SOLICITATION NOTICE
66 -- Flow Cytometric Cell Sorter - SB Subcontracting Plan
- Notice Date
- 6/11/2014
- 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, 3900 NCTR Road, HFT-320, Bldg 50 | Rm 421, Jefferson, Arkansas, 72079, United States
- ZIP Code
- 72079
- Solicitation Number
- 14-223-SOL-00090
- Archive Date
- 7/15/2014
- Point of Contact
- Crystal G. McCoskey, Phone: 8705437267
- E-Mail Address
-
crystal.mccoskey@fda.hhs.gov
(crystal.mccoskey@fda.hhs.gov)
- Small Business Set-Aside
- N/A
- Description
- Small Business Subcontracting Plan This is a combined synopsis/solicitation for commercial items prepared in accordance with the Federal Acquisition Regulation (FAR) format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. The government intends to issue a Purchase Order in accordance with FAR PART 13.106 for the requirement under Simplified Acquisition Procedures under the authority of FAR PART 13.5. The solicitation number is 14-223-SOL-00090 and this solicitation is issued as a Request for Quote (RFQ). RESPONSE DATE: 06/30/2014 The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-74 effective May 30, 2014. The associated North American Industry Classification System (NAICS) Code is 334516- Analytical Laboratory Instrument Manufacturing. FSC Code is 6640. Small Business Size Standard is 500 employees. Acquisition is unrestricted. Contract Type: Commercial Item-Firm Fixed Price. REQUIREMENTS: Part I: General Information A. Introduction The CBER has a requirement for one (1) Flow Cytometric Cell Sorter to include inside delivery, installation, standard installation/performance testing, training, warranty and up to four (4) 1-year option periods for post-warranty maintenance to analyze cells for various functional and phenotypic attributes. Furthermore, CBER requires a Flow Cytometric Cell Sorter with the ability to physically separate cells, either for culture or other purposes. The functional and phenotypic attributes stated above can range from simple size differences to as many as 20 unique features for analysis and sorting. The instrument required shall have as many detectors and independent excitation sources to achieve the range of the necessary analytical goals, and provide laser expandability. The instrument shall provide an optical design to maximize sensitivity for fluorescence detection. B. Background CBER presently has four (4) Becton Dickinson (BD) FACS-type instruments in operation: BD Fluorescence-Activated Cell Sorting (FACS) Aria IIu, Serial No. P69500102; BD LSR Fortessa, Serial No. H64717700037; BD LSRII, Serial No. H1110; and BD LSRFortessa X-20, Serial No. H656385001. Another Cell Sorter, BD FACSAria III Fusion - Serial Number 5000304530, is scheduled to be installed soon into the new FDA White Oak facility currently in construction. While none of these systems physically interface, all are operated with BD FACSDiva software and operate similarly regarding data output, lasers/optics, fluidics, etc. In order to avoid / minimize scientific and technical disruption, the system shall provide a solution for compatibility with the current technology in use. C. Scope The Contractor shall provide one (1) completely configured, high content, Flow Cytometric Cell Sorter to optimally achieve the work described above to include, but not be limited to all necessary accessories, software, hardware, drivers, libraries, equipment, supplies, adapters, cables, workstations/monitors, filters, lasers, plates, slides, tubes, as a safe, seamless, turn-key solution. The Contractor shall be responsible for inside delivery, installation, standard installation/performance testing, training, warranty and up to four (4) 1-year option periods for post-warranty maintenance. This system will provide analytical and sorting flow cytometry for a wide range of applications and CBER core clients. In order to expand access and ease scheduling restrictions, the CBER core is responsible for training core clients to operate the systems. For this purpose, ease-of-use features are important. The system shall operate optimally without requiring daily optical alignment. Additionally, daily performance evaluations shall be automated, and the daily performance evaluation shall provide updates to optimized instrument settings (maximizing signal resolution and sensitivity). These optimized settings shall be included automatically as part of the experiment protocol setup. These protocols shall be savable, and updated automatically according to the automated performance evaluation process. Part II: Work Requirements A. Technical Requirements The system shall: • Have a minimum