The U.S. Department of Health and Human Services (DHHS), National Institutes of Health (NIH), National Cancer Institute (NCI), Center for Cancer Research (CCR), Lymphoid Malignancies Branch (LYMB) requires the purchase of a Sony MA900 cell sorter, or equivalent, to facilitate LYMB’s research to investigate the pathogenesis of lymphoid malignancies and identify therapeutic vulnerabilities in lymphoma.

This is a combined synopsis/solicitation for commercial items, prepared in accordance with the format in FAR 12.6 as supplemented with additional information included in this notice, and shall be processed in accordance with FAR subpart 13.5 - Simplified Acquisition Procedures for Certain Commercial Items. This announcement constitutes the only solicitation and a separate written solicitation will not be issued. This solicitation, 75N91020Q00037, is issued as a request for quote (RFQ) and includes all applicable provisions and clauses in effect through FAR Federal Acquisition Circular (FAC) 2020-05 (03-30-2020), simplified acquisition procedures for commercial items.

The North American Industry Classification System code is 334516 and the business size standard is 1,000 employees.

1.0 BRAND NAME OR EQUAL

This requirement is for the procurement of the brand name or equivalent instruments described in section 4.0. The Federal Acquisition Regulation (FAR) provision FAR 52.211-6, Brand Name or Equal (AUG 1999) is applicable to this requirement.

2.0 BACKGROUND

The U.S. Department of Health and Human Services (DHHS), National Institutes of Health (NIH), National Cancer Institute (NCI), Center for Cancer Research (CCR), Lymphoid Malignancies Branch (LYMB) requires the purchase of one (1) Sony MA900 cell sorter, or equivalent. There are currently no cell sorters in LYMB that can sort samples from complex specimens on demand. The acquisition of this instrument will facilitate LYMB’s research to investigate the pathogenesis of lymphoid malignancies and identify therapeutic vulnerabilities in lymphoma.

Regular access to a cell sorter is essential to all labs within LYMB. Current sorting within the branch is done through a shared core facility that currently cannot accommodate the needs of both laboratories due to lack of on-demand scheduling and limited amounts of continuous sort time.

Current projects within LYMB that would greatly benefit from regular access to a cell sorter include:

1. Sorting of tumor cells from mice spontaneously developing lymphomas in order to more fully characterize the genomic landscape of these tumors:

This project is actively developing and characterizing 3 genetically engineered mouse models that may develop B cell lymphomas spontaneously from anywhere from 8 months of age to 20 months of age. These tumors harbor conditional alleles that are modeled on mutations frequently found in human disease. It is often difficult to determine whether a mouse harbors an internal tumor prior to it developing visible signs of illness. When an animal does develop visible signs of illness, it usually needs to be euthanized within 24 hours. It is vital to LYMB’s research efforts to be able to sort tumor cells and other cells in the microenvironment for downstream applications such as RNA sequencing and whole exome sequencing to more fully characterize the genomic landscape of these malignancies. LYMB is currently unable to schedule sorts within a timeframe that would allow LYMB to pursue these types of analyses in tumors as needed.

2. Sorting of rare populations of cells within the lymphoid tissues or the lymphoma tumor microenvironment:

In some of LYMB’s studies LYMB are interested in characterizing rare populations of lymphoid cells that require greater than 6 hours of sorting time to sort sufficient numbers of cells for needed applications.

3. Whole genome CRISPR screens based on expression of reporters or cell surface receptors: 

Current efforts in this project area are focused on elucidating signaling pathways that are important for lymphoma survival using whole genome CRISPR screens. Previous efforts in the lab relied on screening methods based on cell survival, where lymphoma cell lines are transduced with a library of gRNA constructs and cultured for weeks and the enrichment or dropout of gRNAs is assessed. However, current efforts are aimed at developing more sophisticated screening methods to identify novel regulators of signaling or protein stability.  This can be done by utilizing a cell line expressing a fluorescently tagged gene of interest and transducing these cells with a library of gRNA constructs. Low and high expressors are then sorted and gRNAs in these sorted populations are sequenced to identify novel regulators of for the protein of interest. Given that these screens are whole genome screens LYMB regularly need to culture and sort 108 cells per sample to generate high quality data. These efforts have been severely limited by the lack of sufficient time available to sort multiple replicates of these large CRISPR screens on the core facility sorter. Moreover, the timing of these sorts is critical to the outcome since the kinetics of CRISPR-mediated knockout vary from gene to gene. Because of the multiple experimental steps that must happen before a sort (growing large quantities of cells, CRISPR library infection, puromycin selection and recovery, CRISPR induction), it is very difficult to schedule sort time weeks in advance with enough accuracy to pinpoint a day that will be 7 or 14 days after CRISPR-mediated deletion.

