Loren Data's SAM Daily™

FBO DAILY ISSUE OF AUGUST 08, 2010 FBO #3179
SOLICITATION NOTICE

65 -- Laser Capture Microdissection System and Serivce Maintenance

Notice Date

8/6/2010
 

Notice Type

Combined Synopsis/Solicitation
 

NAICS

334510 — Electromedical and Electrotherapeutic Apparatus 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-107752
 

Archive Date

9/7/2010
 

Point of Contact

Linda Troutman-Robinson, Phone: 3018277168, Doreen Williams, Phone: 3018273366
 

E-Mail Address

linda.t.robinson@fda.hhs.gov, doreen.williams@fda.hhs.gov
(linda.t.robinson@fda.hhs.gov, doreen.williams@fda.hhs.gov)
 

Small Business Set-Aside

N/A
 

Description

PART 1: Description This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only full and open competition solicitation; proposals are being requested and a written solicitation will not be issued. Simplified acquisition procedures and the resultant purchase order will include all applicable provisions and clauses in effect through the Federal Acquisition Circular 05-43. Solicitation number FDA-1077552 is issued as a Request for Quotation (RFQ). This synopsis, NAICS code 334510, size standard 500, is to notify offerors that the government intends to issue a Firm Fixed Price Purchase Order in accordance with FAR Part 13.106 for the following statement of work, under the simplified acquisition procedures. Any firm that believes it is capable of providing the required service as stated herein may submit a capability statement to document its ability to provide the required services. A determination to compete this procurement based on a response to this notice is solely within the discretion of the Government. The Government reserves the right to award a contract without discussions if the Contracting Officer determines that the initial offer(s) is/are providing the Best Value and discussions are not necessary. PART 2: Supplies or Services and Price/Costs The government anticipates a firm fixed price contract for a Laser Capture Microdissection (LCM) and 4 years of service maintenance agreements. 2.1 Period of Performance: Base year and 4 option years. 2.2 Pricing: CLIN Item Description POP Price 0001 Laser Capture Microdissection System, Training and Standard Service Maintenance 60 days ARO $ 0002 Option Year 1- service maintenance agreement 12 months after base year 0003 Option Year 2- service maintenance agreement 12 months after option year 1 0004 Option Year 3- service maintenance agreement 12 months after option year 2 0005 Option Year 4- service maintenance agreement 12 months after option year 3 Contract Total $ PART 3: REQUIREMENTS 3.1 Introduction FDA requires a Laser Capture Microdissection System with a subsequent maintenance service agreement. 3.2 Background The Division of Applied Pharmacology Research in the Center for Drug Evaluation and Research (CDER) conducts research on regulatory issues surrounding drug safety that includes improved models and biomarkers of drug-induced tissue injury. 3.3 Scope The Laser Capture Microdissection System is needed to collect specific cell populations from tissue sections for downstream genomic or proteomic analysis for use in molecular characterization of injury models or mechanism of action. The instrumentation needed for this purpose is a research grade microscope coupled to a high precision laser for dissecting tissue and a system for sample collection that is contact-free to prevent contamination from surrounding cells. 3.4 Technical Requirements 3.4.1 New instrument. The instrument shall be a newly manufactured unit, not used and refurbished, or previously used for demonstration. The life cycle for this instrument is intended to be >10 years at full performance. CDER shall be able to reasonably expect service and technical support from the vendor during its life cycle. 3.4.2 Warranty and Preventative Maintenance. Entire system shall be warranted for parts and labor for 12 months from date of acceptance, including two preventative maintenance (PM) visits. The vendor shall also provide pricing for an optional extended warranty/maintenance agreement for additional years. However, this information shall not obligate CDER to purchase the extended warranty/maintenance agreement. The specific requirements for this optional service contract are: 3.4.2.1 Service contract coverage shall include trouble-shooting capabilities based on complete knowledge of the entire instrument, immediate access to certified replacement parts, and immediate access to improvements and new procedures provided by the original vendor and manufacturer. 3.4.2.2 Service shall be provided by service engineers who are trained and certified by the original manufacturer. Engineers shall have access to the manufacturer's latest technical developments, repair procedures, application updates, diagnostic software, and planned maintenance procedures. 3.4.2.3 The contract shall enable the Project Officer to have access to the manufacturer's call center for technical assistance, which is staffed by senior engineers to provide a high level of expertise for troubleshooting the instrument. 3.4.2.4 The vendor shall be able to guarantee that a service engineer will be able to work on site within two business days of receiving a call from DAPR. 3.4.2.5 The vendor shall provide all travel, labor and parts at no additional charge. There shall be two scheduled maintenance visits over the term of the contract. 3.4.3 Installation. The vendor shall demonstrate upon installation that the item meets all performance specifications. The instrument shall not be accepted until those performance specifications have been met. Sufficient training shall be provided during the installation such that DAPR operators may independently operate the instrument and increase familiarity and proficiency. 