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FBO DAILY ISSUE OF FEBRUARY 17, 2011 FBO #3372
SOLICITATION NOTICE

66 -- BTX-II-X-Ray Diffraction/X-Ray Fluorescence Laboratory Instrument plus Maintenance Service Agreement

Notice Date

2/15/2011
 

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

FDA-SOL-1081825-A
 

Archive Date

3/2/2011
 

Point of Contact

Linda Troutman-Robinson, Phone: 3018277168, Doreen Williams, Phone: 301-827-3366
 

E-Mail Address

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

Small Business Set-Aside

Total Small Business
 

Description

PART 1 - DESCRIPTION THIS IS A COMBINED SYNOPSIS/SOLICITATION FOR COMMERICAL ITEMS PREPARED IN ACCORDANCE WITH THE FORMAT I FART SUBPART 12.6 - STREAMLINED PROCEDURES FOR EVALUATION AND SOLICITATION FOR COMMERICAL ITEMS - AS SUPPLEMENTED WITH ADDITIONAL INFORMATON INCLUDED IN THIS NOTICE. THIS ANNOUNCMENT CONSTITUTES THE ONLY SOLICITATION: QUOTATION ARE BEING REQUESTED, AND A WRITTEN SOLICITATION DOCUMENT WILL NOT BE ISSUED. THIS SOLICITATION IS BEING ISSUED USING SIMPLIFIED ACQUISITION PROCEDURES 13.5. This solicitation is a Request for Quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 05-46. The associated North American Industrial Classification System (NAICS) code for this procurement is 334516. This is a RFQ for laboratory equipment and service maintenance agreements. The requirement is a 100% Total Small Business set-aside. Brand name or equal as a result of this combined synopsis/solicitation that will include the terms and conditions that are set in PART 3. This solicitation will result in a Firm Fixed Price (FFP) contract and will be SUBJECT TO THE AVAILABILITY OF FUNDS- FAR CLAUSE 52.232-18 until further notice. PART 2 - SUPPLIES OR SERVICES AND PRICES/COSTS 2. Description of Supplies & Services 2.1. The FDA has a requirement for three (3) BTX-II: Benchtop X-Ray Diffraction/X-Ray Fluorescence to be used for screening drug products, dietary supplements and Asian patent medicines. 2.2. Contract Type 2.2.1. Firm Fixed Price Contract 2.3. Estimated delivery shall be 120 days from the date of the contract award. CLIN Product Description Model # Quantity Price 1 BTX Benchtop XRD/XRF Instrument 90012 3 $ 2 XPowder Search/Match Phase ID & Quantitative analysis software: 92200 3 $ 3 TERRA/BTX Flight Case: 900111 3 $ 4 Sample crusher: 94009 3 $ 5 Sample Sieve 94002 3 $ 6 Sample spinner 91113 3 $ 7 Sample window kit for PN9113 sample spinner 91114 3 $ 8 Option Year 1- service maintenance agreement (not to be paid up-front) 12 mths after base year 9 Option Year 2 - service maintenance agreement (not to be paid up-front) 12 mths after option year 1 10 Contract Total $ PART 3: DESCRIPTION/SPECIFICATIONS/WORK STATEMENT 3. OBJECTIVES FDA's objective is to obtain instrument used for screening drug products, dietary supplements and Asian patent medicines. The instrumentation will be used to fulfill present and future needs of the agency in regards to rapid surveillance capabilities in the field. The instrument is capable of rapid and non-destructive analyses by performing X-ray diffraction and X-ray fluorescence measurements. The instrument will be used to detected products that bear contamination of toxic elements, determine product uniformity in regard to elements, and identify counterfeited products. Minimum Salient Characteristics 3.1. System Requirements: 3.1.1. The instrument shall meet the following specifications: 3.1.1.1. XRD resolution: 0.25° 2θ FWHM 3.1.1.2. XRD range: 5-55° 2θ 3.1.1.3. Detector type: 1024 x 256 pixels - 2D Peltier-cooled CCD 3.1.1.4. XRF energy resolution: 200 eV at 5.9 keV 3.1.1.5. XRF energy range: 3 to 25 keV 3.1.1.6. Sample grain size: < 150μm crushed minerals - (100 mesh screen, 150 um) 3.1.1.7. Sample quantity: ~ 15mg 3.1.1.8. X-ray target material: Co or Cu (Cu standard) 3.1.1.9. X-ray tube voltage: 30kV 3.1.1.10. X-ray tube power: 20W 3.1.1.11. Data Storage: 40 Gb - internal hard drive 3.1.1.12. Wireless Connectivity: 802.11 b/g for remote control from web browser 3.1.1.13. Operating Temperature: -10°C to 35°C 3.1.1.14. Dimensions: 11.75 X 6.9X 18.5 in (30 x 17 x 47cm) 3.1.1.15. Weight: 12.5 kg 3.1.1.16. XPowder Search/Match Phase ID & Quantitative analysis software 3.1.1.17. Ease of use of software by operator required 3.1.1.18. IUCr/COD/AMCSD database and ICSD/Retrieve 3.1.1.19. Notebook PC to use with instrument, software, and databases 3.1.1.20. Instrument manuals for operation and maintenance 3.1.1.21. Instrument Training including Safety and Instrument Operations (Method Set Up, Operations, Data Acquisition, Data Analysis, Custom Design Report and Report Printing) 3.1.1.22. TERRA/BTX Flight Case 3.1.1.23. Sample crusher 3.1.1.24. Sample Sieve of 125 um with Serial Number and matching Test Sieve Certificate 3.1.1.25. Sample spinner assembly with 100 sample cells 3.1.1.26. Sample window kit for PN9113 sample spinner 3.1.1.27. One year phone & web based support 3.2. Training and Equipment Familiarization: 3.2.1. On-site training at FDA laboratory site for 2.5 days by a qualified engineer or technician. 3.2.2. Training shall include hardware installation, software training, and integration of custom methods specific to the instrument. 3.2.2.1. Training and presentation materials shall be included. 