PRESOL | 65 | Intent to solicit, negotiate, and award a sole source Blanket Purchase Agreement (BPA) to Genomic Health Inc for Oncotype Dx Colon and Breast Cancer Testing.

FBO DAILY ISSUE OF FEBRUARY 26, 2012 FBO #3746
SOLICITATION NOTICE

65 -- Intent to solicit, negotiate, and award a sole source Blanket Purchase Agreement (BPA) to Genomic Health Inc for Oncotype Dx Colon and Breast Cancer Testing.

Notice Date: 2/24/2012
Notice Type: Combined Synopsis/Solicitation
NAICS: 621511 — Medical Laboratories
Contracting Office: Medcom Contracting Center North Atlantic, ATTN: MCAA NA Bldg T20, 6900 Georgia Avenue NW, Washington, DC 20307-5000
ZIP Code: 20307-5000
Solicitation Number: W91YTZ-12-T-0059
Response Due: 3/23/2012
Archive Date: 5/22/2012
Point of Contact: mary.a.martin, 910-643-1978
E-Mail Address: Medcom Contracting Center North Atlantic
(mary.a.martin@us.army.mil)
Small Business Set-Aside: N/A
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 solicitation; proposals are being requested and a written solicitation will not be issued. The North Atlantic Regional Contracting office, Womack Army Medical Center (WAMC), Fort Bragg, NC 28310, intends to solicit, negotiate, and award a sole source Blanket Purchase Agreement (BPA) to Genomic Health Inc for Oncotype Dx Colon and Breast Cancer Testing. 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 solicitation; and a written solicitation will not be issued and is expected to result in the award of a blanket purchase agreement (BPA). The resulting award will be made on DD Form 1155, Order for Supplies or Services. The proposed contract action is for supplies or services for which the Government intends to solicit and negotiate with only one source under the authority of FAR 6.302. Interested persons may identify their interest and capability to respond to the requirement or submit proposals. This notice of intent is not a request for competitive proposals. However, all proposals received after the date of publication of this synopsis will be considered by the Government. A determination by the Government not to compete with this proposed contract based upon responses to this notice is solely within the discretion of the Government. Information received will normally be considered solely for the purpose of determining whether to conduct a competitive procurement. All responses must be received by 23 March, 2012, 1:00 PM EST. This is solicitation number W91YTZ-12-T-0059. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-55. The Standard Industrial Classification Code is 6515, size standard is $13.5 and the NAICS code of 621511. Womack Army Medical Center Fort Bragg North Carolina 28310 has a requirement for providing the Armed Services a nonpersonal services BPA to provide clinical reference laboratory services for the purpose of providing prognostic and predictive treatments for specific cancers thru Oncotype DX Breast and Oncotype DX Colin testing. Testing must be performed on formaldehyde/formalin and/or wax embedded tissues. Must measure 21 gene expression to include, ER, PR and HER2 gene expression, for prognostic and predictive value in FFPE blocks or sections by qRT-PCR and microarray technology as outlined in the Statement of Work. This requirement is for the time period of 16 March 2012 through 30 September 2015. Clauses and provisions throughout this solicitation can be viewed by accessing website www.farsight.hill.af.mil and https://acquisiiton.gov/far. Delivery: of Kits to be 3-5 business days from time of order. Each kit results, mailed in by WAMC Pathology Lab Technicians, shall be available 7 to 10 days from date that laboratory processing begins. Shipping shall be FOB destination to Dept of Pathology, Womack Army Medical Center, Fort Bragg, NC 28310. FAR provision 52.212-1 [Instructions to Offerors Commercial] applies to this acquisition to include the following addenda: All offerors are cautioned that if selected for award, they must be registered with the Central Contractor Registration (CCR) program. The CCR can be accessed via the internet at www.ccr.gov/. Confirmation of CCR registration will be validated prior to awarding a contract. Time period of 26 March 2012 through 30 September 2015 ONCOTYPE DX, BREAST Quantity 21 est. Kits, Unit Price $__________________ ONCOTYPE DX, COLON Quantity 21 est. Kits, Unit Price $__________________ ONCOTYPE DX, BREAST KIT or ONCOTYPE DX, COLON KIT. Orders will be called in as needed. The Contractor shall furnish specimen transportation kit boxes, requisition forms and pathology guidelines for preparation of samples. Kit boxes arrive within 3 to 5 business days. Once the formalin-fixed, paraffin-embedded tumor tissue has been received