SOLICITATION NOTICE
66 -- Flow Cytometer Unit and Preventative Maintenance Agreement - Solicitation - Statement of Work
- Notice Date
- 1/14/2014
- 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
- 14-223-SOL-00010
- Archive Date
- 2/19/2014
- Point of Contact
- Joy Garnett, Phone: 3018270469
- E-Mail Address
-
joy.garnett@fda.hhs.gov
(joy.garnett@fda.hhs.gov)
- Small Business Set-Aside
- N/A
- Description
- Statement of Work RFQ This is a combined synopsis/solicitation for commercial items prepared in accordance with the Federal Acquisition Regulation (FAR) format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. This requirement is being issued in conjunction with FAR 13 Simplified Acquisition Procedures, as applicable. The solicitation number is 14-223-SOL-00010. This solicitation is issued as a Request for Quotes (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-72 dated January 1, 2014. The associated North American Industry Classification System (NAICS) Code is- 334516- Analytical Laboratory Instrument Manufacturing; Small Business Size Standard is 500 employees. Schedule of items Line item Description UOM Total Price 1 Flow Cytometer Unit 1 Each $ _________ with standard one year warranty and maintenance. 2 Option Year 1: 1 Each $ __________ Maintenance Agreement 3 Option Year 2: 1 Each $ __________ Maintenance Agreement 4 Option Year 3: 1 Each $ __________ Maintenance Agreement 5 Option Year 4: 1 Each $ __________ Maintenance Agreement See the attached Statement of Work. Place of Performance Food and Drug Administration 8401 Muirkirk Road, Room Number: TBD at the time of contract award Laurel, Maryland 20708 FOB Point Destination. All items/services shall include delivery to the destination identified herein. To be delivered within 60 calendar days of receipt of order. Payment terms net 30 days after Government acceptance. Solicitation provisions Contract Type: Commercial Item-Firm Fixed Price. The provision at FAR 52.212-1 Instructions to Offerors-Commercial Items (JUL 2013) applies to this solicitation. The following addenda have been added to this provision: Addendum Paragraph (c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm until September 30, 2014. System for Award Management Registration In accordance with the with the Debt Collection Improvement Act of 1996, in order to be considered for an award of a Federal contract, the contractor must be registered in the System for Award Management (SAM), a free web site that encompasses the capabilities of the - Central Contractor Registry (CCR); Federal Agency Registration (Fedreg); Online Representations and Certifications Application (ORCA); Excluded Parties List System (EPLS); and the Catalog of Federal Domestic Assistance. If a new Contractor, you will need only your personal information to create an account in SAM. If a Contractor with an active record in CCR, you will not need to establish a SAM account. The CCR record transfers to become the active SAM account. (1) Definitions. "Registered in the SAM database" means that- (i) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number into the SAM database; (ii) The Contractor's CAGE code is in the SAM database; and (iii) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record "Active". The Contractor will be required to provide consent for TIN Attachment, Page 1 of 4; validation to the Government as a part of the SAM registration process. "System for Award Management (SAM)" means the primary Government repository for prospective federal awardee information and the centralized Government system for certain contracting, grants, and other assistance related processes. It includes- (i) Data collected from prospective federal awardees required for the conduct of business with the Government; (ii) Prospective contractor submitted annual representations and certifications in accordance with FAR Subpart 4.12. [If unable to complete updated representations and certifications in SAM, the Contractor must complete a paper copy of their Representations and Certifications and submit it with their proposal]; and (iii) The list of all parties suspended, proposed for debarment, debarred, declared ineligible, or excluded or disqualified under the nonprocurement common rule by agencies, Government corporations, or by the Government Accountability Office. (2) The Contractor shall be registered in the SAM database prior to submitting an invoice and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation. The SAM registration shall be for the same name and address identified on the contract, with its associated CAGE code and DUNS or DUNS+4. If indicated by the Government during performance, registration in an alternate system may be required in lieu of SAM. If the Contractor does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. A contractor may obtain a DUNS number- (i) Via the internet at http://fedgov.dnb.com/webform or if the contractor does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or (ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The contractor should indicate that it is a contractor for a U.S. Government contract when contacting the local Dun and Bradstreet office. (3) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (4) Contractors may obtain information on registration and annual confirmation requirements via the SAM accessed through https://www.acquisition.gov or by calling 866-606-8220, or 334-206-7828 for international calls. If there is any difficulty in updating this record, contact the Federal Service Help Desk at www.fsd.gov or 866-606-8220 for SAM assistance. https://www.sam.gov/portal/public/SAM/ The provision at FAR 52.212-2 Evaluation-Commercial Items is applicable to this solicitation. The specific evaluation criteria to be included in paragraph (a) of that provision are as follows: The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be the lowest price technical acceptable quote. Technical acceptability will be determined by review of information submitted by the offeror which must provide sufficient technical information necessary for the Government to conclusively determine that the offered items and services meet the technical requirements identified herein. The government is not responsible for locating or securing any information, which is not identified in the proposal however the Government reserves the right to obtain information for use in the evaluation from any and all sources including sources outside of the Government. Include the firms DUNS number with quote. (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. The Provision at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items (NOV 2013), applies to this acquisition. An offeror should complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at www.acquisition.gov. One