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FBO DAILY - FEDBIZOPPS ISSUE OF JULY 13, 2013 FBO #4249
SOLICITATION NOTICE

D -- Brand Name or Equal: FlowJo Flow Cytometric Analysis Licenses

Notice Date

7/11/2013
 

Notice Type

Combined Synopsis/Solicitation
 

NAICS

511210 — Software Publishers
 

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-13-1119913
 

Archive Date

8/2/2013
 

Point of Contact

Jacob A. O'Hatnick, Phone: 3018276758
 

E-Mail Address

jacob.ohatnick@fda.hhs.gov
(jacob.ohatnick@fda.hhs.gov)
 

Small Business Set-Aside

Total Small Business
 

Description

The Food and Drug Administration (FDA) ), Center for Biologics Evaluation and Research, in Bethesda MD has a requirement for 60-66 flow cyometry analysis software licenses for one base year with three option periods. 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. This is a Brand Name or Equal combined synopsis/solicitation, in accordance with FAR 52.211-6. The Brand Name is FlowJo, published by Tree Star, Inc. The solicitation number for this request for quotation (RFQ) is FDA-SOL-13-1119464. This solicitation document and its incorporated provisions are those in effect through the Federal Acquisition Circular (FAC 2005-68) dated June 26, 2013. This acquisition will be processed under Simplified Acquisition Procedures (SAP) and is a Total Small Business Set-Aside. The North American Industry Classification System (NAICS) code for this requirement is 511210; which has a business size standard of $25.0. Questions regarding this solicitation should be submitted to the Contract Specialist via email no later than Sunday, July 14 at 11:59 PM EST. The FDA will answer questions and post a complete list of questions and answers no later than Tuesday, July 16th at 5 PM EST. Final quotes are due to the Contract Specialist no later than Thursday, July 18 at 5 PM EST. This solicitation contains the following additional sections: 1) Description 2) Periods of Performance and Schedule of Pricing 3) Salient Characteristics 4) Contact Information 5) Clauses and Provisions 6) Additional Instructions, Conditions and Notices to Offerors 7) Evaluation Factors DESCRIPTION: Flow cytometry is an essential technological tool used by immunologists and other biological scientists. Data are collected on the Flow cytometer and then analyzed with a software package designed specifically for that purpose. Since 2006, CBER scientists have relied on FlowJo as the software package used for analysis of flow cytometry data, which includes support, training, and upgrades when available. The government seeks licenses for FlowJo on a Brand Name or Equal basis as described below. PERIODS OF PERFORMANCE AND SCHEDULE OF PRICING CLIN 1: Base Period (08/01/2013 - 07/31/2014): 60 FlowJo Licenses CLIN 2: Option Period 1 (08/01/2014 - 07/31/2015): 62 FlowJo Licenses CLIN 3: Option Period 2(08/01/2015 - 07/31/2016): 64 FlowJo Licenses CLIN 4: Option Period 3 (08/01/2016 - 07/31/2017): 66 FlowJo Licenses SALIENT CHARACTERISTICS • Must be fully installed, operational and tested by August 01, 2013. • Provides web-based instructional services, and also provide a web-managed site license for core users. • Compatible with the full range of Flow Cytometry Standard format data files - FCS 1.0 through FCS 3.0. • Compatible with platform-independent data files such as CSV and non-standard FCS data files from cytometry instruments. • Able to cluster data files into groups for collective analysis. • Has group / individual file capabilities, and is able to share analytical attributes across similar data sets. • Has ability to save analytical templates, as well as graphic layouts that are sharable across different / similar data sets. • Includes tools for complex gating strategies, and allow graphical evaluation of gating hierarchy. • Provides a set of tools for generating statistics / graphs / tables / and provide for an interface to a variety of output modes - print, PDF, MS Windows sharing, web pages, movies. • Graphical scaling shall provide for necessary transformations - log, linear, biexponential/hyperlog/logicle - along with scaling capabilities. • Compatible with BD FACSDiva data attributes, as well as FACSDiva automatic compensation values. • Provides for after-acquisition compensation matrix development and editing. • Compensation matrix algorithms shall be similar to BD FACSDiva algorithms. • Shall have ease of use features: Drag / drop file loading; Hierarchical analytical display; Point and click table / report layout editing capabilities; Batch processing; In-plot / icon dropdown menu access for icon attribute selection / modification / editing; Plot overlays; NxN plots; provides for special modules to analyze specialized data sets -- DNA/Cell Cycle, Kinetics, and Proliferation. CONTACT INFORMATION The Contract Specialist is: Jacob O'Hatnick Jacob.ohatnick@fda.hhs.gov 301-827-6758 The Contracting Officer is: Jennifer Fagan Jennifer.faga@fda.hhs.gov 301-443-5861 The Contracting Officer Representative is TBD. CLAUSES AND PROVISIONS The HHSAR provisions and clauses that apply to this acquisition are: 352.202-1 - Definitions (Jan 2006) 352.222-70 - Contractor Cooperation in Equal Employment Opportunity Investigations (Jan 2010) 352.224-70 - Privacy Act (January 2006) 352.227-70 - Publications and Publicity (January 2006) 352.231-71 - Pricing of Adjustments (January 2001) 352.239-70 - Standard for Security Configurations (January 2010) 352.239-72 - Security Requirements for Federal Information Technology Resource (January 2010) 352.239-73 - Electronic Information and Technology Accessibility (January 2010) Pursuant to Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d) as amended by Public Law 105-220 under Title IV (Rehabilitation Act Amendments of 1998), all Electronic and Information Technology (EIT) developed, procured, maintained, and/or used under this contract shall be in compliance with