by the contractor, 90% of results are to be available within 7 to 10 days from the date laboratory processing begins. Colon testing: laboratory can accept tumor blocks and unstained slides, blocks are preferred due to the frequent requirement for manual microdissection of the specimen consistent with clinical trial experience. All specimens are to analyzed in the United States.. PERFORMANCE STATEMENT OF WORK 1. GENERAL. This is a nonpersonal services contract to provide clinical reference laboratory services for the purpose of providing prognostic and predictive treatments for specific cancers thru Oncotype DX Breast and Oncotype DX Colin testing. Testing must be performed on formaldehyde/formalin and/or wax embedded tissues. Must measure 21 gene expression to include, ER, PR and HER2 gene expression, for prognostic and predictive value in FFPE blocks or sections by qRT-PCR and microarray technology. The Government will not exercise any supervision or control over the Contractor employees performing services herein. Such employees shall be accountable solely to the Contractor who, in turn, is responsible to the Government. 1.1. SCOPE. The contractor shall provide clinical reference laboratory services to Department Of Pathology, Womack Army Medical Center (WAMC). The Contractor shall provide all required facilities, personnel, services, transportation, materials, equipment, and supplies required. Clinical reference laboratory services will support WAMC patient population. Use of this contract will be limited to WAMC patient populations identified by DEERS. No other federal agencies will be considered at this time. 1.1.1. All tests shall be executed at the contractor's premises, or within the Contractor's network of laboratories (affiliate or qualified subcontractor). Contractor referrals to a secondary (subcontractor) laboratory shall be kept to a minimum for control and uniformity purposes. 1.2. CONTRACTOR RESPONSIBILITY. 1.2.1. The Contractor shall ensure all employees under this contract who will be interacting with government personnel (i.e., contractor representative, customer service personnel, data entry/specimen processing technician, and courier) are able to read, write, and speak English fluently, with sufficient clarity, to effectively communicate. 1.2.2. The Contractor shall ensure each laboratory possesses all legally-required license(s), certification(s), and accreditation(s) in accordance with Federal statutes and implementing regulations as well as those of the State in which the laboratory is located. The Contractor shall ensure any subcontractors performing services hereunder shall meet the same requirements as the prime contractor. Proof of the above required certification(s), accreditation(s), license(s), etc., shall be provided, as requested. 1.2.3. The Contractor shall ensure its employees have the ability to perform the applicable duties consistent with their license and certification. The Contractor shall ensure all laboratory testing staff comply with minimum Federal, State, and local law qualifications/requirements. The Contractor shall ensure all employees comply with applicable State regulations regarding their certification or registry, or license for the State in which the Contractor's testing facility is located. 1.2.4. The contractor shall ensure all testing and supervisory personnel at all contractor-owned, affiliate, or subcontracted laboratories assigned to work under this contract meet and maintain the applicable personnel qualifications set forth under the Clinical Laboratory Improvement Amendments (CLIA) of 1988 regulations, the College of American Pathology (CAP) accreditation standards, or other accrediting organizations and State standards as they apply to specific test requests. 1.2.5. The Contractor shall submit a copy of the professional certification and/or licensure of the corporate Laboratory Director and/or Medical Director to the COR within 10 working days after contract award. The Contractor shall also submit copies of all certifications/licenses for the Technical Supervisors of the Primary Contractor's laboratory. 1.3. PERFORMANCE QUALITY. 1.3.1. CONTRACTOR QUALITY CONTROL (QC) PROGRAM. The Contractor shall provide a copy of its existing Quality Control System. Any changes made after award of contract shall be submitted to the Local COR at Womack Army Medical Center, Department of Pathology, Fort Bragg, NC 28310 and to the Contracting Officer for Government's review and approval prior to implementation. 1.3.1.1. The Contractor shall maintain QC System records that are complete and reliable in accordance with CLIA and other applicable regulatory guidelines. 