SAMDaily.us | PRESOL | 65 | Promega Reagent Kits and Assays (Brand Name or Equal)

SAMDAILY.US - ISSUE OF AUGUST 15, 2021 SAM #7197
SOLICITATION NOTICE

65 -- Promega Reagent Kits and Assays (Brand Name or Equal)

Notice Date: 8/13/2021 5:17:14 AM
Notice Type: Combined Synopsis/Solicitation
NAICS: 325414 — Biological Product (except Diagnostic) Manufacturing
Contracting Office: NATIONAL INSTITUTES OF HEALTH NIDA Bethesda MD 20892 USA
ZIP Code: 20892
Solicitation Number: 75N95021Q00334
Response Due: 8/19/2021 6:00:00 AM
Archive Date: 09/03/2021
Point of Contact: Rieka Plugge, Phone: (301) 827-7515
E-Mail Address: rieka.plugge@nih.gov
(rieka.plugge@nih.gov)
Description: This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6 as supplemented with additional information included in this notice.� This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. The solicitation number is 75N95021Q00334 and the solicitation is issued as a request for quotation (RFQ). This acquisition is for a commercial item or service and is conducted under the authority of the Federal Acquisition Regulation (FAR) Part 13�Simplified Acquisition Procedures; and FAR Part 12�Acquisition of Commercial Items, and is not expected to exceed the simplified acquisition threshold. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-06, dated 07-12-2021. The solicitation is unrestricted and open to all offerors.� The associated NAICS code is 325414 Biological Product (except Diagnostic) Manufacturing and the small business size standard is 1,250 employees. Supplies or Services and Prices The National Center for Advancing Translational Sciences (NCATS) has a requirement for a quantity of two (2) Promega Corporation Nano-Glo Luciferase Assay or Equal; a quantity of two (2) Promega Corporation ADP-Glo Kinase Assay or Equal; and a quantity of three (3) Promega Corporation Nano-Glo(R) HiBiT Lytic Detection System or Equal. Delivery is expected within 30 days after contractor receipt of order (ARO). Delivery shall be FOB Destination and shall be delivered to 9800 Medical Center Drive (Building B/ Room 1022), Rockville, MD, 20850 between the hours of 8:00 am and 5:00 pm, Eastern Standard Time, Monday through Friday (except on Federal Holidays). Price Schedule Line Item: 00001 Item: �Product Code N1150 � Promega Corporation Nano-Glo Luciferase Assay Quantity: 2 Total Price: $__________ Line Item: 0001A Item: �Equal Product Code ________ � Equipment Name__________ Quantity: 2 Total Price: $__________ Line Item: 00002 Item: �Product Code V9102 � Promega Corporation ADP-Glo Kinase Assay Quantity: 2 Total Price: $__________ Line Item: 0002A Item: �Equal Product Code ________ � Equipment Name__________ Quantity: 2 Total Price: $__________ Line Item: 00003 Item: �Product Code N3050 � Promega Corporation Nano-Glo(R) HiBiT Lytic Detection System Quantity: 3 Total Price: $__________ Line Item: 0003A Item: �Equal Product Code ________ � Equipment Name__________ Quantity: 3 Total Price: $__________ TOTAL PRICE: $__________ �� Background and Requirement The NCATS aims to develop innovations to reduce, remove or bypass costly and time-consuming bottlenecks in the translational research pipeline in an effort to speed the delivery of new drugs, diagnostics and medical devices to patients. The NCATS Division of Preclinical Innovation (DPI) plans, conducts and uses both internal and contract resources to advance collaborative research projects across the preclinical phases of the translational science spectrum. The DPI�s Chem Tech Biology Group uses a number of reagents for assays in its laboratory for its ongoing research projects. The assay systems and kits allows the NCATS scientists and researchers to measure specific outcomes of cells which are specifically engineered for high throughput and automation settings which are essential standards at NCATS. The NCATS DPI Chem Tech Biology Group performs research to test the activity of reporter cell-lines following the treatment with high-throughput drug-libraries. Assays used in this research are homogeneous and can be miniaturized into a 384 or 1536 well plate format and is ideally suited for high throughput applications. For this purpose, NCATS needs a quantity of two (2) Promega Corporation Nano-Glo Luciferase Assay or Equal; a quantity of two (2) Promega Corporation ADP-Glo Kinase Assay or Equal; and a quantity of three (3) Promega Corporation Nano-Glo(R) HiBiT Lytic Detection System or Equal as follows. Product�s brand name or Equal:�Nano-Glo Luciferase Assay� � � � � � � � � � � � � � � �� Manufacturer:�Promega Corporation� � � � � � � � �� Catalog Number:�N1150 � � � � � � Quantity: 2 Product�s brand name or Equal:�ADP-Glo Kinase Assay � � � � � � � � � � � � � � � � Manufacturer:�Promega Corporation � � � � � � � � � � Catalog Number:�V9102 � � � � �� Quantity: 