Loren Data's SAM Daily™

FBO DAILY ISSUE OF JULY 23, 2010 FBO #3163
SOLICITATION NOTICE

66 -- Salmonella Kits

Notice Date

7/21/2010
 

Notice Type

Combined Synopsis/Solicitation
 

NAICS

325413 — In-Vitro Diagnostic Substance 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-1070865
 

Archive Date

8/14/2010
 

Point of Contact

William T. Lee, Phone: 3014435863, Doreen Williams,
 

E-Mail Address

william.lee@fda.hhs.gov, doreen.williams@fda.hhs.gov
(william.lee@fda.hhs.gov, doreen.williams@fda.hhs.gov)
 

Small Business Set-Aside

Total Small Business
 

Description

Subject: Laboratory Equipment Solicitation Number: FDA1070865 PART 1 - Description THIS IS A COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS PREPARED IN ACCORDANCE WITH THE FORMAT IN FAR SUBPART 12.6-STREAMLINED PROCEDURES FOR EVALUATION AND SOLICITATION FOR COMMERCIAL ITEMS-AS SUPPLEMENTED WITH ADDITIONAL INFORMATION INCLUDED IN THIS NOTICE. THIS ANNOUNCEMENT CONSTITUTES THE ONLY SOLICITATION; QUOTATIONS ARE BEING REQUESTED, AND A WRITTEN SOLICITATION DOCUMENT WILL NOT BE ISSUED. THIS SOLICITATION IS BEING ISSUED USING SIMPLIFIED ACQUISITION PROCEDURES 13.5. This solicitation is a Request for Quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 05-41. The associated North American Industrial Classification System (NAICS) code for this procurement is 325413. This is an RFQ for laboratory equipment. The requirement is a 100% total small business set-aside. Brand name or equal as a result of this combined synopsis/solicitation that will include the terms and conditions that are set in PART 3. PART 2 - SUPPLIES OR SERVICES AND PRICES/COSTS 2. DESCRIPTION OF SUPPLIES & SERVICES The FDA has a requirement for an estimated twelve Salmonella Kits per year for the next five years. These kits will be used as a way of linking disease in humans to specific foods during foodborne disease outbreaks. 2.1. Contract Type 2.1.1. Indefinite Delivery Indefinite Quantity Contract Vehicle with the issuance of Firm-Fixed Price Delivery Orders. 2.2. IDIQ Guaranteed Minimum Commitment Quantity is 3 kits. 2.3. Maximum Quantity is 60 kits. CLIN Mfr. Part # Description Quantity Price 0001 38220000 Base Year: Premitest Salmonella Kit 12 /yr $ 0002 38220000 Option Year#1 12 /yr $ 0003 38220000 Option Year#2 12/ yr $ 0004 38220000 Option Year#3 12/ yr $ 0005 38220000 Option Year#4 12/ yr $ PART 3 - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT 3. BACKGROUND AND OBJECTIVES The Division of Microbiology in the Office of Regulatory Science has a DSM PremiTest Salmonella serotyping system from DSM. The PremiTest for Salmonella is an automated PCR-based serotyping system for Salmonella. The genus Salmonella is divided into 2 species: Salmonella enterica and Salmonella bongori. These 2 species are further divided into 2500+ serotypes: approximately 2560 Salmonella serotypes within S. enterica and 22 within S. bongori. FDA uses serotype information as a way of linking disease in humans to specific foods during foodborne disease outbreaks. In cases where a culture has gone "rough", traditional serotyping is impossible. The PremiTest can serotype pure isolates in a few of hours, thus reducing costs and accelerating the epidemiological process significantly so that outbreak related foods can be quickly removed from the US food supply. Brand Name or Equal (DSM Premitest B.V.) 3.1.1. Salient Characteristics of the laboratory supplies: 3.1.1.1 Physical: • Each Salmonella test kit shall be packed in 2 boxes. Box#1 shall be stored at room temperature (20 to 25 degrees Celsius); contents shall include: 1) 10-003, Array Tubes, 6 bags of each 4 tubes (total 24). 2) 9-0007, Detection Buffer, 1 bottle 80 ml. 3) 9-0015, Lysis Buffer, 1 bottle 10 ml. 4) 9-0014, Staining Solution, 1 bottle 5 ml. 5) 9-0020, Colony Samplers, 1 vial sterile colony samplers. • Box#2 shall be stored at -/-20 Degrees Celsius; Contents shall include: 1) 9-0022, Blue tray, 24 x3 tubes, 2.5 ul reagent/tube. 2) 9-0021, Solution A, 1 tube (amber cap) 600 ul. 3) 9-0003, Solution B1, 1 tube (purple cap) 1600 ul. 4) 9-0004, Solution B2, 1 tube (blue cap) 120 ul. 5) 9-0005, Solution C1, 1 tube (yellow cap) 1600 ul. 6) 9-0006, Solution C2, 1 tube (red cap) 120 ul. 7) 9-0027, Conjugate, 1 tube (green cap) 100 ul. 3.1.1.2 Performance: • Kits shall be compatible with current FDA Array Tube reader already in use. The salient characteristics of the Array Tube Reader are described below. 3.2.1 Salient Characteristics of Compatible piece of Equipment: • The Array Tube Reader (ATR) is the camera/reader used to make a picture of the micro array tube at the end of the detection phase. It detects the presence/absence pattern of DNA spots to determine whether the isolates are Salmonella---and if yes, which serotype. PART 4 - PACKING, MARKING AND SHIPPING 4. All deliverables required under this contract shall be packaged, marked and shipped in accordance with Government specifications. At a minimum, all deliverables shall be marked with the contract number and contractor name. 4.1. The Contractor shall guarantee that all required materials shall be delivered in immediate usable and acceptable condition. PART 5 - INSPECTION AND ACCEPTANCE 5. The Contracting Officer's Technical Representative (COTR) will perform inspection and acceptance of materials and services to be provided. 