4. Generation of single cell clones

LYMB would also be aided greatly by using a cell sorter to generate single cell clones of cell lines. LYMB requires better methods to select cells with the advent of CRISPR-mediated knock-in of fluorescent tags on endogenous genes.

3.0 TYPE OF ORDER

This is a Firm-Fixed-Price Purchase Order.

4.0 PRODUCT FEATURES/SALIENT CHARACTERISTICS

The following product features/characteristics are required:

• The cell sorter shall use a disposable microfluidic flow cell and sorting nozzle (sorting chip). Sorting chips must be available in three nozzle sizes: 70 μm, 100 μm, and 130 μm. The operator of the cell sorter must be able to easily optimize the cell sorter for different cell types by selecting the sorting chip with the appropriate nozzle size. To change the sorting chip, the operator must be able to simply insert the chip into the chip loading slot and initiate the completely automated setup routine.
• The cell sorter shall perform completely automated alignment and focusing of the sorting chip to the lasers and detectors (light scatter and fluorescence).
• The cell sorter shall perform completely automated laser delay calibration, droplet breakoff optimization, sort stream position adjustments, and sort delay calibration.
• The cell sorter shall perform completely automated sort monitoring with droplet breakoff control. An integrated high-resolution video camera shall provide real-time monitoring and color-coded status information.
• The cell sorter shall maximize droplet breakoff stability by automatically maintaining the temperature of the sheath fluid as it is delivered to the sorting chip.
• The cell sorter shall provide a completely replaceable sample delivery path. The sample probe, sample line, and sorting chips must all be disposable and available as sterile single-use items.
• The software shall include wizard-driven procedures for start-up, calibration, quality control, shut-down, sorting chip exchange, sample line exchange, maintenance, and cleaning procedures.
• The cell sorter shall include four lasers (488 nm, 638 nm, 405 nm, and 561 nm). The 488 and 561 nm lasers shall be collinear and share the same detector set. The 405 and 638 nm lasers shall be collinear and share the same detector set.
• The cell sorter shall include 12 photomultiplier (PMT) detectors for fluorescence. The optical design shall allow for the detection of signals from the collinear 488/561 laser pair by any of the 5 PMTs assigned to the first laser spot and signals from the collinear 405/638 laser pair by any of the 7 PMTs assigned to the second laser spot. Collection optics shall support FITC, PE, PETR, PerCP-Cy5.5, and PE-Cy7 (or equivalents) excited by the 488/561 laser pair and BV421, BV510, BV570, BV605, APC or BV650, AF700 or BV711, and APC- Cy7 or BV785 (or equivalents) excited by the 405/638 laser pair.
• The cell sorter shall support a wide variety of sample delivery formats including 0.5 mL, 1.5 mL, 5 mL, and 15 mL tubes. The sample chamber shall be able to be cooled to 5°C, left at ambient temperature, or heated to 37°C by an integrated thermoelectric system.
• Periodic automated sample mixing shall be available. The sort collection tube options shall include 1.5 mL, 5 mL, and 15 mL tubes. The cell sorter shall support 4-way sorting into 1.5 and 5 mL tubes and 2-way sorting into 15 mL tubes.
• The sort collection tubes shall be able to be cooled to 5°C by an integrated thermoelectric system or left at ambient temperature.
• The cell sorter shall include a Sort Deposition System (SDS). The SDS provides single and multi-cell sorting into 6, 12, 24, 48, 96 and 384-well culture plates or PCR tube arrays. The plate sorting option shall provide index sorting tools for single cell cloning applications. The index feature records and plots the measured light scatter and fluorescence intensities of each sorted cell. The well location and intensity values of each cell shall have the ability to be exported to a spreadsheet.
• The instrument shall include a fluidics cart that uses weight sensors to monitor the level of sheath fluid, waste fluid, water, bleach, and ethanol in each tank. The fluidics cart shall be on wheels for safe and easy manipulation of containers during fluid replacement or disposal.
• The cell sorter shall include a custom-fitted Class II Biological Safety Cabinet (BSC). The external dimensions of the BSC shall be: 46.5" (118 cm) wide x 39" (99 cm) deep x 88” (224 cm) high. The BSC shall include an integrated aerosol management system (AMS).
• The cell sorter shall include a computer workstation that can operate the cell sorter and save data.
• The cell sorter shall include an air compressor.
• The cell sorter shall include a power cord.
• The cell sorter shall include one box (40 count) of 100 um sorting chips.
• The cell sorter shall include 1 box of 40 cleaning chips.
• The cell sorter shall include 1 kit of automatic setup beads
• The cell sorter shall include sterile sheath fluid
• The cell sorter shall include 1 bag of 250 test tubes (12x75 mm)

