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FBO DAILY - FEDBIZOPPS ISSUE OF JULY 30, 2015 FBO #4997
SOLICITATION NOTICE

66 -- EVOS Imaging System - Terms and Conditions

Notice Date
7/28/2015
 
Notice Type
Combined Synopsis/Solicitation
 
NAICS
334516 — Analytical Laboratory Instrument Manufacturing
 
Contracting Office
Department of Health and Human Services, National Institutes of Health, National Institute of Allergy & Infectious Diseases/AMOB, 5601 Fishers Lane, 3rd Floor MSC 9822, Bethesda, Maryland, 20892, United States
 
ZIP Code
20892
 
Solicitation Number
NOI-RML-E-1749231
 
Archive Date
8/13/2015
 
Point of Contact
Jesse Weidow, Phone: 4063759783, Barbara Horrell, Phone: 406-363-9489
 
E-Mail Address
weidowjd@niaid.nih.gov, horrellb@niaid.nih.gov
(weidowjd@niaid.nih.gov, horrellb@niaid.nih.gov)
 
Small Business Set-Aside
N/A
 
Description
Terms and conditions Document Type: Notice of Intent Solicitation Number: NOI-RML-E-1749231 Posted Date: July 28, 2015 Response Date: August 10, 2015 Set Aside: none NAICS Code: 334516 Classification Code: 66 Cage Code: 1F3R7 Contracting Office Address: Department of Health and Human Services, National Institutes of Health, National Institute of Allergy & Infectious Diseases/AMOB, 10401 Fernwood Drive MSC 4811 Room 2NE70-A, Bethesda, MD 20817 Title: Primary Point of Contact: Secondary Point of Contact Jesse Weidow Barbara Horrell Description: This notice is a Notice of Intent. The Government intends to negotiate on a sole source basis with life Technologies for the procurement of EVOS Auto Cell Imaging System, installation, training, accessories and warranty. This acquisition will be made in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6 "Streamlined Procedures for Evaluation and solicitation for commercial Items," as applicable, and as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are not being requested and a written solicitation will not be issued. Submit offers on NOI-RML-E-1749231 This acquisition is a Notice of Intent (NOI). The solicitation documents and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 05-82 June 8, 2015. The associated North American Industry Classification System (NAICS) code for this procurement is 334516 with a small business size standard of 500. This is not a total small business set aside. Cage Code: 1F3R7 The National Institute of Allergy and Infectious Diseases (NIAID), Laboratory of Infectious Disease (LID), is seeking to purchase Octect RED96 instrument, installation and training, which includes: Shipping charges and warranty must be included in quotation. FOB Point shall be Destination; Bethesda, MD 20814. Place of Performance: National Institutes of Health, NIAID 50 South Drive Bethesda, MD 20814 United States Award will be based on the capability of the item offered to meet the above stated salient characteristics, price, past performance, delivery, warranty, and the best value to the government. The following FAR provisions apply to this acquisition: 52.212-1 Instructions to Offerors Commercial Items (April 2014) FAR 52.212-3 Offerors Representations and Certifications - Commercial Items (May 2014) Offerors must complete annual representations and certifications on-line at http://www.sam.gov in accordance with FAR 52.212-3 Offerors Representations and Certifications- Commercial Items The following contract clauses apply to this acquisition: FAR 52-212-4 Contract Terms and Conditions Commercial Items (May 2014) FAR 52-212.5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Commercial Items (May 2015) 52.203-98, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements - Representation (DEVIATION 2015-02) (FEB 2015) 52.203-99, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements - Representation (DEVIATION 2015-02) (FEB 2015) The applicable subparagraphs of FAR 52.212-4 and FAR52.212-5 are included in the attachment to this posting. See attached Terms and Conditions. Alternate I (Feb 2000). As prescribed in 12.301(b)(4)(i), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to-paragraphs (a), (b), (c), or (d) of this clause" in the redesignated paragraph (d) to read -paragraphs (a), (b), and (c) of this clause." Alternate II (Apr 2015). As prescribed in 12.301(b)(4)(ii), substitute the following paragraphs (d)(1) and (e)(1) for paragraphs (d)(1) and (e)(1) of the basic clause as follows: (d)(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to- i.Examine any of the Contractor's or any subcontractors- records that pertain to, and involve transactions relating to, this contract; and ii.(ii) Interview any officer or employee regarding such transactions. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause, the Contractor is not required to flow down any FAR clause in a subcontract for commercial items, other than- (i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (d)(1)(ii) does not flow down; and (ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (A) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509). (B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (C) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (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 $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (D) 52.222-21, Prohibition of Segregated Facilities (APR 2015) (E) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (F) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212). (G) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (H) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (I) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67). (J) __ (1) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627). __ (2) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627). (K) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67). (L) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67). (M) 52.222-54, Employment Eligibility Verification (Aug 2013). (N) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (O) 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. (P) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) Executive Order 13658). HHSAR 352.222-70 Contractor Cooperation in Equal Employment Opportunity Investigations (January 2010) (a) In addition to complying with the clause in FAR 52.222-26, Equal Opportunity, the Contractor shall, in good faith, cooperate with the Department of Health and Human Services (Agency) in investigations of Equal Employment Opportunity (EEO) complaints processed pursuant to 29 C.F.R. Part 1614. For purposes of this clause, the following definitions apply: (1) "Complaint" means a formal or informal complaint that has been lodged with Agency management, Agency EEO officials, the Equal Employment Opportunity Commission (EEOC), or a court of competent jurisdiction. (2) "Contractor employee" means all current Contractor employees who work