SOLICITATION NOTICE
66 -- TurboVap II Workstation - SOW TurboVap II
- Notice Date
- 6/27/2010
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 334516
— Analytical Laboratory Instrument Manufacturing
- Contracting Office
- Department of Health and Human Services, Food and Drug Administration, Office of Acquisitions and Grants Services, 5630 Fishers Lane, Room 2129, Rockville, Maryland, 20857-0001
- ZIP Code
- 20857-0001
- Solicitation Number
- FDA-SOL-10-1076407
- Archive Date
- 7/14/2010
- Point of Contact
- Veronica Dhaness, Phone: 3018279386, Jose Bumbray, Phone: 301-827-9215
- E-Mail Address
-
Veronica.Dhaness@fda.hhs.gov, Jose.Bumbray@fda.hhs.gov
(Veronica.Dhaness@fda.hhs.gov, Jose.Bumbray@fda.hhs.gov)
- Small Business Set-Aside
- N/A
- Description
- SOW TurboVap II THIS IS AN URGENT NEED TO SUPPORT THE FOOD AND DRUG ADMINISTRATIONS ANALYTICAL RESPONSE TO THE DEEPWATER HORIZON OIL SPILL. ANY VENDOR RESPONDING TO THIS SOLICITATION MUST HAVE THE ABILITY TO RESPOND URGENTLY AS IT IS REQUESTED THAT EQUIPMENT BE AT SITE JUNE 30, 2010. 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; quotes are being requested and a written solicitation will not be issued. This synopsis is to notify contractors that the government intends to issue a Purchase Order on a brand name or equal basis in accordance with FAR Part 13 for the following, under simplified acquisition procedures. The Request for Quotes number is FDA-SOL-10-1076407. Provisions and clauses in effect through Federal Acquisition Circular 05-41 are incorporated into this request. It is the contractor's responsibility to be familiar with the applicable clauses and provisions. The provisions and clauses may be accessed in full text at www.acquisition.gov/far. The NAICS code is 334516, Analytical Laboratory Instrument Manufacturing. There is no set-aside for this acquisition. All qualified vendors are encouraged to submit a quote. See Attached Specifications. PACKING, MARKING AND SHIPPING All deliverables required under this contract shall be in accordance with FAR Part 52.212-4 (see Part 9). INSPECTION AND ACCEPTANCE The Contracting Officer's Technical Representative (COTR) will perform inspection and acceptance of materials and services to be provided. For the purpose of this PART, (COTR - to be determined upon contract award) is the authorized representative of the Contracting Officer. Inspection and acceptance will be performed at: the location identified in the attached specifications. Acceptance is communicated in writing unless otherwise indicated in writing by the Contracting Officer or the COTR within 30 days of receipt. DELIVERIES OR PERFORMANCE DELIVERIES Satisfactory performance of this contract shall be twelve months upon successful delivery and acceptance by the Contracting Officer, or the COTR. This may include services, plans and reports required at dates specified in the attached specifications. Deliveries required by the contractor shall be made F.O.B. destination to the address/addressee in the specifications. Unless otherwise specified, deliveries shall be made to the Delivery Point specified Monday through Friday (excluding Federal Holidays between the hours of 8:30 a.m. and 5:30 p.m. LOCAL TIME. Supplies or services scheduled for delivery on a Federal holiday shall be made the next business day. CONTRACT ADMINISTRATION DATA CONTRACTING OFFICERS TECHNICAL REPRESENTATIVE (COTR) The following COTR will represent the Government for the purpose of this contract: (To be determined upon contract award) The COTR is responsible for: (1) monitoring the Contractor's technical progress, including the surveillance and assessment of performance and recommending to the Contracting Officer changes in requirements; (2) interpreting the Statement of Work and any other technical performance requirements; (3) performing technical evaluation as required; (4) performing technical inspections and acceptances required by this contract; and (5) assisting in the resolution of technical problems encountered during performance. The Contracting Officer is the only person with authority to act as agent of the Government under this contract. Only the Contracting Officer has authority to: (1) direct or negotiate any changes in the RFQ; (2) modify or extend the period of performance; (3) change the delivery schedule; (4) authorize reimbursement to the Contractor any costs incurred during the performance of this contract; or (5) otherwise change any terms and conditions of this contract. The contact information for the Contracting Officer is: Veronica Dhaness Contract Specialist 5630 Fishers Lane Rockville, MD 20857 firstname.lastname@fda.hhs.gov THIS IS AN URGENT NEED THEREFORE THERE IS A SHORT RESPONSE TIME FOR RESPONSES. This procurement is to support the FDA's analytical response to the Deepwater Horizon Oil Spill. The FDA will deploy technologies at laboratories in an effort to run the chemical analysis and testing protocols required for reopening waterways. The FDA will review the data generated as a result of the implementation of this protocol, evaluate the accuracy and quality of the data and assess compliance with the agreed criteria. The estimated period of performance for this requirement is 12 months which begins from date of delivery/install and goes until the end of the maintenance period. The U.S. Food and Drug Administration request quote responses from qualified sources capable of providing the requirement (TURBO VAP II Workstation or equal to product) within the time frame specified. Evaluation Factors for Award: The Government shall award a contract resulting from this solicitation to the responsible offeror whose