2 Product�s brand name or Equal:�Nano-Glo(R) HiBiT Lytic Detection System � � � � � � � � � � � � � � � �� Manufacturer:�Promega Corporation � � � � � � � � �� Catalog Number:�N3050 � � � � � � Quantity: 3� � �� Salient characteristics The salient physical, functional, or performance characteristics that �equal� products must meet are as follows: The assay kits and reagents must be easily scalable and highly sensitive. The assay kits and reagents must be engineered for live cell imaging. The assay kits and reagents must be optimized for multi-well plates and automation equipment. The assay kits and reagents must be easily scalable. The assay kits and reagents must be optimized for Primary high-throughput screening, secondary screening, and lead optimization. The size of the Nano-Glo Luciferase Assay or equal must be 10 x 100ml. The size of the ADP-Glo Kinase Assay or equal must be 10,000 assays. The size of the Nano-Glo(R) HiBiT Lytic Detection System or equal must be 10 x 100ml. See Attachment 1 � Purchase Description Contract Type It is the Government�s intent to issue a Firm Fixed Price Purchase Order. Delivery or Period of Performance Delivery is expected within 30 days after contractor receipt of order (ARO). Delivery shall be FOB Destination and shall be delivered to 9800 Medical Center Drive (Building B/ Room 1022), Rockville, MD, 20850 between the hours of 8:00 am and 5:00 pm, Eastern Standard Time, Monday through Friday (except on Federal Holidays). ------ The provision at FAR clause 52.212-1, Instructions to Offerors � Commercial Items, applies to this acquisition and is incorporated by reference.� � The provision at FAR clause 52.212-2, Evaluation � Commercial Items, applies to this acquisition.� The Government will award a purchase order resulting from this solicitation on the basis of lowest price technically acceptable. Technical acceptability will be evaluated based upon the following: The Offeror must include all brand name or equal equipment detailed in the project requirements in its quotation. Or Equal equipment must meet or exceed each salient characteristic in the table below. Product�s brand name or Equal:�Nano-Glo Luciferase Assay� � � � � � � � � � � � � � � �� Manufacturer:�Promega Corporation� � � � � � � � �� Catalog Number:�N1150 � � � � � � Quantity: 2 Product�s brand name or Equal:�ADP-Glo Kinase Assay � � � � � � � � � � � � � � � � Manufacturer:�Promega Corporation � � � � � � � � � � Catalog Number:�V9102 � � � � �� Quantity: 2 Product�s brand name or Equal:�Nano-Glo(R) HiBiT Lytic Detection System � � � � � � � � � � � � � � � �� Manufacturer:�Promega Corporation � � � � � � � � �� Catalog Number:�N3050 � � � � � � Quantity: 3 Salient characteristics: The salient physical, functional, or performance characteristics that �equal� products must meet are as follows:� � The assay kits and reagents must be easily scalable and highly sensitive Yes/No: Comment/Reference: The assay kits and reagents must be engineered for live cell imaging Yes/No: Comment/Reference: The assay kits and reagents must be optimized for multi-well plates and automation equipment Yes/No: Comment/Reference: The assay kits and reagents must be easily scalable Yes/No: Comment/Reference: The assay kits and reagents must be optimized for Primary high-throughput screening, secondary screening, and lead optimization. Yes/No: Comment/Reference: The size of the Nano-Glo Luciferase Assay or equal must be 10 x 100ml Yes/No: Comment/Reference: The size of the ADP-Glo Kinase Assay or equal must be 10,000 assays Yes/No: Comment/Reference: The size of the Nano-Glo(R) HiBiT Lytic Detection System or equal must be 10 x 100ml Yes/No: Comment/Reference: In addition to completing the table above, the respondents must provide brochures and/or published technical specifications that provide evidence of or equal equipments ability to meet the specifications in the table above.� (b) 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. ------ Offerors shall include a completed copy of the provision at FAR clause 52.212-3, Offeror Representations and Certifications�Commercial Items, with its offer. See Attachment 2 � FAR 52.212-3 Offeror Representations and Certifications-Commercial Items (Feb 2021). The FAR clause at 52.212-4, Contract Terms and Conditions � Commercial Items, applies to this acquisition and is incorporated by reference.� Addendum to FAR clause 52.212-4, Contract Terms and Conditions�Commercial Items applies to this acquisition.� The additional contract terms and conditions are as follows. 