4.1 DELIVERY / INSTALLATION

Delivery shall be within 30 business days of purchase order award. The Contractor shall provide the NCI Contracting Officer Representative (COR), TBD at award, with tracking information to anticipate delivery to the best extent possible. All shipping/handling (including FOB) and delivery/installation fees shall be included in the quote. Upon delivery, the Contractor shall notify the COR to schedule the installation date and time that shall occur within 14 business days after delivery. Installation shall be performed by, or under the direct supervision of, an Original Equipment Manufacturer (OEM) certified operator.

The Contractor shall deliver and install the equipment at the following address:

ATTN: TBD AT AWARD
9000 Rockville Pike
Building 10 Room 6N115
Bethesda, MD, 20892

4.2 TRAINING

Within 30 business days after installation, 2 business days of training shall be provided on-site for at least four primary users of the instrument. All training expenses, including materials and/or travel expenses, shall be included in the quoted price.

4.3 WARRANTY

A minimum of 12-months warranty from the date of installation shall be included, which covers the cost of repair and/or replacement, including labor or any defect in workmanship or parts, as well as telephone support and preventative maintenance.

5.0 PAYMENT

Payment shall be made upon delivery, inspection, and acceptance by the Government. Payment authorization requires submission and approval of invoices to the NCI COR and NIH OFM, in accordance with the payment provisions listed below:

The following clause is applicable to all Purchase Orders, Task or Delivery Orders, and Blanket Purchase Agreement (BPA) Calls:  Prompt Payment (Jan 2017) FAR 52.232-25.  Highlights of this clause and NIH implementation requirements follow:
 

Invoice Requirements

A. An invoice is the Contractor's bill or written request for payment under the contract for supplies delivered or services performed.  A proper invoice is an "Original" which must include the items listed in subdivisions 1 through 12, below, in addition to the requirements of FAR 32.9.  If the invoice does not comply with these requirements, the Contractor will be notified of the defect within 7 days after the date the designated billing office received the invoice (3 days for meat, meat food products, or fish, and 5 days for perishable agricultural commodities, dairy products, edible fats or oils) with a statement of the reasons why it is not a proper invoice.  (See exceptions under II., below.)  Untimely notification will be taken into account in the computation of any interest penalty owed the Contractor.

1. Vendor/Contractor:  Name, Address, Point of Contact for the invoice (Name, title, telephone number, e-mail and mailing address of point of contact).
2. Remit-to address (Name and complete mailing address to send payment).
3. Remittance name must match exactly with name on original order/contract.  If the Remittance name differs from the Legal Business Name, then both names must appear on the invoice.
4. Invoice date.
5. Unique invoice #s for all invoices per vendor regardless of site.
6. NBS document number formats must be included for awards created in the NBS:  Contract Number; Purchase Order Number; Task or Delivery Order Number and Source Award Number (e.g., Indefinite Delivery Contract number; General Services Administration number); or, BPA Call Number and BPA Parent Award Number.
7. Data Universal Numbering System (DUNS) or DUNS + 4 as registered in WWW.SAM.GOV.
8. Federal Taxpayer Identification Number (TIN).  In those exceptional cases where a contractor does not have a DUNS number or TIN, a Vendor Identification Number (VIN) must be referenced on the invoice.  The VIN is the number that appears after the contractor’s name on the face page of the award document.
9. Identify that payment is to be made using a three-way match.
10. Description of supplies/services that match the description on the award, by line billed.*
11. Freight or delivery charge must be billed as shown on the award.  If it is included in the item price do not bill it separately.  If identified in the award as a separate line item, it must be billed separately.
12. Quantity, Unit of Measure, Unit Price, Extended Price of supplies delivered or services performed, as applicable, and that match the line items specified in the award.*

* NOTE:  If your invoice must differ from the line items on the award, please contact the Contracting Officer before submitting the invoice.  A modification to the order or contract may be needed before the invoice can be submitted and paid.