1.3.1.2. The Contractor shall have a reliable point of contact that will have contact with at COR WAMC and the Contractor to discuss any issues. 1.3.1.3. The Contractor shall perform external proficiency testing surveys as required by CLIA for all regulated analytes. The Contractor shall provide the COR a listing of external proficiency surveys that the laboratory participates in accordance with CLIA. Survey results and statistical reviews for specific laboratory specialties shall be provided to COR or designee upon request. 1.3.1.4. The Contractor shall operate a quality control program as required by CLIA and/or CAP. Current CLIA requirements are located at the Health Care Financing Administration's website: http://www.phppo.cdc.gov/CLIA. Upon request of the COR Contractor shall provide documentation of quality assurance policies, quality control results for assays, on-going calculations of quality control performance (coefficient of variation, mean and standard deviation), monthly Levy-Jennings graphs, documentation of appropriate analyzer maintenance as applicable. Upon request, the Contractor shall provide verification results for assays of non-regulated analytes, and analytes for which proficiency testing does not currently exist. 1.3.1.5. The Contractor shall ensure that Subcontracted laboratories comply with and meet all accreditations/certifications as the prime contractor. 1.3.2. Government Performance Requirements Summary (PRS). The Government will monitor the Contractor's performance under this contract, in part using internal methods of surveillance and by selected inspections or audits of the Contractor's own written instructions and procedures. 1.3.3 The Contractor shall notify the Contracting Officer immediately, in writing, upon its loss of any required certification, accreditation, or licensure. 1.4. SAFETY REQUIREMENTS. The Contractor shall: 1.4.1. Maintain safety and health standards consistent with the requirements set forth by the Occupational, Health, and Safety Administration (OSHA), and the Center for Disease Control (CDC) and Prevention. 1.5. SECURITY REQUIREMENTS. 1.5.1. Physical Security. 1.5.1.1. Contractor is off-site and not associated or co-located with government facilities or personnel. No contractor employee are expected or required to make trips/visits to government facilities as part of the work requirement. 1.5.1.2. The Contractor shall remove from duty any contractor employee found to be incapacitated or under the influence of alcohol or drugs, or other incapacitating agents and shall not return such an employee to duty until such employee is fully able to perform the normally assigned duties. Removal of employee(s) for such causes does not relieve the Contractor of the requirement to provide sufficient personnel to adequately perform services specified under this contract. 1.5.2. Information Security. No contractor computer system will be linked to government systems for the purpose of this contract or transfer of information or test results. 1.5.2.1. Neither the Contractor, nor any of its employees, shall disclose or cause to be disseminated any information concerning military activity operations. 1.5.2.2. Neither the Contractor, nor any of its employees, shall disclose private medical information concerning patients to third parties other than those personnel designated by the Government at each Submitting Activity to receive patient results. Results shall be handled as private medical records in accordance with Privacy Act Requirements for Medical Records Systems. Privacy and HIPPA protected information will be managed in accordance with federal and state regulatory guidance. 1.5.2.3. All inquiries, comments or complaints pertaining to patient information or government information, arising from any matter observed, experienced, or discovered as a result of, or in connection with, the performance of this contract shall be directed to the COR for resolution. Provide your Company's Dunn and Bradstreet number (DUNS); CAGE code; tax ID number; number of days to deliver after receipt of telephonic request from the WAMC Lab Technician along with your Published Price list, by item number, for evaluation purposes. Responses are to be emailed to Mary Martin mary.a.martin@us.army.mil no later than 1:00 PM EST 23 March, 2012. The following provisions in their latest editions apply to this solicitation. FAR Clauses and provisions can be viewed at http://www.farsite.hil.af.mil and https://www.acquisition.gov Vendors shall include a completed copy of FAR provision 52.212-3 Offeror Representations and Certifications with their offer. Offerors shall include a confirmation of receipt of any amendments to this solicitation. Failure to submit a confirmation could result in the offer being determined non- responsive. Clause 52-212-4 Contract Terms and Conditions-Commercial items, applies to this acquisition to include any applicable addenda. 