Loren Data's SAM Daily™

FBO DAILY ISSUE OF JUNE 24, 2010 FBO #3134
SOLICITATION NOTICE

66 -- Laboratory Equipment

Notice Date

6/22/2010
 

Notice Type

Combined Synopsis/Solicitation
 

NAICS

334516 — Analytical Laboratory Instrument Manufacturing
 

Contracting Office

Department of Health and Human Services, Food and Drug Administration, Office of Acquisitions and Grants Services, 5630 Fishers Lane, Room 2129, Rockville, Maryland, 20857-0001
 

ZIP Code

20857-0001
 

Solicitation Number

FDA-SOL-1071140
 

Archive Date

7/22/2010
 

Point of Contact

William T. Lee, Phone: 3014435863, Doreen Williams,
 

E-Mail Address

william.lee@fda.hhs.gov, doreen.williams@fda.hhs.gov
(william.lee@fda.hhs.gov, doreen.williams@fda.hhs.gov)
 

Small Business Set-Aside

Total Small Business
 

Description

Service Location • FDA, Bethesda, Maryland; Building 29, Room#B1. Subject: Laboratory Equipment Solicitation Number: FDA1071140 PART 1 - Description THIS IS A COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS PREPARED IN ACCORDANCE WITH THE FORMAT IN FAR SUBPART 12.6-STREAMLINED PROCEDURES FOR EVALUATION AND SOLICITATION FOR COMMERCIAL ITEMS-AS SUPPLEMENTED WITH ADDITIONAL INFORMATION INCLUDED IN THIS NOTICE. THIS ANNOUNCEMENT CONSTITUTES THE ONLY SOLICITATION; QUOTATIONS ARE BEING REQUESTED, AND A WRITTEN SOLICITATION DOCUMENT WILL NOT BE ISSUED. THIS SOLICITATION IS BEING ISSUED USING SIMPLIFIED ACQUISITION PROCEDURES 13.5. This solicitation is a Request for Quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 05-41. The associated North American Industrial Classification System (NAICS) code for this procurement is 334510. This is an RFQ for laboratory equipment. The requirement is a 100% total small business set-aside. Brand name or equal as a result of this combined synopsis/solicitation that will include the terms and conditions that are set in PART 3. PART 2 - SUPPLIES OR SERVICES AND PRICES/COSTS 2. DESCRIPTION OF SUPPLIES & SERVICES The FDA has a requirement for a LITMUS RAPID-B (LRB) A-50 Mini Flow Cytometer and the Associated Methods for Viral Particle Detection in order to extend the detectable range for pathogens in food or other matrices to include detection of many food borne viruses and select agents. The contractor shall install the instrument at the FDA facility. We also require an extended two year warranty. 2.1. Contract Type 2.1.1. Firm-Fixed Price Contract. 2.2. Pricing Terms 2.2.1. "CLIN defined by 0001 etc" means contract line item that corresponds to each task. CLIN Mfr. Part # LITMUS RAPID-B, LLC Quantity Price 0001 9041 A50 MiniFCM (excluding Lasers & Detectors) 1 ea $ 0002 3363 LASER OPTION: Laser Assembly 405nM, 50mW 0 ea $ 0003 3404 Laser Assembly 405nM, 50mW for A50 1 ea $ 0004 3405 Upgrade, A50 Extra Florescence Detector 2 ea $ 0005 3406 Upgrade, LS Detector #2 for A50 with data acq 1 ea $ 0006 3409 Optional Laser Alternative: 488nM, 20mW 0 ea $ 0007 3431 Upgrade, LS Detector #1 for A50 with data acq 1 ea $ 008 4641 Fluid tank, Refillable, for Sheath, Cleaning & Waste Fluids 1 ea $ 009 5214 Upgrade, A50 Extra Florescence Detector with data acq board 1 ea $ 0010 8000 Travel Case for MiniFCM 1 ea $ 0011 V LRB MP Instrument Optimization 1 ea $ 0012 LRB 15 V2.OC Instrument Protocol Software V2.OC for clinical pathogens which includes Mtb as well as TPC assay. 1 ea $ 0013 Shipping Charge, Instrument 1 ea $ 0014 Extended Warranty: Option Year 1 1 ea $ 0015 Extended Warranty: Option Year 2 1 ea $ PART 3 - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT 3. BACKGROUND AND OBJECTIVES 3.1.1. Salient Characteristics of the laboratory equipment: 3.1.1.1 Physical: • Shall be field portable, • Weight: Approximately 66 pounds. • Shall be shock resistant and not to require optical path alignment after being ported to location. Portability to location and operation in industrial rather than laboratory environments are pre-requisites for the application. 3.1.1.2 Functional: • Shall provide sample introduction by syringe. 3.1.1.3 Performance: Features • Sensitivity below 150nm (latex beads) • 20nm resolution (latex beads) • 4 fluorescence colors • 3 light scatter detectors • 3 lasers • High speed (up to 20k events/sec) • Volumetric sample system gives absolute count (avoids troublesome beads) • Built in PC with Windows XP & remote assistance option Applications: • Microbiology • Cell microparticles • Viruses • Nanoparticles Technical Data 3.1.1.4 Installation Requirements: Size W32 x H48 x D48cm or less Weight Approx. 