or more of the items under this acquisition is subject to Free Trade Agreements. Contract clauses- FAR and HHSAR Clauses and Provisions incorporated by reference may be obtained at: FAR: https://www.acquisition.gov/far/ HHSAR: http://www.dhhs.gov/asfr/ogapa/acquisition/acquisitionpolicies.html The clause at 52.212-4, Contract Terms and Conditions-Commercial Items (SEPT 2013), applies to this acquisition. The following addenda have been added to the clause. The following FAR and HHSAR clauses, incorporated by reference, and apply to this acquisition. FAR 52.232-40, Providing Accelerated Payment to Small Business Subcontractors (DEC 2013) (a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor. (b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act. (c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items. FAR 52.246-4 Inspection of Services-Fixed-Price AUG 1996 HHSAR 352.202-1 Definitions JAN 2006 HHSAR 352.203-70 Anti-lobbying JAN 2006 HHSAR 352.222-70 Contractor Cooperation in Equal Employment Opportunity Investigations OCT 2009 HHSAR 352.223-70 Safety and Health JAN 2006 HHSAR 352.231-71 Pricing of Adjustments JAN 2001 The supplies and/or services delivered hereunder shall be inspected and accepted at destination by the contracting officer's representative (COR) specified at award. If the supplies or services are acceptable, the COR shall promptly forward a report of inspection and acceptance to the paying office. If the supplies or services are not acceptable, the COR shall document the nonconforming items/services and immediately notify the contracting officer. The clause at FAR 52.212-5, Contract Terms and Conditions Required to Implement Statues or Executive Orders-Commercial Items (JAN 2014) applies to this acquisition. The following additional FAR clauses cited in this clause are applicable: (b): 52.203-6, 52.204-10, 52.209-6, 52.222-3, 52.222-19, 52.222-21, 52.222-26, 52.222-35, 52.222-36, 52.223-18, 52.225-1, 52.225-13, 52.232-33 and 52.222-51. The clause at FAR 52.217-8, Option to Extend Services (NOV 1999), applies to this acquisition. 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 Contractor within thirty (30) days. The clause at FAR 52.217-9, Option to Extend the Term of the Contract (MAR 2000), applies to this acquisition. (a) The Government may extend the term of this contract by written notice to the Contractor within 30 days provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years or sixty months. Service Records and Reports: The Contractor shall, commensurate with the completion of each service call (inclusive of warranty service), provide the end-user of the equipment with a copy of a field service report/ticket identifying the equipment name, manufacturer, model number, and serial number of the equipment being serviced/repaired and detailing the reason for the service call, a detailed description of the work performed, the test instruments or other equipment used to affect the repair or otherwise perform the service, the name(s) and contact information of the technician who performed the repair/service, and for information purposes, the on-site hours expended and parts/components replaced. In addition, the Contractor shall provide monthly reports to the FDA COR and Contract Specialist, not later than the fifth (5th) work day following the end of each month, summarizing all maintenance and repair activities (including warranty work) for the previous month; negative reports are required. Payment Schedule: The Contractor shall submit an invoice to the Government for the total amount of the flow cytometer unit after the unit has been delivered and accepted by the Government. Beginning in Option Year 1, the Contractor shall submit the services records and report along with an invoice on a monthly basis to the Government for payment for preventative maintenance services on the flow cytometer unit. Invoice Submission: The Contractor shall submit a proper two-way (2-way) invoice in accordance with FAR 52.232-25 and FDA's Invoice Procedures for payment. The Contractor shall submit vouchers or invoices in accordance with the following instructions: A. The Contractor shall submit all invoices to all addressees in the manner specified below: (I) one original and one copy to the approving official: U.S. Food and Drug Administration Office of Acquisitions and Grant Services Attn: Joy Garnett, Contract Specialist 5630 Fishers Lane Room 2138, HFA-500 Rockville, Maryland 20857 E-mail: joy.garnett@fda.hhs.gov (II) one copy to the contracting officer representative (COR) or other program center/office designee, clearly marked "courtesy copy only": To be determined at the time of contract award by the Government. **Acceptable methods of delivery include: mail, hand delivery, or e-mail 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 - system for award management) 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 which costs are 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 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 representative (COR) or other program center/office point of contact, as referenced on the purchase order; (xii) Any other information or documentation required by the purchase order/award. (xiii) Contractor is 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, & date submitted (2) corresponding payment amount & date received (b) total amount of all payments received to date under the subject contract or order (c) and, for definitive 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 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/OC/OA/OFO/OFS Attn: Vendor Payments, OFS FDA 10903 New Hampshire Avenue Building 32, Room 2162 Mail Hub 2145 Silver Spring, MD 20993-0002 301.827.3742 or 866.807.3742 OFS/PaymentServices@fda.hhs.gov It is the offeror's responsibility to monitor FedBizOpps.Gov for the release of any information related to this acquisition, e.g., questions and answers, amendments, award notice, etc. All questions shall be submitted to Ms. Joy Garnett via email at Joy.Garnett@fda.hhs.gov on or before Tuesday, January 21, 2014, 12:00 PM Eastern Standard Time. All responsible sources may submit an offer, which if timely received, shall be considered. The offer must reference solicitation number 14-223-SOL-00010. The offers are due in person, by postal mail or email to the point of contact listed below on or before Tuesday, February 4, 2014 by 12:00 P.M. (Eastern Standard Time) at the Food and Drug Administration, FDA/OO/OFBA/OAGS/DAP, Attn: Joy Garnett, 5630 Fishers Lane, HFA-500, Rockville, MD 20857. For information regarding this solicitation, please contact Joy Garnett at (301) 827-0469, FAX (301) 827-7160 or email joy.garnett@fda.hhs.gov. SOW TO BE UPLOADED AS AN ATTACHMENT
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