5.1. For the purpose of this PART, (COTR - to be determined upon contract award) is the authorized representative of the Contracting Officer. 5.2. Inspection and acceptance will be performed at the locations identified in 6.1.3. Acceptance is communicated in writing unless otherwise indicated in writing by the Contracting Officer or COTR within 30 days of receipt. 5.2.1. System installation by authorized service engineer at FDA site. The installer of the laboratory instrument shall test the equipment to ensure that it is fully functional before FDA accepts the delivery. 5.3. This contract incorporates the following clause, 52.246-2 Inspection of Supplies-Fixed Price (Aug 1996) by reference, with the same force and effect as if it was given in full text. Upon request, the Contracting Officer will make its full text available. PART 6 - DELIVERIES OR PERFORMANCE 6. DELIVERIES 6.1.1. Satisfactory performance of this contract shall be deemed to occur upon performance of the work described in the Statement of Work in PART 3 of this contract and upon delivery and acceptance by the Contracting Officer, or the COTR, of the services, plans and reports required at the dates specified within PART 3 of this contract. 6.1.2. Deliveries required by the contractor shall be made F.O.B. destination to the address/addressee listed below: 6.1.3. DELIVERY POINT: FDA 5100 Paint Branch Pkwy College Park, Maryland 20740 6.1.4. Unless otherwise specified, deliveries shall be made to the Delivery Point specified above, Monday through Friday (excluding Federal Holidays, see PART 8) between the hours of 8:30 a.m. and 5:30 p.m. EASTERN TIME only. Supplies or services scheduled for delivery on a Federal holiday shall be made the next business day. PART 7 - CONTRACT ADMINISTRATION DATA 7. CONTRACTING OFFICERS TECHNICAL REPRESENTATIVE (COTR) 7.1. The following COTR will represent the Government for the purpose of this contract: (To Be Determined Upon Contract Award) 7.1.1. 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. 7.1.2. 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. 7.1.3. The contact information for the Contracting Officer is: William Lee 5630 Fishers Lane Rockville, MD 20857 William.Lee@fda.hhs.gov; Tel: (301) 433-5863; Fax: (301) 827-7106 7.2. INVOICE SUBMISSION 7.2.1. Pursuant to the provisions of the following FAR Clauses: 52.232-25 Prompt Payment; 52.232-33, Payment by Electronic Funds Transfer - Central Contractor Registration; the Contractor shall submit invoices for costs incurred and claimed for reimbursement in accordance with the following instructions. 7.2.1.1. In accordance with clause 52.232-33 all payments made under this contract shall be made using electronic funds transfer through the Automated Clearing House (ACH). The Contractor shall provide the following information to the Food and Drug Administration, Office of Financial Management, Systems Accounting Branch, HFA-120, 5600 Fishers Lane, Rockville, MD 20857 no later than 14 days prior to submission of the first invoice: • FDA contract number Name and address of contractor • Invoice date and invoice number • Contract number including task order number and contract line item number • Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed • Shipping and payment terms • Name and address of contractor official to whom payment is to be sent • Taxpayer Identification Number • Electronic Funds Transfer (EFT) banking information (if required in the contract) Routing transit number of the financial institution receiving payment. • Contractor's DUNS number 7.2.1.2. An original shall be submitted via email to the attention of the designated Contract Specialist at the following address: HHS/FDA/OAGS/DAO 5630 Fishers Lane Rockville, MD 20857 Attention: William Lee, Contract Specialist 7.2.2. Final payments will occur upon verification by the FDA Project Officer and the FDA Technical Advisor, noting successful integration and proper functionality of the laboratory equipment. 7.2.3. Payment will be made after acceptance and receipt of a proper invoice, and in accordance with the pricing matrix described in Pricing Terms. 7.2.3.1. Payment will be made on a firm fixed price basis in accordance with the pricing matrix. PART 8 - SPECIAL CONTRACT REQUIREMENTS 8. Government Holidays 8.1.1. Workplace is not available on the Government Holidays stated below, or as prescribed by an Executive Order (EO) or OPM.gov due to inclement weather. January (New Year's Day) January (Martin Luther King Day) February (President's Day) May (Memorial Day) July (Independence Day) September (Labor Day) October (Columbus Day) November (Veterans Day) November (Thanksgiving) December (Christmas Day) PART 9 - CONTRACT CLAUSES 9.1. 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: www.acquisition.gov/far/index.html. FAR Clause Description Date 52.212-1 Instructions to Offerors-Commercial Items (June 2008) 52.212-4 Contract Terms and Conditions-Commercial Items (Mar 2009) 52.203-5 Covenant Against Contingent Fees (Apr 1984). 