or worked under this contract. The term also includes current employees of subcontractors who work or worked under this contract. In the case of Contractor and subcontractor employees, who worked under this contract, but who are no longer employed by the Contractor or subcontractor, or who have been assigned to another entity within the Contractor's or subcontractor's organization, the Contractor shall provide the Agency with that employee's last known mailing address, e-mail address, and telephone number, if that employee has been identified as a witness in an EEO complaint or investigation. (3) "Good faith cooperation" cited in paragraph (a) includes, but is not limited to, making Contractor employees available for: (i) formal and informal interviews by EEO counselors or other Agency officials processing EEO complaints; (ii) formal or informal interviews by EEO investigators charged with investigating complaints of unlawful discrimination filed by federal employees; (iii) reviewing and signing appropriate affidavits or declarations summarizing statements provided by such Contractor employees during the course of EEO investigations; (iv) producing documents requested by EEO counselors, EEO investigators, Agency employees, or the EEOC in connection with a pending EEO complaint; and (v) preparing for and providing testimony in hearings before the EEOC and U.S. District Court. (b) The Contractor shall include the provisions of this clause in all subcontract solicitations and subcontracts awarded at any tier under this contract. (c) Failure on the part of the Contractor or its subcontractors to comply with the terms of this clause may be grounds for the Contracting Officer to terminate this contract for default. HHSAR 352.222-70 Contractor Cooperation in Equal Employment Opportunity Investigations (January 2010) (a) In addition to complying with the clause in FAR 52.222-26, Equal Opportunity, the Contractor shall, in good faith, cooperate with the Department of Health and Human Services (Agency) in investigations of Equal Employment Opportunity (EEO) complaints processed pursuant to 29 C.F.R. Part 1614. For purposes of this clause, the following definitions apply: (1) "Complaint" means a formal or informal complaint that has been lodged with Agency management, Agency EEO officials, the Equal Employment Opportunity Commission (EEOC), or a court of competent jurisdiction. (2) "Contractor employee" means all current Contractor employees who work or worked under this contract. The term also includes current employees of subcontractors who work or worked under this contract. In the case of Contractor and subcontractor employees, who worked under this contract, but who are no longer employed by the Contractor or subcontractor, or who have been assigned to another entity within the Contractor's or subcontractor's organization, the Contractor shall provide the Agency with that employee's last known mailing address, e-mail address, and telephone number, if that employee has been identified as a witness in an EEO complaint or investigation. (3) "Good faith cooperation" cited in paragraph (a) includes, but is not limited to, making Contractor employees available for: (i) formal and informal interviews by EEO counselors or other Agency officials processing EEO complaints; (ii) formal or informal interviews by EEO investigators charged with investigating complaints of unlawful discrimination filed by federal employees; (iii) reviewing and signing appropriate affidavits or declarations summarizing statements provided by such Contractor employees during the course of EEO investigations; (iv) producing documents requested by EEO counselors, EEO investigators, Agency employees, or the EEOC in connection with a pending EEO complaint; and (v) preparing for and providing testimony in hearings before the EEOC and U.S. District Court. (b) The Contractor shall include the provisions of this clause in all subcontract solicitations and subcontracts awarded at any tier under this contract. (c) Failure on the part of the Contractor or its subcontractors to comply with the terms of this clause may be grounds for the Contracting Officer to terminate this contract for default. 52.203-98, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements - Representation (DEVIATION 2015-02) PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS - REPRESENTATION (FEB 2015) (a) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (End of provision) 52.209-2 -- Prohibition on Contracting with Inverted Domestic Corporations--Representation. (Dec 2014) (a) Definitions. "Inverted domestic corporation" and "subsidiary" have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10). (b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4. (c) Representation. By submission of its offer, the offeror represents that- (check one) ____(1) It is not an inverted domestic corporation: and ____(2) It is not a subsidiary of an inverted domestic corporation By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the System for Award Management (SAM) database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation (www.sam.gov). Copies of the above-referenced provisions and clauses are available from http://www.acquisition.gov/far/loadmainre.html or, upon request, either by telephone or fax. This is a Notice of Intent for solicitation to purchase an I-Vision DR Xray System defined herein. The government intends to award a purchase order as a result of this solicitation that will include the terms and conditions set forth herein. To facilitate the award process all quotes must include a statement regarding the terms and conditions herein as follows: "The Terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion or addition." OR "The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following:" (Quoter shall list exception(s) and rationale for the exception(s).) Submission shall be received not later than Monday, August 10, 2015 at 9:00 a.m. MST. Offers may be mailed, e-mailed or faxed to Jesse Weidow, (Fax - 406-363-9288), (E-Mail/ weidowjd@niaid.nih.gov, ). Late submissions shall be treated in accordance with the solicitation provision at FAR 52.212-1(f) All responsible sources may submit an offer that will be considered by this Agency. Any questions or concerns regarding this solicitation should be forwarded in writing via e-mail to Jesse Weidow; weidowjd@niaid.nih.gov.
 
Web Link
FBO.gov Permalink
(https://www.fbo.gov/spg/HHS/NIH/AMOB/NOI-RML-E-1749231/listing.html)
 
Place of Performance
Address: 50 South Drive, Bethesda, Maryland, 20814, United States
Zip Code: 20814
 
Record
SN03812925-W 20150730/150728235403-8ca3e261bcb384a3bafc2827f83b1ec5 (fbodaily.com)
 
Source
FedBizOpps Link to This Notice
(may not be valid after Archive Date)

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