of five (5) lasers. • Provide a cuvette flow cell, gel coupled to the fluorescence objective lens. • Shall automatically rinse the inside and outside of the sample sipper after each sample. • Be capable to perform to the following list of optical filter options to include Detector optics, required laser lines, and the likely fluorochromes to be used: Laser LongPass Filter BandPass Filter Possible Fluorochromes UV (355nm) -- 379/28 Brilliant Violet (BV) UV 685LP 730/45 BUV 340 Blue (488nm) 505LP 525/50 FITC 670LP 710/50 PerCP-Cy5.5 Violet (405nm) -- 450/50 BV421 505LP 525/50 BV 510 595LP 610/20 BV 605 635LP 670/30 BV 650 695LP 710/50 BV 711 750LP 780/60 BV 786 YellowGreen (561nm) 550LP 575/26 PE 600LP 610/20 PE-Texas Red 635LP 670/30 PE-Cy5 685LP 710/50 PE-Cy5.5 740LP 780/60 PE-Cy7 Red (640nm) -- 670/30 APC 690LP 730/45 Alexa 700 750LP 780/60 APC-Cy7 B. Installation, Testing and Training Requirements: The Contractor shall provide all labor, travel, and tools to install the equipment at the address provided below, to include inside delivery. The equipment shall be tested once installed to verify all aspects of the system are operating within parameters of the required specifications. The Contractor shall demonstrate upon completion of installation and testing that the item meets all specifications. All standard information on the equipment, including but not limited to User Manuals, Operation and Maintenance (O&M) Manuals, Material and Safety Data Sheets (MSDS), troubleshooting guides and any other applicable documentation, shall be provided upon installation of the system. Upon acceptance of the system, training shall be provided to a minimum of two (2) attendees/users by the Contractor's trained and certified personnel. C. Service Requirements: At a minimum, the Contractor shall provide the following services during the option periods for post-warranty periods: - Two (2) preventative maintenance visits per contract year inclusive of all labor, travel, and parts, components, subassemblies, etc. necessary to provide the service. - Unlimited on-site corrective/remedial maintenance/repairs to be scheduled at the time of service request within five (5) calendar days from service call. On-site repair service shall be inclusive of all labor, travel, certified replacement parts, components, subassemblies, etc. needed to return the system to operational capacity. - Unlimited technical support and trouble-shooting assistance, Mondays - Fridays (excluding Federal Holidays) between the hours of 7:00 AM - 5:00 PM Eastern Time, within 8 business hours of contact for assistance (e.g., telephone-based, email-based, website-based, etc.) - Formally trained and certified technicians/engineers for all maintenance and repair activities performed, following Original Equipment Manufacturer (OEM) specifications, manuals, and service bulletins, using new OEM replacement parts, components, subassemblies, etc. - Unlimited software and firmware updates. - The Contractor shall, commensurate with the completion of each service call (inclusive of warranty service), provide the end-user of the equipment with a copy of a field service report/ticket by email identifying the equipment name, manufacturer, model number, and serial number of the equipment being serviced/repaired and detailing the reason for the service call, a detailed description of the work performed, the test instruments or other equipment used to affect the repair or otherwise perform the service, the name(s) and contact information of the technician who performed the repair/service, and for information purposes, the on-site hours expended and parts/components replaced. In addition, the Contractor shall provide a written report to the FDA Contracting Officer's Representative and Contract Specialist by email, summarizing all maintenance and repair activities (including warranty work) each time service and/or repair is performed. Part III: Supporting Information A. Place of Performance Physical location for inside delivery, installation, testing, training and maintenance of the system at: U.S. Food and Drug Administration Bldg 52, Room 1151 (White Oak Standard Flow Lab) 10903 New Hampshire Avenue Silver Spring, MD 20993 Delivery, installation, testing, training and maintenance shall be coordinated with the COR (to be provided with contract). B. Period of Performance Delivery of Flow Cytometer System, to include inside delivery, installation, testing, and training expected within ninety (90) calendar days of award with up to four (4) 1-year post-warranty maintenance option periods. Schedule of Items: 0001 -Flow Cytometer- 1 each, in accordance with specifications above tiny_mce_marker____________ to include all components, inside delivery, installation, testing, and training. 