SOLICITATION NOTICE
66 -- Airborne-Particle Spectrometer
- Notice Date
- 3/31/2009
- Notice Type
- Modification/Amendment
- NAICS
- 334516
— Analytical Laboratory Instrument Manufacturing
- Contracting Office
- Department of Health and Human Services, Centers for Disease Control and Prevention, Acquisition and Assistance Field Branch (Morgantown), 1095 Willowdale Road, Morgantown, West Virginia, 26505
- ZIP Code
- 26505
- Solicitation Number
- 000HCCCG-2009-67655
- Archive Date
- 5/29/2009
- Point of Contact
- Rebecca S Mullenax, Phone: 304-285-5880, Kimberly P Groves,, Phone: 304-285-5885
- E-Mail Address
-
rmullenax@cdc.gov, kpg0@cdc.gov
- Small Business Set-Aside
- N/A
- Description
- SOLICIATION NOTICE: The Centers for Disease Control and Prevention, National Institute of Occupational Safety and Health (NIOSH), Health Effects Laboratory Division (HELD), Allergy and Clinical immunology Branch 1095 Willowdale Road, Morgantown, WV 26505has a requirement for an airborne-particle spectrometer. Please include shipping costs. This requirement is solicited as unrestricted. The CDC intends to award a single Firm-Fixed-Price Purchase Order in accordance with FAR Part 13. This product is an optical particle counter capable of measuring high aerosol particle concentrations over the range of particles produced by the NIOSH particle generation system and providing a high resolution of particle size distributions while using low input flow rate. A system for measuring the size and concentration of airborne particles is required that has the following specifications: 1. Must be capable of measuring aerosol particles with diameters of 0.09 to 7.5 micrometer. 2. Must be capable of measuring aerosol particle concentrations of up to 5,000,000,000 particles/cubic foot air. 3. Aerosol flow rate should be up to 95 standard cubic centimeters/minute. 4. Must be capable of resolving particles into 100 particle size channels over the specified size range. 5. Must be capable of collecting and storing data in a digital format that can be read or transferred to a standard Windows-based computer. 6. System should be powered by standard 120 VAC power. The complete solicitation document if applicable will be available for downloading at www.fedbizopps.gov on or about March 31, 2009 and quotes will be due on April 15, 2009. No verbal or written requests for copies will be accepted. It is the responsibility of perspective offerors to stay abreast of additional postings regarding this solicitation at the FedBizOpps internet site. No government-wide notes apply. All vendors must be registered in the Central Contractor Registry (CCR) prior to an award of a Federal contract. The website is: www.ccr.gov. All responsible responsive sources may submit an offer which shall be considered by the agency. Solicitation ~ Non Commercial Supplies < $100,000 (as of March 25, 2008) 52.204-8 -- Annual Representations and Certifications (Jan 2006) (a) (1) The North American Industry classification System (NAICS) code for this acquisition is 33416. (2) The small business size standard 500 employees (3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees. (b) (1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (c) of this provision applies. (2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (c) of this provision instead of completing the corresponding individual representations and certification in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes: [ ] (i) Paragraph (c) applies. [ ] (ii) Paragraph (c) does not apply and the offeror has completed the individual representations and certifications in the solicitation. (c) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically have been entered or updated within 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 the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. 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. FAR Clause Title Date Change 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. (End of Provision) 52.207-4 -- Economic Purchase Quantity - Supplies (Aug. 1987) (a) Offerors are invited to state an opinion on whether the quantity (ies) of supplies on which bids, proposals or quotes are requested in this solicitation is (are) economically advantageous to the Government. _______________________________________________ _______________________________________________ _______________________________________________ _______________________________________________ (b) Each offeror who believes that acquisitions in different quantities would be more advantageous is invited to recommend an economic purchase quantity. If different quantities are recommended, a total and a unit price must be quoted for applicable items. An economic purchase quantity is that quantity at which a significant price break occurs. If there are significant price breaks at different quantity points, this information is desired as well. OFFEROR RECOMMENDATIONS ITEM QUANTITY PRICE QUOTATION TOTAL (c) The information requested in this provision is being solicited to avoid acquisitions in disadvantageous quantities and to assist the Government in developing a data base for future acquisitions of these items. However, the Government reserves the right to amend or cancel the solicitation and resolicit with respect to any individual item in the event quotations received and the Government's requirements indicate that different quantities should be acquired. (End of Provision) 52.213-4 -- Terms and Conditions -- Simplified Acquisitions (Other Than Commercial Items) (Dec 2007) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference: (1) The clauses listed below implement provisions of law or Executive order: (i) 52.222-3, Convict Labor (June 2003) (E.O. 11755). (ii) 52.222-21, Prohibition of Segregated Facilities (Feb 1999) (E.O. 11246). (iii) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (iv) 52.222-50, Combating Trafficking in Persons (Aug 2007) (22 U.S.C. 7104(g)). (v) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2006) (E.o.