SOLICITATION NOTICE
66 -- Isotope Ratio Mass Spectrometry
- Notice Date
- 9/22/2022 6:55:46 AM
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 334516
— Analytical Laboratory Instrument Manufacturing
- Contracting Office
- MISSION SUPPORT CTR DIV WASHINGTON DC 20229 USA
- ZIP Code
- 20229
- Solicitation Number
- PR20133189
- Response Due
- 9/26/2022 9:00:00 AM
- Archive Date
- 10/11/2022
- Point of Contact
- Calynda Baines
- E-Mail Address
-
calynda.c.baines@cbp.dhs.gov
(calynda.c.baines@cbp.dhs.gov)
- Description
- This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR 12.6 and as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; QUOTES ARE BEING REQUESTED and a written solicitation will not be issued. The Government will make an award resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation is the most advantageous to the Government. �This acquisition is unrestricted and the North American Industry Classification System (NAICS) code is 334516, and has a size standard of 1,000 employees. The solicitation incorporates provisions and clauses in effect through the Federal Acquisition Circular (FAC) 2022-07 effective 08/10/2022. The Government intends to award a firm-fixed price purchase order in accordance with FAR 13.5. THIS IS NOT AN AUTHORIZED CREDIT CARD PROCUREMENT, INVOICE TO BE SUBMITTED FOR PAYMENT UPON DELIVERY AND ACCEPTANCE OF EQUIPMENT.� Invoices must be submitted per the Electronic Invoicing and Payment Requirements clause included in Attachment 2 for this RFQ. The Department of Homeland Security (DHS), U.S. Customs & Border Protection (CBP), is seeking to purchase three (3) isotope ratio mass spectrometry (IR/MS) instruments, accessories, consumables, installation, and training.� The system/equipment/services offered must meet or exceed the specifications/description in the attached statement of work (SOW) and enough detailed specifications must be submitted with the quote for a technical review to be completed without holding discussions. Non-manufacturer distributors must provide proof they are an authorized distributor of the equipment they are quoting. APPLICABLE CLAUSES/PROVISIONS: 52.204-7 System for Award Management (OCT 2018) 52.204-13, System for Award Management Maintenance (OCT 2018) 52.204-16, Commercial and Government Entity Code Reporting (AUG 2020) 52.204-17, Ownership or Control of Offeror (AUG 2020) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and other Covered Entities (Deviation 20-05)(DEC 2020) (a) Definitions. As used in this clause -- �Covered article� means any hardware, software, or service that � (1) Is developed or provided by a covered entity; (2) Includes any hardware, software, or service developed or provided in whole or in part by a covered entity; or (3) Contains components using any hardware or software developed in whole or in part by a covered entity. �Covered entity� means -- (1) Kaspersky Lab; (2) Any successor entity to Kaspersky Lab; (3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or (4) Any entity of which Kaspersky Lab has a majority ownership. (b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits Government use of any covered article. The Contractor is prohibited from -- (1) Providing any covered article that the Government will use on or after October 1, 2018; and (2) Using any covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract. (c) Reporting requirement. (1) In the event the Contractor identifies covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report, in writing, via email, to the Contracting Officer, Contracting Officer�s Representative, and the Enterprise Security Operations Center (SOC) at NDAA_Incidents@hq.dhs.gov, with required information in the body of the email. In the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Enterprise SOC, Contracting Officer for the indefinite delivery contract and the Contracting Page 5 of 8 Officer(s) and Contracting Officer�s Representative(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil. (2) The Contractor shall report the following information pursuant to paragraph (c)(1) of this clause: (i) Within 1 business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a covered article, any reasons that led to the use or submission of the covered article, and any additional efforts that will be incorporated to prevent future use or submission of covered articles. (c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for the acquisition of commercial items. (End of clause) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Deviation 20-05)(DEC 2020) (a) Definitions. As used in this clause -- �Backhaul� means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet). �Covered foreign country� means The People�s Republic of China. �Covered telecommunications equipment or services� means -- (1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); (2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); (3) Telecommunications or video surveillance services provided by such entities or using such equipment; or (4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. �Critical technology� means -- (1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations; (2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled -- (i)� Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or (ii) For reasons relating to regional stability or surreptitious listening; (3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities); (4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material); (5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or (6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817). �Interconnection arrangements� means arrangements governing the physical connection of two or more networks to allow the use of another�s network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources. �Reasonable inquiry� means an inquiry designed to uncover any information in the entity�s possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit. �Roaming� means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high. �Substantial or essential component� means any component necessary for the proper function or performance of a piece of equipment, system, or service. (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. The Contractor is prohibited from providing to the Government 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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. (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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. 