0002 - Option Period 1, Post-Warranty Maintenance tiny_mce_marker____________ 0003 - Option Period 2, Post-Warranty Maintenance tiny_mce_marker____________ 0004 - Option Period 3, Post-Warranty Maintenance tiny_mce_marker____________ 0005 - Option Period 4, Post-Warranty Maintenance tiny_mce_marker____________ Total tiny_mce_marker____________ FAR and HHSAR Clauses and Provisions incorporated by reference may be obtained at: http://www.acquisition.gov/far/ The provision at FAR 52.212-1, Instructions to Offerors- Commercial Items, applies to this solicitation. Addenda to this provision are as follows: Offerors are afforded the opportunity to inspect the site for installation of the equipment prior to solicitation response date by contacting the Contract Specialist, Crystal G. McCoskey, crystal.mccoskey@fda.hhs.gov, phone: 870-543-7267, before June 25, 2014 to schedule an appointment. Failure to inspect the installation location will not relieve the successful Offeror from fully meeting the requirements of the resulting contract at the price offered. Proposal Submission Instructions The government is not responsible for locating or securing any information, which is not identified in the proposal. To ensure information is available, offerors shall furnish as part of their proposal all descriptive material necessary for the government to unequivocally determine the equipment offered meets the technical requirements. Proposals shall include technical specifications, descriptive material, literature, brochures and any other information corresponding to each minimum requirement, which demonstrates the capabilities of the equipment to successfully perform in similar applications/outputs as the existing equipment and intended purpose/use stated above. Proposals shall present a solution for compatibility with the existing equipment to achieve research data results similar to those currently used. Additionally, the Offeror shall include any recent and relevant past performance information with their quote. The past performance information shall have been conducted in the past three (3) years for equipment performance/service of the same or substantially similar items, to include date of contract/installation, description (shall also include technical literature and specifications), application of the equipment, any issues with the contract (to include problem resolution facts, reasons for contract any extensions, etc.), OEM, dollar value, client name, client address, client point of contact name, client point of contact phone number, client point of contact email address. All proprietary information shall be clearly marked. Prices provided shall be valid through September 30, 2014. Award subject to availability of funds. Price quotes shall be F.O.B. destination (Inside Delivery) inclusive of shipping and handling expense. Offeror shall include a price breakout for all components within Item No. 0001's extended total, to include detailed description, catalog/part number, quantity, and unit price of each accessory or ancillary item to the system (preferably in an editable electronic format for easy copy/paste, such as Microsoft Word, into Item No. 0001 within any resultant order). Any items offered on GSA Contract shall be indicated on offer as such. The post-warranty maintenance periods will not be funded with the purchase of the equipment. If exercised, funding will be obligated individually each year for the option period exercised via contract modification; the option periods shall be priced accordingly. As prescribed by FAR 19.708(b), because the total contract price is expected to exceed $650,000, large business Offerors shall submit a Subcontracting Plan to include any existing HHS Office of Small and Disadvantaged Business Utilization (OSDBU)-approved mentor-protégé agreement. The Offeror shall submit with its proposal, a subcontracting plan as prescribed in FAR 52.219-9(d). If the Offeror determines that there will not be subcontracting opportunities, the Offeror shall still submit a subcontracting plan and include a statement of circumstances supporting this determination. Small business firms are exempt from this requirement. Failure to submit and negotiate an acceptable subcontracting plan by the time of award shall render the Offeror ineligible for award of a contract. The approved subcontracting plan shall become part of the contract. (See attachment 1) The period of performance for the option periods in any resultant