B. Shipping costs will be reimbursed only if authorized by the Contract/Purchase Order.  If authorized, shipping costs must be itemized.  Where shipping costs exceed $100, the invoice must be supported by a bill of lading or a paid carrier's receipt.

C. Mail an original and 1 copy of the itemized invoice to:

National Institutes of Health
Office of Financial Management,
Commercial Accounts
2115 East Jefferson Street, Room 4B-432, MSC 8500
Bethesda, MD 20892-8500

For inquiries regarding payment call: (301) 496-6088

To facilitate the prompt payment of invoices, it is recommended that the vendor submit a photocopy of the invoice to the “Consignee” designated for the acquisition in block 20 of the face page of the Order/Award document.

Invoice Payment

A. Except as indicated in paragraph B., below, the due date for making invoice payments by the designated payment office shall be the later of the following two events:

1. The 30th day after the designated billing office has received a proper invoice.
2. The 30th day after Government acceptance of supplies delivered or services performed.

B. The due date for making invoice payments for meat and meat food products, perishable agricultural commodities, dairy products, and edible fats or oils, shall be in accordance with the Prompt Payment Act, as amended.

ELECTRONIC INVOICE SUBMISSION

The current national emergency and the need to protect Federal and Contractor staff has resulted in a change to NIH’s invoice submission process. Effective Wednesday, April 1, 2020, all NIH contractors/vendors invoices should be sent electronically via email to the NIH Office of Financial Management (OFM) and the NIH Contracting Officer (CO) using the below electronic submission instructions. 

On March 30, 2020, Governor Hogan issued a stay-at-home order for the state of Maryland where residents should not leave their homes unless it is for an essential purpose.  Stay-at-home orders were also issued by the state of Virginia and the District of Columbia. Therefore, any mailed contractor/vendor invoices will be processed by NIH; however, significant delays are expected due to staff teleworking and complying with the stay-at-home orders.  It is important that NIH contractors/vendors follow the attached procedures in order to ensure smooth processing of invoices and timely payment.

Interest Penalties

A. An interest penalty shall be paid automatically, if payment is not made by the due date and the conditions listed below are met, if applicable.

1. A proper invoice was received by the designated billing office.
2. A receiving report or other Government documentation authorizing payment was processed and there was no disagreement over quantity, quality, or contractor compliance with a term or condition.
3. In the case of a final invoice for any balance of funds due the contractor for supplies delivered or services performed, the amount was not subject to further settlement actions between the Government and the Contractor.

B. Determination of interest and penalties due will be made in accordance with the provisions of the Prompt Payment Act, as amended, the Contract Disputes Act, and regulations issued by the Office of Management and Budget.

PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS, FAR 52.232-40 (December 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.

Include the substance of this clause, include this paragraph c, in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items. 

6.0 CLAUSES AND PROVISIONS

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS -- COMMERCIAL ITEMS (MAR 2020)

(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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017)    (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent      appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805note)).

(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:

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved].

___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101note).

___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

          ___ (10) [Reserved].

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C.657a).

                 ___ (ii) Alternate I (Mar 2020) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

                   ___ (ii) Alternate I (Mar 2020) of 52.219-4.

___ (13) [Reserved]

___ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Mar 2020) (15 U.S.C.644).

                   ___ (ii) Alternate I (Mar 2020).

                   ___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Mar 2020) (15 U.S.C. 644).

                   ___ (ii) Alternate I (Mar 2020) of 52.219-7.

                   ___ (iii) Alternate II (Mar 2004) of 52.219-7.

_X_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Mar 2020) (15 U.S.C. 637(d)(4)).

                  ___ (ii) Alternate I (Nov 2016) of 52.219-9.

                  ___ (iii) Alternate II (Nov 2016) of 52.219-9.

                  ___ (iv) Alternate III (Mar 2020) of 52.219-9.

                  ___ (v) Alternate IV (Aug 2018) of 52.219-9

___ (18) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C.637(a)(14)).

___ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020) (15 U.S.C. 657f).

_X_ (22)(i) 52.219-28, Post Award Small Business Program Rerepresentation (Mar 2020) (15 U.S.C. 632(a)(2)).

