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 FDA-SOL-09-00049. This solicitation is issued as a Request for Quotes (RFQ) and is set-aside for small business concerns. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-28. The associated North American Industry Classification System (NAICS) Code is-334516- Analytical Laboratory Instrument Manufacturing; Small Business Size Standard is 500 employees. The Food and Drug Administration, National Center for Toxicological Research is soliciting for a flow cytometer system. The system shall meet the following requirements: 1. The system must operate at 488nm (rated at 20,000 hr life) and 642nm (rated at 20,000 hr life). 2. Laser profile must be 15 x 75 microns. 3. Scatter detection should be forward (0 degrees +/- 15); side (90 degrees +/- 15). 4. Emission detection four colors (multiparameter flows), user swappable optical filters. A standard set should be installed: a) FL 1 530 / 30nm FITC) b) FL 2 585 / 40nm (PE/PI) c) FL 3 > 670nm ( PerCP-Cy 5.5) d) FL 4 675 / 25nm (APC) 5. Fixed optical alignment. 6. 200 micron quartz capillary 7. Variable nominal flow rate of 10 to 150 ul/min (2.5 ul/sec) 8. Power Supply UPS for 90V / 110V / 220V Scheduled items include: Flow Cytometer system- includes software, workstation computer and installation and training. 1 each Contract Type: Commercial Item-Firm Fixed Price. Simplified acquisition procedures will be utilized. FOB Point destination. To be delivered 75 days or less after receipt of order (ARO). Point of Delivery for Services and Supplies will be the FDA/NCTR located at 3900 NCTR Road, Jefferson, AR 72079-9502. Payment terms net 30 days. Standard commercial warranty is required. The provision at FAR 52.212-1 Instructions to Offerors-Commercial Items applies to this solicitation. The following addenda have been attached to this provision: None The provision at FAR 52.212-2 Evaluation-Commercial Items is applicable to this solicitation. The specific evaluation criteria to be included in paragraph (1) of that provision are as follows: The Government will award a purchase order resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be the most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate quotes: (i) Technical capability of the items offered to meet the Government’s requirement. (ii) Past Performance (iii) Price. Technical and past performance, when combined, are equal when compared to price. Technical acceptability will be determined by review of information submitted by the offeror which must provide a description in sufficient detail to show that the product offered meets the Government's requirement. Past performance will be evaluated based on information provided by the offeror as to actual sales of the proposed products to industry or government agencies. Past performance will consider the ability of the items to meet technical specifications as advertised by the offeror, past record of meeting delivery schedules and service/maintenance reputation. The government is not responsible for locating or securing any information, which is not identified in the proposal. To ensure information is available, vendors must furnish as part of their proposal all descriptive material necessary for the government to determine whether the product and/or service meets the technical requirements. Offerors shall include technical specifications, descriptive material, literature, brochures and other information corresponding to each minimum required item, which demonstrates the capabilities of the offeror. The government reserves the right to make an award without discussions. The Government reserves the right to obtain information for use in the evaluation from any and all sources including sources outside of the Government. The Provision at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, applies to this acquisition. Offerors shall complete and return a copy of the provision at FAR 52.212-3, Offeror Representations and Certifications - Commercial Items with their offer. If the end product(s) offered is other than domestic end product(s) as defined in the clause entitled "Buy American Act-Supplies," the offeror shall so state and shall list the country of origin. The clause at 52.212-4, Contract Terms and Conditions-Commercial Items, applies to this acquisition. The following addenda have been attached to the clause. 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 applies to this acquisition. The following additional FAR clauses cited in this clause are applicable: 52.219-6, 52.222-3, 52.222-19, 52.222-21, 52.222-26, 52.222-36, 52.222-50, 52.223-15, 52.223-16, 52.225-1, 52.225-13, and 52.232-33. The following additional provisions and/or clauses apply: 52.204-7 and 52.211-6. Clauses and provisions are incorporated by reference and apply to this acquisition. Clauses and provisions can be obtained at http://www.arnet.gov/far/. CCR Requirement - Company must be registered in the Central Contractor Registration (CCR) system before an award could be made to them. If company is not registered in CCR, they may do so by going to the CCR web site at http://www.ccr.gov. The Defense Priorities and Allocations System (DPAS) and assigned rating are not applicable to this solicitation notice. It is the offeror's responsibility to monitor the internet site for the release of an amendment to the combined synopsis/solicitation (if any). Offerors that fail to furnish the required representations and certifications, or reject the terms and conditions of the solicitation, may be excluded from consideration. All responsible sources may submit an offer, which if timely received, shall be considered. The offer must reference solicitation number FDA-SOL-09-00049. The Offers are due in person, by postal mail, fax or email to the point of contact listed below on or before January 27, 2009 by 13:00 hours (Central Standard Time in Jefferson, Arkansas) at the Food and Drug Administration, OC/OSS/OFFAS, Attn: Nick Sartain, 3900 NCTR Road, HFT-320, Jefferson, AR 72079-9502. For information regarding this solicitation, please contact Nick Sartain at (870) 543-7370, FAX (870) 543-7990 or email [email protected].

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