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) This solicitation incorporates one or more solicitation 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): www.acquisition.gov (End of provision) Provisions Incorporated by Reference: FAR 52.204-7 System for Award Management�(Oct 2018) FAR 52.204-16 Commercial and Government Entity Code Reporting�(Aug 2020) FAR 52.204-17 Ownership or Control of Offeror (Aug 2020) FAR 52.211-6 Brand Name or Equal (Aug 1999) FAR 52.225-25 Prohibition on Contracting With Entities Engaging in Certain Activities or Transactions Relating to Iran�Representation and Certifications (Jun 2020) Provisions Inorporated in full text: FAR 52.204-20�Predecessor of Offeror�(Aug 2020) ��(a)�Definitions. As used in this provision� ��Commercial and Government Entity (CAGE) code�means� ��(1)�An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or ��(2)�An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code. ��Predecessor�means an entity that is replaced by a successor and includes any predecessors of the predecessor. ��Successor�means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term ""successor"" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances. ��(b)�The Offeror represents that it�?�is or�?�is not a successor to a predecessor that held a Federal contract or grant within the last three years. ��(c)�If the Offeror has indicated ""is"" in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order): ��Predecessor CAGE code:??????????(or mark ""Unknown""). ��Predecessor legal name:�??????????. ��(Do not use a ""doing business as"" name). (End of provision) FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Oct 2020) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it ""does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument"" in paragraph (c)(1) in the provision at�52.204-26, Covered Telecommunications Equipment or Services�Representation, or in paragraph (v)(2)(i) of the provision at�52.212-3, Offeror Representations and Certifications-Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it ""does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services"" in paragraph (c)(2) of the provision at�52.204-26, or in paragraph (v)(2)(ii) of the provision at�52.212-3. ��(a)�Definitions.�As used in this provision� ��Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component�have the meanings provided in the clause�52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. ��(b)�Prohibition.� (1)�Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to� ��(i)�Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or ��(ii)�Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles. ��(2)�Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to� ��(i)�Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or ��(ii)�Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles. ��(c)�Procedures.�The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for ""covered telecommunications equipment or services"". ��(d)�Representation.�The Offeror represents that� ��(1)�It�?�will,�?�will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds ""will"" in paragraph (d)(1) of this section; and ��(2)�After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that� ��It�?�does,�?�does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds ""does"" in paragraph (d)(2) of this section. ��(e)�Disclosures.� (1)�Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded ""will"" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer: ��(i)�For covered equipment� ��(A)�The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known); ��(B)�A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and ��(C)�Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision. ��(ii)�For covered services� ��(A)�If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or ��(B)�If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision. ��(2)�Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded ""does"" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer: ��(i)�For covered equipment� ��(A)�The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known); ��(B)�A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and ��(C)�Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision. ��(ii)�For covered services� ��(A)�If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or ��(B)�If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision. (End of provision) FAR 52.204-26 Covered Telecommunications Equipment or Services-Representation (Oct 2020) ��(a)�Definitions.�As used in this provision, ""covered telecommunications equipment or services"" and ""reasonable inquiry"" have the meaning provided in the clause�52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. ��(b)�Procedures.�The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for ""covered telecommunications equipment or services"". ��(c)� (1)�Representation.�The Offeror represents that it�?�does,�?�does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument. ��(2)�After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it�?�does,�?