52.212-4 - CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (FEB 2012) Addendum to 52.212-4 (u) The non-FAR Part 12 discretionary FAR, DFAR, AFARS, and LOCAL clauses included herein are incorporated into this contract either by reference or in full text. If incorporated by reference, see clause 52.252-2 for locations where full text can be found. 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) 52.204-10 Reporting executive compensation and first-tier subcontract awards (JUL 2010) 52.209-6 Protecting The Governments Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment (DEC 2010) 52.219-16 Liquidated damages-Subcontracting Plan (Jan 1999) 52.222-3 Convict Labor (JUN 2003) 52.222-19 Child Labor-Cooperation with Authorities and Remedies (JUL 2010) 52.222-21 Prohibition of Segregated Facilities (FEB 1999) 52.222-26 Equal Opportunity (MAR 2007) (EEO) 52.222-36 Affirmative Action for Workers with Disabilities (OCT 2010) 52.222-43 Fair Labor Standards Act and Service Contract Act - Price Adjustment (SEP 2009) 52.222-50 Combating Trafficking In Persons (FEB 2009) 52.223-18 Encouraging Contractor policies to ban text messaging while driving (AUG 2011) 52.225-13 Restrictions on certain foreign purchases (JUN 2008) 52.232-36 Payment by Third Party (Feb 2010) 52.233-3 Protest After Award (AUG 1996) 52.233-4, Applicable law for breach of contract claim (OCT 2004) 252.203-7000 Requirements Relating to Compensation of Former DOD Officials (SEP 2011) 252.203-7002 Requirement to Inform Employees of Whistleblower Rights (JAN 2009) 252.204-7000 Disclosure of Information (Dec 1991) 252.204-7003 Control of Government Personnel work Product (APR 1992) 252.225-7002 Qualifying country sources as Subcontractors (APR 2003) 252.225-7036 Buy American Act- Free Trade Agreements- Balance of Payment Program (Oct 2011) 252.232-7010 Levies on Contract payments (DEC 2006) 252.243-7001 Pricing of Contract Modifications (DEC 1991) 252.243-7002 Request for Equitable Adjustments (MAR 1998) CLAUSES INCORPORATED IN FULL TEXT 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 Contractor 30 days prior to contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend 60 days before the contract expires. The preliminary notice does not commit the Government to an extension. (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 54 months. (End of clause) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (a) During the term of this contract, the Contractor shall post an employee notice, of such size and in such form, and containing such content as prescribed by the Secretary of Labor, in conspicuous places in and about its plants and offices where employees covered by the National Labor Relations Act engage in activities relating to the performance of the contract, including all places where notices to employees are customarily posted both physically and electronically, in the languages employees speak, in accordance with 29 CFR 471.2(d) and (f). (1) Physical posting of the employee notice shall be in conspicuous places in and about the Contractor's plants and offices so that the notice is prominent and readily seen by employees who are covered by the National Labor Relations Act and engage in activities related to the performance of the contract. (2) If the Contractor customarily posts notices to employees electronically, then the Contractor shall also post the required notice electronically by displaying prominently, on any Web site that is maintained by the Contractor and is customarily used for notices to employees about terms and conditions of employment, a link to the Department of Labor's Web site that contains the full text of the poster. The link to the Department's Web site, as referenced in (b)(3) of this section, must read, ``Important Notice about Employee Rights to Organize and Bargain Collectively with Their Employers.'' (b) This required employee notice, printed by the Department of Labor, may be-- (1) Obtained from the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S. Department of Labor, 200 Constitution Avenue, NW., Room N-5609, Washington, DC 20210, (202) 693-0123, or from any field office of the Office of Labor-Management Standards or Office of Federal Contract Compliance Programs; (2) Provided by the Federal contracting agency if requested; (3) Downloaded from the Office of Labor-Management Standards Web site at http://www.dol.gov/olms/regs/compliance/EO13496.htm; or (4) Reproduced and used as exact duplicate copies of the Department of Labor's official