70 pounds Power 100-240VAC, 50/60Hz Cooling No special requirements Operating Environment 5 to 35 degrees Centigrade 3.1.1.5 Optics: Lasers Up to three lasers: 375nm, 405nm, 488nm, 532nm or 635nm Optical Filter Blocks Custom designed Light Scatter Optics Choice of one, two or three detectors Sensitivity: 50-Micro: < 150nm latex spheres Resolution: 20nm latex sphere diameter resolution Fluorescence Optics Up to 4 color simultaneous detection with software compensation Optical Detectors High numerical aperture immersion lens detection optics High performance photomultiplier tubes on all channels 3.1.1.6 Fluidics: Sample Volumetric sample injection Adjustable sample aspiration volume, 100-400µl Selectable, precise sample flow rate from 0.7 to 150ul/min Sheath Choice of Closed loop ultra-pure sheath fluid system or refillable sheath tank with level sensor Sample Range Sample concentrations up to 109 per ml 3.1.1.7 Data Management: Electronics Fast electronics: At least 20,000 events per second or greater. Threshold software selectable on all channels with 'AND' or 'OR' logic Pulse height and pulse area measurements on all channels Event time stamp for each particle 16 bit data acquisition (4.5 logarithmic decades) Internal PC with Windows XP operating system Optional external desktop or laptop PC (LAN connection). 3.1.2 Salient Characteristics of the Computer Software: 3.1.2.1 Histogram resolution software selectable from 32 to 65535 Display modes: linear and/or logarithmic gain selection for each parameter Unlimited number of histograms and cytograms Amorphous regions of interest (gates) Gating using AND, OR and NOT logic RATIO parameter configurable for any 2 detectors User configurable auto-cycle Gain and subtraction settings adjustable during and after acquisition FCS 2.0 compatible files storage, and storage in 11 or 16 bit format Export of statistics from multiple files to Microsoft Excel Export of histogram data in '.csv' format Quick copy to clipboard feature for datagrams. PART 4 - PACKING, MARKING AND SHIPPING 4. All deliverables required under this contract shall be packaged, marked and shipped in accordance with Government specifications. At a minimum, all deliverables shall be marked with the contract number and contractor name. 4.1. The Contractor shall guarantee that all required materials shall be delivered in immediate usable and acceptable condition. PART 5 - INSPECTION AND ACCEPTANCE 5. The Contracting Officer's Technical Representative (COTR) will perform inspection and acceptance of materials and services to be provided. 5.1. For the purpose of this PART, (COTR - to be determined upon contract award) is the authorized representative of the Contracting Officer. 5.2. Inspection and acceptance will be performed at: the locations identified in 6.1.3. Acceptance is communicated in writing unless otherwise indicated in writing by the Contracting Officer or COTR within 30 days of receipt. 5.2.1. System installation by authorized service engineer at FDA site. The installer of the laboratory instrument shall test the equipment to ensure that it is fully functional before FDA accepts the delivery. 5.3. This contract incorporates the following clause, 52.246-2 Inspection of Supplies-Fixed Price (Aug 1996) by reference, with the same force and effect as if it was given in full text. Upon request, the Contracting Officer will make its full text available. PART 6 - DELIVERIES OR PERFORMANCE 6. DELIVERIES 6.1.1. Satisfactory performance of this contract shall be deemed to occur upon performance of the work described in the Statement of Work in PART 3 of this contract and upon delivery and acceptance by the Contracting Officer, or the COTR, of the services, plans and reports required at the dates specified within PART 3 of this contract. 