52.203-7 Anti-Kickback Procedures (Jul 1995). 52.216-24, Limitation of Government Liability (Apr 1984). 52.233-2 Service of Protest (Sep 2006) 52.247-35 F.O.B. Destination within Consignees Premises (April 1984) 52.211-6 Brand Name or Equal (Aug 1999) 52.217-4 Evaluation of Options Exercised at Time of Contract Award (June 1988) 52.217-6 Option for Increased Quantity (Mar 1989) 9.2. FAR CLAUSES BY FULL TEXT 52.216-18, Ordering (Oct 1995) (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 8/1/10 through 7/31/15. (b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control. (c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule. 52.216-19, Order Limitations (Oct 1995) (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 3 Kits, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. (b) Maximum order. The Contractor is not obligated to honor- (1) Any order for a single item in excess of 12 each per year; (2) Any order for a combination of items in excess of 12 each per year; or (3) A series of orders from the same ordering office within 10 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section. (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section. (d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source. 52.216-22, Indefinite Quantity (Oct 1995) (a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum." (c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after _7/31/15. 52.217-9, Option to Extend the Term of the Contract (Mar 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 (years). 52.212-3 Offeror Representations and Certifications-Commercial Items. (Aug 2009) An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (m) of this provision. (a) Definitions. As used in this provision- "Emerging small business" means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated. "Forced or indentured child labor" means all work or service- (1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or (2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties. "Inverted domestic corporation" means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). "Manufactured end product" means any end product in Federal Supply Classes (FSC) 1000-9999, except- (1) FSC 5510, Lumber and Related Basic Wood Materials; (2) Federal Supply Group (FSG) 87, Agricultural Supplies; (3) FSG 88, Live Animals; (4) FSG 89, Food and Related Consumables; (5) FSC 9410, Crude Grades of Plant Materials; (6) FSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) FSC 9610, Ores; (9) FSC 9620, Minerals, Natural and Synthetic; and (10) FSC 9630, Additive Metal Materials. "Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture. "Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate- (1) Are conducted under contract directly and exclusively with the regional government of southern Sudan; (2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; (3) Consist of providing goods or services to marginalized populations of Sudan; (4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization; (5) Consist of providing goods or services that are used only to promote health or education; or (6) Have been voluntarily suspended. "Service-disabled veteran-owned small business concern"- (1) Means a small business concern- (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16). "Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation. "Veteran-owned small business concern" means a small business concern- (1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans. "Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women. "Women-owned small business concern" means a small business concern- (1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. (b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the Online Representations and Certifications Application (ORCA) website. (2) The offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________. [Offeror to identify the applicable paragraphs at (c) through (n) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.] 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items. 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: __ (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 (July 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). __ (7) [Reserved] X (8)(i) 52.219-6, Notice of Total Small Business Set-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. _X (12) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)). __ (13) 52.219-16, Liquidated Damages-Subcon-tracting 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). _X (18) 52.219-28, Post Award Small Business Program Representation (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 (Sept 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 (Sept 2006) (38 U.S.C. 4212). _X (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.) __ (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. _X (30) 52.225-1, Buy American Act-Supplies (Feb 2009) (41 U.S.C. 10a-10d). __ (31)(i) 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act (June 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, 108-302, 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 (June 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.). _X (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) (41 351, 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 (Sept 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 (Sept 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)). _X 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 obligation. 