Loren Data's SAM Daily™

 fbodaily.com
Home Today's SAM Search Archives Numbered Notes CBD Archives Subscribe
FBO DAILY ISSUE OF NOVEMBER 10, 2010 FBO #3273
SOLICITATION NOTICE

H -- FDA 1081791

Notice Date
11/8/2010
 
Notice Type
Combined Synopsis/Solicitation
 
NAICS
334516 — Analytical Laboratory Instrument Manufacturing
 
Contracting Office
Department of Health and Human Services, Food and Drug Administration, Office of Acquisitions and Grants Services, 5630 Fishers Lane, Room 2129, Rockville, Maryland, 20857-0001
 
ZIP Code
20857-0001
 
Solicitation Number
FDA1081791
 
Archive Date
11/19/2010
 
Point of Contact
Michael A. Byrd, Phone: 3018272051
 
E-Mail Address
Michael.Byrd@fda.hhs.gov
(Michael.Byrd@fda.hhs.gov)
 
Small Business Set-Aside
N/A
 
Description
Subject: Firm Fixed Price Contract Solicitation Number: FDA1081791 PART 1 - DESCRIPTION THIS IS A COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS PREPARED IN ACCORDANCE WITH THE FORMAT IN FAR SUBPART 12.6-STREAMLINED PROCEDURES FOR EVALUATION AND SOLICITATION FOR COMMERCIAL ITEMS-AS SUPPLEMENTED WITH ADDITIONAL INFORMATION INCLUDED IN THIS NOTICE. THIS ANNOUNCEMENT CONSTITUTES THE ONLY SOLICITATION; QUOTATIONS ARE BEING REQUESTED, AND A WRITTEN SOLICITATION DOCUMENT WILL NOT BE ISSUED. THIS SOLICITATION IS BEING ISSUED USING SIMPLIFIED ACQUISITION PROCEDURES FAR PART 13. This is a Request for Quote (RFQ) for a Firm Fixed Price Purchase Order for an FT-NIR Spectrometer. This requirement will be purchased on a BRAND NAME OR EQUAL. This solicitation is a Request for Quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 05-40. The associated North American Industrial Classification System (NAICS) code for this procurement is 334516 and is for Full and Open competition. PART 2 - SERVICES AND PRICES/COSTS 2. DESCRIPTION OF SERVICES 2.1. The FDA has a equipment requirement for one (1) FT-NIR Spectrometer 2.2. Contract Type 2.2.1. Firm-Fixed Price Contract. 2.3 Salient Characteristics: The FDA intends to issue a firm fixed-price purchase order for an FT-NIR Spectrometer, that meets or exceeds the following specifications: Spectrometer 1) MPA FT-NIR Spectrometer MPA Flexible NIR spectrometer for method development and quality control. The spectrometer is equipped with a sample compartment (for vials with a diameter of 8mm) for analysis of samples in transmission (supply of vials with 8mm diameter, 200 pieces, included). Optional extension modules are available for connecting up to 2 fiber optic probes, mounting of an integrating sphere for analysis of solid samples in diffuse reflectance and a measurement unit for analyzing highly scattering solid media in transmission. The extension modules and automation features allow to build up an analyzer, which can be used for almost any spectroscopic NIR measurement? The spectrometer is equipped with a simple to operate, yet powerful software package. For control of the spectrometer optics and signal processing a PC-based data system which might be quoted below is required (we recommend to order the data system with the spectrometer optics in order to make sure that the system performs flawlessly). 2) MPA-F Extension module MPA-F Consisting of: - Fiber optic coupling unit for connection of one fiber optic probe Quick Connect Coupling) Heatable Vial Holder 3) IN601/CU Heatable vial holder for transmission measurements for use inside the sample compartment of the MPA FT-NIR spectrometer. This accessory allows the temperature controlled transmission measurement of samples in vials with a diameter of 8mm. Custom vial or cuvettes require inserts IN601Cxx Temperature range: ambient to 120°C The temperature is selected through the application software OPUS. Installation in lieu of standard unit Surcharge Recommended: IN600-x, External vial heater Probes (Laboratory) 4) IN261-1 NIR probe for solids, probe head length 80mm with Quick Connect (QC), pistol grip model with external trigger and LED indicator. Length of fiber optic cable: 1.3m Temperature range of probe tip: -40°C to 200°C Diameter of probe: 10mm Required for MATRIX-F spectrometer: IN198 Probe holder incl. Spectralon reference Acc. for Laboratory Probes 5) IN266 Attachment for IN261-x for transflectance measurements of liquids. Variable path length (stepwise 1-10mm) Data Systems 6) CS81/26 Data system, "intel" I5 processor, >3GHz, 4GB RAM and 500GB HDU or better, 8xDVD/Lightscribe Drive, 19" TFT display, 2 network interfaces, Windows XP Professional. (only available with order of spectrometer) OPUS Spectroscopy Software 7) O/IR OPUS/IR, FT-IR Spectroscopy Software Package OPUS is an integrated spectroscopy software for laboratory and process Page 2 Quotation no: 1220009674 Item Material/Description Quantity Unit price USD Amount USD control. OPUS is easy to use: - Configurable user interface and access to executable functions - Automatic consistency-test of measurement parameters - Multi Tasking: Measurement and data manipulation/evaluation at the same time - Automated atmospheric correction for water vapor and CO2 in MIR without the need for reference spectra OPUS delivers reliable results in a short time: - Single and repeated measurements, auto sampler support - Many interactive