poster. (c) The required text of the employee notice referred to in this clause is located at Appendix A, Subpart A, 29 CFR Part 471. (d) The Contractor shall comply with all provisions of the employee notice and related rules, regulations, and orders of the Secretary of Labor. (e) In the event that the Contractor does not comply with the requirements set forth in paragraphs (a) through (d) of this clause, this contract may be terminated or suspended in whole or in part, and the Contractor may be suspended or debarred in accordance with 29 CFR 471.14 and subpart 9.4. Such other sanctions or remedies may be imposed as are provided by 29 CFR part 471, which implements Executive Order 13496 or as otherwise provided by law. (f) Subcontracts. (1) The Contractor shall include the substance of this clause, including this paragraph (f), in every subcontract that exceeds $10,000 and will be performed wholly or partially in the United States, unless exempted by the rules, regulations, or orders of the Secretary of Labor issued pursuant to section 3 of Executive Order 13496 of January 30, 2009, so that such provisions will be binding upon each subcontractor. (2) The Contractor shall not procure supplies or services in a way designed to avoid the applicability of Executive Order 13496 or this clause. (3) The Contractor shall take such action with respect to any such subcontract as may be directed by the Secretary of Labor as a means of enforcing such provisions, including the imposition of sanctions for noncompliance. (4) However, if the Contractor becomes involved in litigation with a subcontractor, or is threatened with such involvement, as a result of such direction, the Contractor may request the United States, through the Secretary of Labor, to enter into such litigation to protect the interests of the United States. (End of clause) 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): www.acquisition.gov/far www.farsite.hill.af.mil (End of clause) 52.252-6 Authorized Deviations in Clauses (APR 1984) (a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause. (b) The use in this solicitation or contract of any DoD FAR Supplement (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. (End of clause) 252.204-7008 EXPORT-CONTROLLED ITEMS (APR 2010) (a) Definition. Export-controlled items, as used in this clause, means items subject to the Export Administration Regulations (EAR) (15 CFR parts 730-774) or the International Traffic in Arms Regulations (ITAR) (22 CFR parts 120-130). The term includes: (1) Defense items, defined in the Arms Export Control Act, 22 U.S.C. 2778(j)(4)(A), as defense articles, defense services, and related technical data, and further defined in the ITAR, 22 CFR part 120. (2) Items, defined in the EAR as ``commodities, software, and technology,'' terms that are also defined in the EAR, 15 CFR 772.1. (b) The Contractor shall comply with all applicable laws and regulations regarding export-controlled items, including, but not limited to, the requirement for Contractors to register with the Department of State in accordance with the ITAR. The Contractor shall consult with the Department of State regarding any questions relating to compliance with the ITAR and shall consult with the Department of Commerce regarding any questions relating to compliance with the EAR. (c) The Contractor's responsibility to comply with all applicable laws and regulations regarding export-controlled items exists independent of, and is not established or limited by, the information provided by this clause. (d) Nothing in the terms of this contract adds to, changes, supersedes, or waives any of the requirements of applicable Federal laws, Executive orders, and regulations, including but not limited to-- (1) The Export Administration Act of 1979, as amended (50 U.S.C. App. 2401, et seq.); (2) The Arms Export Control Act (22 U.S.C. 2751, et seq.); (3) The International Emergency Economic Powers Act (50 U.S.C. 1701, et seq.); (4) The Export Administration Regulations (15 CFR parts 730-774); (5) The International Traffic in Arms Regulations (22 CFR parts 120-130); and (6) Executive Order 13222, as extended. (e) The Contractor shall include the substance of this clause, including this paragraph (e), in all subcontracts. (End of clause) 252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (JUN 2010) (DEVIATION) (a) In addition to the clauses listed in paragraph (b) of the Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items clause of this contract (FAR 52.212-5) (JUL 2010) (DEVIATION), the Contractor shall include the terms of the following clause, if applicable, in subcontracts for commercial items or commercial components, awarded at any tier under this contract: 252.237-7019Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092 of Pub. L. 108-375). 