9.3. HHSAR CLAUSES INCORPORATED BY REFERENCE 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: http://www.gpoaccess.gov/cfr/index.html. FAR Clause Description Date 352.202-1 Definitions (Jan 2006) 352.215-70 Late proposals and revisions (Jan 2006) 352.223-70 Safety and health (Jan 2006) 352.224-70 Confidentiality of information (Jan 2006) 352.228-7 Insurance--Liability to third persons (Dec 1991) 352.232-9 Withholding of contract payments (Jan 2006) 352.233-70, Litigation and claims (Jan 2006) 352.242-71, Final decisions on audit findings (Apr 1984) 352.249-14, Excusable delays (Jan 2006) 352.270-1, Accessibility of meetings, conferences, and Seminars to persons with disabilities (Jan 2001) 352.270-10 Anti-lobbying (Jan 2006) 352.270-11 Privacy Act (Jan 2006) 352.270-13 Tobacco-free facilities (Jan 2006) PART 10 - INSTRUCTIONS TO THE OFFERORS 10. OFFEROR INSTRUCTIONS QUESTIONS DEADLINE: All questions shall be submitted via email William.Lee@fda.hhs.gov before 4:30 pm (1630) EASTERN TIME on 26 July 2010. RFQ Due Date: All quotes and revisions shall be submitted via email William.Lee@fda.hhs.gov before 4:30 PM (1630) Eastern Time on 30 July 2010. 10.1. Quote Format The cover letter shall include price (s); FOB point; a poc (name and telephone number); a statement from the offeror verifying that they are CCR Registered under NAICS code 325413; delivery date (delivery date is of the utmost importance); business size; and payment terms. Offerors shall ensure the RFQ number is visible in the header of the email. FAX QUOTES SHALL NOT BE ACCEPTED. 10.2. Technical Proposal The Offeror shall address these factors in descending order of importance as follows: 10.2.1. Technical Capability 10.2.2. The Offeror shall provide documentation that they are an authorized manufacturer distributer/reseller of these kits. 10.2.3. The Offeror shall demonstrate Salmonella kit compatibility with FDA's array tube reader already in use. 10.3.1 Past Performance 10.3.2 The Offerer shall submit a list of three (3) reference contracts. Contracts listed may include those entered into by the Federal Government, agencies of State and Local governments and commercial customers. Offerors that are newly formed entities without prior contracts should list contracts and subcontracts as required above. The reference list of the three (3) references shall include the following information for each contract and subcontract: 1. Name of Contracting activity. 2. Contract Number. 3. Contract type. 4. Total Contract value. 5. Contract Work. 6. Contracting Officer and Telephone Number 7. Program Manager and telephone Number 8. Administrative Contracting Officer, if different from#6, and telephone number. 10.4.1 Price Proposal 10.4.2 The Offeror shall submit a complete pricing matrix for a firm fixed price as indicated in PART 2, 2.3. PART 11 - EVALUATION FACTORS FOR AWARD 11 EVALUATION FACTORS The offeror's ability to demonstrate/describe the following factors as noted in PART 10. 11.4 Technical Capability - Sub-factors are of equal weight 11.4.2 The Offeror has documented that they are an authorized manufacturer distributer/reseller. 11.4.3 The Offeror meets the design of the laboratory Supplies salient characteristics noted in PART 3. 11.5 Past Performance 11.2.1 The Offeror shall demonstrate they have provided the same or similar supplies to the Government or three other companies within the last 5 years. 11.3. Price Proposal 11.3.1. The price proposal shall represent the Offeror's response to the requirements of the solicitation. The Government will evaluate the total price of the base year and option year contract line items, if applicable. In addition, this evaluation will include an assessment of the Offeror's proposal for completeness, realism, reasonableness and risk. 11.3.2. The Offeror ability to submit a complete pricing matrix for a firm fixed-price as indicated in PART 2, 2.3. EVALUATION AWARD CRITERIA: Award will be made to the party whose quote offers the best value to the Government, technical, past performance and price. The Government may award this contract to other than the lowest price technically acceptable quote. The Government will evaluate information based on the following evaluation criteria to meet or exceed the requirements: 1) Technical Capability, 2) Past Performance and 3) Price. Technical Capability when combined with Past Performance is significantly more important than price. When all other factors are equal, price becomes the determining factor.
 

Web Link

FBO.gov Permalink
(https://www.fbo.gov/spg/HHS/FDA/DCASC/FDA-SOL-1070865/listing.html)
 

Place of Performance

Address: FDA, 5100 Paint Branch Pkwy, College Park, Maryland, 20740, United States

Zip Code: 20740
 

Record

SN02213343-W 20100723/100721235534-f22c7181d13969cc850fcb3d2e0e735a (fbodaily.com)
 

Source

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