functions for comfortable data processing and evaluation, e.g. - Normalization, calculate derivative and average spectra, spectra subtraction - Spectrum calculator - Curve fit - Peak Pick - Spectra interpretation tool - Quick Compare spectra - Search spectra in a library, create your own libraries - Free starter library - Analyze peak areas and heights, quantitative analysis (Lambert-Beer's Law) - Automated multi step evaluation of spectra (MultiEvaluation) - Predefined print layouts, customizable print layouts - Conversion of files to different file formats (eg JCAMP) - Easy data export to other programs OPUS is validated software and supports the validation of the spectrometer: - Automated OQ and PQ testing - Permanent instrument status indicator, online monitoring of system performance OPUS is compliant to cGMP/GLP: - Multi level user management, log-in with user name and password - Audit trail (history log function) - All data, incl. manipulation and evaluation results, stored in ONE file - Electronic signature of spectra and methods OPUS supports user during daily routine work: - Run, create and edit macros and VB scripts - Automated execution of repeated actions via calendar - Lab journal functionality - Online help - Multimedia FT-IR tutorial This OPUS software package is included in the standard delivery of the spectrometer system. Spectra viewer software is available free of charge. 8) O/ID-N OPUS/IDENT, software for setting up libraries for the identification of substances. Also includes tools for cluster analysis and conformity tests. 9) O/LAB OPUS/LAB, software for data acquisition and automated (N)IR analysis in the The software package controls data acquisition, evaluation and documentation. OPUS/QUANT, OPUS/IDENT and/or OPUS/NEURO are additionally required for quantitative analysis and/or identification. In order to use OPUS/LAB the corresponding version of OPUS/IR is required. 10) O/QU-N OPUS/QUANT, quantitative analysis software using a full spectrum multivariate analysis (PLS) method for setting up models. Provides a wide range of pre-processing and validation options and offers an automatic routine for the optimization of calibration methods. Services with orders 11) S950 Installation on-site Included in the price of the system PART 3 - OPTION YEARS INCLUDE THE FOLLOWING: N/A PART 4 - PACKING, MARKING AND SHIPPING 4.1. All deliverables required under this contract shall be in accordance with FAR Part 52.212-4 (see Part 9). PART 5 - INSPECTION AND ACCEPTANCE 5. The Contracting Officer's Technical Representative (COTR) will perform inspection and acceptance of materials and services to be provided. 5.1. For the purpose of this PART, (COTR - to be determined upon contract award) is the authorized representative of the Contracting Officer. 5.2. Inspection and acceptance will be performed at: the location identified in PART 6. Acceptance is communicated in writing unless otherwise indicated in writing by the Contracting Officer or the COTR within 30 days of receipt. 5.2.1. System installation by authorized service engineer at FDA site (see Part 6.1.3). The installer of the laboratory instrument shall test the equipment to ensure that it is fully functional before FDA accepts the delivery. PART 6 - DELIVERIES OR PERFORMANCE 6. DELIVERIES 6.1.1. Satisfactory performance of this contract is described in PART 5 and upon successful delivery and acceptance by the Contracting Officer, or the COTR. This may include services, plans and reports required at dates specified within PART 5 of this contract. 6.1.2. Deliveries required by the contractor shall be made F.O.B. destination to the address/addressee listed below: 6.1.3. DELIVERY POINT: Food and Drug Administration White Oak Campus 10903 New Hampshire Avenue WO Building 62 Loading Dock Silver Spring, MD 20993 6.1.4. Unless otherwise specified, deliveries shall be made to the Delivery Point specified above, Monday through Friday (excluding Federal Holidays, see PART 8) between the hours of 8:30 a.m. and 5:30 p.m. EASTERN TIME only. Supplies or services scheduled for delivery on a Federal holiday shall be made the next business day. PART 7 - CONTRACT ADMINISTRATION DATA 7. CONTRACTING OFFICERS TECHNICAL REPRESENTATIVE (COTR) 7.1. The following COTR will represent the Government for the purpose of this contract: (To be determined upon contract award) 7.1.1. The COTR is responsible for: (1) monitoring the Contractor's technical progress, including the surveillance and assessment of performance and recommending to the Contracting Officer changes in requirements; (2) interpreting the Statement of Work and any other technical performance requirements; (3) performing technical evaluation as required; (4) performing technical inspections and acceptances required by this contract; and (5) assisting in the resolution of technical problems encountered during performance. 7.1.2. The Contracting Officer is the only person with authority to act as agent of the Government under this contract. Only the Contracting Officer has authority to: (1) direct or negotiate any changes in the RFQ; (2) modify or extend the period of performance; (3) change the delivery schedule; (4) authorize reimbursement to the Contractor any costs incurred during the performance of this contract; or (5) otherwise change any terms and conditions of this contract. 