the ‘‘Electronic and Information Technology Accessibility Standards'' set forth by the Architectural and Transportation Barriers Compliance Board (also referred to as the ‘‘Access Board'') in 36 CFR part 1194. The complete text of Section 508 Final Standards can be accessed at http://www.access-board.gov/sec508/standards.htm. The standards applicable to this requirement are: 1194.21 Software application and operation systems 1194.41 Information, documentation, and support Additional FAR clauses and provisions incorporated by reference. FAR 52-212-4 Contract Terms and Conditions- Commercial Item (June 2013) FAR 52.211-6 Brand Name or Equal (Aug 1999) FAR 52.217-5 Evaluation of Options (Jul 1990) FAR 52.217-19 Commercial Computer Software License (Dec 2007) FAR 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) FAR 52.217-9 Option to Extend the Term of the Contract. (a) The Government may extend the term of this contract by written notice to the Contractor at any time; provided that the Government gives the Contractor a preliminary written notice 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 4 years. 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (January 2013) 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)). (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: X___ (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). X___ (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)). X___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009). X___ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Feb 2012) (41 U.S.C. 2313). X___ (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). X___ (18) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). X___ (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755). X___ (27) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Mar 2012) (E.O. 13126). X___ (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). X___ (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). X___ (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212). X___ (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). X___ (32) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212). X___ (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). X___ (37) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423). X___ (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011). X___ (39) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C. 10a-10d). X___ (41) 52.225-5, Trade Agreements (Nov 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). X___ (42) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). X___ (45) 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)). X___ (47) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct. 2003) (31 U.S.C. 3332). X___ (48) 52.232-34, Payment by Electronic Funds Transfer-Other Than Central Contractor Registration (May 1999) (31 U.S.C. 3332). X___ (50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). (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: X___ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). X___ (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.). X___ (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.). (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 (Dec 2010) (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 $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17. (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). (vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (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 (Jul 2012). (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. ADDITIONAL INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS All quotes must be for the item requested either brand name or equal. To be considered for award, offers of "equal" products, including "equal" products of the brand name manufacturer, must meet the salient physical, functional, or performance characteristic specified in this solicitation; clearly identify the item by brand name, if any; and make or model number. The offeror shall submit their quotation in two separate volumes as follows: Volume I - Pricing/Business Quotation Volume II - Technical Quotation Both volumes shall be submitted in PDF format. The technical quotation must exclude any reference to pricing. The Technical Quotation shall not exceed 5 pages. The Offeror shall be signed by an official authorized to bind your company along with a statement that proposed pricing will be valid through September 30, 2013. Depending on the proposed solution the FDA may need to perform testing to ensure its approved for the IT environment operations. As a result the Offeror shall be prepared to provide FDA with a test system within 3 days of offer submission. Offers proposing an ‘Or Equal' offer must submit a table providing a narrative for each salient characteristic describing how they meet that characteristic. The Pricing/Business Quotation shall contain the completed version of the schedule of pricing. Offerors shall proposed pricing for each year's period of performance for software licenses. Offeror must be registered in the System for Award Management at www.sam.gov. 6) EVALUATION FACTORS The award will be made to the lowest price technically acceptable basis - technically acceptable means meeting the salient characteristics in this solicitation. Failure to meet these characteristics will result in a rating of technically unacceptable. (end of solicitation)
 

Web Link

FBO.gov Permalink
(https://www.fbo.gov/spg/HHS/FDA/DCASC/FDA-SOL-13-1119913/listing.html)
 

Place of Performance

Address: FDA/CBER, 8800 Rockville Pike, Building 29, Room 203A, Bethesda, Maryland, 20892, United States

Zip Code: 20892
 

Record

SN03113420-W 20130713/130711234816-74b1760f2d91ebc2c9950f3dd30f4bba (fbodaily.com)
 

Source

FedBizOpps Link to This Notice
(may not be valid after Archive Date)

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