award will be estimated based on the date of award, estimated ultimate delivery of Item No. 0001, and warranty period. If/when Option Period 1 is exercised, the periods of performance for all options will be firmed via bilateral modification. This solicitation is being issued under the premise that the Contractor will certify that the post-warranty maintenance services are exempt from the Service Contract Act per the conditions set forth in FAR 52.222-48 & FAR 22.1003-4(c). If this is the case and the Contractor certifies that is exempt under the terms and conditions of 52.222-48, then clause 52.222-51 will flow per usual from this solicitation to the resulting order. In the event that a Contractor does not make this certification, traditional Service Contract Act clauses 52.222-41, and 52.222-43 shall be included in the resulting order award as well as Wage Determination WD 2005-2103 (Rev.13): http://www.wdol.gov/wdol/scafiles/std/05-2103.txt?v=13 FAR 52.222-48 - Exemption From Application Of The Service Contract to Contracts For Maintenance, Calibration, Or Repair Of Certain Equipment Certification (a) The offeror shall check the following certification: CERTIFICATION The offeror [ ] does [ ] does not certify that- (1) The items of equipment to be serviced under this contract are used regularly for other than Government purposes, and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontractor) in substantial quantities to the general public in the course of normal business operations; (2) The services will be furnished at prices which are, or are based on, established catalog or market prices for the maintenance, calibration, or repair of equipment. (i) An "established catalog price" is a price included in a catalog, price list, schedule, or other form that is regularly maintained by the manufacturer or the offeror, is either published or otherwise available for inspection by customers, and states prices at which sales currently, or were last, made to a significant number of buyers constituting the general public. (ii) An "established market price" is a current price, established in the usual course of trade between buyers and sellers free to bargain, which can be substantiated from sources independent of the manufacturer or offeror; and (3) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract are the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. (b) Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services. If the offeror certifies to the conditions in paragraph (a) of this provision, and the Contracting Officer determines in accordance with FAR 22.1003-4(c)(3) that the Service Contract Act- (1) Will not apply to this offeror, then the Service Contract Act of 1965 clause in this solicitation will not be included in any resultant contract to this offeror; or (2) Will apply to this offeror, then the clause at 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements, in this solicitation will not be included in any resultant contract awarded to this offeror, and the offeror may be provided an opportunity to submit a new offer on that basis. (c) If the offeror does not certify to the conditions in paragraph (a) of this provision- (1) The clause in this solicitation at 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements, will not be included in any resultant contract awarded to this offeror; and (2) The offeror shall notify the Contracting Officer as soon as possible, if the Contracting Officer did not attach a Service Contract Act wage determination to the solicitation. (d) The Contracting Officer may not make an award to the offeror, if the offeror fails to execute the certification in paragraph (a) of this provision or to contact the Contracting Officer as required in paragraph (c) of this provision. (End of provision) The following provisions are incorporated by reference: • FAR 52.209-7, Information Regarding Responsibility Matters, (b) "The offeror [_] has [_] does not have current active Federal contracts and grants with total value greater than $10,000,000." • FAR 52.233-2, Service of Protest (a)"...Jerry Martin, 3900 NCTR Rd, HFT-320, Bldg. 50, Room 434, Jefferson, AR 72079." The provision at FAR 52.212-2 Evaluation-Commercial Items, is applicable to this solicitation. The specific evaluation criteria to be included in paragraph (a) of that provision are as follows: (i) Technical Capability (ii) Recent and Relevant Past Performance (iii) Price (total of Items 0001-0005) Technical Capability and Recent and Relevant Past Performance, which are of equal importance, when combined, are more important, when compared to price. Technical