3.4.4 Training. The system shall include additional on-site multi-day training for up to four operators after the instrument has been accepted and CDER operators have become familiar with the system. 3.5 Functional Specifications: The Laser Capture Microdissection System shall meet the following specifications: 3.5.1 A pulsed solid state UV cutting laser mounted on a research-grade fully-automated inverted microscope. 3.5.2 A precision motorized stage with a reproducibility of 1 micron or less. 3.5.3 Stage holder for up to 3 microscope slides. 3.5.4 A non-contact, contamination-free system for sample capture such as a laser catapulting mechanism or gravity collection. 3.5.5 Able to perform cell retrieval from frozen sections and paraffin sections. 3.5.6 Capable of cutting and extracting specimens from specimens from standard, charged, or membrane mounted slides. 3.5.7 Includes objectives lenses for 5x, 10x, 20x, 40x, and 60x magnification. 3.5.8 Configurable to use a full range of objectives from 5x to 150x 3.5.9 Automated sample collector that holds tubes for multiples samples. 3.5.10 Fluorescence illumination unit coupled to the microscope and focused through the objective. 3.5.11 Turret and fluorescence filters for red, green, blue, and UV. 3.5.12 Software capable of supporting real time visualization of the laser position and automated sample processing, preloaded into a workstation with monitor. 3.5.13 Consist of a modular design that facilitates future upgrades 3.5.14 Include a 3-chip CCD color video camera. 3.5.15 Include a high resolution digital camera for fluorescence visualization. 3.5.16 Include delivery and installation of the LCM system. 3.5.17 Include training with the LCM system. 3.6 Place of performance The Center for Drug and Evaluation Research Division of Applied Pharmacology Research White Oak Campus, Building 64 10903 New Hampshire Avenue Silver Spring, MD 20993 3.7 Period of Performance Delivery shall be 60 days after receipt of award for the Laser Microdissection System. The period of performance for service maintenance agreement will be 09/15/2010-09/14/2014, which will include repairs, and Preventative Maintenance visits shall not be scheduled during Federal Holidays or Federal Closures as determined by Executive Orders or opm.gov. Federal holidays are as follows: New Year's Day Birthday of Martin Luther King, Jr. Washington's Birthday Memorial Day Independence Day Labor Day Columbus Day Veteran's Day Thanksgiving Day Christmas Day PART 4: DELIVERABLES 4.1 The offeror shall deliver the instrument within 60 days after receipt of award (ARO) PART 5: CONTRACT ADMINISTRATION CONTRACTING OFFICERS TECHNICAL REPRESENTATIVE (COTR) 5.1. The following COTR will represent the Government for the purpose of this contract: (To be determined upon contract award) 5.1.1. The COTR is responsible for: (1) monitoring the Offeror'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. 5.1.2. 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 Offeror any costs incurred during the performance of this contract; or (5) otherwise change any terms and conditions of this contract. 5.1.3. The contact information for the Contracting Officer: Doreen Williams Doreen.Williams@fda.hhs.gov 301-827-3366 5.1.4 The contact information for the Contract Specialist: Linda Troutman Linda.T.Robinson@fda.hhs.gov 301-827-7168 PART 6: INVOICING INSTRUCTIONS 6.1. HHSAR CLAUSES INCORPORATED BY REFERENCE This contract incorporates one or more clauses by reference, noted in Title 48, Federal Acquisition Regulations System, 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. HHSAR Clause Description Date 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) 6.2 INVOICING INSTRUCTIONS The Offeror shall submit invoices to the Contract Specialist and the Project Officer concurrently, via email. To constitute a proper invoice, the invoice must be submitted on company letterhead and include: 1. Name and address of the Offeror 2. Invoice date and invoice number 3. Purchase order number 4. Description, Quantity, Unit of Measure, Unit Price, and Extended Price of supplies delivered 5. Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading 6. Terms of any discount for prompt payment offered 7. Name and address of official to whom payment is to be sent (Must be the same as that in the purchase order or in a proper notice of assignment) 8. Name, title, and phone number of person to notify in event of defective invoice 9. Taxpayer identification number 10. Electronic Funds Transfer (EFT) banking information 11. Name and telephone number of the FDA COR referenced on the purchase order 12. Any other information or documentation required by the purchase order An electronic invoice is acceptable if submitted in adobe acrobat (PDF) format. All items listed in 1-12 of this clause must be included in the electronic invoice. Electronic invoices must be on company letterhead and must contain no ink changes and be legible for printing. PART 7: PROVISIONS AND CLAUSES 52.217-8 Option to Extend Services (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Offeror anytime prior to contract expiration. 52.217-9 Option to Extend the Term of the Contract (MAR 2000) (a) The Government may extend the term of this contract by written notice to the Offeror anytime prior to contract expiration. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years and 6 months. 