3.3. Installation, Warranty and Technical Support: 3.3.1. Availability of a technical support (knowledge and experience of system hardware, software, user training and immediate assistance) in the Alameda, California, Cincinnati, Ohio and Laurel, MD area. 3.3.2. All manuals and other technical documentation to be included. 3.3.3. All part shall be new and latest available models and types as appropriate. 3.3.4. Multiple Option Years: The instrument shall be sold with an additional warranty (or service contracts) to cover an additional two years beyond the initial first year warranty. 3.3.3.1. The Contractor's service maintenance agreement shall include travel and labor costs. 3.3.3.2. The Contractor's service maintenance agreement shall provide unlimited on-site service visits with a maximum 72-hour on-site response time. 3.3.3.3. One scheduled preventive maintenance (PM) visit per year. This service includes all consumable required during the PM. 3.3.3.4. The Contractor shall document their hours and days of operation for customer, emergency and technical service. Contact information shall be submitted with the offeror's proposal. Preferred service is between the times of 8:00 am to 5:00 pm Eastern Time, Monday through Friday. 3.3.5. This service includes all parts that would be required to repair the system. 3.3.6. Factory certified replacement parts required for on-site services. 3.3.7. Software Updates and Notifications. PART 4 - PACKING, MARKING AND SHIPPING 4. 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, in accordance with FAR 52.212-4, perform inspection and acceptance of instrument 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 6.1.3. 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. Instrument installation by authorized service engineer at FDA site. The installer of the laboratory instrument shall test the equipment to ensure that is fully functional before FDA accepts the delivery. PART 6 - DELIVERIES OR PERFOMANCE 6. DELIVERIES 6.1.1. Satisfactory performance of this contract shall be deemed to occur upon performance of the work described in the Statement of Work in PART 3 of this solicitation and upon delivery and acceptance by the Contracting Officer, or the COTR, of the services, plans and reports required at the dates specified within PARTS 3 of this contract... 6.1.2. Deliveries required by the contractor shall be made F.O.B. destination to the Address/addresses listed below: 6.1.3. DELIVERY POINTS: Food and Drug Administration San Francisco District Laboratory 1431 Harbor Bay Parkway Alameda, CA 94502 Food and Drug Administration Forensic Chemistry Center 6751 Steger Drive Cincinnati, OH 45237 Food and Drug Administration ORA/DFS Chemistry Lab 8301 Muirkirk Road Laurel, MD 20708 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. CENTRAL TIME only. Supplies or services scheduled for delivery on a Federal holiday shall be made the next business day. 6.1.5. The Contractor shall provide the FDA with one (1) week's scheduling notice prior to the setup of the laboratory instrument and component parts. PART 7: CONTRACT ADMINISTRATION 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 Offeror's technical progress, including the surveillance and assessment of performance and recommending to the Contracting Officer changes in requirements; (2) interpreting the Statement of Work and any other technical performance requirements; (3) performing technical evaluation as required; (4) performing technical inspections and acceptances required by this contract; and (5) assisting in the resolution of technical problems encountered during performance. 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 Offeror 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: Doreen Williams Doreen.Williams@fda.hhs.gov 301-827-3366 7.1.4. The contact information for the Contract Specialist: Linda Troutman Linda.T.Robinson@fda.hhs.gov 301-827-7168 7.2. INVOICE SUBMISSION 7.2.1. In accordance with clause 52.232-22 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 Acquisition and Grants Services ATTN: Linda Troutman, Contracting Specialist 5630 Fishers Lane Room 2105, HFA-500 Rockville, MD 20852 Email: Linda.Troutman@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 1431 Harbor Bay Parkway Alameda, CA 94502 Email: XXXXX@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 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 which costs are claimed; (b) Itemized travel costs, including origin and destination; and (c) Any other supporting information necessary to clarify questionable expenditures; (V) Shipping number and date of shipping, including the bill of lading number and weight of shipment if shipped on 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 person to notify in event of 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) or other program center/office point of contact, as referenced on the purchase order; and, (XII) Any other information or documentation required by the purchase order/award. C. An electronic invoice is acceptable if submitted 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/OD/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 7.2.1. Final payments will occur upon verification by FDA COTR and the FDA Technical Advisor, noting successful integration and proper functionality of the laboratory equipment. 7.2.2. Payment will be made after acceptance and receipt of a proper invoice, and in accordance with the pricing matrix described in the Pricing Terms. 7.2.2.1. 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. 