs.
Base Period: 09/27/24 – 09/26/25
Option Period 1: 09/27/25 – 09/26/26
Option Period 2: 09/27/26 – 09/26/27
Option Period 3: 09/27/27 – 09/26/28
Option Period 4: 09/27/28 – 09/26/29
Base Period: 18 total units – Delivery of 100% of the Base Period units within 8-10 weeks of PO award
Option Period 1: 1 unit (Base), 15 units (Option) – Delivery within 8-10 weeks of exercise of Option
Option Period 2: 1 unit (Base), 14 units (Option) – Delivery within 8-10 weeks of exercise of Option
Option Period 3: 1 unit (Base), 13 units (Option) – Delivery within 8-10 weeks of exercise of Option
Option Period 4: 1 unit (Base), 12 units (Option) – Delivery within 8-10 weeks of exercise of Option
PLACE OF PERFORMANCE
The principal place of work will be Bethesda and Rockville, Maryland, Hamilton, Montana, and in contract/leased spaces in the Washington, DC, metropolitan area.
SHIPPING/DELIVERY INSTRUCTIONS
The administration of this purchase order will involve close coordination between the contractor and NIAID to ensure the successful delivery and installation of the BSCs at the specified NIH facilities at:
9000 Rockville Pike, Bethesda, MD 20898
12735 Twinbrook Parkway, Rockville, MD 20852
16071 Industrial Drive, Gaithersburg, MD 20877
903 South 4th Street, Hamilton, MT 59840
The procurement of the replacement B1 BSCs will involve standard delivery and setup services provided by the contractor. The contractor will be responsible for transporting, assembling, and leveling the new units at the specified campus locations. Additionally, the contractor will provide necessary documentation, including warranty information, to ensure proper maintenance and servicing over the life of the acquisition.
QUOTATION INSTRUCTIONS
By submitting a quotation, the interested vendors are accepting that the government terms and conditions as outlined in this solicitation, shall prevail over the final award. All submitted quotations shall include:
- Price(s) (unit price, extended price, total price) for the base period and all options
- Shipping fees
- Manufacturing country of origin of the products, including components
- Documentation demonstrating vendor is either the manufacturer or authorized distributor/reseller of the quoted product(s)
- Estimated date of delivery
- Point of contact: name, phone number & email
- Unique Entity ID (UEI) and cage code from active SAM.gov registration
- Business size under NAICS 334516
- Clear indication of the capability of the vendor to meet all specifications and requirements
- Quotations of “equal” models must include documentation of meeting the salient physical, functional, or performance characteristic specified in this solicitation and outlined in FAR 52.211-6 Brand Name or Equal (Aug 1999) below
- Details of the warranty, including duration and coverage
- Three references from within the last three years demonstrating past performance on projects of similar size and scope. Include the following information for each reference: organization name, point of contact information, and a brief description of the scope of the project.
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.
Questions are due by 1:00 pm EST on September 19, 2024. Quotes are due by 1:00 pm EST on September 23, 2024. Quotes must be emailed to Caitlyn O’Connor, Contract Specialist, at Caitlyn.o’connor@nih.gov. Late quotes will not be considered. All responsible sources may submit a quote that will be considered by this Agency. Any questions or concerns regarding this combined synopsis/solicitation should be emailed to Caitlyn.o’conner@nih.gov.
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)
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 quotes 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
By submitting a quote in response to this solicitation, vendor is accepting the following terms and conditions:
The following FAR provisions apply to this acquisition:
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 Items (SEP 2023)
FAR 52.212-3 Offerors Representations and Certifications - Commercial Items (MAY 2024)
(Quoters must complete annual representations and certifications on-line at http://www.sam.gov/ in accordance with FAR 52.212-3 Offerors Representations and Certifications- Commercial Items (Please ensure FAR 52.209-2 -- Prohibition on Contracting with Inverted Domestic Corporations--Representation. (Nov 2015) is updated in your SAM record)
FAR 52.217-5 – Evaluation of Options (Jul 1990)
The following FAR contract clauses apply to this acquisition:
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 Items (NOV 2023)
FAR 52.242-15 – Stop-Work Order (Aug 1989)
The following additional FAR 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)
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/:
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)
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 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)
LIST OF ATTACHMENTS
Attachment 1 – Statement of Needs
Attachment 2 – Bill of Materials (BOM)
Attachment 3 – Full Text Clauses