252.247-7003Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (JUL 2009) (Section 884 of Public Law 110-417) 252.247-7023Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631) 252.247-7024Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631) (End of clause) Invoicing: The contract will be invoiced and paid using Government Purchase Card (GPC). Instructions for invoice submission will be incorporated into the contract. The Clause at 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Nov 2011) (Deviation) applies to this acquisition FAR 52.212-1, Instructions to Offeror-Commercial Items (JUNE 2008) applies. ADDENDUM TO 52.212-1 Para (b) Submission of Offers: The following supplements this paragraph with respect to the information and documents required for submission in response to this solicitation. (1)ELECTRONIC OFFERS. Offerors may submit electronic offers in response to this solicitation. The offer must arrive by the time specified in the solicitation to the following email address: mary.a.martin@us.army.mil (2) The Government will not be responsible for any failure of transmission or receipt of the offer, or any failure of the offeror to verify receipt of the emailed offer. (3) The Government intends to award a firm-fixed price contract. Offerors must quote a firm-fixed price for each Contract Line Item. (4)Any questions with respect to the solicitation shall be submitted in writing to Ms Martin at mary.a.martin@us.army.mil by 11:00 a.m. EST 19 March 2012. Telephone calls will not be accepted nor responded to. Responses will be emailed to all interested offerors. (5)The technical information required for evaluation purposes, shall not exceed 10 pages. (6)PROCESS FOR AWARD. Award will be made on a lowest price, technically acceptable basis. Discussions may be conducted whenever the Contracting Officer deems it appropriate. The contract will be awarded strictly in accordance with the criteria and process established in FAR 12. (7) Please completer 52.212-3 ALT I "Offeror Representations and Certifications - Commercial Items". (8)SUBMISSION OF OFFERS. Please note that your offer must include all of the following information. Submit proposal in three separate parts as follows: PART I:TECHNICAL INFORMATION. The information provided by the offeror will be a significant factor in the Government's determination of technical acceptability. (Refer to Addendum 52.212-2). Technical capability to include product literature, catalog price lists if available; warranty, guarantee, technical specs, and delivery information; PART II: PAST PERFORMANCE. Offeror is required to submit information, on a single page, identifying federal, state and local government and private contracts performed within the past three years, which are similar in scope and complexity to the effort described in this solicitation. If none, offeror should so state and provide information on references. Information provided by the contractor shall state include the following: Name, telephone and fax numbers of a point of contact in the administering contracting office, the award/contract number, the term of the contract (1 year, 2 years etc), and the total quantity furnished annually. PART III: PRICE. If the prices are the same for each contract period, provide one schedule and state that the schedule applies to all contract periods. The information provided in this schedule will be used to assist in the price analysis described in EVALUATION OF THE PROPOSED PRICES, in ADDENDUM TO FAR 52.212-2, EVALUATION - COMMERCIAL ITEMS. (9)Representations and Certifications found at FAR 52.212-3 ALT I and DFAR 252.212-7000 MUST be completed and submitted with the offer. Para (g) Contract award. This is amended to state that the Government may conduct discussions prior to contract award. Para (j) Data Universal Numbering System (DUNS) / CAGE Code. The offeror shall obtain these said Codes and submit them to Contracting Center. Registration in the Central Contractor Registration (CCR), if you are a US firm. Award cannot and shall not be made to an offeror without these codes. Para (n) Bid Preparation Costs. This solicitation does not commit the Government to pay any costs incurred in the submission of an offer, in making any necessary studies for the preparation thereof, or for any visit(s) the Contracting Officer may request for the purpose of clarification of the offer. The Government may reject a proposal if it is found that any information that has a negative impact on the offeror's past performance record has been deleted, misrepresented, or withheld. PROCESS FOR AWARD. Award will be made to