Capability will be evaluated by a review of information submitted by the Offeror, which must unequivocally demonstrate that the items and services proposed meet the Government's requirement, present a complete turnkey solution, provide the necessary ease of use, automation, versatility, and expandability to achieve the goals of the research it will support, and demonstrate successful use of the proposed turn-key solution in similar applications as the existing equipment and the intended purpose/use as stated herein. Recent (within the last 3 years) and Relevant (brand, type, model of equipment, application of equipment) Past Performance will be evaluated by a review of information submitted by the Offeror for same or near-same flow cytometry solutions and will address, at a minimum,, timeliness and quality of delivery and support (i.e., installation, training, warranty, and maintenance services) and small business utilization as an indicator of the likelihood of success under this requirement. The Government reserves the right to consider past performance information from any other source (e.g. Past Performance Information Retrieval System) when evaluating Past Performance. The subcontracting plans will be evaluated for the Offeror's commitment to utilize small businesses, and must be approved by the Contracting Officer. The provision at FAR 52.212-3, Offeror's Representations and Certifications-Commercial Items, applies to this acquisition. The clause at 52.212-4, Contract Terms and Conditions - Commercial Items, applies to this acquisition. Addenda to this clause are as follows: Other Terms and Conditions Inspection and Acceptance The supplies and/or services delivered hereunder shall be inspected and accepted at destination by the contracting officer's representative (COR) specified at award. If the supplies or services are acceptable, the COR shall promptly forward a report of inspection and acceptance to the paying office. If the supplies or services are not acceptable, the COR shall document the nonconforming items/services and immediately notify the contracting officer. Contractor Performance Assessment Rating System (CPARS): (a) Pursuant to FAR 42.1502, this contract is subject to Contractor Performance Assessment System (CPARS). CPARS is an automated centralized information system accessible via the Internet that maintains reports of contractor performance for each contract. CPARS is located at https://www.cpars.gov/. (b) Under CPARS, the Government will conduct annual evaluations of the contractor's performance. The contractor has thirty (30) days after the Government's evaluation is completed to comment on the evaluation. The contractor may request a meeting to discuss the CPAR at any time during the reporting period. (d) The CPARS system requires the Government to assign the contractor a UserID and password in order to view and comment on the evaluation. Provide the name of one individual who will be assigned as your Contractor Representative for CPARS below: Name: Phone: E-mail Address: Invoice Submission The Contractor shall submit an invoice once the equipment is inspected and accepted and in quarterly arrears during the option periods for maintenance in accordance with the following instructions: A. An original and two (2) copies shall be submitted to the attention of the designated Contract Specialist at the following address: Department of Health and Human Services Food and Drug Administration National Center for Toxicological Research Attention: Crystal G. McCoskey, Contract Specialist Office of Acquisitions & Grants Services, HFT-320 3900 NCTR Road, Bldg 50, Rm 426 Jefferson, AR 72079-9502 B. One copy to the COR clearly marked "courtesy copy only". C. Invoices submitted under this contract must comply with the requirements set forth in FAR clauses 52.212-4 (i)(2)(Prompt Payment), FAR 52.232-33 (Payment by Electronic Funds Transfer -System for Award Management), and/or other applicable FAR clauses specified herein. To constitute a proper invoice, the invoice must be submitted on company letterhead and include each of the following: (i) Name and address of the contractor; (ii) Invoice date and invoice number; (iii) Contract number; (iv) Description, quantity, unit of measure, unit price and extended price supplies delivered or services performed; (v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on government bill of lading; (vi) Terms of any discount for prompt payment offered; (vii) Name and address of official to whom payment is to be sent (must be the same as that in the Contract or in a proper notice of assignment); (viii) Name, title, and