7.1.3. The contact information for the Contracting Officer is: Michael Byrd Contract Specialist 5630 Fishers Lane Rockville, MD 20857 michael.byrd@fda.hhs.gov 7.2. INVOICE SUBMISSION 7.2.1. In accordance with clause 52.232-33 all payments made under this contract shall be made using electronic funds transfer through the Automated Clearing House (ACH). The Contractor shall provide the following information to the Food and Drug Administration no later than 14 days prior to submission of the first invoice: A. The contractor shall submit all invoices to all addresses in the manner specified below: (I) One original to the Contracting Officer: U.S. Food and Drug Administration Office of Acquisitions and Grants Services ATTN: Contract Specialist, Contracting Officer 5630 Fishers Lane Room 2095, HFA-500 Rockville, MD 20857 E-mail: Michael.byrd@fda.hhs.gov Gina.jackson@fda.hhs.gov *** Acceptable methods of delivery include: mail, hand delivery and email*** (II) One copy to the contracting officer technical representative (COTR), clearly marked "Courtesy Copy Only": U.S. Food and Drug Administration ATTN: [INSERT NAME], COTR 10903 NEW HAMPSHIRE AVENUE ROOM XXXX Silver Spring, MD 20993 Email: xxxx.xxxx@fda.hhs.gov *** Acceptable methods of delivery include: mail, hand delivery and email*** B. Invoices submitted under this contract must comply with the requirements set forth in FAR Clauses 52.232-25 (Prompt payment) AND 52.232-33 (Payment by electronic funds transfer - Central Contractor Registration) and/or other applicable FAR clauses specified herein. To constitute a proper invoice, the invoice must be submitted on company letterhead and include each of the following: (I) Name and address of the contractor; (II) Invoice date and invoice number; (III) Purchase order/award number; (IV) Description, quantity, unit of measure, unit price, and extended price supplies delivered or services performed, including: (a) Period of performance for high costs claimed; (b) Itemized travel costs, including origin and destination; (c) Any other supporting information necessary to clarify questionable expenditures; (V) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped to Government bill of lading; (VI) Terms of any discount for prompt payment offered; (VII) Name and address of official to whom payment is to be sent (Must be the same as that in the purchase order/award, or in a proper notice of assignment); (VIII) Name, title, and phone number of the person to notify in the event of a defective invoice; (IX) Taxpayer identification number (TIN); (X) Electronic funds transfer (EFT) banking information, including routing transit number of the financial institution receiving payment and the number of the account into which funds are to be deposited; (XI) Name and telephone number of the FDA Contracting Officer Technical Representative (COTR), as referenced on the purchase order; (XII) Any other information or documentation required by the purchase order/award. (XIII) Contractor is □ is not □ required to attach an invoice log addendum to each invoice which shall include, at a minimum, the following information for contract administration and reconciliation purposes: (a) List of all invoices submitted to date under the subject award, including the following: (1) Invoice number, amount, and date submitted (2) Corresponding payment amount and date received (b) Total amount of all payments received to date under the subject contract or order (c) And, for definitized contracts or orders only, total estimated amounts yet to be invoiced for the current, active period of performance. C. An electronic invoice is acceptable if in Adobe Acrobat (PDF) format. All items listed in (I) through (XII) 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. D. Questions regarding invoice payments should be directed to the FDA Payment Office at: FDA/OC/OA/OFO/OFS ATTN: Division of Payment Services 12345 Parklawn Drive, HFA-720 Rockville, MD 20857 301.827.3742 OR 866.807.3742 fdavendorpaymentsteam@fda.gov 7.2.2. Final payments will occur upon verification by the FDA Project Officer and the FDA Technical Advisor, noting successful integration and proper functionality of the laboratory equipment. 7.2.3. Payment will be made after acceptance and receipt of a proper invoice, and in accordance with the pricing matrix described in Pricing Terms. 7.2.3.1. Payment will be made on a firm fixed-price basis in accordance with the pricing matrix. PART 8 - SPECIAL CONTRACT REQUIREMENTS 8. Government Holidays 8.1.1. Workplace is not available on the Government Holidays stated below, or as prescribed by an Executive Order (EO) or OPM.gov due to inclement weather. January (New Year's Day) January (Martin Luther King Day) February (President's Day) May (Memorial Day) July (Independence Day) September (Labor Day) October (Columbus Day) November (Veterans Day) November (Thanksgiving) December (Christmas Day) PART 9 - CONTRACT CLAUSES 9. FAR CLAUSES INCORPORATED BY REFERENCE 9.1. 