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). (vi) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553). (vii) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78). (2) Listed below are additional clauses that apply: (i) 52.232-1, Payments (Apr 1984). (ii) 52.232-8, Discounts for Prompt Payment (Feb 2002). (iii) 52.232-11, Extras (Apr 1984). (iv) 52.232-25, Prompt Payment (Oct 2003). (v) 52.233-1, Disputes (July 2002). (vi) 52.244-6, Subcontracts for Commercial Items (Mar 2007). (vii) 52.253-1, Computer Generated Forms (Jan 1991). (b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply: (1) The clauses listed below implement provisions of law or Executive order: (i) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2006) (E.O. 13126). (Applies to contracts for supplies exceeding the micro-purchase threshold.) (ii) 52.222-20, Walsh-Healey Public Contracts Act (DEC 1996) (41 U.S.C. 35-45) (Applies to supply contracts over $10,000 in the United States, Puerto Rico, or the U.S. Virgin Islands). (iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006) (38 U.S.C. 4212) (Applies to contracts of $100,000 or more). (iv) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793) (Applies to contracts over $10,000, unless the work is to be performed outside the United States by employees recruited outside the United States.) (For purposes of this clause, United States includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.) (v) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006) (38 U.S.C. 4212) (Applies to contracts of $100,000 or more). (vi) 52.222-41, Service Contract Act of 1965, (Nov 2007) (41 U.S.C. 351, et seq.) (vii) 52.223-5, Pollution Prevention and Right-to-Know Information (Aug 2003) (E.O. 13148) (Applies to services performed on Federal facilities). (viii) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b) (Unless exempt pursuant to 23.204, applies to contracts when energy-consuming products listed in the ENERGY STAR® Program or Federal Energy Management Program (FEMP) will be- (A) Delivered; (B) Acquired by the Contractor for use in performing services at a Federally-controlled facility; (C) Furnished by the Contractor for use by the Government; or (D) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance.) (ix) 52.225-1, Buy American Act-Supplies (June 2003) (41 U.S.C. 10a-10d) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use within the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold and the acquisition-- (A) Is set aside for small business concerns; or (B) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $25,000.) (x) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003). (Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the Central Contractor Registration (CCR) database as its source of EFT information.) (xi) 52.232-34, Payment by Electronic Funds Transfer-Other than Central Contractor Registration (May 1999). (Applies when the payment will be made by EFT and the payment office does not use the CCR database as its source of EFT information.) (xii) 52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. App. 1241). (Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d).) (2) Listed below are additional clauses that may apply: (i) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Sep 2006) (Applies to contracts over $30,000). (ii) 52.211-17, Delivery of Excess Quantities (Sep 1989) (Applies to fixed-price supplies). (iii) 52.247-29, F.o.b. Origin (Feb 2006) (Applies to supplies if delivery is f.o.b. origin). (iv) 52.247-34, F.o.b. Destination (Nov 1991) (Applies to supplies if delivery is f.o.b. destination). (c) FAR 52.252-2, Clauses Incorporated by Reference (Feb 1998). This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address (es): FAR: http://farsite.hill.af.mil/vffara.htm http://www.arnet.gov/far/ HHSAR: http://farsite.hill.af.mil/vfhhsara.htm (d) Inspection/Acceptance. The Contractor shall tender for acceptance only those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The Government must exercise its post acceptance rights -- (1) Within a reasonable period of time after the defect was discovered or should have been discovered; and (2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. (e) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. (f) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges that the Contractor can demonstrate to the satisfaction of the Government, using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided. (g) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience. (h) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. (End of Clause) 52.225-2 -- Buy American Act Certificate (June 2003) ~ Applies to Supply Purchase Orders < $25,000 (a) The offeror certifies that each end product, except those listed in paragraph (b) of this provision, is a domestic end product and that the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products. The terms "component," "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American Act-Supplies." (b) Foreign End Products: Line Item No.: Country of Origin: [List as necessary] (c) The Government will evaluate offers in accordance with the policies and procedures of Part 25 of the Federal Acquisition Regulation. (End of Provision) 52.225-18 - Place of Manufacture (Sep 2006) (a) Definitions. As used in this clause- "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. (b) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly- (1) [ ] In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) [ ] Outside the United States. (End of provision) Online Representations and Certification Application (ORCA) (Dec 2005) All potential Contractors are required to complete electronic annual representations and certifications at http://orca.bpn.gov in conjunction with registration in the Central Contractor Registration (CCR) database per FAR 4.1102 and FAR 4.1201. Certifications in ORCA are required prior to the submission of contract proposals. (a) Contractors shall update the representations and certifications submitted to ORCA as necessary, but at least annually, to ensure they are kept current, accurate, and complete. All Contractors with current contracts shall notify the Contracting Officer in writing when changes are made to ORCA. The representations and certifications are effective until one year from date of submission or update to ORCA. (End of provision) Basis of Award - Single Award Subject to the provisions contained herein, award will be made to the single responsive, responsible bidder offering the lowest price. (End of provision) Certification (May 1998) TO BE COMPLETED BY THE OFFEROR: (The Offeror must check or complete all appropriate boxes or blanks in the Representations and Certifications contained herein). The Representations and Certifications must be executed below, by an individual authorized to bind the offeror. The offeror makes the forgoing Representations and Certifications as a part of its proposal. ____________________________________________ ___________________________ (Name of offeror) (Solicitation Number) ____________________________________________ ___________________________ (Signature of Authorized Individual) (Date) _____________________________________________________________________________________ (Typed Name of Authorized Individual) Note: The penalty for making false statements in offerors is prescribed in 18 U.S.C. 1001. (End of provision) Contracting Officer (a) The Contracting Officer is the only individual who can legally commit the Government to the expenditure of public funds. No person other than the Contracting Officer can make any changes to the terms, conditions, general provisions, or other stipulations of this contract. (b) No information, other than that which may be contained in an authorized modification to this contract, duly issued by the Contracting Officer, which may be received from any person employed by the United States Government, or otherwise, shall be considered grounds for deviation from any stipulation of this contract. (End of Clause) FAR Clause Description Application 52.204-7 Central Contractor Registration (July 2006) 52.211-5 Material Requirements (Aug 2000) 52.211-6 Brand Name or Equal (Aug 1999) Applies to all purchase orders that specify a brand name 52.213-2 Invoices (Apr 1984) Applies to purchase orders for subscriptions, etc 52.219-14 Limitations on Subcontracting (Dec 1996) Applies to purchase orders that are set aside for 8(a) 52.219-28 Post-Award Small Business Program Representation (June 2007) 52.223-6 Drug-Free Workplace (May 2001) 52.225-3 Buy American Act -- Free Trade Agreements--Israeli Trade Act (Aug 2007) Applies to supply purchase orders over $25,000 52.225-3 Alternate 1 Applies to supply purchase orders over $25,000< $50,000 52.225-3 Alternate II Applies to supply purchase orders over $50,000 < $64,786 52.227-1 Authorization and Consent (Dec 2007) 52.242-15 Stop-Work Order (Aug. 1989) 52.242-17 Government Delay of Work (Apr 1984) 52.243-1 Changes -- Fixed Price (Aug 1987) 52.246-1 Contractor Inspection Requirements (Apr 1984) 52.246-2 Inspection of Supplies -- Fixed-Price (Aug. 1996) 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form) (Apr 1984) 52.249-8 Default (Fixed-Price Supply and Service) (Apr 1984) HHSARClause Description Application 352.270-6 Publications and Publicity Clause Description Applicable when checked 52.219-3 Notice of Total HUBZone Set-Aside (Jan 1999) 0 52.219-6 Notice of Total Small Business Set-Aside (June 2003) 0 52.219-20 Notice of Emerging Small Business Set-Aside (Jan 1991) 0 52.219-27 Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) 0 Special Circumstance ~ Hazardous Materials ~Include when required Clause Description Applicable when checked 52.223-3 Hazardous Material Identification and Material Safety Data (Jan 1997) 0 52.223-3 Alternate 1 (Jul 1995) 0 52.223-7 Notice of Radioactive Materials (Jan 1997) 0 352.223-70 Safety and Health (January 2006) 0
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