offer is the lowest price technically acceptable offer, which shall represent best value to the Government. Award will be made on the basis of the lowest evaluated price meeting or exceeding the non-cost factor (technical conformance to the requirements of the solicitation). The Government intends to evaluate offers and award a contract without discussions. The offeror's initial offer should contain the offeror's best terms from a price standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the best interest of the Government; accept other than the lowest offer; and waive informalities and minor irregularities in offers received. Evaluation Factors for Award: Lowest price, Technically acceptable. Offerors shall price each item and also clearly state the overall cost to the Government. This is an all or nothing requirement, therefore, vendor shall provide a price for each requirement, otherwise your quote will be determined to be substantially incomplete and not warrant any further consideration. The following factors shall be used to evaluate offers: 1. Technical Features Meeting/Exceeding Salient Requirements (Brand Name or Equal) 2. As technical becomes more equal, pricing becomes most important. Quotation Instructions to Offerors: Offerors are required to submit their quotes in two separate volumes as follows: Volume I - Technical The Offeror shall address these factors as follows: Technical Capability - Sub-factors are of equal weight The Offeror shall provide documentation that they are an authorized manufacturer, distributer or reseller. The Offeror shall demonstrate by explanation, technical brochure or any other supporting documentation that the design of the Offerors TurboVap II addresses the salient characteristics noted in the attached specifications. The Offeror shall demonstrate that they have manufacturer certified technical personnel to install and repair the laboratory equipment so that it does not void the manufacturer's warranty. The Offeror shall demonstrate that they have manufacturer certified technical personnel to handle and respond to technical questions from FDA via phone, email or internet. The Offeror shall document that they have the ability to offer the optional for additional items. The Offeror shall demonstrate that they have manufacturer certified technical engineers to train/instruct FDA staff on the operational features of the laboratory equipment. Volume II - Pricing: This volume shall include the complete pricing of units and all options separately priced. Offerors shall propose pricing for a twelve (12) month period. Volume II-PRICING shall include complete pricing of all units (CLINS) and the delivery of the specified equipment and assocories to each of the requitred eight locations. The completion and submission of the above Volume I and Volume II will constitute an offer (quote) and will indicate the offeror's unconditional assent to the terms and conditions of this RFQ and the attachments hereto. Alternate quote will not be accepted. Objections to the terms and conditions will constitute deficiency, which may render the offer unacceptable. FAR Provisions & Clauses: FAR 52.217-7, Option for Increased Quantity-Separately Priced Line Item; The Government may require the delivery of the numbered line item, identified in the SOW and the PRICING SCHEDULE as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor at anytime before the end of the original contract period of performance. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree. (End of clause) 52.217-8 Option to Extend Services. (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor at anytime before the end of the origial contract period of performance. Delivery of added items shall contiue at the same rate that like items are called for under the contract, unless the parties otherwise agree. (End of clause) FAR 52.203-6 ALT I, Restrictions on subcontractor Sales to the Government; FAR 52.211-6, Brand Name or Equal; FAR 52.212-1, Instructions to Offerors---Commercial Items, apply to this acquisition with the exception of (d), (h), and (i) of the clause, which are RESERVED; FAR 52.212-3, Offeror Representations and Certifications-Commercial Items; FAR 52.212-4, Contract Terms and Conditions---Commercial Items; 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (APR 2010) (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) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). ____ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)). (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78). (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: [Contracting Officer check as appropriate.] _X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). __ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). ___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Mar 2009) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009). ___ (4) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (Mar 2009) (Pub. L. 111-5). ___ (5) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a). ___ (6) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jul 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a). ___ (7) [Reserved] __ (8) (i) 52.219-6, Notice of Total Small Business Aside (June 2003) (15 U.S.C. 644). ___ (ii) Alternate I (Oct 1995) of 52.219-6. ___ (iii) Alternate II (Mar 2004) of 52.219-6. ___ (9) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). ___ (ii) Alternate I (Oct 1995) of 52.219-7. ___ (iii) Alternate II (Mar 2004) of 52.219-7. ___ (10) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)). ___ (11) (i) 52.219-9, Small Business Subcontracting Plan (Apr 