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at: www.acquisition.gov/far/index.html 52.212-4 Contract Terms and Conditions-Commercial Items (Jun 2010) 52.203-5, Covenant Against Contingent Fees (Apr 1984). 52.203-7, Anti-Kickback Procedures (Jul 1995). 52.216-24, Limitation of Government Liability (Apr 1984). 52.233-2, Service of Protest (Sep 2006) 52.247-35, F.O.B. Destination within Consignees Premises (April 1984) 9.2. FAR CLAUSES BY FULL TEXT 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items. As prescribed in 12.301(b)(4), insert the following clause: Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Jul 2010) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). ___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). __ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). __ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (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 (Jul 2010) (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 (Jul 2010) (15 U.S.C. 637(d)(4)). __ (ii) Alternate I (Oct 2001) of 52.219-9. __ (iii) Alternate II (Oct 2001) of 52.219-9. _X (12) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)). __ (13) 52.219-16, Liquidated Damages-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. __ (ii) Alternate II (Oct 1998) of 52.219-23. __ (15) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Apr 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). __ (16) 52.219-26, Small Disadvantaged Business Participation Program- Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). __ (17) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f). _X (18) 52.219-28, Post Award Small Business Program Representation (Apr 2009) (15 U.S.C. 632(a)(2)). _X (19) 52.222-3, Convict Labor (June 2003) (E.O. 11755). _X (20) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jul 2010) (E.O. 13126). _X (21) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). _X (22) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). _X (23) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212). _X (24) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793). _X (25) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212). _X (26) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) __ (27)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (28) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). __ (29)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423). __ (ii) Alternate I (Dec 2007) of 52.223-16. _X (30) 52.225-1, Buy American Act-Supplies (Feb 2009) (41 U.S.C. 10a-10d). __ (31)(i) 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act (June 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110-138). __ (ii) Alternate I (Jan 2004) of 52.225-3. __ (iii) Alternate II (Jan 2004) of 52.225-3. __ (32) 52.225-5, Trade Agreements (Aug 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _X (33) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). __ (34) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (35) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). __ (36) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). __ (37) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). _X (38) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003) (31 U.S.C. 3332). __ (39) 52.232-34, Payment by Electronic Funds Transfer-Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332). __ (40) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332). __ (41) 52.239-1, Privacy or Security Safeguards (Jul 2002) (5 U.S.C. 552a). __ (42)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). __ (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] __ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). __ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). _X (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 351, et seq.). __ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.). __ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). __ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (ii) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) [Reserved] (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793). (vii) [Reserved] (viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). (ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). _X Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.). (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.). (xii) 52.222-54, Employment Eligibility Verification (Jan 2009). (xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. 9.3. HHSAR CLAUSES INCORPORATED BY REFERENCE This contract incorporates one or more clauses by reference, 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. 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) 352.242-73, Withholding of contract payments (Jan 2006) 352.233-71, Litigation and claims (Jan 2006) 352.242-74, 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) 352.203-70 Anti-lobbying (Jan 2006) 352.224-70 Privacy Act (Jan 2006) 352.242-71 Tobacco-free facilities (Jan 2006) PART 10 - LIST OF ATTACHMENTS • Reserved PART 11 - INSTRUCTIONS TO THE OFFERORS 11. RESPONSE DATES QUESTIONS DEADLINE: All questions shall be submitted via email michael.byrd@fda.hhs.gov) before 12:00 pm (1200 EASTERN TIME on 12 November 2010. RFQ Due Date: All quotes and revisions shall be submitted via email before 12:00 PM (1200) Eastern Time on 17 November 2010. Offerors shall ensure the RFQ number is visible in the header of the email. FAX QUOTES SHALL NOT BE ACCEPTED. 