the offeror who is most advantageous to the Government, using technical, price and past performance as evaluation factors. The Contracting Officer intends to award without discussions but reserves the right to do so at his or her sole discretion This contract will be awarded strictly in accordance with the criteria and process established in 10 USC Section 1091(c) (1) (B) and (c), and the implementing provisions of DFAR 237.104(b)(ii). BASIS FOR AWARD. Award will be made on an all or none basis LPTA which shall be consistent with the evaluation criteria stated in FAR 52-212-2 and the Addendum to FAR 52.212-2. (m) The non-FAR Part 12 discretionary FAR, DFARS, AFARS, and LOCAL provisions included herein are incorporated into this solicitation either by reference or in full text. If incorporated by reference, see provision 52.252-1 herein for locationswhere full text can be found. (End of Addendum to 52.212-1) CLAUSES INCORPORATED BY REFERENCE FAR 52.225-25 Prohibition on Engaging in Sanctioned Activities Relating to Iran-Certification (NOV 2011) CLAUSES INCORPORATED IN FULL TEXT FAR 52.216-1 TYPE OF CONTRACT (APR 1984) The Government contemplates award of a Firm Fixed Price contract resulting from this solicitation 52.233-2 SERVICE OF PROTEST (SEP 2006) (a)Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Cheryl Ricker WAMC Stop A 4-2817 Reilly Road Fort Bragg, NC 28310 (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. (End of provision) 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998) for all referenced clauses/provisions, see web site http://www.farite.hill.af.mil or https://www.acquisition.gov FAR 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984) (a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of"(DEVIATION)" after the date of the provision. The use in this solicitation of any DOD FAR Supplement (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. DFAR 252.212-7000 OFFEROR REPRESENTATIONS AND CERTIFICATIONS- COMMERCIAL ITEMS. (JUN 2005) (a) Definitions. As used in this clause- (1) Foreign person means any person other than a United States person as defined in Section 16(2) of the Export Administration Act of 1979 (50 U.S.C. App. Sec. 2415). (2) United States means the 50 States, the District of Columbia, outlying areas, and the outer Continental Shelf as defined in 43 U.S.C. 1331. (3) United States person is defined in Section 16(2) of the Export Administration Act of 1979 and means any United States resident or national (other than an individual resident outside the United States and employed by other than a United States person), any domestic concern (including any permanent domestic establishment of any foreign concern), and any foreign subsidiary or affiliate (including any permanent foreign establishment) of any domestic concern which is controlled in fact by such domestic concern, as determined under regulations of the President. (b) Certification. By submitting this offer, the Offeror, if a foreign person, company or entity, certifies that it - (1) Does not comply with the Secondary Arab Boycott of Israel; and (2) Is not taking or knowingly agreeing to take any action, with respect to the Secondary Boycott of Israel by Arab countries, which 50 U.S.C. App. Sec. 2407(a) prohibits a United States person from taking. (c) Representation of Extent of Transportation by Sea. (This representation does not apply to solicitations for the direct purchase of ocean transportation services). (1) The Offeror shall indicate by checking the appropriate blank in paragraph (c)(2) of this provision whether transportation of supplies by sea is anticipated under the resultant contract. The term "supplies" is defined in the Transportation of Supplies by Sea clause of this solicitation. (2) Representation. The Offeror represents that it- ___Does anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation. ___Does not anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation. (3) Any contract resulting from this solicitation will include the Transportation of Supplies by Sea Clause. If the Offeror represents that it will not use ocean transportation, the resulting contract will also include the Defense Federal Acquisition Regulation Supplement clause at 252.247-7024, Notification of Transportation of Supplies by Sea. (End of provision) FAR 52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999) (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: The award decision will be based on the Lowest Priced, Technically Acceptable offer. Technical more important than price, when combined are more important than past performance. (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of provision) ADDENDUM TO 52.212-2 Paragraph (a) is hereby supplemented with the following: (a). The Government reserves the right to award to other than the low offeror for better technical capability and/or better performance records. (b). The total evaluated price must be reasonable, and any additional expense must be justified by a corresponding value for technical merit, or an expectation of greater quality of performance. (c). Contractors may not qualify if any of the following are not met: 1. Proposal does not reasonably address the requirements in the request for proposal (RFP). 