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. (c) Exceptions. This clause does not prohibit contractors from providing -- (1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (d) Reporting requirement. (1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause in writing via email to the Contracting Officer, Contracting Officer�s Representative, and the Network Operations Security Center (NOSC) at NDAA_Incidents@hq.dhs.gov, with required information in the body of the email. In the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the NOSC, Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) and Contracting Officer�s Representative(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil. (2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause -- (i)� Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items. (End of clause) 52.209-7, Information Regarding Responsibility Matters (OCT 2018) 52.212-1, Instructions to Offerors � Commercial Products and Commercial Services (NOV 2021) 52.212-3, Offeror Representations and Certifications-Commercial Items (MAY 2022), a completed copy of this provision shall be submitted with the offer unless SAM registered, which must be noted in the quotation. 52.212-4, Contract Terms and Conditions-Commercial Items (NOV 2021) 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (MAY 2022), to include clauses: 52.203-6 Alt. 1, 52.204-10. 52.209-6, 52.209-9, 52.219-28, 52.222-3, 52.222-21; 52.222-26, 52.222-36, 52.222-37, 52.222-40, 52.222-50, 52.223-18, 52.225-1, 52.225-2, 52.225-13 52.222-19 Child Labor -- Cooperation with Authorities and Remedies (DEVIATION 20-07)(AUG 2020) (a) Applicability. This clause does not apply to the extent that the Contractor is supplying end products mined, produced, or manufactured in -- (1) Israel, and the anticipated value of the acquisition is $50,000 or more; (2) Mexico, and the anticipated value of the acquisition is $83,099 or more; or (3) Armenia, Aruba, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Italy, Japan, Korea, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, Ukraine, or the United Kingdom and the anticipated value of the acquisition is $182,000 or more. (b) Cooperation with Authorities. To enforce the laws prohibiting the manufacture or importation of products mined, produced, or manufactured by forced or indentured child labor, authorized officials may need to conduct investigations to determine whether forced or indentured child labor was used to mine, produce, or manufacture any product furnished under this contract. If the solicitation includes the provision 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products, or the equivalent at 52.212-3(i), the Contractor agrees to cooperate fully with authorized officials of the contracting agency, the Department of the Treasury, or the Department of Justice by providing reasonable access to records, documents, persons, or premises upon reasonable request by the authorized officials. (c) Violations. The Government may impose remedies set forth in paragraph (d) for the following violations: (1) The Contractor has submitted a false certification regarding knowledge of the use of forced or indentured child labor for listed end products. (2) The Contractor has failed to cooperate, if required, in accordance with paragraph (b) of this clause, with an investigation of the use of forced or indentured child labor by an Inspector General, Attorney General, or the Secretary of the Treasury. (3) The Contractor uses forced or indentured child labor in its mining, production, or manufacturing processes. (4) The Contractor has furnished under the contract end products or components that have been mined, produced, or manufactured wholly or in part by forced or indentured child labor. (The Government will not pursue remedies at paragraph (d)(2) or paragraph (d)(3) of this clause unless sufficient evidence indicates that the Contractor knew of the violation.) (d) Remedies. (1) The Contracting Officer may terminate the contract. (2) The suspending official may suspend the Contractor in accordance with procedures in FAR Subpart 9.4. (3) The debarring official may debar the Contractor for a period not to exceed 3 years in accordance with the procedures in FAR Subpart 9.4. (End of clause) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors. ADDITIONAL CLAUSES TO BE INCORPORATED IN DELIVERY ORDER: 3052-205-70, Advertisement, Publicizing Awards, and Releases. Attachment 2 Additional CBP Clauses Evaluation: 52.212-2, Evaluation - Commercial Items (NOV 2021) �����(a)�The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate�offers: (i) technical capability of the item offered to meet the Government requirement. (ii) delivery lead time. (iii) price. �����Technical and delivery lead time, when combined, are�significantly more important than price. ������(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. (End of provision) Award shall be based on lowest price technically acceptable in accordance with FAR 13.106-2(b).� Each quote shall be evaluated based upon lowest priced technically acceptable (LPTA) criteria.� Please read each section below carefully for the submittals and information required as part of the evaluation.� Failure to provide the requested information below shall be considered non-compliant and your quote could be removed from the evaluation process. Submission shall be received no later than September 26, 2022, 12:00PM EST, to calynda.c.baines@cbp.dhs.gov.� NO LATE QUOTES WILL BE CONSIDERED.� No phone inquiries will be accepted, any questions or comments must be submitted in writing to the Contract Specialist no later than September 22, 2022, 2:00PM EST to the email provided above.� The Government reserves the right to post publicly ALL questions and answers. Delivery Location:� Multiple locations, see Statement of Work.� Delivery location POCs will be provided to the awardee only.
- Web Link
-
SAM.gov Permalink
(https://sam.gov/opp/ed09228f0e044b7c8aa81a9e82eeac08/view)
- Place of Performance
- Address: USA
- Country: USA
- Country: USA
- Record
- SN06475931-F 20220924/220922230123 (samdaily.us)
- Source
-
SAM.gov Link to This Notice
(may not be valid after Archive Date)
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