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, with the exception to emergencies. 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) 8.2. Observance of such days by Government personnel shall not be cause for an extension to the delivery schedule or period of performance or adjustment to the price, estimated cost or fee(s), if any, except as set forth in the contract. Except for designated around-the- clock or emergency operations, Contractor personnel will not be able to perform on-site under this contract with FDA on holidays noted above. The Contractor shall not charge any holiday as a direct charge to the contract. In the event Contractor personnel work during a holiday observed by the Contractor other than those above, no form of holiday or other premium compensation will be reimbursed as with a direct or indirect cost. However, this does not preclude reimbursement for authorized over-time work. 8.3. In the event the FDA grants administrative leave to its Government employees at the side, on-site Contractor personnel shall also be dismissed it the site is being closed However, the Contractor shall continue to provide sufficient personnel to perform the requirements of critical efforts already in progress or scheduled and shall be guided by the instructions issued by the Contracting Officer or COTR. In each instance when the site is closed to Contractor personnel as a result of inclement weather or other special circumstance, the Contractor will direct its staff as necessary to take actions such as reporting to its own sites(s) or taking appropriate leave consistent with its policies. The costs of salaries and wages to the Contractor for the period of any such site closure shall be a reimbursable item of direct cost under the contract for employees whose regular time is normally a direct charge if they continue to perform on contract work; otherwise, the costs are reimbursable as indirect costs in accordance with the Contractor's established accounting policy. 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 of more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at www.acquistion.gov/far/index.html 52.212-4 Contract Terms and Conditions - Commercial Items (June 2010) 52.203-5 Covenant Against Contingent Fees (Apr 1984) 52-233-2 Service of Protest (Sep 2006) 52.247-35 F.O.B. Destination within Consignee Premises (Apr 1984) 52.217-5 Evaluation of Options (Jul 1990) 52.211-6 Brand Name or Equal (Aug 1999) 9.2. FAR CLAUSES BY FULL TEXT 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (APR 2010). As prescribed in 12.301 9b)(4), insert the following clauses: (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 (MAR 2009) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) __ (4) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (Mar 2009) (Pub. L. 111-5). __ (5) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a). __ (6) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (July 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). __ (7) [Reserved] __ (8)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644). __ (ii) Alternate I (Oct 1995) of 52.219-6. __ (iii) Alternate II (Mar 2004) of 52.219-6. __ (9)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). __ (ii) Alternate I (Oct 1995) of 52.219-7. __ (iii) Alternate II (Mar 2004) of 52.219-7. __ (10) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)). __ (11)(i) 52.219-9, Small Business Subcontracting Plan (Apr 2008) (15 U.S.C. 637(d)(4)). __ (ii) Alternate I (Oct 2001) of 52.219-9. __ (iii) Alternate II (Oct 2001) of 52.219-9. _X (12) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)). __ (13) 52.219-16, Liquidated Damages-Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). __ (14)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). __ (ii) Alternate I (June 2003) of 52.219-23. __ (15) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Apr 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). __ (16) 52.219-26, Small Disadvantaged Business Participation Program- Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). __ (17) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f). __ (18) 52.219-28, Post Award Small Business Program 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 (Aug 2009) (E.O. 13126). _X (21) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). _X (22) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). _X (23) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212). _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). __ (26) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) __ (27)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (28) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). __ (29)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423). __ (ii) Alternate I (Dec 2007) of 52.223-16. _X (30) 52.225-1, Buy American Act - Supplies (Feb 2009) (41 U.S.C. 10a-10d). __ (31)(i) 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act (June 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110-138). __ (ii) Alternate I (Jan 2004) of 52.225-3. __ (iii) Alternate II (Jan 2004) of 52.225-3. __ (32) 52.225-5, Trade Agreements (Aug 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). __ (33) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). __ (34) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (35) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). _ _ (36) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). __ (37) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). _X_ (38) 52.232-33, Payment by Electronic Funds Transfer-Central 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 (Aug 1996) (5 U.S.C. 552a). __ (42)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). __ (ii) Alternate I (Apr 2003) of 52.247-64. (c) The 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.). __ (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)). __ 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. 