2.Proposal includes major deficiencies or omissions which discussions could not be expected to cure without a major revision or a new proposal. 3.Proposal is so technically inferior or so out of line in price as compared to other proposals as to preclude it from having a reasonable chance for award. 4. An unrealistically low price, may indicate lack of sound management judgment and lack of understanding of the requirement for the geographic area of service, or unbalanced pricing of line items, as proposed initially or subsequently, may be grounds for eliminating a proposal either on the basis that the offeror does not understand the requirement or has made an imprudent offer. 5. The Government reserves the right to conduct discussions, if necessary. 6. Evaluation Criteria. The following are the evaluation criteria for each factor: a.Technical and past performance, when combined, are more important than price. b.Technical Factor is more important than Past Performance. PART I TECHINICAL: Technical capability to include product literature, catalog price lists if available; warranty, guarantee, technical specs, and delivery information. Technical will be evaluated as either Acceptable or Unacceptable, with Technical rated significantly greater than Price. Definitions are as follows: ACCEPTABLE: To be rated acceptable, the offeror's technical proposal must demonstrate it can meet all requirements. UNACCEPTABLE: A technical proposal that fails to demonstrate it can meet one or more requirements will be determined unacceptable. Part II: Past Performance Offeror is required to submit information, on a single page, identifying federal, state and local Government and private contracts performed within the past three years, which are similar in scope and complexity to the effort described in this solicitation. If none, offeror should so state and provide information on references. Information provided by the Contractor shall state: The type of service provided with information to verify references: Names; telephone numbers; Points of Contact; amount of contract; and email addresses. Past performance shall be used as an evaluation factor within the LPTA process, unless waived by the PCO in accordance with FAR 15.101- 2(b). It shall be evaluated in accordance with FAR 15.305 and DFARS 215.305. However, the comparative assessment in FAR 15.305(a)(2)(i) does not apply. Therefore, past performance will be rated on an "acceptable" or "unacceptable" basis using the ratings below. Acceptable: Based on the offeror's performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror's performance record is unknown. (See note below.) Unacceptable: Based on the offeror's performance record, the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort. Note: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a)(2)(iv)). Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, "unknown" shall be considered "acceptable." A.2.1.2.1 Aspects of Past Performance. PART III: PRICE: Price will be evaluated separately from Technical and will be evaluated for fairness and reasonability. Offeror shall provide their published price list with their offer. (End of provision) 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (DEB 2012) ALTERNATE I (APR 2011) Vendors shall include a completed copy of FAR provision 52.212-3 Offeror Representations and Certifications with their offer. Offerors shall include a confirmation of receipt of any amendments to this solicitation. Failure to submit a confirmation could result in the offer being determined non- responsive.
Web Link: FBO.gov Permalink
(https://www.fbo.gov/spg/USA/MEDCOM/DADA15/W91YTZ-12-T-0059/listing.html)
Place of Performance: Address: Medcom Contracting Center North Atlantic ATTN: Pathology Bldg 4-2817 Reilly Road Fort Bragg NC; Zip Code: 28310-7301
Record: SN02682711-W 20120226/120224235103-050969fd6c6b3d5662a2ed4e050a7b18 (fbodaily.com)
Source: FedBizOpps Link to This Notice
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65 -- Intent to solicit, negotiate, and award a sole source Blanket Purchase Agreement (BPA) to Genomic Health Inc for Oncotype Dx Colon and Breast Cancer Testing.