2008) (15 U.S.C. 637 (d)(4).) ___ (ii) Alternate I (Oct 2001) of 52.219-9. ___ (iii) Alternate II (Oct 2001) of 52.219-9. __ (12) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)). ___ (13) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). ___ (14) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). ___ (ii) Alternate I (June 2003) of 52.219-23. ___ (15) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Apr 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ___ (16) 52.219-26, Small Disadvantaged Business Participation Program-Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ___ (17) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f). __ (18) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)). _X_ (19) 52.222-3, Convict Labor (June 2003) (E.O. 11755). _X__ (20) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Aug 2009) (E.O. 13126). _X_ (21) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). _X_ (22) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). _X_ (23) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006) (38 U.S.C. 4212). _X_ (24) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793). _X_ (25) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006) (38 U.S.C. 4212). ___ (26) 52.222-54, Employment Eligibility Verification (Jan 2009). (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.) ___ (27) (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.) _X_ (28) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). __ (29) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423). ___ (ii) Alternate I (Dec 2007) of 52.223-16. ___ (30) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C. 10a-10d). _X__ (31) (i) 52.225-3, Buy American Act -Free Trade Agreements - Israeli Trade Act (Jun 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-301, 109-53, 109-169, 109-283, and 110-138). ___ (ii) Alternate I (Jan 2004) of 52.225-3. ___ (iii) Alternate II (Jan 2004) of 52.225-3. ___ (32) 52.225-5, Trade Agreements (Aug 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _X__ (33) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). ___ (34) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). ___ (35) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ___ (36) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). ___ (37) 52.232.30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). _X_ (38) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct. 2003) (31 U.S.C. 3332). ___ (39) 52.232-34, Payment by Electronic Funds Transfer-Other Than Central Contractor Registration (May 1999) (31 U.S.C. 3332). ___ (40) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332). __ (41) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). ___ (42) (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. (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: [Contracting Officer check as appropriate.] ___ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). ___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). ___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C.206 and 41 U.S.C. 351, et seq.). ___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). ___ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.). ___ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.). ___ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). ___ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)). (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- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (ii) 52.219-8, Utilization of Small Business Concerns (May 2004) (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 $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) [Reserved] (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793). (vii) [Reserved] (viii) 52.222-41, Service Contract Act of 1965, (Nov 2007), (41 U.S.C. 351, et seq.) (ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). ___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.) (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.) (xii) 52.222-54, Employment Eligibility Verification (Jan 2009). (xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xiv) 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. (End of Clause) FAR 52.213-2, Invoices Offerors are reminded to include a completed copy of 52.212-3 ALT I with their response, or provide an affirmative response that the offeror is registered in ORCA and all information in ORCA is current and complete. All clauses shall be incorporated by reference or full text in the order. The contractor is requested to hold price quotations for a minimum of 45 days. Other Administrative Instructions: Central Contractor Registration (CCR). In accordance with FAR 52.212-4, Offerors shall be registered in the CCR database to be considered for award. Registration is free and can be completed on-line at http://www.ccr.gov; provide DUNS number; Cage Code and TIN. Quotes shall be submitted by email only as a MS Word or Adobe PDF attachment to Veronica Dhaness at Veronica.Dhaness@fda.hhs.gov. Quotes are due by 2:00 pm Eastern Time on 29 June 2010. Any questions must be addressed to Veronica Dhaness, Veronica.Dhaness @fda.hhs.gov/ 301-827- 9386 Contracting Office Address: 5630 Fishers Lane, Room 2129 Rockville, Maryland 20857-0001 Place of Performance: There are eight Ship To Addresses for this requirement (See Attached Specifications). United States Primary Point of Contact.: Veronica Dhaness Veronica.Dhaness @fda.hhs.gov Phone: 301-827-9386 Secondary Point of Contact: Jose Bumbray Contracting Officer Jose.Bumbray @fda.hhs.gov Phone: 301-827-9215 Fax: 301-827-7039
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