52.217-8 Option to Extend Services (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Offeror anytime prior to contract expiration. 52.217-9 Option to Extend the Term of the Contract (MAR 2000) (a) The Government may extend the term of this contract by written notice to the Offeror anytime prior to contract expiration. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years and 6 months. 9.3. HHSAR CLAUSES INCORPORATED BY REFERENCE This contract incorporates one or more clauses by reference, noted in Title 48, Federal Acquisition Regulation System, with the same force and effect as if they were given in full test. 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/indec.html. HHSAR Clause Description Date 352.202-1 Definitions (Jan 2006) 352.215-70 Late proposals and revisions (Jan 2006) 352.223-70 Safety and health (Jan 2006) 352.224-70 Confidentiality of information (Jan 2006) 352.228-7 Insurance--Liability to third persons (Dec 1991) 352.232-9 Withholding of contract payments (Jan 2006) 352.233-70 Litigation and claims (Jan 2006) 352.242-71 Final decisions on audit findings (Apr 1984) 352.249-14 Excusable delays (Jan 2006) 352.270-1 Accessibility of meetings, conferences, and seminars to persons with disabilities (Jan 2001) 352.270-10 Anti-lobbying (Jan 2006) 352.270-11 Privacy Act (Jan 2006) 352.270-13 Tobacco-free facilities (Jan 2006) PART 10 - LIST OF ATTACHMENTS • Reserved PART 11 - INSTRUCTIONS TO THE OFFERORS 11. RESPONSE DATES QUESTIONS DEADLINE: All questions shall be submitted via email to Linda.Troutman@fda.hhs.gov before 4:30 p.m., Eastern Standard Time on February 23, 2011. RFQ Due Date: All quotes shall be submitted via email before 4:30 p.m. March 01, 2011. Offerors shall ensure the RFQ number is visible in the subject line 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 of more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at www.acquistion.gov/far/index.html An offeror shall only complete 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 ORA website, the offeror shall complete only paragraphs (c) through (m) of this provision. 52.212-3, Offeror Representations and Certifications - Commercial (Oct 2010) 11.3. Technical Proposal The Offeror shall address the following factors which appear in descending order of importance: 11.4. Technical Capability - Sub-factors are equal of weight 11.4.1. The Offeror shall provide documentation that they are an authorized manufacturer distributor/reseller. 11.4.2. The Offeror shall demonstrate by explanation, technical brochure or any other supporting documentation that the design of the Offereors BTX-II X-ray Diffraction/X-ray Fluorescence instrument address the salient characteristic noted in PART 3. 11.4.3. The Offeror shall demonstrate by explanation, technical brochure or any other supporting documentation that the design of the Offerors system requirements addresses the salient characteristics noted in PART 3. 11.4.4. The Offeror shall demonstrate by explanation, technical brochure or any other supporting documentation that the design of the Offerors software addresses that salient characteristics noted in PART 3. 11.4.5. The Offeror shall demonstrate by explanation, technical brochure or any other supporting documentation that the design of the Offerors training and equipment familiarization addresses the salient characteristic noted in PART 3. 11.4.6. The Offeror shall demonstrate by explanation, technical brochure or any other support documentation that the design of the Offerors installation and warranty addresses the salient characteristics noted in Part 3. 11.4.7. The Offeror shall demonstrate that they have manufacturer technical personnel to install and repair the laboratory equipment so that it does not void the manufacturer's warranty. 11.4.8. 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. 11.4.9. The Offeror shall demonstrate that they have manufacturer certified technical engineers to train/instruct FDA staff on the operational features of the laboratory equipment. 11.4.10. The Offeror shall demonstrate by explanation, technical brochure or any other supporting documentation that the Offerors can provide option years of service maintenance as addressed in the salient characteristics noted in PART 3. 11.5. Past Performance 11.5.1. Past Performance. Instructions - A narrative description the Offeror's overall past performance for the same or similar requirement. Submissions shall not exceed two for experience provided. In addition to the narrative described above, for each contract provide the following information: 11.5.1.1. Name of three (3) references (Federal Government agency, local government, commercial customer); contract number, brief description of work efforts that demonstrate how the reference contract relates to the proposed efforts. 