                 ___ (ii) Alternate I (MAR 2020) of 52.219-28.

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Mar 2020) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Mar 2020) (15 U.S.C. 637(m)).

_X_ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

_X_ (26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15 U.S.C. 637(a)(17)).

_X_ (27) 52.222-3, Convict Labor (June 2003) (E.O.11755).

 _X_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020) (E.O.13126).

_X_ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (30) (i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).

                  ___ (ii) Alternate I (Feb 1999) of 52.222-26.

_X_ (31)(i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

                  ___ (ii) Alternate I (July 2014) of 52.222-35.

_X_ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793).

                 ___ (ii) Alternate I (July 2014) of 52.222-36.

_X_ (33) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

___ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

___ (35)(i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627).

                 ___ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter78 and E.O. 13627).

___ (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (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.)

___ (37) (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.)

___ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

___ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

___ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

                 ___ (ii) Alternate I (Oct 2015) of 52.223-13.

___ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

                  ___ (ii) Alternate I (Jun 2014) of 52.223-14.

___ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

                 ___ (ii) Alternate I (Jun 2014) of 52.223-16.

_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

___ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

___ (46) 52.223-21, Foams (Jun 2016) (E.O. 13693).

___ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

                  ___ (ii) Alternate I (Jan 2017) of 52.224-3.

___ (48) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).

___ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

                         ___ (ii) Alternate I (May 2014) of 52.225-3.

                         ___ (iii) Alternate II (May 2014) of 52.225-3.

                         ___ (iv) Alternate III (May 2014) of 52.225-3.

___ (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (51) 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).

___ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.4505, 10 U.S.C.2307(f)).

___ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.4505, 10 U.S.C.2307(f)).

_X_ (57) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332).

___ (58) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C.3332).

___ (59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).

___ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (61) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

___ (62) (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.

                 ___ (iii) Alternate II (Feb 2006) 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:

            ___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

            ___ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

            ___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

            ___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

            ___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

            ___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

            ___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

            ___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

            ___ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

            ___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

(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-

1. 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
    
2. 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions))
    
3. 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
    
4. 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).
    
5.  52.219-8, Utilization of Small Business Concerns (Oct 2018) (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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
    
6. 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.
    
7. 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
    
8. 52.222-26, Equal Opportunity (Sept 2015) (E.O.11246).
    
9. 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C.4212).
    
10. 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793).
     
11. 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C.4212)
     
12. 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
     
13. 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).
     
14. (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O 13627).
    (B) Alternate I (Mar 2015) of 52.222-50(22 U.S.C. chapter 78and E.O 13627)
15. 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
16. 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67)
17. 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).
18. 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
19. 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).
20. (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
    (B) Alternate I (Jan 2017) of 52.224-3.
21. 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
22. 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
23. 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.

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): http://www.acquisition.gov/far/ and/or http://www.hhs.gov/policies/hhsar/.

FEDERAL ACQUISITION REGULATION (FAR) (48 CFR CHAPTER 1) PROVISIONS:

FAR 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014)

FAR 52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS-REPRESENTATION (JAN 2017)

FAR 52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS (JAN 2017)

FAR 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2019)

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS (OCT 2018)

FAR 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

FAR 52.247-35 F.O.B. DESTINATION, WITHIN CONSIGNEE’S PREMISES (APR 1984)

HEALTH AND HUMAN SERICES ACQUISITION REGULATION (HHSAR) (48 CFR CHAPTER 3) PROVISIONS:

HHSAR 352.203-70 ANTI-LOBBYING (DEC 2015)

HHSAR 352.208-70 PRINTING AND DUPLICATION (DEC 2015)

HHSAR 352.222-70 CONTRACTOR COOPERATION IN EQUAL EMPLOYMENT OPPORTUNITY INVESTIGATION (DEC 2015)

HHSAR 352.224–7 CONFIDENTIAL INFORMATION (DEC 2015)

HHSAR 352.227–70 PUBLICATIONS AND PUBLICITY (DEC 2015)

HHSAR 352.237–74 NON-DISCRIMINATION IN SERVICE DELIVERY (DEC 2015)

SOLICITATION PROVISIONS

FAR 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (DEC 2019)

(a) Definitions. As used in this provision—

Covered telecommunications equipment or services, Critical technology, and Substantial or essential component have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipmen

(b) Prohibition. 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. Contractors are not prohibited 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.

(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—

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.