52.252-2 Clauses Incorporated by Reference This contract incorporates one of 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.arnet.gov 52.212-4 Contract Terms and Conditions - Commercial Items (MAR 2009) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (APR 2010) a) The Offeror 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 Offeror 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: x_ (1) 52.203-6, Restrictions on Subofferor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). _x (2) 52.203-13, Offeror Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). _x (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. __ (12) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)). __ (13) 52.219-16, Liquidated Damages-Subcontracting 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). __ (18) 52.219-28, Post Award Small Business Program Rerepresentation (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). __ (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). __ (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 Offeror Registration (Oct 2003) (31 U.S.C. 3332). __ (39) 52.232-34, Payment by Electronic Funds Transfer-Other than Central Offeror 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 Offeror 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: __ (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.). __ (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 Offeror 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 Offeror's directly pertinent records involving transactions related to this contract. (2) The Offeror 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, Offeror 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 Offeror to create or maintain any record that the Offeror 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 Offeror 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, Offeror 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 subofferor 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)). ___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 offeror may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. PART 8: INSTRUCTIONS TO OFFERORS 8.1 FAR provisions Incorporated by Reference This contract incorporates one or more 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. Also, the full text of a clause may be accessed electronically at: www.acquisition.gov/far/index.html: FAR Clause Description Date 52.212-1 Instructions to Offerors - (July 2010) Commercial Items All questions shall be submitted to Linda Troutman via email at Linda.T.Robinson@fda.hhs.gov. Questions are due no later than July 20, 2010, 3:00PM Eastern Time. All quotes shall be submitted to Linda Troutman via email at Linda.T.Robinson@fda.hhs.gov. Quotes are due no later than July 29, 2010, 3:00PM Eastern Time. Offerors shall ensure the RFQ number is visible in the header of the email. Faxed quotes shall not be accepted. 8.2 Quote Format The cover letter shall include; 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. 8.3 Factor 1: Technical Capability: All sub-factors are equal in weight. The offeror shall demonstrate they can provide all of the items listed under the Functional Specifications in Part 3, 3.5. 8.3.1 The offeror shall demonstrate that they can provide a laser capture microdissection system. 8.3.2 The offeror shall demonstrate they can deliver the instrument within 60 days ARO. 8.3.3 The offeror shall demonstrate they can provide four option years of service agreements. 8.4 Factor 2: Past Performance: The offeror shall demonstrate that they have provided the same or similar experience, in up to three occasions to a Federal, State, or local government agency or other companies within the last 3 years. 8.5 Price Proposal The Offeror shall submit a complete pricing matrix for a firm fixed-price as indicated in PART 3, 3.5. PART 9: EVALUATION FACTORS Award will be made to the party whose quote offers the best value to the Government. The Government may award this contract to other than the lowest price technically acceptable quote. Technical Capability and Past Performance combined are significantly more important than price. When all other factors are equal, price becomes the determining factor The offeror's ability to demonstrate the following factors as noted in PART 8. 9.1. FAR Provisions Incorporated by Reference This contract incorporates one or more 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. Also, the full text of a clause may be accessed electronically at: www.acquisition.gov/far/index.html: FAR Clause Description Date 52.217-5 Evaluation of Options (JUL 1990) 9.2 Technical Capability: All sub-factors are equal in weight. The offeror meets the Functional Specifications in Part 3, 3.5. 9.2.1 The offeror meets the capability to provide a high performance dual pressure linear ion trap mass spectrometer. 9.2.2 The offeror meets the capability to deliver the instrument within 60 days ARO. 9.2.3 The offeror meets the capability to provide four option years of service agreements. 9.3 Past Performance: The offeror's ability to provide the same or similar experience to the government or other companies within the last 3 years. 9.4 Price Proposal The price proposal shall represent the Offeror's response to the requirements of the solicitation. The Government will evaluate the total price of all base year contract line items. In addition, this evaluation will include an assessment of the Offeror's proposal for completeness, realism, reasonableness and risk. 9.4.1. The Offeror ability to submit a complete pricing matrix for a firm fixed-price as indicated in PART 3, 3.5. PART 10: REPRESENTATIONS and CERTIFICATIONS 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." See https://www.acquisition.gov/far/ 52.212-3 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.]
 

Web Link

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Place of Performance

Address: Food and Drug Administration, 10903 New Hamsphire Avenue, Building 64, Silver Spring, Maryland, 20993, United States

Zip Code: 20993
 

Record

SN02232034-W 20100808/100806235502-bf75574c7e415022001636544dcb77a4 (fbodaily.com)
 

Source

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