11.5.1.2. Contact information (phone, fax, email). 11.6 Price Proposal 11.6.1. The Offeror shall submit a complete pricing matrix for a firm fixed-price as indicated in PART 2. PART 12 - EVALUATION FACTOR FOR AWARD 12. EVALUATION FACTORS The offeror's ability to demonstrate/describe the following factors as noted in PART 11 are listed in descending order of importance. 12.1 FAR Provision 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 txt 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 distributor/reseller. 12.2.2. The Offereor meets the requirement that the design of the Offeror BTX II-X-ray/ X-ray fluorescence address the salient characteristics noted in PART 3. 12.2.3. The Offeror meets the requirement that the design of the Offerors system addresses the salient characteristics noted in PART 3. 12.2.4. The Offeror meets the requirement that the design of the Offereors software addresses the salient characteristics noted in PART 3. 12.2.5. The Offereor meets the requirement that the design of the Offerors training and equipment familiarization addresses the salient characteristics noted in PART 3. 12.2.6. The Offeror meets the requirement that the design of the Offerors installation and warranty addresses the salient characteristics not in PART 3. 12.2.7. The Offeror meets the requirement that they have manufacturer certified technical personnel to install and repair the laboratory equipment so that it does not void the manufacturer's warranty. 12.2.8. The Offeror possesses certified technical personnel to handle and respond to technical question from FDA via phone, email or internet. 12.2.9. The Offeror possesses manufacturer certified technical engineers to train/instruct FDA staff on the operational features of the laboratory equipment. 12.2.10. The Offeror meets the requirement that the Offeror can provide option years of service maintenance as addressed in the salient characteristics noted in PART 3. 12.3. Past Performance 12.3.1. The Government will evaluate the extent to which the Offeror's past performance demonstrates overall client satisfaction on current and previous contracts. Ratings for this section is Pass, Fail or Neutral (no past performance history). 12.4. Price Proposal 12.4.1. The price proposal shall represent the Offeror's response to the requirements of the solicitation. The Government will evaluate the total price of all contract line items. Award will be made to the party whose quote offers the best value to the Government, 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 2) Past Performance and 3) Price. Technical Capability when combined with Past Performance is significantly more important than price. When all other factor is equal, price become the determining factor. PART 10: REPRESENTATIONS and CERTIFICATIONS An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (m) of this provision." See https://www.acquisition.gov/far/ 52.212-3 Offeror Representations and Certifications-Commercial Items. (Aug 2009) An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (m) of this provision. (a) Definitions. As used in this provision- "Emerging small business" means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated. "Forced or indentured child labor" means all work or service- (1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or (2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties. "Inverted domestic corporation" means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). "Manufactured end product" means any end product in Federal Supply Classes (FSC) 1000-9999, except- (1) FSC 5510, Lumber and Related Basic Wood Materials; (2) Federal Supply Group (FSG) 87, Agricultural Supplies; (3) FSG 88, Live Animals; (4) FSG 89, Food and Related Consumables; (5) FSC 9410, Crude Grades of Plant Materials; (6) FSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) FSC 9610, Ores; (9) FSC 9620, Minerals, Natural and Synthetic; and (10) FSC 9630, Additive Metal Materials. "Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture. "Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate- (1) Are conducted under contract directly and exclusively with the regional government of southern Sudan; (2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; (3) Consist of providing goods or services to marginalized populations of Sudan; (4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization; (5) Consist of providing goods or services that are used only to promote health or education; or (6) Have been voluntarily suspended. "Service-disabled veteran-owned small business concern"- (1) Means a small business concern- (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16). "Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation. "Veteran-owned small business concern" means a small business concern- (1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans. "Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women. "Women-owned small business concern" means a small business concern- (1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. (b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the Online Representations and Certifications Application (ORCA) website. (2) The offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________. [Offeror to identify the applicable paragraphs at (c) through (n) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.]
 

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