6.1.2. Deliveries required by the contractor shall be made F.O.B. destination to the address/addressee listed below: 6.1.3. DELIVERY POINT: FDA 3900 NCTR Road Jefferson, AR 72079 6.1.4. Unless otherwise specified, deliveries shall be made to the Delivery Point specified above, Monday through Friday (excluding Federal Holidays, see PART 8) between the hours of 8:30 a.m. and 5:30 p.m. CENTRAL TIME only. Supplies or services scheduled for delivery on a Federal holiday shall be made the next business day. PART 7 - CONTRACT ADMINISTRATION DATA 7. CONTRACTING OFFICERS TECHNICAL REPRESENTATIVE (COTR) 7.1. The following COTR will represent the Government for the purpose of this contract: (To Be Determined Upon Contract Award) 7.1.1. The COTR is responsible for: (1) monitoring the Contractor's technical progress, including the surveillance and assessment of performance and recommending to the Contracting Officer changes in requirements; (2) interpreting the Statement of Work and any other technical performance requirements; (3) performing technical evaluation as required; (4) performing technical inspections and acceptances required by this contract; and (5) assisting in the resolution of technical problems encountered during performance. 7.1.2. The Contracting Officer is the only person with authority to act as agent of the Government under this contract. Only the Contracting Officer has authority to: (1) direct or negotiate any changes in the RFQ; (2) modify or extend the period of performance; (3) change the delivery schedule; (4) authorize reimbursement to the Contractor any costs incurred during the performance of this contract; or (5) otherwise change any terms and conditions of this contract. 7.1.3. The contact information for the Contracting Officer is: William Lee 5630 Fishers Lane Rockville, MD 20857 William.Lee@fda.hhs.gov; Tel: (301) 433-5863; Fax: (301) 827-7106 7.2. INVOICE SUBMISSION 7.2.1. Pursuant to the provisions of the following FAR Clauses: 52.232-25 Prompt Payment; 52.232-33, Payment by Electronic Funds Transfer - Central Contractor Registration; the Contractor shall submit invoices for costs incurred and claimed for reimbursement in accordance with the following instructions. 7.2.1.1. In accordance with clause 52.232-33 all payments made under this contract shall be made using electronic funds transfer through the Automated Clearing House (ACH). The Contractor shall provide the following information to the Food and Drug Administration, Office of Financial Management, Systems Accounting Branch, HFA-120, 5600 Fishers Lane, Rockville, MD 20857 no later than 14 days prior to submission of the first invoice: • FDA contract number Name and address of contractor • Invoice date and invoice number • Contract number including task order number and contract line item number • Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed • Shipping and payment terms • Name and address of contractor official to whom payment is to be sent • Taxpayer Identification Number • Electronic Funds Transfer (EFT) banking information (if required in the contract) Routing transit number of the financial institution receiving payment. • Contractor's DUNS number 7.2.1.2. An original shall be submitted via email to the attention of the designated Contract Specialist at the following address: HHS/FDA/OAGS/DAO 5630 Fishers Lane Rockville, MD 20857 Attention: William Lee, Contract Specialist 7.2.2. Final payments will occur upon verification by the FDA Project Officer and the FDA Technical Advisor, noting successful integration and proper functionality of the laboratory equipment. 7.2.3. Payment will be made after acceptance and receipt of a proper invoice, and in accordance with the pricing matrix described in Pricing Terms. 7.2.3.1. Payment will be made on a firm fixed price basis in accordance with the pricing matrix. PART 8 - SPECIAL CONTRACT REQUIREMENTS 8. Government Holidays 8.1.1. Workplace is not available on the Government Holidays stated below, or as prescribed by an Executive Order (EO) or OPM.gov due to inclement weather. January (New Year's Day) January (Martin Luther King Day) February (President's Day) May (Memorial Day) July (Independence Day) September (Labor Day) October (Columbus Day) November (Veterans Day) November (Thanksgiving) December (Christmas Day) PART 9 - CONTRACT CLAUSES 9.1. 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: www.acquisition.gov/far/index.html 52.212-1, Instructions to Offerors-Commercial Items (June 2008) 52.212-4, Contract Terms and Conditions-Commercial Items (Mar 2009) 52.203-5, Covenant Against Contingent Fees (Apr 1984). 52.203-7, Anti-Kickback Procedures (Jul 1995). 52.216-24, Limitation of Government Liability (Apr 1984). 