1. 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. 

(ii)        The solicitation number is HHS-NIH-NIDA-CSS-75N95021Q00272 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; FAR Subpart 13.5—Simplified Procedures for Certain Commercial Items; and FAR Part 12—Acquisition of Commercial Items and is expected to exceed the simplified acquisition threshold. The non-competitive determination is based upon the market research conducted as prescribed in FAR Part 10--Market Research, specifically the results of market research concluded no other source of supply or service has the capability to provide a technology upgrade for LSM 900/Crossbeam 550 Z cryo workflow.

(iii)       The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) Number 2021-06, with effective date July 12, 2021.

(iv)       The associated NAICS code is 334516 and the small business size standard is 1000 employees.  This requirement has no set-aside restrictions.

(v)        Purchase Description: See Purchase Description attached.

(vi)      The Government anticipates award of a firm fixed-price purchase order for this acquisition, and the anticipated delivery date is 40 days after receipt of order (ARO). The place of delivery and acceptance will be 251 Bayview Blvd. Baltimore MD 21224.

(vii)      The provision at FAR 52.252-1, Solicitation Provisions Incorporated by Reference (Feb 1998), applies to this acquisition. 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 these addresses:  https://www.acquisition.gov/browse/index/far   https://www.hhs.gov/grants/contracts/contract-policies-regulations/hhsar/index.html   
 

(End of provision)

The following provisions apply to this acquisition and are 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 52.211-6, Brand Name or Equal (Aug 1999)
  • • • FAR 52.212-1, Instructions to Offerors--Commercial Items (MAR 2020)
      • FAR 52.212-3, Offeror Representations and Certifications – Commercial Items (FEB 2021)
      • FAR 52.222-22, Previous Contracts and Compliance Reports (FEB 1999)
• HHSAR 352.239-73, Electronic and Information Technology Accessibility Notice (December 18, 2015)

The clause at FAR 52.252-2, Clauses Incorporated by Reference (Feb 1998), applies to this acquisition. 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 these addresses:

https://www.acquisition.gov/browse/index/far     https://www.hhs.gov/grants/contracts/contract-policies-regulations/hhsar/index.html  

(End of clause)

The following clauses apply to this acquisition and are 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)
      • HHSAR 352.222-70 Contractor Cooperation in Equal Employment Opportunity Investigations (December 18, 2015)

The following provisions and clauses apply to this acquisition and are incorporated as an attachment. Offerors MUST complete the provisions at 52.204-24 and 52.204-26 and submit completed copies as separate documents with their proposal:

• • • • FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Commercial Items (JAN 2021)
      • FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (OCT 2020)
      • FAR 52.204-26 Covered Telecommunications Equipment or Services-Representation (OCT 2020)
      • Invoice and Payment Provisions/Instructions for Submitting Electronic Invoices via Email

(viii)     The provision at FAR clause 52.212-2, Evaluation-Commercial Items, applies to this acquisition.

(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) past performance; (iii) 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.

(ix)       Offerors shall include a completed copy of the provision at FAR clause 52.212-3, Offeror Representations and Certifications-Commercial Items, with its offer.

(x)        The clause at FAR 52.212-4, Contract Terms and Conditions-Commercial Items, applies to this acquisition. Addendum to this FAR clause applies to this acquisition and is attached.

(xi)       There are no additional contract requirement(s) or terms and conditions applicable to this acquisition.

(xii)      The Defense Priorities and Allocations System (DPAS) are not applicable to this requirement.

(xiii)     Responses to this solicitation must include sufficient information to establish the interested parties’ bona-fide capabilities of providing the product or service. The price quote shall include: unit price, list price, shipping and handling costs, delivery days after contract award, delivery terms, prompt payment discount terms, F.O.B. Point (Destination or Origin), product or catalog number(s), product description, and any other information or factors that may be considered in the award decision. Such factors may include: past performance, special features required for effective program performance, trade-in considerations, probable life of the item selected as compared with that of a comparable item, warranty considerations, maintenance availability, and environmental and energy efficiency considerations.

The Dun & Bradstreet Number (DUNS), the Taxpayer Identification Number (TIN), and the certification of business size must be included in the response. All offerors must have an active registration in the System for Award Management (SAM) www.sam.gov.

All quotations must be received by August 3, 2021 at 12:00 pm Eastern Daylight/Standard Time and must reference solicitation number HHS-NIH-NIDA-CSS-75N95021Q00272.  Responses must be submitted electronically to Andrea Clay, Contract Specialist, at [email protected]

Fax responses will not be accepted.

(xiv)     The name and of the individual to contact for information regarding the solicitation:

Andrea Clay

Contract Specialist

[email protected]