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-24-2227600 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 2024-06 Effective August 29, 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 in employees. The Product or Service Code (PSC) is 6640 – Laboratory Equipment and Supplies. 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 vendor as a result of this solicitation. The awarded purchase order will include the terms and conditions set forth herein. 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 submitting a quote, the vendor acknowledges they are required to be registered and visible in the System for Award Management (SAM) database at the time of quote submission. The vendor must maintain this registration status until the time of award, throughout the performance of the contract, and until final payment is made for any contract resulting from this solicitation (www.sam.gov).
STATEMENT OF NEED
The proposed purchase is for Brand Name or Equal products/services.
The National Institute of Allergy and Infectious Diseases (NIAID), Laboratory of Immunogenetics (LIG), is seeking a spectral flow cytometer to perform high-parameter flow cytometry to explore the expression profile of more than 35 markers in their respective experimental systems and advance their science.
Specifically, NIAID LIG, is seeking a Sony ID7000 or equal spectral flow cytometer to meet the specifications and perform the applications listed in the attached Statement of Work (SOW). The brand name and part numbers for the products/services are detailed in the attached Bill of Materials (BOM). Please provide a quote based on the attached SOW and BOM. Vendors must be authorized sellers of the Sony ID7000 Cell Analyzer or equivalent spectral flow cytometer.
To be considered for award, vendors quoting “equal” products/services, including “equal” products/services of the brand-name manufacturer, must meet the minimum requirements/specifications outlined in the attached SOW.
PERIOD OF PERFORMANCE
The delivery of equipment is required as soon as possible and must be completed within 60 days following the receipt of award, which is estimated to be by November 26, 2024. Installation and all associated services must be completed by August 1, 2025.
SHIPPING/DELIVERY INSTRUCTIONS
Delivery location is FOB Destination: 5625 Fishers Lane Rockville, MD 20852. Prior to shipment, the contractor shall coordinate delivery arrangement with the Government point of contact designated in the award. All equipment delivered shall contain a Packing Slip.
INSTRUCTIONS
All interested vendors are invited to submit a quote for the requirement as outlined in the SOW and BOM. Each quote must include the following details:
1. Price(s) (unit price, extended price, total price)
2. Shipping fees
3. Manufacturing country of origin of the products, including components
4. Documentation demonstrating vendor is either the manufacturer or authorized distributor/reseller of the product(s)
5. Estimated date of delivery
6. Point of contact: name, phone number & email
7. Unique Entity ID (UEI) and Cage Code from active SAM.gov registration
8. Business size under NAICS 334516
9. 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.
NIAID intends to issue one RFQ with the possibility of making up to two (2) awards. However, preference will be given to quotes that offer a comprehensive solution, allowing for a single award. Vendors should clearly demonstrate how their quote meets all the specified requirements.
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 4:30 PM EST on September 23, 2024. Quotes must be emailed to Hershea Vance, Contract Specialist, at hershea.vance@nih.gov. Late quotes will not be considered. All responsible sources may submit quotes that will be considered by this Agency. Any questions or concerns regarding this combined synopsis/solicitation should be emailed by September 20, 2024, at 11:30 am to hershea.vance@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. The Government will not award a purchase order to a Contractor at a significantly higher evaluated price to achieve only slightly superior performance capabilities. Likewise, the Government will not award to a Contractor simply because its quote is technically capable and also the lowest quoted price. The Government intends to award without discussions but reserves the right to conduct discussions should it be deemed in the Government’s best interest.
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.acquistion.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 52.252-2 - 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 (Nov 2023)
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)
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 352.239-78 – Information and Communication Technology Accessibility Notice (Feb 2024)(DEVIATION)
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)
LIST OF ATTACHMENTS
Attachment 1 – Statement of Work (SOW)
Attachment 2 - Bill of Materials (BOM)
Attachment 3 - Full Text Clauses