52.233-2, Service of Protest (Sep 2006) 52.247-35, F.O.B. Destination within Consignees Premises (April 1984) 52.211-6, Brand Name or Equal (Aug 1999) 9.2. FAR CLAUSES BY FULL TEXT 52.212-3 Offeror Representations and Certifications-Commercial Items. Offeror Representations and Certifications-Commercial Items (Aug 2009) An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (m) of this provision. (a) Definitions. As used in this provision- "Emerging small business" means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated. "Forced or indentured child labor" means all work or service- (1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or (2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties. "Inverted domestic corporation" means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). "Manufactured end product" means any end product in Federal Supply Classes (FSC) 1000-9999, except- (1) FSC 5510, Lumber and Related Basic Wood Materials; (2) Federal Supply Group (FSG) 87, Agricultural Supplies; (3) FSG 88, Live Animals; (4) FSG 89, Food and Related Consumables; (5) FSC 9410, Crude Grades of Plant Materials; (6) FSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) FSC 9610, Ores; (9) FSC 9620, Minerals, Natural and Synthetic; and (10) FSC 9630, Additive Metal Materials. "Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture. "Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate- (1) Are conducted under contract directly and exclusively with the regional government of southern Sudan; (2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; (3) Consist of providing goods or services to marginalized populations of Sudan; (4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization; (5) Consist of providing goods or services that are used only to promote health or education; or (6) Have been voluntarily suspended. "Service-disabled veteran-owned small business concern"- (1) Means a small business concern- (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16). "Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation. "Veteran-owned small business concern" means a small business concern- (1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans. "Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women. "Women-owned small business concern" means a small business concern- (1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. (b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the Online Representations and Certifications Application (ORCA) website. (2) The offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________. [Offeror to identify the applicable paragraphs at (c) through (n) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.] 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items. Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Apr 2010) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). ___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). __ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). __ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (MAR 2009) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) __ (4) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (Mar 2009) (Pub. L. 111-5). __ (5) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a). __ (6) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (July 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). __ (7) [Reserved] X (8)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644). __ (ii) Alternate I (Oct 1995) of 52.219-6. __ (iii) Alternate II (Mar 2004) of 52.219-6. __ (9)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). __ (ii) Alternate I (Oct 1995) of 52.219-7. __ (iii) Alternate II (Mar 2004) of 52.219-7. __ (10) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)). __ (11)(i) 52.219-9, Small Business Subcontracting Plan (Apr 2008) (15 U.S.C. 637(d)(4)). __ (ii) Alternate I (Oct 2001) of 52.219-9. __ (iii) Alternate II (Oct 2001) of 52.219-9. _X (12) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)). __ (13) 52.219-16, Liquidated Damages-Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). __ (14)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). __ (ii) Alternate I (June 2003) of 52.219-23. __ (15) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Apr 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). __ (16) 52.219-26, Small Disadvantaged Business Participation Program- Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). __ (17) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f). _X (18) 52.219-28, Post Award Small Business Program Representation (Apr 2009) (15 U.S.C. 632(a)(2)). _X (19) 52.222-3, Convict Labor (June 2003) (E.O. 11755). _X (20) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Aug 2009) (E.O. 13126). _X (21) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). _X (22) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). _X (23) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212). _X (24) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793). _X (25) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212). _X (26) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) __ (27)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (28) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). __ (29)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423). __ (ii) Alternate I (Dec 2007) of 52.223-16. _X (30) 52.225-1, Buy American Act-Supplies (Feb 2009) (41 U.S.C. 10a-10d). __ (31)(i) 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act (June 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110-138). __ (ii) Alternate I (Jan 2004) of 52.225-3. __ (iii) Alternate II (Jan 2004) of 52.225-3. __ (32) 52.225-5, Trade Agreements (Aug 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _X (33) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). __ (34) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (35) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). __ (36) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). __ (37) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). X_ (38) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003) (31 U.S.C. 3332). __ (39) 52.232-34, Payment by Electronic Funds Transfer-Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332). __ (40) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332). __ (41) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ (42)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). __ (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] __ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). __ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). _X (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 351, et seq.). __ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.). __ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). __ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (ii) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) [Reserved] (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793). (vii) [Reserved] (viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). (ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). _X Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.). (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.). (xii) 52.222-54, Employment Eligibility Verification (Jan 2009). (xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. 9.3. HHSAR CLAUSES INCORPORATED BY REFERENCE 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: http://www.gpoaccess.gov/cfr/index.html. 352.202-1, Definitions (Jan 2006) 352.215-70, Late proposals and revisions (Jan 2006) 352.223-70, Safety and health (Jan 2006) 352.224-70, Confidentiality of information (Jan 2006) 352.228-7, Insurance--Liability to third persons (Dec 1991) 352.232-9, Withholding of contract payments (Jan 2006) 352.233-70, Litigation and claims (Jan 2006) 352.242-71, Final decisions on audit findings (Apr 1984) 352.249-14, Excusable delays (Jan 2006) 352.270-1, Accessibility of meetings, conferences, and seminars to persons with disabilities (Jan 2001) 352.270-10 Anti-lobbying (Jan 2006) 352.270-11 Privacy Act (Jan 2006) 352.270-13 Tobacco-free facilities (Jan 2006) PART 10 - INSTRUCTIONS TO THE OFFERORS 10. OFFEROR INSTRUCTIONS QUESTIONS DEADLINE: All questions shall be submitted via email William.Lee@fda.hhs.gov before 4:30 pm (1630) EASTERN TIME on 27 June 2010. RFQ Due Date: All quotes and revisions shall be submitted via email William.Lee@fda.hhs.gov before 4:30 PM (1630) Eastern Time on 7 July 2010. 10.1. Quote Format The cover letter shall include price (s); FOB point; a poc (name and telephone number); a statement from the offeror verifying that they are CCR Registered under NAICS code 334510; delivery date (delivery date is of the utmost importance); business size; and payment terms. Offerors shall ensure the RFQ number is visible in the header of the email. FAX QUOTES SHALL NOT BE ACCEPTED. 10.2. Technical Proposal The Offeror shall address these factors in descending order of importance as follows: 10.2.1. Technical Capability 10.2.2. The Offeror shall provide documentation that they are an authorized manufacturer distributer/reseller. 