phone number of person to notify in event of defective invoice; (ix) Taxpayer Identification Number (TIN). (x) Electronic funds transfer (EFT) banking information. (xi) Name and telephone number of the FDA COR referenced on the contract; (xii) An itemization of the amounts requested, related to the various elements of work required by the contract covered by the payment requested. (xiii) A listing of the amount included for work performed by each subcontractor under the contract. (xiv) A listing of the total amount of each subcontract under the contract. (xv) A listing of the amounts previously paid to each such subcontractor under the contract. (xvi) Additional supporting data in a form and detail required by the CO; and (xvii) Any other information or documentation required by the Contract. D. Questions regarding invoice payments should be directed to the FDA payment office at: Food and Drug Administration Attn: Division of Payment Services 3900 NCTR Road, HFT-324 Building 50, 6th floor suite 616 Jefferson, AR 72079 Fax 870-543-7224 nctrinvoices@fda.hhs.gov E. An electronic invoice is acceptable if submitted in adobe acrobat (PDF) format. All items listed in C. (i) through (xvii) of this clause must be included in the electronic invoice. The following clauses are incorporated by reference: • FAR 52.217-9, Option to Extend the Term of the Contract, (a) "...by written notice to the Contractor within one (1) day of contract expiration;...preliminary written notice of its intent to extend at least 30 days before the contract expires." (b) "...shall not exceed four (4) years beyond the warranty expiration." • FAR 52.203-3, Gratuities; FAR 52.203-12, Limitations on Payments to Influence Certain Federal Transactions; FAR 52.203-17, Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights; FAR 52.204-4, Printed or Copied Double-Sided on Postconsumer Fiber Content Paper; FAR 52.223-6, Drug-Free Workplace; FAR 52.225-8, Duty-Free Entry; FAR 52.232-39, Unenforceability of Unauthorized Obligations; FAR 52.232-40, Providing Accelerated Payment to Small Business Subcontractors; FAR 52.242-13, Bankruptcy • HHSAR Clauses: 352.201-70, 352.202-1, 352.203-70, 352.219-70, 352.222-70, 352.231-71, 352.239-70, 352.242-71 The clause at FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items, applies to this acquisition. The following additional FAR clauses cited in this clause are applicable: (b) 52.203-6 Alt I, 52.204-10, 52.209-6, 52.207-9 (if offeror selects "b" in FAR 52.209-7 above); 52.219-4, 52.219-8, 52.219-9, 52.219-16, 52.219-28, 52.222-3, 52.222-19, 52.222-21, 52.222-26, 52.222-35, 52.222-36, 52.222-37, 52.222-40, 52.222-54, 52.223-18, 52.225-5, 52.225-13 and 52.232-33 (c) 52.222-51 Additional Information It is the offeror's responsibility to monitor the internet site for the release of any information related to this combined synopsis/solicitation. Offerors are responsible for delivery in person, by e-mail, fax, mail or other delivery method their complete proposal and any additional documents before 2:00 pm (Central Standard Time - Local Prevailing Time in Jefferson, Arkansas) on June 30, 2014 to crystal.mccoskey@fda.hhs.gov, Fax (870) 543-7990, or mail to the U. S. Food and Drug Administration, FDA/OO/OFBA/OAGS/DAP, Attention of Crystal G. McCoskey, 3900 NCTR Road, Building 50, Room 426 Jefferson, AR 72079-9502. When appropriate, offerors should consult with delivery providers to determine whether their documents will be delivered prior to the scheduled time. For information regarding this solicitation and to schedule a site visit, please contact Crystal G. McCoskey by e-mail at crystal.mccoskey@fda.hhs.gov. Questions and site visits requests regarding this solicitation will be accepted only via email and shall be submitted no later than 09:00 AM CST on June 25, 2014. Please reference solicitation number 14-223-SOL-00090 in subject line of all correspondence. PLEASE NOTE - The above contact information is for the Contracting Office and not necessarily the delivery address. The delivery address is indicated in the Place of Performance section above.
- Web Link
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FBO.gov Permalink
(https://www.fbo.gov/spg/HHS/FDA/NCTR/14-223-SOL-00090/listing.html)
- Place of Performance
- Address: U.S. Food and Drug Administration, Bldg 52, Room 1151 (White Oak Standard Flow Lab), 10903 New Hampshire Avenue, Silver Spring, Maryland, 20993, United States
- Zip Code: 20993
- Zip Code: 20993
- Record
- SN03392626-W 20140613/140611235730-646d11b95ea3c7e0bdbdf148df9272c2 (fbodaily.com)
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