11.1. 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 334516; delivery date (delivery date is of the utmost importance); business size; and payment terms. 11.2. FAR Provisions Incorporated by Reference 11.2.1. 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: 52.212-1, Instructions to Offerors - Commercial Items (June 2008) 52.211-6, Brand Name or Equal (Aug 1999) 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. 52.212-3, Offeror Representations and Certifications - Commercial Items (Aug 2009) 11.3. Technical Proposal The Offeror shall address these factors as follows: 11.4. Technical Capability - Sub-factors are of equal weight 11.4.1. The Offeror shall provide documentation that they are an authorized manufacturer, distributer or reseller. The Offeror shall demonstrate by explanation, technical brochure or any other supporting documentation that the design of the Offerors FT-NIR Spectrometer MPA, addresses the salient characteristics noted in PART 2.3. 11.4.2. The Offeror shall demonstrate by explanation, technical brochure or any other supporting documentation that the design of the Offerors consumables addresses the salient characteristics noted in PART 2.3. 11.4.3. The Offeror shall demonstrate that they have manufacturer certified technical personnel to install and repair the laboratory equipment so that it does not void the manufacturer's warranty. 11.4.4. The Offeror shall demonstrate that they have manufacturer certified technical personnel to handle and respond to technical questions from FDA via phone, email or internet. 11.4.5. The Offeror shall document that they have the ability to offer option years for service maintenance. 11.4.6. The Offeror shall demonstrate that they have manufacturer certified technical engineers to train/instruct FDA staff on the operational features of the laboratory equipment. 11.5. Price Proposal 11.5.1. The Offeror shall submit a complete pricing matrix for a firm fixed-price as indicated in PART 2. PART 12 - EVALUATION FACTORS FOR AWARD 12. EVALUATION FACTORS The offeror's ability to demonstrate/describe the following factors as noted in PART 11. 12.1. FAR Provisions Incorporated by Reference 12.1.1. 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: 52.217-5, Evaluation of Options (July 1990) 12.2. Technical Capability - Sub-factors are of equal weight 12.2.1. The Offeror meets the requirement that they are an authorized manufacturer distributer/reseller. 12.2.2. The Offeror meets the requirement that they are an authorized manufacturer, distributer or reseller. 12.2.3. The Offeror meets the requirement that the FT-NIR Spectrometer MPA addresses the salient characteristics noted in PART 2.3. 12.2.4. The Offeror meets the requirement of the consumables addressed in the salient characteristics noted in PART 2.-+3. 12.2.5. The Offeror meets the requirement that they possess certified technical personnel to install and repair the laboratory equipment so that it does not void the manufacturer's warranty. 12.2.6. The Offeror meets the requirement that they possess manufacturer certified technical personnel to handle and respond to technical questions from FDA via phone, email or internet. 12.2.7. The Offeror meets the requirement to offer option years for service maintenance. 12.2.8. The Offeror meets the requirement that they possess manufacturer certified technical engineers to train/instruct FDA staff on the operational features of the laboratory equipment. 12.3. Price Proposal 12.3.1. The price proposal shall represent the Offeror's response to the requirements of the solicitation. The Government's evaluation will include an assessment of the Offeror's proposal for completeness and reasonableness. 12.3.2. The Offeror ability to submit a complete pricing matrix for a firm fixed-price as indicated in PART 2. 12.3.3. Award will be made to the party whose quote offers the best value to the Government, technical, price, and other factors considered. The Government may award this contract to other than the lowest price technically acceptable quote. The Government will evaluate information based on the following evaluation criteria to meet or exceed the requirements: 1) Technical Capability and 2) Price. Technical Capability is significantly more important than price. When all other factors are equal, price becomes the determining factor.
 
Web Link
FBO.gov Permalink
(https://www.fbo.gov/spg/HHS/FDA/DCASC/FDA1081791/listing.html)
 
Place of Performance
Address: 10903 New Hampshire Avenue, WO Building 62 Loading Dock, Silver Spring, Maryland, 20993, United States
Zip Code: 20993
 
Record
SN02323934-W 20101110/101108233918-4ea830e10a6a93ff13906c83403d9bfa (fbodaily.com)
 
Source
FedBizOpps Link to This Notice
(may not be valid after Archive Date)
| FSG Index  |  This Issue's Index  |  Today's FBO Daily Index Page |
ECGrid: EDI VAN Interconnect ECGridOS: EDI Web Services Interconnect API Government Data Publications CBDDisk Subscribers
 Privacy Policy  Jenny in Wanderland!  © 1994-2024, Loren Data Corp.