�does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services. (End of provision) HHSAR 352.239-73 Electronic and Information Technology Accessibility Notice (December 18, 2015) (a) Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), as amended by the Workforce Investment Act of 1998 and the Architectural and Transportation Barriers Compliance Board Electronic and Information (EIT) Accessibility Standards (36 CFR part 1194), require that when Federal agencies develop, procure, maintain, or use electronic and information technology, Federal employees with disabilities have access to and use of information and data that is comparable to the access and use by Federal employees who are not individuals with disabilities, unless an undue burden would be imposed on the agency. Section 508 also requires that individuals with disabilities, who are members of the public seeking information or services from a Federal agency, have access to and use of information and data that is comparable to that provided to the public who are not individuals with disabilities, unless an undue burden would be imposed on the agency. (b) Accordingly, any offeror responding to this solicitation must comply with established HHS EIT accessibility standards. Information about Section 508 is available at http://www.hhs.gov/web/508. The complete text of the Section 508 Final Provisions can be accessed at http://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-section-508-standards. (c) The Section 508 accessibility standards applicable to this solicitation are stated in the clause at 352.239-74, Electronic and Information Technology Accessibility. In order to facilitate the Government�s determination whether proposed EIT supplies meet applicable Section 508 accessibility standards, offerors must submit an HHS Section 508 Product Assessment Template, in accordance with its completion instructions. The purpose of the template is to assist HHS acquisition and program officials in determining whether proposed EIT supplies conform to applicable Section 508 accessibility standards. The template allows offerors or developers to self-evaluate their supplies and document�in detail�whether they conform to a specific Section 508 accessibility standard, and any underway remediation efforts addressing conformance issues. Instructions for preparing the HHS Section 508 Evaluation Template are available under Section 508 policy on the HHS website http://www.hhs.gov/web/508. In order to facilitate the Government�s determination whether proposed EIT services meet applicable Section 508 accessibility standards, offerors must provide enough information to assist the Government in determining that the EIT services conform to Section 508 accessibility standards, including any underway remediation efforts addressing conformance issues. (d) Respondents to this solicitation must identify any exception to Section 508 requirements. If a offeror claims its supplies or services meet applicable Section 508 accessibility standards, and it is later determined by the Government, i.e., after award of a contract or order, that supplies or services delivered do not conform to the described accessibility standards, remediation of the supplies or services to the level of conformance specified in the contract will be the responsibility of the Contractor at its expense. (End of provision) FAR clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders�Commercial Items, applies to this acquisition and is incorporated by reference.� Additionally, the following FAR clauses in paragraph (b) of 52.212-5 that are applicable to the acquisition are: FAR 52.209-6 Protecting the Government�s Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Jun 2020) FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) FAR 52.222-3 Convict Labor (June 2003) FAR 52.222-19 Child Labor�Cooperation With Authorities and Remedies (Jan 2020) FAR 52.222-21 Prohibition of Segregated Facilities (Apr 2015) FAR 52.222-26 Equal Opportunity (Sep 2016) FAR 52.222-36 Equal Opportunity for Workers With Disabilities (Jun 2020) FAR 52.222-50 Combating Trafficking in Persons (Oct 2020) FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) FAR 52.225-3 Buy American-Free Trade Agreements-Israeli Trade Act (Jan 2021)-Alternate I (Jan 2021) FAR 52.225-13 Restriction on Certain Foreign Purchases (Feb 2021) FAR 52.232-33 Payment by Electronic Funds Transfer-- System for Award Management (Oct 2018) FAR 52.252-2 Clauses Incorporated by Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.acquisition.gov (End of clause) Clauses incorporated by reference: FAR 52.204-13 System for Award Management Maintenance�(Oct 2018) FAR 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) FAR 52.212-4 Contract Terms and Conditions-Commercial Items (Oct 2018) 