10.2.3. The Offeror shall demonstrate by explanation, technical brochure or any other supporting documentation that the design of the Offerors laboratory equipment addresses the salient characteristics noted in PART 3. 10.2.4. The Offeror shall demonstrate by explanation, technical brochure or any other supporting documentation that the design of the Offerors laboratory software addresses the salient characteristics noted in PART 3. 10.2.5. The Offeror shall demonstrate by explanation, technical brochure or any other supporting documentation that the design of the Offerors detector addresses the salient characteristics noted in PART 3. 10.2.6. The Offeror shall demonstrate by explanation, technical brochure or any other supporting documentation that the design of the Offerors system configuration addresses the salient characteristics noted in PART 3. 10.2.7. The Offeror shall demonstrate by explanation, technical brochure or any other supporting documentation that the design of the Offerors warranty addresses the salient characteristics noted in PART 3. 10.2.8. The Offeror shall demonstrate that they have manufacturer certified technical personnel to install and repair the laboratory equipment so that it does not void the manufacturer's warranty. 10.2.9. The Offeror shall demonstrate that they have manufacturer certified technical personnel to handle and respond to technical questions from FDA via phone, email or internet. 10.2.10. The Offeror shall demonstrate that they have manufacturer certified technical engineers to train/instruct FDA staff on the operational features of the laboratory equipment. 10.2.11. The Offeror shall provide documentation indicating the instrument's sensitivity and detection limits. 10.3. Price Proposal 10.3.1. The Offeror shall submit a complete pricing matrix for a firm fixed price as indicated in PART 2, 2.3. PART 11 - EVALUATION FACTORS FOR AWARD 11. EVALUATION FACTORS The offeror's ability to demonstrate/describe the following factors as noted in PART 10. 11.1. Technical Capability - Sub-factors are of equal weight 11.1.1. The Offeror has documented that they are an authorized manufacturer distributer/reseller. 11.1.2. The Offeror meets the design of the laboratory equipment's salient characteristics noted in PART 3. 11.1.3. The Offeror meets the design of the laboratory equipment software's salient characteristics noted in PART 3. 11.1.4. The Offeror meets the design of the system configuration's salient characteristics noted in PART 3. 11.1.5. The Offeror meets the design of the system calibration's salient characteristics noted in PART 3. 11.1.6. The Offeror has documented indicating the instrument's sensitivity and detection limits. 11.1.7. The Offeror meets the extended warranty requirement in PART 3. 11.1.8. The Offeror possesses the manufacturer certified technical personnel to install and repair the laboratory equipment so that it does not void the manufacturer's warranty. 11.2. Price Proposal 11.2.1. The price proposal shall represent the Offeror's response to the requirements of the solicitation. The Government will evaluate the total price of the base year and option year contract line items, if applicable. In addition, this evaluation will include an assessment of the Offeror's proposal for completeness, realism, reasonableness and risk. 11.2.2. The Offeror ability to submit a complete pricing matrix for a firm fixed-price as indicated in PART 2, 2.3. EVALUATION AWARD CRITERIA: Award will be made to the party whose quote offers the best value to the Government, technical, price, and other factors considered. The Government may award this contract to other than the lowest price technically acceptable quote. The Government will evaluate information based on the following evaluation criteria to meet or exceed the requirements: 1) Technical Capability, 2) Relevant Experience and 3) Price. Technical Capability when combined with Relevant Experience is significantly more important than price.
 

Web Link

FBO.gov Permalink
(https://www.fbo.gov/spg/HHS/FDA/DCASC/FDA-SOL-1071140/listing.html)
 

Place of Performance

Address: FDA, 3900 NCTR Road, Jefferson, Arizona, 72079, United States

Zip Code: 72079
 

Record

SN02185261-W 20100624/100623000051-9fee657bde82c49565aa07d5a5f9afb9 (fbodaily.com)
 

Source

FedBizOpps Link to This Notice
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