(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will” provide covered telecommunications equipment or services”, the Offeror shall provide the following information as part of the offer—

1. A description of all covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);
2. Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision;
3. For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and
4. For equipment, 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).

FAR 52.211-6 BRAND NAME OR EQUAL (AUG 1999)

(a) If an item in this solicitation is identified as “brand name or equal,” the purchase description reflects the characteristics and level of quality that will satisfy the Government’s needs. The salient physical, functional, or performance characteristics that “equal” products must meet are specified in the solicitation.

(b) To be considered for award, offers of “equal” products, including “equal” products of the brand name manufacturer, must-

(1) Meet the salient physical, functional, or performance characteristic specified in this solicitation;

(2) Clearly identify the item by-

(i) Brand name, if any; and

(ii) Make or model number;

(3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and

(4) Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications.

(c) The Contracting Officer will evaluate “equal” products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.

(d) Unless the offeror clearly indicates in its offer that the product being offered is an “equal” product, the offeror shall provide the brand name product referenced in the solicitation.

FAR 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):http://www.acquisition.gov/far/ and/or http://www.hhs.gov/policies/hhsar/.

FEDERAL ACQUISITION REGULATION (FAR) (48 CFR CHAPTER 1) PROVISIONS:

FAR 52.204-22 ALTERNATIVE LINE ITEM PROPOSAL (JAN 2017)

FAR 52.212-1 INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS (OCT 2018)

FAR 52.212-2 EVALUATION-COMMERCIAL ITEMS (OCT 2014)

FAR 52.214-21 DESCRIPTIVE LITERATURE (APR 2002)

SUBMISSION INSTRUCTIONS/EVALUATION

QUESTIONS

Questions must be submitted electronically via email to Contract Specialist, Adam Hernandez, at [email protected] in MS Word or Adobe Portable Document Format (PDF), no later than 11:00 A.M. EST Monday, April 27, 2020 (04/27/2020). Please be advised that the Government reserves the right to transmit any questions and answers of a common interest to all prospective Contractors.

QUOTATIONS

Quotations must be submitted electronically via email to Contract Specialist, Adam Hernandez, at [email protected] in MS Word or Adobe Portable Document Format (PDF), no later than 11:00 A.M. EST Friday, May 1, 2020 (05/01/2020).

Please refer to solicitation no: 75N91020Q00037 on all correspondence.

BASIS FOR AWARD & EVALUATION

The purchase order will be awarded to the firm that submits the Lowest Price Technically Acceptable (LPTA) quotation. A technically acceptable quote is one in which the quoter(s) complies with the Statement of Need (SON) and does not take exception, nor object to any of the terms of the RFQ. Quotes that are not technically acceptable will not be considered for award. Award will be made on an all or none basis. If you are providing an “equal” product, you must submit additional documentation that highlights and describes how your offering is equal in accordance with FAR Clause 52.211-6.

Evaluation and award will be conducted in accordance with the requirements of FAR 13.106. The technical evaluation will be a determination based on information furnished by the Contractor. The Government is not responsible for locating or securing any information which is not identified in the quotation. The Government intends to evaluate quotations and make a single award. Quotations should contain the quoter’s best terms from a price and technical standpoint. However, the Government reserves the right to request quote revisions that seek additional price discounts, provide revisions to the technical quote, or clarify aspects of the quote. In the event quote revisions are requested, the Government will not necessarily be seeking revisions from all quoters. The Government may reject any or all quotes if such action is in the public interest; accept other than the lowest quote; and waive informalities and minor irregularities in quotes received.

GENERAL INSTRUCTIONS

This Request for Quotation (RFQ) does not commit the Government to pay any cost for preparation and submission of a quote. In addition, the Contracting Officer is the only individual who can legally commit the Government to the expenditure of public funds in connection with this proposed acquisition. By submitting a quote in response to this solicitation, it is understood that your firm’s quote shall become a part of the official contract file.

Quotes must be submitted with a completed copy of FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment, located in the SOLICITATION PROVISIONS section of this RFQ.

Price Quote:

The Quoter shall prepare a price quotation that contains all information necessary to allow for a comprehensive evaluation of the prices quoted. The quote must contain the following information:

a. Federal Tax Identification Number (TIN)

b. Data Universal Numbering System (DUNS) Number

c. Business Size (e.g., small or large)

**Please include a statement to the effect that pricing is firm for a period of at least 60 days from the date of receipt thereof by the Government. **

Bid Protests Not Available