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders�Commercial Items (Jul 2021) Clauses included in full text: HHSAR 352.222-70 Contractor Cooperation in Equal Employment Opportunity Investigations (December 18, 2015) (a) In addition to complying with the clause at FAR 52.222-26, Equal Opportunity, the Contractor shall, in good faith, cooperate with the Department of Health and Human Services (Agency) in investigations of Equal Employment Opportunity (EEO) complaints processed pursuant to 29 CFR part 1614. For purposes of this clause, the following definitions apply: (1) Complaint means a formal or informal complaint that has been lodged with Agency management, Agency EEO officials, the Equal Employment Opportunity Commission (EEOC), or a court of competent jurisdiction. (2) Contractor employee means all current Contractor employees who work or worked under this contract. The term also includes current employees of subcontractors who work or worked under this contract. In the case of Contractor and subcontractor employees, who worked under this contract, but who are no longer employed by the Contractor or subcontractor, or who have been assigned to another entity within the Contractor�s or subcontractor�s organization, the Contractor shall provide the Agency with that employee�s last known mailing address, e-mail address, and telephone number, if that employee has been identified as a witness in an EEO complaint or investigation. (3) Good faith cooperation cited in paragraph (a) includes, but is not limited to, making Contractor employees available for: (i) Formal and informal interviews by EEO counselors or other Agency officials processing EEO complaints; (ii) Formal or informal interviews by EEO investigators charged with investigating complaints of unlawful discrimination filed by Federal employees; (iii) Reviewing and signing appropriate affidavits or declarations summarizing statements provided by such Contractor employees during the course of EEO investigations; (iv) Producing documents requested by EEO counselors, EEO investigators, Agency employees, or the EEOC in connection with a pending EEO complaint; and �(v) Preparing for and providing testimony in depositions or in hearings before the MSPB, EEOC and U.S. District Court. (b) The Contractor shall include the provisions of this clause in all subcontract solicitations and subcontracts awarded at any tier under this contract. (c) Failure on the part of the Contractor or its subcontractors to comply with the terms of this clause may be grounds for the Contracting Officer to terminate this contract for default. (End of clause) Additional contract requirement(s) or terms and conditions applicable to this acquisition include the following. Please be advised that the National Center for Advancing Translational Sciences (NCATS), National Institutes of Health (NIH) is a Federal agency. Your mass-market commercial sales and/or license agreement terms and conditions may include provisions that are customarily found in the commercial sector but which are not enforceable under a contract with a Federal agency. In accordance with FAR 52.212-4(u), NIH considers unenforceable any provision in your mass-market commercial sales and/or license agreement terms and conditions that are inapplicable to Federal procurement contracts, including, without limitation, any term or condition that: (1) Contravenes a right granted NIH under U.S. copyright law (e.g., fair use, right to archive, copying for interlibrary loan), (2) Violates the Federal Acquisition Regulation or other Federal law (e.g., Antideficiency Act, Principles of Federal Appropriations Law), (3) Departs from reasonable consumer expectations, or (4) Violates fundamental public policy. By submission of a quotation/proposal and execution of the order/contract, the Contractor hereby accepts and agrees to the terms and conditions of the order/contract. ------ Responses to this solicitation must include the completed and signed FAR Provision Certifications at FAR 52.204-24 and FAR 52.204-26 pursuant to FAR 4.2103 Procedures. See Attachment 3 � FAR 52.204-24 Certification and Attachment 4 � FAR 52.204-26 Certification. Any resultant Purchase Order shall include the Invoice and Payment Provisions (Rev. 2/10/2021) � Attachment 5. The Defense Priorities and Allocations System (DPAS) is not applicable to this requirement. All questions shall be received via email to Rieka Plugge at rieka.plugge@nih.gov before 9:00 a.m., Eastern Standard Time, on 8/16/2021. � Responses to this solicitation must include clear and convincing evidence of the offeror�s capability of fulfilling the requirement as it relates to the technical evaluation criteria.� In addition the Dun & Bradst...
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65 -- Promega Reagent Kits and Assays (Brand Name or Equal)